Res 1987 8/2/1977RESOLUTION NO. /9/7
A RESOLUTION APPROVING THE MODIFICATION OF
AGREEMENTS WITH THE STATE OF TEXAS, ACTING
BY AND THROUGH THE STATE DEPARTMENT OF HIGH-
WAYS AND PUBLIC TRANSPORTATION CHANGING THE
LIMITATION ON REIMBURSEMENT FROM THE STATE
TO THE CITY FOR RIGHT-OF-WAY ACQUIRED FROM
50 PER CENT TO 90 PER CENT AND AUTHORIZING
THE MAYOR TO EXECUTE THE AGREEMENTS AS SO
MODIFIED.
WHEREAS, on January 11, 1968, the Board of Aldermen
of the City of Wichita Falls, passed and approved Resolution
Nos. 756, 757 and 758 which approved certain contractual
agreements for procurement of right-of-way for highway improve-
ments on Loop 11 from the Big Wichita River, north to U. S.
Highway 287, on U. S. 82 and 277 from present U. S. Highway
82 at F. M. Highway 369 to present U. S. Highway 287 at
Sibley Street, and on Spur 447 from U. S. 287 at Sibley
Street, northeast to State Highway 240 at Edison Street,
all located in the City of Wichita Falls, Texas, respectively;
and,
WHEREAS, these three agreements between the City of
Wichita Falls and the State of Texas were subsequently executed
and dated January 31, 1968; and,
WHEREAS, these agreements provided that the State would
reimburse the City for right-of-way acquired after the date
of the contracts in an amount not to exceed 50 per cent
of the cost of the right-of-way acquired in accordance with
the terms and provisions of the agreements; and,
WHEREAS, House Bill 971, passed by the 65th Legislature,
effective September 1, 1977 , requires that the State of
Texas participate in at least 90 per cent of the City' s
eligible right-of-way costs; and,
WHEREAS, the State Highway and Public Transportation
Commission on July 1, 1977, passed Minute Order No. 72989, which
ordered that, effective August 1, 1977, the State Department
of Highways and Public Transportation will reimburse City
governments to the extent of 90 per cent of the value
as determined by the State or the net cost thereof, whichever
is the lesser amount, on rights-of-way authorized and requested
by the State Department of Highways and Public Transportation
and also authorized the modification of all Contractual Agree-
ments with City governments presently in effect to provide for
90 per cent participation by the State Department of Highways
and Public Transportation after August 1, 1977 , such participa-
tion to be effective on the date of the acceptance of the modi-
fication by the State Department of Highways and Public Trans-
portation; and,
WHEREAS, the City of Wichita Falls desires to modify the
three existing Contractual Agreements between the City and
the State described above to provide for such 90 per cent
participation by the State Department of Highways and Public
Transportation.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
The modification of those certain Contractual Agreements
for right-of-way procurement, between the State of Texas, acting
by and through the State Department of Highways and Public
Transportation, and the City of Wichita Falls, Texas, for highway
improvements on Loop 11 from the Big Wichita River, north to
U. S. Highway 287 , on U. S. 82 and 277 from present U. S. High-
way 82 at F. M. Highway 369 to present U. S. Highway 287 at
Sibley Street, and on Spur 447 in Wichita Falls from U. S. 287
at Sibley Street, northeast to State Highway 240 at Edison
Street, respectively, to provide for 90 per cent reimbursement
by the State, is hereby approved, and the Mayor is hereby
authorized to execute modifications to those Contractual
Agreements for the City of Wichita Falls.
PASSED AND APPROVED this thew , /_ .ay of August, 1977.
ATTEST: tea,, ! I ,.l
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City Clerk
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COMMISSION STATE DEPARTMENT OF HIGHWAYS ENGINEER-DIRECTOR
REAGAN HOUSTON. CHAIRMAN AND PUBLIC TRANSPORTATION B. L. DEBERRY
DEWITT C. GREER Wichita Falls, Texas 76307CHARLESE. SIMONS
September 13, 1977
Modification of Contractual Agreement
for Right of Way Procurement IN REPLY REFER TO
FILE NO
Wichita County
City of Wichita Falls
RW 8003-1-21
Spur 447: In Wichita Falls from US 287 at Sibley Street,
Northeast
To SH 240 at Edison Street
Wichita County
City of Wichita Falls
RW 8003-1-22
U.S. 82-277: From Present US 82 at FM 369
To Present US 287 at Sibley Street in Wichita Falls
Mr. Gerald Fox
City Manager
City of Wichita Falls
P. 0. Box 1431
Wichita Falls, Texas 76307
Dear Mr. Fox:
Enclosed please find the modified Contractual Agreement for Right of
Way Procurement for the above listed projects.
Please have Mayor J. C. Boyd sign all three (3) copies of this agree-
ment and return it to our office.
We also enclose a copy of a letter from our Austin Office concerning
the modification of Contractual Agreements for your information.
Sincerely yours,
Robert H. Schleider, Jr.
District Engineer
By:
Michael D. Brannon
Administrative Engineer
JW:mp
Encls.
MODIFICATION OF
CONTRACTUAL AGREEMENT
FOR
RIGHT OF WAY PROCUREMENT
CITY FORM)
STATE .OF TEXAS
I
COUNTY OF TRAVIS I '
This supplemental contractual agreement by and betwen the State of Texas, acting
by and through the State Department of Highways and Public Transportation, hereinafter
called the State, and City of Wichita Falls , Texas, acting by and through its duly
authorized official under Ordinance dated the 11th _ day of January jA h,
19 68, 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 City entered into contractual agreements for procurement
of right of way on the following projects on the dates indicated:
Highway Project No. Limits Date of
In Wichita Falls from US 287 Agreement
at Sibley Street, Northeast
Spur 447 8003-1-21 to SH 240 at Edison Street 1/31/68
Present US 82 at FM 369
US 82-277 8003-1-22
Streets
in Wichita Falls.
ey
1/31/68
and,
WHEREAS, it is mutually desired by the City and the State to modify said original
contracts and any supplemental contracts implementing the terms and provisions of
the original contracts insofar as they pertain to State Reimbursement in accordance
with Commission Minute No. 72989 dated July 1 , 1977 and,
WHEREAS, it is mutually agreed and understood between the State and the City that
no other changes to said original and supplemental contracts are intended in
addition to those hereinafter set forth.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits
to be derived therefrom and for the purpose of implementing Commission Minute
No. 72989 dated July 1 , 1977 the said original
Right of Way Procurement Contracts between the State and the City as above described
and all supplemental contracts implementing the terms and provisions of the original
contracts are amended as follows:
Wherever it is provided that the percentage of reimbursement to the City shall
be "50 percent" same shall become and be established as "90 percent." This
percentage increase is applicable only to payments and transactions handled by
the City after the effective date of this modification of contractual agreement.
Except as hereinabove provided, all the terms and conditions set forth in the
original and supplemental contracts shall remain in full force and effect.
1
This supplemental contractual -agreement is approved and executed on behalf of theStatethisdayof19 •
CITY OF Wichita Falls TEXAS THE STATE OF TEXAS
Certified as being executed for the0purposeandeffectofactivating
and/or carrying`y Y g out the orders, es-
Mayor tablished policies, or work programs
heretofore approved and authorized
by the State Highway and Public
ATTEST:Transportation Commission:
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2i' V.ii-mettd-
By:
State Engineer Director for Highways
and Public Transportation
Executed and approved for State Highway
and Public Transportation Commission
under authority of Commission Minute
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Cily AlAcTily RECOMMENDED FOR APPROVAL
District Engineer
Program Engineer
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Chief Engineer of Highway Design
Right of Way Engineer