HomeMy WebLinkAbout1996-018C \WPDOCS\ORD\T%DOT 380
ORDINANCE NO
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE
TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR
CONTRIBUTION OF FUNDS FOR THE ACQUISITION OF RIGHT OF WAY FOR A
HIGHWAY PROJECT ON US HIGHWAY 380 BETWEEN INTERSTATE HIGHWAY 35 AND
US HIGHWAY 77, AUTHORIZING THE EXPENDITURE OF FUNDS EQUAL TO TEN
PERCENT OF THE COST OF THE RIGHT OF WAY, AND DECLARING AN EFFECTIVE
DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the Mayor is hereby authorized to execute an
agreement with the Texas State Department of Highways and Public
Transportation for the State to assume responsibility for the
acquisition of all necessary right of way for the highway proDect
on US Highway 380 from Interstate Highway 35 to US Highway 77
SECTION II That the City Council hereby authorizes the
expenditure of funds equal to ten percent of the cost of the right
of way as specified in the agreement
SECTION III That this ordinance shall become effective
immediately upon its passage and approval
PASSED AND APPROVED this the &day of 1996
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPIOVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
]/f
Texas Depa"I ent of Transportation
Poim D45 129 Rev 9/91
Agreement to Contribute Funds
(City Form)
THE STATE OF TEXAS i Contract No
County Denton
COUNTY OF TRAVIS } Federal Project No
CSJNo _ ntsa-oetr-s3
ROW Account No Rnl R-02- 7
This Agreement by and between the State of Texas, acting by and through the Texas Department of
Transportation, hereinafter called the State, and 1,he_S.il: ^f Dentnn
Texas, acting by and through its duly authorized official under Ordinance dated the
/A, *" day of To u aq 199� , hereinafter called the City, shall be effective
on the date of approval and execution by and on behalf of the State
WHEREAS, the State has previously requested the City to enter into a contractual agreement
and acquire right of way for a highway project on Highway No ❑e saD with the
following project limits
From Ill 19 and
To
WHEREAS, the City has now requested that the State assume responsibility for acquisition of
all necessary right of way for said highway project, and
WHEREAS, the City desires to voluntarily contribute to the State funds equal to ten (10) per-
cent of the cost of the said tight 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 (10) percent 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, duly executed by the City, a warrant or check payable to the Texas Department
of Transportation in the amount of Two Htmdred-'h wty Five Thousand and No/Htmdreths Dollars
($ 225 , 000 00----- -), which represents ten (10) percent of the estimated cost 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 is requested
by the State Upon completion of the highway project and in the event the total amount as paid by
the City is more than ten (10) percent of the actual cost of the right of way, any excess amount
will be returned to the City by the State Cost of the right of way acquired by the State shall
mean the total value of compensation paid to owners, including but not lumted to utility owners,
for their property interests either through negotiations or eminent domain proceedings
EXECUTION RECOMMENDED
District Engineer
THE STATE OF TEXAS
Cemfied 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 Texas Transportation Commission
under the authon Olinute Orde VS/3_
By
rrec r of Right of Way
Date /96