HomeMy WebLinkAbout1994-070AE:\WPDOCS\ORD\TXDOT.O
ORDINANCE NO. 911-01 /q
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREE-
MENT BETWEEN THE CITY OF DENTON AND THE TEXAS DEPARTMENT OF TRANS-
PORTATION FOR ACQUIRING NECESSARY RIGHTS -OF -WAY FOR A HIGHWAY
PROJECT ON U. S. HIGHWAY 380; AUTHORIZING THE EXPENDITURE THEREFOR;
AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is authorized to execute an Inter -
local Agreement to Contribute Funds between the City of Denton and
the Texas Department of Transportation for acquiring necessary
rights -of -way for a highway project on U. S. Highway 380, under the
terms and conditions contained in said Agreement, which is attached
hereto and made a part hereof.
SECTION II. That the City Council hereby authorizes the
expenditure of funds in the amount of $74,500.00 for acquiring of
said rights -of -way, as specified in the Agreement.
SECTION III. That this ordinance shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the 1�day of , 1994.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APP OVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: _&W L&
I �I
Texas Department of Transportation
P.O. BOX 3067 • DALLAS, TEXAS 75221-3067 • (214) 320.6100
March 8, 1994
Denton County
CSJ 0135-10-024
ROW 8018-1-
U.S. Highway 380 .From:
Texas Loop 288
To:
U.S. Highway 377, North
Mr. Lloyd V. Harrell
City Manager
Al f_::
City of Denton
215 East McKinney
Denton, Texas 76201
y94
Dear Mr. Harrell:
We are pleased to inform you the Texas Transportation Commission
has approved the subject project for development. From meetings
with your staff it is our understanding that the City of Denton is
to be the local public agency providing local funding for the
project within the city limits of Denton. The project is listed in
the 1994 Project Development Plan under National Highway System,
Mobility Projects and has a Level of Authority sufficient to
proceed to right of way acquisition.
Under our alternate procedure for right of way acquisition as
discussed with your staff, the Texas Department of Transportation
will handle the acquisition of all right of way provided the City
of Denton will advance to this Department a sum equaling 10% of the
estimated cost prior to the initiation of acquisition. Based on
the requirements for additional right of way shown on the attached
maps, we estimate the total cost of right of way and eligible
utility adjustments for the portion of the project within the City
of Denton will be $745,000.00. The Texas Department of
Transportation will, begin work on the project as soon as the City
executes the enclosed Agreement to Contribute Funds (City Form),
remits a check to us in the amount of $74,500.00 to cover the
City's 10% share,, and final approval is received from our
administration in Austin.
It is requested that (3) copies of the Agreement, each with
original signatures, be returned.to us together with the City's
check, for the above amount payable to "Texas Department of
Transportation". Additionally, a grant of signature authority for
the person executing the Agreement is requested.
An Equal Opportunity Employer
5 4:�
Page 2
You are reminded that in the event the right of way costs should
exceed the stated amount, we will require the City to pay its 10%
share of any additional amount. Likewise, in the event these costs
estimatedare less than the amount,
Transportation will refund the City's10% share of the difference.
Please contact Harlan E. Moore at (214)320-6267 if there are
questions or if we may be of further assistance.
Since ly,
,James Huff�P.E.
f District Engineer
Enclosures
Texas Department of.Transportetion
Form D-15-129 Rev. 9/91
Agreement to Contribute Funds
(City Form)
THE STATE OF TEXAS ) Contract No.
COUNTY OF TRAVIS ) County Denton
Federal Project No.
CSJ No. 0195-10-
ROW Account No, so l s- i -
This Agreement by and between the State of Texas, acting by and through the Texas Department of
Transportation, hereinafter called the State, and The City of Denton
Texas, acting by and through its duly authorized official under Ordinance dated the
day of 19 , 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. U. S . 38o with the
following project limits:
From: Texas Loop 288
To: U.S. 377, North
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 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 (10) percent of the
cost of the right of way to be acquired by the State and shall ttantirukto 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 Seventy Four Thousand Five Hundrad and No/tnd)ollars
($ 74 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 limited to utility owners,
for their property interests ether through negotiations or eminent domain proceedings.
•am t ,a a, :��- •
By:
Mayor
ATTEST:
District Engineer
THE STATE OF TEXAS
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 Texas Transportation Commission
under the authority of Minute Order
By:
Director of Right of Way
Date: