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4B-R-02-22 - 7/25/2002 RESOLUTION NO. R-02-22 WHEREAS, the Round Rock Transportation System Development Corporation ( "Corporation") wishes to enter into an Agreement to Contribute Funds with the Texas Department of Transportation for the relocation of utilities for a highway project on US 79 from east of FM 1460 to west of FM 1460 more specifically described as from C.R. 195 to 1500 ' west of FM 1460 as shown on the attached Exhibit "B" , 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 for the relocation of utilities for a highway project on US 79 as described above, 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 July, 2002 . ::ODMA\WORLDOX\O:\WDOX\RESOLUTI\RRTSDC\0022.WPD/sc ROUND ROCK TRANSPORTATION SYSTEM DEVELOPMENT CORPORATION By: NyL• 2 - _)Eui,� President ATTEST: W. 74c6-44-24"--- /4444 if rgOe / Secretary 2 rr.vww. 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:0204-01-055 ROW Account No:8014-2-29 Highway:US 79 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 251 day of October, 2001 and approved by the City Council of Round Rock,Texas by a resolution dated the 25th day of October 2001, 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 US 79 with the following project limits: From: East of FM 1460 To:West of FM 1460;and WHEREAS,the Corporation requests that the State assume responsibility for relocation of all eligible utility relocations 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 eligible utility relocations 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 eligible utility relocations 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 Thirty-Thousand Dollars($30,000.00),which represents ten percent(10%)of Three-hundred-thousand Dollars($300,000.00),the estimated total cost of eligible utility adjustments. 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 eligible utility relocations,any excess amount will be returned to the Corporation by the State. EXHIBIT "An • • Form ROW-RM-129 (Replaces Form ROW-RM-129 and ROW-RM-I30) Rev.9/2001 (GSD-EPC Word 97) Page 2 of 2 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. EXECUTION RECOMMENDED: Round Rock Transportation System Development Corporation District Engineer,Austin District By: Name: Title: Date: 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: • 1011 00 111\ ,t<�� ��♦♦ I. I♦ ♦♦♦11111\ �����•�1���j►►� IIIIt,,���,Q;♦♦♦ ♦II.0.,♦`1111�:�� dii :C �� tl\ 111► ♦ ♦♦ ♦ �= la► .. .w M I 101 1100 0 011111 AO ���� �I/I� fIC�=2 ICIr• ="� r.='-= WO x• 111 00111//: =\UIIIIt♦ ,♦♦���°moi IS to ES �♦ O:�:.; ► ►► ..011D t I �E 11 1111\ ■ ■ ala t911.� . 11110♦• 440, — ---- -- IMO MOV�rM C g:Itio,pO���•'1tluiastAm 11uno.%11►-- �►♦O 00101r11r1r �� �mmmr—. �1 I P-p�1��.. rAV is.�prrlrlurrr�r: 1111\ • Oiiiii: � iAN niiliE EMill 4 .t iP ��� -- 016 011 ism►f1111110 la: 1I I CA Ir v' ' . „"" mrr■rrr■rrrrr.*.N��� IIiO 0, 011 EN■11111■1111.1■rrr■ .���I��l\��1 `I jl moo•►► . 1111111 Srr■rrrrrrrrrrrrrrrr►� �rlrrlrrrrl�a Q I.• �� •Q►��. _4II11III : rin 01* V 42 ��IIIIIIII i. ■/• ► ,•..0 - -••ir►►w�11[�1111111 ===11111111H -2 ,►` .■■■■II�� 1 ■ 11►►•was*0♦0 0♦0/#41/ 2�: 1� , :a 11 ' s 111 -411111111 4111%.4%*i* • WOO * 1 I .0*- '•* is -::'►:�.2 ow%414P Mini • CR 195 NE B�1 ♦♦ 4 .111 ii Irlllll► 111■ _ ,O0 44 ■■11pj mrljrlllrr111■ �. O�Irllll%1111111 1111111 i �� I , 10 wellier■ 11111 Him is ►�Ii�� �rg1n11111►�i.. ■ s Erni""in allin ig rl■ 1 Mornal Wm, ��au X1111111 . ;.•; 16 ♦.�•;! 11111■ �►♦ i,, ■10 •►OrelIlike 44 4pi nni n1■P �]S IIS i��� 1 N a`�nd.Rr� EXHIBIT `: A-rUS 79 From FM 1460 to CR 195 3 t „B„ S P U'' 01$ Ar Texas Department of Transportation P.O. DRAWER 15426•AUSTIN, TEXAS 78761-5426•(512) 832-7000 June 27,2002 Agreement to Contribute Funds Account No. 8014-2-29 CSJ 0204-01-055 Williamson County US 79: From East of FM 1460 To West of FM 1460 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 US 79 within the above project limits which will begin in the near future. When the Round Rock Transportation System Development Corporation enters into the attached Agreement to Contribute Funds on behalf of the City of Round Rock, the Corporation will be required to contribute 10%of the estimated cost of the relocation of eligible utility adjustments. The initial contribution of$30,000.00 is based upon current estimates made by our office in the amount of$300,000.00. If, as the project progresses,it is found that this amount is insufficient to cover the Corporation's obligation,then upon request,the Corporation 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. Attached are the original and three copies of the Agreement to Contribute Funds 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 of the estimated 10%share. If additional information is needed concerning this matter,please do not hesitate to contact this office at 832-7237. Sin,e ely fp4 if( • Shelly W.E•.ley / Supv.Right +f Way Agent SE Attachments RECEIVED JUL 5:2 An Fnua!Onnortunity Employer Form ROW-RM-129 Co py (Replaces Form ROW-RM-129 and ROW-RM-130) Rev.9/2001 (GSD-EPC Word 97) Page 1 of 2 I .. AGREEMENT TO CONTRIBUTE FUNDS-LOCAL GOVERNMENT County:Williamson Federal Project No:NA ROW CSJ No: 0204-01-055 ROW Account No: 8014-2-29 Highway:US 79 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 2001, 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 US 79 with the following project limits: From: East of FM 1460 To:West of FM 1460;and WHEREAS,the Corporation requests that the State assume responsibility for relocation of all eligible utility relocationsfor 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 eligible utility relocations 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 eligible utility relocations 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 Thirty-Thousand Dollars($30,000.00),which represents ten percent(10%)of Three-hundred-thousand Dollars($300,000.00),the estimated total cost of eligible utility adjustments. 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 eligible utility relocations,any excess amount will be returned to the Corporation by the State. • Form ROW-RM-129' (Replaces Form ROW-RM-129 and ROW-RM-130) Rev.9/2001 - - (GSD-EPC Word 97) • Page 2 of 2 r . 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. EXECUTION RECOMMENDED: Round Rock Transportatio u . •ste.. i-velo.• -nt Corp,ration District Engineer,Austin District By: � _ Name: N /rnx•x W Title: PE-ES/L&'1/ Date: 7-a,5- Dot 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: DATE: July 22, 2002 SUBJECT: Transportation System Development Corporation—July 25, 2002 ITEM: S.A. Consider a resolution authorizing the Round Rock Transportation System Development Corporation to enter into an Agreement to Contribute Funds with the Texas Department of Transportation for a highway project on US79. Resource: Tom Word,Director of Transportation Services History: On July 25, 2002, the Round Rock Transportation System Development Corporation entered into a Funding Agreement with the State of Texas in which the Corporation agreed to pay 10% of the eligible costs associated with relocating and adjusting utilities for the proposed US 79 Road project. This expenditure is also included in the Corporation's currently approved Transportation Capital Improvement Program. In the agreement,the Texas Department of Transportation is responsible for the management of the utility adjustments on US 79 from east of FM1460 to west of FM1460 and payment of adjustment costs for the Corporation. The initial contribution of$30,000 is based on TxDOT's current cost estimates for the relocations in the amount of$300,000.