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HomeMy WebLinkAboutResolution - 071378F - Contract For Acquisition And Relocation Services- URA- Parkway Neighborhood Cent - 07_13_1978JW.F: b 78-37-209-563 (24 Ir .. 13 ESOLUTION 7 3 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 a Contract for Acquisition and Relocation Services with the Urban Renewal Agency of the City of Lubbock 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 a part of this Resolution as if fullyr-opiedherein in detail. Passed by the City Council this day of July 1978. DIRK WEST, MAYbR ATTEST: vgtiy-NP ja , Ci retary-Treasurer i; APPROVED AS TO FORM: red O. Senter, Jr., City t rney upy CONTRACT FOR ACQUISITION AND RELOCATION SERVICES This contract made this 13th day of July 1978, between the URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS, hereinafter called "AGENCY.", and the CITY OF LUBBOCK, TEXAS, hereinafter called "CITY". WITNE SSE TH'. WHEREAS, the CITY has a public need to acquire certain lands pursuant to the expanding needs of the Community for an additional Neighborhood Center facility; and, WHEREAS, the CITY is to acquire certain additional lands for a Neighborhood Center in vicinity of 405-077North Quirt Avenue in Lubbock, Texas, to be known as "Parkway Neighborhood Center", and is desirous of having the AGENCY perform cer- tain 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 with respect to obtaining appraisals of certain parcels, acquisition of such lands and the relocation activities anticipated to be 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 its "Parkway Neighborhood Center, the said parcel being described as follows:' All of Tract C of the Mackenzie Manors Additions also known as Mackenzie Manors Addition being one and the same addition to the City of Lubbock, Lubbock County, Texas. all of the said properties being located within the City of Lubbock. 2. The AGENCY will provide the following services with respect to the acquisi- tion of said above parcel: A. Upon receipt by CITY of the appraisals obtained for CITY by the AGENCY, CITY shall determine the fair market value of each parcel of land based on such ap- praisals, and AGENCY will meet personally with each owner of respective parcels of land and present to such owner a written offer based on such established fair mart value. t " 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 Phoperty Acquisition Policies Act of 1970, hereinafter. called the "ACT". C. The AGENCY'S negotiator willexplain the policies and requirements of the CITY withrespect 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 respective owner of the parcels of real property, including information contained. is the summary state ment of the basis of just compensation, and all other terms and conditions of the optic to sell which will be presented to the respective owners thereof. E. The AGENCY will provide the owners of the respective parcels of the pro- perty 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 conditio the option as may be necessary and desirable, and AGENCY shall report any proposec modifications to CITY. F. The AGENCY will contact all parties to obtain releases of liens or any othi instruments which the CITY deems necessary for the purpose of securing fez 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 o the appraisers and review appraiser as may be necessary and as requested by the CIZ 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 ab specified, in accordance with the Act, which will include: A. Notification to owners, tenants or any other person of relocation assistanc 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 i the Act. C. Prepare all necessary claim forms, notices, or any other papers or doc ments 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 Ac 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 par, the AGENCY will turn over all records relating thereto to the CITY. The AGENCY, not maintain any permanent records with respect to the parcels of real estate to be e quired under this Contract after the completion of such services as are specified to 1 performed by the AGENCY herein. . 5. The AGENCY agrees to provide such appraisals and appraisal reviews of the properties to be acquired for such project, as are above specified, in accordance wi the Act. The costs of such appraisals and appraisal reviews shall be borne by the AGENCY. 6. The CITY will, based upon the .appraisals and review appraisal of each parc4 establish the fair market value of each parcel and pursuant to the establishment ther the AGENCY shall make all certifications relating thereto as are necessary under th 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 part of land as are above set forth. 8. The CITY retains the right to make all final decisions with respect to the establishment of fair market value, or any other decision relating to the eligibility o 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 m; become necessary in the acquisition of the properties which are the subject of this Contract. f 9. The AGENCY will be responsible for the management of properties acquired hereunder after acquisition of the parcels as are set forth herein until such time as all relocation of- the occupants has taken place. 10. The CITY will make all payments and disbursements with respect to acquisitio 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 proceedings tha may become necessary and the AGENCY will not institute or take part in any such pro- ceedings 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 actual cost of reimbursable items including travel office expenses, appraisal services and the AGENCY shall provide the CITY an itemized bill at such time as the appraisals, acquisition and relocation services for any particular parcel are completed, with the maximum compensation to be due the AGENC' for the total services to be performed and actual expenses incurred and provided hereur by the AGENCY to be $3, 000. 00. EXECUTED as of the date hereof. ATTEST: 'EVELYN GAFFGA, . City Secretary -Treasurer ATTEST: etary CITY OF LUBBOCK WEST, MAYOR URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS APPROVED AS TO FORM: Chairman Fred 0. Senter, Jr., Attorney