1992-042e~pdocs\I ~5
ORDINANCE NO ~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS PROVIDING FOR THE
PAYMENT OF THE COSTS OF HIGHWAY MODIFICATIONS FOR INTERSTATE HIGH-
WAY 35, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Rancho Vista Development Company (Developer) IS
proposing to construct an outlet mall on property located immedi-
ately east of Interstate Highway 35 and south of State Highway Loop
288, in the City of Denton, Texas, and
WHEREAS, the Developer has requested that certain highway
modifications be made along Interstate Highway 35 immediately
adjacent to the proposed outlet mall to facilitate the safe
movement of vehicular traffic, and
WHEREAS, the Developer has agreed to pay for the highway
improvements and the State Department of Highways and Public
Transportation (the State) has agreed to construct the modifica-
tions, and
WHEREAS, the State requires that public highway modifications
be performed pursuant to a contract between the State and the City,
and
WHEREAS, the city has agreed to contract with the State for the
highway modifications upon payment of the costs of the improvements
by the Developer to the City, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That it approves the attached agreement with the
State of Texas provlding for the payment of the highway modifica-
tions therein specified, and shall execute the agreement when the
City has received $450,000 00 from Developer
SECTION II That this ordinance shall become effective immedi-
ately upon its passage and approval
PASSED AND APPROVED this the ~__A~'day of ~ , 1992
BOB CASTLEBERRY, ~/R~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPR~ED A~ TO LEGAL FORM
DEBP, A A DRAYOVlTCH, CITY ATTORNEY
PAGE 2
CRP 88(715) M
2250-2-6
Denton County
STATE OF TEXAS
COUNTY OF TRAVIS
THIS AGREEMENT, made this ~/day of ~ , 1992,
by and between the C~ty of Denton, Texas, hereinafter called the "C~ty", Party of the
F~rst Part, acting by and through its C~ty Council and the State of Texas, hereinafter
called the "State", Party of the Second Part, acting by and through ~ts Texas
Department of Transportation Commission
WHEREAS, the City desires mowng the location of the proposed exit ramp from
north-bound Interstate H~ghway 35, and the reconstruction of approximately 3700 feet
of north-bound frontage road and ~nc~dental ~tems w~th~n the hm~ts from Station
631 + 27 to Station 675 +00 on-L-~ and the State w~ll, among other th~ngs,
prowde for the construction of th~s work w~th~n these hm~ts and the C~ty w~ll contribute
a hxed amount of Four Hundred F~fty Thousand and No/lO0 Dollars ($450,000 00), ~n
payment for their port~on of th~s work as outhned m F~eld Change Request No 1
NOW THEREFORE, ~t ~s understood that th~s proposed work, as outhned ~n F~eld
Change Request No 1, w~ll be constructed by the State and the C~ty w~ll transmit to
the State w~th the return of th~s agreement, executed by the C~ty, a warrant or check
made payable to the Texas Department of Transportation m the amount of Four
Hundred F~fty Thousand and No/100 Dollars ($450,000 00), to be used ~n paying for
the proposed add,tonal work required by the C~ty It ~s further understood that the
State w~ll construct only those ~tems for the C~ty as requested and ~t ~s further
understood that the contribution of Four Hundred F~fty Thousand and No/lO0 Dollars
($450,000 00), by the City shall be a fixed amount for their share of the work
IN TESTIMONY WHEREOF, the part,es hereto have caused these presents to be
executed m duphcate on the day above stated
CITY OF DENTON TEXAS DEPARTMENT OF
Party of the F~rst Part TRANSPORTATION
Party of the Second Part
B_~~~/Mayor_/ Certified as being executed for the
~ purpose and effect of activating and/or
,~,~~, p~ carrying out the orders, estabhshed
By pohc~es, or work programs heretofore
Member of C~ty Couno(I [J approved and authorized by the Texas
Department of Transportation
By~'J~A ~/~ Commission under the authority of
M.~embe~ty C~.~ .~ U,nute Order 100002
By ~ "~ By
Mem__ber of .~j.ty Counc,, b'~r~i.~'min'strat'°n
~____..~embe-r of C~ty C'ounc,I By Me('mbe~o/CT/y,~ounciI
~t~/~ty Secretary
APPROVED AS TO FORM
PAYMENT VOUCHER ~ PURCHASE
, ~, ,, ~,: * CITY
~IR~T ~TA~ :B~