1996-018C \WPDOCS\ORD\TXDOT 380
ORDINANCE NO q~-Ol ~
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE ANAGREEMENT 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 authorzzed to execute an
agreement with the Texas State Department of Hzghways and Publzc
Transportatzon for the State to assume responszbzlmty for the
acquisitIon of all necessary rzght of way for the hzghway project
on US Hzghway 380 from Interstate H~ghway 35 to US Highway 77
SECTIO~ II That the City Council hereby authorizes the
expenditure of funds equal to ten percent of the cost of the r~ght
of way as speclfzed zn the agreement
SECTION III That th~s ordinance shall become effectzve
~mmedlately upon zts passage and approval
PASSED AND APPROVED thzs the /~t'day of~, 1996
BOB CASTLEBERRY, ~YO~--~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APP~VED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Texas Depar~ant of TranspoBation
Form D45 129 Rev 9/91
Agreement to Contribute Funds
(C~ty Form)
THE STATE OF TEXAS } Contract No
} County Denl:on
COUNTY OF ~I1AVlS } Federal ProJect No
CSJ No Ol
ROW Account No 80 ~ g-nj- ?
Th~s Agreement by and between the State of Texas, acting by and through the Texas Deparlment of
Transportation, hereinafter called the State, and th~ at r.v nf n~n~on
Texas, acting by and through ~ts duly authorized 0fficud und-er Ordinance dated the
/r~,tn day of~ 19 ~ , hereinafter called the C~ty, shall be effecttve
on the date of approval~n by and on behalf of the State
WHEREAS, the State has previously requested the C~ty to enter into a contractual agreement
and acqutre right of way for a lughway project on I-hghway No Ils 380 w~th the
following project lmuts
From 11l ~5 ,and
To IIg 77
WHEREAS, the City has now requested that the State assume respunslbd~ty for acqms~uon of
all necessary right of way for smd lughway project, and
WHEREAS, the C~ty 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, m consideration of the foregoing premises and the mutual benefas to be
i shall contribute to the State an amount equal to ten (10) percetat of the
derived therefrom, the C ty
cost of the right of way to be acqmred by the State and shall transmat to the State with the return
of flus agreement, duly executed by the C~ty, a warrant or check payable to the Texas Department
ofTransp0rtat,on m the amount of r~o .,,~.'~-~'w~n~7 F~.ve ?o..~'~ a~ ~/H~_u?~_ r, htDo~waar~
225,000 00 ...... ),whtchrepresentsten(10)percentot~eest.~nnateocos[otm~ g . J
(H$o~we~rer,iff it is found that th~s amount m msuffic~ent to pay the City's obhgatton, then the CRy,
upon request of the State, will forthwith supplement thru amount m such amount as is requested
by the State Upon completion of the lughway project and m the event the total amount as pa~d by
the C~ty is more than ten (10) percent of the actual cost of the rlght of way, any excess amount
wdl be returned to the City by the State Cost of the right of way acqmred by the State shall
mean the total value of compensattun paid to owners, including but not lmuted to utthty owners,
for their property mterests either through negouattons or eminent domain proceedings
CITY OF ~ , TEXAS EXECUTION RECOMMENDED
STATE OF TEXAS
activating and/or carrying out the orders, ostabhshed
~. /~.._.3 pohcxes or work programs heretofore approved and
authorized by the Texas TransportatiOn Commission
Date ~'~////'/~'~