HomeMy WebLinkAboutResolution No. 90-13 CITY OF THE COLONY, TEXAS
RESOLUTION NO. (~g~)~/~=~
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS AUTHORIZING
THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT WITH THE
STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR
THE ACQUISITION OF RIGHT-OF-WAY FOR THE EXPANSION OF STATE
HIGHWAY 121
WHEREAS, the capacity improvements to State Highway 121 are
imperative to the economic growth and safety of the City of The
Colony; and
WHEREAS, the four governmental bodies along the State
Highway 121 corridor are required to provide ten percent (10%) of
the Right-Of-Way acquisition costs; and
WHEREAS, the City of The Colony has been successful in
acquiring Right-Of-WaY donations with a value in excess of the
total required for the four governmental bodies; and
WHEREAS, the State Department of Highways and Public
Transportation will accept the Right-Of-Way donations in lieu of
the cash requirements through a four party agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That the City Manager is authorized to execute a
joint Letter of Agreement with the City of Lewisville, the City
of Frisco, and Denton County.
Section 2. That copy of such agreement shall be attached
hereto and made a part of this resolution, as Exhibit "A".
Section 3. That this resolution shall be effective from and
after it's passage.
PASSED AND APPROVED this /~Z~day of ~ , 1990.
Don An, rick, May~r - --
ATTEST:
P~tti Ao Hicks, City Secretary
THE
OLONY
CITY BY THE LAKE
April 17, 1990
Mr. James M. Huffman, P.E.
District Engineer
STATE DEPARTMENT OF HIGHWAYS
& PUBLIC TRANSPORTATION
P.O. Box 3067
Dallas, Texas 75221-3067
RE: CAPACITY IMPROVEMENTS TO S.H. 121
ELM FORK OF THE TRINITY RIVER TO DENTON/COLLIN COUNTY LINE
Dear Mr. Huffman:
The undersigned are in receipt of your letter of March 19, 1990,
regarding the need for letters of commitment to assure that local
governments will provide at least ten percent (10%) of the right-
of-way and utility relocation costs for the subject project, as
required by SDHPT policy. By this letter, each of the affected
local governments agrees to the following:
1) Through the efforts of the City of The Colony, substantial
donations of right-of-way have been obtained or are being
negotiated with Centex Corporation and International
Business Machines, Inc. The value of those donations, net
of the value of land owned by the State of Texas to be
quitclaimed to the donating property owners, is as
follows:
Centex Corporation - $1,090,929
IBM, Inc. - 1,058,712
Total $2,149,641
Should either or both of the Centex and IBM donations be
completed, the applicable above amounts will be used as a
credit to be applied against any obligation of local
governments as outlined below.
5151 North Colony Boulevard The Colony, Texas 75056-1219 (214) 370-1756 Metro 248-4341
2) The City of Lewisville has previously deposited with the
SDHPT the amount of $270,000, currently estimated to be
10% of the total ROW acquisition and utility relocation
costs within the City of Lewisville; the City has
requested that those funds be returned to them upon
execution of this letter agreement.
3) Upon completion of right-of-way acquisition and payment to
utility companies for utility line relocation, the SDHPT
will calculate the 10% share of such costs for each of the
affected local governments.
4) If the total of the 10% local shares is less than the
credit to be applied from the donation of either or both
of the Centex and IBM tracts, then the local governments
shall have no further obligation to the SDHPT for ROW
acquisition or utility relocation costs.
5) Should the total of the 10% shares of the local
governments exceed the credit to be applied from the
donation of either or both of the Centex and IBM tracts,
then such credit shall be applied againsf the individual
shares of the local governments as follows:
a) First to satisfy any obligation of the City of The
Colony;
b) Then to reduce any obligation of the City of
Lewisville by $270,000, the amount of funds
currently deposited with the SDHPT, unless said
deposit has been refunded to the City;
c) Then to reduce the remaining obligations of the
cities of Lewisville and Frisco and Denton County,
with each of the three entities receiving credit
against their obligation pro rata to the
proportion that such individual obligation bears
to the total obligation of the three entities.
6) Following application of the above credits, any remaining
balance due by any of the local governments shall be paid
to the SDHPT upon notice of the amount due as calculated
by this agreement.
Attached to this letter are copies of resolutions adopted by the
governing bodies of the respective local governments authorizing
the execution of this letter by the undersigned.
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April 17, 1990
April 17, 1990
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CITY OF THE COLONY CITY OF LEWISVILLE
Date: 1~ I~d9 Date:
CITY OF FRISCO DENTON COUNTY
By: By:
Title: Title:
Date: Date: