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:
�-
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William D. Tate
Mayor
ATTEST:
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Linda Huff
City Secretary
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ORD. NO. 95-18 2
� APPROVED AS TO FORM:
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John F. Boyle, Jr.
City Attorney
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ORD. NO. 96-18 3