R-90-1401 - 1/11/1990C53- RSMKTROW
RESOLUTION NO. / o
WHEREAS, the City of Round Rock desires to participate with the
Cities of Georgtown, Pflugerville and Austin, the Counties of
Williamson and Travis, the State Department of Highways and Public
Transportation and Capitol Metro, in the acquisition of the MKT
right -of -way, and
WHEREAS, the above - mentioned governmental entities are currently
working on an Inter -Local Agreement whereby the Department of
Highways and Public Transportation will pay 75% of the acquisition
costs and the other governmental entities will pay a pro -rata share
of the remaining 25% of the acquisition cost, and
WHEREAS, the City Council wishes to reaffirm its desire to
acquire the MKT right -of -way in order to expedite the construction of
the Mokan Highway, and
WHEREAS, the City Council wishes to enter into an Inter -Local
Agreement with the above -named governmental entities whereby the City
of Round Rock will contribute up to $10,144.80 for the acquisition of
the MKT right -of -way, Now Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Inter -Local Agreement attached hereto, whereby
the City agrees to contribute up to $10,144.80 for the acquisition of
the MKT right -of -way.
RESOLVED this llth day of January, 1990.
MIKE ROBINSON, Mayor
City of Round Rock, Texas
ATTEST:
2.
AGREEMENT
THIS AGREEMENT is made and entered into by and between the
STATE OF TEXAS, acting by and through the STATE DEPARTMENT OF
HIGIHWAYS and PUBLIC TRANSPORTATION ( "SDH &PT "), and the CITY OF
AUSTIN, ( "AUSTIN "), the CITY OF GEORGETOWN, ( "GEORGETOWN "), the
CITY OF ROUND ROCK, ( "ROUND ROCK "), the CITY OF PFLUGERVILLE,
( "PFLUGERVILLE "), TRAVIS COUNTY, ( "TRAVIS COUNTY "), WILLIAMSON
COUNTY, ( "WILLIAMSON COUNTY "), and CAPITAL METROPOLITAN
TRANSPORTATION AUTHORITY ( "CAPITAL METRO "), each acting by and
through its duly authorized officials, said local entities being
hereinafter collectively referred to as the "LOCAL POLITICAL
SUBDIVISIONS ".
WHEREAS, the former Missouri - Kansas Texas Railroad Company
Right -of -Way ( "MKT Right -of- Way ") consists of Parcels 1, 2, 6,
and 8 which are presently owned by the Missouri - Kansas -Texas
Railroad Company ( "MKT "), Parcels 3 and 5 which are owned by C.N.
Avery, Parcel 4 which is owned by T.E. Nelson, Sr., and Parcel 7
which is owned by Georgetown; and
WHEREAS, the parties have obtained appraisals of the value
of all parcels constituting the MKT Right -of -Way; and
WHEREAS, SDH &PT and the Local Political Subdivisions (the
parties ") are desirous of cooperating in the funding and
acquisition in fee simple of Parcels 1, 2, 6 and 8 for
construction of the proposed State Highway 130 and mass
transportation purposes; and
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WHEREAS, the parties have agreed that Austin and Capital
Metro shall have primary responsibility for acquisition of Parcel
1, SDH &PT shall have primary responsibility for acquisition of
Parcel 2, and Georgetown shall have primary responsibility for
acquisition of Parcels 6 and 8; and
NOW, THEREFORE, in consideration of the foregoing premises
and the mutual undertakings herein contained, the SDH &PT and
Local Political Subdivisions agree as follows:
1. The SDH &PT will negotiate with MKT and all other interest
owners and will act as the manager of the funds necessary
for the acquisition in fee simple of Parcels 1, 2, 6 and 8
of the MKT Right -of -Way consistent with the terms of this
Agreement. The SDH &PT is hereby authorized to act as the
expressly disclosed agent for Austin and Capital Metro in
the negotiations for purchase of Parcel 1 and for Georgetown
for the purchase of Parcels 6 and 8. The SDH &PT hereby
agrees to negotiate in good faith for the purchase of Tract
1 on behalf of Austin and Capital Metro and for the purchase
of Tracts 6 and 8 on behalf of Georgetown. The SDH &PT is
hereby further authorized to tender, by certified mail,
return receipt requested, a written good faith "final offer"
to MKT and all other interest owners for the purchase of
Parcels 1, 6 and 8, giving MKT and all other interest owners
at least fifteen (15) days from the date of receipt thereof
to respond. If no affirmative response is received from MKT
and all other interest owners within fifteen (15) calendar
days from the date of receipt of the written final offer,
then the expressly disclosed agency of SDH &PT shall lapse
and Austin and, at Capital Metro's option, Capital Metro
shall proceed to condemn Parcel 1 and Georgetown to condemn
Parcels 6 and 8. Within five (5) working days of the lapse
of SDH &PT's agency as described hereunder, SDH &PT shall
deliver all files, working papers and other pertinent
documentation concerning the negotiations with MKT to Austin
and Capital Metro, if Capital Metro is a condemning
authority, for Parcel 1 and to Georgetown for Parcels 6 and
8
2. Title Upon Acquisition. Title to Parcel 1 shall be taken in
the name of Austin and, at the option of Capital Metro,
title shall be taken jointly by Austin and Capital Metro as
tenants in common. Title to Parcel 2 shall be taken in the
name of the State of Texas. Title to Parcels 6 and 8 shall
be taken in the name of Georgetown.
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3. Contribution Shares. As utilized herein, the term "land
costs" shall include only the cost of land and appurtenances
and shall not include costs of litigation, attorney's fees,
appraisals, expert witnesses, etc. Unless otherwise
specified, any contributions to land costs or other surplus
funds shall be made in the following proportions:
Austin 14.0938%
Travis County (Pct. 1) 18.6154%
Travis County (Pct. 2) 13.4987%
Pflugerville 3.7792%
Williamson County 17.6996%
Round Rock .9418%
Georgetown - 0 -
Capital Metro 31.3716%
Total 100.0000%
The parties acknowledge that the percentages of Travis
County (Pct. 1), Williamson County, and Round Rock represent
the ratio of 25% of the appraised value of the MKT
Right -of -Way segments lying within the jurisdiction of each
entity relative to 25% of the total value of all segments
owned by the MKT, excluding Parcels 6 and 8. The
percentages of Austin, Pflugerville, and Travis County (Pct.
2) each represent the ratio of 12.5% of the appraised value
of the MKT Right -of -Way segments lying within the
jurisdictions of each of the respective entities relative to
25% of the total value of all segments owned by the MKT,
excluding Parcels 6 and 8, Capital Metro's percentage
representing the sum of such percentages for Austin,
Pflugerville, and Travis County (Pct. 2).
4. For purposes of funding the purchase price to be negotiated
by SDH &PT for Parcels 1, 2, 6 and 8, with the return of this
executed Agreement to the SDH &PT, the Local Political
Subdivisions shall also deliver the funds as stated below:
Austin
Travis County (Pct. 1)
Travis County (Pct. 2)
Pflugerville
Williamson County
Round Rock
Georgetown
Capital Metro
Total
$126,510.00
$167,097.00
$121,168.00
$ 33,923.00
$158,877.00
$ 8,454.00
- 0 -
$281,601.00
$897,629.00
SDH &PT shall contribute the initial sum of $3,040,499.00
toward the land cost of Parcels 1, 2, 6 and 8. The SDH &PT
shall hold the local funds in escrow for the benefit of
Local Political Subdivisions and may expend said local funds
for the purchase of Parcels 1, 2, 6 and 8 should
negotiations with MKT prove successful.
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5. In the event it is necessary to condemn Parcels 1, 2, 6 and
8, Austin and, at Capital Metro's option, Capital Metro
shall condemn Parcel 1, the SDH &PT shall condemn Parcel 2,
and Georgetown shall condemn Parcels 6 and 8.
6. Return of Excess Funds. If the land cost of Parcels 1, 2,
6, and 8 is less than $3,938,128.00, SDH &PT will return any
excess funds provided by the Local Political Subdivisions in
accordance with each party's contribution percentage set out
in paragraph 3.
7. Additional Land Costs. If the land cost for Parcels 1, 2,
6, and 8, whether through negotiated .purchase or
condemnation, is more than $3,938,128.00, then, in addition
to the amounts tendered under paragraph 5 above, SDH &PT
shall contribute 75% of such additional land costs not to
exceed 100% of the value of Parcel 2 and Local Political
Subdivisions (except Georgetown) shall contribute 25% of
such additional land costs not to exceed a total of
$179,525.80 over and above the initial local share of
$897,629.00. The Local Political Subdivisions shall advance
such additional land costs pro rata in accordance with the
respective contribution percentages established in paragraph
3. The Local Political Subdivisions must authorize in
advance any payment of land costs which would cause the
aggregate of the Local Political Subdivision's share of
such costs to exceed $1,077,154.00. Subject to the
foregoing, the Local Political Subdivisions agree that the
Local Political Subdivision's share of approved land costs
exceeding the aggregate sum of $1,077,154.00 will be borne
by the Local Political Subdivisions in accordance with the
percentages set forth in paragraph 3 with no participation
therein by Georgetown. If the Local Political Subdivision's
share of the cost of acquiring Parcels 1, 2, 6 and 8 exceeds
$1,077,154.00, no Local Political Subdivision shall be
required to contribute any amount in excess of its pro rata
share unless by separate action the Local Political
Subdivision agrees to fund all or part of such excess
portion. Subject to the above conditions, SDH &PT and Local
Political Subdivisions agree to provide SDH &PT with such
additional land costs required for acquisition of Parcels 1,
2, 6 and 8 no later than forty -five (45) days of written
request therefor from SDH &PT accompanied by documentation
establishing the need thereof.
8. Costs of Condemnation. In the event that condemnation is
required to acquire Parcels 1, 2, 6 and /or 8:
a) the condemnation cases will be coordinated by all
condemning entities to the extent possible in order to
ascertain the aggregate land costs for the condemned
parcels and ensure that such aggregate land costs are
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in accordance with the agreement limits set forth
herein;
all costs of condemnation including the amount of any
award, deposit or judgment, attorney's fees,
transcripts, costs of court, appraisals, expert
witnesses and all other costs incidental to same shall
be provided by the condemning entities and each such
condemning authority shall have the right to control
such litigation and pursue to completion such appeals
or other legal process as it deems appropriate;
provided, however, that each of the condemning
authorities listed in paragraph 5, above, agrees to
fund a special commissioners' award and /or judgment in
condemnation only after it is ascertained that either
the Local Political Subdivision's share of aggregate
land cost of acquiring Parcels 1, 2, 6 and 8 is less
than or equal to the $1,077,154.00 or the costs above
$1,077,154.00 have been approved by the Local Political
Subdivisions.
c) Austin /Capital Metro shall be reimbursed by SDH &PT for
the land cost of Parcel 1 based on the amount of the
Commissioners Award or Judgment presented to SDH &PT
with 75% of such reimbursements to come from SDH &PT and
25% of same from Local Political Subdivisions up to
the agreement limits set out in paragraph 7 herein;
Austin and, if Capital Metro is a condemning authority,
Capital Metro shall bear all attorney's fees, expenses,
and other costs incidental to such condemnation;
d) the Local Political Subdivisions shall provide SDH &PT
with 25% of the land cost of Parcel 2 up to the
agreement limits set forth in paragraph 7 herein based
on the Commissioners Award or Judgment evidencing such
land costs; SDH &PT shall bear all attorney's fees,
expenses, and other costs incidental to such
condemnation;
e) the SDH &PT and the remaining Local Political
Subdivisions shall reimburse Georgetown for 100% of the
land costs of Parcels 6 and 8 with 75% of such
reimbursement to come from the SDH &PT and 25% of the
same from the Local Political Subdivisions up to the
agreement limits set out in paragraph 7 herein with the
Local Political Subdivisions being responsible for any
amounts over and above the Agreement limits, as set
forth in paragraphs 7 and 8 herein, as well as for all
reasonable costs of litigation, including reasonable
attorney's fees, appraisals, expert witness fees, court
reporter fees, costs of court, etc., in accordance with
the contribution percentages established in paragraph 3
upon presentation of appropriate documentation of such
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costs; the aforesaid reimbursement is based on an
acknowledgment by the SDH &PT and the Local Political
Subdivisions of Georgetown's prior acquisition of
Parcel 7 for State Highway 130 and mass transit
purposes and the SDH &PT appraised value of Parcel 7.
9. Mass Transit Uses. As set forth in SDH &PT Minute Orders
numbered 83157, 87440, 87643, and 88030 and dated 5/22/85,
5/26/88, and 6/28/88, and 10/28/88, respectively, the SDH &PT
and the Local Political Subdivisions agree to work together
in developing plans, which are appropriate for the
transportation corridor to be created and preserved by the
acquisition of the MKT Right -of -Way for State Highway and
Mass Transit purposes. The Parties agree that it is their
intent that a portion of the entire length of the MKT
Right -of -Way shall be devoted to and used for "Mass Transit"
purposes as that term is defined in Article 1118x, V.T.C.S.
and that width and elevation of the portion used for mass
transit shall be determined by the technology available at
the time of the design and development of the proposed State
Highway within the MKT Right -of -Way. Capital Metro shall be
involved in and provide input in a timely manner to all
major technical decisions affecting the range of
alternatives in the SDH &PT's development of the subject MKT
Right -of -Way and shall be given an opportunity to meet with
the SDH &PT and discuss alternatives or other technical or
policy matters prior to decision thereon.
10. Surplus Right -of -Way. Any surplus land remaining in the
jurisdiction of a Local Political Subdivision not included
in plans for the State Highway and Mass Transit System may
be used by that Local Political Subdivision under a multiple
use agreement entered into by the appropriate parties at
that time or may be disposed of in accordance with
applicable law.
11. Acquisition of Remaining Parcels. SDH &PT and Local
Political Subdivisions acknowledge their intention to
provide by separate agreement for later acquisition of
Parcels 3, 4 and 5 from the Nelson and Avery families for
mass transportation purposes.
12. Amendment of Previous Agreement. To the extent that the
provisions hereof are inconsistent with the terms and
conditions of the Interlocal Agreement to acquire MKT
Right -of -Way previously entered into by the Local Political
Subdivisions (except Pflugerville), the Local Political
Subdivisions agree that said previous Agreement is hereby
amended to the extent of such inconsistency.
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13. Notices. Any notices to the parties shall be mailed to the
parties at the addresses set forth below.
14. Amendment. This Agreement may not be modified by any
employee or representative of any party hereto except in
writing and pursuant to express authority granted by the
governing body of each party.
15. Severability. The invalidity or illegality of any portion
of this Agreement shall not affect the validity of the
remaining portions hereof.
16. Multiple Counterparts. This Agreement may be executed in
multiple counterparts each of which shall ,constitute to
duplicate original hereof.
17. Effective Date. This Agreement shall be effective from and
after the date of due execution hereof by all parties.
SDH &PT AUSTIN
By: By:
Name: Name:
Title: Title:
Address: Address:
Date: Date:
TRAVIS COUNTY WILLIAMSON COUNTY
By: By:
Name: Name:
Title: Title:
Address: Address:
Date: Date:
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PFLUGERVILLE CAPITAL METRO
By: By:
Name: Name:
Title: Title:
Address: Address:
Date: Date:
ROUND ROCK
74
Name: MIKE RDr3iNSoN
Title: (Y1 AyOR
Address: a,aj. E. MA
1 \I►g r
Date: .TA/VUARy //) /990
mkt /agreement
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GEORGETOWN
By:
Name:
Title:
Address:
Date:
8
DATE: January 9, 1990
SUBJECT: City Council Meeting, January 11, 1990
ITEM: 9G. Consider a resolution in support of the purchase of
the MKT Right -of -Way.
STAFF RESOURCE PERSON: Joe Vining
STAFF RECOMMENDATION: Approval
This resolution will authorize an Inter -Local Agreement which will
fund the purchase of the MKT right -of -way.
The City of Round Rock is responsible for .9418 percent of the
portion of acquisition cost attributable to local jurisdictions.
The Department of Highways and Public Transportation will pay 75 %,
while local jurisdictions will pay the remaining 25%.
The cost to the City will be at least $8,454 and is not to exceed
$10,144.80.
PARCELS 1, 2, 6, & 8
I. LPS SHARES
II. INITIAL FUNDING
MKT RIGHT OF WAY
Austin 14.0938%
Travis County (Pct. 1) 18.6154%
Travis County (Pct. 2) 13.4987%
Pflugerville 3.7792%
Williamson County 17.6996%
Round Rock .9418%
Georgetown - 0 -
Capital Metro 31.3716%
SDH &PT 3,040,499
LPS - MATCH
Austin 126,510
Travis County (Pct. 1) 167,097
Travis County (Pct. 2) 121,168
Pflugerville 33,923
Williamson County 158,877
Round Rock 8,454
Georgetown - 0 -
Capital Metro 281,601
Total LPS - Match
TOTAL 3,938,128
APPRAISED VALUE
EXCESS MATCH
III. If cost is less than 3,938,128, SDH &PT refunds excess
match to LPS in above percentages.
IV. If cost exceeds 3,938,128:
A. SDH &PT pays 75% of additional costs, not -to- xceed the
value of Parcel 2.
Appraised Value of Parcel 2 = 3,413,671
B. SDH &PT initial contribution = 3,040,499
SDH &PT additional funding = 373,172.00
3,413,571
1
897,629
3,766,676
171,452
V.
Austin
Travis County (Pct. 1)
Travis County (Pct. 2)
Pflugerville
Williamson County
Round Rock
Georgetown
Capital Metro
Parcel
1
C. LPS pay 25% of additional costs in the above
percentages to cap amount, which is established at 120%
of LPS initial funding
120% (897,629) = 1,077,154.80
1,077,154.80 - 897,629.00 = 179,525.80
LPS LIMIT
Austin 25,302.00
Travis County (Pct. 1) 33,419.40
Travis County (Pct. 2) 24,233.60
Pflugerville 6,784.60
Williamson County 31,775.40
Round Rock 1,690.80
Georgetown - 0 -
Capital Metro 56,320.00
$179,25.80
A. LPS Totals 6 1,077,154.80 Limit
151.812.00
200,516.40
145,401.60
40,707.60
190,652.40
10,144.80
- 0 -
337,921.00
1,077,154.80
S. If cost of LPS's share exceeds 1,077,154.80, which
is the sum of the LPS's initial contributions and
additional funding commitment, LPS must approve
costs above 1,077,154.80, which are to be paid by
LPS in above percentages.
VI. Condemnation
Initial Funding
Austin &, if
Capital Metro is
a condemning
authority, Capital
Metro - 100%
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Final Funding
Reimbursement to Austin &, if
Capital Metro is a condemning
authority, Capital Metro )75 %% by
SOH &PT and 253 by Local Political
Subdivisions to above - described
limits and 100% by Local Political
Subdivisions thereafter)
2 SDH &PT - 100% Reimbursement to SDH &PT by Local
Political Subdivisions of 25%
of costs (from escrow and 25%
of additional costs to above -
described limits and 25%
thereafter)'
6 & 8 Georgetown - 100% Reimbursement to Georgetown (753
by SDH &PT and 25% by Local
Political Subdivisions to above -
described Limits and 100% by
Local Political Subdivisions
thereafter)
VII. Costs of Litigation
Parcels
1 - Austin &, if Capital Metro is a condemning authority
Capital Metro 100%
2 - SDH &PT 100%
6 & 8- LPS 100%
MKT /WORKSHEET /G3
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