Res 1486 12/4/1973RESOLUTION NO. /1/g
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
the construction of the westward extension of Maurine Street
from North Beverly Drive, westward to Loop 11 , is hereby approved,
and the City Manager is authorized to execute the same for the
City.
PASSED AND APPROVED THIS Z DAY OF x,/1973.
F MAYOR
ATTEST:
CTrCL '
Wichita County
T 9023(9)
MUNICIPAL CONSTRUCTION AND MAINTENANCE AGREEMENT
STATE OF TEXAS
COUNTY OF WICHITA
THIS AGREEMENT made this day of 1973,
by and between the State of Texas, hereinafter referred to as the "State",
Party of the First Part, and the City of Wichita Falls, Wichita County, Texas,
acting by and through its duly authorized officers under a resolution passed
the day of 1973, hereinafter called the
City", Party of the Second Part.
WITNESSETH
WHEREAS, the State and the City wish to cooperate as evidenced in Minute
Order 68080 dated October 3, 1973, in the extension of Maurine Street from
North Beverly Drive West to Loop 11 , a distance of approximately 0.2 miles.
The improvements will include the construction of storm sewers, curb and
gutter, the pavement and its support. The proposed work is to be accomplished
under the Federal-Aid Urban Traffic Operation Program to Increase Capacity
and Safety, hereinafter referred to as TOPICS; and,
WHEREAS, the proposed work is eligible for Federal-Aid participation
under TOPICS. The project shall be constructed in accordance with "Exhibit
A", Plans and Specifications, attached hereto and made a part thereof.
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AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants and agreements of the parties hereto to be 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 incorporated limits of such city, unless otherwise
modified by law or agreement, and that the City has requested and consented
to the construction of the project, and 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
on 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 ) Furnish all right of way clear of obstructions and free of cost
to the State.
2) Provide for the adjusting of all utilities as may be required.
3) Provide for the construction of curb and gutter, storm sewers,
driveways, sidewalks , etc. , all as may be required, and agree to
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make such installations in accordance with governing policies and
regulations of the Highway Department.
4) The City will maintain all the work constructed as part of the
project.
5) Regulate traffic, prevent encroachment on the right of way and
prohibit all parking.
6) Adopt and enforce such ordinances and regulations as may be necessary
for proper operation of the complete project.
The State will :
1) Be responsible for the construction of pavement and its support,
which includes grading, structures, base and surface, all in accordance
with the plans and specifications.
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) The City will maintain its existing traffic engineering department -
which is capable of operating, and maintaining the improvements
covered by this agreement in a manner satisfactory to the State.
3) Should an evaluation of the effectiveness of the project in increasing
capacity and safety of streets in the project area, be required under
the program for financing the proposed improvements in the Federal
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Highway Act of 1968 and applicable regulations pertaining to this
Act, the City and State shall cooperate in collecting and analyzing
the necessary data. Each party shall be responsible for its share
of the cost of this evaluation.
4) In the event the terms of this Agreement are in conflict with the
provisions 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.
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a
IN TESTIMONY WHEREOF, the parties hereto have caused these presents
to be executed in triplicate on the day above stated.
ATTEST: CITY OF WICHITA FALLS
By
Clerk 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. 67022
APPROVED AS TO FORM:
By:
Assistant State Highway Engineer
RECOMMENDED FOR APPROVAL:
City Attorney
District Engineer
Chief Engineer of Highway Design
Chief Engineer of Maintenance Operations
Director Finance
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