HomeMy WebLinkAboutResolution - 072227A - Contractual Agreement - Highway Department - Acquisition For Loop 289 - 07/22/1957 s
o7ZZ5 - A
RESOLUTION
YMEREAS, the City 'Commission and the Commissioners' Court of
Lubbock County, Texas, acting jointly have heretofore entered into certain
contractual agreements for right of way procurement in connection with
Loop 289 of Lubbock Gounty, Texas; and,
WHEREAS, the State has deemed it necessary to make certain highway
improvements in conjunction with said Loop 289 and being described as
Phase No. Z, beginning at U. S. Highway 84'northwest of Lubbock; thence
east, south and west to Quirt Avenue; length 13.5 miles; and,
WHEREAS, it is proposed that the right of way necessary for this portion
of Loop 289 _shall be procured jointly by purchase by the State, the County
and the City of Lubbock as more particularly shown by the terms and form of
contract attached hereto and made a part hereof; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. THAT the agreement attached hereto and made a part hereof
signed by the County#Judge of Lubbock County, Texas, and the Commissioners
of Lubbock County, Texas„ BE and the same is hereby adopted, ratified and
confirmed as the agreement between the ,County of Lubbock, the City of Lubbock
and the State Highway Department relating to the acquisition of right of way for
Loop 289 and described as Phase No. 2, and the Mayor of the City of Lubbock
is authorized and directed to execute said agreement .on behalf of the City of
Lubbock and the City Secretary is authorized and directed to attest the same
in her official capacity and place the seal of the City of Lubbock thereon. An
,..,. execixt'ed copy of said agreement together with a copy of this Resolution shall be
delivered to the County Judge ,of Lubbock County, 'Texas, and the District
Engineer of the State Highway Department.
Passed by unanimous vote of the City Commission this 22nd day
July, 1957.
RR T, . , M yor ......__.
ATTTEST:
Lavenia we, City S retary-T asu�rer
=' O=S7A
COWTR MIAL AGWWNT FCR RIGHT OF WXY PROCUFMW
STATE OF 40C8YI Libbook
cOM= ar TRUIS i A00T. W04
MY Wop We my
SEAM AQT entered into this day of .,. 3-9 by
g and between the State of Tens, aM�'"l y and thraE =--a Dspa t,
her*ln&fUr called the State, and labbock County, Tw ss, acting by and through its
dm2r authorised officers under Qmdisioner's Court Order dated day of
e 19 o bervinafter called the County, and the cam'a3'Zabboak �'!e
aka Uj its duly authorized officers under Ordinanoe Meds
dq of , 1,9Z hereinafter called the City.
WHIRM the State has deemed it necessary to make certain higlaway i�rrovaeaaints in
;ZM lon with Rigbmq 80. 88 Phase 8 be at U, 8, Hi 84 north-
west of Lubbocki theass east Bom and Welm to sand
VRW se con rov�esea neves a acquisitiono es right
of =qi and
WHERM it is agreed that otmh rigtt of Tay purchase shall be by Joint effort of the
state, W County and the City;
HOW CH I RICK 1 1 be it AaFMM that acquisition of such right ofM9 .
shall be in accordance
ZU Highrrq Caaffissioa Minute Order No. !��'],73 dated May 31, The State hers
authorises and requests the County and Cit;r to prooesd with acquisition and the State
agrees to reimburee the County and City for its share of the cost of such rij�it of way
providing sneh acquisition and reimbursement is accomplished according to th a provisions
outUried heroin and agreed U 1r ku vwtus herste.
1
IMTIOW SUR03TsAe FWA8STION CIF 8Ic8T Or V&T `DATAs The State, without cost to the
County aq y, VM lo she necessary pre r'Y engineering and title search in order
to supply the Comty and City the data and dyed instrawnta required for right of way
' .TI(W OF RItRiT OF WAY PALUMs T1w ComAy and City agree to =Lke a determination
prom or iiM KFE-67`way pasvel by methods acceptable to the Count, and
City and to e0stit to the State's District Office a tabulation of the values so deter-
mined, e'_gnad by the appropriate County and City representatives. Such tabulation
shall list the paroel numbers, ca rehip, acreage and remanded aompensatia®. Compen-
sation ahal] be shorn in the component parts of land taken, itemization of improvements
talosn, and (if a partial taking) dsma ps to the rawAnder. This tabulation shall be ae-
oozqpaaied by an wqp anation to support the determined values� together with copy of
infanation or reports used in arriving at detery rad values. Suah work vill be performed
bV, the County and City at their expense without coot participation by the State. The
State will review the data submitted and my bane its reimbursement ou the values as
detersimed by this reviaa. The State, hovever, rtioarves the right to perform at iU
own expsws arm additional investigation deemed nevesnry# including supplemental ap raieal
work by State employees or by employment of fee apparalows, all as mq be necessary for
dstesu nation of values to constitute the basis for State relabureement.
If at arq stage of the project development it is deters" by mutual agreement between
the County and City and the State that there should be vaived the requirement that the
County and City submit to the State property val= determinatians for any part or all of
072267A
the required right of way, the State will make appropriate written notice to the County
and City of such waiver, such notice to be acknowledged in -ariting .by the County and City.
In instances of such waiver, the State by its due processes and its own expense will make
a dete=dmation of values to constitute the basis for State reimbursement.
NEGOTIATIONS& The State will notify the County and City ass oon as possible an to the State+s
determination of value. Negotiation and settlement with the property owner will be the
respons bility of the County and City without participation by the State. The County and
City will deliver properly executed deeds with title in the name of the State supported
by an acceptable Title Insurame Policy for each right of way parcel involved. The
costs incidental to each negotiation and the costs of recording of the right of way instra-
ments will be the responsibility of the County and City. The cost of Title Insurance
will be the responsibility of the State.
CGNDEMTIONt Condemnation proceedings will be init3,dttted at the election of the County
M CITy anrwill be the Countyts and City+a responsibility at their rnm expense. Eligi-
bility for State reimbursement of values determined by such condeaation proceedings shall
be subject to the conditions as hereinafter outlined under the section titled "Reimburse-
ments.
DISPOSAL OF IIVROVEMENTSs It is agreed that the Staters participation in the cost of
roiromen be sed upon approved values. The disposition of improvment:s may
be in accordance wit State Highway Department Administrative Order 8-57, a copy of
which is attached hs to and screed Exhibit sA". Ih the event the iraproveraente are
not disposed of in a ordance with Administrative Order 8-57, the Mate shall dispose
of said improvements competitive bids. Such revenue derived m the disposition
of any improvements 11 be credited to the cost of the right of w procured.
RELOCATION OF UTII,� Ss If the required right of mW to be acquired for this project
encroaa es upon an sting utility located upon its own rift of stay acquired for
utility purposes, th State will participate d th the County and C#ty in the coat of the
necessary adjustmenI
emoval or relocation of, the utility. The Sates participation
shall be limited to cost of making such change in the utility ter deductirU any
resulting increasehe valve of the new utAity and any salvage value derived from
the old utility. Sutility relocation coati will be an appropr, 14a item of right
of Kay coat. The atment, removal or relocation of any utility line an publicly
owned right of trayufferewe or permit will not be eligible for State reimbursement,
The term 'utility" shall include publicly, privately and cooperatively owned utilities.
FED AND FENCINGs When right of way values are deterndnad$ dameges to existing
Fences or The neeil for replacement or new fences willnot be considered and included
in the corpensatian due the property owner. This isbased upon the agreement that
the County/City will construct all fences as are required due to the right of way
taking at no cost to the property owner. The State will participate in the amount of
50 per cent of the cost of required fencing performed by the County/City on an actual
coat basis of materials plus labor$ less value of any salvage fencing material, and
exclusive of any overhead costs of the Coonty/City. The County/City in billing
the State for fenoing will attach an itemised eatimete supported by a certificate
to this affect. Sneh fencing work shall be considered an appropriate item of right
of way coat,
REIMBURSEKW s The State will reimburse the County and City after Harsh 18 1960, in
an amount not to exceed 50% of the coca of the right of way acquired in accordance
with the terms and provisions of this agreemente The Staters reimbursement will
be in the amount of 50% of the Staters predetermined value of each parcel, or the
net cost thereof$ whichever is the lesser amount. If cation is necessary the
Fagg 3 Phl.vz
0722S7A
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 beams 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 Stag and the County
and City as provided by other provisions of thin agreement.
GEN RAM It is understood that the terms of this agreement shall apply only to right of
Fr aMorized 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 County or
City for highvay, street, or road purposes.
It is further understood that if unusual circumstances develop in the right of wary
acquisition which are not clearly covered by the terms of this agreement, such unusual
circumstances or problems will be resolved by nutual agreement between the State and
the County and City.
COMMISSIONERS 00IRT OT LUBBOCK COUNTY, RECOVMNDED FOR APPROVAL:
unty'Judge t7ridter
Byt
s oner, c t umberI Program Engihe5ir
ToyEdIs r r at Number 2 Engineer of TMd Desiga
By t
ss oner, c r g o ay g er
BY
aa one r, Prefainct NunU6V Certified as being executed for the
purpose and effect of activating and/or
carrying out the orders, established
CITY OF LUBBOCK, TEXAS policies, or work programs heretofore
approved and authorized by the State
Highway Cc uissiont
Hy t
-Kayor
ATTEST: Byt
E mZ as ay n er
and approved for State Highway
Commission.
Note t Any official signing for and on behalf
of a municipality should attach an original or
authenticated copy of order, resolution, ordinance,
or charter provisionf or a citation to statute, iuider
the authority of which this agreement is executed,
Form a-i5-cs-1 2
Sheet 4 of 5
Cad/1as11■ MAU U16"AT aulam
0.C.Qaaaa
■a. a.aasaaLL r6606r raaaaraa. �a., alr,.. TEXAS HIGHWAY DEPARTMENT
ataaaaT C. rETar. in.
A Y tT Ia 14. TIXA•
April 4, 1957
IN eatr am TO
pu ma DOG
ADMINISTRATIVE ORDER NO. 8-57
SUBJECT: POLICY ON DISPOSAL OF IMPROVIMENTS 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 `ray. In arriving at a workable plan, the
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
Exhibit "Am
Form D-15-CS-1 & 2
She e t S of S �•;�;� 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.
e e yours
VO . Greer
State Highway Engineer
Distribution:
District Engineers
Resident Engineers
Engineer-Manager
Division Heads
f