Res 1605 1/7/1975RESOLUTION NO. /1 0
RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE
AN AGREEMENT BETWEEN THE STATE OF TEXAS AND THE
CITY OF WICHITA FALLS PROVIDING FOR CERTAIN
IMPROVEMENTS ON THIRD STREET AND DUNCAN STREET.
NOW, THEREFORE, 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,
between the State of Texas , acting through the Texas Highway Department
and the City of Wichita Falls, Texas , providing for pavement of Third
Street and Duncan Street from State Highway 240 to Reilly Street is hereby
approved, and the City Manager is authorized to execute the same for
the City.
PASSED AND APPROVED THIS /-Ct-c..i DAY OF ,r , 1971
X7C-6tetz e-te„v
MAY
ATTEST:
City Clerk
Wichita County
MUNICIPAL CONSTRUCTION AND MAINTENANCE AGREEMENT
STATE OF TEXAS
COUNTY OF WICHITA
THIS AGREEMENT made this day of 1974
by and between the State of Texas , hereinafter referred to as the "State",
Party of the First Part, and the City of Wichita Falls , Texas, acting by and
through its duly authorized officers under a resolution passed the
day of 1974, hereinafter called the "City", Party of the Second
Part.
WITNESSETH
WHEREAS, the State and City wish to cooperate as evidenced in Minute
Order 69335 dated October 1 , 1974, in constructing pavement and curbs and
gutters on Third Street and Duncan Street from State Highway 240 to Reilly
Street. The proposed work is to be accomplished as an urban project, being
part of the Federal-Aid Urban System as set forth in the 1973 Federal-Aid Highway
Act.
WHEREAS, the proposed work is eligible for Federal-Aid participation
under the Federal-Aid Urban Program. The project shall be constructed in
accordance with "Exhibit A" , Plans and Specifications , attached hereto and
made a part hereof.
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AGREEMENT
NOW, THEREFORE, in consideration of the promises and mutual covenants
and agreements of the parties hereto to be made by them respectively kept and
performed, as hereinafter set forth, it is agreed as follows :
PROJECT AUTHORIZATION. It is understood and agreed between the parties
hereto that the City, by virtue of the provisions of its charter and the laws
of the State of Texas , has primary responsibility for control over all streets
and public ways within the corporate limits of such city, unless otherwise
modified by law or agreement; and that the City has requested and consented to
the construction of this project; and that the State in construction of such
project does so at the special instance and request of the City. The City, in
consideration of the mutual covenants herein contained, does hereby agree to
and does hereby authorize the State to construct the roadway in the agreed upon
manner shown on the construction plans. It is mutually agreed that as the project
is developed to the construction stage, both parties shall have approved .plans
by signature approval thereon.
CONSTRUCTION RESPONSIBILITIES.
The City will :
1 ) Provide all right-of-way clear of obstructions.
2) Provide for the adjusting of all utilities as may be required.
3) Prepare construction plans and specifications which shall be approved_ •
by the State.
4) Provide for the construction of curbs and gutters , storm sewers, drive-
ways, sidewalks , etc. , where none now exist, all as may be required, and agree
to make such installations in accordance with governing policies and regulations
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of the Texas Highway Department.
5) Maintain all work constructed as part of the project.
6) Regulate traffic, prevent encroachment on the right-of-way and. prohi.b t
parking in the project area.
7) Adopt and enforce such ordinances as may be necessary for proper operation
of the completed project.
The State will :
1 ) Be responsible for the roadway improvements which include grading, base
and pavement.
SPECIAL CONDITIONS.
1 ) After completion of the project, the City shall be responsible for
signing, striping, maintenance of the pavement, its support and all other features
necessary now or in the future to provide an adequate travel facility.
2) In the event the terms of this agreement are in conflict with the pro-
visions of any other existing Agreement and/or Contracts between the City and
the State, this Agreement shall take precedence over the existing Agreements and/or
Contracts.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be
executed in triplicate on the day above stated.
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ATTEST: CITY OF WICHITA FALLS
By
City Manager
THE STATE OF TEXAS
Certified as being executed for the
purpose and effect of activating
and/or carrying out the orders,
established policies, or work pro-
grams heretofore approved and author-
ized by the State Highway Commission
under Minute Order No. 69335
APPROVED AS TO FORM:
By
Assistant State Highway Engineer
City Attorney
RECOMMENDED FOR APPROVAL:
District Engineer
Chief Engineer of Highway Design
Chief Engineer of Maintenance Operations
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