HomeMy WebLinkAboutResolution - 060365C - Contractual Agreement - Right Of Way Utility Adjustments - Loop 289 - 06_03_1965 FOS:bw CKAO
RESOLUTION
3' BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
�O
THAT the Mayor of the City of Lubbock be and is hereby authorized and
directed to execute Ifor and on behalf of the City of Lubbock a Contractual Agree-
ment for Right of Way Utility Adjustments concerning Project RW 783-2^1 on
Loop 289, Agreement No. U-3949, attached herewith which shall be spread upon
the minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 3rd day of June 1965.
MAX TIDMORE, Mayor
ATTEST:
Lavenia L e, City Secr tary-Tre6.surer
FORM APPROVED:
01;
�' -u- ,I-
� 5b_ — .1
Fred O. Senter, Jr. , Cit twrney
r 7�
•.- 'aXaJ •.ag:-:way
Form D-15-4.3
Page 1 of 2
CONT3ACTUAL AGRrFPW'tiT
F OR
G 1 1 T ♦ i.'+`
RIB.T OF WAY 'JTT T-A—
(CITY :0., .
-COUNTY OF TRAVIS ,37
NO
�,.o Be Completed By The State)
T.nis agreement entered into this day of , 19 65 ,
by and between the State of Texas, acting by and through the Texas Highway Department,
hereinafter called the State, and tha City of Lubbock , Texas, acting by
and through its duly authorized official under '' dated day of
19 65 , :ereinafter ------------------------
----------•----_-..----------------s•-+[r�r�ie:'r+�j}.3�-c+':�v _ "::�•G rt:r••d-.: -�•i1-a:'cCr�,:•�; �� -x.�'>•�-z,.�r�,�--ram�a-t ice,
called 0-7nar
.11EREAS, the State a d C y have previous to this date entered into a contract aareaing
to handle by separate contract the adjustment, removal or relocation of certain utility
facilities necessitated as 'a result of highway imrovements on the subject project on
'.he basis of a predetermined firm commitment for right of way reimbursement approved by
the State;
k:.SRSAS, the C.7 in an affidavit dated 'Mav 6 , 19 65 , has
asserted an interest in certain lands and that this proposed highway improvement will
necessitate the adjustment, removal or relocation of certain facilities of the Owner now
located upon such lands as indicated in the following statement of work:
Adjust and relocate electrical line at the intersection of Loop 289 with 4th Street
( .b,. 2255) at Highway Engineer Station 168+53.2 to Station 184+7.3.
WHEREAS, the State 3 d-t:,e-Gi:y desire to accomplish the adjustment, removal or relocation
of the Owner's utility facilities by entering into an agreement with the Owner;
NOW, THEREFORE, be it mutually agreed that this contract entered into this date between
the parties hereto is intended to irpla:ment and effectuate the terms and provisions of
that contract of i^ruary 7 , 19 59 , entered into between the State
yr
and the af , as it per�4ia to right of way utility adjustments and as it effects the
utility facilities of tha 0wmner.
Omer
Upon execution of this agreement by the parties hereto the G t-y will,
4 at'rer��e-th;-Crner-ta proceed with the necessary ad ustment, removal or relocation; and
the Owner agrees to prosecute such work diligently to completion in such manner as will.
not result in avoidable interference or delay in either the State's highway construction
or in the said work.
The Owner will carry out said adjustments, removals or relocations in accordance with
the plans attached hereto, and the costs paid by the G ;:y pursuant to this contract
to Owner
r
D-15-43
Page 2 of 2
shall be full compensation to the Owner for the costs incurred in making such adjustments,
removals or relocations. Bills for work hereunder shall be submitted to the-C-rty- not
later than ninety (90) days after completion of the wor:c. State
Owner
The -Gi=wry subject to the' acquisition of such rights or interests as may be deemed necessary
along or across the Owner's interest in land, agrees to pay the Owner and the Owner agrees
to accept a lump sum amount of 4 50% of $2,738.09 as full reimbursement for work
covered by this contract, said reimbursement to be forthcoming in such lump sum only after
receipt of a lump sum final billing in the foregoing amount accompanied by a certificate
G-tn�t effect that such work has been full accomplished. The Sta � i b e the
-err -•egea41--to-5�-per-een-t-od--tlie-lnmp-pay,seat-to-the- weer--upon e6eigt-o€
proper billing and certificate by the � 3*-ghat-gayren�- n-this-ame�xt-leas-bae�Iaade-�a
-i4 4)--v, r. Owner that payment has been made.
It �s expressly understood, that this contract is subject to cancellation by ertirer the
State -cr--tie-4:A-t-5r-at any time up to the date that work under this contract has been
authorized and that such cancellation will not create any liability on &i-U4 r--the part
of the State o-r--tie-,City.
CITY OF LUBBOCK , TEXAS THE STATE OF TEXAS
�.� Certified as being executed for
BY: ./�?"°�t/f .."!i'/'.! the purpose and effect of activating
Mayor and/or carrying out the orders, -
f_rn Approved established policies, or work programs
heretofore approved and authorized by
the State Highway Commission:
Otj Attorney
ATTEST: By: _
Executed as State Highway Engineer
and approved for State Highway
Commission.
G•tty Of LUt)DOGKA Socro:ary-Treasurer
C`eINER: RECQMMENDED FOR APPROVAL
By:
Title:
Date:
District Engineer
Examined and Recommended for Approval:
Right of Way Engineer