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HomeMy WebLinkAbout102579-16 - Resolution - 10/25/1979STATE OF TEXAS CITY OF COLLEGE STATION RESOLUTION NO. 102579-16 BE IT REMEMBERED, that on the 25th day of October, 1979 at 7:00 o'clock P.M., there was begun and holden a Regular meeting of the City Council of the City of College Station, Texas, at the regular meeting place at the City Hall in College Station, Texas, with Mayor Lorence L. Bravenec presiding and Councilmen Ringer, Adams, Boughton, Halter and Dozier in attendance when the following business came before the Council: Motion was made by Councilman Dozier and seconded by Councilman Adams to authorize the Mayor to sign the necessary fencing and utility agreement, contractual agreement and papers relative to billings to the State for 90-10 reimbursements on State Highway 6 from Junction of SH 6 and Loop 507 at College Station South to near Junction of SH 6 and Loop 508 at Navasota (Near the Grimes County Line (except that portion outside the City Limits of College Station). Motion passed unanimous. Motion was made by Councilman Dozier and seconded by Councilman Adams that the City of College Station waive its right to establish values for the procurement of right of way on State Highway 6 from Junction of SH 6 and Loop 507 at College Station South to near Junction of SH 6 and Loop 508 at Navasota near the Grimes County Line (except that portion outside the City Limits of College Station ). ATTEST: Motion carried unanimous. Lo're,ce L~.~I Mayor COMMISSION A SAM WALDROP. CHAIRMAN DEWITT C GREER RAY A BARNHART STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION P. O. Bo~ 3249 Bryan, Texas 77801 October 18, 1979 ENGINEER-DIRECTOR B L DEBERRY IN REPLY REFER TO FILE NO. Brazos County IPE 069 SH 6 Limits: From Junction of SH 6 and Loop 507 at College Station South To Near Junction of SH 6 and Loop 508 at Navasota (Nea~ the Grimes County Line) Mr. North Bardell City Manager City of College Station College Station, Texas 77840 Dear Mr. Bardell: Again we are attaching the original and three copies of the Contractual Agreement and Resolution requesting that they be acted on at the next regular City Council meeting. We are also attaching a copy of our September 25th letter which briefly explains the purpose of the resolution and contract. Yours very truly, '"- ~m~' Supervisor, Right of Way Section ALW/pa Attachments cc: Bill Bockmon 0Z818 a. nd Public Transportation Form D-15-37 Page 1 of 5 Rev. 7-77 CONTRACTUAL AGREEMENT FOR RIGHT OF WAY PROCUREMENT (CITY F0m~) STATE OF TEXAS COUNTY OF ~R~Vt~ COUNTY Brazos PROJECT HIGHWAY $I~ 6 This agreement entered into this 25th day of October , 19 79 , by and between the State of Texas, acting by and through the State Department of Highways and Fublic Transportation, hereinafter called the State, and City of College Stati. gn, Texas, acting by and through its duly authorized official under Resolution No. 102579-16 dated 25th day of October , 19 79 , hereinafter called the City. WHEREAS, the State has deemed it necessary to make certain highway improvements on Highway No. 6 From Junction of SH 6 and Loop 507 at Colleqe Station South To Near Junction of SH 6 and Loop 508 at Navasota (Near the Grimes County*and which section of highway improvements will necessitate the acquisition of certain right of way, and WHEREAS, it is agreed that such right of way purchase shall be by Joint effort of the State and the City; NOW, THEREFORE be it agreed that acquisition of such right of way shall be in accordance with the terms of this contract and in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. The State hereby autho- rizes and requests the City to proceed with acquisition and the State agrees to reimburse the City for its share of the cost of such right of way providing such acquisition and reimbursement are accomplished according to the provisions outlined herein and agreed to by both parties hereto. LOCATION SURVEYS AND PREPARATION OF RIGHT OF WAY DATA: The State, without cost to the City, will do the necessary preliminary engineering and title investigation in order to supply to the City the data and instruments necessary to obtain acceptable title to the desired right of way. DETERMINATION OF RIGHT OF WAY VALUES: The City agrees to make a determination of property values for each right of way parcel by methods acceptable to the City and to submit to the State's District Office a tabulation of the values so determined, signed by the appropriate City representative. Such tabulations shall list the-parcel numbers, ownership, acreage, and recommended compensation. Compensation shall be shown in the component parts of land taken, itemization of improvements taken, damages, if any, (offset by enhancements, if any,) to the remainder, if any, and the amounts the total compensation will be reduced if the owner retains improvements. This tabulation shal' be accompanied by an explanation to support the determined values, together with a copy of information or reports used in arriving at all determined values. Such work will be performed by the City at its expense without cost participation by the State. The State will review the data submitted and may base its reimbursement on the values as determined by this review. The State, however, reserves the right to perform at its own expense any additional investigation deemed necessary, including supplemental appraisal work by State employees or by employment of fee appraisers, all as may be necessary for determination of values to constitute the basis for State reimbursement. * Line) (Except that portion outside the City Limits). Page 2 of 5 Rev. 7-77 If at any stage of the project development it is determined by mutual agreement between the State and the City that there should be waived the requirement that the City submit to the State property value determinations for any part or all of the required right of way, the City will make appropriate written notice to the State of such waiver, such notice to be acknowledged in writing by the State. In instances of such waiver, the State by its due processes and at its own ex- pense will make a determination of values to constitute the basis for State reimbursement. NEGOTIATIONS: The State will notify the City as soon as possible as to the State's determination of value. Negotiation and settlement with the property owner will be the responsibility of the City without participation by the State; however, the City will notify the State immediately prior to closing the transaction so that a current title investigation may be made to determine if there has been any change in the title. The City will deliver properly executed deeds which together with any cura- tive instruments found to be necessary as a result of the State's title investila- tion will properly vest title in the State for each right of way parcel involved. The costs incidental to negotiation and the costs of recording the right of way instruments will be the responsibility of the City. The cost of title investiga- tion will be the responsibility of the State. CONDEMNATION: Condemnation proceedings will be initiated at a time selected by the City and will be the City's responsibility at its own expense except as hereinafter indicated. The City will obtain from the State without cost current title informa- tion and engineering data at the time condemnation proceedings are to be initiated. Except as hereinafter set forth the City will concurrently file condemnation pro- ceedings and a notice of lis pendens for each case in the name of the State, and in each case so filed the judgment of the court will decree title to the property con- demned in the name of the State. The City will accomplish the legal procedures and curative matters found to be necessary as a result of the State's title investiga- tion, fulfilling the obligation to properly vest title in the State of Texas. The City may, as set forth herein under "Excess Takings," and where it is determined to be necessary, enter condemnation proceedings in its own name. Property acquired in the City's name must comply with the requirements set forth in the engineering data and title investigation previously furnished the City by the State at such time as the City conveys said property to the State. COURT COSTS~ COSTS OF SPECIAL COMMISSIONERS' HEARINGS AND APPRAISAL EXPENSE: Court costs and costs of Special Commissioners' hearings assessed against the State or City in condemnation proceedings conducted on behalf of the State and fees incident there- to, will be paid by the City. Such costs and fees, with the exception of recording fees, will be eligible for 90 per cent State reimbursement under the established reimbursement procedure provided such costs and fees are eligible for payment by the State under existing State law. Where the City uses the State's appraisers employed on a fee basis in Special Commissioners' hearings or subsequent appeals, the cost of the appraiser of updating his report, of preparing new reports, preparing for court testimony and appearing in court to testify in support of his appraisal, will be paid direct by the City, but will be eligible for 90 per cent State reimbursement under established reimbursement procedure provided prior approval for such appraiser has been obtained from the State. The fee paid the appraiser by the City shall be in accordance with the fee schedule set forth in the appraiser's contract for appraisal services with the State. OZSZO ~orm~-15-37 Page 3 o£ 5 Rev. 7-77 EXCESS TAKINGS: In the event the City desires to acquire land in excess of that re- quested by the State for right of way purposes, the Statels cost participation will be limited to the property needed for right of way purposes. If the City elects to ac- quire the entire property, including the excess taking, by a single instrument of con- veyance or in one eminent domain proceeding, the property involved will be acquired in the name of the City and that portion requested by the State for right of way will be conveyed to the State. When acquired by negotiation, the State's participation will be based on the State's approved value of that part requested for right of way pur- poses, providing such approved value does not exceed actual payment made by the City. When acquired by condemnation, the State's participation will be in the proportionate part of the final Judgment amount computed on the basis of the relationship of the State's approved value to the State's predetermined value for the whole property. IMPROVEMENTS: Property owners will be afforded an opportunity in the negotiations to retain any or all of their improvements in the right of way taking. In anticipation of the owner desiring to retain his improvements, the State's approved value will in- clude the amounts by which the upper limit of State participation will be reduced for the retention. It is further agreed that the upper limit for the State's participa- tion in the City's cost for an improved parcel will be reduced as shown in the State's approved value where the owner retains an improvement which is to be moved by either the City or the owner. In the event the improvements which are, in whole or part, a part of the right of w~y taking are not retained by the owner, title is to be secured in the name of the State. The State will participate in the acquisition of a structure severed by the right of way line if the part of the house, building or similar struc- ture outside the right of way cannot be reconstructed adequately or there is nothin8 but salvage left, provided the State's value is established on this basis and provided title to the entire structure is taken in the name of the State. The State shall dis- pose of all improvements acquired. The net revenue derived by the State from the dis- position of any improvements sold through the Board of Control will be credited to the cost of the right of way procured and shared with the City. RELOCATION OF UTILITIES: If the required right of way encroaches upon an existing utility located on its own right of way and the proposed highway construction requires the adjustment, removal or relocation of the utility facility, the State will estab- lish the necessity for the utility work. State participation in the cost of makin~ the necessary change, less any resulting increase in the value to the utility and less any salvage value obtainable, may be obtained by either the "actual cost" or "lump sum" procedures. Reimbursement under "actual cost" will be made subsequent to thc City's certification that the work has been completed and will be made in an amount equal to 90 per cent of the eligible items of cost as paid to the utility owner. The "lump sum" procedure requires that the State establish the eligibility of the utility work and enter into a three party agreement with the owners of the utility, facilities and'the City which sets forth the exact lump sum amount of reimbursement based om a prior appraisal. The utility will be reimbursed by the City after proper certifica- tion by the utility that the work has been done, said reimbursement to be on the basis of the prior lump sum agreement. The State will reimburse the City in an amount equal to 90 per cent of the firm commitment as paid to the utility owner. The foregoing is subject to the provision that the individual lump sum approved value shall not exceed $20,000, except as specifically approved by the State. In those cases where a single operation is estimated to exceed $20,000, the transaction will be brought to the atten- tion of the State for determination of proper handling based upon the circumstances involved. Such utility firm commitment will be an appropriate item of right of way. The adjustment, removal or relocation of any utility line on publicly owned right of way by sufferance or permit will not be eligible for State reimbursement. The term "utility" under this contract shall include publicly, privately, and cooperatively o-.v'T~ed utilities. Form D-15-37 Page 4 of 5 Rev. 7-77 FENCING REqUIRE~.NTS: The City may either pay the property owner for his existing right of way fences based on the value such fences contribute to the part taken and damages for an unfenced condition resulting from the right of way taking, in which case the estimated value of such right of way fences and such damages will be in- cluded in the recommended value and the approved value, or the City may do the fencing on the property owner's remaining property. Where the City performs right of way fencing as a part of the total right of way consideration, neither the value of existing right of way fences nor damages for an unfenced condition will be included in the recommended value or the approved value. State participation in the City's cost of constructing right of way fencing on the property owner's remainder may be based either on the actual cost of the fencing or on a predetermined lump sum amount. The State will be given credit for any salvaged fencing material and will not participate in any overhead costs of the City. If State participation is to be requested on the lump sum basis, the State and the City will reach an agreement prior to the actual accomplishment of work as to the necessity, eligibility, and a firm cormnitment as to the cost of the entire fencing work to be performed. The foregoing is subject to the provision that the lump sum approved .cost shall not exceed $20,000, except as specifically approved by the State. In case the fencing is estimated to exceed $20,000, the transaction will be brought to the attention of the State for determination of proper handling based upon the circumstances involved. REIMBURSE}~.NT: The State will reimburse the City for right of way acquired after the date of this contract in an amount not to exceed 90 per cent of the cost of the right of way acquired in accordance with the terms and provisions of this agreement. The State's reimbursement will be in the amount of 90 per cent of the State's predetermined value of each parcel, or the net cost thereof, whichever is the lesser amount. If condemnation is necessary and title is taken as set forth herein under the section headed "Condemnation", the participation by the State shall be based on the final judgment, conditioned that the State has been notified in writing prior to the filing of such suit and prompt notice is also given as to all action taken therein. The State shall have the right to become a party to the suit at any time for all purposes, including the right of appeal at any stage of the proceedings. All other items of cost shall be borne by the State and the City as provided by other provisions of this agreement. If a lump sum fencing or utility adjustment agreement has been executed the State will reimburse the City in the amount of 90 per cent of the predetermined lump sum cost of the right of way fencing or utility adjustment. If the City prefers not to execute a lump sum agreement for either fencing or utility adjustments the State will reimburse on the actual cost of such adjustments. The City's request for reimbursement will be supported by a breakdown of the labor, materials and equipment used. GENERAL: It is understood that the terms of this agreement shall apply to new right of way authorized and requested by the State Department of Highways and Public Transportation which is needed and not yet dedicated, in use, or previously acquired in the name of the State or City for highway, street, or road purposes. This agreement shall also apply, as to any existing right of way, to outstanding O2MZ2 Form D-15-37 Page 5 of 5 Rev, 7-77 property interests not previously acquired and to eligible utility adjustments not previously made, as authorized and requested by the State Department of Highways and Public Transportation. It is understood that this contract shall be effective from and after the date of full execution by the State of Texas. It is further understood that if unusual circumstances develop in the right of way acquisition which are not clearly covered by the terms of this agreement, such un- usual circ.mstances or problems will be resolved by mutual agreement between the State and the City. CITY ~ Colleqe Station , TEXAS ~/ Mayor -- THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public ~ransportation Commission: By: State Engineer-Director for Highways and Public Transportation Executed and approved for State Highway and Public Transportation Commission under authority of Con~ission Minute 70104. ATTEST: RECOMMENDED FOR APPROVAL District Engineer Program Engineer Chief Engineer of Highway Design Right of Way Engineer COMMISSION A SAM WALDROP. CHAIRMAN DEWI?T C GREER RAY A BARNHART STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION P. O. BOX 3249 Bryan, Texas 77801 September 25, 1979 ENGINEER-D~RECTOR B L DEBERRY IN REPLY REFER TO FILE NO Brazos County IPE 069 SH 6 Limits: From Junction of SH 6 and Loop 507 at College Station South To Near Junction of SH 6 and Loop 508 at Navasota (Near the Grimes County Line) City ~anag~r City ~f Col%ege Station Colle~ Station, Texas 7784.0 Dear Mr. Barde11: As discussed with you, we are attaching the original and three copies of the Contractual Agreement for Right of Way Procure- ment on the above mentioned project and request that you present this before the City Council for execution. This contract ex- cepts any portion of land which is outside the city limits of College Station. We are also attaching a prepared Resolution which if signed by the Council.will authorize the Mayor to sign any forms in con- nection with receiving reimbursement in regard to land purchases, utility adjustments and fencing costs ~elated to this project. The Resolution also allows the State to establish values which will set the dollar amount of State participation. OZSZ5 · : ~ ~ -2- Septembe~ 2§~ ~979 ALthough a ocupioted'~Lgh2 o£ Way map is not avai~nble a~ We ~LaL~ ~ afar' ~le~on o~ the Cent=actual Agree- - ~,~ .- ~.