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HomeMy WebLinkAboutResolution - 1147 - Contract - Urban Renewal Agency - East 19Th Widening Project - 07/22/1982SMH : j s RESOLUTION RESOLUTION 1147 - 7/22/82. A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR ACQUISITION AND RELOCATION AND SITE CLEARANCE AND RESALE ACTIVITIES BETWEEN THE CITY OF LUBBOCK AND THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK. WHEREAS, the City of Lubbock has heretofore acquired certain land pursuant to the expanding needs of the Community for the widening of city streets; and WHEREAS, the City of Lubbock is to acquire certain additional lands for the widening and redesign of East 19th Street between Quirt and East Loop 289 and desires to have the Urban Renewal Agency perform certain`fun'ef'ons with re- spect to the acquisition of such land and in the administration of the reloca- tion activities necessary upon acquisition thereof; and WHEREAS, the Urban Renewal Agency desires to perform the functions for the City of Lubbock with respect to obtaining appraisals of certain parcels, acqui- sition of such land, and the relocation activities anticipated to be necessary on acquisition thereof; NOW THEREFORE: 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 di- ! rected to execute for and on behalf of the City of Lubbock a contract for ac- quisition, relocation services, site clearance and resale activities between the City of Lubbock and the Urban Renewal Agency of the City of Lubbock, attach- ed 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 the Resolu- tion as if fully copied herein in detail. Passed by the Council this 22nd day of_ July 1982. � /'10 BILL McALISTER, MAYOR -ATTEST: Evelyn Ga ga, City A y -Treasurer i APPROVED AS TO CONTENT: Richard Mays, Community Dev lopment Coordinator APPROVED AS TO FORM: ��v " Susan M. Horton, Asst. City Attorney RESOLUTION NO. 2602 RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A CONTRACT LIITH THE CITY OF LUBBOCK FOR CERTAIN ACQUISITION, RELOCATION, CLEAR - CE, REPLATTING, DEDICATION OF RIGHTS-OF-WAY, AND RESALE SERVICES IN CONNECTION WITH THE WIDENING AND RELOCATION OF EAST 19TH STREET (PART OF THE POSEY LAKESIDE EAST AREA) WHEREAS, the City of Lubbock desires to widen and relocate East 19th Street in the vicinity of Spruce Avenue which is part of the Posey Lakeside East Area; and WHEREAS, the Urban Renewal Agency of the City of Lubbock has the staff, expertise, and renewal powers needed to carry out the acquisition, relocation, clearance, replatting, dedication of rights-of-way, and resale services required by such project; and WHEREAS, the City of Lubbock desires that the Agency perform such func- tions involving the properties along Spruce Avenue in order to avoid severances and in order that the occupants of said properties be given the most opportunit available to relocate and redevelop the Posey Lakeside East Association (PLEA Area); !.NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK: SECTION 1. THAT the proposed contract by and between the Urban Renewal Agency and the City of Lubbock for such services be and Is hereby approved. SECTION 2. THAT the Chairman or Vice -Chairman is hereby authorized and directed to execute for and on behalf of the Urban Renewal Agency ;a contract with the City of Lubbock to carry out the functions of acquisition, relocation, clearance, replatting, dedication of rights- of-way, and resale of certain properties along Spruce Avenue in connection with the relocation and widening of East 19th Street as a part of the PLEA Area redevelopment. On motion of Commissioner Burbridge , seconded by Commissioner tic Keever , the above and foregoing Resolution was passed this 13th day of July 1982, by the following vote: Commissioners voting "AYE": Burbridge, Cammack, Lang, Lara, Luskey, McKeever, McMahon, Nelson, Pipkin. Commissioners voting "NAY": None. G-� C FIA I It - � ATTEST or SECRETARY CERTIFICATE OF RECORDING OFFICER The undersigned hereby certifies that: 1. He'is the duly qualified and acting Secretary of the Urban Renewal Agency of the City of Lubbock (hereinafter called the Local Public Agency) and the custodian of the records of the Local Public Agency, including the journal of proceedings of the Board of Commissioners of the Urban Renewal Agency of the City of Lubbock (hereinafter called the "Governing Body"), and is duly authorized to execute this certificate. 2. Attached hereto is a true and correct copy of a resolution including the WHEREAS clauses, adopted at a meeting of the Governing Body held on the 13th day of July 1982 3. Said resolution has been duly recorded in the journal of said meeting and is now in full force and effect. 4. Said meeting was duly convened and held in all respects in accordance with law and the by-laws, due and proper notice of said meeting was given. A legal quorum of members of the Governing Body was present throughout said meet- ing and a legally sufficient number of members of the Governing Body voted in the proper manner for the adoption of said resolution. All other requirements and proceedings under, law, said by-laws, or otherwise, incident to the proper adoption of said resolution, including any publications, if required by laws, have been duly fulfilled, carried out, and otherwise observed. 5. The Seal appearing below,constitutes the Official Seal of the Local Public Agency and was duly affixed by the undersigned at the time this certifi- cate was signed. IN WITNESS WHEREOF, the undersigned has hereunto set his hand this 14th day of July 19 82 (Seal) SECRETARY OF THE URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS ,(A{\ RESOLUTION 1147 — 7/22/82 C,,ITY'SECRETARY-TREASURER CONTRACT FOR ACQUISITION AND RELOCATION AND SITE CLEARANCE AND RESALE SERVICES BETWEEN THE CITY OF LUBBOCK AND URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK THE STATE OF TEXAS COUNTY OF LUBBOCK THIS CONTRACT is entered into this 22nd day of Jul 1982, by and between the CI-TY-D-7-LUBBOCK, a home ru e municipa—1 corporation, hereinafter called "CITY", and the URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, hereinafter called "AGENCY". WITNESSETH: WHEREAS, the CITY may acquire certain rights-of-way pursuant to carrying out its transportation plan for relocation and wid- ening of certain streets and major thoroughfares; and WHEREAS, the CITY is to acquire certain rights-of-way in the vicinity of Spruce Avenue and East 19th Street for the relocation and widening of East 19th Street to make East 19th Street a major thoroughfare in accordance with the CITY'S Master Thoroughfare Plan; and WHEREAS, in order to avoid severance of several properties along Spruce Avenue, including several occupied structures, and in order that the occupants of said properties may have the most opportunity available to relocate and redevelop the; and present to such owner a written offer based on such established fair market value. B. The AGENCY will deliver the written offer to pur- chase the property to the owner (based upon the AGENCY'S review 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 Ac- quisition Policies Act of 1970, hereinafter called the "ACT". C. The AGENCY'S negotiator will explain to the owner the policies and requirements of the AGENCY with respect to the acquisition of the parcels of real property to be acquired as set forth in this con- tract. D. The AGENCY will discuss the offer to purchase with the respective owners of the parcels of real pro- perty, including information contained in the sum- mary statement on the basis of the offer, and all other terms and conditions of the option to see which will be presented to the respective owners thereof. K. The AGENCY will provide the owners of the respec- tive parcels of property every reasonable oppor- tunity to present evidence which the owner be- lieves 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 and desirable, and AGENCY staff shall report any proposed modifi- cation to AGENCY Director. F. The AGENCY will contact all parties to obtain releases of liens or any other instruments which the AGENCY'S ATTORNEY deems necessary for the purpose of securing fee simple title to all of the parcels to be acquired under this Contract. G. The AGENCY will provide such services with respect to the coordination of all the appraisal activi- ties, including the appraiser and review appraiser, as may be necessary. H. The AGENCY will provide all necessary legal ser- vices through its real estate legal services con- tract including, among others, examination of title, preparation of all instruments of convey- ance and other closing papers, making all ar- rangements for and concluding each closing, pre- paration of all petitions for condemnation and all legal work necessary to complete condemnation cases. 3. The AGENCY will provide relocation services with re- spect to the owners or tenants of the parcels of real property which are to be acquired by the AGENCY, in accordance with the Act, which will include: A. Notification to owners, tenants or any other per- son of relocation assistance that is available under the terms of the Act. B. Providing counseling services as necessary to the displaced owners, tenants or any other person who is entitled to relocation assistance under the Act. C. Preparing 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. D. Providing all necessary legal services through its real estate legal services contract in connection with relocation and property management. 4. The AGENCY will provide demolition and site clearance services on the parcels it acquires under this contract through its demolition and site clearance contracts including supervision thereof. 5. The AGENCY will provide replatting and disposition ser- vices for the property acquired under this contract including the dedication of East 19th Street Right-of-way in accordance with the traffic plan of the CITY and the approved Urban Renewal Plan for the Area. 6. The AGENCY agrees to maintain such records as may be re- quired by the Act, which is understood to govern the procedures employed in the acquisition of such parcels of real property and the relocation of the occupants for the purposes set forth here- in. The AGENCY further agrees to maintain records required for clearance and demolition, for replatting and resale until the property is finally sold to private redevelopers and the streets and/or alleys dedicated to the public. 7. The AGENCY will, based upon the appraisals and review appraisal of each parcel, establish the fair market value of each parcel, and pursuant to the establishment thereof, the AGENCY shall make all certifications relating thereto as required by the Act. 8. The AGENCY will be responsible for the management of properties acquired hereunder after acquisition of the parcels set forth herein until such time as all relocation of the occu- pants has taken place and the property is disposed to private redevelopers and/or dedicated as right-of-way as appropriate. 9. The AGENCY will be responsible for any eviction or con- - demnation proceedings that may become necessary and the AGENCY will institute and take part in any such proceedings as needed. 10. It is agreed that the CITY shall pay to the AGENCY an amount not to exceed ONE HUNDRED FORTY-FIVE THOUSAND DOLLARS ($145,000.00) for the services performed under this agreement with such payment or payments to be paid upon the submission of a request or requests for payment by the AGENCY to the Community Development Coordinator. The AGENCY will be paid for the actual costs of rendering and performing the services (not to exceed six percent (6%) of the total contract exclusive of legal fees) as set forth in this agreement in connection with the properties set forth in Exhibit A of this contract. Legal fees incurred by the AGENCY in performing this contract will be reimbursed separately, and not included in determining the six percent (6%) limit. 11. The AGENCY agrees and is hereby bound in the execution of this contract by the requirements and provisions as set forth in Part II: Terms and Conditions, attached hereto and by refer- ence made a part hereof for all particulars as though fully set out herein. 12. This contract shall terminate upon the completion by the parties and satisfaction of all terms and provisions provided hereunder. 13.. This contract constitutes and expresses the entire agreement between the parties hereto and shall not be amended or modified except by written instrument signed by both parties. IN WITNESS WHEREOF, the CITY and AGENCY have executed this Contract as of the first date above written. CITY 0 LUB C B L c IST R, MAYOR ATTEST-: Eirelyn Gfffge, Cit Sc, tart' -Treasurer APPROVED AS TO CONTENT: Rii:hard Mays, Community Deve opment Coordinator APPROVED AS TO FORM: Susan M. Horton, sst. City Attorney URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK, TEXAS I� eorge H. Ne so Chairman ATTEST: -H.O. Alderson, Secretary 56500-32-7 56500-32-8 56500-32-9 56500-32-10 56500-32-11 56500-33-1 56500-33-2 56500-33-3 56500-33-4 EXHIBIT A Lot 7, Block 32 Morrow Re -Sub Lot 8, Block 32 Morrow Re -Sub Lot 9, Block 32 Morrow Re -Sub Lot 10, Block 32 Morrow Re -Sub Lot 11, Block 32 Morrow Re -Sub Lot 1, Block 33 Morrow Re -Sub Lot 2, Block 33 Morrow Re -Sub Lot 3, Block 33 Morrow Re -Sub Lot 4, Block 33 Morrow Re -Sub