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Home My WebLink About021704 ORD - 07/20/1993AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACTUAL AGREEMENT BETWEEN THE CITY AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR PROCUREMENT OF RIGHT-OF-WAY FOR HOLLY ROAD FROM RODD FIELD ROAD TO AYERS STREET; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, be and is hereby authorized to enter into a contractual agreement with the Texas Department of Transportation for procurement of right-of-way for Holly Road from Rodd Field Road to Ayers Street, a substantial copy of which is attached and incorporated as Exhibit "N' SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 2o day of �l , 19 Q3 . ATTEST: , \, THE CITY OF CORPUS CHRISTI r. ando Chapa, City Se'f Lary MAYOR, MA % RHODES APPROVED: 1 3 DAY OF k JAMES R. BRAY JR., CITY ATTORNEY Bv: 1 'son Gallsway Assistant City Attorney AG5000.380.ajr , 19, 3 021704 MICROFILMED THE STATE OF TEXAS COUNTY OF TRAVIS CONTRACTUAL AGREEMENT FOR PROCUREMENT OF RIGHT OF WAY Contract No. County muprP4 Project CSJ No. 8043-16-003 Account No. 6016-50-2 This agreement by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the State, and City of Corpua_Shri sti , Texas, acting by and through its duly authorized officials under Ordinance dated the 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 Holly Road , from Rodd Field Road to Ayers Street , and which section of highway improvements will necessitate the acquisition of certain right of way, relocation of certain utilities and displacement of individuals or businesses; and WHEREAS, it is agreed that such right of way acquisition is the City's responsibility without cost to the State, the City and State will share the cost of relocating eligible utilities and the relocation of persons displaced by the right of way taking is the State's responsibility without cost to the City. NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be derived therefrom, it is agreed that acquisition of the necessary right of way, relocation of utilities and displacement of individuals and businesses 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. Preliminary Title Investigation: The City without cost to the State will do the necessary preliminary title investigation and gather the data and instruments necessary to obtain title to the desired right of way which is acceptable to the City. Determination of Right of Way Values and Parcel Negotiations: The City agrees to make a determination of property value for each right of way parcel required in accordance with Federal and State law as established in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. The City also agrees to negotiate for each right of way parcel in accordance with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Such work will be performed by the City at its expense without cost participation by the State. Condemnation: Upon a failure to agree on compensation due a property owner, condemnation proceedings will be instituted by the City. The City will obtain current title information at the time condemnation proceedings are to be initiated. Said proceedings will be initiated at a time selected by the t {`l City and will be the City's responsibility at its own expense including all attorneys fees. The City will accomplish the legal procedures and curative matters found to be necessary as a result of its title investigation to properly vest title in the City. Court costs and costs of Special Commissioners' Hearings assessed against the City in condemnation proceedings and fees incident thereto will be paid by the City without State participation. 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 in 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 50 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 50 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 utility 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. Relocation Assistance and Incidental Expense: The State, without participation by the City, will perform relocation advisory services and make payments required to relocate persons or personal property displaced from the right of way in compliance with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and in accordance with the State's approved policies for relocation of persons and personal property. Incidental expense incurred by property owners in conveying the required right of way to the City will be reimbursed by the State in compliance with Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and in accordance with approved State policy. General: It is understood that if unusual circumstances develop in the right of way acquisition which are not clearly covered by the terms of this agreement, such unusual circumstances or problems will be resolved by mutual agreement between the State and the City. 2 CITY OF corpus christi, Texas EXECUTION RECOMMENDED: By: Mayor District Engineer A I-1 EST: APPROVED: day of fc AvAty, 4 si.kmk ctky cti.urt Assistant Ci y Attorney , 1993 3 THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order 100002. BY: Director of Right of Way DATE: Corpus Christi, Texas 20 day of JectAA. , 19 q3 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE CITY 0 CORPUS CHRISTI The above ordinance was passed by the following vote: Mary Rhodes //�� Jack Best lAN\L, Melody Cooper _ abiatar Cezar Galindo Betty Jean Longoria Edward A. Martin Dr. David McNichols David Noyola Clif Moss (I \forms\045 ,1704