HomeMy WebLinkAboutResolution - 122166D - Contract - THD, & Lubbock County - ROW Utility Adjustments, Project RW 52-7-23 - 12_21_1966}
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock be and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a contract between
the City of Lubbock, County of Lubbock and The State of Texas, 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 day of
:pia ..,owe, ulty;tecre
M APPROVEb
Senter, Jr. ,
,-Treasurer
orney
'-0
Texas Highway Department
or, D-15-44
Page 1 of 2
CONTRACTUAL AGREEMENT
FOR
RIGHT OF WAY UTILITY ADJUSTMENTS
(COUNTY FORM)
STATE OF TEXAS COUNTY Lubbock
PROJECT RW 52-7-23
COUNTY OF TRAVIS HIGHWAY U.S. 84
AGREEMENT NO. U-4361
(To Be Completed By The State)
This agreement entered into this day of , 19 ,
by and between the State of Texas, acting by and through the Texas Highway Department,
hereinafter called the State, and Lubbock County, Texas, acting by and
through its duly authorized official under Commissioners' Court Order dated 12th
day of December , 1% 6 , hereinafter called the County, and City of Lubbock
, acting by and through its duly authorized representative,
hereinafter called the Owner.
WHEREAS, the State and County have previous to this date entered into a contract agreeing
to handle by separate contract the adjustment, removal or relocation of certain utility
facilities necessitated as a result -of highway improvements on the subject project on
the basis of a predetermined firm commitment for right of way reimbursement approved by
the State;
WHEREAS, the Owner, in an affidavit dated October 27 , 19 66 , 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:
Relocate electrical transmission pole line between Highway Stations 162 and 200
on U.S. Highway 84 from Loop 289 to Shallowater in Lubbock County,Texas.
WHEREAS, the State and the County desire to accomplish the adjustment, removal or re-
location 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 implement and effectuate the terms and provisions of
that contract of December 18 __, 19J-$_, entered into between the
State and the County, as it pertains to right of way utility adjustments and as it
effects the utility facilities of the Owner.
Upon execution of this agreement by the parties hereto the County will, by written
notice, authorize the Owner to proceed with the necessary adjustment, 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 County pursuant to this contract
shall be full compensation to the Owner for the costs incurred in making such adjust-
ments, removals or relocations. Bills for work hereunder shall be submitted to the
County not later than ninety (90) days after completion of the work.
r
'T;exes Highway Department
Form D-15-44
Page 2 of 2
The County, 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 $ 1,344.34 as full re-
imbursement 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 to the effect that such work has been fully
accomplished. The State will reimburse the County in an amount equal to 50 per cent
of the lump payment to the owner upon receipt of proper billing and certificate by
the County that payment in this amount has been made to the Owner.
It is expressly understood that this contract is subject to cancellation by either
the State or the County 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 either
the part of the State or the County.
CMiISSIONERSI COURT OF
Lubbock . County, Texas
By:
County Adge
om issioner, Precinct Number 1
By 4 ch c l A7
Commissd�ne'r, Precinct Number 2
Comm'. ioner inct Number 3
Commissioner, Preciptrt Number 4
OWNER.: City of Lubbock
By:
Title: Mayor
Date:
Exani.ned and Recomended for Approval:
F Appro v
City Attorney
d
THE STATE OF TEXAS
Certified as being executed for
the purpose and effect of activating
and/or carrying out the orders,
established policies, or work programs
heretofore approved and authorized
by the State Highway Commission:
By:
Executed as State Highway Engineer
and approved for State Highway
Commission.
RECOMMENDED'FOR APPROVAL
District Engineer
Right of Way Engineer