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1994-070AE:\~PDOCS\ORD\TXDOT.O 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 /~day of ~ , 1994. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY F Texas Department of Transportation RO. BOX 3067' I~LI~S, 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. Harrel'l City Manager City of Denton 215 East McKinney Denton, Texas 76201 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 i's 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 Projec.t 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 a~quisition 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. T~he 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". Add'itignally, a grant of signature authority for the person executing the Agreement is requested. ~n EQual Opportunity Employer 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 are less than the estimated amount, the Texas Department of Transportation will refund the city's 10% 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. Enclosures Texas Delmrlment of. Transpom~ion Form D-15-129 Rev. 9/91 · .~ Agreement to Contribute Funds . . ~ (thy Form) THE STATE OF TEXAS } Contract No. } Count7 COUNTY OF TI{AVIS } Federal Project No, CSI No. ROW Account No. This Agreement by and between tbe State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the State, and %'ha Ct tv of Denton , Texas, acting by and through its duly authorized official under Ordinance dated the day of 19 , hereinafter called the City, shall be e~ective . on the date of at,proval and execuaon by and on behalf o/the State. WHEREAS, the State has previously requested the C|ty to enter into a contractual agreement and acquire right of way for a highway project on Highway No. il. $, ~O with the following project limits: From: Texas Loop 288 To: U.S. 3771 North ;and WHEREAS, the City has now requested that the State assume responsibility for acquisition of all necessary right of way for said highway project; and WHEREAS, the City desires to voluntarily contribute to the State funds equal to ten (10) per- cent of the cost of the said right of way for the proper developn~nt and construction of the State Highway System; NOW~ THEREFORE, ~1. consideration of the foregoing premises and the mutual benefits to be derived the~from, the Cit~ shall coaix'~ute to the State an amount equal to ten (10) percent of the cost .of the right of way to be acquired by th~ State aud shaii trnnsmit, to the State with the return of this agreement, duly executed by the Ci~, a warrant or cbeck payabl:.to tim Texas Dopamnem of Transportation inthe ax.n..ount of S.veutv Four Thousand Five. H,,na~ea ..~ ~.?~)ollars ($ ?,,_ ~. ,n-------~ which represents t~n (I0) percent of the estmmted cost of the right °fway. However, if it is found that this amount is ins,,ff~cient to pay tim City's obligation, then the Ci~, upon request of the State, ~ forth, arlth supplement th~.~ amount in such amount as is requested by the State, Upon compleuon of th~ highway project and in tbe event th~ total amount as paid by th.e. City is more than ten (10) percent of th~ actual cost of tbe right of way, any excess amount will be returned to the Cit~ by the. State.. Cost oftl~ right of way aexluired by the State shall .mea~. the total val.ue of compensm~on paid to owners, including but not limimd to utility owners, tot meir property interests either through n~goti~tlons or eminent domain proceedings. CITY OF n~NTflN , TEXAS EXECI3~ONRECOMMENDED: By: M~yor Di~Ui~t THE STATE OF TEXAS AT]~ST: C.~-~ifi~d ~ beln~ extoll for th. p.~po~ .nd ~ff~l of ~"tiv~ ~md/or Cal~ills Oil! the ordain, e~ablished policies or work progn~ms ~uthorized by the Tex~ Tr~n~pomaion Commission By: Die.or of Right of W.y Date: