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HomeMy WebLinkAboutResolution - 072877C - Contract - URA - Canyon Lakes Project - 07_28_1977JW F:hw DLI Cl1T TT TTl1TT 6"'2207?C BE IT RESOLVED BY THE CITY COUNCIL Off' THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract between said City and the Urban Renewal Agency of the City of Lubbock, Lubbock County, Texas, regarding services to be performed by said agency in connection with acquisition of land for the Canyon Lakes Project, attached herewith which shall be spread upon the minutes of the Council and as ppread 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 28th day of July , 19 ROY BASS, MAYOR ATTEST: reva Phillips, Cit ' ecretary-Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr., Cit&Attorney CONTRACT FOR ACQUISITJON AND RELOCATION SERVICES - CANYON LAKES PROJECT This contract made this 9Af h day of �iy 1977, between the URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS, hereinafter called "AGENCY", and the CITY OF LUBBOCK, . TEXAS, herein- after called "CITY". WITNESSETH: WHEREAS, the CITY has heretofore acquired certain lands pursuant to the execution of a project with the City of Lubbock, known as the "Canyon Lakes Project", funded partially by the Federal Government; and . WHEREAS, the CITY Is to acquire certain additional lands for the carry- ing out of such project and is desirous of having the.AGENCY perform certain functions with respect to the acquisition of such lands and in the administration of the relocation activities anticipated to be necessary upon acquisition thereof; and WHEREAS, the AGENCY is desirous of performing the functions for the CITY ivith respect to the acquisition of such lands for such project and in the i relocation activities anticipated to necessary upon acquisition thereof. NOW, THEREFORE, the parties hereto agree as follows: 1. The AGENCY shall furnish certain services with respect to the acquisition oP certain parcels of land on behalf of the CITY for the "Canyon Lakes Project", the said parcels being designated as follows: Certain lands owned by Lubbock Independent School District generally described as a part of Lots 94, 95 and 96 in Block 84 of Roberts and McWhorter Addition to the City of Lubbock, Lubbock County, Texas, and Lots 1 and 2 in Block 1, Ran Smith Addition. to the City of Lubbock, Lubbock County, Texas, as generally shown on attached map marked "EXHIBIT B" and made a part hereof, as shown on said map to be enclosed within the orange borderlines thereon or so much of said lands as finally e_,nreed to by Lubbock Independent School District is finally willing or agree- able to selling and the City of Lubbock, Texas, deems it feasible to purchase in carrying out said Canyon Lakes Project; all of the said properties being located along Yellowhouse Canyon within the City of Lubbock, the acquisition of such being necessary for the completion of the CITY'S "Canyon Lakes Project." 2. The AGENCY will provide the following services with respect to the acquisition of said above parcels: A. Upon being provided with an appraisal of such properties by the CITY, the AGENCY will meet personally with each owner of the respective parcels of land to present a written offer based on the appraisal and established fair market value of the CITY. B. The AGENCY will deliver the written offer to purchase the property to the owner (based upon the CITY'S appraisal and established fair market value) together with a summary statement of the basis of the offer, prepared in accordance with the Uniform Relocation and Real Property Acquisition Policies Act of 1970, hereinafter called the "ACT." C. The AGENCY'S negotiator will explain the policies and require- ments of the CITY with respect to the acquisition of the parcels of real pro- perty to be acquired as are above set forth. D. The AGENCY will discuss the offer to purchase with the respective owners of the parcels of real property, including information contained in the summary statement of the basis of just compensation, and all other terms and conditions of the option to sell which will be presented to the respective owners thereof. E. The AGENCY will provide the owners of the respective parcels of the property every reasonable opportunity to present evidence which the owner believes to be relevant to the question of value and which may be suggested in the terms and conditions in the option as may be necessary and desirable, and to report any proposed modifications to the CITY. F. The AGENCY will contact all parties to obtain releases of liens or any other instruments which the CITY deems necessary for the purpose of securing fee simple title to all of the parcels to be acquired under this Agreement. G. The AGENCY will provide such services with respect to the coordination of the appraisers and review appraiser as may be necessary and as requested by the CITY. 3. The AGENCY will provide relocation services with respect to the owners or tenants of the parcels of real property which are to be acquired by the CITY as are above specified, in accordance with the Act, which will include: A. Notification to owners, tenants or any other person of relocation assistance that is available under the terms of the Act. B. Provide counseling services as are necessary to the displaced owners,. tenants or any other person who is determined to be entitled to re- location assistance under the Act.'. C. Prepare all necessary claim forms, notices, or -any other papers or documents as may be .required by the Act and deliver such to the appropriate parties. 4. The AGENCY agrees to maintain such records as may be required by the Act, which is understood to govern the procedures employed in the acquisition of such parcels of real property for the purposes as are set forth herein. Upon completion of all services, including the hereinabove specified relocation services for each parcel, the AGENCY will turn over all records relating thereto to .the CITY. The AGENCY will not maintain any permanent records with respect to the parcels of real estate to be acquired under this Contract after the completion of such services as are specified to be performed by the AGENCY herein. 5. The CITY agrees to provide such appraisals of the properties to be acquired for such project, as are above specified, in accordance with the Act. The costs of such appraisals shall be borne by the CITY. 6. The CITY will, based upon the appraisals and review appraisal of each parcel, establish the fair market value of each parcel and make all certifi- cations relating thereto as are necessary under the Act. . 7. The CITY will provide all legal services, surveys, certificates, or other instruments necessary for the acquisition and for relocation with respect to the parcels of land as are above set forth. 8. The CITY retains the right to make all final decisions with respect to the selection of appraisers, the establishment of fair market value, or- any other decision relating to the eligibility of persons for the receipt of relocation assistance, insofar as the CITY is vested with discretion in such matters, or with respect to any other decision or approval that may become necessary in the acquisition of the properties which are the subject of this Contract.. 9. The CITY will be responsible for the management of properties acquired hereunder after acquisition of the parcels as are set forth herein. 10. The CITY will make all payments and disbursements with respect to appraisal services, acquisition payments or relocation payments, or any other payments which may become due by virtue of the acquisition of the said above -described parcels for such project. .11. The CITY will be responsible for any eviction or condemnation pro- ceedings that may become necessary and the AGENCY will not institute or take part in any such proceedings except that such AGENCY personnel pro- viding the services as are specified herein to the CITY will be available to testify in Court if needed. 12. The CITY shall reimburse the AGENCY for the services of the AGENCY as are set forth herein, based upon an actual hourly, time cost of personnel of the AGENCY involved in providing the services and the actual cost of reimbur- sable items including travel and office expenses, and the AGENCY shall provide the CITY an itemized bill at such time as the acquisition and relocation services for any particular parcel are completed, with the maximum compensation to -be due the AGENCY for the total services to be performed and the actual expenses incurred and provided hereunder by the AGENCY to be $500. 00. 13. This Agreement is subject to and hereby incorporates the provisions attached hereto as Exhibit "A", which is the Equal Opportunity Clause being followed and observed by the Agency as Contractor herein. EXECUTED as of the date hereof. CITY OF LUBBOCK MAYOR ATTEST: Treva Phillips Cit ecretary-Treasurer URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS ATTEST: Chairman Secretary APPROVED AS TO FORM: red O. Senter, Jr., City orney EQUTAL OPPORIU&iMY CLJIIJSF: t During the performance of this contract, the contractor agrees as follows: a. The contractor will not discriminate against any employee or appli- cant for employment because of race, color, religion, sex, or national origin. 'The contractor will take affirmative action to ensure that applicants are employed, and`thnt employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, u)grading, der.otion, or transfer: .recruitment or recruitment advertising; layoff or ter- mination; rates of pay or other forms of compensation; and selec- tion for training, including apprenticeship. -ihe contractor agrees • to post in conspicuous places, available to employees and appli- cants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employ- ment without regard to race, color, religion, sex, or national origin. c. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by . the Contract Compliance Officer advising the said labor union or workers' representatives of.the contractor's co=itment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d: %b a contractor Will comply with all provisions of Executive Order 11246 of September 2h, 1965, and of the rules, regulations, and relevant orders of the Secretary -of Labor. .e. The contractor will furnish all information and reports required by Executive Order 11216 of September 24, 1955, and by rules, regulations and orders of the Secretary of Labor, or pursuant - thereto, and will permit access to his books, records, and ac- counts by the Department and the Secretory of Labor for purposes of investigation to ascertain compliance -with such rules, regu- lations, and others. 0 _F> I c� C VA7. OJ'i �Oii. i)i)I'3"Y CL-Aus i'. in the event of the contractor's non-ecmpliance with the non- discrimination clauses of this contract or with any of the saic rules, regulations, or orders, this contract may be cancelled terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Covern=ent contracts in accordance with. procedures -authorized in Executive Order 112.-`c6 of September 24, 10,65, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The contractor will include the nrovisions of the sentence im- mediately preceding paragraph (a) and the provisions of para- graphs (a) through (g) in every subcontract or purchase order' unless exempted by -rules, regulations, or orders of the Secretary -of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding' upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Departu;ent may direct as a -ears of erf orciro such pro- visions,*including sanctions for non-ccr_pliance: Provided, however, that in the event a contractor 'Deco --es involved in,or Is threatened with, litigation kiL°: a subcontractor or vendor es -a result of such direction by the Department_ the contractor inay request the United States to enter into such litigation to protect the interest of the United States. r ... ea�.r�K'-_a+�!r,.Rssb%ui:., _�r_:i:w ��dE.rk�,• .aw;:,%3r�,,,,s.-..,.w' I� .'� 1'-.�•'%1RNSe+I tiec�J'Ri?S:Oii'w�i� 'r: t, ( .2 • ti � 3' 40 30 .r F; O MAHOiV SCHOOL � t.z.i �o • i �'--•-�.J � i Z i BUS BARN AREA (vlCn.gl • CORNELL ST.