HomeMy WebLinkAboutResolution - 1261 - Agreement - Lubbock County - Reimbursement, County Road 26 Relocation - 11_11_19824� ,"Q'I
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RESOLUTION 1261 - 11/11/82
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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 an Agreement
between the City of Lubbock and the County of Lubbock providing for the reim-
bursement of the County for the relocation of a portion of County Road 26
which constitutes an airport hazard to operations at the Lubbock International
Airport, which Agreement, attached herewith, 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;
AND BE IT FURTHER RESOLVED:
THAT the Director of Aviation of the City of Lubbock is hereby authorized
and directed to reimburse the County of Lubbock for fifty percent of the cost
of relocating County Road 26 by the construction of two miles of County Road
61 between County Road 26 and County Road 28, such reimbursement to be made
out of the Airport Capital Project Fund and funds granted to the City of
Lubbock by the Federal Aviation Administration and with the consent and ap-
proval of the Federal Aviation Administration.
Passed this 11tFday of November , 1982 by the City Council of the
City of Lubbock, Texas.
BILL MCALISTER, MAYOR
ATTEST:
Lffga,- CityGSee
AS TO CONTENT:
Coffee, DV&tor of Aviation
AS TO FORM:
, Assistant City Attorney
STATE OF TEXAS
COUNTY OF LUBBOCK
AGREEMENT
RESOLUTION 1261 - 11/11/82
CITY SECRETARY TREASURER
02
This Agreement is entered into by and between the City of
Lubbock, Texas and the County of Lubbock, Texas.
WHEREAS, the City of Lubbock has undertaken the initial phase
for the extension of the east -west runway of the Lubbock Interna-
tional Airport; and
WHEREAS, the City of Lubbock has accepted grants from the
Federal Aviation Administration to finance the relocation of a
county road and acquisition of land for said runway extension; and
WHEREAS, the Federal Aviation Administration has designated a
one-half mile stretch of County Road 26 as an airport hazard to
planes using the extended east -west runway; and
WHEREAS, Article 46d-15 of the Municipal Airport Act declares
the elimination of airport hazards to be a public and governmental
function exercised for a public purpose; and
WHEREAS, Article 46C-2 of the Airport Zoning Regulation Act
declares that the elimination, removal, alteration or mitigation
of existing airport hazards are public purposes for which poli-
tical subdivisions may expend public funds; and
WHEREAS, the Interlocal Cooperation Act, Article 4413 (32c)
V.A.C.S., authorizes agreements between counties and cities for
the performance of any governmental function which both parties to
the agreement are legally authorized to perform; and
WHEREAS, on September 13, 1982, the Court of Commissioners of
Lubbock County ordered the closing of the North one-half mile of
County Road 26 extending from its intersection with County Road 62
and the relocation of said County Road 26 by construction of two
miles of County Road 61 from County Road 26 to County Road 28,
which newly constructed County Road 61 will be of the same class
of county road as County Road 26 and constructed in accordance
with Lubbock County standard specifications; and
WHEREAS, the Commissioners Court of Lubbock County has adopted
a resolution authorizing Commissioner Dunn to execute any docu-
ments necessary to effect the agreement with the City of Lubbock
for relocation of County Road 26.
WHEREAS, the County of Lubbock will accept a reimbursement by
the City of Lubbock for the cost of relocating County Road 26 as
being one-half the costs of surveying, right of way acquisition,
and construction of the said two miles of County Road 61 from its
intersection with County Road 26 to County Road 28; and
WHEREAS, the City's share of the estimated cost of the construc-
tion of two miles of County Road 61 for the purpose of connecting
County Road 26 to County Road 28 is less than the estimated cost
of implementing alternative plans for the relocation of County
Road 26; and
WHEREAS, the Federal Aviation Administration has considered
and approved the proposed plan for construction of two miles of
County Road 61 as a method of eliminating the Airport hazard that
now exists because of the location of County Road 26; and
WHEREAS, the City Council of the City of Lubbock finds that
the elimination of said airport hazard is a necessary public
safety measure;
I.
NOW THEREFORE, the City of Lubbock agrees to reimburse the
County of Lubbock for the elimination of an airport hazard that
exists by virtue of the location of a one-half mile stretch of
County Road 26, which is that portion of said County Road be-
ginning at the intersection of County Road 26 and County Road 61
and continuing South for approximately one-half mile along the
western section line of Section 43, Block A, Lubbock County,
Texas.
II.
The City of Lubbock further agrees that such reimbursement
shall be made from current funds and shall be equal to one-half
the cost for surveys, acquisition of right of way and construction
of two miles of County Road 61 connecting County Road 26 to County
Road 28, provided however, that the City of Lubbock is not obligated
under the terms of this agreement to pay to the County of Lubbock
more than $69,000 or one-half of such costs whichever is the
lesser amount, and that any expenditures on the part of the City
in excess of $69,000 must be authorized by further action of the
City Council of the City of Lubbock.
III.
The County of Lubbock agrees that the two miles of County
Road 61 are to be constructed as a relocation of that portion of
County Road 26 that constitutes an airport hazard to operations at
the Lubbock International Airport, that the surveying, right of
- _,R
way acquisition and construction of such road shall be the sole
responsibility of Lubbock County, that such construction shall be
performed according to Lubbock County standard specifications,
and that the road to be constructed shall be of no higher classi-
fication than the class of the county road which must be relocated.
ATTEST:
E elyn Gaffga, City' tary-
Treasurer SIr
APPROVED AS TO CONTENT:
Marion Coffee, vZrector of Aviation
APPROVED AS TO FORM:
CITY OF LUBB
BY: ,
B L McALISTER, MAYOR
w» �� c1i
Jo n Sherwin, Assistant City ttorney
ATTEST: COUNTY OF LUBBOCK
BY:
FRANKLIN DUNN, COMMISSIONER
OF PRECINCT NO. 3
APPROVED AS TO FORM:
Yvonne Faulks, Asst. District Attorney
Approved and consented to by the Federal Aviation Administration