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Res 154-82 9/14/1982RESOLUTION NO. 4 2.J RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ASSOCIATED WITH THE BURNETT STREET BRIDGE PROJECT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT : That certain agreement, a copy of which is attached hereto, with the Texas Department of Highways and Public Transportation, concerning the installation of a water line and incidental items on the new Burnett Street Bridge , is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the 14th day of September, 1982. 40"/ ice ter A Y O R ATTEST tfiZift,)-e City Clerk BRO 3(2) X C 903-3-5 Wichita County STATE OF TEXAS i( COUNTY OF TRAVIS Y THIS AGREEMENT, made this J7 day f 1982, by and between the City of Wichita Falls, Texas, hereinafter called the "City", Party of the First Part, acting by and through its City Manager and the State of Texas, hereinafter called the ''State", Party of the Second Part, acting by and through its State Highway and Public Transportation Commission. WHEREAS, the City desires the installation of a water line and incidental items. o n Burnett Street as outlined in Field Change Request No. 3. The estimated construction cos of this .additional work amounts to Ten Thousand and No/100 Dollars 010,000.00) , including contingencies and construction engineering. NOW THEREFORE, it is understood that this proposed work as outlined in Field Change Request No. 3 will be constructed by the State and the City will transmit to the State with the return of this agreement, executed by the City, a warrant or check made payable to the State Treasurer, Account of Trust Fund No . 927 in the amount of Ten Thousand and No/100 Dollars 10,000.00) , to he used in paying for the proposed additional work required by the City. It is further understood that the State will construct only the additional work for the City as requested and required by the City and the cost of such additional work will he borne by the City. En the event 1 . upon completion or this work it is round that the amount previously collected is insufficient to pa y the City 's portion, then the City upon request of the State will forthwith supplement this amount by an amount equal to the City's actual share of the cost of this additional work less the amount previously paid into Trust Fund No. 927 . In the event the amount as paid is more than the actual cost of the City's share, as herein established, then the excess amount will be returned to the City. It is further understood that the work to be done on behalf of the City, as herein provided, will include the cost of contingencies and construction engineering. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. CITY OF WICHITA FALLS STATE OF TEXAS Party of the First Part STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION Party of the Second Part By anager 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 authorized ATTEST: by the State Highway and Public Transportation Commission: By : Asst . Engineer-Director under authority City Clerk of Commission Minute 78501 Recommended for execution: State) Director, Finance