Res 1513 3/5/1974RESOLUTION NO. / 'j
RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE
AN AGREEMENT BETWEEN THE STATE OF TEXAS AND THE
CITY OF WICHITA FALLS PROVIDING FOR CERTAIN
IMPROVEMENTS ON BROOK AVENUE AND CALL FIELD ROAD.
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 widening
and resurfacing on Brook Avenue from Kell Boulevard to Huff Street and
Midwestern Parkway from Fairway Boulevard to McNeil Avenue, is hereby
approved, and the City Manager is authorized to execute the same for
the City.
PASSED AND APPROVED THIS 5TH DAY OF MARCH, 1974.
AA" I /...1m. d,
MAYOR
ATTEST:
irt ,
City Clerk
Wichita County
T 9023(6) &
M 7058(1 )
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 67109 dated January 13, 1973, and Minute Order 66992 dated December 11 ,
1972, in pavement widening of Brook Avenue from Kell Boulevard to Huff Street
and on Midwestern Parkway from Fairway Boulevard to McNeil Avenue. The
improvements will include widening of the pavement and resurfacing. The
proposed work on Brook Avenue is to be accomplished under the Federal-Aid
Urban Traffic Operation Program to Increase Capacity and Safety, hereinafter
referred to as TOPICS. The proposed work on Midwestern Parkway is to be
accomplished as an urban project being part of the Federal-Aid Urban System
as set forth in the 1970 Federal-Aid Highway Act.
WHEREAS, the proposed work is eligible for Federal-Aid participation
under both programs. The projects shall be constructed in accordance with
Exhibit A", Plans and Specification, attached hereto and made a part thereof.
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AGREEMENT
NOW, THEREFORE, in consideration of the promises and 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 character 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 ) 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 curb and gutter, storm sewers , drive-
ways , sidewalks , etc. , where none now exists , all as may be required,
and agree to make such installations in accordance with governing
policies and regulations of the Highway Department.
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5) The City will maintain all the work constructed as part of the project.
6) Regulate traffic, prevent encroachment on the right of way and prohibit
all parking in the project area except parallel parking sufficiently
recessed beyond the normal curb line to allow four (4) moving lanes
of traffic.
7) 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 roadway improvements which includes widening
of the pavement and resurfacing the roadway, 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-Aid 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.
r n
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.
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
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
City Attorney
RECOMMENDED FOR APPROVAL:
District Engineer
Chief Engineer of Highway Design
Chief Engineer of Maintenance Operations
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