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R-90-1437 - 4/12/1990contractual agreement with the cities of Austin, Pflugerville Georgetown, the counties of Travis and Williamson, Capital Metro, the State Department of Highways and Public Transportation for acquisition of the MKT right -of -way; and WHEREAS, all of the above - described contract, and WHEREAS, in accordance ATTEST: RSO4120F RESOLUTION NO. 1 437 (e_/ WHEREAS, the City Council has previously entered into a with the contract, City of and and the entities have signed the Round Rock's pro -rata share of the acquisition of the MKT right -of -way is $8,454.00, Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF ROUND ROCK, TEXAS, That $8,454.00 be remitted to. Travis County, as the Managing Agent for the State Department of Highways and Public Transportation, said amount being the City of Round Rock's pro -rata share of the acquisition cost of the MKT right -of -way. RESOLVED this 12th day of April, 1990. MIKE ROBINSON, Mayor City of Round Rock, Texas AGREEMENT TIIIS AGREEMENT is made and entered into by and between the STATE OF TEXAS, acting by and through the STATE DEPARTMENT OF HIGHWAYS 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, Jr., 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 1 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 bf 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. 2 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 $126,510.00 Travis County (Pct. 1) $167,097.00 Travis County (Pct. 2) . $121,168.00 Pflugerville $ 33,923.00 Williamson County $158,877.00 Round Rock $ 8,454.00 Georgetown - 0 - Capital Metro $281,601.00 Total $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. 3 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 4 in accordance with the agreement limits set forth herein; b) 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 5 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 terns 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. 6 PFLUGERVILLE By: B Name: Name: Title: ' Title: Address: Address: Date: Date: ROUND ROCK GEORGETOWN By: 74.0e By: Name: MIKE RDf3ln15ON Name: Title: M . yOR mkt /agreement Date: 3 /1 19 90 8 CAPITAL METRO Title: Address: Date: KEN ODEN COUNTY ATTORNCV Dear Charley: Charley Crossfield, Attorney at Law 309 E. Main Round Rock, Texaa 78664 Fax No. 255 -8986 u1141 - PAV1 S v c Auwtn, Texas 78767 STATE EXAS 473 -9415 April 4, 1990 Res MKT Agreement, City of Round Rock and Williamson County Financial Participation; File No. 87 -62.3 The State Department of Highways & Public Transportation ( "SDH &PT ") has executed the MKT Agreement and, therefore, there is a contract between the parties to the Agreement. Accordingly, the SDH &PT has requested the prompt delivery of the funds required under the Agreement from the participating local political subdivisions. At the request of the SDH &PT, Travis County is acting as the managing entity for the collection of the required funds. Checks from the City of Austin, the City of Pflugerville, and Capital Metro are currently being held in safekeeping by the Travis County Treasurer. In addition, Travis County's funds have been encumbered and are available. As you will remember, the City of Georgetown is not required to contribute any funds under the Agreement because of its contribution of land. Please obtain the required funds from the City of Round Rock and Williamson County as soon as possible and have the checks delivered to me for forwardtng to the SDHFPT. Note: Please have the checks made out to the Texas State Department of Highways & Public Transportation. As soon as the checks have been delivered to the SDH &PT, they will begin negotiations with the Missouri- Kansas Texas Railroad Company for the acquisition of the MKT right -of -way. Please contact me with any questions and thank you for your cooperation in this matter. Charley Crossfield, Attorney at Law April 4, 1990 Page 2 Sincerely yours ,, Goordon Bo wman Assistant County Attorney GB:sm cc: Honorable Samuel T. Biscoe, Commissioner, Pct. 1 Honorable Bruce Todd, Commissioner, Pct. 2 Shyra Darr, Director, P.I.T.D. John Tresnicky, City of Austin Glenn Cortez, City of Pfiugerville Diane Callender, City of Georgetown Bob Harwood, SDH &PT DATE: April 10, 1990 SUBJECT: City Council Meeting, April 12, 1990 ITEM: 9F. Consider a resolution authorizing payment to the State Department of Highways and Public Transportation for purchase of the abandoned MKT Right -of -Way. STAFF RESOURCE PERSON: Joe Vining STAFF RECOMMENDATION: APPROVAL THE ATTACHED RESOLUTION AUTHORIZES OUR PRO -RATA PAYMENT FOR THE PURCHASE OF THE ABANDONED MKT RIGHT OF WAY. THIS PURCHASE IS BEING NEGOTIATED AND WILL BE MADE BY THE DISTRICT 14 OFFICE.