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R-01-10-25-9F4 - 10/25/2001RESOLUTION NO. R- 01- 10- 25 -9F4 WHEREAS, the Round Rock Transportation System Development Corporation wishes to enter into an Agreement to Contribute Funds with the Texas Department of Transportation to acquire right -of -way for a highway project on FM 1460 from north of Old Settlers Boulevard to US 79, and WHEREAS, the City Council wishes to approve of such action, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS , That the City Council hereby approves the action of the Round Rock Transportation System Development Corporation in entering into an Agreement to Contribute Funds with the Texas Department of Transportation to acquire right -of -way for a highway project on FM 1460 from north of Old Settlers Boulevard to US 79, a copy of said agreement attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. sOOMa woacnox\os \WOx \RzSOLUTI \ , uioasra uen /aC ATTEST: RESOLVED this 25th day of October, 2001. CHRISTINE R. MARTINEZ, City Secret City of Round Rock, Texas 2 Form ROW -RM -129 (Replaces Form D -15 -129) Rev, 11/2000 (Electronic Version GSD -EPC Word 97) Page 1 of 2 THE STATE OF TEXAS COUNTY OF WILLIAMSON To: US 79; and AGREEMENT TO CONTRIBUTE FUNDS - CITY County: Williamson Federal Project No.: NA ROW CSJ No.: 2211 -02 -014 ROW Account No: 8014 - - Highway: FM 1460 This Agreement by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the State, and City of Round Rock, Texas, acting by and through its duly authorized officials under Ordinance dated the day of , 2001, hereinafter called the City, shall be effective on the date of approval and execution by and on behalf of the State. WHEREAS, the State and the City hereby agree to enter into a contractual agreement to acquire right of way for a highway project on Highway No. FM 1460 with the following project limits: From: 2.958 Miles North of US 79 WHEREAS, the City requests 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 funding participation as defined in 43TAC, §15.55 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 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, duly executed by the City, a warrant or check payable to the Texas Department of Transportation in the amount of Four - hundred - fifty- thousand Dollars ($450,000.00), which represents ten percent (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 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 percent (10 %) of the actual cost of the right of way, any excess amount will be returned to the City by the State. In the event any existing, future, or proposed City ordinance, rule, policy, or other EXHIBIT "An Forth ROW -RM -129 Rev. 112000 Paget oft directive, including but not limited to those concerning outdoor advertising, are more restrictive than State law, policy, or directive, and thereby result in any increased costs, then the City will pay one hundred percent (100 %) of all such increased costs, even if the County qualifies as a disadvantaged county. The amount of the increased costs associated with the existing, future, or proposed City ordinance, rule, policy, or other directive will be determined by the State at its sole discretion. The cost of providing such right of way acquired by the State shall mean the total expenses involved in acquiring the property interests either through negotiations or eminent domain proceedings, including expenses related to the relocation, removal or adjustment of eligible utilities. CITY OF ROUND ROCK, TEXAS By: Mayor ATTEST: EXECUTION RECOMMENDED: District Engineer, Austin District THE STATE OF TEXAS Executed and approved for the Texas Transportation Commission 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. By: John P. Campbell, P.E. Right of Way Division Director Date: FM 1460 from North of Old Settlers Blvd to US 79 oxra DATE: October 19, 2001 SUBJECT: City Council Meeting - October 25, 2001 ITEM: 9.F.4. Consider a resolution approving the action of the Transportation System Development Corporation concerning Agreement to Contribute Funds - City with the Texas Department of Transportation. Resource: Jim Nuse, Public Works Director Tom Word, Chief Traffic Engineer History: The Texas Department of Transportation is proposing to reconstruct FM 1460 from just North of Old Settlers Boulevard to US 79. The new roadway will be five lanes wide and will include curb and gutter, storm sewers, and side walks. This agreement would commit the City to fund 10% of the cost of right of way and eligible utility relocation costs, which are estimated by TxDOT to be $450,000. This project is included in the TCIP and is consistent with the City's Transportation Master Plan. Funding: Cost: $450,000 Source of funds: Transportation Capital Improvement Program Outside Resources: Texas Department of Transportation Impact/Benefit: Improved mobility and safety for motorists. This is a primary access route for Stony Point High School. Additionally, this project is located on the A.W. Grimes corridor, and will complement the City's projects on that arterial. Public Comment: Public involvement conducted by TxDOT. Sponsor: N/A Form ROW -RM -129 (Replacts Form D -15 -129) Rev, 11/2000 (Electronic Version GSD -EPC Word 97) Page 1 of 2 THE STATE OF TEXAS COUNTY OF WILLIAMSON To: US 79; and AGREEMENT TO CONTRIBUTE FUNDS - CITY County: Williamson Federal Project No.: NA ROW CSJ No.: 2211 -02 -014 ROW Account No: 8014 - - Highway: FM 1460 This Agreement by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the State, and City of Round Rock, Texas, acting by and through its duly authorized officials under Ordinance dated the 075 day of OCT: , 2001, hereinafter called the City, shall be effective on the date of approval and execution by and on behalf of the State. WHEREAS, the State and the City hereby agree to enter into a contractual agreement to acquire right of way for a highway project on Highway No. FM 1460 with the following project limits: From: 2.958 Miles North of US 79 WHEREAS, the City requests 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 funding participation as defined in 43TAC, §15.55 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 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, duly executed by the City, a warrant or check payable to the Texas Department of Transportation in the amount of Four - hundred - fifty thousand Dollars ($450,000.00), which represents ten percent (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 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 percent (10 %) of the actual cost of the right of way, any excess amount will be returned to the City by the State. In the event any existing, future, or proposed City ordinance, rule, policy, or other • 2 Form ROW -AM -129 Rev. 11/2000 Page 2of2 directive, including but not limited to those concerning outdoor advertising, are more restrictive than State law, policy, or directive, and thereby result in any increased costs, then the City will pay one hundred percent (100 %) of all such increased costs, even if the County qualifies as a disadvantaged county. The amount of the increased costs associated with the existing, future, or proposed City ordinance, rule, policy, or other directive will be determined by the State at its sole discretion. The cost of providing such right of way acquired by the State shall mean the total expenses involved in acquiring the property interests either through negotiations or eminent domain proceedings, including expenses related to the relocation, removal or adjustment of eligible utilities. n / Mayor �" ATTEST: 4 AIII.I /1VCite EXECUTION RECOMMENDED: District Engineer, Austin District THE STATE OF TEXAS Executed and approved for the Texas Transportation Commission 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. By: John P. Campbell, P.E. Right of Way Division Director Date: Texas Department of Transportation Agreement to Contribute Funds Account No. 8014 -2 -22 CSJ 2211 -02 -014 Williamson County FM 1460: From 2.958 Miles North of US 79 To US 79 Mr. Tom Word, Jr., P.E. City of Round Rock Traffic Engineer 221 East Main Street Round Rock, Texas 78664 Dear Mr. Word: P.O. DRAWER 15426 • AUSTIN, TEXAS 78761 -5426 • (512) 832 -7000 April 20, 2001 We would like to address the acquisition procedure for the improvement to FM 1460 within the above project limits which will begin in the near future. When the City enters into the attached Agreement to Contribute Funds (City Form), the City will be required to contribute 10% of the estimated right of way costs to include the relocation costs of eligible utility adjustments. The initial contribution is based upon current estimates made by our office. If, as the project progresses, it is found that this amount is insufficient to cover the City's obligation, then upon request, the City will need to supplement this amount as requested by the State. In the event any additional amount is paid, any overage of this amount will be returned at the close of the project. It has been determined that the City's estimated share of the eligible utility adjustments needed for this project totals $450,000.00. Attached are the original and three copies of the Agreement to Contribute Funds (City Form) for your execution at the next City Council Meeting. It will be necessary that a certified copy of the minutes of the meeting accepting the Agreement accompany the executed Agreement, along with a check in the above referenced amount to cover the City's estimated 10% share. If additional information is needed concerning this matter, please do not hesitate to contact this office at 832 -7237. SE Attachments An Equal Opportunity Employer RECEIVED APR 2 6 2001