HomeMy WebLinkAboutPR 15498: FM 365 PROJECT DEVELOPMENT - JADE AVE. TO SPUR 93Interoffice
MEMORANDUM
To: Mayor, City Council, and City Manager
From : Mark T . Sokolow, City Attorney d~,,,~ ~j ;may-e--'
Date: September 10, 2009
Subject: P. R. No. 15498
Special Council Meeting September 15, 2009
Attached is P. R. No. 15498 authorizing the Mayor to
execute an Agreement to Contribute funds as it pertains to
the development of the FM 365 Project from Jade Avenue to
Spur 93 with the City paying 10~ of the cost of the right
of way and such other costs as delineated in the agreement.
The City will need to deliver a check in the amouni~ of
$101,500 with the signed agreement. (ROW CSF No.: 0932-01-
100)
MTS:ts
Attachment
cc: Assistant City Manager/Administration
Director of Finance
County Commissioner Shane Sinegal
County Judge Ron Walker
County Attorney Jeff Bran=ick
z.pr15498_memo
P. R. No„ 15498
09/10/09 is
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT TO CONTRIBUTE FUNDS AS IT
PERTAINS TO THE DEVELOPMENT OF THE FM 365
PROJECT FROM JADE AVENUE TO SPUR 93 (ROW CSJ
NO.: 0932-01-100) (ACCOUNT NO. 303-1603-
591.89-00, CIP001)
WHEREAS, it is deemed in the best interests of the citizens to
entez• into an Agreement to Contribute Funds with the Texas
Depaz~tment of Transportation and the City of Port Arthur as to
acquire right of way and adjust utilities for a highway project on
Highway 365 from Jade Avenue to Spur 93; and
WHEREAS, the City shall contribute to the State an amount
equal. to ten percent (10~) of the cost of the right of way a:nd such
other costs as delineated in the agreement attached hereto as
Exhik~it "A" ; and
WHEREAS, the City will be required to immediately de=Liver a
check in the amount of $101,500 to the Texas Department of
Transportation Trust Fund with th.e signed agreement; and
WHEREAS, the City is also requesting that Jefferson County
participate in the costs in the amount of ~ of the local match; and
WHEREAS, the project shall be known as ROW CSJ NO.: 0932-01-
100, as delineated in Exhibit "A", attached hereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble
z.pr15998
are true and correct.
Section 2. That the Mayor is herein authorized to enter
into an Agreement to Contribute Funds with the Texas Department of
Transportation for the development of FM 365 from Jade AvE~nue to
Spur 93, ROW CSJ No.: 0932-01-100, in substantially the same form
as attached hereto as Exhibit "A".
Section 3. That the Director of Finance shall issue a
check: in the amount of $101,500 to the Texas Department of
Transportation Trust Fund, which shall be attached to the signed
agreement that will be delivered to the State of Texas.
Section 4. That Jefferson County is herein requested to
participate in ~ of the local match or reimburse the City the costs
thereof and the City Secretary shall send a certified copy of this
Resolution to the County Judge.
Section 5. That a copy of the caption of this Resolution
be sf>read upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of
A.D., 2009, at a Meeting of the City Council of
the City of Port Arthur, by the following vote: AYES:
Mayon
Counc:ilmembers
NOE~>
_=
z.pr15498
ATTEST:
MAYOR
CITY SECRETARY
APPROVED AS TO FORM:
i'~-~r ~,~cr--~
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
~~°
CITY MANAGER
APPROVED AS TO THE AVAILABILITY OF FUNDS:
~~~ ~ ~ ~,
DIRECTOR OF FINANCE ~-
z.pr15998
EXHIBIT "A"
,Texas Department of Transportation
8350 EASTER FREEWAY • BEAUMONT TX 77708 • (409) 892-7311
March 30, 2009
FM 365
City of Port Arthur
Jefferson County ~
ROW CSJ 0920-01-099 "
ROW CSJ 0920-01-10011//""
Honorable Deloris Prince
Mayor
City of'.Port Arthur
P. O. Box 1089
Port Arthur, Texas 77641
Re: Agreement to Contribute Funds
From: Spur 93 (WPA Rd.), East
To: US 69
and,
From: Jade Ave.
To: Spur 93
Dear Mayor Prince:
RECEIVE®
SEP 0 ,~ 2009
LEGAL DEPARTMENT
Thank :you for the City of Port Arthur's commitment to forward the development of the FM 365 projects.
As discussed in our last meeting a critical component to the development of these projects will be the
acquisition of the necessary right-of--ways. For the state to begin the right-of--way acquisition process, the
City of Port Arthur will need to enter in to a contractual agreement governing the respective responsibilities
of the parties and local funding match.
Enclosf; are three copies of the Agreement to Contribute Funds-Local Government needed for each project.
Please ;sign all three counterparts for each project and return them to our office for further handling. Along
with tl~e signed agreements please provide a certified copy of a resolution from the City Council
authorizing you to enter into the agreement. Lastly, on the return of the other documents please remit two
separate checks payable to the Texas Department of Transportation Trust Fund, in following amounts of
$558,000.00 (Spur 93 to US 69) and $101,500.00 (Jade Ave. to Spur 93).
We look forwa-•d to the successful completion of this needed project. I would like to take this opportunity
to express ow' appreciation of your efforts. We look forward to working with your office in the successful
completion of these needed projects. Should you require additional information I may be reached at
409/898-5740 or contact Mr. Sam Willey, District ROW Administrator at 409/898-5728.
Sincerely,
Phillip Lujan, P.E. "
Director of Transportation Plamiing
and Development
enclosures
An Equal Opportunity Employer
"~ .~,
Form ROW-RM-129
Replaces Form ROVV-RM-129 and ROW-RM-130
(Rev.G/2006)
GSD-EPC
Page l of 2
AGREEMENT TO CONTRIBUTE FUNDS -LOCAL GOVERNMENT
County: Jefferson Federal Project No: n/a ROW CSJ No: 0932-01-100
District: Beaumont Highway: FM 365
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 Port Arthur, Texas, acting by and through its duly
authorized officials pursuant to an Ordinance or Order dated the day of , 2009, hereinafter called the
Local Government, shall be effective orr 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 and adjust utilities for a highway project on Hi€;hway No. FM 365 with the following project limits:
From: Jade Ave.
To: Spur 93
WHEREAS, the Local Government requests that the State assume responsibility for acquisition of all
necessary right of way 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, tha; 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 ONE
THOUSAND FIVE HUNDRED & no/100 Dollars ($101,5(10.00), which represents ten percent (10°/~) of ONE
MILLION FIFTEEN THOUSAND & NO/100 ($ 1,015,000.00), 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. 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 oar adjustment
of eligible utiilities.
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
Government is participating.
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
Form ROW-ItM-129
(Rev. 6/2006)
Page 2 of 2
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 Gavernment shall maintain all books, papers, accounting records and other documentation relating to
costs incurred under this agreement and shall make such mal:erials available to the State and, if federally funded,
the Federal Hiighway 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 F'HWA 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 srn 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
airy information the state auditor considers relevant to the investigation or audit.
THE LOCAL GOVERNMENT
By:
EXECUTION RECOMMENDED:
District Engineer, Beaumont District
Title:
Date:
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: