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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: ¡' APPROVED: . BY: ä~Jt j¿,J¡ Charles W. Heald, P District Engineer p;: cr~~ city Secretary DATE: .1/ - ;2 ,./,~ - ';:7-/.-., I Page 3 of 3