HomeMy WebLinkAboutResolution - 010975K - Road Material Purchase Agreement - State Highway Dept - FM 2641 - 01_09_19750409754
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock be and hereby is authorized and
directed to execute for and on behalf 8f the City of Lubbock a Road Material
(Borrow) purchase agreement to be entered into by and between said City
and the State of Texas and/or the Texas State Highway Department (as
Purchaser) for road material to be used in Construction of a portion of
E. M. 2641, attached herewith which shall be spread upon the minutes of
the Council and as spread upon the minutes of this Council shall consti-
tute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 9th day of January , 1975.
ROY BA S, MAYOR
11_16^r11r__ 14
TREVA PHI LLIPS, Yty Secretary -Treasurer
APPROVED AS TO FORM:
red O. Senter, Jr,�,/City Attorney
No Text
STATE OF TEXAS, COUNTY OF -+'J {) O G 1 \
This agreement is made this 4 LDay of JAMUARY t is 7
by and between , City of Lubbock
his/their executors, administrators, heirs, sucessors or assigns, hereinafter
referred to as the Party of the First Part, and the State of Texas. State'High—
way Department, acting through its State Highway Engineer,. hereinafter referred
to as the Party of the Second Part. -
Whereas, preliminary investigations have indicated 'that! acceptable.
material is available from lands hereinafter -described, owned controlled by., the
Party of the First Part, and
Whereas, the Party of the First Part desires to..sell any..or al2a.. of,
this acceptable -material.
Witnesseth The Party of the First Part fors and in consfderatlon:
of one dollar ($1.00)'and other valuable considerations, receipt ofwhich'.is
hereby acknowledged, does hereby agree to hold for the exclusive use of,the
Party of Second Part, its agent or Contractor., all borrow material occurng
on said lands, hereinafter described, and to sell any or -all of this material
that may prove acceptable to the Party of the Second Part at the unit royalty;
price of (S0.00) pier cubic yard The Party of the First '-
Part hereby further agrees to indemnify and save harmless the Party of the
Second Part from any and all damage, or loss, that may develop from existing
mortgages,'leases, or liens on the lands hereinafter described... .
The Party of the Second Part agrees'to pay for all accepted mate—
rial at the unit royalty rate designated above by the Party of the First Part
Royalty payment(s) will be made (1) imdc�xmat�rss�x�xxaxxr2,yx
cc�x��a�ca�tx�im¢ax14xx�skxptxcxx��l�x�4g�xt9�t3i4�
(3) as follows:
NO PAYMENTS
No royalty payment will be made for strippings of pit or other unsuitable
material, whether at pit or delivered on the road.
It is mutually agreed that payment will be made only for accepta-
ble material, measured as provided for in the governing specification, and
delivered at points designated by the duly authorized representative of the
Party of the Second Part. The governing 6pecification requires that the mate-
rial be measured in -its original position and the volume computed in cubic
yards by the method of average end areas.
2
Form 1080
It is further mutually agreed and understood that the agents of
Contractors for the Party of the Second Part are to have free ingress to and
egress from said lands, -hereinafter described, for the purpose of excavating
and removing said material. All fences, gates and other existing improve-
ments on the said lands, hereinafter described., after removal of all material
-desired by.the-Party of.the Second Part, shall be placed in a condition com-
parable in repair to their former state by the Party of the Second Part., its
agent or Contractor. All equipment placed on said lands by the.Party of the
Second Part., its agent or Contractor, to assist in the removal of said mate-
rial, shall be removed by the Party of the Second Part, its agent or Contractor,
upon the abandonment.of.the pit.
IttIs further mutually agreed and understood than should the Party, '
of'the First Part: at any time consider the maintenance of watchmen or the erec--
tion of additional fences, cattle guards, etc., against possible damage or loss
during pit operations, all arrangements and costs incident thereto shall be
_the.entire-responsibility of the Party of the First Part.. Any such safeguards
considered necessary by the Party of the Second Part shall. be the entire re-
sponsibility of.the Party of the Second Part.
This'agreement shall expire two year(s) from the date of execu-
tiam unless,.the.Party of the Second Part at that time has under contract or has
issued work order for construction of the project or projects hereinbefore de-
scribed, in which event this agreement shall remain in effect until all such
raterial.desired by the Party of the Second Part for construction -of said project
or projects has -been -removed and the conditions hereinbefore stated have been
fulfilled.
Location and description of lands hereinbefore mentioned (Give such
'information as .is necessary to establish the location and limits of the source
of material in -a manner satisfactory and understandable to both parties):
Zit to be located in the Northwest 1/4 of Section 10, Block A, Lubbock County,
Teas,"adjacent -to proposed F.M. 2641.
Form 1080 3"
IN WITNESS WHEREOF, the
Parties concerned -hereto have set their hands
the date herein named.
STATE OF TEXAS
Party of the First Fart
Party of the Second Part
Certified as being executed 'for the pur--
City of Lubbock, Texas
pose and effect of activating and/or r
carrying. out the. orders., established
By: S
.policies, or work programs heretofore
ROY BASIS,'MAYOR';.,
approved and authorized by the State
if
Highway Commission:
ma;Tiga, both husband and wife
BY
} Should sign) S
ig Assistant State H hw ay .Engineer
Recommended for approval:
AT -TEST: ''
fl
Treva Phillips, Ci Secretary -Treasurer Resident Engineer
APPROVED AST FORM:
District Engineer`
Fre 0. Sente r, J r. , City Attorney
Chief Engineer of Highway Design
Engineer, Secondary Roads
r" -
CERTIFICATION OF VALUE,, after having made necessary investigation of
the land I certify that the total royalty cost for the material to be used from
this pit will not exceed the normal
value of the land.
District Engineer, State Highway Department
4 _
Form 1080