HomeMy WebLinkAboutResolution - 3203 - Minuete Order #89232 - TDHPT Comminssion - Paving Improvements, Slide Road - 09_28_1989Resolution # 3203
September 28, 3.989
Item #10
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the City of Lubbock hereby approves and accepts the
terms of Texas State Department of Highways and Public Transportation
Commission Minute Order No. 89232, a copy of which is attached hereto and
made a part of this Resolution.
SECTION 2. THAT the City Engineer shall furnish to the Texas State
Department of Highways and Public Transportation a copy of this Resolution
duly certified to by the City Secretary as evidence of the acceptance by the
City of Lubbock of the aforesaid Minute Order No. 89232.
Passed by the City Council this 28th day of September 1989.
a Z
B. C. MCMINN, MAYOR
Ranette Boyd, City SecretdT
W
AS TO CONTENT:
H rtel, City Engineer
APPRqfD�AS� TO_URM: f/
ul-lingim,—AssistantjCity
ttprney
STATE DEPARTMENT OF HIGHWAYS
AND PUBLIC TRANSPORTATION
LUBBOCK County MINUTE ORDER Page 1 of 3 Pages
District No.__ LUBBOCK (5)
WHEREAS, in LUBBOCK COUNTY in the City of Lubbock on SLIDE ROAD
from 19th Street (State Highway 114) to 29th Drive, a distance of
approximately 0.6 mile, a construction project was approved in the
1988-92 Urban System Program (Non -Major Urbanized Areas); and
WHEREAS, it has been determined that right of way acquisition
is required for this project; and
WHEREAS, Minute Order 87454 dated June 28, 1988 designated this
section of Slide Road a part of the State Highway System as a Principal
Arterial Street;
NOW, THEREFORE, IT IS ORDERED that the Engineer -Director is
hereby directed to tender the following proposal to the City of
Lubbock:
Provided the City of Lubbock will:
1. Provide fifty percent of the right of way clear of
obstructions and free of cost to the State with acquisition
procedures to be in accordance with policies of the State
Department of Highways and Public Transportation and with
applicable Federal and State laws governing the acquisition
policies for acquiring real property.
2. Provide fifty percent of the cost of eligible utility
adjustments as may be required in accordance with policies
of the State Department of Highways and Public
Transportation.
si ENGq r"
l INN ENGR. �NSTRVCTION
.:.M N PL4NN1NG
LUBBOCK
County
District No. LUBBOCK (5)
STATE DEPARTMENT OF HIGHWAYS
AND PUBLIC TRANSPORTATION
MINUTE ORDER
Page 2 of 3 Pages
3. Upon completion of the construction of this project,
maintain that portion of the work which is its
responsibility in accordance with Federal and State
requirements, and agree to regulate traffic and prevent
encroachment on the right of way, all in accordance with
governing policies and regulations of the State Department
of Highways and Public Transportation.
The State Department of Highways and Public Transportation will:
1. Provide fifty percent of the right of way clear of
obstructions and free of cost to the State with acquisition
procedures to be in accordance with policies of the State
Department of Highways and Public Transportation and with
applicable Federal and State laws governing the acquisition
policies for acquiring real property.
2. Provide fifty percent of the cost of eligible utility
adjustments as may be repuired'in accordance with policies
of the State Department bf Highways and Public
Transportation.
3. Provide relocation assistance as may be determined to be
eligible under the Relocation Assistance Program.
4. Provide for construction.
LUBBOCK
County
District No. LUBBOCK (5)
Submitted by
STATE DEPARTMENT OF HIGHWAYS
AND PUBLIC TRANSPORTATION
MINUTE ORDER
Page 3 of 3 Pages
Upon acceptance of the provisions of this Order by the City of
Lubbock, IT IS FURTHER ORDERED that the Engineer -Director is hereby
authorized to proceed in the most feasible and economical manner with
project development to include any necessary agreements, right of way
acquisition, utility adjustments, relocation assistance and
construction at an estimated cost to the State of $1,340,500
($1,164,500 of which was previously authorized for construction), which
will be funded in the 1988-92 Urban System Program (Non -Major Urbanized
Areas).
This Order shall become operative upon acceptance by the City
of Lubbock; and if not accepted within 90 days of the date hereof, the
action herein contained shall be automatically canceled.
Examined and recommended by:
Title Administrative Assistant Approved Deputy Director
Engineer -Director
Minute Number 89232
Date Passed AUG 29 89
COMMISSION
ROBERT H. DEDMAN, CHAIRMAN
JOHN R. BUTLER, JR.
RAY STOKER, JR.
Project: CRP 90 M M
Control: 8015-05-002
Highway: Slide Road
County: Lubbock
Mr. Larry Cunningham
City Manager
City of Lubbock
P. 0. Box 2000
Lubbock, Texas 79457
Dear Sir:
STATE DEPARTMENT OF HIGHWAYS
AND P4L.I( TIAX S�Q�tTATION
Lubbock, Texas 794408-0771
September 5, 1989
Enclosed is Minute Order No. 89232 listing the responsibilities of the
City of Lubbock and the State Department of Highways and Public Trans-
portation on the above captioned project. We ask that approval of this
Minute Order be placed on the agenda for the next City Council Meeting.
If further information is needed, please advise.
WFP/AHA/ahk
Enclosure
ENGINEER -DIRECTOR
R. E. STOTZER, JR.
IN REPLY REFER TO
Sincerely,
Edward P. Hensley, P.E.
District Design Engineer
District Five (5)
COMMISSION
ROBERT H. DEDMAN, CHAIRMAN
RAY STOKER, JR.
WAYNE B. DUDDLESTEN
P.A.S.S. Project
Slide Road
STATE DEPARTMENT OF HIGHWAYS
AND PUBLIC TRANSPORTATION
Box 771
Lubbock, Texas 79408-0771
November 28, 1989
The Honorable B. C. McMinn
Mayor, City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Dear Mayor McMinn:
RECEDED
NOV 2 8 1989
LIAYOR'S OI=P{CE
ENGINEER -DIRECTOR
R. E. STOTZER, JR., P.E.
IN REPLY REFER TO:
Enclosed is your copy of Form D-15-146, Agreement to Contribute Funds, for the
widening of Slide Road.
If additional information is needed, please advise James Grace at 745-4411,
extension 415.
Sincerely,
Claude C. Kneisl
Right of Way Sup
District Five
CCK/JRG/dvl
Attachment
State bepartment of 1119b' rays
and Public Transportation
Form D-15.146
Agreement to Contribute Funds
(City Form - PASS Project)
THE STATE OFTEXAS X County Lubbock
Project No. CRP 90 (1)
COUNTY OF TRAVIS X CSJ No. 8015-5-3
Account No. 6005-50-1
This agreement by and between the State of Texas, acting by and through the State Department of Highways
and Public Transportation, hereinafter called the State, and Lubbock . Texas, acting by
and through its duly authorized officials under Resolution dated 9th day of Noyiehbr:_ ,
19 89, hereinafter called the City, shall be effective on the date of approval and execution by and on
behalf of the State.
WHEREAS. the State and the City desire to enter into contractual agreements and acquire right of way on
the following projects:
Highway Account No. Limits
PASS(Slide Rd) From: 19th Street (SH 114)
To: 29th Drive
;and,
WHEREAS, the City has now requested that the State assume responsibility for acquisition of all necessary
right of way; and,
WHEREAS, the City desires to voluntarily contribute to the State funds, equal to 50 percent of the
cost of the right of way, for the proper development and construction of the State Highway System.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be derived
therefrom, the City shall contribute to the State an amount equal to _ 50 percent of the cost of the right of
way to be acquired by the State and shall transmit to the State with the return of this agreement, executed
by the City. a warrant or check payable to the State Department of Highways and Public Transportation in
the amount of --Eighty-Eight Thousand and no/100 - - - - - - - - - - - - - - Dollars
% RR - nnn _ nn). however, if it is found that this amount is insufficient to pay the City's obligation, then the
City, upon request of the State, will forthwith supplement this amount in such amount as requested by the
State. The City will be given full credit based upon the State's determined value, up to the amount of their
right of way obligation, for all right of way parcels acquired in the name of the State by donation or without
cost after the effective date of this contract. Upon completion of the project and in the event the amount paid
and or credited is more than the City's right of way obligation then any excess amount previously paid by the
City will be returned to the City. Cost of the right of way acquired by the State shall mean the total value of
compensation to owners for their property interests either by negotiation or eminent domain.
This agreement is approved and executed on behalf of the State this day of
19
City of Lubbock Texas
Ky. v
Milyor
ATTE:S �-
Ay -
Ranette Bqd, City e ary
APPROVED AS TO CONTENT:
Larry D. Herte City Engineer
EXECUTION RECOMMEN
District Engineer
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 autho-
rized by the state Highways and Public Transportation
CommiasiuW*der the authority of Minute Order
v •
Ri htufWayEn eer
- - N6V 2 0 19
COMMISSION
ROBERT H. DEDMAN, CHAIRMAN
RAY STOKER, JR.
WAYNE S. OUDDLESTEN
RGW
STATE DEPARTMENT OF HIGHWAYS
AND PUBLIC TRANSPORTATION
P.O. Box 771
Lubbock, Texas 79408-0771
October 4, 1989
Mr. Roger G. Welsch
Deputy Director, Design and Construction
Austin, Texas
ATTN: Wanda Burton
Dear Sir:
ENGINEER -DIRECTOR
R. E. STOTZER, JR., P.E.
IN REPLY REFER TO.
kttached please find the Resolution and Affidavit from the
city of Lubbock accepting the terms of Minute Order No.
89232, covering Slide Road from 19th Street (State Highway
114) to 29th Drive, here in Lubbock.
If further assistance is needed, please advise.
Sincerely,
40--e1w
Edward P. Hensley, P.E.
District Design Engineer
District Five
EPH/cw
enclosure
CITY OF LUBBOCK
COUNTY OF LUBBOCK
STATE OF TEXAS
U
v
AFFIDAVIT
Before me, the undersigned authority, personally appeared Ranette
Boyd, who, being by me duly sworn, deposed as follows:
My name is Ranette Boyd, I am of sound mind, capable of making this
affidavit, and personally acquainted with the facts herein stated:
I am the custodian of the records of the City Secretary's Office for
the City of Lubbock, Texas. Attached hereto are four (4) pages of records
known as Resolution No. 3203 and Texas State Department of Highways and
Public Transportation Commission Minute Order No. 89232 from permanent
records from City of Lubbock. These said four (4) pages of records is kept
by myself as City Secretary in the regular course of.business, and it was
the regular course of business of the City Secretary of the City of
Lubbock, Texas for an employee or representatives of the City Secretary of
the City of Lubbock, Texas, with knowledge of the act, event, condition,
opinion, or diagnosis, recorded to make the record or to transmit
information thereof to be included in such record; and the record was made
at or near the time or reasonably soon thereafter. The records attached
hereto are the original or exact duplicates of the original.
-Aff nt
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared Ranette Boyd, known to me to
be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that she executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4th day of October, 1989.
(seal)
Nota y Public, State of exas
My commission expires: 3-5-93
Resloution #3242
• November 9, 1989
Item #11
JWF:da
RESOLUTION
BE 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 execute for and on behalf of the City of Lubbock an "Agreement
to Contribute Funds (City Form Pass Project)" for Lubbock County, Project
No. CRP 90(1), CSJ No. 8015-5-21for Slide Road from 19th Street (SH 114) to
29th Drive in the City of Lubbock, Lubbock County, Texas, said agreement to
be entered into by and between said City and the Texas State Department of
Highways and Public Transportation, 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 Qth day of Nnvpmhpr , 1989•
e�
B. C. McM N , MAYOR
' ATTEST:.,
/
Ranette Boyd, Ci y Secreta
1 ,
PPROVED AS TO CONTENT:
arry D. Herte City E gineer
APPROVED AS TO FORM:
tlilod —,TAAma4,Ak.
UJ qortff'Fullingim, Assista
CW Attorney
CITY OF LUBBOCK §
COUNTY OF LUBBOCK §
STATE OF TEXAS §
AFFIDAVIT
Before me, the undersigned authority, personally appeared Ranette Boyd, who,
being by me duly sworn, deposed as follows:
My name is Ranette Boyd, I am of sound mind, capable of making this
affidavit, and personally acquainted with the facts herein stated:
I am the custodian of the records of the City Secretary's Office for the
City of Lubbock, Texas. Attached hereto is one (1) page of records known as
Resolution No. 3242, from permanent records of City of Lubbock. This said one (1)
page of records are kept by me as City Secretary in the regular course of
business, and it was in the regular course of business of the City Secretary of
the City of Lubbock, Texas or as an employee or representative of the City
Secretary of the City of Lubbock, Texas, with knowledge of the act, event,
condition, opinion, or diagnosis, recorded to make the record or to transmit
information thereof to be included in such record; and the record was made at or
near the time or reasonably soon thereafter. The records attached hereto are the
original or exact duplicates of the original.
BEFORE ME, the undersigned authority, a Notary Public in and for said
County, Texas, on this day personally appeared Ranette Boyd, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me
that she executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 9th day of November, 1989.
(seal)
of y Public, State df Texas
My commission expires: 3-6-93