R-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