HomeMy WebLinkAboutO-1991-1778
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ORDINANCE NO. 1778
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE TEXAS
DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND THE CITY OF LA
PORTE, FOR ADJUSTMENT OF THE CHEVRON AND MOBIL OIL CORPORATION
PIPELINES FOR THE SPENCER HIGHWAY PASS PROJECT; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. 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.
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
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated; 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 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 26th day of August, 1991.
CITY OF LA
A~tu-
Cherie Black .
City Secretary
SLate DeparLmenL or Iligbwa)'8
and Public Transporlauon
t'orm 0.15.146
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Agreement to Contribute Funds
(Ci ty Form - PASS Project)
COUNTY OF TRA VIS
I
I
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County Harris
Project No.
CSJ No,
Account No. 8020-12-11
THE STATE OF TEXAS
This agreement by and between the State of Texas, acting by and through the State Department of Highways
and Public Transportation, hereinafter called the State, and La Porte , Texas, acting by
and through its duly authorized officials under Ordinance dated day of
19 91 , hereinafter called the City, shall be effective on the date of approval
behalf of the State.
WHEREAS, the State and the City desire to enter into contractual agreements and acquire right of way on
the following projects:
Highway
Soencer
Account No.
8020-12-11
Limits
From Underwood to SH 146
; and,
WHEREAS, the City has now requested tht;lt 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 50 percent of the
cost of the 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 2L percent of t.he cost of the right of
way to be acquired by the State and shall transmit tQ the State with the return of this agreement, executed
by the City. a warrant or check payable to the State Department of Highways and Public Transportation in
the amount of Forty Three ThouSand--------------------------------"'Dollars
($ 43. 000 ), 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 requested by the
State. The City will be given full credit based upon the State's determined value._up ~,the amount of their
right of way obligation, for all right of way parcels acquired in the name of the State by donation or without
cost after the effective date of this contract.. Upon completion of the project and in the event the amount paid
and or credited is more than the City's right of way obligation then any excess amount previously paid by' the
City 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 t.heir propert.y int.erests either by negotiation or eminent. domain.
This agreement is approved and executed on behalf of the State this _ day of
::tyoyt:,J;; .~
By: 'dh. rfl# ~
--, Nla r
AIT~ ~
,
, Texas
EXECUTION RECOMMENDED:
District Engineer
THE STATE OF TEXAS
Certified as being executed for Lhe purpose and effect of
activating and/or carrying out the orders, eSlablished
policies, or work progrums heret.ofore approved Hnd autho.
rized by Lhe Slate Highways and Public Transportation
Commission under the authority of Minute Order
BY:
!tight Of'WllY t.:ngineer