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1994-070E:\UPDOCS\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 Texas Depatlment of Transpo~tauon Form D-15,129 Rev. 9/91 Agreement to Contribute Funds (Ci~ Fo~) ~ STA~ OF~ } Con~ No. } Co~. Den~on CO~ OF T~VIS } Feder~ Project No. CSJ No. 0135-m- o ~q ROW Acco~t No. 801~*~ PI ~ A~emem by md ~n ~o State of Text, ac~g by md ~ough ~ Tex~ D~ent of Tr~spo~ation, hem~ffier c~ed ~e State, md The C$$y O~ penton , Text, ~t~g by md ~ough its d~y auto.ed offic~ ~d~ Or~ dasd ~e ~ ~ ~ ~ day of ~ ~ 19 ~q , heralder c~ed ~e City, s~ll be effective on the ~te of approval a~ execution by a~ on be~ of the State. WHEREAS, ~e State h~ previously ~quested ~e City to enter ~to a conwamfl a~ee~e? ~d acquke right of way for a ~ghway project on ~ghway No. u.s. 380 wi~ me follo~g proje~ ~: From. Texas Loop 288 To: O.S. 377~ North (The port/on of Right of Way Prolect in the ;~d ~tty of Denton) WHEREAS, ~e City h~ now ~quested ~at ~e State ~s~e re~onsib~ for acquisition of ~ necess~ fight of way for s~ ~ghway proj~t; ~d WHEREAS, ~e City desks to vo1~t~y con~bute to the State ~nds equ~.to ten (10) ~r- cent of ~e cost of ~e s~d fi~t of way for ~e proper dev~opment ~d com~on of ~e State Highway Syste~ NOW, THEREFORE, ~ co~iderafion of ~e forego~g p~ses ~d ~e murat ~nefits to derived ~em~om, ~e City sh~ conffibute to ~e State ~ ~ount equil to ten (10) ~cent of cost of ~e right of way to ~ acquked by ~e S~te ~d sh~ ~t to ~o Sffite with the of t~ a~ement, dffiy exem~d by ~e C~ty, a w~t or c~ck payable to ~ Tex~ ~mhnent ofTrmspo~at~n ~e ~o~t of Seventy Four Thousand F~v~ Hundred and ($ 7~ ~ 500.00 ..... ), w~ch represents ten (10) ~rcent of ~e est~ated cost of the fight of way. However, ff it ~ fo~d ~at ~ ~o~t ~ ~s~cient to pay ~e City's obligation, ~en ~e City, upon ~quest of ~e S~te, wffi fo~wi~ suppleme? ~s ~o~t ~ suc~ ~o?t ~ ~ ~ques?~. by ~e State. Upon completion of ~e ~ghway proje~ ~d m ~ event me to~ ~o~t ~ pma ~e City ~ more t~ ten (10) ~rcent of ~e acmfl cost of ~e fight of w~y, ~y excess ~omt will be~ed to ~e City by ~e S~te. Cost of ~e fight of way acqu~ed by ~e State sh~ me~ ~e totfl vflue of compemafion p~d to omen, ~du~g but not ~ted to u~W omem, for thek prope~ ~terests either ~ough negotiations or e~ent dom~ pr~e~gs. ~ OF DENTON , ~ ~~O~~: acfiva~ ~or c~g out ~ or~, estab~ed A~T~ ~~ ~ed as ~g ex~ted for ~e p--se .d eff--t of ~Ucies or wo~ pw~s he~tofom a~proved ~d ~tho~od by~%Te~ T~afio~is~on