HomeMy WebLinkAbout030705 RES - 12/15/2015 Resolution authorizing the City Manager or designee to execute a
Four Party Agreement with the Texas Department of Transportation
(TxDOT), the Port of Corpus Christi Authority (Port), and the Corpus
Christi Housing Authority, to provide duties effectively required by
the Federal Highway Administration related to TxDOT's construction
of the Harbor Bridge; issuing consent for the Port's acquisition of
property pursuant to Texas Water Code § 62.106(d); and making
further authorizations and declarations related to said Four Party
Agreement
WHEREAS, on March 13, 2015, the Federal Highway Administration ("FHWA")
Coordination and Compliance Division received a complaint filed by the Texas Rio
Grande Legal Aid, Inc. on behalf of some residents of the Hillcrest Neighborhood
("Neighborhood") in Corpus Christi, Texas (the "Complaint") alleging, in part, that the
Texas Department of Transportation ("TxDOT") violated Title VI of the Civil Rights Act of
1964, 42 U.S.C. §2000d and 49 C.F.R. Part 21, when it selected the Red Alternative for
the Harbor Bridge Replacement Project ("Project");
WHEREAS, in response to the Complaint, to allow federal funding for the
construction of the Harbor Bridge, the FHWA is requiring TxDOT to make commitments
that TxDOT is meeting with the attached Four Party Agreement ("Four Party
Agreement") between the City of Corpus Christi ("City"), the Port of Corpus Christi
Authority ("Port"), and the Corpus Christi Housing Authority ("Housing Authority"), which
commitments and Four Party Agreement will provide for specific Title VI mitigation
actions to resolve the Complaint;
WHEREAS, the Four Party Agreement provides the Port will spend $20 million to
purchase property rights in the Hillcrest Area Neighborhood ("Neighborhood"), which
encompasses some of the area traditionally known as "Hillcrest" and other areas in the
vicinity thereof and is depicted in the attached Map of Hillcrest Area Neighborhood;
WHEREAS, under Texas Water Code § 62.107, the Port cannot acquire land
unless it can be used for certain purposes necessary for the continued development of
the Port of Corpus Christi and its waterways and will aid in the development of
navigation-related industries and businesses on the property ("Port Purposes"), and the
City declares that the Port may use the land it acquires in the Neighborhood for Port
Purposes;
WHEREAS, in order for some sellers of property who have non-resident partial
interests to be able to provide good and complete title to the Port under the
Neighborhood Acquisition Plan described in the Four Party Agreement, the Port may
choose to use eminent domain in a manner that is beneficial to residents of the
Neighborhood, for example, when requested by the owner of a property interest in
property being sold to the Port;
030705
INDEXED
WHEREAS, Texas law assists residents by providing increased eligibility for
relocation assistance if their properties are purchased by an entity with eminent domain
authority;
WHEREAS, therefore, the City desires to assist residents in participating in the
Neighborhood Acquisition Plan and to assist participants in their desire to receive
relocation benefits by providing the consent required under Texas Water Code § 62.106
to the Port's use of eminent domain;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager or designee is authorized to execute the attached Four
Party Agreement with the Texas Department of Transportation ("TxDOT"), the City of
Corpus Christi ("City"), the Port of Corpus Christi Authority ("Port"), and the Corpus
Christi Housing Authority ("Housing Authority") to provide for the actions required by the
Federal Highway Administration ("FHWA") for TxDOT's construction of the Harbor
Bridge under the US 181 Harbor Bridge Replacement Project. The City Manager is
further authorized to execute amendments and changes to the Four Party Agreement
that do not increase the duties or required expenditures by the City.
SECTION 2. In accordance with Texas Water Code § 62.106, the City of Corpus Christi
consents to the Port's use of eminent domain in the acquisition of property interests in
the Neighborhood. The City recognizes limitations to the exercise of that authority that
are incorporated into the attached Four Party Agreement. The City also recognizes the
intent of the Four Party Agreement to limit, during its term, the use of eminent domain to
acquisitions that benefit the purported owners of interests in property being acquired.
SECTION 3. The City hereby declares its support for the Neighborhood Acquisition Plan
described in the attached Four Party Agreement. The City further commits to make such
changes to its regulatory structure over property in the Neighborhood, if any such
changes are necessary, that will enable the property in the Neighborhood to be used for
Port purposes.
SECTION 4. City staff are authorized to execute all other documents necessary to
effectuate the terms of the Four Party Agreement, in a form to be approved by the City
Attorney.
ATTEST THE CITY OF CORPUS CHRISTI
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Rebecca Huerta Bn cul �S
City Secretary Mayor {eoT XYZ
Corpus Christi, Texas
I 5ofDeamio-ee , 2015
The above resolution was passed by the following vote:
Nelda Martinez I '
Rudy Garza .�
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Chad Magill .
Colleen McIntyre
Lillian Riojas
Brian Rosas 1 I.'
Lucy Rubio
Mark Scott
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Carolyn Vaughn
030705
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HARBOR BRIDGE REPLACEMENT PROJECT
CORPUS CHRISTI, TEXAS
Four Party Agreement
This Agreement ("Agreement") is made by and between the Texas Department of
Transportation ("TxDOT"), the Port of Corpus Christi Authority of Nueces County, Texas
("Port"), the City of Corpus Christi, Texas ("City"), and the Corpus Christi Housing
Authority ("Housing Authority"). TxDOT, the Port, the City, and the Housing Authority
are each referred to as a "Party," and collectively as the "Parties."
RECITALS
WHEREAS, the Federal Highway Administration ("FHWA") and TxDOT have
proposed the replacement of the current Harbor Bridge in Corpus Christi, Texas (the
"Project"). The bridge spans the Corpus Christi Ship Channel. FHWA and TxDOT, as
joint lead agencies, initiated the National Environmental Policy Act ("NEPA") evaluation
of the Project in 2011 and prepared an environmental impact statement (EIS);
WHEREAS, on March 13, 2015, the FHWA Coordination and Compliance
Division received a complaint under Title VI of the Civil Rights Act of 1964 (42 U.S.C.
§2000d) and 49 C.F.R. Part 21, submitted by two individuals who reside in the Hillcrest
neighborhood in the City of Corpus Christi (the "Complaint");
WHEREAS, FHWA and TxDOT propose to enter a Voluntary Resolution
Agreement ("Two Party Agreement") to implement specific Title VI mitigation actions for
the Project and resolve the Complaint (Exhibit B). This Four Party Agreement is an
agreement by the undersigned Parties who have joined together to implement the
requirements of the Two Party Agreement; and
WHEREAS, TxDOT is authorized to enter into an interlocal contract with one or
more local governments under Transportation Code §201.209, the Port is authorized to
enter into a contract with any person, government or governmental agency necessary or
convenient to carry out any of the powers granted to the Port in Subchapter E of
Chapter 60, Water Code, the City is authorized to enter into an interlocal contract under
Government Code, ch. 791, and the Housing Authority may cooperate with a
municipality, political subdivision, or the state, in action taken with respect to the
problems of providing housing for persons of low income under Local Government Code
§392.059; and
WHEREAS, the Port supports the Project for a new, modern, efficient and safe
Harbor Bridge which will improve the operations of the Port of Corpus Christi and make
it more attractive to new industry;
NOW THEREFORE, in consideration of the foregoing recitals, which are
incorporated herein, and the mutual promises of the Parties set forth herein, the Parties
agree as follows:
AGREEMENT
Section 1. Effective Date. The Agreement shall become effective
contemporaneously with the FHWA's issuance of the Record of Decision for the Project
("Effective Date"), which approves of the Preferred Alternative identified in the Final EIS
signed on November 25, 2014.
Section 2. Effective Period. The Agreement will be in effect starting with the Effective
Date and ending on the date the new Harbor Bridge is open to traffic ("Effective
Period"). However, the obligations of the Parties to this Agreement shall be suspended
during any period that the Harbor Bridge Project (Red Alternative) is suspended due to
the actions of any federal or state agency, litigation, or administrative action related
thereto. If the Harbor Bridge Project (Red Alternative) is terminated, this Agreement will
cease to be effective.
Section 3. Exhibits. This Agreement incorporates herein the exhibits which show the
Two Party Agreement, certain defined terms used in the Agreement, and show the
action measures each Party will perform.
Section 4. Responsibility.
4.1 Each Party is responsible for performing the action items described in the
exhibit identified for that Party attached to the Agreement. In addition, TxDOT is
responsible to oversee the action items to be carried out by the Port, City, and the
Housing Authority and to ensure completion of such items.
4.2 Nothing in this Agreement shall be deemed or construed by the Parties,
nor by any third party, as creating the relationship of principal and agent or of
partnership or of joint venture between the Parties.
Section 5. Record Keeping and Reporting.
5.1 Record Keeping. The Port and the City each shall maintain records of
their work performed under this Agreement as it relates to each Neighborhood Property.
The records shall be organized using a common identifying label for each property
using the unique identifying record indicator established by the Nueces County
Appraisal District.
5.2 Record Keeping Required by Two Party Agreement. The reporting
requirements in this paragraph apply to the Port, City, and Housing Authority (the "Local
Governmental Entities"). The Local Governmental Entities shall each maintain the
records required by the Two Party Agreement that relate to their respective
responsibilities under this Agreement.
5.3 Quarterly Reports by Port, City, Housing Authority. Each Local
Governmental Entity shall submit one completed progress report quarterly, in a
form/format provided by TxDOT, describing the work and progress made to carry out
the action items it is responsible for under the Agreement, and as is necessary to satisfy
the reporting requirements of the Two Party Agreement as they relate to their respective
2 .
responsibilities. Each Local Governmental Entity must submit a report for the periods
of: October 1 to December 31, January 1 to March 31, April 1 to June 30, and July 1 to
September 30, for the duration of the Effective Period. The Local Governmental Entity
shall furnish one copy of the completed progress report to TxDOT on or before the
thirtieth (30th) calendar day of the month following the end of the period for which the
report is submitted. The Local Governmental Entity must complete the report in its
entirety with the most accurate information available at the time of reporting. It must be
able to support the information contained in its progress reports.
5.4 Quarterly Report by City's Liaison. The City shall submit quarterly reports
to TxDOT as required by the Two Party Agreement that relate to the Liaison's duties.
5.5 Quarterly Report by TxDOT. TxDOT shall submit to FHWA one progress
report quarterly, in a form/format approved by FHWA, describing the work and progress
made to carry out the action items that TxDOT is responsible for under the Proposal.
TxDOT must submit the quarterly reports for the duration of the Effective Period.
TxDOT shall furnish one copy of the completed progress report to FHWA on or before
the sixtieth (60th) calendar day following the end of the period for which the report is
submitted. TxDOT must complete the report in its entirety with the most accurate
information available at the time of reporting. It must be able to support the information
contained in its progress reports.
Section 6. Inspection by FHWA. TxDOT and the Local Governmental Entities each
agree to permit FHWA, or its authorized representatives, to inspect all work and other
data, and to audit the books, records, and accounts of the Party and its contractors
pertaining to performing the action items described in the Agreement.
Section 7. Dispute Resolution.
7.1 Informal Resolution Procedures as Condition Precedent. Any disputes
among the Parties relating to this Agreement (a "Dispute"), shall be the subject of the
informal dispute resolution procedures set out in this Section 7 before a Party may
exercise any other rights and remedies available under Section 7.3.
7.2 Informal Resolution. If any Party believes a Dispute exists, that Party may
notify the other Parties in writing that a Dispute exists. A Party may notify another Party
that the provisions of this Section 7 are invoked (the "Resolution Start Notice"). The
notice must include (a) the statement of such Party's position on the Dispute, (b) a
summary of the reasons supporting such Party's position and (c) a proposed resolution
to such Dispute that would be satisfactory to such Party. Within ten (10) business days
from receipt of the Resolution Start Notice, the Party receiving the notice shall deliver to
the other Party a written response to the Dispute (a "Resolution Response Notice").
Each Resolution Response Notice shall include (i) a statement of such Party's position
on the Dispute, (ii) a summary of the reasons supporting such Party's position and (iii) a
proposed resolution of such Dispute that would be satisfactory to such Party. Each
Party will designate a senior executive of such Party (the "Designated Executive") and
agrees that such Designated Executives shall have full authority to resolve such
Dispute. A Party may replace its Designated Executive upon written notice to the other
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Party. The Designated Executives shall immediately begin to communicate regarding
the Dispute, including attendance at a personal meeting if requested by the other
Designated Executive, and shall exercise good faith efforts to resolve the Dispute fairly
and completely within forty five (45) days after the date of the Resolution Response
Notice. A Party sending a written notice under this section must send a copy of the
notice to all other Parties, whether such other Parties are the subject of the Dispute or
not.
7.3 Other Rights and Remedies. If a Dispute has been the subject of informal
resolution in accordance with this Section 7, and such procedures are concluded
without a resolution to the Dispute that is satisfactory to both Parties, either Party shall
be entitled to exercise any other rights and remedies available under this Agreement, or
available at law or equity.
7.4 Performance. Each of the Parties shall continue performance under this
Agreement during the process of resolving a Dispute.
Section 8. Enforcement.
8.1 The Local Governmental Entities each acknowledge and understand that
if it does not fulfill its obligations under this Agreement, then TxDOT may assume all or
part of their respective obligations. In that event, the Local Governmental Entities agree
to reimburse TxDOT for all expenses, obligations, liabilities, costs and fees incurred by
TxDOT in connection with assuming their respective obligations under this Agreement.
Should TxDOT determine that one of the Local Governmental Entities is not in
compliance with the Agreement, then TxDOT may take appropriate action to exercise its
rights and remedies available under this Agreement, or available at law or equity. The
Local Governmental Entities each acknowledge that TxDOT has provided valuable
consideration in this Agreement and that TxDOT is authorized to seek remedies at law
or equity to compel it's compliance with the Agreement. THE LOCAL
GOVERNMENTAL ENTITIES EACH EXPRESSLY COVENANT AND AGREE, TO THE
FULLEST EXTENT PERMITTED BY LAW INCLUDING THE TEXAS CONSTITUTION,
TO PROTECT, INDEMNIFY, RELEASE, DEFEND AND HOLD FREE AND HARMLESS
TXDOT AND ITS OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES,
INVITEES, AGENTS, AND CONTRACTORS FROM AND AGAINST ANY AND ALL
LIABILITIES, LOSSES, COSTS AND EXPENSES (THE "LIABILITIES"), ARISING
FROM OR AS A RESULT OF THE PARTY'S FAILURE TO CARRY OUT THE ACTION
ITEMS DESCRIBED IN THE EXHIBIT IDENTIFIED FOR THAT PARTY ATTACHED TO
THE AGREEMENT. The Local Governmental Entities each acknowledge that TxDOT,
upon determining that such Party is indebted to TxDOT for Liabilities incurred under this
Agreement (to the maximum extent of the indebtedness amounts described below),
may submit a report to the Texas Comptroller under Texas Government Code Section
403.055 concerning holds on warrants or electronic funds transfers.
8.2 The Port acknowledges that TxDOT has provided valuable consideration
in this Agreement. The Port acknowledges that if it fails to carry out the action items
described in Exhibit C, that such failure constitutes a breach of the Agreement and an
indebtedness to TxDOT in the amount of$20 million less all Acquisition Costs (as
4
described under the heading "Reimbursement of acquisition costs over $20 million" in
Exhibit C) paid by the Port. TxDOT shall provide notice of the Port's breach and an
opportunity to resolve the dispute in accordance with Section 7 of this Agreement.
TxDOT shall submit a report to the Texas Comptroller under Texas Government Code
Section 403.055, concerning holds on warrants or electronic funds transfers, identifying
the Port as a debtor to the state.
8.3 The City acknowledges that TxDOT has provided valuable consideration
in this Agreement. The City acknowledges that if it fails to carry out the action items
described in Exhibit D, that such failure constitutes a breach of the Agreement and an
indebtedness to TxDOT in the amount of$320,000. TxDOT shall provide notice of the
City's breach and an opportunity to resolve the dispute in accordance with Section 7 of
this Agreement. TxDOT shall submit a report to the Texas Comptroller under Texas
Government Code Section 403.055, concerning holds on warrants or electronic funds
transfers, identifying the City as a debtor to the state, in an amount not to exceed
$320,000, less any amount the City has already expended under the Agreement.
8.4 The Housing Authority acknowledges that TxDOT has provided valuable
consideration in this Agreement. The Housing Authority acknowledges that if it fails to
carry out the action items described in Exhibit F, that such failure constitutes a breach of
the Agreement and an indebtedness to TxDOT in the amount of$1,500,000. TxDOT
shall provide notice of the Housing Authority's breach and an opportunity to resolve the
dispute in accordance with Section 7 of this Agreement. TxDOT shall submit a report to
the Texas Comptroller under Texas Government Code Section 403.055, concerning
holds on warrants or electronic funds transfers, identifying the Housing Authority as a
debtor to the state, in an amount not to exceed $1,500,000, less any amount the
Housing Authority has already expended under the Agreement.
8.5 The Local Governmental Entities each acknowledge that should it fail to
carry out the obligations described in the exhibit to this Agreement identified for that
Party, that TxDOT will request of the Corpus Christi Metropolitan Planning Organization
("Corpus Christi MPO") that any future Metropolitan Mobility/Rehabilitation funds or
other MPO fund sources that would otherwise be identified, programmed, or awarded to
such Party for transportation projects, shall instead be programmed for TxDOT's use for
purposes of TxDOT assuming those obligations to ensure their completion. The Local
Governmental Entities further acknowledge and agree that should TxDOT be required
to reimburse the Port for costs of the Neighborhood Acquisition Plan that exceed $20
million (as provided for in Exhibit C), that TxDOT will request of the Corpus Christi MPO
that any future Metropolitan Mobility/Rehabilitation funds or other MPO fund sources (up
to the amount of the required reimbursement) that would otherwise be identified,
programmed, or awarded to one or more of the Local Governmental Entities, shall
instead be programmed for TxDOT's use for purposes of TxDOT funding its obligations
under Exhibit C. The Local Governmental Entities each hereby commit that they will
agree with TxDOT's request and not take any action to object to or oppose TxDOT's
request or the Corpus Christi MPO's approval and implementation of the request.
Section 9. Party Representative; Notices. The Parties each appoint a Party
representative, a person whose role, on behalf of a Party, is to coordinate with the other
5
Parties on all work matters related to this Agreement, including working directly or
indirectly with the public. Each Party reserves the right to change the designation of its
representative from time to time by written notice to the other Parties. All requests,
notices, demands, authorizations, directions, consents, waivers or other communications
(collectively, "Notices") required or permitted under this Agreement shall be in writing and
sent to the Party representative. Notices shall either be: (a) delivered in person, (b) sent
by certified mail, postage prepaid, return receipt requested, using the United States Postal
Service, or (c) delivered by a nationally recognized overnight courier service that obtains
receipts. Each Notice shall be deemed to be delivered to a Party when received at its
address set forth or designated as provided in this section.
Notices must be addressed to TxDOT at:
Christopher Caron, P.E.
District Engineer
Texas Department of Transportation
1701 South Padre Island Drive
Corpus Christi, TX 78416
(361) 808-2221
Chris.Carontxdot.gov
Notices must be addressed to the Port at:
John P. LaRue
Executive Director
Port of Corpus Christi Authority
222 Power Street
Corpus Christi, TX 78401
(361) 885-6189
johnCa pocca.com
Notices must be addressed to the City at:
Miles Risley
City Attorney
City of Corpus Christi Legal Department
1201 Leopard Street
P. O. Box 9277
Corpus Christi, TX 78469
(361) 826-3361
milesr(c cctexas.com
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Notices must be addressed to the Housing Authority at:
Gary Allsup
Chief Executive Officer
Corpus Christi Housing Authority
3701 Ayers Street
Corpus Christi, TX 78415
(361) 889-3350
gary allsuphacc.org
Section 10. Entire Agreement. This Agreement contains the entire agreement among
the Parties with respect to the subject matter hereof, and no oral statements or prior
written materials not specifically incorporated herein shall be effective. No variation,
modification, or changes hereof shall be binding on any Party unless set forth in a
document executed by all of the Parties.
Section 11. Assignment. Except as provided in the Voluntary Restrictive Covenant
Program described in Exhibit C, the rights and/or obligations under this Agreement of
any Party may not be assigned except with the express written consent of the other
Parties. Any assignment in violation of this provision shall be void.
Section 12. Legal Construction. If one or more of the provisions contained in this
Agreement shall for any reason be held inapplicable, invalid, illegal, or unenforceable in
any respect, that inapplicability, invalidity, illegality, or unenforceability shall not affect
any other provisions and this Agreement shall be construed as if it did not contain the
inapplicable, invalid, illegal, or unenforceable provision.
Section 13. Sole Benefit. This Agreement is entered into for the sole benefit of the
Parties and their respective successors and permitted assigns. Nothing in this
Agreement or in any approval subsequently provided by a Party shall be construed as
giving any benefits, rights, remedies, or claims to any other person, firm, corporation or
other entity, including, without limitation, the public in general. Nothing in this
Agreement shall be construed as creating any liability in favor of any third party or
parties against any of the Parties, nor shall it be construed as relieving any third party or
parties from any liabilities of such third party or parties to FHWA, TxDOT, the Port, the
City, or the Housing Authority. The Parties do not waive, relinquish, limit or condition
their right to avoid liability which they otherwise might have to third parties.
Section 14. Execution. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which together shall be deemed to
be one and the same agreement. A signed copy of this Agreement delivered by
facsimile, e-mail or other means of electronic transmission shall be deemed to have the
same legal effect as delivery of an original signed copy of this Agreement.
IN WITNESS THEREOF, the Parties have caused this Agreement to be
executed by its duly authorized signatory, effective as provided herein.
PORT OF CORPUS C RISTI A THORITY
Dated: /Co -/.6-
John P. LaRue
Executive Director
CITY OF Co SCHRSTI
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REBECCA HUERTA
CITY SECRETARY
T. 1 DEPARTMENT OF RA SPORTATION
Dated: 41-\-7-0I
LtGen J.F. eber, USMC (Ret)
Executive Director
CORPUS CHRISTI HOUSING AUTHORITY
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Gary Allsup
President and Chief Executive Officer
Approved as to form: "r/
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Assistant City Attorney 0n
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SECRETAR
Exhibit A— Definitions
For purposes of this Agreement, each of the following terms shall have the
meaning set forth in this Exhibit A. Capitalized terms in this Agreement which are not
defined in this Exhibit A are defined in the text of the Agreement or other exhibits to the
Agreement.
"Acquired Property" shall mean the Neighborhood Property and any other
property in the Neighborhood acquired by the Port.
"Appraisal" shall mean a written statement independently and impartially
prepared by a qualified appraiser setting forth an opinion of defined value of an
adequately described property as of a specific date, supported by the presentation and
analysis of relevant market information.
"Business" means any lawful activity, except a farm operation, that is conducted
on property in the Neighborhood on January 1, 2016 and continuously thereafter:
(i) Primarily for the sale of products or services to the members of the
Neighborhood or surrounding community for which the business is reliant on the
Neighborhood for the majority of the sales; this determination will be made based on
type of business, products or services offered, the location of the business, and the
availability of the products or services outside of the Neighborhood; or
(ii) By a nonprofit organization that has established its nonprofit status under
applicable Federal or State law.
"Business Property" means any facility in the Neighborhood, including a church,
which is not Residential Property and in which a Business is conducted.
"Eligible Homeowners" shall mean, for any Owner Occupied Property, the Owner
or Owners of that property on January 1, 2016.
"Home Based Business" means a home based business located within an Owner
Occupied Property. The eligibility of a home based business must be shown by the prior
two years certified Federal tax returns showing business operation and a percentage of
the home used for the home based business. An eligible business would be relocated
and reestablished only if the Owner of the property opted to participate in the
Neighborhood Acquisition Program. The home value would be determined based on
normal appraisal practices and the offer would be made to the Owner of the property.
Separate relocation assistance packages (under the Relocation Program) would be
presented, one concerning relocation of the Owner, and one concerning relocation of
the business.
"Leathers Public Housing Complex" shall mean the 122-unit public housing
complex by that name located in the City of Corpus Christi, which is owned by the
Housing Authority and which is located adjacent to the Neighborhood.
Harbor Bridge Project Exhibit A
Four Party Agreement Page 1
"Neighborhood" shall mean the geographic area in the City of Corpus Christi that
is inside the green boundary lines shown in Attachment No. 1 (which attachment is
hereby incorporated into the Agreement).
"Neighborhood Acquisition Plan" or"Plan" shall mean the Port's plan to purchase
the Neighborhood Property as described under the headings "Neighborhood Acquisition
Plan" in Exhibit C attached to this Agreement.
"Neighborhood Property" means Residential Property and Business Property.
"Neighborhood Property Owners" shall mean, for any Neighborhood Property,
the Owner or Owners of that property on January 1, 2016 and who own it continuously
thereafter.
"Owner" shall mean, with respect to any Neighborhood Property, a person who
purchases or holds any of the following interests in the Neighborhood Property:
(i) Fee title, a life estate, a land contract, a 99 year lease, or a lease including
any options for extension with at least 50 years to run from the date of acquisition; or
(ii) An interest in a cooperative housing project which includes the right to
occupy a dwelling; or
(iii) A contract to purchase any of the interests or estates described in
subparagraphs (i) or (ii) above; or
(iv) Any other interest, including a partial interest, which in the judgment of
TxDOT warrants consideration as ownership.
"Owner Occupied Property" shall mean any dwelling in the Neighborhood that is
owned by one or more Owners and in which at least one Owner who is a natural person
resides on a permanent basis on January 1, 2016, and continuously thereafter, whether
or not additional persons may reside in the dwelling as Tenants. Owner occupancy
status would also apply for members of the military, or other owners, for whom there is
a legal, work related, or other necessary reason for the person to not actively occupy
the residence on January 1, 2016.
"Owner Occupied Restrictive Covenant" shall mean, for any Owner Occupied
Property, a legally enforceable restriction that permanently prohibits the use of the
property for residential purposes by anyone other than the Eligible Homeowners. Any
Owner Occupied Restrictive Covenant described in this Agreement shall be for the
benefit of TxDOT, the Port, and the City and may be enforced by any of these Parties.
"Person" means any individual, family, partnership, corporation, or association.
"Relocation Program" shall mean the Port's plan to provide relocation benefits in
connection with the Neighborhood Acquisition Plan as described under the heading
"Relocation Program" in Exhibit C attached to this Agreement.
Harbor Bridge Project Exhibit A
Four Party Agreement Page 2
"Residential Restrictive Covenant" shall mean, for any Neighborhood Property, a
legally enforceable restriction that permanently prohibits the use of the property for
residential purposes by anyone. Any Residential Restrictive Covenant described in this
Agreement shall be for the benefit of TxDOT, the Port, and the City and may be
enforced by any of these parties.
"Residential Rental Property" shall mean any dwelling in the Neighborhood,
including a single family house, a duplex for two or more families, or other multi-family
housing, which is not an Owner Occupied Property and in which one or more Tenants
reside on January 1, 2016. For properties in which a Tenant does not occupy the
property on January 1, 2016, to apply the definition, the Owner must show previous
tenant history for the two years immediately prior to the signing of this Agreement.
Should the property been occupied by tenants for at least 45 weeks of the prior two
years, the property would fall within the definition of Residential Rental Property. To be
eligible under the Neighborhood Acquisition Plan (described below) an Owner must own
the Residential Rental Property on January 1, 2016, and continuously thereafter. For
the absence of doubt, the Leathers Public Housing Complex is not a Residential Rental
Property for purposes of this Agreement.
"Residential Property" shall mean any Owner Occupied Property or Residential
Rental Property.
"Tenant" shall mean a person who has temporary use and occupancy of
Residential Property on January 1, 2016 and continuously thereafter. For the absence
of doubt, a person living in the Leathers Public Housing Complex is not a Tenant for
purposes of this Agreement.
"Uniform Act" shall mean the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended (42 U.S.C. §4601 et seq.).
"Voluntary Restrictive Covenant Program" or "Program" shall mean the Port's
program to purchase Owner Occupied Restrictive Covenants and Options as described
under the heading "Voluntary Restrictive Covenant Program" in Exhibit C.
Harbor Bridge Project Exhibit A
Four Party Agreement Page 3
Exhibit B
Voluntary Resolution Agreement
Harbor Bridge Project Exhibit B
Four Party Agreement
VOLUNTARY RESOLUTION AGREEMENT
I. Purpose
The Federal Highway Administration (FHWA) and the Texas Department of
Transportation (TxDOT) hereby enter into this Voluntary Resolution Agreement
(Agreement) to propose specific Title VI mitigation actions for the U.S. Highway 181
improvements from Beach Avenue to Morgan Avenue at the Crosstown Expressway
Project (Project). These actions will ensure the affected minority persons in the
Northside Community of Corpus Christi, Texas (Hillcrest and Washington-Coles)' do
not bear disproportionately high and adverse human health or environmental effects
as a result of the Project.
FHWA conducted an investigation pursuant to Title VI of the Civil Rights Act of 1964,
42 U.S.C. 2000d to 2000d-7 (Title VI) and its implementing regulations at 49 C.F.R.
Part 21. This investigation was initiated in response to an administrative complaint
filed by the Texas Rio Grande Legal Aid, Inc. on March 13, 2015, on behalf of two
individuals who live in Hillcrest.
The complaint alleged, in part, that TxDOT violated Title VI when the Red
Alternative2 for the Project was selected, which created a disparate impact for the
predominantly minority Hillcrest and Washington-Coles residents.
II. Applicability
Title VI provides that no person in the United States shall, on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination under any program or activity receiving
Federal financial assistance. Title 49 of the Code of Federal Regulations, Part 21
(the Regulations) implements Title VI for the U.S. Department of Transportation
(USDOT) and provides that Recipients may not, directly or through contractual or
other arrangements, utilize criteria or methods of administration which have the
effect of subjecting persons to discrimination because of their race, color, or national
origin, or have the effect of defeating or substantially impairing accomplishment of
the objectives of the program with respect to individuals of a particular race, color, or
national origin. TxDOT is a Recipient of Federal financial assistance from the FHWA,
and the Project includes Federal financial assistance.
1 This document incorporates the geographic boundaries for the Northside Community, Hillcrest
Neighborhood, and Washington-Coles Neighborhood as defined in the TxDOT Final Environmental
Impact Statement-US 181 Harbor Bridge-November 2014, and as depicted in Appendix A, Figure 3.5-
7(httos://ccharborbridgeproiect.files.wordpress.com/2012/02/appendix-a-fiqures1.odf).
2 Id. §2.8 Identification of the Recommended Alternative.
1
Ill. No Admission of Violation
By signing this Agreement, TxDOT, disputes that a Title VI violation has occurred.
IV. Effective Date, Term of the Agreement, and Timelines
The term of this Agreement (Term) shall commence on the date FHWA issues the
Record of Decision for the Project, which approves of the Preferred Alternative
identified in the Final EIS signed on November 25, 2014 (Effective Date) and shall
terminate after the date FHWA approves the final voucher for the Project. If the
Project (Red Alternative) is terminated, this agreement will cease to be effective.
Should the project be suspended due to funding or legal action, the actions required
in this Agreement are suspended during the time of the Project suspension.
If TxDOT is unable to comply with the initial timelines in this document, then TxDOT
may request an extension, which shall not be unreasonably withheld. If TxDOT does
not comply with the timelines agreed to under this Agreement, then FHWA may
pursue potential sanctions, as discussed in Section XI of this Agreement.
V. Definitions
For the purpose of this Agreement, the terms listed below shall have the following
meanings:
Appraisal means a written statement independently and impartially prepared by a
qualified appraiser setting forth an opinion of defined value of an adequately
described property as of a specific date, supported by the presentation and analysis
of relevant market information.
Business means any lawful activity, except a farm operation, that is conducted on
property located in the Neighborhood, as of January 1, 2016 and continuously
thereafter:
(i) Primarily for the sale of products or services to the members of the
Neighborhood or surrounding community for which the business is reliant on
the Neighborhood for the majority of the sales;3
(ii) By a nonprofit organization that has established its nonprofit status under
applicable Federal or State law;
(iii)A home based business located within an Owner Occupied Property.4
3 This determination will be made based on type of business, products or services offered,the location of
the business, and the availability of the products or services outside of the Neighborhood.
2
D.N. Leathers I or Leathers shall mean the 122-unit public housing complex by that
name located in the City of Corpus Christi, which is owned by the Corpus Christi
Housing Authority and which is located adjacent to the Hillcrest neighborhood.
Days shall mean calendar days.
Neighborhood shall mean the geographic area in the City of Corpus Christi
bounded by West Broadway Street, Floral, Martin Luther King Drive, and the right of
way line of the Project, as shown in Appendix A (the area inside the green
boundary lines) attached to and made part of this Agreement.
Owner means a person who purchases or holds any of the following interests in real
property:
(i) Fee title, a life estate, a land contract, a 99 year lease, or a lease including
any options for extension with at least 50 years to run from the date of
acquisition; or
(ii) An interest in a cooperative housing project which includes the right to occupy
a dwelling; or
(iii)A contract to purchase any of the interests or estates described in
subparagraphs (i) or (ii) of this section; or
(iv)Any other interest, including a partial interest, which in the judgment of
TxDOT warrants consideration as ownership.
Owner Occupied Property means any dwelling in the Neighborhood that is owned
by one or more Owners and in which at least one Owner that is a natural person
resides in the dwelling on a permanent basis on January 1, 2016, and continuously
thereafter, whether or not additional persons may reside in the dwelling as Tenants.5
Person means any individual, family, partnership, corporation, or association.
Residential Property means any Owner Occupied Property or Residential Rental
Property.
4 The eligibility of a home based business must be shown by the prior two years certified Federal tax
returns showing business operation and a percentage of the home used for the home based business.An
eligible business would be relocated and reestablished only if the Owner of the property opted to
participate in the Acquisition Program. The home value would be determined based on normal appraisal
practices and the offer would be made to the Owner of the property. Separate relocation assistance
packages (under the Relocation Program)would be presented, one concerning relocation of the Owner,
and one concerning relocation of the business.
5 Owner occupancy status would also apply for members of the military, or other owners,for whom there
is a legal,work related, or other necessary reason for the person to not actively occupy the residence on
January 1,2016.
3
Residential Rental Property means any dwelling in the Neighborhood, including a
single family house, a duplex for two or more families, or other multi-family housing,
which is not an Owner Occupied Property and in which one or more Tenants reside
on January 1, 2016.6 To be eligible under the Acquisition Program (described below)
an Owner must own the Residential Rental Property on January 1, 2016, and
continuously thereafter. For the absence of doubt, the Leathers Public Housing
Complex is not a Residential Rental Property for purposes of this Agreement.
Tenant means a person who on January 1, 2016, and continuously thereafter, has
the temporary use and occupancy of Residential Property owned by another.
VI. TxDOT Actions
A. As the Recipient of Federal-Aid Highway funds from FHWA, TxDOT is solely
responsible for effectuating the actions described in this Agreement. Except
where noted, the actions described below will be performed in addition to the
mitigation actions already committed to by TxDOT as they relate to the Project,
contained within the Final Environmental Impact Statement (FEIS). TxDOT
agrees to comply with Executive Order 12892 to affirmatively further fair
housing.
B. TxDOT will perform or effectuate the following:
1. Mitigation in Final EIS.As described in TxDOT's Final EIS', TxDOT will provide
assistance for residential and business displacements in Washington-Coles for
those properties within the Project Right-of-Way, including but not limited to the
use of TxDOT relocation counselors to work with persons displaced to find
decent, safe and sanitary dwellings in the residents' preferred locations.
Additional mitigation is described in the Final EIS.
2. Property Acquisition Management. Within 120 days of the Effective Date of
this Agreement TxDOT will retain, or cause to be retained, a responsible party or
parties as Acquisition Manager (Manager) for the purposes of managing and
implementing the Voluntary Acquisition Program (Section VI(B)(3)) and the
Relocation Benefits Program (Section VI(B)(4)). The Manager will carry out and
6 For properties in which a Tenant does not occupy the property on January 1, 2016,to apply the
definition, the Owner must show previous tenant history for the two years immediately prior to the signing
of this Agreement. Should the property been occupied by tenants for at least 45 weeks of the prior two
years, the property would fall within the definition of Residential Rental Property.
Final Environmental Impact Statement—US 181 Harbor Bridge—November 25, 2014, §4.7.6.2
Mitigation Measures, http://ccharborbridaeproiect.com/eis/.
4
manage all appraisals, purchases, relocation assistance, title work, and other
related services. The Manager must keep and retain all records required by the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as implemented in Title 49 of the Code of Federal Regulations, Part 24,
and required by Title VI of the Civil Rights Act of 1964. TxDOT will provide
oversight of the Manager to ensure the Uniform Relocation Act is followed and
displaced persons are treated in a fair and equitable manner.
3. Voluntary Acquisition Program (Acquisition Program). For each Owner of
Residential Property and Business in the Neighborhood, TxDOT will carry out a
Voluntary Acquisition Program. This Program will be made available to eligible
Owners and Businesses that express, in writing, a desire to participate in the
Acquisition Program. If an Owner or Business owner expresses an interest in
acquisition during the effective period for the program, then TxDOT will treat
them as a displaced person with the rights and privileges set forth in 49 C.F.R. §
24.2(a)(9). As such, TxDOT will ensure that interested Owners' and Business'
properties are appraised, the appraisals are reviewed, and offers to acquire the
properties are issued. For an Owner Occupied Property, the offer shall also give
the Owner the right to retain a life estate in the property. In such cases, the
purchase price of the property will be reduced to reflect the value of the retained
life estate. Eligible Owners who elect to retain a life estate waive their rights
under the Relocation Program (described below). TxDOT will provide, or cause
to be provided, written notice, in the same manner required under 49 C.F.R. §
24.102, of the terms of the Acquisition Program to all Owners, and Businesses
on an annual basis throughout the effective period of the program. TxDOT will
initiate the Acquisition Program no later than 120 days from the Effective Date of
this Agreement. TxDOT will provide the first written notice no later than 120 days
from the Effective Date of this Agreement. For purposes of the Acquisition
Program, the just compensation for any property shall be deemed to be the
approved appraisal of the value of the property as determined under the
appraisal process in 49 C.F.R. §§24.103 and 24.104, without giving effect to any
rules that might render such rules inapplicable. TxDOT will initiate the Acquisition
Program no later than 120 days from the Effective Date, and the program will be
in effect for a three year period following initiation. TxDOT will not be required to
condemn any property under this program.
4. Relocation Benefits Program (Relocation Program). TxDOT will carry out a
Relocation Benefits Program in the Neighborhood. TxDOT will provide, or cause
to be provided, relocation benefits for (1) Owners who participate in the
Acquisition Program (except homeowners who elect to retain a life estate waive
5
their rights to any relocation benefits), (2) Tenants of an Owner Occupied
Property or Residential Rental Property in which the Owners participate in the
Acquisition Program, and (3) Businesses who participate in the Acquisition
Program. TxDOT will provide relocation assistance to eligible displaced Owners
and Tenants as required under the applicable sections of the Uniform Act and 49
C.F.R. Part 24, Subparts C-F. Participating Tenants must express an interest, in
writing, to TxDOT. TxDOT will initiate the Relocation Program no later than 120
days from the Effective Date of this Agreement and the program will be in effect
for a three year period following initiation.
5. Voluntary Restrictive Covenant Program (Covenant Program). TxDOT will
carry out a Voluntary Restrictive Covenant Program for Owner Occupied
Properties in the Neighborhood. TxDOT will ensure that to each eligible Owner of
Owner Occupied Property in the Neighborhood will be made an offer to purchase
a covenant that permanently prohibits the use of the property for residential
purposes upon any future conveyance of the property, and an option to purchase
the property for its then appraised value if the Owner elects to sell the property or
upon the death of the Owner, whichever occurs first. The purchase price of the
restrictive covenant will be not less than $7,500.00 per home. The covenant will
provide that it is effective upon the death of the named Owner of the property or
when the property is sold, whichever comes first. If there is more than one
Owner, the restrictive covenant will provide that it is effective upon the death of
the last-surviving of the named owners or when the property is sold, whichever
comes first. TxDOT will initiate the Covenant Program no later than 120 days
from the Effective Date of this Agreement and the Program will be in effect for a
three year period following initiation.
6. Transfer of Title. Under the Acquisition Program and Covenant Program, at the
closing of a sale, TxDOT will pay the reasonable expenses the Owner
necessarily incurred for recording fees, transfer taxes, documentary stamps,
evidence of title, boundary surveys, legal descriptions of the real property, and
similar expenses incidental to conveying the real property. At TxDOT's expense,
the Owner shall participate in all good faith efforts to provide the purchaser good
and marketable title. TxDOT may elect to accept the conveyance after resolving
title issues or may accept the conveyance subject to conditions. At the closing all
liens will be deducted from the payment made to Owner.
7. Restriction on Participation. Eligible Owners may participate in the: (a)
Acquisition Program and Relocation Program, or (b) the Covenant Program, but
not both.
6
8. Community Liaison Program. TxDOT will ensure that a Community Liaison
Program (Liaison Program) is created that conforms with the provisions
contained in Appendix B. TxDOT will initiate the Liaison Program no later than
60 days from the Effective Date of this Agreement and the Program will be in
effect for a 48 month period following initiation.
9. Additional Low Income Housing Assistance. TxDOT will ensure the Corpus
Christi Housing Authority tenants who on January 1, 2016 are housed at the D.
N. Leathers I property are offered relocation assistance and benefits pursuant to
the program requirements of the United States Department of Housing and
Urban Development (HUD), and that such benefits are provided to any tenants
who accept the offer. Housing options shall include:
• Occupancy in a public housing unit operated or assisted by the Housing
Authority at a rental rate paid by the family that is comparable to the rental
rate applicable to the unit from which the family is vacated; or
• Tenant Protection Voucher, if such vouchers are issued by HUD, except that
such assistance will not be considered "comparable housing" until the family
is actually relocated into such housing.
If for any reason such benefits are not offered to the tenants, or were offered and
housing with a Tenant Protection Voucher and occupancy in a public housing
unit was not available, TxDOT will ensure the tenants are relocated and offered
relocation assistance and benefits pursuant to the applicable sections of the
Uniform Act and 49 C.F.R. Part 24, Subparts C-F.8 TxDOT will initiate assistance
no later than December 31, 2016.
10.Park Mitigation. TxDOT, in coordination with FHWA's Office of Civil Rights and
the Neighborhood Community Advisory Board (described below), will meet to
reformulate the proposed 4(f) mitigation in the FEIS that focuses on rehabilitation
in the Neighborhood of T.C. Ayers Park and Williams Memorial Park (Parks).
TxDOT will maintain the Parks for 24 months from the Effective Date of this
Agreement, at which time FHWA, the Advisory Board, and TXDOT will meet to
discuss and propose next steps. Any variation from the current proposed
mitigation in the FEIS, must be approved by FHWA Office of Civil Rights and will
be enforceable under this Agreement.
8 A tenant claiming that housing under HUD's Tenant Protection Voucher program or the Public Housing
Program is not available in the City of Corpus Christi must show they have made good faith efforts to
obtain such housing.
7
VII. Modification of Agreement
This Agreement may be modified by mutual agreement of both FHWA and TxDOT
after negotiating in good faith and in writing.
VIII. Federal Reimbursement
TXDOT may apply for federal reimbursement for any eligible expenses incurred as
part of the Title VI mitigation in this project.
IX. Intimidation or Retaliatory Acts Prohibited
Neither TxDOT nor any entity or business party to an agreement to carry out the
actions herein shall intimidate, threaten, coerce, or discriminate against any
individual for the purpose of interfering with any right or privilege secured by Section
601 of Title VI or 49 C.F.R. Part 21, or because they have made a complaint,
testified, assisted, or participated in any manner in an investigation, proceeding, or
hearing pursuant to 49 C.F.R. Part 21.
X. Third-Party Agreement
FHWA acknowledges that TxDOT has entered into a separate agreement with the
Port of Corpus Christ Authority of Nueces County, Texas, the City of Corpus Christi,
Texas, and the Corpus Christi Housing Authority, for purposes of implementing the
Agreement, and that such local governmental entities under the separate agreement
will carry out some of the mitigation actions identified in this Agreement. No
provisions in such agreement will (1) affect TxDOT's obligations to FHWA, generally,
or(2) supercede any provision described herein to the extent TxDOT's third-party
agreement conflicts with any provision contained herein or Federal law or regulation.
XI. Monitoring and Enforcement
TxDOT will send written progress reports to the FHWA-Texas Division no less than
once per quarter of the Federal Fiscal Year. The reports will include a summary of all
activities (including those not performed by TxDOT personnel) related to performing
the tasks in Section VI of this Agreement. Further, TxDOT will cooperate with FHWA
regarding all additional requests for information and documentation, pursuant to 49
C.F.R. § 21.9, et seq.
Specifically, written progress reports will contain, but are not limited to, information
on appraisals performed on specific properties pursuant to this Agreement, specific
property purchases offered and accepted, relocation assistance provided and to
whom, restrictive covenant purchases and to whom, title work performed, and other
8
services related to the relocation of Neighborhood residents occurring during that
reporting period. Written progress reports will also contain a summary of all activities
related to the relocation of tenants currently housed in D.N. Leathers I, including
progress related to the identification of alternative locations for new public housing
and for tenants.
In addition, the Liaison provided pursuant to Section VI B.8 will send written
progress reports to TxDOT no less than once per quarter of the Federal Fiscal Year.
The reports will include a summary of all activities related to the performance of the
Liaison's duties for that reporting period, as described in Section VI B.8.
Upon the signing of this Agreement, a Neighborhood Community Advisory Board
(Community Advisory Board) will be established by soliciting participation by
Neighborhood and community members to be a part of, and lead, the Advisory
Board. The Community Advisory Board would be Neighborhood and community
members who volunteer to serve on the Advisory Board with any leadership of the
Advisory Board selected by the voluntary members. This Advisory Board will be in
effect during the duration of the Project. TxDOT will be responsible for collaborating
with the Community Advisory Board on activities related to the implementation of this
Agreement, on at least a quarterly basis throughout the life of the Project.
Additionally, TxDOT will collaborate with the Advisory Board on issues including
public workshops on the Voluntary Acquisition Program, the Relocation Benefits
Program, the Voluntary Restrictive Covenant Program, and the relocation of tenants
in D.N. Leathers I. TxDOT will document its collaboration with the Community
Advisory Board, including comments and concerns raised in quarterly meetings and
how they were addressed, in its written progress reports. The Community Advisory
Board will also be permitted to raise concerns related to the implementation of this
Agreement with FHWA.
If TxDOT, through its actions or inaction, fails to implement any part of this
Agreement or fails to cooperate with FHWA documentation and information
requests, FHWA may invoke its authority pursuant to 49 C.F.R. § 21.13, et seq. for
failure or threatened failure to comply with Title VI of the Civil Rights Act of 1964. If
at any time FHWA makes such a determination, then FHWA shall notify TxDOT in
writing. The notice shall include a statement of the basis for FHWA's determination
and shall allow TxDOT fifteen (15) days to either; (a) explain in writing the reason for
the actions and describe the remedial actions that have been or shall be taken to
achieve compliance with this Agreement or (b) dispute the accuracy of FHWA's
findings. If TxDOT does not respond to the notice, or if, upon review of TxDOT's
response, FHWA determines that TxDOT has not complied with the terms of the
Agreement, FHWA may pursue its statutory and/or contractual remedies. Should a
violation of the agreement occur, the time period of the Agreement will be extended
9
for an amount of time equal to the time FHWA determines a violation occurred to the
time of the FHWA approved remedy.
Nothing in this Agreement shall be construed as creating any liability in favor of any
third party or parties against FHWA or TxDOT.
XII. Abeyance
FHWA will hold in abeyance the Letter of Finding regarding the complaint filed in the
matter (described above) during the performance of this Agreement. At any time,
should TxDOT not perform, or ensure performance, under this Agreement, FHWA
will notify TxDOT as stated in section XI above. Should TxDOT fail to remedy the
violation within 30 days of notification, the Letter of Finding will be issued and
applicable actions taken.
FEDERAL HIGHWAY ADMINISTRATION
Dated:
Gregory G. Nadeau
Administrator
TEXAS DEPARTMENT OF TRANSPORTATION
Dated:
LtGen J.F. Weber, USMC (Ret)
Executive Director
10
APPENDIX A
MAP SHOWING THE NEIGHBORHOOD
1
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APPENDIX B
COMMUNITY LIAISON PROGRAM
I. Scope
The Liaison will provide proactive informational assistance to interested persons who
are assessing whether to participate in the Acquisition Program, the Relocation
Program, and the Covenant Program. For any Owner, Tenant, or Business, the Liaison
will provide information to those individuals who indicate a desire for such assistance in
relation to the provisions of this Agreement (each, an Interested Person).
II. Guiding principles of the Liaison Program
The essence of effective practice of the Liaison will be determined and set by guiding
principles, including:
• Facilitate the provision of sufficient information to interested persons to reduce
otherwise-existing denials of or delays in the provision of benefits.
• Avoid or minimize a situation where an interested person leaves an information
session without the Liaison having provided a clear path for the interested person
to be capable of understanding eligibility for one or more benefits.
• Avoid or minimize a situation where an Interested Person leaves an information
session without the Liaison having identified a methodology for determining
eligibility for benefits for which the Interested Person qualifies or the steps for
how they could determine such qualification.
• Facilitate the full and fair application of every potential program element with the
goal of enabling Interested Persons to have the capability to access the
maximum level of program benefits.
• Ensure that language translation and interpreter services are available for all
Limited English Proficiency (LEP) persons, in accordance with Executive Order
13166 and TxDOT's Language Assistance Plan.9
III. Liaison program goals
The goals of the Liaison program are:
• to provide information and assistance to try to ensure that each Interested
Person is appropriately knowledgeable about the benefits and options available
to them;
9 http://ftp.dot.state.tx.us/pub/txdot-info/ocr/Ianquage-assistance-plan.pdf.
2
• to facilitate each Interested Person's evaluation of and application for the benefits
for which they are eligible;
• to coordinate with any third party public or private entities with whom TxDOT has
an agreement pursuant to this Agreement.
IV. Liaison position minimum qualifications
TxDOT will ensure the Liaison has the following minimum qualifications:
• Training: the Liaison will be properly trained in the knowledge and skills to
adequately provide assistance to Interested Persons pursuant to this Agreement.
• Maturity and Experience: the Liaison will have the maturity, experience, and
negotiation skills necessary to work with the affected community.
• Bilingual: the Liaison services will either be provided by the Liaison in English
and Spanish or the Liaison will be able to provide easy access to an individual or
individuals who are fluent in English and Spanish.
V. Liaison Support
TxDOT will provide, or cause to be provided, support to the Liaison as necessary for the
successful performance of the Liaison's duties.
VI. Field Office and Equipment
TxDOT will ensure the Liaison has an office facility within the Hillcrest/Washington-
Coles Neighborhoods or within 1000 feet thereof, which will serve as a Field Office to
facilitate providing assistance effectively and efficiently assist Interested Persons. The
Field Office will be in a safe location and of a size sufficient to hold small (5-10 person)
meetings. In addition, TxDOT will ensure the Liaison has a laptop computer with
specifications sufficient to carry out their duties, as well as a compatible printer and
miscellaneous office supplies.
VII. Primary program duties of the Liaison
The Liaison's primary duties will be to:
1. Prepare and execute an early and continuing Coordination Plan. The Liaison will
be responsible for developing and executing a Plan for early and continuing
coordination and interaction with interested persons, Owners, Tenants,
Businesses, Acquisition Program participants, Voluntary Restrictive Covenant
Program participants, and any public or private entities with whom TxDOT has an
agreement pursuant to this Agreement.
3
2. Develop and maintain database. The Liaison will maintain a database on each
Interested Person and Owner, where they are in the process, and what next
steps have been identified and communicated to the person. The Database will
be updated on a daily or weekly basis. The Database will include all of the
Liaison's correspondence with Interested Persons and Owners, project
participants, and appropriate contacts with the City, the Texas Department of
Transportation, the Port of Corpus Christi Authority, the Corpus Christi Housing
Authority, the relocation assistance firm contracted by the Port of Corpus Christi
Authority, and other community contacts.
3. Limited English Proficiency (LEP) plan. The Liaison will prepare a Limited English
Proficiency (LEP) Plan describing the policies, services, and information that the
Liaison will take to ensure that LEP persons have meaningful access to the
programs, benefits, assistance, and information.
4. Performance report. The Liaison will provide TxDOT or its designee with a
quarterly progress report. In addition, the Liaison will assist TxDOT with any
reporting pursuant to Section XI of this Agreement.
5. Request for increased support or resources/scalability potential. If, any time
during the Term of this Agreement, if the Liaison determines that more support or
resources may be needed, the Liaison may provide TxDOT with the Liaison's
recommended program changes, accompanied by the appropriate written
justifications and supporting performance and other data.
6. The Liaison will be responsible for providing for the interview of each eligible
Interested Person to determine said Interested person's needs, evaluate their
eligibility for each program, explain how their participation in the Programs
described herein would work, and how available benefits would assist them in the
process.
7. The Liaison will listen to each interested person's explanation of personal issues
to provide the Liaison with a better understanding of what that person needs.
8. The Liaison will make phone calls to the relevant agencies and third party entities
as needed, in order to inquire about matters to determine eligibility, schedule
appropriate meetings, and determine what materials will be required of the
Interested Person in order to access services.
4
9. The Liaison will also facilitate an Interested Person in accessing other forms of
assistance that can be provided to maximize the Interested Person's benefits or
help lessen the process burdens on an Interested Person in participating in the
programs described herein. This assistance may include referral to other
appropriate public and private agencies that provide services concerning housing
financing, employment, health, welfare, or legal assistance.
5
Exhibit C — Port of Corpus Christi Authority
Neighborhood Acquisition Plan. No later than 120 days from the Effective Date of this
Agreement, the Port will mail or deliver a written notice ("Original Notice") to the
Neighborhood Property Owners of each Neighborhood Property, expressing an interest
in buying their Neighborhood Property on a voluntary basis and requesting a written
expression of interest from the Neighborhood Property Owners of any Neighborhood
Property who may be interested in selling their Neighborhood Property. The Port will
provide written notice, in the same manner required under 49 C.F.R. § 24.102, of the
terms of the Neighborhood Acquisition Plan to all Neighborhood Property Owners on an
annual basis throughout the Effective Period of the program.
The Neighborhood Property Owners of any Neighborhood Property who provide the
Port with a written expression of interest in selling their Neighborhood Property within
three years after receiving the Port's Original Notice are referred to in this Agreement as
"Interested Neighborhood Property Owners," whether one or more. The Port will make
a written offer to the Interested Neighborhood Property Owners to purchase their
Neighborhood Property (each an "Actual Offer") for the full amount of the Port's
determination of the just compensation (as described below) for the property.
Under the Neighborhood Acquisition Plan, the sellers of any Neighborhood Property
must have continuously owned the property from January 1, 2016 to the date of sale.
(In other words, the Port will not purchase Neighborhood Property from any Owners
other than the Owners of the property on January 1, 2016.)
For purposes of the Plan, the just compensation for any Neighborhood Property shall be
deemed to be the approved Appraisal of the value of the property as determined under
the appraisal process in 49 C.F.R. §§24.103 and 24.104, without giving effect to any
rules that might render such rules inapplicable.
The Port's Actual Offer to buy an Owner Occupied Property shall also give the Eligible
Homeowners the right to retain a life estate in the property. The Port will automatically
become the owner of the property upon the death of the last to die of the Eligible
Homeowners. In such cases, the purchase price of the property will be reduced to
reflect the value of the retained life estate. Eligible Homeowners who elect to retain a
life estate in their Owner Occupied Property waive their rights to any relocation benefits
described below under the heading "Relocation Benefits."
Any Neighborhood Property purchased by the Port pursuant to the Neighborhood
Acquisition Plan must be conveyed to the Port free and clear of any liens. Upon the
Port's purchase of any Neighborhood Property under the Neighborhood Acquisition
Harbor Bridge Project Exhibit C
Four Party Agreement Page 1
Plan, the Port shall promptly record a Residential Restrictive Covenant on that property
in the real property records of Nueces County. In no instance shall the Port convey any
acquired Neighborhood Property to any other person prior to executing and recording a
Residential Restrictive Covenant on that property. The Port will demolish each dwelling
or facility it purchases pursuant to the Neighborhood Acquisition Plan. The Port will
maintain any property it acquires under the Plan, including mowing the grass as
needed.
Relocation Program. If the Port buys any Owner Occupied Property in accordance with
the Plan, the Port will provide relocation assistance to the Eligible Homeowners and
eligible Tenants, if any, of that property. If the Port buys any Owner Occupied Property
in which a Home Based Business is conducted, the Port will also provide relocation
assistance for the Home Based Business.
Similarly, if the Port buys any Residential Rental Property pursuant to the Plan, the Port
will provide relocation assistance to the eligible Tenants of that property. The sellers of
a Residential Rental Property will not be provided relocation benefits.
If the Port buys any Business Property in accordance with the Plan, the Port will provide
relocation assistance for the Business on that property.
The Port will provide relocation assistance to displaced Eligible Homeowners and
displaced eligible Tenants as required under the applicable sections of the Uniform Act
and 49 C.F.R. Part 24, Subparts C-F. The Port will provide relocation assistance to
eligible Businesses and Home Based Businesses as required under the applicable
sections of the Uniform Act and 49 C.F.R. Part 24, Subparts C-D. Within 60 days of the
Effective Date of this Agreement, the Port will engage an acquisition and relocation
service provider to implement and administer the Neighborhood Acquisition Plan on the
Port's behalf.
Reimbursement of Acquisition Costs in Excess of$20 Million. Under this Agreement,
the Port's "Acquisition Costs" include the out-of-pocket costs incurred by the Port in
carrying out the Neighborhood Acquisition Plan and the Relocation Program.
Acquisition Costs include paying the acquisition and relocation service provider,
purchasing Neighborhood Property, purchasing any other real property required under
the Voluntary Acquisition Program, providing relocation benefits and moving expenses
to eligible displaced Owners and Tenants of Owner Occupied Property, eligible
displaced Tenants of Residential Rental Property, and eligible displaced Businesses
and Home Based Businesses, providing relocation benefits and moving expenses to
any other Person or Business in the Neighborhood that is required under the Relocation
Benefits Program, and demolishing dwellings and facilities acquired under the Plan. If
the Port spends more than $20 million on Acquisition Costs ("Excess Acquisition
Harbor Bridge Project Exhibit C
Four Party Agreement Page 2
Costs"), TxDOT shall reimburse the Port for these Excess Acquisition Costs. The Port
shall submit monthly invoices to TxDOT for Excess Acquisition Costs, if any, and
TxDOT agrees to pay these invoices within thirty (30) days of receipt of same.
Voluntary Restrictive Covenant Program. The Port's Original Notice to the Eligible
Homeowners of each Owner Occupied Property will also include an alternative offer to
buy: (1) an Owner Occupied Restrictive Covenant on the property, and (2) an option to
purchase the property for its then appraised value ("Option") if the Eligible Homeowners
elect to sell the property or upon the death of the last to die of the Eligible Homeowners,
whichever occurs first. The total purchase price of an Owner Occupied Restrictive
Covenant will be not less than $7,500. The Eligible Homeowners of any Owner
Occupied Property shall have three years after receiving the Port's Original Notice to
accept the Port's offer to buy an Owner Occupied Restrictive Covenant and an Option
on their property.
If an Owner Occupied Property is owned by more than one Owner on January 1, 2016,
the Port will not purchase an Owner Occupied Restrictive Covenant and Option on the
property unless all Eligible Homeowners elect to sell the Owner Occupied Restrictive
Covenant and Option. If all such Eligible Homeowners do elect to sell the Owner
Occupied Restrictive Covenant and Option, the purchase price will be divided among
the Eligible Homeowners in proportion to their ownership interests in the property.
Upon the death of the last to die of the Eligible Homeowners, their Owner Occupied
Property may no longer be used for residential purposes by anyone.
The Eligible Homeowners of an Owner Occupied Property may accept the Port's offer to
purchase an Owner Occupied Restrictive Covenant and Option on the property or the
Port's offer to buy the property, but not both offers. Upon the Port's purchase of an
Owner Occupied Restrictive Covenant and Option on an Owner Occupied Property, the
Port shall promptly record the Owner Occupied Restrictive Covenant and Option in the
real property records of Nueces County. The sellers of an Owner Occupied Restrictive
Covenant and Option will not be provided relocation benefits.
The Port is solely responsible for the costs of the Voluntary Restrictive Covenant
Program. There is no financial cap on expenditures under this program.
Notwithstanding anything to the contrary contained in the Voluntary Restrictive
Covenant Program, if the Eligible Homeowners accept the Port's offer to buy an Owner
Occupied Restrictive Covenant and Option on their Owner Occupied Property, the Port
may assign its contractual obligation to purchase the Owner Occupied Restrictive
Covenant and/or Option to a third party of the Port's choosing. If in such case,
however, the third party fails to purchase the restrictive covenant or the Option, the Port
will be obligated to do so.
Harbor Bridge Project Exhibit C
Four Party Agreement Page 3
Deadline to Accept Detailed Offer. If the Port prepares a detailed offer under any of the
programs described above, the Person will have 60 days to accept the offer.
Transfer of Title. Under the Neighborhood Acquisition Plan and Voluntary Restrictive
Covenant Program, at the closing of a sale of Neighborhood Property the Port will pay
the reasonable expenses the Owner of the property necessarily incurred for recording
fees, transfer taxes, documentary stamps, evidence of title, boundary surveys, legal
descriptions of the real property, and similar expenses incidental to conveying the real
property. At the Port's expense, the Owner of the property shall participate in all good
faith efforts to provide the Port good and marketable title. The Port may elect to accept
the conveyance after resolving title issues or may accept the conveyance subject to
conditions. At the closing all liens will be deducted from the payment made to Owner.
Responsibility for Programs in the Two Party Agreement. The Port accepts
responsibility to carry out the Neighborhood Acquisition Plan, the Relocation Program,
and the Voluntary Restrictive Covenant Program, as described in the Two Party
Agreement. If TxDOT notifies the Port that the Port's work as described in this Exhibit C
does not adequately satisfy the requirements of the Two Party Agreement, the Port
agrees to carry out whatever additional work is needed.
Compliance with Record Keeping and Reporting Requirements Under Section 5 of the
Agreement. In compliance with the requirements of Section 5, the Port will submit to
TxDOT quarterly reports. Written progress reports will contain, but are not limited to,
information on appraisals performed on specific properties pursuant to this Agreement,
specific property purchases offered and accepted, relocation assistance provided and to
whom, restrictive covenants purchased and from whom, title work performed, and other
services related to the relocation of Neighborhood residents occurring during that
reporting period.
Port Purposes. The Neighborhood Acquisition Plan and the Relocation Program are
two elements of TxDOT's agreed upon Title VI mitigation actions for the Project, and the
Port has agreed to assume responsibility for implementing the Neighborhood
Acquisition Plan and the Relocation Program to ensure construction of the Project,
which will eliminate the potential for a catastrophic collapse of the existing bridge and
will provide 205 feet of navigational clearance to accommodate larger vessels entering
the Port's Inner Harbor. The Port, by action of its Port Commission, hereby finds and
determines that the Neighborhood Property is accessible to the Corpus Christi Ship
Channel and the Inner Harbor District of the Port of Corpus Christi and that acquisition
of the Neighborhood Property pursuant to the Neighborhood Acquisition Plan and the
Relocation Program, and the Voluntary Restrictive Covenant Program, is necessary for
the continued development of the Port of Corpus Christi and its waterways and will aid
Harbor Bridge Project Exhibit C
Four Party Agreement Page 4
in the development of navigation-related industries and businesses on the Port's
property (collectively, "Port Purposes").
Community Advisory Board. A representative of the Port will attend TxDOT's quarterly
meetings of the Community Advisory Board described in the Two Party Agreement.
Harbor Bridge Project Exhibit C
Four Party Agreement Page 5
Exhibit D — City of Corpus Christi
City support of Project, Neighborhood Acquisition Plan, Voluntary Restrictive Covenant
Program. The City fully supports the Project and the Port's acquisition of property in the
Neighborhood pursuant to the Neighborhood Acquisition Plan and Voluntary Restrictive
Covenant Program, and agrees that the Acquired Property may be used for Port
Purposes.
The City acknowledges and agrees that the representations and agreements made by
the City in this Exhibit D have been made as a material inducement to the Port to enter
into this Agreement, that the Port is relying on the City's representations and
agreements, and that the Port would not have entered into this Agreement without the
City's representations and agreements.
Use of eminent domain in a manner that is beneficial to Neighborhood residents. The
City understands that the Port's use of eminent domain may be necessary to enable
some sellers who have non-resident partial interest Owners to provide good and
complete title to the Port and thereby participate in the Neighborhood Acquisition Plan.
Also, Texas law assists residents by providing increased eligibility for relocation
assistance if their properties are purchased by an entity with eminent domain authority,
and the City desires to assist participants in the Neighborhood Acquisition Plan in their
desire to receive relocation benefits. Therefore, pursuant to Texas Water Code
§62.106(d), the City hereby consents to the Port's use of eminent domain authority in
the acquisition of property in the Neighborhood. The City understands that, during the
Effective Period, the Port will only use eminent domain when requested by the Owner or
purported Owner of a property interest in the property being sold to the Port pursuant to
the Neighborhood Acquisition Plan. As between the Port and the City only, this consent
will survive the suspension or termination of this Agreement.
Transfer of weedy lot liens, paving liens, and demolition liens. For any property that the
Port purchases under the Neighborhood Acquisition Plan and agrees to maintain
pursuant to agreement between the City and Port, the City agrees to permanently
transfer to the Port its rights to its Weedy Lot Liens, Paving Liens, and Demolition Liens
on the basis of a City determination that the value of such obligations approximates or
exceeds the value of the lien rights. The transfer of such rights will effectively constitute
a release of such liens in favor of the Port, giving the Port additional flexibility in
negotiating the purchase of property under the Neighborhood Acquisition Plan.
Maintenance of T.C. Ayers Park and Williams Memorial Park (Parks). To satisfy the
requirements specified in the Two Party Agreement, the City will maintain the Parks for
24 months from the Effective Date.
Harbor Bridge Project Exhibit D
Four Party Agreement Pagel
Assistance to citizens— liaison for existing city housing programs. Subject to program
continuation, the City of Corpus Christi will make available to eligible Neighborhood
residents several existing City housing programs (the "City Housing Programs"):
(1) CDBG Minor Home Repair Program;
(2) CDBG Single Family Rehabilitation Program;
(3) CDBG Appliance Replacement Program;
(4) HOME Investment Partnerships Homebuyer Assistance; and
(5) HOME Investment Partnerships Rehabilitation Program for Veterans
These housing programs are currently undersubscribed, but are subject to funds
availability and their continuation in years after the current fiscal year are subject to
annual funding appropriations from the City and federal agencies. The City will
designate a city employee who will act as a liaison to Neighborhood residents, and
facilitate access to services under the City Housing Programs. Applicants will need to
meet federal requirements and other qualification criteria (for example, income limits) to
access these programs. Housing programs may be continued or terminated in future
years.
Assistance to citizens— liaison for providing information to eligible residents who are
assessing whether to participate in the Neighborhood Acquisition Plan or Voluntary
Restrictive Covenant Program. For any residential property that is eligible for the
Neighborhood Acquisition Plan or the Voluntary Restrictive Covenant Program, the City
will provide a liaison to provide information as each owner evaluates whether to
participate. At no time will the liaison be making decisions for or on behalf of any
person interested in participating.
Appointment of liaison. The City will designate one or more of its employees to carry
out the responsibilities of the liaison as described below and as described under the
heading "City Liaison and Liaison Program Details" in this Exhibit D. The City will
initiate the Liaison Program no later than 60 days from the Effective Date of this
Agreement and program will be in effect for a 48 month period following initiation. The
City will designate at least one employee who will act as the liaison to carry out the
duties under the Agreement (the "Liaison"). The City will give the contact information for
the Liaison to each household in the Neighborhood.
The City will authorize the Liaison to facilitate and refer applicants to the following
services that are currently provided by third Parties*:
1. Homeowner counseling offered by local banks. This type of counseling is often
required for down payment assistance and other public and private grants. It
can be made available to all of the affected homeowner residents.
2. *Privately Owned Apartments. It has been estimated by apartment developers
that apartment developers will be able to provide the needed new multifamily
Harbor Bridge Project Exhibit D
Four Party Agreement Page 2
units for the designated low-income groups over the next two years utilizing a
combination of incentives from the Federal Home Loan Bank Board and low
income housing tax credits through the Texas Department of Housing and
Community Affairs. Although advance commitments for this type of funding
cannot be obtained, the City has a strong track record in obtaining competitive
awards of low-income housing tax credits for projects each year, and local
banks have made arrangements with the Federal Home Loan Bank Board for
technical assistance in securing competitive awards through its programs.
Federal fair housing laws would prohibit the restriction of any such
developments only to persons from the Northside neighborhoods, but adequate
capacity should be available to meet the needs of all Northside residents
interested in relocating to new apartments in other areas.
3. *Affordable housing programs provided by developers in different parts of the
City that will provide new housing options available for purchase.
4. *Banks offering low down-payment mortgage products, including loans that
require as little as a $500 down payment. As an example of a local bank
program, BBVA Compass Bank has indicated that it has a low-interest loan
program that pays most closing costs and only requires a $500 down payment.
BBVA has stated that credit scores as low as 620 are currently acceptable.
5. *Homeownership counseling through nonprofit agencies, including, but not
limited to, Catholic Charities, Texas State Affordable Housing Corporation,
TexasVeterans.com, and GreenPath.
6. *Local landlords.
7. The Corpus Christi Housing Authority. Additionally, the City will declare its
support for the Neighborhood Acquisition Plan described in Exhibit C. This
support is expected to enable the Corpus Christi Housing Authority to provide a
preference for residents who have been displaced under the Plan.
*The City has not conducted an investigation to verify or guarantee statements made by
third parties or the present or future availability of services provided by third parties. The
City will not provide the services identified as being provided or facilitated by any entity
other than the City.
Compliance with Record Keeping and Reporting Requirements Under Section 5 of the
Agreement. In compliance with the requirements of Section 5, the City will submit to
TxDOT quarterly reports. Written progress reports will contain, but are not limited to, a
summary of all activities related to the performance of the Liaison's duties for that
reporting period, as described in this Exhibit D.
Assemblage of tracts for Port Purposes. The City desires to encourage the assemblage
of property for Port Purposes pursuant to the Neighborhood Acquisition Plan through
Harbor Bridge Project Exhibit D
Four Party Agreement Page 3
the strategic abandonment of rights of way that maintains the efficient contiguity of
travel in and through the Neighborhood. Accordingly, the City acknowledges that the
City Council may exercise its powers under Section 1(a)(11) of Article X of the City's
Charter to close or alter the public streets, alleys, or other public ways within its
jurisdiction in pursuit of said objective. The City acknowledges and agrees that where
streets, alleys or other public ways abut Acquired Property, in order to facilitate the
Port's use of the Acquired Property for Port Purposes, the closure or alteration of those
streets, alleys, or ways may become necessary.
The City agrees that for purposes of closing or altering streets, alleys or other public
ways pursuant to the Neighborhood Acquisition Plan, including a closure or alteration
under Section 49-12 of the City's Code of Ordinances pursuant to such Plan, the City,
by action of its City Council, may find that:
(i) a request or petition by the Port to have the City Council close a street,
alley or other public way abutting Acquired Property is considered by the
City Council to be a request or petition jointly and severally initiated by the
City and the Port;
(ii) such closure or alteration is considered to be required for the proper
completion of the Harbor Bridge, which is a public improvement project;
and
(iii) no further payment is required of the Port to acquire the part of the City's
rights in a street, alley or other public way that the City chooses to
abandon, close or alter.
The City maintains the discretion to abandon, close, alter, or retain a street, alley or
other public way in response to a request or petition in a manner that maintains the
efficient contiguity of travel in and through the Neighborhood.
Notwithstanding any other provision of this Agreement, if the City closes any streets (or
other public ways) in the Neighborhood (or portions thereof) at the request of the Port,
the City, by action of its City Council, hereby finds the Port will not be required to pay
any additional amounts to the City for the property it acquires in connection with these
street closures.
Community Advisory Board. The City's Liaison will attend TxDOT's quarterly meetings
of the Community Advisory Board described in the Two Party Agreement.
Harbor Bridge Project Exhibit D
Four Party Agreement Page 4
City's Liaison and Liaison Program Details
I. Scope
The Liaison will provide proactive informational assistance to interested persons who
are assessing whether to participate in the Acquisition Program, the Relocation
Program, and the Covenant Program. For any Owner or Tenant, the Liaison will provide
information to those individuals who indicate a desire for such assistance in relation to
the provisions of this Agreement.
II. Guiding principles of the Liaison Program
The essence of effective practice of the Liaison will be determined and set by guiding
principles, including:
• Facilitate the provision of sufficient information to interested persons to
reduce otherwise-existing denials of or delays in the provision of
benefits.
• Avoid or minimize a situation where an interested person leaves an
information session without the Liaison having provided a clear path for
the interested person to be capable of understanding eligibility for one
or more benefits.
• Avoid or minimize a situation where an interested person leaves an
information session without the Liaison having identified a
methodology for determining eligibility for benefits for which the
interested person qualifies or the steps for how they could determine
such qualification.
• Facilitate the full and fair application of every potential program
element with the goal of enabling interested persons to have the
capability to access the maximum level of program benefits.
• Ensure that language translation and interpreter services are available
for all Limited English Proficiency (LEP) persons, in accordance with
Executive Order 13166 and TxDOT's Language Assistance Plan.
III. Liaison program goals
The goals of the Liaison program are:
• to provide information and assistance to try to ensure that each
interested person is appropriately knowledgeable about the benefits
and options available to them;
• to facilitate each interested person's evaluation of and application for
the benefits for which they are eligible;
http://ftp.dot.state.tx.us/Dub/txdot-info/ocr/language-assistance-plan.pdf.
Harbor Bridge Project Exhibit D
Four Party Agreement Page 5
• to coordinate with any third party public or private entities with whom
TxDOT has an agreement pursuant to this Agreement.
IV. Liaison position minimum qualifications
The City will ensure the Liaison has the following minimum qualifications:
• Training: the Liaison will be properly trained in the knowledge and skills
to adequately provide assistance to interested persons pursuant to this
Agreement.
• Maturity and Experience: the Liaison will have the maturity,
experience, and negotiation skills necessary to work with the affected
community.
• Bilingual: the Liaison services will either be fluent in English and
Spanish or be able to provide easy access to an individual or
individuals who are fluent in English and Spanish.
V. Liaison Support
The City will provide, or cause to be provided, support to the Liaison as necessary for
the successful performance of the Liaison's duties.
VI. Field Office and Equipment
The City will ensure the Liaison has an office facility within the Hillcrest/Washington-
Coles Neighborhoods or within 1000 feet thereof, which will serve as a Field Office to
facilitate providing assistance effectively and efficiently to interested persons. The Field
Office will be in a safe location and of a size sufficient to hold small (5-10 person)
meetings. In addition, the City will ensure the Liaison has a laptop computer with
specifications sufficient to carry out their duties, as well as a compatible printer and
miscellaneous office supplies.
VII. Primary program duties of the Liaison
The Liaison's primary duties will be to:
1. Prepare and execute an early and continuing Coordination Plan. The Liaison will
be responsible for developing and executing a Plan for early and continuing
coordination and interaction with interested persons, Owners, Tenants,
Acquisition Program participants, Voluntary Restrictive Covenant Program
participants, and TxDOT, the Port, and the Housing Authority.
2. Develop and maintain database. The Liaison will maintain a database on each
interested person and Owner, where they are in the process, and what next
steps have been identified and communicated to the person. The Database will
Harbor Bridge Project Exhibit D
Four Party Agreement Page 6
be updated on a daily or weekly basis. The Database will include all of the
Liaison's correspondence with interested persons and Owners, project
participants, and appropriate contacts with the City, the Texas Department of
Transportation, the Port of Corpus Christi Authority, the Corpus Christi Housing
Authority, the relocation assistance firm contracted by the Port of Corpus Christi
Authority, and other community contacts.
3. Limited English Proficiency (LEP) plan. The Liaison will prepare a Limited English
Proficiency (LEP) Plan describing the policies, services, and information that the
Liaison will take to ensure that LEP persons have meaningful access to the
programs, benefits, assistance, and information.
4. Performance report. The Liaison will provide TxDOT or its designee with a
quarterly progress report. In addition, the Liaison will assist TxDOT with any
reporting pursuant to Section 5 of this Agreement.
5. Request for increased support or resources/scalability potential. If, any time
during the Term of this Agreement, if the Liaison determines that more support or
resources may be needed, the Liaison may provide TxDOT and the City with the
Liaison's recommended program changes, accompanied by the appropriate
written justifications and supporting performance and other data.
6. The Liaison will be responsible for providing for the interview of each eligible
interested person to determine said interested person's needs, evaluate their
eligibility for each program, explain how their participation in the Programs
described herein would work, and how available benefits would assist them in the
process.
7. The Liaison will listen to each interested person's explanation of personal issues
to provide the Liaison with a better understanding of what that person needs.
8. The Liaison will make phone calls to the relevant agencies and third party entities
as needed, in order to inquire about matters to determine eligibility, schedule
appropriate meetings, and determine what materials will be required of the
interested person in order to access services.
2. The Liaison will also facilitate an interested person in accessing other forms of
assistance that can be provided to maximize the interested person's benefits or
help lessen the process burdens on an interested person in participating in the
Programs described herein. This assistance may include referral to other
Harbor Bridge Project Exhibit D
Four Party Agreement Page 7
appropriate public and private agencies that provide services concerning housing
financing, employment, health, welfare, or legal assistance.
Harbor Bridge Project Exhibit D
Four Party Agreement Page 8
Exhibit E —Texas Department of Transportation
Purchase of property. For purposes of right of way, and for a lay-down area during the
construction period for the Project, TxDOT will purchase from the Corpus Christi
Housing Authority the property known as D. N. Leathers I and D. N. Leathers II
(approximately 26.75 acres). However, TxDOT's obligation to purchase is contingent
on the Housing Authority offering the property at an agreed upon market value, the
closing of the purchase occurring no later than January 15, 2017, and the property
being free of structures. (Some of the D.N. Leathers II property has previously been
designated as planned for acquisition for right of way; TxDOT may acquire such portion
of the property by separate purchase or by condemnation.)
Harbor Bridge Project Exhibit E
Four Party Agreement
Exhibit F - Corpus Christi Housing Authority
Housing preference for participants in the Neighborhood Acquisition Plan. If the Port
designates a person as having been "Displaced by Government Action" as described
below, the Housing Authority will accept that designation. This applies to any Eligible
Homeowner or Tenant of an Owner Occupied Property, or Tenant of a Residential
Rental Property, that is the subject of a sale to the Port under the Neighborhood
Acquisition Plan described in Exhibit C. The Port will provide documentation showing
the persons who were the subject of a purchase under the Plan, and therefore properly
designated as "Displaced by Government Action."
The designation means the Housing Authority will provide its highest preference which
will place those displaced residents at the top of the Housing Authority's waiting list.
The Housing Authority typically houses as many as 400 new families per year into
public housing units.
• Residents in the Public Housing Program pay 30% of their income as rent
• Assistance is available for residents earning up to 80% of area median income.
• Applicants must meet and comply with program requirements as described in the
Housing Authority's Admissions and Continued Occupancy Plan
Closing of D.N. Leathers I, relocation of tenants, demolition, and sale. The Housing
Authority owns Leathers I, which is a 122-unit public housing complex that is adjacent to
the Hillcrest neighborhood. As described below, the Housing Authority has for several
years planned to Close Leathers I, relocate the tenants, demolish the structures, and
sell the property. Within 60 days of the Effective Date, the Housing Authority will apply
for the approval of the United States Department of Housing and Urban Development
("HUD") to relocate residents, demolish the structures, and dispose of the property
under HUD's public housing demolition and disposition procedures. The Housing
Authority will seek expedited processing, consideration, and approval.
The Board of Commissioners of the Housing Authority established a general plan to
relocate the tenants of Leathers I to a new facility, with the first step being the
submission of an application to HUD seeking approval for a Rental Assistance
Demonstration ("RAD") program to convert the Housing Authority's entire public housing
portfolio so that the Housing Authority may leverage the private capital markets to make
capital improvements. The Board of Commissioners authorized the RAD application on
November 11, 2013, the Housing Authority submitted the application on December 19,
2013, and HUD approved the application on March 27, 2015.
Harbor Bridge Project Exhibit F
Four Party Agreement Pagel
HUD's demolition and disposition procedures require the Housing Authority to provide a
relocation plan for, and to provide rehabilitation transfers to, the residents of Leathers I.
The relocation plan must include:
• The Housing Authority will relocate the tenants no later than December 31, 2016.
• When the Housing Authority establishes a new facility to replace D.N. Leathers I in
a new location outside of the Hillcrest area but within the City of Corpus Christi, all
the residents of D.N. Leathers I will be offered priority placement in the new
property, as approved by HUD.
• Relocation of residents on a nondiscriminatory basis, and relocation resources.
The Housing Authority must offer each family displaced by demolition or disposition
comparable housing that meets housing quality standards and uniform physical
condition standards, and that is located in an area that is generally not less
desirable than the location of the displaced persons. The housing must be offered
on a nondiscriminatory basis, without regard to race, color, religion, creed, national
origin, handicap, age, familial status, or gender, in compliance with applicable
Federal and state laws. For persons with disabilities displaced from a unit with
reasonable accommodations, comparable housing should include similar
accommodations. Housing options shall include:
• Occupancy in a public housing unit operated or assisted by the Housing
Authority at a rental rate paid by the family that is comparable to the rental
rate applicable to the unit from which the family is vacated; or
• Tenant Protection Voucher, if such vouchers are issued by HUD, except that
such assistance will not be considered "comparable housing" until the family
is actually relocated into such housing.
• Certain provision for in-place tenants.
The Housing Authority may not complete disposition of a building until all tenants
residing in the building are relocated, and must:
• notify each family residing in the development of the proposed demolition and
disposition 90 days prior to the displacement date, except in cases of
imminent threat to health and safety. The notification must include a
statement that:
o The development or portion of the development will be demolished and
disposed of;
o The demolition of the building in which the family resides will not
commence until each resident of the building has been relocated;
Harbor Bridge Project Exhibit F
Four Party Agreement Page2
o Each family displaced by such action will be provided comparable
housing, which may include housing with reasonable accommodations
for disability.
• provide for the payment of the actual and reasonable relocation expenses of
each resident to be displaced, including residents requiring reasonable
accommodations because of disabilities;
• ensure that each displaced resident is offered comparable replacement
housing;
• provide any necessary counseling for residents that are displaced.
• Right of return.
• Displaced residents will not have the opportunity to return to Leathers I since
the property will be demolished. However, displaced families will be offered
the opportunity to relocate to a new property once it is completed.
• Additional plan requirements.
o The number of individual residents to be displaced;
o The type of counseling and advisory services the Housing Authority will
provide;
o What housing resources are expected to be available to provide
housing for displaced residents; and
o An estimate of the costs for counseling and advisory services and
resident moving expenses, and the expected source for payment of
these costs.
Closing of D.N. Leathers I, relocation of tenants. Notwithstanding any other provisions
of this exhibit and contingent upon HUD approval of demolition and disposition and
upon an agreement with TxDOT to purchase the D.N. Leathers I property, the Housing
Authority will ensure the tenants who on January 1, 2016 are housed at the D. N.
Leathers I property are offered relocation assistance and benefits pursuant to the
program requirements of the United States Department of Housing and Urban
Development (HUD), and that such benefits are provided to any tenants who accept the
offer. Housing options shall include:
• Occupancy in a public housing unit operated or assisted by the Housing
Authority at a rental rate paid by the family that is comparable to the rental
rate applicable to the unit from which the family is vacated; or
• Tenant Protection Voucher, if such vouchers are issued by HUD, except that
such assistance will not be considered "comparable housing" until the family
is actually relocated into such housing.
Harbor Bridge Project Exhibit F
Four Party Agreement Page3
If for any reason such benefits are not offered to the tenants, or were offered and
housing with a Tenant Protection Voucher and occupancy in a public housing unit was
not available, the Housing Authority shall relocate the tenants and offer relocation
assistance and benefits pursuant to the applicable sections of the Uniform Act and 49
C.F.R. Part 24, Subparts C-F. (A tenant claiming that housing under HUD's Tenant
Protection Voucher program or the Public Housing Program is not available in the City
of Corpus Christi must show they have made good faith efforts to obtain such housing.)
The Housing Authority will initiate assistance no later than December 31, 2016.
Sale of D.N. Leathers II. The Housing Authority owns the property on which Leathers II
was formerly located, which was a public housing complex adjacent to the Hillcrest
neighborhood. The buildings at Leathers II have been demolished. The property
remains subject to HUD regulation and oversight regarding property uses and
disposition.
Within 60 days of the Effective Date, the Housing Authority will apply to HUD for
expedited processing, consideration, and approval to sell the property to TxDOT under
HUD's Public Housing Demolition and Disposition regulations.
Compliance with Record Keeping and Reporting Requirements Under Section 5 of the
Agreement. In compliance with the requirements of Section 5, the Housing Authority
will submit to TxDOT quarterly reports. Written progress reports will contain, but are not
limited to, a summary of all activities related to the relocation of tenants currently
housed in D.N. Leathers I, including progress related to the identification of alternative
locations for new public housing and for tenants.
Community Advisory Board. A representative of the Housing Authority will attend
TxDOT's quarterly meetings of the Community Advisory Board described in the Two
Party Agreement.
Harbor Bridge Project Exhibit F
Four Party Agreement Page4
Attachment No. 1
Map Showing the "Neighborhood"
Eligible for the Neighborhood Acquisition Plan
and the Voluntary Restrictive Covenant Program
Harbor Bridge Project Attachment 1
Four Party Agreement
Attachment No. 1
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