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HomeMy WebLinkAboutResolution - 031468E - Amendment #1 To Contract-USA-Regarding Final Action Date, Utilities Abandonment - 03_14_1968RESOLUTION WHEREAS, the City of Lubbock land the United States of America entered into contract dated September 28, 1967!66ver hg utility relocation and street and alley osings and abandonment necessary for the construction of the Federal Courthouse )d Office Building, and WHEREAS, the United States of :America desires to amend such contract in :gards to the date that final action on, street and alley closings and abandonment id utility line abandonment shall betaken, and WHEREAS, such contract amendment would be to the advantage of both pantie such agreement; NOW THEREFORE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of (Lubbock is hereby authorized and directed to ;ecute fnr and on behalf of the City ofiLubbock Amendment No. 1 to contract !tween the City of Lubbock, Lubbock,(-.ouniy, Texas and the United States of Amer a attached herewith which shall be spread upon the minutes of the Council and as )read upon the minutes of this Council shall constitute and be a part of this Resolu :)n as if fully copied herein in detail, assed by the City Council this I&t day of March 1968. TTEST: s airenia Lowe, Ctity Sec PPROVED !.L _ red O. Senter, Jr., C AMENDMENT NO. 1 TO CONTRACT BETWEEN THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS AND THE UNITED STATES OF AMERICA This amendment No. 1 to contract and agreement, made by and between the City of Lubbock, Lubbock County, Texas, and the United States of America, acting by and through the Administrator of General Services, under and pursuant to the powers and authority contained in the Federal Property and Administrative Services Act of 1949, 63 Stat. 377, as amended, and the Public Buildings Act of 1959, 73 Stat. 479, as amended (40 U.S.C. 601-615), and rules, regulations and orders issued pursuant thereto; WAEREAS, it is the desire of the parties hereto to amend said contract dated September 28, 1967: NOW THEREFORE, the parties hereto agree that Paragraphs Numbers 1, 3, 4, and 5 of said contract dated September 28, 1967, are deleted from the contract and the following is substituted therefor: 1. The City of Lubbock will take the necessary legal action to close all public alleys in Blocks 134 and 150, Original Town, City of Lubbock, Texas, and that portion of 13th Street lying in and between said Blocks 134 and 150, Original Town, Lubbock, Texas, and will quitclaim all its rights, title and interest in same to the United States of America. The action provided under this paragraph will not be taken by the City of Lubbock until requested by the United States of America and then will be accomplished within 60 days. 3. The City of Lubbock will remove, relocate or abandon all utility lines from Blocks 134 and 150, Original Town of Lubbock, Texas, including such lines in all public alleys in said Blocks 134 and 150, and in that portion of 13th Street situated between said Blocks 134 and 150 without cost to the Government except as hereinafter stated. Any of such lines which are abandoned shall be deactivated at the Block lines and shall be plugged where necessary. The City of Lubbock will, if not done before, accomplish the requirements of this paragraph within 60 days of request by the United States of America. 4. Within 60 days of request by the United States of America, the City of Lubbock, Texas, also agrees to cause to be furnished to the United States of America an original and one copy of the attached Disclaimers signed by the utility companies hereinafter named: Lubbock Power & Light Company, Southwestern Public Service, Pioneer Natural Gas Company, and Southwestern Bell Telephone Company. 5. It is mutually understood and agreed, by and between the parties hereto, that all utility lines not removed from the said Courthouse and Federal Office Building site within 60 days of request by the United States of America shall become the property of the United States of America. The parties further agree that in consideration of the above the City of Lubbock, Texas, will, within 60 days of the request of the United States of America, remove the bricks from said public alleys and portion of 13th Street lying in and between said Blocks 134 and 150, Original Town, Lubbock, Texas, and any such bricks not removed by the City of Lubbock within the 60 day period shall become the property of the United States of America. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 14 day of MAR 1968 A.D. Attest: THE CITY OF LUBBOCK, TEXAS By, form Approved UNITED STATES OF AMERICA, Acting by and through the Administrator of ca Attorney General Services By. 2