HomeMy WebLinkAboutResolution - 072257B - Contractual Agreement - Highway Department - Acquisition For Loop 289 - 07/22/1957 ("22M
RESOLUTION
W HEREAS, the City ,Commission and the Commissionerts 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 County, 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. I, beginning at it& intemection with U. S. Highway 84 northwest of
the City of Lubbock, 'then SouthweAt, south and east to intersection with Quirt
Avenue, southeast of Lubbock; length 13. 5 milesx 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, t1ae County
and the City of Lubbock as more particularly shown by-,the terms and form bf
contract attached hereto and made a part hereof; NOW, THEREFORE, l''
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 ands
confirmed as the agreement between the County of Lubbock, the City of Lub ock,
and the State Highway Department relating to the acquisition of right of way 1 or
Loop 289 and described as Phase No. 1 and the Mayor of the City of Lubbo i l
is authorized and directed to execute said agreement on behalf of the City
Lubbock and the City Secretary'!,is authorized and directed to afbest the same"
in her official capacity and place the seal of the City of Lubbock thereon. A44
executed copy of said agreement together with a copy of this Resolution shall be
delivered to the County Judge of Lubbock County, Texas,&the District EngiA�per
of the State Highway Department.
i
Passed by unanimousvote _of the City Commission this 22nd day of
July, 1957. E
S. . FO RE- JR.,.May.
ATTEST*bwe,�Lav—�eniaity Se zeta y- 'reasurer
("22M
RESOLUTION
W HEREAS, the City ,Commission and the Commissionerts 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 County, 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. I, beginning at it& intemection with U. S. Highway 84 northwest of
the City of Lubbock, 'then SouthweAt, south and east to intersection with Quirt
Avenue, southeast of Lubbock; length 13. 5 milesx 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, t1ae County
and the City of Lubbock as more particularly shown by-,the terms and form bf
contract attached hereto and made a part hereof; NOW, THEREFORE, l''
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 ands
confirmed as the agreement between the County of Lubbock, the City of Lub ock,
and the State Highway Department relating to the acquisition of right of way 1 or
Loop 289 and described as Phase No. 1 and the Mayor of the City of Lubbo i l
is authorized and directed to execute said agreement on behalf of the City
Lubbock and the City Secretary'!,is authorized and directed to afbest the same"
in her official capacity and place the seal of the City of Lubbock thereon. A44
executed copy of said agreement together with a copy of this Resolution shall be
delivered to the County Judge of Lubbock County, Texas,&the District EngiA�per
of the State Highway Department.
i
Passed by unanimousvote _of the City Commission this 22nd day of
July, 1957. E
S. . FO RE- JR.,.May.
ATTEST*bwe,�Lav—�eniaity Se zeta y- 'reasurer
a� 7 i3
CONTRACTUAL ACREDIMdT FOR HIGHT OF hY PR.00UMIENT
STATE OF TEXAS [ COUNT! Lubbock
PROJECT Cont. M-1 and se 1
COUNTY OF TRAV-S ACC:. NO.
HIGMIAY roop No,
THIS AGREMMIT entered into this (, day of a .'� , la 57 , by�
and between the State of Texas, ac ��y and thro,.ap the Texas Highway Department,
hereinafter called the State, and Lubbock County, re s acting by and through its
duly aurhorized officers ender Corau.ss loner' s Corm Order dated day of
, 19 57, hereinafter called the County, and the c .ty ofZubbocti,-Texas,
actin^ by and throw 'its �!,ily a_W-prized officers -ender Ordinance dated the
day of , _1957, hereinafter called the City.
,AREAS, the State iias deemed it necessary to make certain highway improvements in
conjunction with Hi€hway No. Loop 289,9 Phase No. 1 beginning at its intersection with
U. S. Highway 84 northwest o ubbock,, ten so,-ithwest, South azid eas n ersec ion
WZM q11rt Avenue, southeast of Lubbock; lenf7th _.3,5 miles; and wnicn section of hi,, ay
imnrovemen s will recessi a e ae acq,.:isi l on of certain r:,Eht of way, and
W!EREAS, 4.t is agreed that sl:ch riFht of way purchase shall be by joint effort of the
State, the County and the City;
NO'Id. THEREFORE be it A=REED that acquisition of such e i�ht of way shall be in accordance
with HiRh:ray Conussi_on Minute Order No. 42113 dated May 31, 1957. The State hereby
acthorizes and requests the County and City to proceed with acq:z s� tion and the State
aCrees to re mburse the County and City for i_ts share of the e c.,t of such right of way
providinE such acquisition and reimbursement is accomplished accordir_,., to the provisions
outlined herein and agreed to by both parties hereto.
LOCATION SURVEYS A? D PR&`ARAT 7 01d OF RTG' T OF WAY DATA: The State, w:_thout cost to the
County and City, tt ttne necessary pre izdnary e_n,7ineer=n;; and title search it order
to supply the Coun�y t,1e t9ata and deed instruments required for ri,-iit of way- purchase.
DETEWINATION OF RIGHT OF 'STAY VAL'_'ES: The County and City agree to make a determination
of property values ror each ri-.ht or wa,• parcel by methods acceptable to the County and
City and to subm'.t to the Statefs District Office a tabulation of the values so deter-
mined, sipped by t-he appropriate County and City representatives, Such tabulation..
shall list the parcel nur,bers, ownership acreage and'recommended compensation. Compen-
sation shall be shown in the c,9moonent parts of 'Land taken, ite-af.zation of improvements
taken, and (if a partial taken-) damages to the remainder. This tabulat�.on shall be ac-
companied by an explanation to support the detenidned values, to^et".er with cope of
information or reports used in a rr vin at determined values. ' Such work will be nerformed
by the County and City at their expense without cost participation by theState. 'i'rie
State Brill review the data submitted and may base its reirbirsoment on the valuer as
determined by this- review. The State, however, reserves tre rig it to p4 rform at its
own expense any addii,ional 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.
If at any stage of the project development it is determined by rrr..tual a7reement between
the County and City and the State that there s:iould be waived the recidrement that the
County and City submit to tae State property value determinations for any part or all of
a� 7 i3
CONTRACTUAL ACREDIMdT FOR HIGHT OF hY PR.00UMIENT
STATE OF TEXAS [ COUNT! Lubbock
PROJECT Cont. M-1 and se 1
COUNTY OF TRAV-S ACC:. NO.
HIGMIAY roop No,
THIS AGREMMIT entered into this (, day of a .'� , la 57 , by�
and between the State of Texas, ac ��y and thro,.ap the Texas Highway Department,
hereinafter called the State, and Lubbock County, re s acting by and through its
duly aurhorized officers ender Corau.ss loner' s Corm Order dated day of
, 19 57, hereinafter called the County, and the c .ty ofZubbocti,-Texas,
actin^ by and throw 'its �!,ily a_W-prized officers -ender Ordinance dated the
day of , _1957, hereinafter called the City.
,AREAS, the State iias deemed it necessary to make certain highway improvements in
conjunction with Hi€hway No. Loop 289,9 Phase No. 1 beginning at its intersection with
U. S. Highway 84 northwest o ubbock,, ten so,-ithwest, South azid eas n ersec ion
WZM q11rt Avenue, southeast of Lubbock; lenf7th _.3,5 miles; and wnicn section of hi,, ay
imnrovemen s will recessi a e ae acq,.:isi l on of certain r:,Eht of way, and
W!EREAS, 4.t is agreed that sl:ch riFht of way purchase shall be by joint effort of the
State, the County and the City;
NO'Id. THEREFORE be it A=REED that acquisition of such e i�ht of way shall be in accordance
with HiRh:ray Conussi_on Minute Order No. 42113 dated May 31, 1957. The State hereby
acthorizes and requests the County and City to proceed with acq:z s� tion and the State
aCrees to re mburse the County and City for i_ts share of the e c.,t of such right of way
providinE such acquisition and reimbursement is accomplished accordir_,., to the provisions
outlined herein and agreed to by both parties hereto.
LOCATION SURVEYS A? D PR&`ARAT 7 01d OF RTG' T OF WAY DATA: The State, w:_thout cost to the
County and City, tt ttne necessary pre izdnary e_n,7ineer=n;; and title search it order
to supply the Coun�y t,1e t9ata and deed instruments required for ri,-iit of way- purchase.
DETEWINATION OF RIGHT OF 'STAY VAL'_'ES: The County and City agree to make a determination
of property values ror each ri-.ht or wa,• parcel by methods acceptable to the County and
City and to subm'.t to the Statefs District Office a tabulation of the values so deter-
mined, sipped by t-he appropriate County and City representatives, Such tabulation..
shall list the parcel nur,bers, ownership acreage and'recommended compensation. Compen-
sation shall be shown in the c,9moonent parts of 'Land taken, ite-af.zation of improvements
taken, and (if a partial taken-) damages to the remainder. This tabulat�.on shall be ac-
companied by an explanation to support the detenidned values, to^et".er with cope of
information or reports used in a rr vin at determined values. ' Such work will be nerformed
by the County and City at their expense without cost participation by theState. 'i'rie
State Brill review the data submitted and may base its reirbirsoment on the valuer as
determined by this- review. The State, however, reserves tre rig it to p4 rform at its
own expense any addii,ional 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.
If at any stage of the project development it is determined by rrr..tual a7reement between
the County and City and the State that there s:iould be waived the recidrement that the
County and City submit to tae State property value determinations for any part or all of
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 writing by the County and City.
In instances of such waiver, the State by its due processes and its own expense will make
a determination of values to constitute the basis for State reimbursement.
NEGOTIATIONSt The State will notify the County and City asscon as possible as to the State's
ewe a ion of value. Negotiation and settlement with the property owner will be the
responsibility of tht 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 Insurance policy for each right of, way parcel involved. The
costs incidental to such negotiation and the costs of recording of the right of way instru-
ments will be the responsibility of the County and City. The cost of Title Insurance
will be the responsibility of the State.
CONDEKNATIONs Condemnation proceedings will be initiated at the election of the County
and CIEF will be the County's and City's responsibility at their own expense. Eligi-
bility for State reimbursement of values determined by such condemnation proceedings shall
be :subject to the conditions as hereinafter outlined under the section titled FReimburse-
ment*.
✓DISPOSAL OF IMPROVFMENTSs It is agreed that the State's participation in the cost of
isproveme-nTs sed upon approved values. The disposition of improvements may
be in accordance with State Highway Department Administrative Order 8-57, a copy of
which is attached hereto and marked Exhibit ea". In the event the improvements are
not disposed of in accordance with Administrative Order 8-57, the State shall dispose
of said improvements by competitive bids. Such revenue derived from the disposition
of any improvements will be credited to the cost of the right of way procured.
RELOCATION OF UTILITIESt If the required right of way to be acquired for this project
encroa es upon an existing utility located upon its own right of way acquired for
utility purposes, the State will participate with the County and City in the cost of the
necessary adjustments removal or relocation of the utility. The State's participation
shall be limited to the cost of making such change in the utility after deducting any
resulting increase in the value of the new utility and any salvage value derived from
the old utility. Such utility relocation costs will be an appropriate item of right
of way cost. The adjustments 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" shall include publicly, privately and cooperatively owned utilities.
FENCES AND FUICINGt When right of way values are determined, damages to existing
encee or iEe nee3 for replacement or new fences will not be considered and included
in the compensation due the property-owner. This is based 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
cost basis of materials plus labor, less value of any salvage fencing material, and
exclusive of any overhead costs of the County/City. The County/City in billing
the State for fencing will attach an itemized estimate supported by a certificate
to this effect. Such fencing work shall be considered an appropriate item of right
of way cost,
FMIMBURSEMENTs The State will reimburse the County and City after March 1, 1959, in
an amount nod to exceed 50% of the cost of the right of way acquired in accordance
with the terms and provisions of this agreement. The State's reimbursement will
be in the amount of 5% of the State's predetermined value of each parcel, or the
net cost thereof, whichever. is the lesser amount. If condemnation is necessary the
a
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a72267
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 County
and City as provided by other provisions of this agreement.
GEMEMt It is understood that the terms of this agreement shall apply only to right of
way authorized and requested by the Texas Highway Department Vnich is needed and nbt
yet dedicated, in use, or previously acquired in the name of the State or County or
City for highway, street, or road purposes.
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 unusual
circumstances or problems will be resolved by mutual agreement between the State and
the County and City.
C0I•111ISSIOMMS COURT OF LUBBOCK COUNTY, RECO:IIENM) FOR APPR09ALs
TEXA
S
BY 19�2 -
co u ge„ DIRFIR Engineer
Bys .
Mssf oner, Precinct Number rogram. Engineer
3y s'
o ss er, J, letWin her 2 Engineer or RoadDesign
s er, er g o ay eer
By inc"I& Z§Z Certified as being executed for the
ssioner, Precinctum purpose and effect of activating and/or
carrying out the orders, established
policies, or work programs heretofore
approved and authorized by the State
CITY OF LUBBOCK, TEXAS Highway Commission:
By r
:ayor By:
Execu as e g ay eer
ATTESTt and approved for State Highway
, Commission.
Y r a -I recsucW
Notes Any official sighing for and on behalf
of a municipality should attach an original or
authenticated copy of order, resolution, ordinance,
or charter provision, or a citation to statute, under
the authority of which this agreement is executed,
Taft D-15-CS-1 g 2
Sheet 4 of S 07ZZ'570
iHa1lfi!! w�*c wra..aw.d.
D.C.lilt*
!!. ,... e...
ABSNALL
F6 TEXAS M AY EVARTMM ~'
!!tt!!T C. MIT. /I.
•V$ION 14, T«,A%
April 4, 1957
au ram DOG
A24INIOMTIVE ORDER NO. 8-57
SUBJECT: POLICY ON DISPOSAL OF IlMPROVEMSHTS OR STATE PURCBA.SED 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 plat, the
Right of Kay Divisio4 studied the procedures used by a number of citieb 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 hie 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 15f 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 "A"
Farm D-a 5-CS-1 & 2
Skeet. 5. of 5
-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
Main t is 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. FU'here 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
Greer
State Highway Engineer
Distribution:
District Engineers
Resident Engineers
Engineer-Manager
Division Heads