1994-127B:\T%DOT.O
ORDINANCE NO. -/Z
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, for
improvements to U. S. Highway 380 from U. S. Highway 77 east to
Texas Loop 288 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 One Hundred Eighty Thousand
Dollars ($180,000.00) 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 161--Zh day of , 1994.
C/ a
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:®~~ r~ U/iyir
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:J ~ C~"`
Imo.
- A9
~w .
Texas Department of Transportations.. -
P.O. BOX 3067 • DALLAS, TEXAS 75221-3067 • (214) 320-6100
August 19, 1994
1 „ I f'
v
Denton 'County -
CSJ 0135-10-041
R/w 8018-2-02 AUG 221994 '
US 380: From Texas Loop 288
To U.S. 77^' „r
Release of Project for Right of Way Acquisition
Mr. Lloyd V. Harrell
City Manager
City of Denton
215 East McKinney
Denton, Texas 76201
Dear Mr. Harrell:
We are pleased to inform you that the Texas Transportation
Commission has approved the subject project for right of way
acquisition. In that regard, we enclose an original of the fully
executed"Agreement to Contribute Funds", dated August 15, 1994.
This document which acknowledges the city's $180,000.00
contribution, provides for the assumption by the Texas Department
of Transportation of responsibility for procurement of needed right
of way including utility adjustments as set forth therein. Our
staff is contacting the affected property owners for permission to
enter onto their property to begin appraisals.
After the assignment of appraisals and the approval of the
appraisal reports, we plan to make offers to the owners to secure
the needed right of way.
Mr. Harlan Moore has been assigned to coordinate right of way
matters on this project with local governments. Should you have
questions or desire additional information concerning this project,
he may be reached by telephone at (214) 320-6267 or by fax at (214)
320-6650.
Sincerely,
Got Ja es M Huffma7.E.
District Engineer
Enclosures
ffi . .1,w
An Equal Opportunity Employer
Texas Department of Transportation
Form D45-129 Rev. 9/91
Agreement to Contribute Funds
(City Form)
THE STATE OF TEXAS
COUNTY OF
Travis
Contract No.
County Denton
Federal Project No.
CSJ No. 0135-10- Oq /
ROW Account No. 8018-2-;L
This Agreement by and between the State of Texas, acting by and through the Texas Department of
Transportation, hereinafter called the State, and City of Denton
Texas, acting by and through its duly authorized of 'clal under Ordinance dated the
J !J 44- day of 1 19-71 hereinafter called the City, shall be effective
on the date of approval and exec on 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, K• S• 4 RO with the
following project limits:
From,. O.S. Highway 77
To: Texas Loop 288 ;,9
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 Tran$portation in the amount of One Hundred-Eighty Thousand and no/hundreths Dollars
180; 000.00 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 emi~rtent domain proceedings.
CITY OF L) E -o tJ TEXAS
By:
Mayor
ATTEST:
0
THE STATE OF TEXAS
Certified as being executed for the purpose and effect of
activating and/or carrying out the orders, established
policies or work programs heretofore approved and
authorized by the Texas Transpo Lion C!ommission
under the authotitrttf Minute Or } n / ~r
By:
,4)' & ctor of Right of
8 -t s- R
Date: