Res 123-2017 9/12/2017Resolution No. _123-2017__
Resolution authorizing the City of Wichita Falls to assume access
related risk associated with the construction of a section of shared
use pathway located along the railroad easement running from
Seymour Highway to Barnett Road using Transportation Alternatives
Set-Aside Program funds provided through the Texas Department of
Transportation
WHEREAS, that the City of Wichita Falls, as Project Sponsor, is an eligible entity
as described by 23 U. S. C. §133, that nominates a particular project for consideration,
exercises jurisdiction over the geographic area in which that project is located, and
commits to the project’s development, implementation, construction, maintenance,
management, and financing; and,
WHEREAS, the City of Wichita Falls, as Project Sponsor, supports funding these
projects as described in the 2017 Transportation Alternatives Set-Aside Nomination Form
(including the construction budget, the department’s 15% administrative costs, and the
required local match) and is willing to commit to the project’s development,
implementation, construction, maintenance, management, and financing. The project
sponsor is willing and able to enter into an agreement with the Texas Department of
Transportation by resolution or ordi nance should the project receive Transportation
Alternative Set-Aside Program funding; and,
WHEREAS, the City of Wichita Falls is a public body organized and established in
accordance with Chapter 458 of the Texas Transportation Code, enacted by the
Legislature of the State of Texas; and,
WHEREAS, the City of Wichita Falls is specifically authorized by Chapter 456 of
the Texas Transportation Code of the law of the State of Texas to accept and dispense
federal financial assistance; and, and,
WHEREAS, the City of Wichita Falls desires to use grant funds through the 2017
Transportation Alternatives Set-Aside Program for the construction of shared use
pathways along a railroad easement owned by Burlington Northern Santa Fe Railroad
located between Seymour Highway to Barnett Road; and,
WHEREAS, the City of Wichita Falls has a license to access the Burlington
Northern Santa Fe easement located between Seymour Highway and Barnett Road to
build a shared use pathway for non -motorized transportation; and,
WHEREAS, the City of Wichita Falls acknowledges the potential risk for
termination of the license to access the railroad right-of-way located between Seymour
Highway to Barnett Road by the railroad; and,
WHEREAS, the City of Wichita Falls acknowledges its responsibility for replacing
the non-motorized connectivity of this shared use path or reimbursing Texas Department
of Transportation and Federal Highway Administration for state and federal funds
expended on the railroad easement portion of the proje ct in the event that the license to
access is terminated.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The Wichita Falls City Council acknowledges its responsibility in the event that the
railroad terminates its license to access agreement with the City of Wichita Falls for the
section of proposed shared use pathway identified as project nomination 101 Wichita
Falls SUP – Barnett Road to Seymour Highway. In the event of that termination and
regulation established under 43 TAC 11.417 of TxDOT’s rules for the Transportation
Alternatives Set Aside program, the City of Wichita Falls agrees as follows :
1. Replace the lost non-motorized connectivity, at its own cost; or,
2. Reimburse Texas Department of Transportation and Federal Highway
Administration for state and federal funds expended on that portion in the event
that the lost connectivity is not replaced.
PASSED AND APPROVED this the 12th day of September, 2017.
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M A Y O R
ATTEST:
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City Clerk