R2001-0084 06-25-01 RESOLUTION NO. R2001-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY'S PARTICIPATION IN THE COSTS
ASSOCIATED WITH THE ACQUISITION OF RIGHT-OF-WAY AND THIRD
PARTY UTILITY ADJUSTMENTS FOR THE STATE HIGHWAY 35
PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain agreement by and between the City of Pearland and the
Texas Department of Transportation, a copy of which is attached hereto as Exhibit "A" and
made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manageror his designee is hereby authorized to execute
and the City Secretary to attest an agreement with the Texas Department of Transportation
for the City's participation in the costs associated with the acquisition of right-of-way and
third party utility adjustments for the State Highway 35 Project.
PASSED, APPROVEDandADOPTEDthisthe 25 dayof ,June ,
A.D., 2001.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
R200~-84
AGREEMENT TO CONTRIBUTE FUNDS
THE STATE OF TEXAS Brazoria County
Construction CSJ 0178-02-055
ROW CSJ 0178-02-072
COUNTY OF TRAVIS SH 35
Account No. 8012-02-039
THIS AGREEMENT by and between the State of Texas, acting by and through the
Texas Department of Transportation, bereinafmr called the State, and Pearland,
Texas, acting by and through its duly authorized official under Ordinance dated the
.20'~ day of ~Y~ e_ ., 2003 hereinafter called the City shall be effective on
the date of approval and execution by and on behalf of the State.
WHEREAS, the State has previously requested the City to enter into a contractual
agreement and acquire right of way for a highway project on SH 35 with the
following project limits:
From: Harris County Line
To: FM 518 .; and
WHE~REAS, the City has now requested that the State assume responsibility for
acquisition of all necessary right of way for said highway project; and
WHEREAS, the City desires to voluntarily contribute to the State funds equal to ten
percent (10%) of the cost of the right of way, including any necessary eligible
utilities, for the proper development of the State Highway System; and
WHEREAS, the City will contribute $314,900 to the State as partial contribution of
funds for acquisition of right of way; and
WHEREAS, the City wishes to contribute the remaining portion of the ten percent
(10%) of the cost of right of way in incremental payments in accordance with the
following schedule:
· One Hundred Fifty Seven Thousand Four Hundred Fifty Dollars $157,450 on or
before December 1, 2001
· One Hundred Fifty Seven Thousand Four Hundred Fifty Dollars $157,450 on or
before June 1, 2002
NOW, T}IEREFORE, in consideration of the foregoing premises and the mutual
benefits to be derived therefrom, the City 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 return this agreement, executed by the City to the Texas Department of
Transportation, and shall contribute to the State the balance of ten percent (10%) in
incremental payments. The above contributions constitute Six Hundred Twenty Nine
Thousand Eight Hundred Dollars ($629,800) which represents ten percent of the
estimated cost of the right of way; however, if it is found that any installment is
insufficient to pay the City's obligations, then the City, upon request of the State, will
forthwith supplement this amount in such amount as requested by the State. The City,
at their discretion, may elect to accelerate the aforementioned payment schedule in
order to accelerate the acquisition of the right of way. Upon completion of the project
and in the event the amount paid by the City is more than 10% of the cost of the right
of way, then any excess amount will be returned to the City. Cost of the right of way
acquired by the State shall mean the total value of compensation to owners for their
property interests either by negotiation or eminent domain and any necessary eligible
utility adjustments.
This agreement is approved and executed by and on behalf of the State on the date
shown hereinafter.
BY: City tdan~a~2~age'~P'r~'''-'''~ -- ~mee~
ATTEST: THE STATE OF TEXAS
~ ~x,. ~L~ c~ Certified as being executed for the
· Melinda K:Wetsh purpose and effect of activating
Deputy CitySecretary and/or carrying out the orders,
established policies or work
programs heretofore approved and
authorized under the authority of
Minute Osd3m / od) o~.~ ./~
fiirector of