Loading...
Res 1611 1/21/1975RESOLUTION NO. 4;/,/ RESOLUTION APPROVING FIXED SUM AGREEMENT WITH STATE OF TEXAS FOR THE CONSTRUCTION OF CERTAIN IMPROVEMENTS ON DUNCAN AND THIRD STREETS. 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, providing for certain improvements of Duncan and Third Streets from State Highway No. 240 to Reilly Road, is hereby approved, and the City Manager is authorized to execute the same for the City. PASSED AND APPROVED this the 21st day of January, 1975. MAYOR ' ATTEST: J/ 9 7 tom ) 7YLG/12G CITY CLERK C 8019-3-1 M 8019(1) Wichita County STATE OF TEXAS X X COUNTY OF TRAVIS X THIS AGREEMENT, made this day of 1974, 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 Commission. WHEREAS, the City desires the construction of concrete curb and gutter and incidental items within the limits from on Duncan Street and Third Street from State Highway No. 240 to Reilly Road and the State will, among other things, provide for the construction of this work within these limits and the City will contribute a fixed amount of Twelve Thousand Five Hundred Twenty Five and No/100--Dollars-($12=,5=25.00)-0 n payment= for theiv'portifln_of this work, and WHEREAS, the City by the execution of this agreement agrees to the terms and conditions of State Highway Commission Minute No. 69335, as it applies to the City, a copy of which is attached hereto and marked "Exhibit A" and made a part of this agreement. NOW THEREFORE, it is understood that this proposed work will be con- structed 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 Twelve Thousand Five Hundred Twenty Five and No/100 Dollars ($12,525.00). It is further understood that the State will construct only those items •for the 1. City as requested and it is further understood that the contribution of Twelve Thousand Five Hundred Twenty Five and No/100 Dollars ($12,525.00) , by the City shall he a fixed amount for their share of the work. It is further understood that the City by the execution of this agreement agrees to the terms and conditions of State Highway Commission Minute No. 69335, as it applies to the City, a copy of which is attached hereto and marked Exhibit A" and made a part of this agreement. 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 COMMISSION Party of the Second Part By: City Manager Certified as being executed for the purpose and effect of acti- vating and/or carrying out the ATTEST: orders, established policies, or work programs heretofore approved and authorized by the State Highway Commission: City Clerk By: Asst. State Highway Engineer under authority of Commission Minute 67022 Recommended for execution: State) Director, Finance WHEREAS, in WICHITA COUNTY, the City of Wichita Falls has requested assistance in reconstruction of grading, structures and surfacing on Duncan Street and Third Street from State Highway 240 to Reilly Road, a distance of approximately 0.3 mile; and WHEREAS, it is anticipated that this route will be included in the Urban System; and WHEREAS, it is the desire of the Texas Highway Department to assist the City of Wichita Falls in such work; NOW, THEREFORE, the State Highway Engineer is directed to tender the foll ow in g proposalosal to the City of Wichita Falls: Provided the City will : 1 . Provide for the adjustment of utilities, the construction of continuous curb and gutter, storm sewers , driveways and side- walks, all as may be required and all in accordance with gov- erning policies and regulations of the Highway Department. 2. Maintain all of the work constructed as part of the project and agree to regulate traffic, prohibit parking and prevent encroachment on the right of way, all in accordance with gov- erning oo1iri`s and regulations of the Department. Subject to the availability of Federal-aid Urban System funds and the eligibility of the proposed work for financing with said funds, the Texas Highway Department will : 1 . Prepare construction plans and specifications. 2. Provide relocation assistance as may be required and deter- mined to be eligible under the Relocation Assistance Program at an estimated cost of $100.00. 3. Provide for reconstruction ofgrading, structures and surfacing at an estimated cost of $91 ,900.00 as authorized in the Texas Highway Department 1974 Urban System Program. Upon acceptance of the provisions of this Order by the appropri- ate officials of the City of Wichita Falls, the State Highway Engineer is directed to proceed with the Relocation Assistance Program, to enter into agreement with the City covering the details of the proposed improvements, to proceed with the engineering development of the project and after the City has fulfilled its responsibilities, to proceed with construction as authorized herein in the most feasible and economical manner. Minute No. 69335 Continued It is understood that the City may discharge its construction obligations as outlined herein in any manner as they may elect. In the event the City desires the State to include its portion of the work in the State' s construction contract, the State Highway Engineer is hereby authorized to enter into agreement with the City for such work and its cost as may be agreed upon. This Order shall become operative upon acceptance by the City of Wichita Falls and if not accepted within 90 days of the date hereof, the action herein container+ shall be automatically cancelled. Minute No. 69335 October 1, 1974 COPY EXHIBIT A"