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$late Department nr Highwmys is:d Public Trunsixtrtation Form 11- 15.129 Agreement to Contribute Funds Rev. 3.116 889 (City Form) THE STATE OF TEXAS X Contract No. - X County Tamar COUNTY OF TRAVIS X Project No. -- CSJ No. 1690 -i - Account No. Rnm -1 -47 This Agreement by and between the State of Texas, acting by and through the State Department of Highways and Public Transportation, hereinafter called the State, an the City of Paris , Texas, acting by and through its duly authorized officials underAkill ate t e 13th day of February , 19 89 , hereinafter called the City, shall be effective on the date of approval and execution by and 'on behalf of the State. WHEREAS, the State had requested the City to enter into a contractual agreement and acquire right of way on the following project: Highway Loop 286 Limits Located at the Missouri - Pacific Rail- road Overpass Southwest of Paris : and WHEREAS, the City has now requested that the State assume responsibility for acquisition of all necessary right of way; and WHEREAS, the City desires to voluntarily contribute to the State funds, equal to ten percent (10 %) of the cost of the right of way, for the proper development and construction of the State Highway System; NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be derived therefrom, the City shall contribute to the State an amount equal to ten percent (10 %) of the cost of the right of way to be acquired by the State and shall transmit to the State with the return of this agreement, executed by the City, a warrant or check payable to the State Department of Highways and Public Transportation in the amount of one thousand one hundred Dollars ($ 1,100.00 ),*which represents 1007o of the estimated cost of the right of way; however, if it is found that this amount is insufficient to pay the City's obligation, then the City, upon request of the State, will forthwith supplement this amount in such amount as requested by the State. Upon completion of the project and in the event the amount as paid is more than 10% of the cost of the right of way, then any excess amount will be returned to the City. Cost of the right of way acquired by the State shall mean the total value of compensation to owners for their property interests either by negotiation or eminent domain. This agreement is approved and executed by and on behalf of the State on the date shown hereinafter. CITY OF ]!ARTS , TEXAS EXECUTION RECOMMENDED: By Eric S. Cli ATTEST: 1 Mattie Cunningham City Clerk APPROVED AS TO FORM: District Engineer Bobby L. Myers 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 programs heretofore approved and authorized by the State Highway and Public Transportation Commission. BY: Right of Way Engineer \ \\ \\ Date aynes, ity orney EXHIBIT A Resolution No. 88 -017 whereas the City Council of the City of Paris did heretofore in Ordinance No. 88 -055 annex certain property to the City of Paris, and in said annexation the City of Paris did totally surround but not annex approximately 1208 acres owned by Campbell Soup (Texas), Inc., upon which exists a waste disposal system, which is licensed by the State of Texas, whereas, it is deemed to be inappropriate to bring within the City of Paris such separately - licensed sewer facility within the attendant possibility that the City of Paris would be responsible for this separately licensed sewer treatment facility; and resolving that the findings heretofore made in conjunction with the passage of annexation Ordinance 88 -055, on the 19th day of December 1988, be documented by inclusion of the same in the minutes of the City Council of the City of Paris was presented. A motion was made by Councilman Kent, seconded by Councilman Booth for approval of the Resolution. The motion carried 7 ayes, 0 nays.