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1989-016-RES WHEREAS, STATE DEPT OF HIGHWAYS ND PUBLIC TRANSPORTATION REQUESTS ADDITIONAL RESOLUTION NO. 89-016 WHEREAS, the State Department of Highways and Public Transportation is requesting additional right-of-way on Loop Highway 286 S.W., Southwest of Paris at the Missouri Pacific Railroad Overpass; and, WHEREAS, said right-of-way is needed to reduce the steep slopes of the railroad overpass embankment, thereby improving Loop 286 S.W.; and, WHEREAS, the right-of-way acquisition is estimated to cost approximately $11,000.00, and the City of Paris ~s requested to contribute an amount equal to ten percent (10%) of the right-of-way cost; and, WHEREAS, it would be beneficial to the citizens of the City of Paris and the traveling public to improve Loop 286 S.W. and to enter into an Agreement to Contribute Funds with the State Department of Highways and Public Transportation, and; WHEREAS, the form of Agreement to Contribute Funds attached hereto as Exhibit A, should be in all things approved and the Mayor of the City of Paris, Eric S. Clifford, should be authorized and directed to execute said Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the form of Agreement to Contribute Funds attached hereto as Exhibit A, is in all things approved; and BE IT FURTHER RESOLVED, That the Mayor of the City of Paris, Eric S. Clifford, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Agreement to Contribute Funds, upon the terms and conditions and in the form shown in Exhibit A attached hereto, with the State Department of Highways and Public Transportation; and BE IT FURTHER RESOLVED, That the Director of Finance, W. E. Anderson, be, and he is hereby authorized and directed to cause to be drawn a City of Paris check in the amount of $1,100.00, payable to the State Department of Highways and Public Transportation and delivered to Mr. Bobby L. Myers, P. E., District Engineer, State Department of Highways and Public Transportation, P. O. Box 250, Paris, Texas 75461, along with three copies of the Agreement executed by the City of Paris. Passed and adopted this 13th day of February, 1989. U7~ ~_ 2;y(/ ~ _~ - Eric S. or , Mayor ATTEST: Shtle .....pllrhl'K'nl of Hi;:.hwlI~'~ i;1iu.lI'uhlir TnmsVurlllllCln f'orm 1)-15-129 Rt'l'.3.M, Agreement to Contribute Funds (City Form) THE STATE OF TEXAS I I I Contract No. County T.~m~r Project No. CSJ No. l690-'- Account No. Rom -, -47 COUNTY OF TRA VIS 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, anlle50l tfr.8 City of Paris , Texas, acting by and through its duly authorized officials unde~mxaoe date the 13 t h 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 Limits Loop 286 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 (100/0) 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 10% of the estimated eost 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"70 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 1"18 , TEXAS ~~~~ By: ~ 2--;: . Eric S. Cli ATTEST: EXECUTION RECOMMENDED: Bobby L. District Engineer Myers THE STATE OF TEXAS ~ ~~\~,~~~",,"",,~~:J Mattie Cunningham City Clerk APPROVED AS TO FORl1: 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: Righi of Way Engineer , "'-.',,", Dale T. K. Haynes, C~ty Attorney EXHIBIT A