07-C ROW Improvement Loop 286-HWY 82W

Home Browse Search

~ '-. 1I.t~~ Fonn ROW-RM-129 Replaces Fonn ROW-RM-129 and ROW-RM-130 Rev. 3/2004 GSD-EPC Page I of2 AGREEMENT TO CONTRIBUTE FUNDS - LOCAL GOVERNMENT County: Lamar District: Paris Federal Project No: Highway: Loop 286 ROW CSJ No: 1690-01-101 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 Paris, Texas, acting by and through its duly authorized officials pursuant to an Ordinance or Order dated the day of hereinafter called the Local Government, shall be effective on the date of approval and execution by and on behalf of the State. WHEREAS, the State and the Local Government hereby agree to enter into a contractual agreement to acquire right of way for a highway project on Highway No. Loop 286 with the following project limits: From: US 82 (West of Paris) To: FM 137; and WHEREAS, the Local Government requests that the State assume responsibility for acquisition of all necessary right of way for said highway project; and WHEREAS, the Local Government desires to voluntarily contribute to the State funding participation as defined in 43 T AC, S 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 Local Government 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 Local Government, a warrant or check payable to the Texas Department of Transportation in the amount of Four Thousand Dollars ($ 4,000.00 ), which represents ten percent (10%) of Forty Thousand Dollars ($40,000.00), the estimated total cost of the right of way. Ifhowever, it is found that this amount is insufficient to pay the Local Government's obligation, then the Local Government 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 Local Government is more than ten percent (10%) of the actual cost of the right of way, any excess amount will be returned to the Local Government by the State. In the event any existing, future, or proposed Local Government 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 Local Government 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 Local Government ordinance, order, 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 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 uti I ities. EXHIBIT A.