4B-R-01-16 - 10/25/2001 RESOLUTION NO. R-01-16
WHEREAS, the Round Rock Transportation System Development
Corporation ("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
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE ROUND ROCK
TRANSPORTATION SYSTEM DEVELOPMENT CORPORATION,
That the President is hereby authorized and directed to execute on
behalf of the Corporation 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 Board of Directors 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.
RESOLVED this 25th day of October, 2001 .
0:\wdox\RESOLUTI\rrtsdc\0016.WPD/sc
ROUND ROCK TRANSPORTATION SYSTEM
DEVELOPMENT CORPORATION
IP
ROBT. ' ' A. STLUKA, JR / President
ATTEST:
(LL4L--
Lioph
4b1 Secretary
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• • •
rw*al
of IhnitIartado.
Form ROW-RM-129
(Replaces Form ROW-RM-129 and ROW-RM-130)
Rev.9/2001
(GSD-EPC Word 97)
Page 1 of 2 •
AGREEMENT TO CONTRIBUTE FUNDS-LOCAL GOVERNMENT
County: Williamson Federal Project No:NA ROW CSJ No: 22111-02-014
ROW Account No: 8014-2-22 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 the Round Rock Transportation Development Corporation, a public instrumentality and non-
profit development corporation under the Development Corporation Act of 1979, as amended, Article 5190.6, V.A.C.S.,
Section 4B, as amended, acting by and through its duly authorized officers pursuant to a resolution dated the 25th day of
October, 2001 and approved by the City Council of Round Rock, Texas by a resolution dated the 25th day of October 2601,
hereinafter called the Corporation,shall be effective on the date of approval and execution by and on behalf of the State.
WHEREAS,the State and the Corporation 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
To:US 79;and
WHEREAS, the Corporation requests that the State assume responsibility for acquisition of all necessary, right of way for
said highway project;and
WHEREAS, the Corporation desires to voluntarily contribute to the State funding participation as defined in 43 TAC,
§15.55 for the cost of acquiring said right of way for the proper improvement of the State Highway System;
NOW,THEREFORE,in consideration of the foregoing premises and the mutual benefits to be derived therefrom,the
Corporation 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 Corporation,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 Four-million-five-hundred-thousand Dollars($4,500,000.00),the
•estimated total cost of the right of way. If however,it is found that this amount is insufficient to pay the Corporation's
obligation,then the Corporation will within thirty(30)days after receipt of a written request from the State for additional
funds,transmit to the State such supplemental amount as is requested. Upon completion of the highway project and in the •
event the total amount as paid by the Corporation is more than ten percent(10%)of the actual cost of the right of way,any
excess amount will be returned to the Corporation by the State.
In the event any existing, future,or proposed City of Round Rock ordinance,commissioners court order,rule,policy,or
other 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 Corporation will pay one hundred percent(100%)of all such
increased costs,even if the applicable county qualifies as an economically disadvantaged county.The amount of the increased
costs associated with the existing, future,or proposed City of Round Rock ordinance,order,rule,policy,or other directive
will be determined by the State at its sole discretion.
Donations of real property may be credited to the Corporation's funding obligation for cost of right of way to be acquired
for this project. Credit for all real property,other than property which is already dedicated and/or in use as a public road,
donated by the Corporation to the State shall be based on the property's fair market value established as of the effective date
of this agreement. The fair market value shall not include increases or decreases in value caused by the project and should
include the value of the land and improvements being conveyed,excluding any damages to the remainder. The Corporation
will provide to the State all documentation to support the determined fair market value of the donated
orm ROW-RM-129
(Replaces Form ROW-RM-129^2nd ROW-RM-130)
Rev.9/2001
(GSD-EPC Word 97)
Page 2 of 2
property. Such documentation shall include an appraisal of the property by a licensed appraiser approved by the Texas
Department of Transportation,Right of Way Division,unless the Corporation determines that an appraisal is unnecessary
because the valuation problem is uncomplicated and the fair market value is estimated at no more than$10,000.00. The cost
of appraisal will be the responsibility of the State. The State will review the submitted documentation and make a final
determination of value;provided however,the State may perform any additional investigation deemed necessary,including
supplemental appraisal work by State employees or employment of fee appraisers. Credit shall be given only for property
transferred at no cost to the State after the effective date of this agreement and the State's issuance of a letter of funding
authority,and only for property which is necessary to complete this project. Credit shall be in lieu of monetary contributions
required to be paid to the State for the Corporation's funding share of the right of way to be acquired for this project. The
total credit cannot exceed the Corporation's matching share of the right of way obligation under this agreement,and credits
cannot be reimbursed in cash to the Corporation,applied to project phases other than right of way,nor used for other
projects. In the event the Corporation's monetary contributions to the State for acquisition of right of way,when added to
its donation credits,exceed the Corporation's matching share of the right of way obligation,there will be no refund to the
Corporation of any portion of its contributed money.
The cost of providing such right of way acquired by the State shall mean the total value of compensation paid,either through
negotiations or eminent domain proceedings,to the owners for their property interests,including but not limited to utility '
owners involving expenses related to the relocation,removal or adjustment of eligible utilities.
EXECUTION RECOMMENDED:
• Round R k Transp. ation S,,tern D=velopment orporation
By:
/le
1G District Engineer,Austin District
. !�f
Name: fowler R• 57-14all3F .
Title: PAPE /DC/c)7 •
Date: PC// e) 0100Q.
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 here ofore approved and auth• ized
by the Texa r. t a "o
By: Ar. •
John P.P. Campbell,P
Right of Way Division Director
Date: oZ o'Z
Ar Texas Department of Transportation
P.O. DRAWER 15426•AUSTIN, TEXAS 78761-5426•(512) 832-7000
July 16, 2002
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 E MAIN ST
ROUND ROCK TX 78664
Dear Mr. Word:
Attached is the executed contractual agreement between the State and the Round Rock
Transportation System Development Corporation dated July 2, 2002. This contract has obligated
the State of Texas to acquire all parcels and adjust all eligible utilities and the Corporation to
contribute sufficient funds to cover 10% of the referenced costs.
If additional information is needed concerning this matter, please do not hesitate to contact this
office at=832-7237.
Siif 1 ,
411 //‘,„ va.67
Shelly W. Eaey
Supv. Right of Way Agent
SE
Attachment
An Equal Opportunity Employer
CITY OF ROUND ROCK
'ROUND ROCK,TEXAS INTEROFFICE MEMORANDUM
PURPOSE PASSION.PROSPERITY.
DATE: July 22, 2002
TO: Christine Martinez
Admin jV
FROM: Cindy Fronk �� alit 2
Public Works 4 200
RE: Original Funding Agreement: FM 1460
Attached is an original for your file/use.
Public Works Department
Ar Texas Department of Transportation
P.O. DRAWER 15426•AUSTIN, TEXAS 78761-5426•(512) 832-7000
March 6, 2002
Agreement to Contribute Funds
Account No. 8014-2-22
CSJ 221-02-014
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:
Attached are four original counterparts of the Agreement to Contribute Funds—Local
Government for the above captioned project. As discussed, this form as been adapted for
execution by the Round Rock Transportation Development Corporation. Please see to it
that all four counterparts are properly executed by the appropriate officer of the
corporation and returned to us. Once the contracts have been fully executed at the Right
of Way Division, an original will be returned to you for your file.
As set out in the agreement, the corporation is required to contribute 10% of the
estimated right of way cost, including the relocation cost of eligible utility adjustments.
Please also return a check from the corporation in the amount of$450,000.00, being the
initial estimated amount for the corporation's 10%right of way contribution. The
corporation should also understand that if this amount is not sufficient, then it will
provide supplementary funding as requested by us.
Thank you for your cooperation and attention to this matter. If you have questions or
need further information,please call me at 832-7219 or Shelly Easley at 832-7237. •
Sincerely
OF
Robert E. arwood
District Right of Way Director
cc: Robert L. Stuard, P.E.
John Wagner, P.E.
RECEIVED MAR 0 7 2002
An Equal Opportunity Employer
Texas Department of Transportation
P.O. DRAWER 15426•AUSTIN, TEXAS 78761-5426•(512) 832-7000
April 20, 2001
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:
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.
S'4 /
ely,
eat- iy �S. .• :y
• Supv. Rig!t o Way Agent
SE
Attachments
RECEIVED APR 2 6 2001
An Equal Opportunity Employer