Res 2002-024 - Laserfiche WebLink

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M~R 05 2003 11:27 FR TX DOT ROW 512 832 7248 TO 85123963796 P.03/04 ~ .....::.::.. 1-":..-- FOnT! ROW.RM.129 (Rcpl:lcCS Fornl ROW.RM.129 ;lI,d ROW-RM-130) Rev 9/200 I (GSD-Er>C Word 97) P~gl: J of 2 AGREEMENT TO CONTlUBUTE FUNDS - County; Hays ROW Account No: 8014-2-24 Federal Project No: NA Highway: FM 3407 This Agreement by and between the State of Texas, acting by and tl hereinafter called the S[:lle, and San Marcos, Texas, acting by and thI Ordinance or Order dated the 12 thlay of February , 2002, effective on thl! date of approval and execlIlion by and on behalf of the Sial WHEREAS, the State and the Local Government hereby agree to enter i for a highwilY project on Highway No. FM 3407 with the following projec From: lSOO Feet Southeast ofFM 2439 To; lH 35; and 109. 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 IS .55 for the cost of acquiring said right of WilY for the proper improvement of the State: Highway System; NOW, THEREFORE, in consideration of the foregoing premises and the murual benefits to be derived therefrom. the Local Government shall contribute to the Sta te an i1mount equal to ten percent (10%) of the cost of the right of way to be acquired by the: State and shall trilnsmit to the: State with the rerum of this agreement, duly executed by the Local Government, iI warrant or check payable to the Texas Department of Transportation in the amount of Two-Hundred-Forry-Five-Thousand Dollars ($ 245,000.00), which represents ten percent (10%) ofTwo-MiIlion-Four-Hundred-Fifty-Thousand Dollars ($ 2,450,000.00), 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 i1fter 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 Loral Government is more than ten percent (10%) of the actual cost of the right of way, any ex.cess amount will be rerumed to the Local Government by the State. In the event i1ny existing, future, or proposed Local Government ordinance, commissioners court order, rule, policy, or other directive, including but not limited to those concerning outdoor advertising, arc more restrictive than State law, policy, or directive, and [hereby result in any increased costs, then the Local Government ""';11 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. Donations of reill propcrty may be credited to the Local Government's funding obligation for cost of right of way TO be acquired for this project. Credit for all reill property, other than property which is already dedicate:d and/or in use as a public road, donated by the Local Government to the State shall bc based on the property's fair market vallle e:stablishcd as of the effective date of this aj;reement. The fair market value shall not include incre<lses or decreases in value caused by the project and should include the value of the land and improvements being conveyed, excluding any damages to the remainder. The Local Government will provide to the State all documentation to support the determined [air market value of the don<lted