HomeMy WebLinkAboutResolution - 5463 - Agreement - TDOT - Second Modification, Railroad Relocation-CAHF - 04_10_1997RESOLUTION NO. 5463
Item # 34
April 10, 1997
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 an agreement with the
Texas Department of Transportation entitled "Second Modification Agreement for the
Relocation of a Portion of the Seagraves, Whiteface, and Lubbock Railroad for
Construction of a Controlled Access Highway Facility in the City of Lubbock, Texas"
which is attached hereto and incorporated herein as if fully set forth, and which shall
be included in the minutes of this Council.
Passed by the City Council this 10th day of April , 1997.
Windy Sitton, VAayor
ATTEST:
Kayt4j Darnell, City Secretary
APPROVED AS TO CONTENT:
Mildred Cox, Director of Transportation
APPROVED AS TO FORM:
Linda L. Chamales, Supervising Attorney
RESOLUTION NO.5463
Item. 134
April 10, 1997
STATE OF TEXAS •
COUNTY OF TRAVIS •
SECOND MODIFICATION AGR XIVI ENT FOR THE RELOCATION OF
A PORTION OF TBE SEAGRAVES, WHITEFACE, AND
LUBBOCK RAILROAD FOR CONSTRUCTION OF A CONTROLLED
ACCESS HIGHWAY FACILITY IN THE CITY OF LUBBOCK, TEXAS
This agreement is entered into by and between the State of Texas, acting by and through the
Texas Department of Transportation, hereinafter called the -State, pursuant to Minute Order
Number 88793, dated May 24, 1989, and the City of Lubbock, Texas, acting by and through its
duly authorized official, pursuant to Resolution No. 3173, dated August 10, 1989, hereinafter
called the City, to be effective on the date last executed.
WITNES SETH
WHEREAS, the State and the City entered into an Agreement dated February 12, 1991 and a
Modification Agreement dated June 5, 1991, both for the purpose of relocating the Seagraves,
Whiteface and Lubbock Railroad for construction of a controlled access highway facility in the
City of Lubbock; and,
VMEREAS, the State and the City have agreed to modify the agreements to clarify current
ownership of the railroad and to clarify the percentage of reimbursement of eligible costs
responsibilities of the State pursuant to the agreements.
1
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto, the parties agree that the Seagraves, Whiteface and Lubbock
Railroad was at the time of both agreements referenced herein owned and operated by the
Seagraves, Whiteface, and Lubbock Railroad Corporation. Since the dates of the agreements
referenced herein the ownership of the railroad has changed and the railroad is now owned and
operated by the West Texas and Lubbock Railroad.
IT IS FURTHER AGREED by and between the parties hereto that Article 9 of the Agreement
dated February 12, 1991 is hereby amended by deleting Article 9 in its entirety and substituting
therefor the following: "ARTICLE 9. The State will reimburse to the City an amount equal to but
not exceeding ninety (90) percent of the eligible costs incurred by the City in effecting the
Relocation. Reimbursement to the City shall be requested in accordance with the State's standard
billing procedures with reimbursements being requested no more than once per month. `Sligible
costs" are those that the State normally recognizes in railroad adjustments undertaken by the State
pursuant to applicable Federal and State laws and policies."
The parties hereto agree that the Agreements referenced herein, except as modified by this
Agreement, shall remain in all respects as originally written and shall continue to be effective as of
the dates of the respective Agreements.
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IN TESTIMONY WI]EREOF, the State and the City have executed duplicate counterparts of
this agreement on the dates indicated.
CITY OF LUBBOCK
By:
Windy tton, Mayor
Date: April 10, 1997
• r�
APPROVED AS TO CONTENT
Mildred Cox
Director of Transportation
APPROVED AS TO FORM
Linda L. Chamales
Supervising Attorney
EXECUTION RECOMMENDED
Carl R. Utl y, P.E., District Engineer
Date: -7_
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 Texas
Transportation Commission.
By: 4—
B rnethy, P.E.
Director of Right of way
Date: 5 - 3 0 ' y' %
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Texas Department of Transportation
P.O. BOX 771 • LUBBOCK, TEXAS 79408-0771 • (806) 745-4411
September 15, 1997
Ms. Mildred Cox
Managing Director of Transportation
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Lubbock County
U.S. 82 (East-West Freeway)
CSJ NO. 0380-4-053
Account No. 8005-1-20
From: 2.012 km (1.25 miles) S.W. of Loop 289
To: 1.287 km(0.8 miles) East of I.H.-27
Railroad Relocation
Ms. Cox,
Here is your signed copy of the Second Modification Agreement.
If additional information is required please advise.
c
(11aude C. Kneisley
Right of Way Administr or
CCK/kwm Lubbock District
RECEIVED
SEP 16 1997
CITY SECRETARY
LUBBOCK, TEXAS
An Equal Opportunity Employer