HomeMy WebLinkAboutResolution - 3173 - Accept Three Minute Orders, East West Freeway - 08_10_1989Resolution #;3173
August 10, 1989
Item #15
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RESOLUTION
WHEREAS, the Texas State Department of Highways and Public Transporta-
tion Commission has by its respective Minute Orders 88,791, 88,792, and
88,793 (copies of the form of such minutes orders being attached hereto, and
each form of minute orders respectively being made a part of this Resolution
as if fully copied herein in detail) made an offer to the City of Lubbock in
each of said form of minute orders conditioned upon the timely acceptance of
the terms of said minute orders by the City of Lubbock; and
WHEREAS, the City of Lubbock finds it would be to the benefit of the
public health, safety, and welfare of said City to accept the terms of each
and all of said forms of Minute Orders; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City of Lubbock desires to participate in the
construction and/or reconstruction of U.S. Highway 82 from Loop 289
Northeast to Interstate Highway 27, a distance of 6.8 miles, by its
acceptance of the terms of Texas State Department of Highways and Public
Transportation Minute Orders 88,791, 88,792, and 88;793, as follows:
(A) Minute Order 88,791: U.S. Highway 82 from Avenue L to Avenue H,
a distance of approximately 0.5 miles.
(B) Minute Order 88,792: U.S. Highway 82 from Quaker Avenue to
University Avenue, a distance of approximately 2.9 miles.
(C) Minute Order 88,793: U.S. Highway 82, relocation of the right-
of-way of the Atchison, Topeka and Santa Fe Railway Company
necessary for highway construction improvements.
SECTION 2. THAT the City of Lubbock urges the State Department of
Highway and Public Transportation to provide .ingress and egress, to the
maximum extent possible, to adjacent land uses along the freeway.
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SECTION 3. THAT the City Secretary is hereby authorized and directed
to forward a certified copy of this Resolution to the Texas State Department
of Highways and Public Transportation Commission as evidence to said
Commission that the City of Lubbock has accepted the terms of said Minute
Orders 88,791, 88,792, and 88,793, respectively as requested by said
Commission.
Passed by the City Council this 10th day of August , 1989.
-Ranette Boyd, City Secretary
APP VED AS TO
LarryAj. Roffman',10'rector of
Trans rtation
APPR7 AS 0 FORM: iga
J.th F"ullingim, Assistant 54ty
At o ney
C. McMINN, MAYOR
- 2 -
STATE DEPARTMENT OF HIGHWAYS
AND PUBLIC TRANSPORTATION
LUBBOCK COTHTY MINUTE ORDER PAGE. 1 OF 2 PAC]
DI3TFtIC1 In. LUl3FOCy: (5)
l7IiEREAS, III LUBBOCK COUt:TY III THE CITY OF LUI3BOCK ON
U.S. HICK,7AY 82 FR%l STATE LOOP 289 NORTHEAST TO ItITERSTATE HIGIS-7AY 27,
A DISTAICE OF APPROXIMATELY 6.8 MILES, AN ADDED CAPACITY PROJECT IS
APPROVED IN LEVEL II OF THE 1988 10-YEAR PROJECT DEVELOPMENT PLAN; ACID
VHEREAS, IN ORDER TO PROVIDE FOR THE COtITINUOUS FWI OF
TRAFFIC, IT -IS DESIRABLE TO COMPLETE CONSTRUCTION OF THE PORTION OF
THIS PROJECT FROM AVENUE' L TO AVENUE 11, A DISTANCE OF APPROXIMATELY 0.5
MILE;
tIOGI, THEREFORE, IT IS ORDERED THAT THE ENICINEER-DIRECi'OR IS
HEREBY AUTHORIZED TO TENDER THE FOLLOWII)C PROPOSAL TO THE CITY OF
LUBBOCK: -,
PROVIDED THE CITY OF LUBBOCK 17ILL:
1. PROVIDE TEII PERCENT OF THE COST OF RIGHT OF TTAY CLEAR OF
OBSTRUCTIONS AIID FREE OF COST TO THE STATE WITH ACQUISITIOt7
PROCEDURES'TO BE IN ACCORDANCE 1-1I714 POLICIES OF THE STATE
DEPARTMENT OF HIC LAYS AND PUBLIC TRANSPORTATION AIlD WITH
APPLICABLE FEDERAL AND STATE LA17S GOVERIIIIC THE ACQUISITIOM
POLICIES FOR ACQUIRINC REAL PROPERTY.
2. PROVIDE TEN PFRCf2JT OF TILE COST OF ELIGIBLE UTILITY
ADJUSTMENTS AS MAY BE RMUIRED IN ACCORDANCE WITH POLICIES
OF THE STATE DEPARTTIEUT OF HIGIit7AYS At:D PUBLIC
TRANSPORTATION1.
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f --IN ENGR. -"""rtur,TION
f)ESIGN PANNING
t
MAY 2 5 89
DISTRIS TI DISTRICT FIVE
LUBBOCK COUl;TY
DISTRICT NO. LUBBOCK (5)
STATE DEPARTMMIT OF HIGHWAYS
AND PUBLIC TRANSPORTATION
MINUTE ORDER
PAGE 2 OF 2 PAO]
THE STATE DEPARTMEET OF HIGMAYS AND PUBLIC TRANSPORTATION WILL:
1. PROVIDE NINETY PERCENT OF THE COST OF RIGHT OF TMAY CLEAR OF
OBSTRUCTIONS WITH ACQUISITION PROCEDURES TO BE IN
ACCORDAITCE VTITH STATE DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION POLICIES AID WITH FEDERAL -AI) STATE. LASS
COVERMIIG THE ACQUISITIOI POLICIES FOR ACQUIRING REAL
PROPERTY.
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2. PROVIDE NINETY PERMIT OF THE COST OF ELIGIBLE UTILITY
ADJUSTMEIITS AS MAY BE REQUIRED III ACCORDAIICE WITH POLICIES
OFf THE STATE DEPARTMENT OF HIGM--LAYS AND PUBLIC
TRAITSPORTAT ION .
3. PROVIDE. RELOCAT IOIT ASS I STAMCE AS MAY BE- DETERM ITD TO BE
ELIGIBLE UNDER THE RELOCATION ASSISTANCE PROGRAM.
4. ADD THE ABOVE REFERENCED PROJECT TO LEVEL III OF THE 1988
10—YEAR PROJECT DEVELOPII22T PLAIT.
UPON ACCEPTAUCE OF THE PROVISIONS OF THIS ORDER BY TILE CITY OF
LUBBOCK, IT IS FURTHER ORDERED THAT THE ABOVE REFEREIICED PROJECT IS
HEREBY ADDED TO LEVEL III OF THE 1988 10—YEAR PRCJEM_ DI_'ELOF!-tr..I?T PL110:
AIM TILE EIIGINEER—DIRECTOR IS HEREBY AUTHORIZED TO Pc � F.I"J III TI'E I".OST
FEASIBLE AND ECONOMICAL MAINER WITH PROJECT DEVELOPIIEIIT FOR THE ABOVE
REFERELTCED PROJECT TO INCLUDE ANY NECESSARY AGRF.EM , ITS, RIGHT OF I AY
ACQUISITIONI, UTILITY ADJUST14L17S, RELOCATION ASSISTANCE MID
CONSTRUCTION AT All E.STIMTED COST TO THE. STATE OF $7,000,000.
THIS ORDER SHALL BECOME OPERATIVE UPON ACCEPTAI.CE. BY THE CITY
OF LUBBOCK; AdD IF NOT ACCEPTED WITHIII 90 DAYS OF THE DATE HEREOF, THE.
ACTION HEREIN CONTAINED SHALL BE AUTOMATICALLY CAIICELED.
SL%. 11I:*TED BY
i'
EXMIIIED AIM RDCOIII'-1EIlDED BY:
(TITLE) MMINISTRATIVE ASSISTANT APPROVED DEPUTY DIRECTOR
EUGINEER—DIRECTOR
MIMTI I7_44 3FP. 8R791
LUBBOCK . -- - _._ .. _ .. COUNTY
DISTRICT V0. LUBBOCK (5)
STATE DEPARTMENT OF HIGHWAYS
AND PUBLIC TRANSPORTATION
MINUTE ORDER
PACE 1 OF 3 PAGES
VHEREAS, IN LUBBOCK COUIlTY 011 U.S. HIGIRIAY 82 FROM STATE LOOP
289 III SOUTHWEST LUBBOCK TO IIITERSTATE HICIA-TAY 27, A DISTANCE OF
APPROXIMATELY 6.8 MILES, All ADDED CAPACITY PROJECT IS APPROVED IU LEVEL
II OF THE. 1988 10-YEAR PROJECT DEVELOP4lEt,7 PERT; AND
VHEREAS, CERTAIN RIC:HT OF WAY OF THE ATCHISOII, TOPEKA AND SAIv.rA
FE RAILkAY COMPAtIY WHICH RUI1S PARALLEL TO THE ALIGIII1ENT OF THE ABOVE
REFERENCED HIGHWAY IS NEEDED FOR SAID HIGHWAY PROJECT; AND
11HEREAS, THE RAILROAD CAN BE RELOCATED FROM SOUTMNTEST OF STATE
LCOP 289 NORTH AND EAST TO THE ATCHISOII, TOPEKA AND SANTA FE RAILROAD
VORTIRIEST OF LUBBOCK, MAKIIIG EXISTING RAILROAD RIGHT OF WAY AVAILABLE
FOR CONVEYANCE TO THE STATE FOR HIGH&AAY PURPOSES AT A SUBSTANTIAL
SAVIIIGS TO THE STATE; AND '
WHEREAS, THE CITY OF LUBBOCK HAS OFFERED TO PARTICIPATE III THE
RELOCATIOtl OF THE RAILROAD; AND
t7HEREAS, THE STATE HIGH-TAY ARID PUBLIC TRAPISPORTATI011 COMMISSION
CONSIDERS THE RELCCATIOH OF THE RAILROAD TO BE IN THE PUBLIC INTEREST
AND ALSO DESIRES TO PARTICIPATE III THE RELOCATIOII;
NOI°d, THEREFORE, IT IS ORDERED THAT THE EIIGIIIErR-DIREcToR IS
HEREBY AUTHORIZED TO TENDER THE FOLLOI7ING PROPOSAL TO THE CITY OF
LUBBOCK:
o�sr EHca.
�DM�N EMCR Co"TRUCT'ON
83 L' �
STATE DEPARTMENT OF HIGHWAYS
AND PUBLIC TRANSPORTATION
LUMOCK COU11TY MINUTE ORDER
DISTRICT 1:0. LUBBOCK (5)
PROVIDED THE CITY OF LUBBOCK MILL:
PAGE 2 OF --3 PAGE-
1. ACQUIRE ONE IIUiIDRED PERCENT OF THE ADDITIONIAL RIGHT OF WAY
REQUIRED FOR THE RELOCATION OF THE RAILROAD, PROVIDIIIG TEN
PERCEM OF THE COST OF RIGHT OF WAY, CLEAR OF OBSTRUCTIONS
ACID FREE OF COST TO THE STATE WITH ACQUISITION PROCEDURES
TO BE IN ACCORDANCE WITH APPLICABLE FEDERAL AM STATE LATZ)
GOVERUING THE -ACQUISITION POLICIES FOR ACQUIRINIG REAL
PROPERTY.
2. ADJUST ALL ELIGIBLE UTILITIES REQUIRED FOR THE RELOCATION
OF THE_ RAILROAD, PROVIDIM TENS PERCEZIT OF THE COST OF
ELIGIBLE UTILITY ADJUSTMENTS AS MAY BE REQUIRED.
3. PROVIDE TLTI PERCENT OF THE COST OF THE RELOCATION OF THE
RAILROAD'S RAIL AND APPURTENANT FACILITIES FROM SOUTHIJEST
OF STATE LOOP 289 NIORTH AND EAST TO THE ATCHISON, TOPEKA
AND SANTA FE RAILROAD NORTIRIFST OF LUBBOCK, AND RELOCATE
SAID FACILITIES WEST OF STATE LOOP 289, MAKINIG TINE EXISTING
RAILROAD RIGINT OF WAY AVAILABLE FOR CONVEYAUCE TO THE STATE
FOR HIGInIAY PURPOSES.
THE STATE DEPARTMENT OF HIG15,MYS AND PUBLIC TRANSPORTATION WILL:
1. PROVIDE NItIETY PERCENT OF THE COST OF RIGINT OF `ZAY CLEAR OF
OBSTRUCTIONS WITH ACQUISITION•? PROCEDURES TO BE III
ACCORDANCE WITH STATE DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION POLICIES AND WITH FEDERAL ACID STATE LAIIS
GOVEREIING ME ACQUISITION POLICIES FOR ACQUIRING REAL
PROPERTY.
LLM BOCK COUNTY
DISTRICT NO. LUBBOCK (5)
:;[MMITTED BY
STATE DEPARTMENT OF HIGHWAYS
AND PUBLIC TRANSPORTATION
MINUTE ORDER
PAGE 3 OF 3 PAGES
2. PROVIDE NINETY PERCENT OF THE COST OF ELIGIBLE UTILITY
ADJUSTMENTS AS MAY BE REQUIRED IN ACCORDAI)CE I:ITH POLICIES
OF THE STATE DEPAR74ENT OF HIGIMAYS AND PUBLIC
TRANS PORTAT IOl l .
3. PROVIDE NIllETY PERCENT OF THE COST OF THE RELOCATION OF THE
RAILROAD'S RAIL AND APPURTEIIANT FACILITIES WEST OF STATE
LOOP 289.
4. PROVIDE RELOCATION ASSISTANCE AS VAY BE DETERMIiIED TO BE
ELIGIBLE UNDER THE RELOCATION ASSISTANCE PROGRAM.
5. ADD Tf 1E+ ABOVE REFERENCED RAILROAD RELOCAT IOid TO LEVEL I I I
OF THE 1988 10—YEAR PROJECT DFVEL0P.4Et1T PLAN.
UPOV ACCEPTANCE OF THE PROVISIONS OF THIS ORDER BY THE CITY OF
LUBBOCK, IT IS FURTHER ORDERED THAT THE ABOVE REFERENCED RAILROAD
RELOCATIONI IS HEREBY ADDED TO LEVEL III OF THE 1988 10—YEAR PROJECT
DMTLOPMEUT PLAN; ACID THE ENGINEER —DIRECTOR IS HEREBY AUTHORIZED TO
PROCEED IN THE MOST FEASIBLE AND ECONOMICAL MA"BIER 17IT11 PROJECT
DEVELOPHY21T TO INCLUDE ANY UE',CESSARY AGRF12-1r.NTS, RIGHT OF 1•7AY
ACQUISITION, UTILITY ADJUSTMENTS, RELOCATION ASSISTANCE ACID RELOCATION
OF THE RAILROAD AT AN ESTIMATED COST TO THE STATE OF $10,800,000.
THIS ORDER SHALL BECOME OPERATIVE UPOU ACCEPTADICE BY THE CITY
OF LUBBOCK; AND IF NOT ACCEPTED 4IITHIN 90 DAYS OF THE DATE HFR2EOF, THE
ACTION HEREIN CONTAIDED SHALL BE AUTOMATICALLY CANCELLED.
EXAMINED P"R) RECOf-lMENDED BY:
(TITLE) RIGHT OF WAY EiIGIOEER APPROVED DEPUTY DIRECTOR
ElIGINEER—DIRECTOR
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