HomeMy WebLinkAboutResolution - 4383 - Letter Agreement - DIB, BR - Road Bridge Over CRPMA, LIA - 02_10_1994Resolution No. 4383
February 10, 1994
Item #21
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 Letter Agreement with the United States of
America Department of the Interior Bureau of Reclamation authorizing the City to construct a
road bridge over the Canadian River Project Main Aqueduct at the Lubbock International Airport,
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
ATTEST:
Betty M. lofin`son,(City Secretary
APPROVED AS TO CONTENT:
J4reuwlsome, Adting Director of Aviation
APPROVED AS TO FORM:
va-'e�j 4v'��
arold Willard, Assistant Cit Attorney
HW:js/ROADBRDG.RES
ccdocs/January 31, 1994
1N REPLY
REFER TO:
OK-420
LND-6.00
United States Department of the Interior
BUREAU OF RECLAMATION
Great Plains Region
OKLAHOMA - TEXAS PROJECTS OFFICE
420 W. Main, Suite 630
Oklahoma City, Oklahoma 73102
J A N 2 71994
Mr. Jim Newsome
Interim Director of Aviation
Lubbock International Airport
City of Lubbock
5401 MLK Blvd.
Lubbock, Texas 79401
Subject: Proposed Crossing of the Canadian River Project Main Aqueduct with an
Access Road Bridge at the Lubbock International Airport
Dear Mr. Newsome:
This letter describes the conditions under which the Bureau of Reclamation
(Reclamation) grants permission to the City of Lubbock, Texas (City) to construct the
subject proposed crossing over the main aqueduct of the Canadian River Project as
described in the specifications and contract documents for AIP Project No.
3-48-0138-13 dated September 1993. The referenced conditions are:
1. The City shall advise the Canadian River Municipal Water Authority (Water
Authority) in sufficient time to permit, if necessary, inspection on behalf of the United
States of any approved construction work in progress and at the completion of
construction within the United States right-of-way.
2. The City will accomplish all construction, operation, and maintenance on United
States right-of-way in a manner which avoids damage to or obstruction of project
facilities or interference in any way with the operation and maintenance of these
facilities. Except as approved in writing, the City will not remove or place additional
overburden on United States rights -of -way.
3. The City assumes the entire responsibility for the construction, maintenance, and
use of the subject crossing facility within the United States right-of-way. The City
understands that should damage occur to the subject crossing facility as a result of the
operation, maintenance, repair or replacement of the aqueduct, repairs to the crossing
facility shall be the sole responsibility of the City. Nothing herein shall ever be
construed to place upon the United States or the Water Authority any manner of liability
for injury to or death of person or persons, or for damage to or loss of property arising
from or in any manner connected with the construction, maintenance, or use of the
subject crossing facility.
4. City participation in any increased costs of future repairs or maintenance to the
aqueduct facility attributable to the installation of the subject crossing facility will be in
accordance with and to the extent possible under applicable laws.
5. The City shall furnish evidence to the United States and Water Authority that
with respect to the construction of the crossing, its contractor carries regular contractor
liability insurance and, in addition, a protective liability policy in behalf of the United
States and the Water Authority which will pay for all costs and expenses incurred from
damages to the aqueduct facility and related claims (minimum limit: $250,000).
6. City agrees that the United States, its officers, agents, employees, and its
successors and assigns shall not be held liable for any damage of City's improvements or
works by reason of the exercise of the rights herein reserved; nor shall anything
contained in this paragraph be constructed in any manner as limiting other reservations
in favor of the United States contained in this agreement.
7. United States makes no warranty, expressed or implied, as to the extent or
validity of the consent granted herein.
8. This agreement shall inure to the benefit of and be binding upon the successors
and assigns of the parties hereto.
9. The terms of this agreement shall continue so long as the City jointly owns
and/or uses the concerned project right-of-way for crossing purposes.
10. All easement rights acquired by the United States at the crossing location,
including the right of ingress and egress, remain in full force and effect.
Please acknowledge receipt and acceptance of these conditions by completing the
signature and date spaces below and returning the original letter to this office. If you
have any questions, please contact Mr. Fred Landefeld at (405) 231-5976.
APPROVED AS TO ONTENT:
Ji A...e, A.A.E.
Interim Director of Aviation
APPROVED AS TO FORM:
/Aw/� vi,
arold Willard
Assistant City At rney r
CONC NCE:
CITY OF L TEXAS
SIGNA
avid R. Lang
TITLE
Sincerely,
Gerald L. Wright ATTEST
Project Manager I I rl'�L
Betty M. Jo ns n
City Secretary
n, Mayo
DATE 02/10/94
cc: Mr. John Williams
General Manager
Canadian River Municipal
Water Authority
P.O. Box 99
Sanford, Texas 79087
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