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HomeMy WebLinkAboutResolution - 022676D - Agreement - TDHPT - Broadway & Quirt Ave Improvement, SHSI Program - 02_26_1976_w t. ( KJ/nh "r e f RESOLUTION E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby uthorized and directed to execute for and on behalf of the CITY OF LUBBOC n AGREEMENT between the CITY OF LUBBOCK and the STATE DEPART- IENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, attached herewith Thich shall be spread upon the Minutes of the COUNCIL and as spread upon ;ie Minutes of this COUNCIL shall constitute and be a part of this Resolution s if fully copied herein in detail. assed by the City Council this26th day of February 1976 "/IU ?�Iss ROY BASS, MAYOR TTEST: Treva Phillips, City ecretary-Treasurer APPROVED AS TO FORM: red O. Senter, Jr., CAty/Attorney r � a SRS OOOS(49) Lubbock County STATE OF TEXAS COUNTY OF TRAVIS X THIS AGREEMENT, by and between.the City of Lubbock, hereinafter i called the "City", Party of the First Part, acting by and through its duly authorized officers and the State of Texas, acting by and through the State Department of Highways and Public Transportation, hereinafter called the "State", Party of the Second Part, made to become effective when fully executed by both parties: W I T N E S S E T H WHEREAS, Section 230 of the Federal -Aid Highway Act of 1973 provides for a demonstration program to correct safety hazards on all public roads or, segments thereof not on a Federal -aid System; and WHEREAS, the State highway and Public Transportation Commission recognizes the need for said program and desires to cooperate with the local government and to promote the program insofar as available State funds will! -permit and within legal limitations imposed by State Statutes; and WHEREAS, the State Highway and Public Transportation Commission has established Departmental policy for said program and requires that for projects not a part of the State Highway System or the Federal -aid System, funds required to match available Federal aid will usually be provided from sources other than the State and such funds will be in'the amount of 10Z of the total estimated cost of the project including°engineering and 1. . e yrq'}w' °°�'." t # �r ..B`i�, eta ..,rr, y"•¢k;T y'7,a ''F„ ,t ,y::, t ., i � , r .�1 -r - • d ,, u �' � ° .a ,:.'�' #'{,�?1 •e a' i�Er ? contingencies and must be placed in escrow prior to commencement of project S development; and WHEREAS, the City desires certain work as approved in the Statevide Highway Safety Improvement Program (Federal -Section 230) located at the Intersection of Broadway and Quirt Avenue in the City of Lubbock. A G R E E M E N T NOW THEREFORE, it is agreed that the State will provide for said work,•' and the City will transmit to the State with the return of this agreement, executed by the City, a warrantor check made payable to the State Treasurer,. Account of Trust Fund No. 927 in the amount of One Thousand Five Hundred and No/100 Dollars ($1,500.00), which is 10% of the total estimated cost of the project including preliminary engineering, construction, construction engineering and contingencies. If, during project development or construction or.upon completion of the project, it is determined that this amount is not sufficient to fulfill the City's responsibility, the City will, upon request of the State, supplement this amount by an amount equal to the City's full estimated cost less the amount previously paid. In the event the amount paid by the City is more than the City's responsibility, the excess amount will be returned to the City. In the event the City desires to abandon the project prior to letting a contract for construction, the City's responsibility for charges incurred for preliminary engineering will be deducted from the amount held in escrow and the remainder will be returned to the City. IT IS FURTHER agreed that the City will operate and maintain all of the work constructed as part of the project in a manner suitable to the State. 2. IN TESTIMONY WHEREOF, the parties hereto have caused those presents to be a mcuted in duplicate on the dates shown hereinbelow. Executed on behalf of the City this -*,'rays fr-----, 1976,,'i CITY/OF LUBBOCK STATE OF TEXAS Party of the First Part STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION Party of the Second Part Mayor,, , ROY' BASS •�--■-- Certified as being executed for the BY purpose and effect of activating and/ Member of City ouncil or carrying out the orders, establishe ii policies, or work programs heretofore By:CC�cI approved and authorized by the State M r ity nil Highway and Public Transportation Commission: By: ' ber of Chy Counci Executed on behalf of the State this By: day of , 1976. Member f City Coulacil By: Asst. Engineer -Director under authority of Commission Minute Approved as to torm: Order 70104 ;: Fred 0. Senter, Jr., City At ey Recommended for execution: (State) Director, Finance 3.