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HomeMy WebLinkAboutR-1073-2-92RESOLUTION NO. 1073-2-92(R) A RESOLUTION OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF ALLEN WITH THE STATE OF TEXAS VOLUNTEERING THE CITY TO CONTRIBUTE FUNDS TOWARD RIGHT-OF-WAY ACQUISITION FOR THE CONSTRUCTION OF THE WIDENING OF U.S. 75 . WHEREAS, the State Department of Highways and Public Transportation (SDHPT) has let construction contracts for the widening of U.S. 75 through the city limits of Allen, Texas; and, WHEREAS, certain parcels of right-of-way must be obtained through acquisition by the State; and, WHEREAS, the City of Allen has volunteered to contribute ten percent (10%) of the right-of-way costs; and, WHEREAS, the SDHPT has estimated the right-of-way costs for parcel 1 to be $75,000; and, WHEREAS, the City Council of the City of Allen, Collin County, Texas, has approved and authorized the Mayor to execute this agreement on behalf of the City of Allen to participate in 10% of the acquisition cost for this parcel; and, WHEREAS, the City Council of the City of Allen has approved and authorized the City to disburse funds in the amount of $7,500 to the SDHPT based upon their estimate of right-of-way cost for this parcel of $75,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS: SECTION 1: That the certain agreement dated February 6, 1992, between the City of Allen and the State Department of Highways and Public Transportation (SDHPT) volunteering the City to contribute 10% of the right-of-way acquisition cost for parcel 1 on the State of Texas right-of-way map for the widening of U.S. 75 is hereby approved. SECTION 2: That the Mayor of the City of Allen is hereby authorized to execute the agreement on behalf of the City. SECTION 3: That the City of Allen will deposit funds in the amount of $7,500 representing 10% of the estimated acquisition cost of such parcels. SECTION 4: That this resolution shall take effect immediately after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, 014 THE 6th DAY OF FEBRUARY , 1992. ATTEST: APPROVED: Q5u4�P J y Mo"on, on, CITY SECRETARY ce Farmer, MAYOR ffr�� CITY OF ALLEN TO: JON MC CARTY, CITY MANAGER FROM: BI TTY, DIR. OF COMMUNITY DEVELOPMENT SUBJECT: ADDITIONAL RIGHT-OF-WAY FUNDING FOR THE WIDENING OF U.S. 75 DATE: NOVEMBER 24, 1993 BACKGROUND At their February 6, 1992, regular meeting, the City Council adopted Resolu- -- tion No. 1073-2-92(R). This resolution was in response to a request from the State Highway Department to approve and authorize the Mayor to execute an agreement on behalf of the City of Allen with the State of Texas volunteering the City to contribute funds toward right-of-way acquisition for the construc- tion of the widening of U.S. 75. You will recall that that agreement estimated the right-of-way cost for the parcel of land to be acquired to be $75,000 with the City's 10% participation funding to be in the amount of $7,500. You will also recall that the agreement stated that should the parcel of land be less, the City would be reimbursed, or, if it should be more, the City would be billed. TXDOT has now notified the City of Allen that the original estimate of cost was grossly understated, and that the anticipated cost instead of $75,000 will be $210,000. In keeping with the terms of the agreement, the City's 10% participation requirement is now increased from the $7,500 that was previously paid to TXDOT to a participation cost of $21,000. TXDOT has now request- ed that the City submit the additional amount of our 10% participation, which should be in the amount of $13,500. I am enclosing the original correspondence and a copy of the resolution for the Council's review. In addition, you will find attached the most recent request from TXDOT asking that the City forward the additional funds to them for the right-of-way acquisition. ONE BUTLER CIRCLE ALLEN, TEXAS 75002 , 214/727-0100 �k, Page 2 U.S. 75 ROW November 24, 1993 ANALYSIS The original resolution will stand because it referenced an estimate only. The contract calls for the City to be billed for the 10% participation cost. There- fore, action by the City Council should be to authorize the City Manager to disburse additional funds to TXDOT in the amount of $13,500 to satisfy the terms of the agreement between the State and the City. The original $7,500 contribution was paid from interest earned income; therefore, staff recommends the same funding source for this project. ATTACHMENTS Letter from TXDOT dated November 20, 1991 Staff memo dated January 27, 1992 - Council Resolution dated February 6, 1992 Agreement between City and State dated February 6, 1992 Letter from TXDOT dated October 28, 1993 CITY OF ALLEN PROJECT FUNDING STATUS REPORT This space reserved for future use Date of Request: 11/24/93 To Be Submitted to the City Council For Approval on: 12/2/93 Project Name: U.S. 75 RIGHT-OF-WAY Vendor: TXDOT P. O. BOX 3067 DALLAS TX 75221-3067 Contractor: SAME Project Manager: BILL PETTY Funding Source: G. O. BOND FUNDS - INTEREST EARNED Billing No.: Account No.: 03-06-00-4803 Final Billing (Type "yes" or "no"): Total Approved Budget: $ Invoice Amount This Billing: $13,500 Total Expenditure to Date: $ % Expenditure to Date of Total Approved Budget: % Change Work Orders: This Billing: Total: Dates of Service: Services Rendered: 10% PARTICIPATION IN PURCHASE OF RIGHT-OF-WAY FOR U.S. 75 Approval: Bill Petty Jon McCarty Texas Department of Transportation P.O. BOX 3067 • DALLAS, TEXAS 75221-3067 • (214) 320-6100 October 28, 1993 Collin County ROW CSJ 0047-06-095 Account 8018-01-94 US 75: From 0.1 Mile North of Bethany Road To South of SH 121 Mr. Jon McCarty, City Manager City of Allen One Butler Circle Allen, Texas 75002 Dear Mr. McCarty: We must advise you that present appraised values for right of way on the above captioned project have exceeded the original estimate by $135,000.00. Please be advised =k, that we will need the local contribution (10%) of this overage before we can continue acquisition procedures. Your local contribution amount is $13,500.00. When we receive these funds we will resume acquisition of this right of way. We must also advise you that should cminent domain proceedings be necessary the cost of the right of way could increase. Should you have questions or require further information please contact Travis Henderson at (214) 320-6263. TH:vh Sincerely, John V. Blain, Jr., P.E. Director of Transportation Planning and Development An Equal Opportunity Employer CITY OF ALLEN TO: JON MC CARTY, CITY MANAGER FROM: BIli ETTY, DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: WIDENING OF U.S. 75 FROM NORTH OF BETHANY TO SOUTH OF S.H. 121 DATE: JANUARY 27, 1992 BACKGROUND The widening of U.S. 75 from north of Bethany to south of S. H. 121 in Allen by the SDHPT has revealed a necessity to acquire one parcel of right-of-way within the Allen jurisdiction. This parcel is located at_ the southeast corner of Allen Drive and U.S. 75 . Under the State's right-of-way procedure, the State will handle the acquisition of all right-of-way provided the City of Allen will advance to the State 10% of the estimated cost prior to the initiation of right-of- way acquisition. The SDHPT has estimated the cost of this parcel to be approximately $75,000; therefore, the City's estimated contribution would be $7,500. In order to proceed, the SDHPT requires that the City enter into a contract and submit at this time the 10% of the esti- mated cost. Adjustments over or below the final cost of right-of-way will be billed to or credited to the City of Allen on the same 10% partic- ipation. ANALYSIS The City Council at their regular meeting on February 6, 1992, should consider the attached resolution authorizing the Mayor to enter the City into contract for participation of 10% of the right-of-way costs and the disbursement to the SDHPT of the City's check in the amount of $7,500 at this time. RECOMMENDATION IStaff recommends that the City Council at their regular meeting on February 6, 1992, adopt the attached resolution authorizing the Mayor to enter the City into a contract to participate with the SDHPT to the extent of 10% of the right-of-way costs (estimated to be $75,000, and to disburse funds to the SDHPT in the amount of $7,500 at this time. ONE BUTLER CIRCLE ALLEN, TEXAS 75002 214/727-0100 Page Two Widening of U.S. 75 January 27, 1992 The funding source used in the past for these projects has been interest earned income; the most recent case being the City's partici- pation with the State in obtaining right-of-way at the corner of Beth- any and U.S. 75 for Phase 1 of the widening of U.S. 75 . Therefore, staff recommends this same funding source for this project. TEXAS DEPARTMENT OF TRANSPORTATION P. O. Box 3067 Dallas, Texas 75221-3067 November 20, 1991 Collin County CSJ 0047-06-089 U. S. Highway 75 From: To: Mr. Jon McCarty City Manager City of Allen One Butler Circle Allen, Texas 75002 Dear Mr. McCarty: North of Bethany Road South of State Highway 121 raP(K�¢ndI Y NOV Z 1 1991 CITY of ALLEN CITY MANAGER We are pleased to inform you that the State Department of Highways and Public Transportation Commission has approved the subject project for construction. The project was approved by Minute Order No. 83001 passed on April 18, 1985. We will soon be ready to proceed to the right of way acquisition phase of project development. For the portion of the project within the City of Allen, we anticipate acquiring one parcel of land. Under our alternate right of way procedure, the State will handle the acquisition of all right of way provided the City of Allen will advance to the State 10 % of the estimated cost prior to the initiation of right of way acquisition. Based on the requirements for right of way shown on the attached maps, we estimate the total cost of right of way and eligible utility adjustments for this project will be $ 75,000.00. The State will begin work on this project as soon as the City of Allen executes the enclosed Agreement To Contribute Funds, sends us a check in the amount of $ 7,500.00 to cover the City's 10 %, and the final approval is received from our administration in Austin. It is requested that three (3) copies of the agreement, each with original signatures, be returned to us together with the City's check for the above amount payable to " Texas Department of Transportation". A certified copy of the City Council Resolution authorizing the signing of the agreement must also be furnished. An Equal Opportunity Employer (2) Mr. Jon McCarty City Manager City of Allen November 20, 1991 You are also reminded that in the event the right of way costs should exceed $75,000.00, we will require the City of Allen to pay 10 % of any additional amount. Likewise, in the event these costs should be less than the estimated amount, the State will refund 10 % of the difference to the City. Please contact Harlan E. Moore at (214) 320-6267 if there are questions or if we may be of further assistance. Sincere James M �u<I/ District Engineer JMH:HM/ hm Enclosures cc:D-15 John V. Blain, Jr., P. E. Jay R. Nelson P. E. Bill Lovil P. E. �i Agreement to Contribute Funds (City Form) THE STATE OF TEXAS � Contract No. COUNTY OF TRAVIS County Collin Project No. U.S. 75 CSJ No. 0047-06-089 Account No. This Agreement by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the State, and _Lh_e_C__itY of Allen officials under Ordinance dated the (� day of +Texas, acting by and through its duly authorized shall be effective on the date of approval and execution by and on behalf ofithe S 'hereinafter called the City, WHEREAS, the State had requested the City to enter into a contractual agreement and acquire right of way on the following project: Highway Limits _U-;. Hizhwav 75 From: North of Bethany Road To: South of S.H::' 121 x 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 fun equal to ten p the right of way, for the proper development and construction of the State Highway Syss em;nt (10170) of the cost of 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 (10%) 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, executed by the City, a warrant or check payable to the Texas Department of Transportation in the amount of Seven Thousand Five Hund a Dollars (S 7. OO,QO ), which represents 10% 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 Statr, will forthwith supplement this amount in such amount as requested by the Static. Upon completion of the project and in the event the amount as paid 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. This agreement is approved and executed by and on behalf of the State on the date shown hereinafter. CITY OF _ LLF , TEXAS EXECUTION RECOMMENDED: By. ' Kayo, Dena Ervi war ATTEST: THE STATE OF TEXAS C "n d As WrV aaeq/ed for V+s purpor and effect d sc&, .a end/a � out Texm Tnruportatbn Corm�italor� rams haralofor� APP WW and tuthoA=ad by tis 8V: CCVdor d Weft d Wes OeN: RESOLUTION NO. ' 7 - , - `i .,L 6<' I A RESOLUTION OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF ALLEN WITH THE STATE OF TEXAS VOLUNTEERING THE CITY TO CONTRIBUTE FUNDS TOWARD RIGHT-OF-WAY ACQUISITION FOR THE CONSTRUCTION OF THE WIDENING OF U.S. 75. WHEREAS, the State Department of Highways and Public Transportation (SDHPT) has let construction contracts for the widening of U. S. 75 through the city limits of Allen, Texas; and, WHEREAS, certain parcels of right-of-way must be obtained through acquisition by the State; and, WHEREAS, the City of Allen has volunteered to contribute ten percent (10%) of the right-of-way costs; and, WHEREAS, the SDHPT has estimated the right-of-way costs for parcel 1 to be $75,000; and, WHEREAS, the City Council of the City of Allen, Collin County, Texas, has approved and authorized the Mayor to execute this agreement on behalf of the City of Allen_ to_ participate in 10% of the acquisition cost for this parcel; and, WHEREAS, the City Council of the City of Allen has approved and authorized the City to disburse funds in the amount of $7,500 to the SDHPT based upon their estimate of right-of-way cost for this parcel of $75,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY O& ALLEN, COLLIN COUNTY, TEXAS: SECTION 1: That the certain agreement dated February 6, 1992, between the City of Allen and the State Department of Highways and Public Transportation (SDHPT) volunteering the City to contribute 10% of the right-of-way acquisition cost for parcel 1 on the State of Texas right-of-way map for the widening of U.S. 75 is hereby approved. SECTION 2: That the Mayor of the City of Allen is hereby authorized to execute the agreement on behalf of the City. SECTION 3: That the City of Allen will deposit funds in the amount of $7,500 representing 10% of the estimated acquisition cost of such parcels. SECTION 4: That this resolution shall take effect immediately after its passage. DULY PASSED AND APPROVED BY`j;E CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE /: , QDAY OF 1992. ATTEST: Judy Morrison, CITY SECRETARY Joe Farmer, MAYOR