HomeMy WebLinkAboutResolution - 061460B - Contractual Agreement - ROW Procurement - Highway U.S. 84 - 06_14_1960 H. I c
OWWon
` RESOLUTION
WHEREAS , the State of Texas has deemed it necessary to make certain
highway improvements in conjunction with Highway No. U, Si 87 located be-
tween from a point approximately 600 feet South of the traffic circle and a
point 1800 feet Northwest of the traffic i drele, and which section of highway
improvements will necessitate the acquisition of certain right of way, and
WHEREAS, the City Commission finds it necessary and expedient, and
in the interests of the citizens of Lubbock and in the public welfare that such
right of way purchase shall be by joint effort of the State of Texas and the City
of Lubbock, NOW THEREFORE
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Mayor of the City of Lubbock BE and he is hereby
authorized and directed for and on behalf of the City of Lubbock to execute Con-
tractual Agreement for Right of Way procurement„ being project RW ¢8-1-
concerning certain highway improvements in conjunction with Highway No, U;
S, 87 located between from a point ;approximately 600 feet South of the traffic
circle and a point 1800 feet Northwest of the traffic circle in the City of Lubbock,
Lubbock County., Texa.s�, a copy of said. Contractual Agreement being attached
hereto and incorporated hereby into this Resolution for all purposes.
SECTION 2. The City Secretary-Treasurer is hereby authorized and
directed to attest such Contractual Agreement affixing the seal of the City of
Lubbock thereto.
passed by the Commission this 14th day of June., 196
DAVID C. CASEY, Mayor _
ATT T: ���i p�ovat!
I �Q)
lam[ - City At!ornay
La e,nia Lb. e, City Secretary-Treasurer
Texas-highway Department
Form D-15-37
Page 1 of 6
CONTRACTUAL AGREEMENT
FOR
RIGHT OF WAY PROCUREMENT
(CITY FORM)
STATE OF TEXAS - COUNTYt ;cc
Lubbock PROJECTZ�
COUNTY OF 3MMW HIGHWAY • }
This agreement entered into this day of , 19 ,
by and between the State of Texas, acting by and through the Texas Highway Department,
hereinafter called the State, and X jjAutes Texas,
acting by and through its duly authorizea official unde dated 4th
day of June , 19 60 , hereinafter called the City.
WHEREAS, the State has deemed it necessary to make certain highway improvements in con-
junction with Highway No. + 5. located between ft= a lynirst r�nm+r�r�rraFxs?er 600P
g1,mt a of tho tmffle eimlia and m r�mjrt. lFxvl !` nn& t of
the tra f"ie-eirely , and which section of highway improvements will neces-
sitate 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 hereby authorizes 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 accomplished
according to the provisions outlined herein and agreed to by both parties hereto.
LOCATION SURVEYS AND PREPARATION OF RIGHT OF WAY DATA: The State, without cost to the
City, will do the necessary preliminary engineering and title search in order to supply
to the City the data and deed instruments required for right of way purchase.
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 tabulation shall list the parcel numbers, ownership, acreage,
and recommended compensation. Compensation shall be shown in the component parts of land
taken, itemization of improvements taken, and (if a partial taking) damages, if any, or
enhancements, if any, to the remainder. This tabulation shall be accompanied by an expla-
nation to support the determined values, together with a copy of information or reports
used in arriving at 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 Z.;pplemental 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.
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,
Form D-15-37
Page 2 of 6
(0,111
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 and at its own expense will make a determination of values to consti-
tute 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. The City will deliver
properly executed deeds with title in the name of the State supported by an acceptable
title insurance policy for each right of way parcel involved. The costs incidental to
negotiation and the costs of recording of the right of way instruments will be the res-
ponsibility of the City. The cost of title insurance will 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.
Except as hereinafter set forth under"Excess Takings", the City should file condemnation
proceedings in 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 condemned in the name of the State. Where
it is determined to be necessary, the City may enter condemnation proceedings in its own
name. Property acquired for right of way in such case will be conveyed by the City to
the State supported by an acceptable title insurance policy. Eligibility for State reim-
bursement of values determined by such condemnation proceedings shall be subject to the
conditions as hereinafter outlined under the section entitled "Reimbursement". The cost
of title insurance will be the responsibility of the State.
COURT COSTS, COSTS OF SPECIAL COMMISSIONERS' HEARINGS AND APPRAISAL EXPENSE: Court costs
and costs of Special Commissioners' hearings assessed against the State or City in con-
demnation proceedings conducted on behalf of the State and fees incident thereto, will
be paid by the City. Such costs and fees as are applicable to the requested right of
way, with the exception of recording fees, will be eligible for 50 per cent State reim-
bursement 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 Stpte. Reimbursement for court costs, costs of Special Commissioners' hearings and
the cost of the State's appraiser as herein set forth will not be paid by the State where
the property condemned involves an excess taking, unless the State approves the excess taking
EXCESS TAKINGS: In the event the City desires to acquire land in excess of that requested
by the State for right of way purposes, the State's cost participation will be limited to
the property needed for right of way purposes. If the City elects to acquire the entire
property, including the excess taking, by a single instrument of conveyance 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.
The State's participation will be based on the State's approved value of that part re-
quested for right of way purposes, providing such approved value does not exceed actual
payment made by the City.
DISPOSAL OF IMPROVEMENTS: It is agreed that the State's participation in the cost of
improvements will be based upon approved values. The disposition of improvements may be
in accordance with State Highway Department Administrative Order 8-57, a copy of which is
Form D-15-37
Page 3 of 6 Rev.
ached hereto and marked Exhibit "A". Where the owner retains an improvement, which
to be moved by either the City or the owner, the maximum amount in which the State
will participate is that figure derived from an application of the provisions of Adminis-
trative Order 8-57. 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 structure outside the
right of way cannot be reconstructed adequately or there is nothing but salvage left, and
provided title to the entire structure is taken in the name of the State. The State shall
. dispose of all improvements acquired. Revenue derived by the State from the disposition
of any improvements will be credited to the cost of the right of way procured.
RELOCATION OF UTILITIES: If the required right of way to be acquired for this project
encroaches upon an existing utility located upon its own right of way acquired for utility
purposes, and the proposed highway construction requires the adjustment, removal or re-
location of the utility facility, the State will establish the necessity for the utility
work, and if State cost participation is desired, the State prior to the actual accomplish-
ment of such work will establish eligibility and reach an agreement with the owners of the
utility facilities and the City on the exact lump sum amount of reimbursement based upon
a prior appraisal. This agreement will be accomplished by the execution of a three party
contract among the State, the City and the utility owners. The reimbursement by the City
to the owners of the utility facilities will be made after proper certification has been
made that the work is accomplished, said reimbursement being on the basis of the prior lump
sum agreement. The State will reimburse the City in an amount equal to 50 per cent of this
firm commitment as paid to the utility owner. The foregoing is subject to the provision
chat the individual lump sum approved value shall not exceed $20,000 except as specifically
( i, pproved by the State. In those cases where a single operation 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. 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 except railroads.
FENCING REQUIREMENTS: Where fencing is to be a part of the cash consideration paid to
the property owner, the appraised estimated cost of fencing will be included in the
appraisal, the recommended value and the approved value.
Where the City performs right of way fencing as a part of the total right of way consider-
ation, the estimated cost of required fencing will not be included in the appraisal, the
recommended value or the approved value for each parcel. The State and the City will
reach an agreement prior to the actual accomplishment of work as to the necessity,
eligibility, and firm commitment of the entire fencing work to be performed on each project.
The State's 50 per cent reimbursement to the City will be made after proper certification
has been made that the work is accomplished and payment made therefor, said reimbursement
being on the basis of the agreement.. 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 attention of the State for determination of proper
handling based upon the circumstances involved.
(0*"'tEIM BURSEMENT: 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 State's reim-
bursement will be in the amount of 50 per cent of the State's predetermined value of each
parcel, or the net cost thereof, whichever is the . lesser amount. The State will reimburse
the City in the amount of 50 per cent of the firm commitments for utility adjustments and
right of way fencing performed by the City in accordance with the terms and provisions of
Form D-15-37
Page 4 of 6
(---,eparate contracts to be executed. The State's reimbursement for other right of way costs
.re defined elsewhere in this agreement. StaU reirixWOSAwt to be aftW Rt`& 19 3. s
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
proceedings and prompt notice is also given as to all action taken therein. The State
shall have the right to become a party to the proceedings 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.
GENERAL: It is understood that the terms of this agreement shall apply only to 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.
It is further understood that if unusual circumstances develop in the right of way acqui-
sition which are not clearly covered by the terms of this agreement, such unusual circum-
stances or problems will be resolved by mutual agreement between the State and the City.
CITY OF (; � , TEXAS THE STATE OF TEXAS
BY: (_'Q/.2 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:
Executed as State Highway Engineer and
approved for State Highway Commission.
ATTEST: RECOMMENDED FOR APPROVAL
District Engineer
CITY OF LUBBOCK Secretary Treasurer -
Program Engineer
Chief Engineer of Highway Design
f P
Right of Way Engineer
D-15=37
Page 5 of 6
Exhibit "A"
n
Corrlff190 ITATL HIGHWAY[MOIMLGI
4. C.GREER
[. M. THORN, JR., a ..A TEXAS HIGHWAY, DEPARTMENT _'
rsRS �u FORM �
Rsr
M[RRERT C. /[TRY. JR.
AUSTIN 1 A. T l%A y
April 4, 1957
IN REPLY REFER To
FILE No. DCG
ADMINISTRATIVE ORDER NO. 8-57
SUBJECT: POLICY ON DISPOSAL OF IMPROVEMENTS ON STATE PURCHASED RIGHT OF WAY
TO: ALL DISTRICT ENGINEERS, ENGINEER-MANAGER AND DIVISION HEADS
Gentlemen:
The rapid progress of the State Right of Way Purchase Program indicates the
necessity of having a well defined policy for the disposition of improvements
purchased with highway rights of way. In arriving at a workable plan, the
roll" Right of Way Division studied the procedures used by a number of cities and
states as well as the Texas Turnpike Authority. The most feasible plan ap-
pears to be one bated upon the fixed ,percentage of the appraised value of
the improvement. The cost to the property owner to retain his improvement
will be figured as indicated below:
1. Frame Buildings
(a) Pier or Block Foundation. The owner will be permitted to
retain this type of structure if he consents to reducing the
purchase price for his property by an amount equal to 20% of
the appraised value of the retained improvement.
(b) Continuous Beam Foundation. The owner will be permitted to
retain this type of structure if he consents to reducing the
purchase price for his property by an amount equal to 15% of
the appraised value of the retained improvement.
(c) Concrete Slab Foundation. The owner will be permitted to
retain this type of structure if he consents to reducing
the purchase price for his property by an amount equal to
10% of the appraised value of the retained improvement.
2. Brick, Rock, Stone, Veneer and Stucco Buildings.
(a) Pier or Block Foundation. The owner will be permitted to
retain this type of structure if he consents to reducing the
1
D-15-37
Page 6 of 6
Exhibit "A"
-2-
purchase price for his property by an amount equal to 15% of
the appraised value of the retained improvement.
(b) Continuous Beam Foundation. The owner will be permitted to
retain this type of structure if he consents to reducing the
purchase price for his property by an amount equal to 10% of
the appraised value of the retained improvement.
(c) Concrete Slab Foundation. The owner will be permitted to
retain this type of structure if he consents to reducing
the purchase price for his property by an amount equal to
5% of the appraised value of the retained improvement.
3. Miscellaneous Improvements, e.g. , well pumps, fences, etc. , may be
retained by the owner if he consents to reducing the purchase
price for his property by an amount equal to 20% of the ap-
praised value of the retained improvement.
Any improvements bought under the State Right of Way Purchase Plan which are to
be sold and not relinquished to the property owners in accordance with the above
plan will be disposed of through the Board of Control. Where an owner elects
to retain improvements under the above procedure, the Contract of Sale or the
Memorandum of Agreement shall include a provision covering the agreement and
fixing a time limit for removal of the improvement.
In anticipation of the possibility of the property owner desiring to retain his
improvements, the appraisal report reviewer shall establish the basic offer value
of each improvement which recommended price should be forwarded to D-15 along
with the recommended offer price for the total parcel.
Mee yours
Greer
State Highway Engineer
Distribution;
District Engineers
Resident Engineers
Engineer-Manager
Division Heads