O-1353-9-95ORDINANCE NO. 1353-9-95
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, DETERMINING THAT THE CITY OF
ALLEN REQUESTS THE TEXAS DEPARTMENT OF
TRANSPORTATION TO OBTAIN THE NEEDED RIGHTS OF WAY
FOR S.H. 5, THAT THE CITY AGREES TO PAY 10% OF THE COST
OF SUCH ROW AND THAT THE CITY WILL NOW PAY $87,000.00
TOWARD THE COST OF THE ROW.
WHEREAS, the State has previously requested the City to enter into a contractual agreement and
acquire right of way for a highway project on State Highway 5, from Chaparral Road to Exchange
Parkway; and,
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) percent
of the cost of the said right of way for the proper development and construction of the State Highway
System; and,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS THAT:
SECTION 1: The city will sign an agreement with TXDOT for the planning and construction of
this roadway.
SECTION 2: The city will send $87,000.00 to TXDOT for the 10% estimated cost of the ROW.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, ON THIS THE 7 TH DAY OF SEPTEMBER, 1995.
APPROVED:
Gf 'A���
oe Farmer, MAYOR
r�
APPROVED AS TO FORM ATTEST:
A. Don Cro der, CIT'YA—TTORNEY Jkdy M rison, CMC, CITY SECRETARY
Texas Department of Transportation
Foran D-15-129 Rev. 9/91
Agreement to Contribute Funds
(City Form)
THE STATE OF TEXAS
COUNTY OF TRAVIS
Contract No.
c0py
County Collin
Federal Project No.
CSJ No. 0047-09- OZ(o
ROW
4 - -
ROW Account No.801 - 0
This Agreement by and between the State of Texas, acting by and through the Texas Department of
Transportation, hereinafter called the State, and Allen ,
Texas, acting by and through its duly authorized official under Ordinance dated the
7th day of 19_g5_ , hereinafter called the City, shall be effective
on the date of approval an execution 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. 5 with the
following project limits:
From: Chaparral Rnnd
To: ExrhangP Parkwnjr ; and
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 Transportation in the amount of Eighty -Seven Thousand and No/loo ---------- =Dollars
($87,000.00 ------- ), 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 eminent domain proceedings.
CITY OF / ALLEN , TEXAS E ON RECO NDED:
By: %�
Mayor rG District Pixecr
T STATE F TEXAS
A RT -
Ordinance No. 1353-9-95
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 Transportation Commission
under the au of Minute r els
By:
for of Right of W
Date: 9 �'" 1--
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally
appeared DEBBIE TACKETT, who having been by me duly sworn,
on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a
newspaper published in COLLIN COUNTY, TEXAS, not less frequently than
once a week, having a general circulation in said county, and having been
published regularly and continously for more than twelve (12) months
prior to publishing
Ordinance #1353-9-95
of which the attached is a true and written copy, and which was published
in THE ALLEN AMERICAN on
September 13 & September 16, 1995
and which was issued on
September 13, 1995
by City of Allen of COLLIN COUNTY, TEXAS
A printed copy of said publication is attached hereto.
SUBSCRIBED A D S ORN to before me this
day A.D. 19_9
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee 5 2 2. 5 0
V. A. TODD
MY COMMISSION EXPIRES
Decombei- 6, 1996
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held ori Thursday,
September 7, 199 (Title Only)„
Ordinance No. 1353-9-95: An ordinance of
the City of Allen, Collin County, Texas, De-
termining that the City of Allen Resquests
the Texas Department of Transportation to
Obtain the Needed Rights -Of -Way (ROW)
for SH 5, that the City Agrees to Pay'10% of
the Cost of Such ROW and that the City
Will Now Pay $87,000 Toward the Cost of
the ROW.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circles, Allen,
Texas 75013.
/s/SJudy Morrison
City Secretary
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Couj)Eil adopted the following ordinance at
their regular meeting held on Thursday,
September 7, 1995 (Title Only)
Ordinance No. 1353-9-95: An ordinance of
the City of Allen, Collin County, Texas, De-
terMijNng that the City of Allen Resquests
the Texas Department of Transportation to
Obtain the Needed Rights -Of -Way (ROW)
for SHV5, that the City Agrees to Pay 10% of
the"Cbst of Such ROW and that the City
Will,tow Pay $87,000 Toward the Cost of
the ROW.
_A copy_of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, Allen,
Texas 75013.
/s/ Judy Morrison
City Secretary