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1995-084-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 12TH DAY OF JUNE 1995 RESOLUTION NO. 95-084 WHEREAS, the City Council of the City of Paris did heretofore, on the 12th day of June, 1995, pass Resolution No. 95-051 with Exhibit A attached thereto; and, WHEREAS, the City Council of the City of Paris did heretofore, on the 10th day of July, 1995, pass Resolution No. 95-072, which corrected paragraph 14.A. of Exhibit A to Resolution No. 95-051; and, WHEREAS, due to the fact that the State of Texas contract form was incorrect and the State desires that it be corrected, Exhibit A to Resolution No. 95-051 requires further correction, and Exhibit C to Exhibit A of Resolution No. 95-051 requires replacement in form of Exhibit A, attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the final "WHEREAS" paragraph on page 2, and paragraphs 7 and the first sentence of paragraph 8, both of which are on page 5, of Exhibit A to Resolution No. 95-051, be and same are hereby, corrected to read as follows: " WHEREAS, on the 30th day of November, 1994, the Commission passed Minute Order 104682, attached hereto as "Exhibit C," authorizing the Project through the State Transportation Improvement Program; " "7. COURT COSTS. COSTS OF SPECIAL COMMISSIONERS' HEARINGS "Court costs of Special Commissioners' hearings assessed against the City in condemnation proceedings and fees incident thereto will be paid by the City. Such costs and fees incurred after written authorization by the State to proceed with condemnation will be eligible for reimbursement at an amount not to exceed eighty percent (80 %) of the actual cost under the established reimbursement procedure provided such costs and fees are eligible for payment. "8. REIMBURSEMENT "Reimbursement will be made to the City for right-of-way purchased in an amount not to exceed eighty percent (80 %) of the cost of right-of-way purchased in accordance with the terms and provisions of this agreement. . . ." BE IT FURTHER RESOLVED, that Exhibit C to Exhibit A of Resolution No. 95-051 be, and the same is hereby, replaced in the form of Exhibit A, attached hereto. PASSED AND ADOPTED this 14th day of August, I ATTEST: , EXHIBIT "e" EXHI5.lI A TEXAS TRANSPORTATION COlhJVIISSION V ~RIOUS District VARIOUS County MINUTE ORDER Page -L of -1- Pages WHEREAS, Title 23, United States Code, Section l33(d)(2), and Section 160(e)(2), and Section 1015(d)(2) of the Intermodal Surface Transportation Efficiency Act of 1991 (lSTEA) require that ten percent of certain funds apportioned to a state pursuant to Title 23, United States Code, Section lO4{b)(3) be used for transportation enhancement activities; and WHEREAS, the Texas Transportation Commission (the commission) by Minute Order 104227, dated August 25, 1994, established Category 4B, Texas Statewide Transportation Enhancement Program, of the Project Development Plan to be developed, mo_nitored, and approved by the commission; and WHEREAS, pursuant to Title 43, Texas Administrative Code (T AC), Section 11.203. a 90 day call for nominations of candidate projects was published in the Texas Register May 17, 1994; and WHEREAS, nominations were received by the Texas Department of Transportation (the department) and were evaluated for eligibility and technical standards pursuant to Title 43, Texas Administrative Code, Section 11.200 - 11.205;' and WHEREAS, pursuant to Title 43, Texas Administrative Code, Section 11.204, department staff recommends to the commission a program of candidate projects shown in Exhibit A, each project being recommended for selection based on: (A) the list of all eligible candidate projects and scores provided by the Transportation Enhancement Project Evaluation Committee (TEPEC), together with any comments or recommendations included in TEPEe's resolution; (B) other issues relevant to consideration of any candidate project for funding, including: (i) policy matters; (ii) consistency of the candidate project with the statewide long-range transportation plans; (iii) the candidate project's benefit-cost ratio, calculated by dividing the project score by the project's estimated cost; (iv) the priority ranking assigned the candidate project by the nominating entity; (v) evidence of public support for the candidate project; (vi) evidence of the commitment of project sponsors to provide more than the minimum required non-federal share of allowable project costs and their ability to do so; TEXAS TRANSPORTATION COMMISSION VARIOUS County MINUTE ORDER Page -L of ..l.. Pages District VARIOUS (vii) an evaluation of proposed projects indicating the extent to which each project will meet accepted standards as established by applicable law and by accepted professional practice; and (viii) the views, comments, and certifications, if any, of a Metropolitan Planning Organization or a governing body of a city or county; (C) the potential benefit to the state of the candidate project; and.. (D) the impact of the candidate project on the economies of each county and/or municipalities in which the project is to be located. NOW, THEREFORE, IT IS ORDERED that, based upon the rationale for selection of each project as shown in Exhibit B, the Executive Director is hereby authorized to proceed in the most feasible and economical manner with any necessary agreements required for the development and construction of the projects shown in Exl)ibit A, with programming in Category 4B of the 1994 Project Development Plan at the estimated amounts shown on Exhibit A; and IT IS, HOWEVER, UNDERSTOOD THAT I. Only the items and their associated cost determined eligible for the Transportation Enhancement Program funds as identified by the Intermodal Surface Transportation Efficiency Act of 1991 and Title 43, Texas Administrative Code, Sections 11.200 - 12.205, and verified by project development will be eligible for the Transportation Enhancement Program. 2. Prior to authorizing any funds or the performance of any work for projects selected that all appropriate local agreements identifying responsibilities and escrow amounts must be executed between the department and the appropriate local entity. 3. The department will administer the development, contracting, construction, and management of projects approved by this action in accordance with applicable contracting statutes and Title 43, Texas Administrative Code, Section 11.205. Approved projects will be developed to encourage public input and involvement consistent with the department's established public involvement procedure. 4. All administration, development, engineering and contingencies. design, and construction costs incurred by the department will be charged to each respective project. TEXAS TRANSPORTATION COMMISSION VARIOUS County MINUTE ORDER Page ....l..... of....l..... Pages District VARIOUS 5. For each project shown in Exhibit A and verified as eligible by project development that the federal funds in Exhibit A must be matched by a minimum of 20 % by local dollars. Any expense incurred over and above the federal funds shown in Exhibit A for administration, development, engineering and contingencies, design, and construction must be paid by the project sponsor. 6. Prior to authorizing any funds or the performance of-any work for the projects selected by the commission the project must be added to the Transportation Improvement Plan by the respective Metropolitan Planning Office and added to the State Transportation Improvement Plan by the department. 7. If the project sponsor or nominator withdraws support for an approved project the federal funds committed by the wmmission for that project will revert back to subsequent enhancement program calls. 8. Acquisition by the department of any land or interest in land, or of property or property rights of any kind or character required for development of a project shall be subject to the authority and limitations of Articles 6674w-3 and 4477-9a, V.T.C.S. consL~tent with the department's prescribed acquisition policies and procedures. Submitted by: Reviewed by: Director, Environmental Affairs Division Depuly Executive Director for Transportation Planning and Development Recommended by: Executive Director M inule Numher 104682 Dale Pas!;ed KOY 30 94 // , sTATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM Second Call ENV Control CSJ PROJECT NAME Federal Funds Number Authorized .IP~ ..... -.- "~_1 w.:;:;..:::........ .>.,,~., ..........>:0> d.. ID.. continued from Lubbock District: dlrtria subtotal $62,920 LUFKIN DISl'RICf LF.AG.0371 0911-38-911 Azalea TraillLuflcin $333,~110 LF.NA.0376 0911-08-904 Halfway Inn Restor. $43,680 LF.SB.0370 0911-29-201 Sabine County Courthouse $444,400 LF.SY.0373 0911-39-902 Shelby County Courthouse $1,115,586 dlrtria subtotal $1,937,076 ODESSA DISl'RICf OD.MD.0561 0906-32-900 Midland Wadley-Barron $280,000 OD.MT.0562 0906-19-900 Martin County Convent $88,880 dlrtria subtotal $368,880 PARIS DISl'RICf PA.FK.0365 0901-21-900 Old Depot Transp. Complex $142,956 P A.l.R.0359 0901-29-905 19th NW Runoff Mitigation $171,200 PA.RA.0369 0901-30-900 Rains County Courthouse $264,880 PA.RR.0360 0901-27-902 Red River County Courthouse $157,212 dlrtria subtotal $736.248 PHARR DISl'RICf PH.CF.0682 0921-<l6-960 Port Isabel Lighthouse $487,692 PH.HG.0672 092 H12-969 Hidalgo Pumphouse $720,000 PH.HG.0675 0921-02-977 Bentsen Stale Parle Trailway $758,700 PH.HG.0677 092H12-964 Edinburg Trails $266,400 PH.SR.0673 092H)6-970 Roma Bridge $1,210,669 distria subtotal $3,443,461 SAN ANGELO DISl'RICf SN.SL.0661 0907-26-900 Founder's Square $23,364 EXIllBIT A. Page 4 November 30, 1994