HomeMy WebLinkAboutPR 19967: TERMINATION OF THE AGREEMENT TO CONTRIBUTE FUNDS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION AS IT PERTAINS TO A PROPOSED OVERPASS PROJECT ON FM 365 FROM JADE AVE TO SPUR 93 P.R. NO. 19967
10/26/17 ht
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE TERMINATION OF THE
AGREEMENT TO CONTRIBUTE FUNDS WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION AS IT PERTAINS TO A
PROPOSED OVERPASS PROJECT ON FM 365 FROM JADE
AVENUE TO SPUR 93 (ROW CCSJ: 0932-01-100)
WHEREAS, pursuant to Resolution No. 09-414 , the City entered
into an Agreement to Contribute Funds with the Texas Department of
Transportation (TXDOT) for the development of a proposed overpass
on FM 365 from Jade Avenue to Spur 93 ; and
WHEREAS, in accordance with the Texas Administrative Code
Title 43 , Part 1, Chapter 15, Subchapter E. Federal and State and
Local Participation, Section 15 . 55, the Agreement obligated the
City to contribute $101, 500 . 00 reflecting l00 of the total
estimated right of way cost of $1, 015 , 000 . 00 ; and
WHEREAS, due to competing priorities within the region, this
project has not progressed and remains unfunded, and there has not
been any right of way acquired for the project; and
WHEREAS, TXDOT has determined that due to the inactivity of
this project and for best practice purposes, the City will be
refunded for the entire amount of $101, 500 . 00 .
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1 . That the facts and opinions in the preamble are
true and correct .
Section 2 . That City of Port Arthur hereby authorizes the
City Manager to execute the termination of the Agreement to
Contribute Fund for the proposed overpass project on FM 365 from
Jade Avenue to Spur 93 , in substantially the same form as Exhibit
"A"
Section 3 . That the Texas Department of Transportation
will issue a refund to the City for the entire amount of
$101, 500 . 00 .
Section 4 . That a copy of the caption of this Resolution
shall be spread upon the Minutes of the City Council .
READ, ADOPTED, AND APPROVED, this day of
2017 AD, at a Regular Meeting of the City Council of the City of
Port Arthur, Texas by the following vote : AYES :
Mayor:
Councilmembers :
NOES:
Derrick Ford Freeman, Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
�Q Q
Valeria . zeno
City Attorne
APPROVED FOR ADMINISTRATION:
Brian McDougal
City Manager
EXHIBIT "A"
STATE OF TEXAS §
COUNTY OF TRAVIS §
TERMINATION OF AGREEMENT TO CONTRIBUTE FUNDS
THIS AGREEMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation ("State"), and the City of Port Arthur, Texas, acting through its
duly authorized officials ("Local Government")
WITNESSETH
WHEREAS, the State and Local Government previously entered into that certain Agreement
to Contribute Funds executed by the State on 09/29/2009 ("Original Contract") regarding
the Local Government's agreement to contribute funds for the State's procurement of right of
way on the following indicated highway project:
FM 365 From Jade Ave. to Spur 93 (the "Project"); and
WHEREAS, either no action whatsoever has been taken under the terms of the aforesaid
Agreement or due to a change in circumstances no further action is contemplated thereunder
by either the Local Government or the State and whereas it is desired that said Contract be
canceled;
WHEREAS, if FM 365 requires right of way activities at a future date a new Contract will need
to be executed by the Local Government and State;
NOW THEREFORE, the State and the Local Government do agree to terminate the Original
Contract as follows.
TERMINATION AGREEMENT
1. Termination
The State and Local Government agree to immediately terminate the Original Contract
2. Refund
The State and Local Government agree that the State will refund the Local Government's
contribution of $101,500.00 previously paid by the Local Government as part of the
Original Contract.
3. Sole Agreement
This agreement constitutes the sole and only agreement between the parties and
supersedes any prior understandings or written or oral agreements respecting the subject
matter of this agreement including the Original Contract.
Agreement for ROW Procurement Page 1 of 3 Attachment C
4. Ownership of Documents
All documents prepared by the State shall remain the property of the State. All data
prepared under this agreement including the Original Contract shall be made available to
the State without restriction or limitation on their further use. All documents produced or
approved or otherwise created by the Local Government shall be transmitted to the State
in the form of photocopy reproduction on a monthly basis as required by the State. The
originals shall remain the property of the Local Government. At the request of the State,
the Local Government shall submit any information required by the State in the format
directed by the State.
5. Inspection of Books and Records
The Local Government shall maintain all books, papers, accounting records, and other
documentation relating to costs incurred under this agreement and shall make those
materials available to the State and, if federally funded, the Federal Highway
Administration (FHWA) or their duly authorized representatives for review and inspection at
its office during the contract period and for four (4) years from the date of completion of
work defined under this agreement or until any impending litigation, or claims are resolved.
Additionally, the State and FHWA and their duly authorized representatives shall have
access to all the governmental records that are directly applicable to this agreement for the
purpose of making audits, examinations, excerpts, and transcriptions.
6. State Auditor
The state auditor may conduct an audit or investigation of any entity receiving funds from
the State directly under this agreement or indirectly through a subcontract under this
agreement. Acceptance of funds directly under this agreement or indirectly through a
subcontract under this agreement acts as acceptance of the authority of the state auditor,
under the direction of the legislative audit committee, to conduct an audit or investigation in
connection with those funds. An entity that is the subject of an audit or investigation must
provide the state auditor with access to any information the state auditor considers relevant
to the investigation or audit.
7. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this
agreement on behalf of the entity represented.
Agreement for ROW Procurement Page 1 of 3 Attachment C
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LOCAL GOVERNMENT
Signature
Typed or Printed Name
Title
Date
THE STATE OF TEXAS
Gus E. Cannon, CTCM
Director, Right of Way Division
Texas Department of Transportation
Date
Agreement for ROW Procurement Page 1 of 3 Attachment C