HomeMy WebLinkAboutC2010-005 - 1/19/2010 - Approved,.~"".~
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Form ROW-RM-129
Replaces Form ROW-RM-129 and ROW-RM-130
(Rev. 6/2006)
GSD-EPC
Page 1 of 2
AGREEMENT TO CONTRIBUTE FUNDS -LOCAL GOVERNMENT
City: City of Corpus Christi Federal Project No: N/A ROW CSJ No: 2343-01-034
District: Corpus Christi Highway: FM 2444 Const.CSJ No: 2343-O1-031
This Agreement by and between the State of Texas, acting by and through the Texas Department of
Transportation, hereinafter called the State, and the City of Corpus Christi, Texas, acting by and through its
duly authorized officials pursuant to an Ordinance or Order dated the ~~~ day of ~cir- ,
2 ,hereinafter called the Local Government, shall be effective on the date of approval and executio by and
o ~ehalf of the State.
WHEREAS, the State and the Local Government hereby agree to enter into a contractual agreement to acquire
right of way and adjust utilities for a highway project on Highway No. FM 2444 with the following project
limits: On Staples St. From Saratoga Blvd. To Oso Creek Bridge; and
WHEREAS, the Local Government requests that the State assume responsibility for acquisition of Parcels 2,
3, 4, 6, 8, 9, 10, 11, 12, 13, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 29, 30, 31, 32, 33, 35, 36, 37, 38, 40, 41, 44, 45,
46, and 47 and adjustment of utilities for said highway project; and
WHEREAS, the Local Government desires to voluntarily contribute to the State funding participation as
defined in 43 TAC, § 15.55 for the cost of acquiring said right of way and relocating or adjusting utilities 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 in the amount of One Hundred Thousand and
No/100 Dollars ($100,000.00), which represents ten percent (10%) of One Million and No/100 Dollars
(1,000,000.00), the estimated total cost of the right of way to be acquired by the State and all of the compensable
utilities. 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. 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, plus costs related to the relocation, removal or
adjustment of eligible utilities.
Whenever funds are paid by the Local Government to the State under this agreement, the Local Government
shall remit a warrant or check made payable to the "Texas Department of Transportation Trust Fund." The
warrant or check shall be deposited by the State in an escrow account to be managed by the State. Funds in the
escrow account may only be applied to this highway project. 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, or upon written request
of the Local Government, the excess amount may be applied to other State highway projects in which the Local
2010-005
Res. 028461
01/19/10
TxDOT `N~~:~D
Form ROW-RIvl-129
Page 2 of 2
FM 2444
RCSJ: 2343-01-034
In the event any existing, future, or proposed Local Government ordinance, commissioners court order, rule,
policy, or other directive, including, but not limited to, outdoor advertising or storm water drainage facility
requirements, is more restrictive than State or federal regulations, or any other locally proposed change,
including, but not limited to, plats or re-plats, results in any increased costs to the State, 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, commissioners court order, rule, policy, or other
directive will be determined by the State at its sole discretion.
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 (FHWA) 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 FHWA 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. An entity that is the subject of an audit or investigation must provide the state auditor with access to
any information the state auditor considers relevant to the investigation or audit.
THE LOCAL GOVERNMENT
Title: ~ . ~G~;p F-'
Date: ~ ~ q (~
Appru"v'et~as~
Veronica Ocanas ~~~
Assistant City Attorney
For Clty Attorney
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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.
John P. Campbe , P.E.
Right of Way Division Director
Date: O/'<"~'~!>
Date: 1 ~ ~ d