HomeMy WebLinkAbout1994-070E:\WPDOCS\ORD\TXDOT.O
ORDINANCE NO. -0 70
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 N day of / +, [ , 1994.
CASTLEBERRY,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
Texas Department of Transportauun
Potm D-15-129 Rev. 9/91
Agreement to Contribute Funds
(City Form)
THE STATE OF TEXAS J Contract No.
J County Denton
COUNTY OF TRAVIS ) Federal Project No.
CSJ No. of as—lo- D act
ROW Account No. 80 u a- = o 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
Texas, acting by and through its duly authorized official under Ordinance dated the N
day of AP'-t L-- 19_�Y , 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. 380 with the
following project limits:
From, Texas Loop 288
To: U.S. 377 North (The portion of Right of Way Project in the ;and
City of Denton)
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 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 Seventy Four Thousand Five Hundred and _No/ 1 n0ollars
($ 74 , 500.00-------), 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 limited to utility owners,
for their property interests either through negotiations or eminent domain proceedings.
CITY OF DENTON TEXAS EXE O RECOMMENDED:
Mayor /%o^ istrict Etgmee
TH STATE OF XAS
AT• Certified as being executed for the purpose and effect of
GC�Y�O activating and/or carrying out the orders, established
policies or work programs heretofore approved and
authorized by a Texas Transpo anon Commission
under the an of Minute I?A 51 3
By:
or of /RightQo y
Date: