Res 1197 6/1/1971RESOLUTION NO. //,97
WHEREAS, heretofore the Board of Aldermen of the City of
Wichita Falls adopted Resolution No. 1189 accepting the provisions of
State Highway Commission Minute No. 64878 concerning the construction
of certain improvements on Loop 473 from Thirtieth Street to Christine
Street; and,
WHEREAS, City is obligated to construct curb and gutter
and storm sewer work, and City desires that the State construct such
work, for which City will pay State the sum of $11, 600.00.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
That certain agreement between the City of Wichita Falls
and the State of Texas, acting through the State Highway Commission,
a copy of which agreement is attached hereto, whereby the State
agrees to construct such work for the City for the sum of $11, 600.00,
is hereby approved, and the City Manager is authorized to execute the
same for the City.
PASSED AND APPROVED THIS the 1st day of June, 1971.
M A Y O R
ATTEST:
City Clerk
C 249-11-1
Wichita County
STATE OF TEXAS
COUNTY OF TRAVIS
THIS AGREEMENT, made this day of 1971,
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 curb and gutter and
storm sewer work including incidental items within the limits from 30th
Street to Christine Street in Wichita Falls on Loop 473 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 Eleven Thousand Six
Hundred and No/100 Dollars ($11,600.00), in payment for their portion of
this work, and
WHEREAS, the City b Y,t,he executionon of this agreement ag r ee s t o the
terms and conditions of State Highway Commission Minute No. 64878, as it
applies to the City, a copy of which is attached hereto and marked "Ex-
hibit 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 re-
turn of this agreement, executed by the City, a warrant made payable to the
State Treasurer, Account of Trust Fund No. 927 in the amount of Eleven
Thousand Six Hundred and No/100 Dollars ($11,600.00) . It is further under-
stood that the State will construct only those items for the City asre-
1.
quested and it is further understood that the contribution of Eleven
Thousand Six Hundred and No/100 Dollars ($11,600.00) , by the City shall
be 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. 64878, 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 ager Certified as being executed for
the purpose and effect of acti-
ATTEST: vating and/or carrying out the
orders, established policies, or
work programs heretofore approved
and authorized by the State
J Highway Commission:
City weer Ty
r.4_,2 BY:
dr, Asst. State Highway Engineer
under authority of Commission
Minute 60394
Recommended for execution:
Director, Finance
2.
WHEREAS, in WICHITA COUNTY on LOOP 473, the City of
Wichita Falls has requested assistance in the widening of pavement
including incidental items thereto from 30th Street South to Christine
Road, a distance of approximately 0.7 mile; and
WHEREAS, the City of Wichita Falls has tendered financial
assistance in such work and to furnish all required right of way; and
WHEREAS, an analysis of the requested work indicates that such
widening will materially add to traffic safety on this facility;
NOW, THEREFORE, the State Highway Engineer is directed to
tender the following proposal to the City of Wichita Falls:
Provided the City will:
1. Furnish all necessary right of way clear of obstructions and
free of cost and provide for the immediate construction of
continuous curb and gutter, utility adjustments, storm sewers,
etc., all as may be necessary for a complete project with the
exception of pavement and its support.
2. Assume responsibility for the construction of driveways and
sidewalks should they be deemed necessary now or in the
future and agree to make such installations in accordance
with governing policies and regulations of the Department.
3. Maintain that portion of the work which is its responsibility
in accordance with present maintenance agreement and agree
to regulate traffic, provide for parallel parking and prevent
encroachment on the right of way, all in accordance with
governing policies and regulations of the Department.
The Texas Highway Department will:
1. Provide for widening pavement and its support within these
limits.
2. Maintain that portion of the work which is its responsibility
in accordance with present maintenance agreement.
It is understood that the responsibility of the Texas Highway De-
partment is confined to the pavement and its support, and all other features
necessary now or in the future to provide an adequate travel facility shall
be the responsibility of the City of Wichita Falls.
Upon acceptance of the provisions of this Order by the appropriate
officials of the City of Wichita Falls, the State Highway Engineer is di-
rected to proceed with the development of plans for construction and after
the City has fulfilled its responsibilities, proceed with construction in
Minute No. 64878 - Continued
the most feasible and economical manner, financing the work as part of
the project presently authorized in the 1969 State Highway Safety and
Betterment Program.
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 their 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 contained shall be automatically cancelled.
Minute No. 64878
April 29, 1971
COPY EXHIBIT A"
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