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Ordinance No. 6,082911125 --2 ORDINANCE NO. 6082 AN ORDINANCE AUTHORIZING THE PAYMENT OF TEN THOUSAND AND N01100 ($10,000.00) DOLLARS TO THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AS THE FIRST INSTALLMENT FOR RIGHT -OF -WAY ACQUISITION AND UTILITY ADJUSTMENT COSTS ALONG SPUR 330; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the State Department of Highways and Public Transportation has made estimates for the right -of -way and utility adjustment costs on Spur 330 and has informed the City of Baytown that its share is $84,000.00; and WHEREAS, as the first TEN THOUSAND AND NO 1100 ($10,000.00) DOLLARS must be paid to begin preliminary appraisals; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown hereby authorizes the payment of TEN THOUSAND AND N01100 ($10,000.00) DOLLARS to the State Department of Highways and Public Transportation as the first installment for right-of-way acquisition and utility adjustment costs along Spur 330. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 25th day of November 1991. '00� Z26� MARIO ELGADO, a or Pro Tempore ATTEST: EI EEN P. HALL, City Clerk ACIO RAMIREi�,S R City Attorney C:1:78:6 A(REEMENT TO CONTRIBUTE FUNDS (CITY FORM) STATE OF TEXAS COUNTY Harris PROJEdT 0508- 07-025 COUNTY OF TRAVIS HIGHWAY Spur 330 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 The City of Baytown , Texas, acting by and through its duly authorized officials under Ordinance dated the 25th day of _ Nnvemher ! 19__U_, hereinafter called the City, shall be effective 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 ;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 (10 %) of the cost of the right of way, for the proper development and construction of the State Highway System; and WHEREAS, the City wishes to contribute this ten percent (10 %) of the cost of the right of way in incrememtal payments in accordance with the following schedule: ten thousand Dollars $10,000 _upon execution of agreement —seventy-four thousand Dollars $74,000 on or before April 30, 1992 Dollars on or before '_VOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be 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 State Department of Highways and Public transportation in the amount of ten thousand Dollars __$10,000 as partial payment of the aforementioned ten percent (10 %) cost. The city will contribute to the State the balance of the ten percent (10 %) in incremental payments in accordance with the following schedule: Dollars on or before ° Dollars on or before The above contributions constitute _ eighty -four thousand Dollars which represents 10% of the estimated cost of the right of way; however, if it is found that any installment is insufficient to pay the City's obligation, then the City, upon reequest 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. This agreement is approved and executed on behalf of the State this day of , 19 City o Baytown , Texas B THE STATE OF TEXAS 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 State Highway and Public Transportation Commission: By: Right of Way Engineer Executed and approved for State Highway and Public Transportation Commission under authority of Commission Minute No. and A.O. RECOMMENDED FOR APPROVAL: District Engineer A,REEMENT TO CONTRIBUTE FUNDS (CITY FORM) STATE OF TEXAS COUNTY Harris PROJECT 0508-07-025 COUNTY OF TRAVIS HIGHWAY Sour 330 got a- a- t�_ 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 The Citv of Bavtown , Texas, acting by and through its duly authorized officials under Ordinance dated the 25th day of November , 19 91 , hereinafter called the City, shall be effective 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 Spur 330 8012-2-16 From -I.H. 10 To Loop 201 ;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 (10%) of the cost of the right of way, for the proper development and construction of the State Highway System; and WHEREAS, the City wishes to contribute this ten percent (10%) of the cost of the right of way in incrememtal payments in accordance with the following schedule: O ten thousand Dollars _,$10,000 upon execution of agreement seventy-four thousand Dollars $74,000 on or before April 30, 1992 O Dollars on or before NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be 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 State Department of Highways and Public transportation in the amount of ten thousand Dollars $10,000 as partial payment of the aforementioned ten percent (10%) cost. The city will contribute to the State the balance of the ten percent (10%) in incremental payments in accordance with the following schedule: O Dollars on or before O Dollars on or before The above contributions constitute eighty-four thousand Dollars $84,000 which represents 10$ of the estimated cost of the right of way; however, if it is found that any installment is insufficient to pay the City's obligation, then the City, upon reequest 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. This a Bement is approved and executed on behalf of the State this day of n k ary 19 q1 City of Baytown , Texas THE STATE OF TEXAS 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 Statelilghway and Public T portati mmission: By: i t ay Engineer Executed and approved for State Highway and Public Transportation Commission under authority of Commission Minute No. and A.O. RECOMMENDED FOR APPROVAL: ,�is�ict Engineer