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HomeMy WebLinkAbout020193 RES - 02/09/1988A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACTUAL AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION RELATIVE TO THE ACQUISITION OF TWO PARCELS FOR THE CROSSTOWN EXPRESSWAY EXTENSION LAND ACQUISITION PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a contractual agreement with the State Department of Highways and Public Transportation relative to the acquisition of two parcels for the Crosstown Expressway Extension Land Acquisition project all as more fully set forth in the contractual agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. ATTEST: City Secretary AYOR APPROVED: 2f,DAY OF ,J4/vepf y , 19 gS HAL GEORGE, CITY ATTORNEY By Assigtant City Attorney 205RP075.res THE CITY OF CORPUS CHRISTI, TEXAS 20193 MICROFILMED State Department of Highways and Public Transportation Form D-15-37, Page 1 of 4 Rev. 3-86 THE STATE OF TEXAS COUNTY OF TRAVIS Contractual Agreement for Right of Way Procurement (City Form) X X X Contract No County Nueces Project No. 0326-01- CSJ No 0326 -01 - Account No 0326 -01 - This Agreement by and between the State of Texas, acting by and through the State Department of Highways and Public Transportation, hereinafter called the State, and Ci ty of Corpus Chri sti , Texas, acting by and through its duly authorized official under Ordinance dated day of , 19 , hereinafter called the City, shall be effective on the date of approval and execution by and on behalf of the State. WHEREAS, the State has deemed it necessary to make certain highway improvements on Highway No. S _ H 2R6 From S H 352 To F.M. 43 except that portion which is outside the Corpus Chri sti city 1 i mi is , and which section of highway improvements will necessitate the acquisition of certain right of way; and WHEREAS, it is agreed that such right of way purchase shall be by joint effort of the State and the City; NOW, THEREFORE be it agreed that acquisition of such right of way shall be in accordance with the terms of this contract and in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. The State hereby authorizes and requests the City to proceed with acquisition and the State agrees to reimburse the City for its share of the cost of such right of way providing such acquisition and reimbursement are accomplished according to the provisions outlined herein and agreed to by both parties hereto.* Location Surveys and Preparation of Right of Way Data: The State, without cost to the City, will do the necessary preliminary engineering and title investigation in order to supply to the City the data and instruments necessary to obtain acceptable title to the desired right of way. Determination of Right of Way Values: The City agrees to make a determination of property values for each right of way parcel by methods acceptable to the City and to submit to the State's District Office a tabulation of the values so determined, signed by the appropriate City representative. Such tabulations shall list the parcel numbers, ownership, acreage, and recommended compensation. Compensation shall be shown in the component parts of land taken, itemization of improvements taken, damages, if any, (offset by enhancements, if any,) to the remainder, if any, and the amounts the total compensation will be reduced if the owner retains improvements. This tabulation shall be accompanied by an explanatiOn to support the determined values, together with a copy of information or reports used in arriving at all determined values. Such work will be performed by the City at its expense without cost participation by the State. The State will review the data submitted and may base its reimbursement on the values which are determined by this review. The State, however, reserves the right to perform at its own expense any additional 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 reimburse- ment. If at any stage of the project development it is determined by mutual agreement between the State and City that there should be waived the requirement that the City submit to the State property value determina- tions for any part or all of the required right of way, the City will make appropriate written notice to the State of such waiver, such notice to be acknowledged in writing by the State. In instances of such waiver, the State by its due processes and at its own expense will make a determination of values to constitute the basis for State reimbursement. *The City shall be responsible for the acquisition of one (1) residential parcel and one (1) non-residential parcel for the said improvements on Highway No. S.H. 286. Any additional acquisitions on behalf of the State by the City shall be determined by separate agreements. -A m 11 State Department of Highways sad Public Transportation "Form D-15317. s Page 3 of 4 Rev. 546 Relocation of Utilities: If the required right of way encroaches upon an existing utility located on, its own right of way and the proposed highway construction requires the adjustment, removal or relocation of the utility facility, the State will establish the necessity for the utility work. State, participation m the cost of making the necessary change, less any resulting increase in the value to the utility and less any salvage value obtainable, may be obtained by either the "actual cost" or "lump sum" procedures. Reimbursement under "actual cost" will be made subsequent to the City's certification that the work has been completed and will be made in an amount equal to 90 percent of the eligible items of cost as paid to the utility owner. The "lump sum" procedure requires that the State establish the eligibility of the utility work and enter into a three -party agreement with the owners of the utility facilities and the City which sets forth the exact lump sum amount of reimbursement based on a prior appraisal. The utility will be reimbursed by the City after proper certification by the utility that the work has been done, said reimbursement to be on the basis. of the prior lump sum agreement. The State will reimburse the City in an amount equal to 90 percent of the firm commitment as paid to the utility owner. The foregoing is subject to the provision that the individual lump sum approved value shall not exceed $20,000, except as specifically approved by the State. In those cases where a single operation is estimated to exceed $20,000, the transaction will be brought to the attention of the State for determination of proper handling based upon the circumstances involved. Such utility firm commitment will be an appropriate item of right of way. The adjustment, removal or relocation of any util- ity line on publicly owned right of way by sufferance or permit will not be eligible for State reimbursement. The term "utility" under this contract shall include publicly, privately, and cooperatively owned utilities. Fencing Requirements: The City may either pay the property owner for existing right of way fences based on the value such fences contribute to the part taken and damages for an unfenced condition resulting from the right of way taking, in which case the estimated value of such right of way fences and such damages will be included in the recommended value and the approved value, or the City may do the fencing on the prop- erty owner's remaining property. Where the City performs right of way fencing as a part of the total right of way consideration, neither the value of existing right of way fences nor damages for an unfenced condition will be included in the recom- mended value or the approved value. State participation in the City's cost of constructing right of way fencing on the property owner's remainder may be based either on the actual cost of the fencing or on a predetermined lump sum amount. The State will be given credit for any salvaged fencing material and will not participate in any overhead costs of the City. If State participation is to be requested on the lump sum basis, the State and the City will reach an agree- ment prior to the actual accomplishment of work as to the necessity, eligibility, and a firm commitment as to the cost of the entire fencing work to be performed. The foregoing is subject to the provision that the lump sum approved cost shall not exceed $20,000, except as specifically approved by the State. In case the fencing is estimated to exceed $20,000, the transaction will be brought to the attention of the State for deter- mination of proper handling based upon the circumstances involved. Reimbursement: The State will reimburse the City for right of way acquired after the date of this contract in an amount not to exceed 90 percent 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 90 percent of the State's predetermined value of each parcel, or the net cost thereof, whichever is the lesser amount. If condemnation is necessary and title is taken as set forth herein under the section headed "Condemnation," the 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 City as provided by other provisions of this agreement. If a lump sum fencing or utility adjustment agreement has been executed, the State will reimburse the City in the amount of 90 percent of the predetermined lump sum cost of the right of way fencing or utility adjustment. If the City prefers not to execute a lump sum agreement for either fencing or utility adjustments, the State will reimburse on the actual cost of such adjustments. The City's request for reimbursement will be sup- ported by a breakdown of the labor, materials and equipment used. Corpus Christi, Texas q day of The above resolution was passed by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong 99.066.01 20193 , 1988