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HomeMy WebLinkAbout70 0302 minMINUTES CITY. COUNCIL MEETING March 2, 1970 51 The Mayor and City Council of the City of Piainview met in regular session at 7:30 P.M. in the Council Chambers of the City Hall with Mayor M. B. Hood presiding and the following Aldermen present: Keltz Garrison, Medlin Carpenter, Neal Williams, and John Speck. A~o ~sen~ w~ M~sha~ ~h~-G~y M.~n~c~ Joa Sh~rp~C~Cy ACCornay~ M. L. Rea-Director of Municipal Services, Bill Hogge-Director of Public Works, Hoyt Curry-Director of Public Safety, Harold Gladman-Director of Planning, and Pat Bradley-Director of Parks and Recreation. Invocation was given by M. L. Rea. It was moved by Alderman Garrison, seconded by Alderman Williams, to adopt Ordinance No. 70-1078, an Ordinance pertaining to Mobile Homes and Vacation Travel Trailer Parks..Motion carried unanimously. It was moved by Alderman Carpenter, seconded by Alderman Garrison, to accept the assignment of paving assessment certificates from Municipal Investment Corporation in the amount of $6,417.56. Motion carried unanimously. The proposed dump ground survey was discussed. It was moved by Alderman Carpenter, seconded by 'Alderman Speck, to receive the Proposed Airport Capital Improvement Program Report and submit it to the Hale County Commissioners and the Hale County Airport Board for consideration. Motion carried unanimously. The Migrant Housing Project Recreation Facility Proposal was discussed. The City of Plainview Delinquent Tax Roll was received for filing. It was moved by Alderman Garrison, seconded by Alderman Williams, to adopt the following Appropriation Ordinances: Appropriation Ordinance No. 70-1077 from the General Fund, Acct. 418, in the amount of $2,864.98, to West Texas Municipal Utilities Committee for sery~ices rendered for gas utility. Appropriation Ordinance No. UR 194-70 from the Sewer Utility Revenue Bonds of 1966, Acct. 426, in the amount of $.30, payable to the General Fund of the City of Plainview, Texas, fo~xerox copies. Appropriation Ordinance No. UR 195-70 from the Water Utility Revenue Bonds of 1966, Acct. 425, in the amount of $14.12, payable to the General Fund of the City of Plainview, Texas, for xerox charges and postage charges. Appropriation Ordinance No. GO 267-70 from the General Obligation Bond Fund of 1966, Acct. 424, in the amount of $12.40, payable to the General Fund of the City of Plainview, Texas, for xerox charges and postage charges. Motion carried unanimously. It was moved by Alderman Garrison, seconded by Alderman Carpenter, to adopt Ordinance No. 70-1079, an Ordinance closing a part of the alley in the subdivi- sion of the west pa~t of Block 8~, College Hill Addition, and accepting dedica- tion of the south..twenty feet~ of Lot 22 of said subdivision and the south twenty feet of Lot 6 of said subdivision. Motion carried unanimously. MINUTES CITY COUNCIL MEETING March 2, '1970 It was moved by Alderman Carpenter, seconded by Alderman Williams, to enter into contract with John Kerr for architectual services on the Drill Tower for the Fire Department. Motion carried unanimously. The discussion on the right-of-way on Highway 70 was deferred to the next meeting of the City Council. The Library Report for the month Of February was read and discussed. The Police Department Report for the month of February was read and discussed. : : The Fire Department Reports for the month of February were read and discussed. The Tax Department Report for the month of February was read and discussed. The Utility Report for the month of February was read and discussed. It was moved by Alderman Williams, seconded by Alderman Speck, to approve a 10-foot electric power line easement and right-of-way for Southwestern Public Service Company as submitted, provided that no poles or other structures be constructed or placed on the right-of-way granted. Motion carried unanimously. It was moved by Alderman Carpenter, seconded by:Alderman Garrison, to approve the minutes of the last meeting, to approve the reports for filing, and to adjourn the~meeting. Motion carried.unanimouSly. Meeting adjourned at 10:15 P.M. : M~ L. Rea, City .erk M, B. Hood', Mayor Texas Highway Department Form D-15-37 Page 1 of 5 Rev. 10-64 CONTRACTUAL AGREEMENT FOR RIGHT OF WAY PROCUREMENT (CITY FORM) STATE OF TEXAS COUNTY OF TRAVIS COUNTY Ha 1 e PROJECT 8005-1-7 HIGHWAY U. S. 70 This agreement entered into this %~h day of March , 19 70 by and between the State of Texas, a~ing by amd hereinafter called the State, and City 'of Plainview , Texas, acting by and through its duly authorized official under Ordinance dated day of , 19 . , hereinafter called the City. WHEREAS, the State has deemed it necessary to make certain highway improvements on Highway No. U.S. 70 From U.S. Highway 87 (Old Loop 274) at Ptainview To the West City Limits of Plainview 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. The State hereby authorizes 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 accom- plished 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 cogpensation 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. 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. Form D-15-37 Page 2 of 5 Rev. 10-64 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 ~articipation 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 investiga- 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 engineeCing 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 ~he legal procedures and curative manters 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 50 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 50 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. Form D~ 15-37 Page 3 of 5 Rev° 10-64' EXCESS TAKINGS: In the event the City desires to a6quire land in excess of that re- quested by the State for right of way purposes, the State's 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~ prov%ding such approved value does not exceed actual payment made by the City. When acquired by condemnation, the State's participation will be in the proportior~te pa~ ~f ~h~ final j~a~n~ amoun~ ~ompu~ed on the basis of the relationship of the State's approved value to the State's predetermined value for the whole proper=y. 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 limiu 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 way 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 nothing but salvage left, provided the Stat~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. R~LOCATION 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- limb the necessity for the utility work. State participation in the cost of making the necessary change, less any resulting increase in the value to the utility and less any salvage value obtainable, may be obtained by either the "actual cost" or "lump s~n" procedures. Reimbursement under "actual cost" will be made subsequent to the City:s certification that the work has been completed and will be made in an amount equal to 50 per cent of the eligible items of cost as paid to the utility owner. The '~lump sum'~ procedure requires that the State establish the e~igibility of the utility work and enter into a three party agreement with the owners of the utiiit~ facilities and the City which sets forth the exact lump sum~ amount of reimburseanent based ou 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 50 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 teznn "utility" under this contract shall include publicly, privately, and cooperatively owned utilities. Form D- 15-37 Page 4 of 5 Rev. 10-64 FENCING REQUIREMENTS: The City may %ither 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 perform right of way fencing as a part of the total right of way consideratio~ 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 commitment 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. REIMBURSEMENT: The State will reimburse the City for right of way acquired after the date of this contract in an amount not to exceed 50 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 50 per cent of the Sta~s predetermined value of each parael, 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 "Conderanation", 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 reiraburse the City in the amount of 50 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 actua~ ~ost 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 Texas Highway Department 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 Form D- 15-37 Page 5 of 5 Rev. 2- 68 existing right of way, to outstanding property interests not previously acquired and co eligible utility adjustments not previously made, as authorized and requested by the Texas Highway Department. It is understood that this cont~ract 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 circumstances or problems will be resolved by mutual agreement between the State and the City. CITY/~D~ PLAINVIEW , 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 Commission: By: State Highway Engineer Executed and approved for State Highway Commission under authority of Commission Minute 60394. ATTEST: RECOMMENDED FOR APPROVAL District Engineer Program Engineer Chief Engineer of Highway Design Right of Way Engineer