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HomeMy WebLinkAboutResolution - 111176G - Land Acquisition Agreement - URA - Canyon Lakes - 11_11_1976KJ:bsb 1 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF 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 an agreement between the CITY OF LUBBOCK and the Urban Renewal Agency for land acquisition and relocation services, attached herewith which shall be spread upon the Minutes of the COUNCIL and as spread upon the Minutes of this COUNCIL shall constitute and be apart of this Resolution as if fully copied herein in detail. Passed by the City Council this__U.ilay of November , 1976. A ATTEST: J' Treva Phillips, City S re APPROVED AS TO FORM: d O. Senter,'Jr., � �s5 ROY BASS, MAYOR Treasurer i'.. CONTRACT FOR ACQUISITION AND RELOCATION SERVICES - CANYON LAKES PROJECT Tnis contract made this llth day of November 1976, 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 q pursuant ' to the execution of a project with the City of Lubbock, known as r they"Canyon Lakes Project.", funded partially by the Federal Govern-.-..,. , ment; and WHEREAS, the CITY is to acquire certain additional lands for the carrying out of such projectand is desirous of having the AGENCY perforn certain functions with respect to the acquisition rti -of such lands 'and in'.the administration of the relocation activities ' =,anticipated to be necessary upon acquisition thereof; and ... t WHEREAS', the AGENCY is desirous of performing the functions for s the CITY with respect `to the acquisition of such lands for such project and. in the 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 of certain parcels of land on behalf of the CITY for the "Canyon Lakes Project", the said parcels being designated as follows: a. Area 6 - Parcel 2; b. Area 2 -'Parcel 2; c. Area 9 - Parcel 2; 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 = f 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 ' requirements of the CITY with respect to the acquisition of the .parcels of real property to be acquired as are above set forth. D. The AGENCY will discuss the offer to purchase with the 'V respective owners of the.parcels-/roeal property, including informa- tion 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.belives 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 -2- 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 relocation assistance under the Act. C. Prepare all necessary claim forms, notices, or any other papers or'documents as maybe 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, asareabove 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:certifications relating thereto as are necessary under the Act. 7. The CITY will provide all legal services, surveys, certifi- cates, or other instruments necessary for the acquisition and for relocation with respect td 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 -3- 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 condem- nation proceedings that may become necessary and the AGENCY will not institute or take part in any such proceedings except that such AGENCY personnel providing 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 the personnel of the AGENCY involved in providing the services, and the AGENCY shall bill the CITY therefor at the end of each month or 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 provided hereunder by the AGENCY to be $1,200.00. 13. This Agreement is subject to and hereby incorporates the ,��«nu- provi,sionstl4titl�ar6hed hereto as Exhibit "A". ' / WECUTED as t off% the date hereof. . CI,T�Y OF LUBBOCK r cam' "! MAYOR CITY SEC TARY-T ASURER URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS ATTEST: CHAIRMAN SECRETARY APPROVED AS TO FORM: CITY ATTORNEY -4- 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, upgrading, demotion, or transfer;.recruitment or recruitment advertising; layoff or ter- mination; rates of pay or other forms of compensation; end selec- tion for training, including apprenticeship. The 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 applicantswill receive consideration for employ- ment without regard to race, color, religion, sex, or national origin.. c. '!fie 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 commitment under this section, and shall post copies of the notice in conspicuous -places available to employees and applicants for employment. d: The contractor will comply with all provisions of Executive Order 11246 of,September 24, 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 31246 of September 24, 1965, 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 Secretary of Labor for purpozes of investigation -to ascertaizi compliance with such rules, regu- lations, and others. µNA •a'f T N i ? j �- ��—�•sl . EQUAL OPPORTUNITY CLAUSE: . l'. In the event of the contractor's non-compliance with the n.�n- discrimination clauses'of this contract or with any of the sai-; rules, regulations, or orders, this contract ray be -cancelled terminated, or suspended in whole.or in part and the contractor may be declared ineligible for further Cove. sent contracts in accordance with.procedures•authorized inecutive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.. g. The contractor will include the provisions 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 Ejcecutive Order.11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor, iae contractor will take " such action uith respect to any subcontract or purchase order as the Department may direct as a means of enforcing such pro- visions,•including sanctions for non-compliance: Provided, however, that in the event a contractor bece_es involved in,or is threatened with, litigation with a subcontractor or vendor. • as•a result of such direction by the Department, the contractor .may request the United States to enter into such litigation to protect the interest of the United States.