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2006-117-RES-Agreement to contribute funds for improvements loop 286 - hwy 82 - fm hwy 137 RESOLUTION NO. 2006-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ACCEPTING RESPONSIBILITY FOR 10% OF THE COST OF RIGHT -OF-WAY FOR THE IMPROVEMENT OF LOOP 286 FROM US HIGHWAY 82 (WEST OF PARIS) TO FM HIGHWAY 137; AUTHORIZING THE EXECUTION OF A CONTRACTUAL AGREEMENT TO CONTRIBUTE FUNDS - LOCAL GOVERNMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Department of Transportation is requesting the City of Paris to enter into a contractual agreement and to pay for 10% ofthe right-of-way costs for a State highway project on Loop 286 from US Highway 82 (West of Paris) to FM Highway 137; and, WHEREAS, the City desires to voluntarily contribute to the State, funds equal to 10% of the cost of the said right-of-way for the proper development and construction of the project; and, WHEREAS, the completion of the improvement to Loop 286 is crucial to the enhancement of circulation and safety; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the City of Paris, Texas, accepts responsibility for 10% of the cost of said right-of-way which is currently estimated at $40,000.00 for the improvement of Loop 286 from US Highway 82 (West of Paris) to FM Highway 137. The Department of Transportation will be responsible for acquiring all property required for the project. Acquisition procedures will be in accordance with policies of the Texas Department of Transportation and with applicable Federal and State laws governing the acquisition policies for acquiring real property. Section 3. That the Mayor of the City of Paris be and is hereby authorized to execute an agreement to contribute funds with the Texas Department of Transportation on behalf of the City of Paris, attached hereto as Exhibit A. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 28th day of August, 2006. ATTEST: APPROVED AS TO FORM: ~\ / ^:-I;~ .~-p~_J, / If-lJ 1 V.. ,.~~ -'i.... ohn D. Lestock, Assistant City Attorney ~ '0::::..,. .~- Form ROW-RM-129 Replaces Form 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 ROWCSJNo: 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. If however, 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 utilities. EXHIBIT A Form ROW-RM-129 Rev. 3/2004 Page 2 of2 The Local Government shall maintain all books, papers, accounting records and other documentation relating to costs incurred under this agreement and shall make such materials available to the State and, if federally funded, the Federal Highway Administration (FHW A) or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this agreement or until any impending litigation, or claims are resolved. Additionally, the State and FHW A and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts, and transcriptions. The State auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this agreement or indirectly through a subcontract under this agreement. Acceptance of funds directly under this agreement or indirectly through a subcontract under this agreement acts as acceptance of the authority of the State auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. THE LOCAL GOVERNMENT EXECUTION RECOMMENDED: By: Richard Manning Bobby G, Littlefield, Jr., P.E. District Engineer, Paris District Title: Mayor Date: Au~ust 28, 2006 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: