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1987-073-RES WHEREAS, the City Council of the City of Paris did in Resolution No. 83-063, passed on the 12th day of RESOLUTION NO, 87-073 WHEREAS, the City Council of the City of Paris did in Resolution No. 83-063, passed on the 12th day of September, 1983, authorize an agreement with the State Department of Highways and Public Transportation for assistance on the construction of Collegiate Drive from Loop 286 N.E., South to Lamar Ave.; and, WHEREAS, as part of that agreement the City agreed to provide for the construction of continuous curb and gutters, storm sewers, driveways and sidewalks as required and it is now appropriate for the City to deposit funds for the estimated cost of the same with the State Highway and Public Transportation Commission; and, WHEREAS, the form of agreement with the State Highway and Public Transportation Commission regarding the deposit of the estimated cost is attached hereto as Exhibit A, and such form should be approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Mayor of the City of Paris, Billy Joe Burnett, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the agreement with the State Highway and Public Transportation Commission, upon the terms and conditions and in the form attached hereto as Exhibit A. Passed and adopted this 13th day of July, 1987. ~~y;; ATTEST: ~~, ,~~.~~~ Mattie Cunning am, C~ Y C er APPROVED AS TO FORM: Ja~~ T. K. Haynes, City Attorney M A757(1) 8757-1-1 Lamar County STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT, made this day of , 1987, by and between the City of Paris, Texas, hereinafter called the "City", Party of the First Part, act i ng by and throu9h its Mayor and the State of Texas, herei nafter called the "State", Party of the Second Part, act i ng by and through its State Highway and Public Transportation Commission, WHEREAS, the City desires the construction of curb, gutters, sidewalks, storm sewers and incidental items within the limits from Loop 286 to Loop 469 on Metropolitan Highway No. 803, which is solely the City's responsibility and the City has requested the State to construct or have constructed this work. The State will construct or have constructed this work for and on behalf of the City and at the City's sole expense, excluding preliminary engineering. The estimated construction cost of th i s work is Four Hundred Ten Thousand One Hundred Sixty and 49/100 Dollars ($410,160.49), including contingencies and construction engineering. NOW THEREFORE, it is understood that thi s proposed work wi 11 be constructed by the State and the City will transmit to the State with the return of this agreement, executed by the City, a warrant or check made payable to the State Department of Highways and Public Transportation in the amount of Four Hundred Ten Thousand One Hundred Sixty and 49/100 Dollars ($410,160.49), to be used in paying for the proposed work required by the City in the City of Paris. It is further understood that the State will construct only those items for the City as requested and required by -1- EXHIBIT "A" the City and the entire cost of such items, excluding preliminary engineering, will be borne by the City. If the State elects to receive bids and if upon receipt of bids by the State and/or the actual construction and/or approved changes in the contemplated improvements it is found that this amount is insufficient to pay the City's portion, then the City upon request of the State will forthwith supplement this amount by an amount equal to the City's full estimated or actual share of the cost of this work less the amount previously paid to the State Department of Highways and Public Transportation. In the event the amount as paid is more than the actual cost, then the excess amount will be returned to the City. It is further understood that the work to be done on behalf of the City, as herei n provided, will i ncl ude the cost of cont i ngenc i es and construction engineering. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. CITY OF PAR IS Party of the First Part STATE OF TEXAS STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION Party of the Second Part By: Mayor Clty Clerk APPROVED AS TO FORM: Certified as being executed for the purpose and effect of acti- vating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission: ATTEST: City Attorney APPROVED: By: Executed and approved for the State Highway and Public Transportation Commission under authority of Commission Minute 82513 -2-