HomeMy WebLinkAboutResolution 1996-002
RESOLUTION NO. 96-02
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS,
TEXAS, that:
The Mayor be, and is hereby authorized and directed to execute Supplemental Agreement
NO.1 to the ISTEAlSTP-MM Agreement with the Texas Department of Transportation dealing
with construction of appurtenances to Rufe Snow Drive from I.H. 820 to Watauga Road as the act
and deed of the City.
2.
A copy of said Supplemental Agreement NO.1 is attached hereto, marked Exhibit "A", and
made a part hereof.
PASSED AND APPROVED this 8th day of January, 1996.
APPROVED:
~
~
Tommy Brown, M r
ATTEST:
Agreement No.5XXF6022
CSJ: 0902-48-193
Rufe Snow Drive:
From: IH 820
To: Watauga Road
THE STATE OF TEXAS
THE COUNTY OF TRAVIS
SUPPLEMENTAL AGREEMENT NO. 1
FOR THE SURFACE TRANSPORTATION PROGRAM - METROPOLITAN
MOBILITY REHABILITATION
This supplemental agreement to the Surface Transportation Program is made by
and between the State of Texas, acting by and through the District Engineer of
the Texas Department of Transportation, hereinafter called the "State", and
City of North Richland Hills, hereinafter called the "City".
WHEREAS, the State and the City executed an agreement on the 3rd day of
February, 1995, and entered into an agreement concerning the improvements under
the Surface Transportation Program; and, .
WHEREAS, this agreement was originally for reimbursement of engineering; and,
NOW THEREFORE, premises considered, the state and the city agree that said
agreement is amended as follows:
Page 3 of 11. It has become necessary to amend Article 3 of the agreement,
Acquisition of Right of Way, to revise and add wording to reimburse the city
for right-of-way acquisition as follows:
3.ACQUISITION OF RIGHT-OF-WAY
A. The city shall assume all costs and perform all necessary requirements to
provide title in name of City to the desired right-of-way required for the
construction of the Project, which title shall be acceptable to the State. The
City shall provide all right-of-way free and clear of all improvements and/or
encroachments. The City will comply with and assume the costs for compliance
with all the requirement$ of Title II and Title III of the Uniform Relocation
Assistance and Re:al P:coperty Acquisition Policies Act of 1970, Title 42
U.S.C.A. section 4601, et seq., including those provisions relating to
incidental expenses incurred by the property owners in conveying the right-of-
way to the City, and benefits applicable to the relocation of any displaced
person as defined in 49 CFR, 24.2(g). Documentation to support such compliance
must be maintained and must be made available to the State and its
representatives for review and inspection. The City shall secure and provide
easements over any other land in additional to normal right-of-way as may be
indicated on the approved right-of-way map. The City will be responsible for
any additional right-of-way required for the completion of the Project.
B. In the event the right-of-way is donated to the City after the federal
authorization date for acquisition of right-of-way the City will provide all
documentation to the State regarding the value of the acquired property. The
State will review the City's appraisal of the donated property to determine the
fair market value. The fair market value of donated right-of-way will be
credited towards the City's financial share towards the cost of the project.
Page 1 of 3
C. The State will not reimburse the City any funds in the event the right-of-
way was purchased before written authorization by the State or the fair market
value of the donated property exceeds the City's financial share towards the
project.
D. The City agrees to make a determination of property values for each right-
of-way parcel by methods acceptable to the state and to submit to the state's
District Office a tabulation of the values so determined, signed by the
appropriate ci ty 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) and the amounts by which the total compensation will
be reduced if the owner retains improvements. This tabulation shall be
accompanied by an explanation to support the determined values, together with
a copy of information or reports used in arriving at all determined values.
Expenses incurred by the City in performing this ',¡ork may be eligible for
reimbursement after the City has received written authorization by the state
to proceed with determination of right-of-way values. The State will review
the data submitted and may base its reimbursement for parcel acquisitions on
the values which are determined by this review.
E. Condemnation proceedings will be initiated at a time selected by the City
and will be the City's responsibility at its own expense as hereinafter
indicated. The City will concurrently file condemnation proceedings and a
notice of lis pendens for each case in the name of the City, and in each case
so filed the judgment of the court will decree to the City title to the
property condemned.
F. Court costs of Special commissioners' hearings assessed against the City in
condemnation proceedings and fees incidental thereto will be paid by the City.
Such costs and fees incurred after written authorization by the State to
proceed with condemnation will be eligible for reimbursement at an amount not
to exceed eighty percent (!æ.%) of the actual cost under the established
reimbursement procedure provided such costs and fees are eligible for payment.
G. Reimbursement will be made to the City for right-of-way purchased in an
amount not to exceed eighty percent (!æ.%) of the cost of the right-of-way
purchased in accordance with the terms and provisions of this agreement.
Reimbursement will be in the amount not to exceed eighty percent (80%) of the
State's predetermined val~e of each parcel, or the net cost thereof, whichever
is the lesser ~~ount. In addition, reimbursement will be made to the City for
necessary payments to appraisers, expenses incurred in order to assure good
ti tIe to property acquired and costs associated with the relocation of
displaced persons or personnel property as well as incidental expense incurred
in conveying the needed right-of-way to the state. Reimbursement shall not
exceed eighty percent (80%) of such documented costs. If condemnation is
necessary and title is taken as set forth herein under the section entitled
"condemnation", the participation by the state shall be based on the final
judgment, conditioned upon the State having been notified in writing prior to
the filing of such suit and upon prompt notice being given as to all action
taken therein.
All other terms and conditions of the contract are unchanged and remain in full
force and effect.
Page 2 of 3
IN WITNESS WHEREOF, the State and the City have signed duplicate
counterparts of this agreement.
THE CITY OF NORTH RICHLANP HILLS
THE STATE OF TEXAS
By:
(Name)
Executed for the Executive
Director and approved for
the Texas Transportation
Commission under the
Authority of Stand Alone Manual
Notice, 95-4, for the purpose
and effect of activating
and/or carrying out the orders,
established policies, or work
programs by the Texas
Transportation Commission.
MAYOR
(Title)
January 8. 1996
(Date)
ATTEST:
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APPROVED: .
BY: ä~Jt j¿,J¡
Charles W. Heald, P
District Engineer
p;:
cr~~
city Secretary
DATE:
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