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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 ~'~////'/~'~