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HomeMy WebLinkAboutORD 1996-018 ORDINANCE NO. g6-�g AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS APPROVING AN AGREEMENT WITH THE STATE OF TEXAS AUTHORIZING THE CITY TO ACQUIRE RIGHT-OF-WAY AND EASEMENTS WITHIN THE NORTHWEST HIGHWAY (BS 114L) CORRIDOR FROM STATE HIGHWAY 1 14 TO STATE HIGHWAY 26 FOR THE STATE; ADDRESSING REFUNDING OF ACQUISITION COSTS TO THE CITY BY THE STATE; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine desires to acquire the necessary right-of-way and easements to expedite the Northwest Highway Reconstruction Project, (BS 1 14L) from State Highway 1 14 to State Highway 26; and WHEREAS, the City acknowledges that the full cost of the appraisal services and third party acquisition services and 10% of the acquisition costs shall be the responsibility of the City; and �- WHEREAS, the State shall fund 90% of the right-of-way and easement acquisition costs and any title insurance costs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . That all matters stated in the preamble of this ordinance are true and correct and are hereby incorporated into the body of this ordinance as if copied in their entirety. Section 2. That the City Manager is hereby authorized to execute on behalf of the City an agreement between the City and the State, Exhibit "A" attached hereto and made a part hereof, for the City's acquisition of right-of-way and easements in the Northwest Highway corridor (BS 1 14L1. Section 3. That the initial cost for said right-of-way and easement acquisition � . shall be borne by the City during the acquisition process, including title insurance cost. Section 4. The City shall have the right-of-way and easement takings appraised ��,.� and shall acquire said right-of-way and easements in accordance with approved TxDOT Acquisition Rules and Regulations. Section 5. That the State shall refund to the City, upon receipt of appropriate documentation of right-of-way and easement acquisition, 90% of the costs for said right-of-way and easement acquisitions. Section 6. That the City shall pay 10% of the cost of acquisition of the right- of-way and easements, and 100% of the appraisal services and any third party acquisition services required. Section 7. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 8. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of Anril , 1996. APPROVED: �- v - - William D. Tate Mayor ATTEST: _ ��� Linda Huff City Secretary ��,� ORD. NO. 95-18 2 � APPROVED AS TO FORM: . ._�._. F _._ � � �-.�.;��c'ri--z=- John F. Boyle, Jr. City Attorney �:�:.,. ��:.;, ORD. NO. 96-18 3