|
<br />~
<br />'0::::..,.
<br />.~-
<br />
<br />Form ROW-RM-129
<br />Replaces Form ROW-RM-129 and ROW-RM-130
<br />Rev. 3/2004
<br />GSD-EPC
<br />Page I of2
<br />
<br />AGREEMENT TO CONTRIBUTE FUNDS - LOCAL GOVERNMENT
<br />
<br />County: Lamar
<br />District: Paris
<br />
<br />Federal Project No:
<br />Highway: Loop 286
<br />
<br />ROWCSJNo: 1690-01-101
<br />
<br />This Agreement by and between the State of Texas, acting by and through the Texas Department of
<br />Transportation, hereinafter called the State, and City of Paris, Texas, acting by and through its duly authorized
<br />officials pursuant to an Ordinance or Order dated the day of hereinafter called the Local
<br />Government, shall be effective on the date of approval and execution by and on behalf of the State.
<br />
<br />WHEREAS, the State and the Local Government hereby agree to enter into a contractual agreement to acquire
<br />right of way for a highway project on Highway No. Loop 286 with the following project limits:
<br />From: US 82 (West of Paris)
<br />
<br />To: FM 137; and
<br />
<br />WHEREAS, the Local Government requests that the State assume responsibility for acquisition of all
<br />necessary right of way for said highway project; and
<br />
<br />WHEREAS, the Local Government desires to voluntarily contribute to the State funding participation as
<br />defined in 43 T AC, S 15.55 for the cost of acquiring said right of way for the proper improvement of the State
<br />Highway System;
<br />
<br />NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be derived
<br />therefrom, the Local Government shall contribute to the State an amount equal to ten percent (10%) of the cost
<br />of the right of way to be acquired by the State and shall transmit to the State with the return of this agreement,
<br />duly executed by the Local Government, a warrant or check payable to the Texas Department of Transportation
<br />in the amount of Four Thousand Dollars ($ 4,000.00 ), which represents ten percent (10%) of Forty Thousand
<br />Dollars ($40,000.00), the estimated total cost of the right of way. If however, it is found that this amount is
<br />insufficient to pay the Local Government's obligation, then the Local Government will within thirty (30) days
<br />after receipt of a written request from the State for additional funds, transmit to the State such supplemental
<br />amount as is requested. Upon completion of the highway project and in the event the total amount as paid by the
<br />Local Government is more than ten percent (10%) of the actual cost of the right of way, any excess amount will
<br />be returned to the Local Government by the State.
<br />
<br />In the event any existing, future, or proposed Local Government ordinance, commissioners court order, rule,
<br />policy, or other directive, including but not limited to those concerning outdoor advertising, are more restrictive
<br />than State law, policy, or directive, and thereby result in any increased costs, then the Local Government will
<br />pay one hundred percent (100%) of all such increased costs, even if the applicable county qualifies as an
<br />economically disadvantaged county. The amount of the increased costs associated with the existing, future, or
<br />proposed Local Government ordinance, order, rule, policy, or other directive will be determined by the State at
<br />its sole discretion.
<br />
<br />The cost of providing such right of way acquired by the State shall mean the total value of compensation paid,
<br />either through negotiations or eminent domain proceedings, to the owners for their property interests, including
<br />but not limited to utility owners involving expenses related to the relocation, removal or adjustment of eligible
<br />utilities.
<br />
<br />EXHIBIT A
<br />
|