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HomeMy WebLinkAboutO-1994-2001 . . ORDINANCE NO. 94- 2001 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR RIGHT-OF-WAY ACQUISITION FOR RECONSTRUCTION OF STATE HIGHWAY 146 FROM STATE HIGHWAY 225 TO FAIRMONT PARKWAY; APPROPRIATING A TOTAL OF $292,450.00 TO FUND SAID CONTRACT, AND AUTHORIZING PAYMENT OF $180,000.00 IN 1995, AND $112,450.00 IN 1996; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 10 The City council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. The City Council appropriates the total sum of $292,450.00 to fund said contract, and authorizes paYment of $180,000.00 in 1995, and $112,450.00 in 1996, from the Capital Improvement Account No. 015-710-410-100. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the Ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted . . ORDIBANCE BO. 94-2001 PAGE 2 upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 24th day of October, 1994. CITY OF LA PORTE By: ~ ~ 11111..~ . "N-rman L.~~, Mayor ATTEST: ~~ ~ Sue Lenes, City Secretary APPROVED: ~tV2 Knox W. ASkins, City Attorney . e * I Texas Department of Transportation P.O. BOX 1386. HOUSTON, TEXAS 77251-1386. (713) 869-4571 January 13, 1995 ~fE@J[ODOf?r r . , r J fI f!.' 'i1 f" .!'''''''''~ FSW ~ r: lW\i.ll. '"' ~~~~<J!- U:(~~L' ..; -.,- " I" ) ~J..-J. ~L ~"'~'J _<I ~ . ".. Transmittal of Agreement to Contribute Funds Account 8012-2-22 CSJ No. 0389-12-074 Harris County SH 146: From South of SH 225 To South of Spencer/W. Main ----------------------------- Mr. Charles R. Harrington Director of Planning City of La Porte P. o. Box lll5 La Porte, Texas 77572-1115 Dear Mr. Harrington: Transmitted herewith please find the fully executed Agreement to Contribute Funds covering the above referenced project for your records. Should additional information be required, please feel free to contact Ms. Brenda McKinney at (713) 802-5727. ranees S. Willison, P.E. Director of District Right of Way Houston District r Ibm . Attachments An Equal Opportunity Employer " '..- " e - AGREEMENT TO CONTRIBUTE FUNDS (CITY FORM) STATE OF TEXAS COUNTY HARRIS PROJECT 80l2-2-22 COUNTY OF TRAVIS HIGHWAY SH l46 c.. S"S o~8q - IJ..- 0 77 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 La Porte , Texas, acting by and through its duly autqorized officials under Ordinance dated the ~~ ~ day of Oc....1.-t> 'D....t{" , 19 94 , hereinafter called the City, s~ffecti ve on the date of approval and execution by and on behalf of the State. WHEREAS, the State had requested the City to enter into contractual agreements and acquire right of way on the following projects: Highway Account No. Limits SH 146 8012-2-22 From South of Spencer /W. Main To South of SH 225 and WHEREAS, the City has now requested that the State assume responsibility for acquisition of all necessary right of way: and, WHEREAS, the City desires to voluntarily contribute to the State funds, equal to ten percent (lO%) of the cost of the right of way, for the proper development and construction of the State Highway System: and WHEREAS, the City has contributed $l80, 000 to the State as partial contribution of funds for acquisition of right of way: and WHEREAS, the City wishes to contribute the remaining portion of the ten percent ( lO%) of the cost of the right of way in incremental payments in accordance with the following schedule: 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 percent (lOt) of the cost of the right of way to be acquired by the State and shall return this agreement, executed by the City to Texas Department of Transportation, and shall contribute to the State the balance of ten percent (lOt) in incremental payments in accordance with the following schedule: o One Hundred Twelve Thousand Four Hundred Fifty OO/I.Oo-Dollars $112,450 on or before October I, 1995 The above contributions constitute Two Hundred Ninety Two Thousand Four Hundred Fifty Dollars $292,450 which represents lOt of the estimated cost of the . . , " ._ t ",,-: . . . . " " right of way: however, if it is found that any installment 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 requested by the State. The City, at their discretion, may elect to accelerate the aforementioned payment schedule in order to accelerate the acquisition of the right of way. Upon completion of the project and in the event the amount as paid by the City is more than 10% of the cost of the right of way, then any excess amount will be returned to the City. Cost of the right of way acquired by the State shall mean the total value of compensation to owners for their property interests either by negotiation or eminent domain. CITY OF LA PORTE , TEXAS EXECUTION RECOMMENDED: I By:QJ~ ~~ ~p City Manager ~~uJ~ ~~ District Engineer - - THE STATE OF TEXAS ~ - A'l'I'EST: - e ~~'.:fi~ :/ " City Sec1;.~t,ftry -- ~- .~~.