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Resolution - 101366F - City Commission Accepts Provisions Of Highway Commission- Improvement Of FM 1264 - 10_13_1966
RES O L .VT ZOE THE STATE OF TEXAS ` LUBBOCK TEXAS COUNTY OF LUBBOCK October 13 . 19U MOTION was made by,Councilmap Medlock. ___and seconded by Councilman Diekemner that the City Co mission of Lubbock agree ra.: accept the provisions contained in Minute Order Number 58453 ' passed by the State Highway Commission on ; �gctober 3 ,19669 for.the improvement of the Texas .Hight-ray Departmept-of.the streets described belawt . In Lubbock County on Farm to Market Road 1264p in the city of Lubbockg widening from Loop 289, to U, B. Highway 640 a distance ' of approximately 0.9 mile;, 41 �tS VOTE ON THE MOTION was as follows= Mayor Rogers and Councilmen Granberry, d o t ea -none Xoting NA WERE-UPON, the motion was declared carried. THE STATE CF TEXAS COUNTY OF LUBBOCK LAvgnia Lowe , City Secretary of the city of Lubbock do hereby officially certify that the above and foregoing is a true .and correct copy of a Resolution passed by the City Council of the City of Lubbock . at. 8 regular'meeting held on October 13 19664 City Secre ary,k City of bock, Lubbock County, Texas . r L% / C 1867.1-4 Lubbock County STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT, made this / day of © , 19660 by and between the City of Lubbock, Texas, ,hereinafter called the "City",. Party of the First Part, acting by and through its City Council and the State of Texas, hereinafter called the "Stater!! Party of the Second Part, acting by and through its State Highway Commission. WHEREAS, the City desires the construction of concrete curb and gutter within the Limits from Loop 289 to Erskine Street on Farm to Market Road No. 1264# which is solely the Cityfs responsir• bility and the City has requested the State to construct or have constructed this work. The State will contruct or have constructed this work for and on behalf of the City and at the City's sole expense. The estimated construction cost of this work is Fifteen Thousand Five Hundred and No/100 Dollars ($15,500.00), including contingencies and construction engineering, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of State Highway Commission Minute No* 58453, as it applies to the City, a copy of which is attached hereto and marked '!Exhibit A" and made a part of this agreement. NOW THEREFORE, it is understood that this proposed work will be constructed by the State and the City will transmit to the State with the return of this agreement, executed by the Git;Ld l a warrant made payable to the State Treasurer, Account of Trust No. 927 in the amount of Fifteen Thousand Five Hundred and No/100 Dollars ($15,500.00), to be used in paying for the proposed work required by the City in the City of Lubbock. It is further understood that the State will construct only those items for the City as requested and required by the City and the entire cost of such items will be borne by the City. If the State elects to receive bids and if upon receipt of bids by the State and/or the actual construction and/or approved changes in the contemplated improvement it is found that this amount is insufficient to pay the City's portion, then the City upon request of the State will forthwith supplement this amount by an amount equal to the Cityts full estimated or actual share of the cost of this work less the amount previously paid into Trust Fund No. 927. In the event the amount as paid is more than the actual cost, then the excess amount will be returned to the City. It is further understood that the work to be done on behalf of the City, as herein provided, will include the cost of contingencies and construction engineering. It is further under- stood that the City by the execution of this agreement agrees to the' terms and conditions of State Highway Commission Minute No. 58453, as it applies to the City, a copy of which is attached hereto and marked "Exhibit All and made a part of this agreement. 2. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. CI --O LUBBOCK STATE OF TEXAS Pa of the irst P STATE HIGHWAY COMMISSION Party of the Second Part BY: Certified as being executed for the purpose and effect of activating By: .../ �1�� % and/or carrying out the orders, Memv r of City 'GquYicil established policies, or work � programs heretofore .approved Byz C ea, . and authorized by the State Member Cit � Highway Commissions By: By: Member City Council State Highway Engineer under �> authority of Commission Minute By: /�-'l� �":mac - 3o665 Member of City Council Recommended for execution: Engineer of Aid Projects 3. • r . WHEREAS, in LUBBOCK COUNTY on FARM TO MARKET ROAD 126 the City of Lubbock has requested assistance in the widening of pavement including incidental items thereto from Loop 289 to U. S. Highway $k, a distance of approximately 0.9 mile; and WHEREAS, an analysis of the requested work indicates that such widening will materially add to traffic safety on this facility; NOW, THEREFORE, the State Highway Engineer is directed to tender the folbwing proposal to the City of Lubbock: Provided the City will: 1. Furnish all necessary right of way clear of obstructions and free of cost and provide for the immediate construction of continuous curb and gutter, utility adjustments, storm sewers, etc., all as may be necessary for a complete project with the exception of pavement and its support. 2. Assume responsibility for the construction of driveways and sidewalks should ,they be deemed necessary now or in the future and agree to make such installations in accordance with governing policies and regulations of the Department. 3. Maintain that portion of the work which is- its responsibility in accordance with present maintenance agreement and agree to regulate traffic, provide for parallel parking and prevent encroachment on the right of way, all in accordance with governing policies and regulations of the Department. The Texas Highway Department will.: 1. Provide for widening pavement and its support within these limits. 2. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement. It is understood that the responsibility of the Texas Highway Department is confined to the pavement and its support, and all other features necessary now or in the future to provide an adequate travel facility shall be the responsibility of the City of Lubbock. Upon acceptance of the provisions of this -Order by the appropriate officials of the City of Lubbock, the State Highway Engineer is directed to proceed with the development of plans for construction and after the City has fulfilled its responsibilities, proceed with construction in the most feasible and economical manner, financing the cost in the 1967 Faz= to Market Road Improvement Program. Minute No. 58453 — Continued It is understood that the City may discharge its construction obligations as outlined herein in any manner as they may elect. In the event the City desires the State to include their portion of the work in the State's construction contract, the State Highway Engineer is hereby authorized to enter into agreement with the City for such work and. its cost as may be agreed upon. . This Order shall become operative upon acceptance by the City of Lubbock and if not*cepted within 90 days of the date hereof,, the ,action herein contained shall be automatically cancelled. Minute No. 58453 October 3, 1966 COPY HUMIT A"