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HomeMy WebLinkAboutRES 92-192 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute the minute order, attached hereto as Exhibit "A", with the Texas Department of Transportation for widening FM 364 from two to four lanes between State Highway 105 and State Highway 124. PASSED BY THE CITY COUNCIL of the City of Beaumont this the d�Z day of 1992. ` 44 - Mayor - TEXAS TRANSPORTATION COMMISSION JEFFERSON County MINUTE ORDER Page of 4 Pages District No. BEAUMONT (20) WHEREAS, in JEFFERSON COUNTY on FARM TO MARKET ROAD 364 (Major Drive) , from State Highway 105 to State Highway 124 in the City of Beaumont, a distance of approximately 9.0 miles, the Federal Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) included a Rural Access project to widen this roadway from two lanes to four lanes; and WHEREAS, the section from Calder Avenue to U.S. Highway 90 (College Street) has been widened to four lanes with a left turn lane and the section from Calder Avenue north to Dishman Road is presently under construction to widen to four lanes with a left turn lane; and WHEREAS, project authorization is necessary to coordinate planning and development of the remaining two-lane sections of the ISTEA project with the City of Beaumont; and WHEREAS, ISTEA demonstration funds in the amount of $10,400,000 are available to "widen Farm to Market Road 364 from 2 lanes to 4 lanes"; and WHEREAS, as sponsor of this federal rural access demonstration project, Congressman Jack Brooks advised that, although the language in the ISTEA refers only to widening, his request to the House Committee on Public Works and Transportation clearly stated that these federal Jds be used for the City of Beaumont's portion of the widening o " Major Drive, and that it was his intent and the intent of Congress rh at least $3,200,000 would be used for the purchase of right of way as well as the relocation or encasement of pipeline utilities, with the remainder of the funding going to construction; and EXHIBIT "A" TEXAS TRANSPORTATION COMMISSION JEFFERSON County MINUTE ORDER Page 2 of 4 Pages District No. BEAUMONT (20) WHEREAS, in recognition of the intent of Congress, the Texas Transportation Commission is approving an exception to policy by using federal-aid funds for the acquisition of right of way for a project on the Farm to Market Road System; and WHEREAS, ISTEA demonstration project funding requires twenty percent (20%) local matching funds, and for this project, the local match for right of way acquisition and utility adjustments will be provided by the City of Beaumont, with part of the match in the form of a credit for any right of way acquired after the date of the Federal Highway Administration's (FHWA) Letter of Authority and any eligible utility adjustment costs, as determined by the FHWA; and WHEREAS, the total construction cost is estimated to be $15,000,000 and the twenty percent (20%) local match for ISTEA funds used for construction will be provided by the State; NOW, THEREFORE, IT IS ORDERED that the Executive Director is hereby directed to tender the following proposal to City of Beaumont: Provided City of Beaumont will : 1. Provide twee r of the cost of right of way, includ that required for environmental mitiga ,bstructions and free of cost to the State �,ith requisition procedures to be in accordance with policies cf the Texas Department of Transportation and with applicable Federal and State laws governing the acquisition policies for acquiring real property. TEXAS TRANSPORTATION COMMISSION JEFFERSON County MINUTE ORDER Page 3 of 4 Pages District No. BEAUMONT (20) 2. Provide twenty percent of the cost of eligible utility adjustments as may be required in accordance with policies of the Texas Department of Transportation. 3. Provide the nonfederal-aid twenty percent match portion of the right of way and utility adjustment costs either monetarily or through credit for right of way acquired and eligible utility adjustment costs. The Texas Department of Transportation will within the limits of funds provided by ISTEA for this rural access demonstration project: 1. Provide eighty percent of the cost of right of way, utilizing ISTEA Rural Access Demonstration Funds, including easements and that required for environmental mitigation, clear of obstructions with acquisition procedures to be in accordance with Texas Department of Transportation policies and with Federal and State laws governing the acquisition policies for acquiring real property. 2. Provide eighty percent of the cost, utilizing ISTEA Rural Access Demonstration Funds, of eligible utility adjustments as may be required in accordance with policies of the Texas Department of TransportatiC 3. Provide relocation assistari ;e as mly be determined to be eligible under the Relocation Assistance Program. 4. Provide for construction. TEXAS TRANSPORTATION COMMISSION JEFFERSON County MINUTE ORDER Page 4 of 4 Pages District No. BEAUMONT (20) Upon acceptance of the provisions of this Order by the City of Beaumont, IT IS FURTHER ORDERED that the Executive Director is hereby authorized to proceed in the most feasible and economical manner with project development for the remaining two-lane sections of Farm to Market Road 364 from State Highway 105 to Dishman Road and from U.S. Highway 90 to State Highway 124 to include any necessary agreements, environmental studies, public involvement, right of way maps and field notes, right of way acquisition, utility adjustments, relocation assistance and construction at a total estimated cost of $13,000,000 (ISTEA - $10,400,000, State Match - $1,800,000, City of Beaumont Match - $800,000) . It is understood that the portion of demonstration funds remaining after right of way and utility adjustments are complete will be applied toward the construction of those sections of Farm to Market Road 364 between State Highway 105 and State Highway 124 that are not presently four lanes. It is further understood that this action does not authorize construction beyond available funds as provided in the ISTEA for this rural access demonstration project and any construction beyond this i is subject to further consideration and action by the Texas Transporeation Commission. This Order shall become operative upon acceptance by City of Beaumont; and if not accepted within 90 days of the date hereof, the action herein contained shall be automatically canceled. Submitted by: Exa;iined and recommended by: Executive Assistant Approved Associate Executive Director Executive Director - Minute Number 101084 Date Passed JUN 24 92