2007M01-FM3009
ORDINANCE NO. 07-M-01
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT WITH THE
TEXAS DEPARTMENT OF TRANSPORTATION TO CONTRIBUTE
FUNDS RELATING TO IMPROVEMENTS TO FM 3009; AND OTHER
MATTERS IN CONNECTION THEREWITH
WHEREAS, the City Council (the "City Council") of the City of Schertz, Texas (the
"City") has determined that it is in the best interest of the City to enter into an agreement with
the State of Texas, acting through the Texas Department of Transportation (the "State"), to
acquire a right-of-way and adjust utilities for a highway project on that portion of highway FM
3009 located between highways IH 35 and FM 2252 and within the City limits, containing the
terms described herein; and
WHEREAS, the City desires to voluntarily contribute to the State funding participation
as defined in 43 TEX. ADMIN. CODE S 15.55 (2006) (Tex. Dept. of Transp., Construction Cost
Participation) for the cost of acquiring said right-of-way and relocating or adjusting utilities for
the proper improvement ofthe State Highway System;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver an agreement to contribute funds and related documentation. Such agreement shall have
terms consistent with the terms set forth on Exhihit A attached hereto.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a
part of the judgment and findings of the Council.
Section 3. All ordinances, or parts thereof, which are in conflict or inconsistent with
any provision of this Ordinance are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Ordinance and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the Council
hereby declares that this Ordinance would have been enacted without such invalid provision.
20178387.2
1
Section 6. It is officially found, determined, and declared that the meeting at which
this Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 7. This Ordinance shall be in force and effect from and after its final passage
and any publication required by law.
PASSED AND APPROVED on first reading this the 19th day of December, 2006.
PASSED, APPROVED, AND ADOPTED on second reading this the 2nd day of January,
2007.
CITY OF_SC~TZ, TEXAS
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Mayor
ATTEST:
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It S-ecret~y
(CITY SEAL)
20178387.2
2
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Form ROW RIvl-129D
(Rev 6/2006)
GSD FPr
Page 1 or2
AGREEMENT TO CONTRIBUTE FUNDS - LUCAL GOVERNMENT
(Donated Property In Lieu Of Mouetary Payment)
County:
District: San Antonio
Federal Project No NI A
Highway FM 3009
ROW CSJ No'
This Agrt:ement by and between the Slate of Texas, acting by and through the Texas Department of Transportation,
hereinafter called the State, and City of Schertz, Te!,~s, acting by and through its duly authorized officials pursuant to an
Ordinance or Order dated the J.. rxL day of lH N , 200.1-, hereinafter called tht: Lot:al Government,
shall be effective on the datf? of approval and execution bJ' and on behalf of the State.
\\-'HEREAS, the State and the Local Government hereby agree to enter mto a contrachlal agreement to acqUire rIght of way
and adjust utilities for a highway projeu on High\\'ay No. FM 3009with the following project lImits:
From: lntcrstate Highway 3~
To. Farm to Market Road 2252
\VHEREAS, the Local Government requests that the St.ate assume responsibility for acquisition of all necessary right of
way and adjustment of utilities for said highway project; and
WHEREAS, the Local Government deSIres tn voluntarily contribute to the State funding participatIOn as defined in 43
T AC, 5}15.55 for the cost of acquirmg said right of way and relocating or adjustmg utilities for the proper improvement of the
State Highway System;
NOW, THEREFORE, in consideration of the foregomg prenuses and the mutual benefits to bc derived therefrom, the Local
Government shall contrihute to the State an amount equal to ten percent (10%) of the cost of the right of way to be acquired
by the State. The Local Goverument shall prtor to release of the project by Right of Way Division, or withm thirty (30) days
from rel.:eipt uf the State's written notification, whichever is earlier, transnut to the State a warrant or check III the amount of
THREE HUNDRED SIXTY FOUR THOUSAND AND NOlI 00 Dollars ($ 364,000.00), wluch represents ten percent 110%)
THREE MILLION SIX HUNDRED FORTY THOUSAND AND NOIlOO Dollars ($3,640,000.00), the estimated total cost
of the right of way. This monetary payment is subject to reduction based on the value of the Local Government's real
property donatIOns, if any, as described below If however, It IS found that the estimated amount IS Insufficient to pay the
Local Government's obligation, then the Local Goyernment WIll WIthin thirty (30) days after receipt at a \\flltten request
from the State for additional funds, transmit to the State such supplemental amount as is requested. The cost ofprovldmg
such right of way acquired by the State shall mean the total value of compensation paid, either through negotIations or
ermnent domain proceedings, to the owners for their property interests, plus costs related to the relocation, removal or
adjustment of elIgIble utll1ties.
\Vhcnevel fund... 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 TransportatlOfI Tru~t 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 achIal 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 lU which the Local Government is participatmg, either alternative being subject to donatIOn
ilmitations as described belo\\!
In the event any eXisting, future, or proposed Local Government ordinance, commissioners court order, rule, policy, or other
directive, including but not ltmlted to outdoor actver1lsing or storm water draInage facility reqUlrements, is more restrictive
than State or federal regulations, or any other locally proposed change, includmg, but not !inuted to plats or re-plats, results
m 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
. .
, .
rormROW-RM-129D
(Rev. 612006)
Page 2 of2
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.
Donations of real property 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 real property, other than pr..........'1 which is already dedicated and/or in use as a public
road, donated by the Local Government to the State shall be based on the property's fair market value established as of the
effective date ofthis agreement. The fair market valuc shall not include increases 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 fair market value of the donated
property. Such documentation shall include an appraisal of the property by a licensed appraiser approved by the Texas
Department of Transportation, Right of Way Division, The cost of appraisal will be the responsibility of the State. The State
will review the submitted documentation and make a final determination ofvalue; provided however, the State may perform
any additional investigation deemed necessary, including supplemental appraisal work by State employees or employment of
fee appraisers. Credit shall be given only for property transferred at no cost to the State after the effective date of this
agreement and the State's issuance of a letter of funding authority, and only for property which is necessary to complete this
project. has title acceptable to the State, and is not contaminated with hazardous materials. Credit shall be in lieu of monetary
contributions required to be paid to the State for the Local Government's funding share of the right of way to be acquired
for this project. The total credit cannot exceed the Local Government's matching share of the right of way obligation under
this agreement, and credits cannot be reimbursed in cash to the Local Government, applied to project phases other than right
of way, nor used for other projects. In the event the Local Government's monetary contributions to the State for acquisition
of right of way, when added to its donation credits. exceed the Local Government's matching share of the right of way
obligation, there will be no refund to the Local Government of any portion of its contributed money.
The Local Government shall maintain all books, papers, accounting records and other documentation relating to costs
incurred under this agreement and shall make such materials available to the State and, if federally funded, the Federal
Highway Administration (FHW A) 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. Additiona)]y, the State and FHWA and their duly authorized representatives
shall have access to all the govermnental records that are directly applicable to this agreement for the purpose of making
audits, examinations, excerpts, and transcriptions. The State auditor may conduct an 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 any information the state auditor considers relevant to the investigation or audit.
THE LOCAL GOVERNMENT
EXECUTION RECOMMENDED:
~c~~::
Title: C;.L. N ltjUl.4iY P
'1 l I
Date: -#~ 75 - 6 "7
!;r/Ru
District Engineer, San A~ District
THE STATE OF TEXAS
Executed and approved for the Texas Transportation
Commission for the purpose and effect of activating
andlor carrying out the orders, established policies or
work programs heretofore approved and authorized
by the Texas Transportation Commission.
By: ~".?-- ~J~
John P. Campbell, P.E.
Right of Way Division Di~c~~~....,
Date: J / '''7 (, ,
PUBLIC NOTICE
ORDlNANC[ NO. 07-M-01
City of Schertz
AN ORDINANCE BY THE
CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS AU-
THORIZING AN AGREEMENT
WITH THE TEXAS DEPART-
MENT OF TRANSPORTATION
TO CONTRIBUTE FUNDS
RELATING TO IMPROVE-
MENTS TO FM 3009; AND
OTHER MATTERS IN CON-
NECTION THEREWITH.
Approved on first reading
this the 19TH day of December
2006.
PASSED, APPROVED,
AND ADOPTED on this the 2nd
day of January 2007.
IslHAL BALDWIN
Before me, the undersigned authority, on this day personally appeared Helen I. Ll Mayor
by me duly sworn, says on oath that she is Publisher of the Commercial Recorder, a ~~~:JUdYTOkar
general circulation in the City of San Antonio, in the State and County aforesaid, and 1)16 acratary
Ordinance No. 07-M-01 here to attached has been published in every issue of said newspaper on
the following days, to wit:
Affidavit of Publisher
STATE OF TEXAS
COUNTY OF BEXAR
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01/16/2007.
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Sworn to and subscribed before me this 16th day of of January, 2007,
7/7//'/I/Pl,a
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