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HomeMy WebLinkAboutResolution - 050870A - Contractual Agreement - Highway Commision - U.S. Highway 82 - 06/08/1970J:E W RESOLUTION WHEREAS, the City Council of the City of Lubbock finds that prompt action is necessary to expedite recovery from storm damage in certain areas of the City of Lubbock and. in addition to such clearance and recovery, commence on needed street and highway improvements within such damaged areas; and WHEREAS, the Texas Highway Commission by minute order Number 63878, nacted June 4, 1970, offered the cooperation of the Texas Highway Department in uch highway improvement program; NOW THEREFORE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council of the City of Lubbock hereby agrees to accept the pro- visions contained in Minute Order Number 63878 passed by the State Highway Com- mission on June 4, 1970 for the improvement of the Texas Highway Department of the streets described below: On U. S. Highway 82 in the City of Lubbock: From F. M. 2255 along Third and Fourth Streets on U. S. Highway 87. THAT the Mayor of the City of Lubbock BE and is hereby authorized to enter into the contractual agreement stated in Minute Order No. 63878 of the Texas High- way Commission dated June 4, 1970. A copy of such Minute Order and Agreement is attached hereto and shall be spread upon the minutes of the Council and as spreai upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 8th day of ,I/3une 1.970, GRANBERRY, MAYOR ATTEST: Lavknia Lowe, Ci Secretary -Treasurer APPROVED: Fred O. Senter, Jr., City Att ey I�g ""�.✓ v my COMMISSION _ STATE HIGHWAY ENGINEER DEWITT C. GREER, CHAIRMAN J. C. DINGWALL HERBERT C. PETRY, JR. TEXAS HIGHWAY DEPARTMENT -•- TT roRRis P. 0. Box 771 Lubbock, Texas 79408 June 8, 1970 IN REPLY REFER TO FILE NO. - Lubbock County Minute Order Number 63878 U. S. 82 From F. M. 2255 along Third and Fourth Streets to U. S. Highway 87 Mr. Bill Blackwell City Manager of Lubbock Box 2000 Lubbock, Texas 79408 Dear Mr. Blackwell: Attached is a copy of Minute Order No. 63878, passed by the Highway Commission on June 4, 1970. Also attached are some forms by which you accept the terms of this minute. In addition to the above are four copies of a contractual agreement between the city of Lubbock and the Texas Highway Department, which also needs to be executed by the Council. In regard to the contractual agreement that you will sign, we need from the City a list of available houses comparable to the residences that will be purchased in the immediate future on Third and Fourth Streets. What we mean by a list is: are there comparable houses available and in what general area. These are being handed to you in the interest of saving time in transmission. Yours truly; District Engineer District Fiye OLC/rmj Attachments Texas. Highway Department Fora D-15-33 Page 1 of 5 Rev. 10-64 CONTRACTUAL AGREEMENT FOR RIGHT OF WAY PROCUREMENT .(CITY FORM) STATE OF TEXAS COUNTY Lubbock PROJECT RW 8005-1-13 COUNTY OF TRAVIS HIGHWAY U. S. 82 This agreement entered.into this day of , 19 70 , by and between the State of Texas, acting by and through The Texas Highway Department, hereinafter called the State, and City of Lubbock, Lubbock County Texas, acting by and through its duly authorized official under dated ZZ - day of �/ , 19 70 hereinafter called t e �.ty. --7J` WHEREAS, the State has deemed it necessary to make certain highway improvements on Highway No. 82 From F.M. Road 2255 along Third and Fourth Streets To U. S. Highway 87 and which section of highway improvements will necessitate the acquisition of certain right of way, and WHEREAS, it is agreed that such right of way purchase shall be by joint effort of the State and the City; NOW, THEREFORE be it AGREED that acquisition of -such right of way shall be in accordance with the terms -of this contract. The State herebyauthorizes and requests the City to proceed with acquisition and the State agrees to reimburse the City for its share of the cost of such right of way providing such acquisition and reimbursement are accom- plished according to the provisions outlined herein and agreed to by both parties hereto. LOCATION SURVEYS AND PREPARATION OF RIGHT OF WAY DATA: XXi)i'XDL)XXXa� YX1XXMXz XThe City, will do the necessary preliminary engineering and title investigation in order to supply XYC XX&Xthe data and instrumentsnecessary to obtain acceptable title to the desired right of way. DETERMINATION OF RIGHT OF WAY VALUES: The City agrees to make a determination of property values for each right of way parcel by methods acceptable to the City and to submit to the State's District. Office a tabulation of the values so determined, signed by the appropriate City representative. Such tabulations shall list the parcel numbers, ownership, acreage, and recommended compensation.1 Compensation shall be shown in the component parts of land taken, itemization of improvements taken, damages, if any, (offset by enhancements, if any,) to the remainder, if any, and the amounts the total compensation will be reduced if the owner retains improvements. This tabulation shall be accompanied by an explanation to support the determined values, together with a s copy of information or reports used in arriving at all determined values. Such work will be performed by the City at its expense without cost participation by the State. The State will review the data submitted and may base its reimbursement on the values as determined by this review. The State, however, reserves the right to perform at its own expense -any additional investigation deemed necessary, including supplemental appraisal work by State employees.or by employment of fee appraisers, all as may. be necessary for determination of values to constitute the basis for State reimbursement.' Form D-15-37: Page-2 of 5 Rev. 10-64 If at any stage of the project development it is determined by mutual agreement between the State and the City that there should be waived the requirement that the City submit to the State property value' determinations for any part or all of the required right of way, the City will make appropriate written notice to the State of such waiver, such notice to be acknowledged in writing by the State.. In instances of such waiver, the State by its due processes andat its own ex- pense will make a determination of values to constitute the basis for State reimbursement. NEGOTIATIONS The State will notify the City as soon as possible as to the State's determination of value. Negotiation and settlement with the property owner will be the responsibility of the City without participation by the State; however, the City will notify the State immediately prior to closing the transaction so that a current title investigation may be made to determine if there has been any change in the title. The City will deliver properly executed deeds which together with any cura- tive_instruments found to be necessary. KXX3YZKKnVX �X,7-=T-kKXIK=YAXX=CaKK X. XXDMX tl9roperly vest title in the State for each right.of way parcel involved. The costs incidental to negotiation and the costs of recording the right of way assurance instruments will be the responsibility of the City. The cost of title xlxv�a k kkaJFfwil1 be the responsibility of the State. CONDEMNATION: Condemnation proceedings will be initiated at a time selected by the . City and will be the City's responsibility at its own expense except as hereinafter indicated. The City will obtain current title informa- .tion and engineering data at the time condemnation proceedings are to be initiated. Except as hereinafter set forth the City will concurrently file condemnation pro- -ceedings and a notice of lis pendens for each case in the name of the State, and in each case so filed the judgment of the court will decree title to the property con- demned in the name of the State. The City will accomplish the legal procedures and curative matters found to be necessary g,-xxx�x xh,n fulfilling the obligation to properly vest title in -the State of Texas. The City may, as set forth herein under "Excess Takings," and where it is determined. to be necessary, enter condemnation proceedings in its own name. Property acquired in the City's name must comply with the e ui.r,en ntthse t forth in the engineering o t,ain Cit data and title investigation previously y}� at such time as the City conveys said property.to the State. COURT COSTS, COSTS OF SPECIAL COMMISSIONERS' HEARINGS AND APPRAISAL EXPENSE Court costs and costs of Special Connnissioners' hearings assessed against the State or City in condemnation proceedings conducted on behalf of the State and fees incident there- to, will be paid by the City. Such costs and -fees, with the exception of recording fees, will be eligible for 50 per cent State reimbursement under the established reimbursement procedure provided such costs and.fees are eligible for payment by the State under existing State law. Where the City uses the State's appraisers employed on a fee basis in Special Commissioners' hearings or subsequent appeals, the cost of the appraiser of updating his report, of preparing new reports, preparing for court testimony and appearing in court to testify in support of his appraisal, will be paid direct by the City, but will be eligible for 50 per cent State reimbursement under established 'reimbursement procedure provided prior approval for such appraiser has been obtained from the State. The fee paid the appraiser by the. City shall be in accordance with the fee schedule set forth in the appraiser's contract for appraisal services with the State. Form D-15-3 7 Page 3 of S Rev. 10-64-_ EXCESS TAKINGS: In the event the City desires to acquire land in excess of that re- quested by the State for right of way purposes, the Staters cost participation will be limited to the property needed for right of way purposes. If the City elects to ac- quire the entire property, including the excess taking, by a single instrument of con- veyance.or in one eminent domain proceeding, the property involved will be acquired in the name of the City and that portion requested by the State for right of way will be conveyed to the State. When acquired by negotiation, the Statets participation will be based on the Staters approved value of that part requested for right of way pur- poses, providing such approved value does not Exceed actual payment made by the City. When acquired by condemnation, the Statets participation will be in the proportionate part of the final judgment amount computed on the basis of the relationship of the Staters approved value to the Statets predetermined value for the whole property. IMPROVEMENTS: Property owners will be afforded an opportunity in the negotiations to retain any or all of their improvements in the right of way taking. In anticipation of theowner desiring to retain his improvements, the Statets approved value will in- clude the amounts by which the upper limit of State participation will be reduced for the retention. It is further agreed that the upper limit for the Staters participa- tion in the Cityrs cost for an improved parcel will be reduced as shown in the Statets approved value where the owner retains an improvement which is to be moved by either the City or the owner. In the event the improvements which are, in whole or part, a part of the right of way taking are not retained by the owner, title is to be secured in the name of the State. The State will participate in the acquisition of a structure severed by the right of way line if the part of the house, building or similar struc- ture outside the right of way cannot be reconstructed adequately or there is nothing but salvage left, provided the Status value is established on this basis and provided title to the entire structure is taken in the name of the State. The State shall dis- pose of all improvements acquired. The net revenue derived by the State from the dis- position of any improvements sold through "the Board of Control will be credited to the cost of the right of way procured and shared with the City. RELOCATION OF UTILITIES: If the required right of way encroaches upon an existing utility located on its own right of way and the proposed highway construction requires the adjustment, removal. or relocation of the utility facility, the.State will estab- lish the necessity for the utility work. State participation in the cost of making the necessary change, less any resulting increase in the value to the utility and less any salvage value obtainable, may be obtained by either the "actual cost" or "lump sumo procedures. Reimbursement under "actual cost" will be made subsequent to the Cityrs certification that the work has been completed and.will be made in an amount equal to 50 per cent of the eligible items of cost as paid to the utility owner. The "lump sum" procedure requires that the State establish the eligibility of the utility work and enter into a three party agreement with the owners of the utility facilities and the City which sets forth the ex -act lump sum amount of reimbursement based on a prior appraisal. The utility will be reimbursed by the City after proper certifica- tion by the utility that the work has been done, said reimbursement to be on the basis of the prior lump sum agreement. The State will reimburse the City in an amount equal to 50 per cent of the firm commitment as paid to the utility owner. The foregoing is subject to the provision that the individual lump sum approved value shall not exceed $20,000, except as specifically approved by the State. In those cases where a single operation is estimated to exceed $20,000, the transaction will be brought to the atten- tion of the State for determination of proper handling based upon the circumstances involved. Such utility firm commitment will be an appropriate item of right of way. The adjustment, removal or relocation of any utility line on publicly owned right of. way by sufferance or permit will not be eligible for State reimbursement. The term "utility"'under this contract shall include publicly, privately, and cooperatively owned utilities. Form D-15-37 Page 4 of 5 Rev. 10-64 FENCING REQUIREMENTS: The City may either pay the property owner for his existing right of way fences based on the value such fences contribute to the part taken and damages for an unfenced condition resulting from the right of way taking, in which case the estimated value of such right of way fences and such damages will be in- cluded in the recommended value and the approved value, or the City may do,the fencing on the property ovnerts reimaining property. Where the City perform right ofwayfencing as a part of the total right of way consideration, neither the value of existing right ofwayfences nor damages for :an unfenced condition will be included in the recommended value or the approved value. State participation in the,Cityls cost of constructing right of way fencing on the property ownerls remainder may be based either on the actual cost of the fencing or on a predetermined lump sum amount. The State will be given credit for any salvaged fencing material and will not participate in any overhead costs. of the City. If State participation is to be requested on the lump sum basis, the State and the City will reach an agreement prior to the actual accomplishment of work as to the necessity, eligibility, aid a firm commitment as to the cost of the entire fencing work to be performed., The foregoing is subject to the provision that the lump sum approved cost shall not exceed $20,000, except as specifically approved by the State. In case the fencing is estimated to exceed $20,000, the transaction will be brought to the attention of the State for determination of proper handling based upon the circumstances involved. REIMBURSEMENT: The State will reimburse the City for right of way acquired after the date of this contract in an amount not to exceed 50 per cent of the cost of the right of way acquired in accordance with the terms and provisions of this agreement. The States reimbursement will be in the amount of 50 per cent of the Staters predetermined value of each parcel, or the net cost thereof, whichever is the lesser amount. If condemnation is necessary and title is taken as set forth herein under the section headed "Condemnation", the participation by the State shall be based on :the.final judgment, conditioned that the State has been notified in writing prior to the filing of such suit and prompt notice is also given as to all action taken therein. The State shall have the right to become a party to the suit at any time for all purposes, including the right of appeal at any stage of the proceedings. :All other items of cost shall be borne by the State and the City as provided by other provisions of this agreement. If a lump sum fencing or utility adjustment agreement has been executed the State ,will reimburse the City in the amount of 50 per cent of the predetermined lump sum cost of the right of way fencing or utility adjustment. If the City prefers not to execute a lump sum agreement for either fencing or utility. adjustments the State will reimburse on the actual cost of such adjustments. The City's request forreimbursement will be supported by a breakdown of the labor, materials and equipment used. GENERAL: It is understood that the terms of this agreement shall apply to new right of way authorized and requested by the Texas Highway,Department which is needed and not yet dedicated, in use or previously acquired in the name of the State or City .for highway, street, or road purposes. This agreement shall also apply, as to any Form D-15�-3 7 Page 5 of 5 Rev. 2- 68 existing right of way, to outstanding property interests not previously acquired and to eligible utility adjustments not previously made, as authorized and requested by the Texas Highway Department. It is understood that this contract shall be effective from and after the date of full execution by the State of Texas. it is further understood that if unusual circumstances develop in the right of way acquisition which are not clearly covered by the terms of this agreement, such un- usual circumstances or problems will be resolved by mutual agreement between the State and the City. CITY OF Lubbock , TEXAS THE STATE OF TEXAS BY: Certified as being executed for the Mayor purpose and.effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway Commission: By: State Highway Engineer Executed and approved for State Highway Commission under authority of Commission Minute 60394. ATTEST:. RECOMMENDED FOR APPROVAL District Engineer Program Engineer Chief .Engineer of Highway Design Right of Way Engineer Tex4 ' IIle)senW Mvarbmmt 66616-261-2m 1n quint. MINUTE 0E f Lubbock County Wage of - Pages District No. .� , WHEREAS, in LUBBOCK COUNTY, on U.S. HIGHWAY 82 1.Lwaha.CTty of Lubbock, the rapidly de ve aping traffic volum- requira that Immcdicto ccorrsidorcation be given to the development of an additional traffic facility in order to calleylate, current and. anticipated traffic .congcstion; and . . WHEREAS, engineering studies have established that Fourth S cect (Existinn U.S. High vray 82)'eannot be widened or expanded sufficiently,to handle ithe anticipated traffic volumes; and WHEREAS, the City.of Lubbock hm rcqucstcd assistance in thordevelopment. of a dual, one-way street system utilizing existing U.S. Highway 82 along Fourth Street for cost - bound traffic and Third Street for wcstbounal traffic between Frj;.-ri to Market Road 2255 and U.S. Highway 87; ax1 WHEREAS, this proposed two -street system is Included in the Uv6bbock Urbon Transpor- tation Plan which hw been approvod by the City o► Lubbock;.: NOW, THEREFORE, IT IS ORDERED that Third Street from a c; :±nnection with U.S. Highway 82, generally in tho vicinity of F.M. 2255, omt to M.S. Highway 87 be added to the State Highway System subjoct to the following c a-)ditionss k . F .. Temp. itlSTs�sy Deportment Form E3041• - - - - '�/�. "�i�'�y 7 ��'`�, District No. �� �--- -- MI `+1 �J M 0. '-� EeR Page ____ of Paso® Provided the City of Lubbock will: i . Pars and enforce such ordinances cz rn'ay be necessary to ultimately provide for oner-way tri. i s rmvements on Third and Fourth Strooi-s, regulate traMi c, prohibit parking along both streets bctwoen F.M. 2255 and U.S. 87 and provent encroaca,rri=t on the right of way, oil in accordanco with governing policia; and regulations of the Departr nnt. 2. Secure all necessary right of way and adjust utilities according to policies of tho Ter.,as Highway Department. 3. Control and regulate private drive very entrance.- and assume responsibility for the construction of driveways and sidewalks should they be deened neces- sary now or in the future and agrea to rnnKe such inztalla;io;u in accordance with the governing pelicic:, and regulations of the Department. 4. Maintain that portion of the future Improvem2, nts which is its responsibility In accordance with prc.ent m3intenanco cagroomont. The Texas Highway Department will: 1. Participates in the cost of right of way and utility adjwtrrdants in accordance with current law.-, and policies. 2. Provide for construction of necessary improvom. ntm in a future program of work. 3. -Maintain that portion of the future work which is its responsibility in accord - once with present maintenanco agreomant. 4. Pay for all relocation cwtstance required. the acceptance of tho provisions of this order by the City of Lubbock, the State Highway Enoincor is directed to proceed with tl;o davelopmcrit o; surreys and plans and to proceed with the execution of a contractual agreement for purchase of right of way. An initial incremental amount of $100,000.00 is hereby authorized to finance immediate protective acquisition of right of way with the understanding that additional funds will bo noc-Jed w curry out thoprovlsions of tnl, minute. It Is understood that the first phase of construction will provide for the reconstruction of Fourth Street for two-way operation and the second phase will provide for the reconstruction of Third Street for the ultimate one-way pattern. It is understood that the City may dischurg e its construction obligations as outlined herein in any manner c-, they may elect. In the event tho City desires the State to include their portion of tho wok in the Stae's construction contract, the State Highway Engineer is hereby eaeythorizcd to enter into agreement with the City for such work and its cost w may be rvrced uac,,•�. This oracr ¢hal l become, opcorative Ripon by tho City of Lubbock artal if not accepted within 90 days of the dallo htm;aa, tho action her®in contained shall be auto- maticolly cancelled. Submitted by; Examined and recommended by: (Title) Assistant State Highway Engineer Approved State Highway Engineer Approved: Commissioner Minute Number -- —_ Commissioner Date Passed d U ' f _Commissioner .90619-197.,r Selo . Note; This form is to be submitted in quintuplicate.