HomeMy WebLinkAboutAgenda_GTEC_12.14.2016Notice of Meeting for the
Georgetown Transportation Enhancement Corp and the Gov erning Body
of the City of Georgetown
December 14, 2016 at 3:30 PM
at GMC Building - 300-1 Industrial Av e, Georgetown, TX 78626
The City o f G eo rgeto wn is committed to comp lianc e with the Americans with Dis abilities Ac t (ADA). If yo u
req uire as s is tanc e in participating at a p ublic meeting d ue to a disability, as d efined und er the ADA, reas onab le
as s is tance, ad ap tatio ns , or acc o mmo d ations will b e provid ed up o n req uest. P leas e c o ntact the City Sec retary's
Office, at leas t three (3) days prior to the sc hed uled meeting d ate, at (512) 930-3652 o r City Hall at 113 Eas t 8th
Street fo r add itional info rmation; TTY us ers ro ute through Relay Texas at 711.
Spe cial M e e ti ng
Regular Session
(This Regular S es s io n may, at any time, b e rec es s ed to convene an Exec utive S es s io n fo r any p urpose
authorized b y the Op en Meetings Act, Texas Go vernment Co d e 551.)
A Call to Ord er
The Board may, at any time, rec es s the R egular S es s io n to convene in Exec utive S es s io n at the reques t of
the Chair, a Board Memb er, the City Manager, As s is tant City Manager, G eneral Manager of Utilities, City
Co uncil Member, o r legal c o uns el for any p urpos e authorized b y the Op en Meetings Act, Texas
Government C o d e Chapter 551, and are s ubjec t to actio n in the Regular Ses s ion that follows .
B Introduction of Vis itors
C Ind ustry/C AMP O/TXDOT Updates
D Pres entatio n and d is cus s io n regarding eminent domain laws , regulations and p ro cedures . - Travis Baird,
Real Es tate Services Coordinator
E Dis cus s ion regard ing the Projec t Progres s Reports and Time Lines. – Wes ley Wright, P.E., S ystems
Engineering Directo r.
F Pres entatio n o f Georgetown Trans p o rtation Enhanc ement Co rp o ration mo nthly financ ial reports for
No vember 2016. Leigh Wallac e, Financ e Direc tor, COG, F inance Manager, GT EC.
Legislativ e Regular Agenda
G Co nsideration and possible actio n to approve minutes from the regular GTEC Bo ard meeting held
Oc tober 19, 2016. David Morgan, City Manager – COG, General Manager - GT EC
H Exec utive S es s io n SEC: 551.087 - Economic Development Nego tiatio ns
Update on P ro ject Cat - Mic haela Do llar
I Actio n from Executive S es s io n
Adjournment
Page 1 of 75
CERTIFICATE OF POSTING
I, Shelley No wling, C ity S ecretary fo r the C ity of Geo rgeto wn, Texas , d o hereby c ertify that this Notice of
Meeting was p o s ted at City Hall, 113 E. 8th Street, a p lace read ily acc es s ible to the general p ublic at all times ,
on the ______ d ay o f __________________, 2016, at __________, and remained so p o s ted fo r at leas t 72
c o ntinuo us ho urs p receding the sc heduled time o f s aid meeting.
____________________________________
S helley No wling, City Sec retary
Page 2 of 75
City of Georgetown, Texas
Transportation Enhancement Corp
December 14, 2016
SUBJECT:
Presentatio n and dis c us sion regard ing eminent d o main laws, regulatio ns and proc ed ures. - Travis Baird,
Real Estate Servic es C o o rd inato r
ITEM SUMMARY:
A presentation on the acquis ition of real prop erty rights through eminent do main, includ ing info rmation on
State and Fed eral laws and regulatio ns, time lines , as well as polic ies and pro c edures for acquiring
p ro p erty on b ehalf o f the City o r other entities , s uc h as TXDOT. The pres entation will also p ro vide
informatio n on important points to review when c ons id ering the exerc is e of eminent domain autho rity.
FINANCIAL IMPACT:
N/A
SUBMITTED BY:
Travis Baird, Real Es tate Services Coordinato r
ATTACHMENTS:
Description Type
Landowners ' Bill of Rights Backup Material
TXDOT ROW Purchas e Brochure Backup Material
TXDOT Relocation Brochure Backup Material
Page 3 of 75
THE STATE OF TEXAS
LANDOWNER’S
BILL OF RIGHTS
PREPARED BY THE
OFFICE OF THE
ATTORNEY GENERAL OF TEXAS
Page 4 of 75
1. You are entitled to receive adequate compensation
if your property is taken for a public use.
2. Your property can only be taken for a public use.
3. Your property can only be taken by a governmental
entity or private entity authorized by law to do so.
4. The entity that wants to take your property must
notify you that it wants to take your property.
5. The entity proposing to take your property
must provide you with a written appraisal from
a certified appraiser detailing the adequate
compensation you are owed for your property.
6. The entity proposing to take your property must
make a bona fide offer to buy the property before
it files a lawsuit to condemn the property – which
means the condemning entity must make a good
faith offer that conforms with Chapter 21 of the
Texas Property Code.
7. You may hire an appraiser or other professional to
determine the value of your property or to assist
you in any condemnation proceeding.
8. You may hire an attorney to negotiate with the
condemning entity and to represent you in any
legal proceedings involving the condemnation.
9. Before your property is condemned, you are
entitled to a hearing before a court appointed
panel that includes three special commissioners.
The special commissioners must determine
the amount of compensation the condemning
entity owes for the taking of your property.
The commissioners must also determine what
compensation, if any, you are entitled to receive
for any reduction in value of your remaining
property.
10. If you are unsatisfied with the compensation
awarded by the special commissioners, or if you
question whether the taking of your property was
proper, you have the right to a trial by a judge or
jury. If you are dissatisfied with the trial court’s
judgment, you may appeal that decision.
This Landowner’s Bill of Rights applies to any attempt by the government or a private entity to take your property.
The contents of this Bill of Rights are prescribed by the Texas Legislature in Texas Government Code Sec. 402.031
and Chapter 21 of the Texas Property Code.
CONDEMNATION PROCEDURE
Eminent domain is the legal authority that certain entities are granted that allows those entities to take private
property for a public use. Private property can include land and certain improvements that are on that property.
Private property may only be taken by a governmental entity or private entity that is authorized by law to do so. Your
property may be taken only for a public purpose. That means it can only be taken for a purpose or use that serves
the general public. Texas law prohibits condemnation authorities from taking your property to enhance tax revenues
or foster economic development.
Your property cannot be taken without adequate compensation. Adequate compensation includes the market value
of the property being taken. It may also include certain damages if your remaining property’s market value is
diminished by the acquisition itself or by the way the condemning entity will use the property.
STATE OF TEXAS LANDOWNER’S BILL OF RIGHTS
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HOW THE TAKING PROCESS BEGINS
The taking of private property by eminent domain must follow certain procedures. First, the entity that wants to
condemn your property must provide you a copy of this Landowner’s Bill of Rights before - or at the same time - the
entity first represents to you that it possesses eminent domain authority.
Second, if it has not been previously provided, the condemning entity must send this Landowner’s Bill of Rights to
the last known address of the person who is listed as the property owner on the most recent tax roll. This requirement
stipulates that the Landowner’s Bill of Rights must be provided to the property owner at least seven days before the
entity makes a final offer to acquire the property.
Third, the condemning entity must make a bona fide offer to purchase the property. The requirements for a bona fide
offer are contained in Chapter 21 of the Texas Property Code. At the time a purchase offer is made, the condemning
entity must disclose any appraisal reports it produced or acquired that relate specifically to the property and were
prepared in the ten years preceding the date of the purchase offer. You have the right to discuss the offer with others
and to either accept or reject the offer made by the condemning entity.
CONDEMNATION PROCEEDINGS
If you and the condemning entity do not agree on the value of your property, the entity may begin condemnation
proceedings. Condemnation is the legal process that eligible entities utilize to take private property. It begins with a
condemning entity filing a claim for your property in court. If you live in a county where part of the property being
condemned is located, the claim must be filed in that county. Otherwise, the condemnation claim can be filed in
any county where at least part of the property being condemned is located. The claim must describe the property
being condemned, state with specificity the public use, state the name of the landowner, state that the landowner and
the condemning entity were unable to agree on the value of the property, state that the condemning entity provided
the landowner with the Landowner’s Bill of Rights, and state that the condemning entity made a bona fide offer to
acquire the property from the property owner voluntarily.
SPECIAL COMMISSIONERS’ HEARING
After the condemning entity files a condemnation claim in court, the judge will appoint three local landowners to
serve as special commissioners. The judge will give you a reasonable period to strike one of the special commissioners.
If a commissioner is struck, the judge will appoint a replacement. These special commissioners must live in the
county where the condemnation proceeding is filed, and they must take an oath to assess the amount of adequate
compensation fairly, impartially, and according to the law. The special commissioners are not legally authorized
to decide whether the condemnation is necessary or if the public use is proper. Their role is limited to assessing
adequate compensation for you. After being appointed, the special commissioners must schedule a hearing at the
earliest practical time and place. The special commissioners are also required to give you written notice of the
condemnation hearing.
You are required to provide the condemning entity any appraisal reports that were used to determine your claim
about adequate compensation for the condemned property. Under a new law enacted in 2011, landowners’ appraisal
reports must be provided to the condemning entity either ten days after the landowner receives the report or three
business days before the special commissioners’ hearing - whichever is earlier. You may hire an appraiser or real
estate professional to help you determine the value of your private property. Additionally, you can hire an attorney
to represent you during condemnation proceedings.
At the condemnation hearing, the special commissioners will consider your evidence on the value of your
condemned property, the damages to remaining property, any value added to the remaining property as a result of
the condemnation, and the condemning entity’s proposed use of your condemned property.
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SPECIAL COMMISSIONERS’ AWARD
After hearing evidence from all interested parties, the special commissioners will determine the amount of money
that you should be awarded to adequately compensate you for your property. The special commissioners’ decision
is significant to you not only because it determines the amount that qualifies as adequate compensation, but also
because it impacts who pays for the cost of the condemnation proceedings. Under the Texas Property Code, if the
special commissioners’ award is less than or equal to the amount the condemning entity offered to pay before the
proceedings began, then you may be financially responsible for the cost of the condemnation proceedings. However,
if the special commissioners’ award is more than the condemning entity offered to pay before the proceedings began,
then the condemning entity will be responsible for the costs associated with the proceedings.
The special commissioners are required to provide the court that appointed them a written decision. That decision is
called the “Award.” The Award must be filed with the court and the court must send written notice of the Award to all
parties. After the Award is filed, the condemning entity may take possession of the property being condemned, even
if either party appeals the Award of the special commissioners. To take possession of the property, the condemning
entity must either pay the amount of the Award or deposit the amount of the Award into the court’s registry. You
have the right to withdraw funds that are deposited into the registry of the court.
OBJECTION TO THE SPECIAL COMMISSIONERS’ AWARD
If either the landowner or the condemning entity is dissatisfied with the amount of the Award, either party can
formally object to the Award. In order to successfully make this valuation objection, it must be filed in writing with
the court. If neither party timely objects to the special commissioners’ Award, the court will adopt the Award as the
final judgment of the court.
If a party timely objects to the special commissioners’ Award, the court will hear the case in the same manner that
other civil cases are heard. Landowners who object to the Award and ask the court to hear the matter have the right
to a trial and can elect whether to have the case decided by a judge or jury. The allocation of any trial costs is decided
in the same manner that costs are allocated with the special commissioners’ Award. After trial, either party may
appeal any judgment entered by the court.
DISMISSAL OF THE CONDEMNATION ACTION
A condemning entity may file a motion to dismiss the condemnation proceeding if it decides it no longer needs
your condemned property. If the court grants the motion to dismiss, the case is over and you are entitled to recover
reasonable and necessary fees for attorneys, appraisers, photographers, and for other expenses incurred to the date
of the hearing on the motion to dismiss.
If you wish to challenge the condemning entity’s authority to take your property, you can lodge that challenge by
filing a motion to dismiss the condemnation proceeding. Such a motion to dismiss would allege that the condemning
entity did not have the right to condemn your property. For example, a landowner could challenge the condemning
entity’s claim that it seeks to take the property for a public use. If the court grants the landowner’s motion, the court
may award the landowner reasonable and necessary fees for attorneys, appraisers, photographers, and for other
expenses incurred to the date of the hearing or judgment.
Page 7 of 75
RELOCATION COSTS
If you are displaced from your residence or place of business, you may be entitled to reimbursement for reasonable
expenses incurred while moving personal property from the residence or relocating the business to a new site.
However, during condemnation proceedings, reimbursement for relocation costs may not be available if those costs
are separately recoverable under another law. Texas law limits the total amount of available relocation costs to the
market value of the property being moved. Further, the law provides that moving costs are limited to the amount
that a move would cost if it were within 50 miles.
RECLAMATION OPTIONS
If private property was condemned by a governmental entity, and the public use for which the property was acquired
is canceled before that property is used for that public purpose, no actual progress is made toward the public use
within ten years or the property becomes unnecessary for public use within ten years, landowners may have the
right to repurchase the property for the price paid to the owner by the entity at the time the entity acquired the
property through eminent domain.
DISCLAIMER
The information in this statement is intended to be a summary of the applicable portions of Texas state law as
required by HB 1495, enacted by the 80th Texas Legislature, Regular Session. This statement is not legal advice and
is not a substitute for legal counsel.
ADDITIONAL RESOURCES
Further information regarding the procedures, timelines and requirements outlined in this document can be found
in Chapter 21 of the Texas Property Code.
REV 03/12Page 8 of 75
Pending revisions, ROW Division/TGC, 100429
Purchase of
Right of Way
by Counties
and Cities
Texas Department of Transportation
Right of Way Division
Page 9 of 75
2
INTRODUCTION
By this time, you are probably aware that at least a portion of your
property is required to improve the highway or public road system in
your community. The purpose of this brochure is, briefly, to explain
your rights as a citizen, the procedure followed in purchasing your
property and, hopefully, answer some of the questions that may be in
your mind. This brochure is offered for general information purposes
only; it is not a document of law, rule or regulation. For some
highways, the State of Texas, acting directly through the Texas
Department of Transportation, is responsible for the purchase of right
of way. On others, cities and counties purchase right of way and
conduct all negotiations with property owners. This brochure is
concerned only with highways or public roads for which counties and
cities are responsible for the purchase of rights of way. All of your
questions may not be answered in this brochure, but perhaps the
answers to a few will enable you to have a better understanding of
the overall process. Later you will have an opportunity to discuss your
individual case with the agency responsible for acquiring your
property. On the last page of this brochure you will find the name,
telephone number and address of the agency responsible for
purchasing your property.
Page 10 of 75
3
PERHAPS THE FIRST QUESTION IS:
WHY DOES THE GOVERNMENT HAVE THE RIGHT
TO ACQUIRE PRIVATE PROPERTY?
Our successful existence in a democracy requires the development of
public services to improve our way of life. We would be greatly
handicapped without lands upon which to carry out the activities of
government; there would be no lands for public schools, highways,
public hospitals or other facilities necessary for our society. In short, a
government cannot provide services to its citizens without the right to
acquire land.
OK, BUT WHY IS MY PROPERTY NEEDED?
You may have amended a meeting or public hearing where the need
and methods of project development were discussed. One purpose of
these meetings is to inform citizens of the systematic approach used
to assess engineering conditions, beneficial and adverse social,
economic, environmental and other effects. Projects are not arbitrarily
selected. They are the result of cooperative efforts with the proper
local agencies, the study of alternatives and a balanced consideration
of the need for safe and efficient public transportation. You may be
sure that this process was followed on the particular project which
involves your property.
Under our form of government, the rights of the individual are of
paramount importance. Our laws guarantee these individual rights for
all of us. However, our laws also recognize another principle, namely,
the public good, which sometimes makes it necessary to resolve a
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4
difficult matter such as public acquisition of private property in favor of
the majority for the good of all. Every effort is made to reach a fair
and equitable agreement in the acquisition of all right of way needed
for public transportation purposes.
It is sincerely hoped that when a highway project route and
design have finally been determined all citizens will agree that fair
and equitable consideration has been given to the property owners
involved and that the selected route is in the best interest of the
general public.
The remainder of this brochure is designed to answer questions
common to most property owners. If you have other questions, the
agency responsible for purchasing your property is always ready to
discuss your situation and try to solve any problems.
WHEN WILL I KNOW SOMETHING DEFINITE?
You will be contacted by an authorized representative of the local
acquiring agency. This contact for negotiation purposes, however,
must be delayed until all preliminary requirements for project
development have been completed. In some instances, the time
between the date you may have heard of a proposed project until you
are contacted may seem unreasonable; however, every effort is
made to expedite the various planning, engineering, environmental,
public hearing and approval steps so that purchase of the right of way
can begin at the earliest possible date.
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5
HOW MUCH WILL I GET?
You will, of course, want to know how much you will receive for your
property. As a property owner you have the constitutionally
guaranteed right to receive just compensation for the property which
will be purchased from you. Even though you have the right to
receive such compensation, you may make a gift or donation of all or
part of the property being acquired if you wish to do so. Where
payment is to be made, the real property wiII be appraised to
determine just compensation. If you elect to donate all of your
property prior to the time an appraisal is made, no appraisal will be
made unless you desire one to be made. A thorough investigation of
your property will be made to determine its value in accordance with
State law. You or your designated representative will be given an
opportunity to accompany the individual evaluating your property
during the inspection of your property. Your cooperation will greatly
aid in insuring that nothing is overlooked which ought to be included
in the appraisal of your property. At the earliest possible time, you will
be provided a written offer in the total amount determined to be just
compensation for your property. You will also be advised in the
written offer concerning the option of retaining any building or other
improvements located on the land needed for right of way. 3 Your
decision regarding the offer for your property needs to be made at the
earliest possible time so that the completion of the acquisition
process is not delayed. You can appreciate the fact that there is a
definite time frame required for every aspect of the highway or
transportation project that involves your property.
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WHAT DOES DONATION OF RIGHT OF WAY MEAN?
The donation or gift of all or a portion of your property that is needed
for right of way is an option that you have. Obviously, the public funds
that are saved if property is donated can be utilized for construction
and/or other purposes. Donations can also help to expedite the letting
of construction contracts and lead to an earlier completion of the
project. In situations where remaining property will be greatly
increased in value by the construction of the highway or other
transportation facility, the donation of right of way may be to your
advantage as a property owner by making your property more
suitable for timely development. There are undoubtedly other good
and valid reasons for consideration to be given to the possibility of
donation or the acceptance of reduced consideration.
WHAT ABOUT DAMAGES?
In many cases, highway construction will enhance rather than
damage the remaining property. When only a portion of your property
is taken for public use, every effort is made to compensate you
adequately and fairly -- not only for the part taken but also for any
damage if the loss of this portion reduces the value of the part you
have remaining. The amount established for damages, if any, will be
separately stated and will also be included in the total offer made to
you by the acquiring agency.
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CAN MY HOUSE BE MOVED?
Arrangements usually can be made for you to keep your house or
buildings and move to another location. Since each case is different,
it is best that you discuss this with an authorized representative of the
acquiring agency.
WILL I HAVE TIME TO LOOK FOR ANOTHER HOME?
If your home is purchased, you will be paid the full consideration and
given ample time to buy another using the proceeds from your sale
before moving from your present home. This applies not only to
homes but also to all properties where a property owner relocates to
a new property or moves retained buildings, fences or other
improvements to remaining property. To the greatest extent
practicable, you will be given at least 90 days written notice of the day
by which you must move.
WILL I HAVE TIME TO FENCE OR DO OTHER WORK
ON MY REMAINING PROPERTY?
Every effort will be made to time the offer of purchase sufficiently in
advance of construction to allow time for necessary property
adjustment work. Examples of property adjustments are the building
of fences along the right of way lines, the construction of new
watering facilities for stock, the removal of any buildings or other
improvements from the right of way area being purchased which an
owner wishes to keep and reestablish elsewhere for continued use,
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and the adjustment of water lines and similar facilities which are
necessary to continued best use of remaining property.
WHAT ABOUT PLANTING OR HARVESTING MY CROPS?
If crops have been planted, the offer to purchase will usually be
based on your retaining a right to harvest crops in the ground, with
the understanding that after closing the transaction no new crops '" -
5 will be planted. An exception to this procedure is when construction
is so imminent as not to allow time for the harvesting of existing
crops. In that case, our offer to you will include payment for the
existing crops based on the value of such crops at the time of the
offer.
WHAT ABOUT MY MORTGAGE?
Like the handling of any other real estate transaction, payments must
be made to satisfy outstanding mortgages or liens. If only a portion of
your property is being acquired, agreement must be reached with the
mortgage or lien agency concerning repayment requirements. If you
were selling your property in a private real estate transaction, and
part or all of an outstanding mortgage had to be paid, many lending
agencies would require a prepayment penalty. Since this sale is
being made to the public, most lending agencies, including the
Federal Housing Administration, waive this requirement. However,
some do not, and you should investigate this matter to determine
whether or not such a penalty will have to be paid.
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THE G.I. LOAN
The Veterans Administration recognizes that the sale of your property
is not of your choosing. Under these circumstances, your Gl. loan
privileges may be restored and become available for coverage on
another property. This action must be initiated by the veteran.
SMALL BUSINESS LOAN
The Small Business Administration administers funds for loans for
small businesses. You may wish to contact one of the Small Business
Administration offices which are located in Austin, Corpus Christi,
Dallas, EI Paso, Fort Worth, Harlingen, Houston, Lubbock, Marshall,
and San Antonio to determine how to qualify for a loan.
INCOME TAXES
If your property is worth more today than when you bought it, you
may be wondering about paying income tax on the difference when
you sell to the public. The sale of property for public purposes comes
under a class that the Internal Revenue Service designates as
"involuntary conversion." It may not be necessary to pay income tax
or capital gain tax depending on how you reinvest your profits from
the sale to the State. Any payment received for damages also may
not be taxable. You, therefore, are urged to contact the Internal
Revenue Service Office that serves your area or seek legal advice on
these matters.
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EMINENT DOMAIN PROCEEDINGS
Although a sincere and comprehensive effort is made to determine
the just compensation for the right of way required, including
improvements and damages to any remainder, the owner may still
not be satisfied and refuse to sell. In other instances, the title to the
land needed for right of way may be clouded to the extent that legal
proceedings are necessary to effect a transfer of clear title. In these
cases, eminent domain proceedings will be initiated by the acquiring
agency. Thereafter, the Judge will appoint three disinterested
landowners to serve as Special Commissioners to determine the
value. A date will be set with the owner notified of the time and place
of the hearing. At that time, the Special Commissioners will hear
evidence and arrive at an award, which will be filed with the Judge. A
deposit in the amount of the award may be made with the Court at
which time the acquiring agency will be entitled to take possession of
the property involved. After the deposit is made, withdrawal of the
award must be authorized by the Court. If either the owner or the
acquiring agency is dissatisfied with the amount of the award,
objections to the award may be filed within the time prescribed by law
and the case subsequently tried in the same manner as other civil
cases. The basic issue decided in eminent domain cases is just
compensation for the property being acquired.
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11
RELOCATION ASSISTANCE AND BENEFITS
In addition to payment for your property, you may be entitled to
additional benefits. If you must move, you may be entitled to both
assistance in locating another home or business and financial
assistance in the form of moving and related expenses. Such
benefits, if any, are handled entirely separate from the acquisition of
your property. It is beyond the scope of this brochure to detail specific
benefits; however, if you are eligible, you will be provided with a
separate relocation assistance brochure. Subsequently your rights
and benefits will be fully explained in detail. If the needed right of way
is occupied by a home, business or any personal property, do not
move until you have been contacted by a relocation assistance
counselor and have established eligibility for possible relocation
benefits. Moving prematurely will jeopardize these benefits.
INCIDENTAL EXPENSES
After the date of payment of the purchase price or the date of deposit
in court of funds to satisfy the award of compensation as determined
through eminent domain proceedings to acquire real property, you
will be reimbursed for any fair and reasonable expenses necessarily
incurred in transferring title to the property for use by the Texas
Department of Transportation. Expenses eligible for reimbursement
may include (I) recording fees, transfer taxes, and similar expenses
incidental to conveying the real property to the Department and (2)
penalty costs for prepayment of any preexisting recorded mortgage
entered into in good faith encumbering the real property. Voluntary
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unnecessary expenses or expenses incurred in clearing questionable
title will not be eligible for reimbursement. Eligible incidental
expenses will be reimbursed by the Texas Department of
Transportation upon submission of a claim supported by receipted
bills or other evidence of actual expenses incurred. You may file a
written request for review if you believe that the Department failed to
properly determine the eligibility for or the amount of incidental
expenses to be reimbursed. There is no standard form on which to
request review of a claim; however, it must be filed with the
Department's District Office for your area within six months after you
are notified of the Department's determination on any claim for
reimbursement.
CONCLUSION
It is hoped that the purchase of your property can be accomplished to
your satisfaction with a minimum of inconvenience to you. Should you
require additional information, the agency responsible for purchasing
your property is:
Name of Agency:
Address:
Telephone Number:
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RELOCATION
ASSISTANCE
Right of Way Division
Page 21 of 75
Page 22 of 75
1
Table of Contents
Introduction ....................................................................................................... 2
Section I: Residential Displacees ..................................................................... 6
Section II: Businesses, Farms and non-Profit Organizations ........................ 15
Section III: Advertising..................................................................................... 21
Section IV: Relocation Services ...................................................................... 23
Section V: Claim for Payment ......................................................................... 26
Section VI: Right of Appeal ............................................................................. 28
Section VII: Civil Rights ................................................................................... 29
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Introduction
The development of highways or other public transportation services
needed to serve and improve our way of life require the use of land. This, in
turn, means that some persons may be required to move to another
location. Your Texas Department of Transportation (TxDOT) is aware of the
cost and inconvenience associated with having to move from a home,
business or farm. In order to assist those who are required to move, TxDOT
provides, through its relocation assistance program, payments and services
to aid in movement to a new location.
This brochure provides information about available relocation services and
payments:
• Section I is for people displaced from a residence.
• Section II is for displaced businesses, farms and nonprofit
organizations.
• Section III is for advertising signs.
• Section IV is about relocation assistance services.
• Section V is how to claim a relocation payment.
• Section VI is information on a person’s right to appeal TxDOT’s
determination regarding the amount of a relocation payment or the
entitlement to a relocation payment.
If you are required to move as the result of the acquisition of property for a
TxDOT project, a relocation assistance counselor will contact you. The
counselor will be able to answer your specific questions and provide
additional information. To ensure maximum relocation benefits you must
discuss any proposed move with the relocation assistance counselor so
that a definite understanding of eligibility requirements can be reached.
Special Note
It is not possible to cover the needs and questions of each person. This
brochure is for general information purposes only; it is not a document of
law, rule or regulation.
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3
Qualification for Assistance
Relocation assistance is available to individuals, families, businesses,
farmers, ranchers and nonprofit organizations lawfully present in the United
States who are displaced as a result of a state highway or transportation
project. This assistance applies to tenants as well as owners occupying the
real property needed for the project.
Advance Notice
Each displaced person will be given sufficient time to plan for an orderly,
timely and efficient move. This applies not only to residential occupants but
to all properties where an occupant has to move to a new location or move
his property to a new location. To the greatest extent practicable, no person
lawfully occupying real property will be required to move from that site
without at least a 90-day written notice.
Caution
To assure eligibility and prompt payment of your relocation benefits, you
must provide your TxDOT relocation assistance counselor advance notice of
the approximate date of the planned move and a list of the items to be
moved so that a TxDOT representative may inspect the personal property at
the displacement and replacement sites and monitor the move. An
occupant who moves prior to the date negotiations are initiated for
acquisition of the property will not be eligible for any relocation payment
unless he or she receives a written notice of advanced relocation
eligibility before he or she moves from the property.
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Some Important Definitions
Acquiring Agency - The “acquiring agency” or “agency” may be the Texas
Department of Transportation (hereinafter referred to as “TxDOT”) or a
political subdivision of the state including but not limited to cities and
counties.
Displaced Person - Any person (individual, family, corporation, partnership,
or association) who moves from real property or moves personal property
from real property as the result of the acquisition of the real property, in
whole or in part, or as the result of a written notice from TxDOT to vacate
the real property needed for a state highway or transportation project. In
the case of partial acquisition, TxDOT shall determine if a person is
displaced as a direct result of the acquisition. Relocation benefits will vary,
depending upon the type and length of occupancy of the acquired property.
Displaced persons are classified as:
• An owner occupant of a residential property. (Includes mobile
homes.)
• A tenant occupant of a residential property. (Includes mobile homes
and sleeping rooms.)
• A business, farm or nonprofit organization.
• An individual with only displaced personal property.
Business - Any lawful activity conducted primarily for the purchase, sale,
lease, and/or rental of either personal or real property, or for the
manufacture, processing, and/or marketing of products, commodities, or
any other personal property; or for the sale of services to the public; or
solely for the purpose of relocation benefits, an outdoor advertising
display(s) that must be moved as a result of a state highway or
transportation project.
Family - The term “family” means two or more individuals living together in
a single family dwelling unit who are: related by blood, adoption, marriage,
or legal guardianship, who live together as a family unit, plus all other
individuals regardless of blood or legal ties who live with and are
considered a part of the family unit, or are not related by blood or legal ties
but live together by mutual consent.
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Farm - Any activity conducted solely or primarily for the production of
agricultural products or commodities, including timber, for sale and home
use, and customarily producing such products or commodities in sufficient
quantity to contribute materially to the operator’s support.
Initiation of Negotiations - The date the acquiring agency makes its first
written offer to an owner of real property, or the owner’s representative, to
purchase the real property for a state highway or transportation project.
Nonprofit Organization - An organization that is incorporated under the
applicable laws of a state as a nonprofit organization, and exempt from
paying federal income taxes under Section 501 of the Internal Revenue
Code.
Small Business - A business having no more than 500 employees working
at the site being acquired.
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Section I: Residential Displacees
Moving Cost Reimbursement
If you qualify as a displaced person, you are entitled to reimbursement of
your moving costs and certain related expenses incurred in moving. The
methods of moving and the various types of moving cost payments are
explained below.
Individuals and Families
Displaced individuals and families may choose to be paid on the basis of
actual, reasonable and necessary moving costs and related expenses, or
according to a fixed moving cost schedule. However, to assure your
eligibility and prompt payment of moving expenses, you must contact
the relocation assistance counselor from TxDOT before you move.
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You Can Choose Either:
Actual Reasonable
Moving Costs
Including:
• Packing and unpacking
• Temporary storage
• Transportation
• Moving insurance
• Other related costs
-OR-
Fixed Moving Cost
Schedule
Based on
Room count
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8
Actual Reasonable Moving Costs
You may be paid for your actual reasonable moving and related expenses
when the work is performed by a commercial mover. Reimbursement will be
limited to a 50-mile distance. Related expenses may include:
• Packing and unpacking personal property.
• Disconnecting and reconnecting household personal property.
• Utility and telephone connection charges.
• Temporary storage of personal property.
• Insurance while property is in storage or transit.
• Mobile home park entrance fees.
Caution
Expenses must be necessary and reasonable as determined by TxDOT
and supported by receipts. Prior to taking action or incurring any moving
expenses verify eligibility for reimbursement with your relocation
assistance counselor.
Fixed Moving Cost Schedule
Or you may choose to be paid on the basis of a fixed moving cost schedule.
This payment is based on the number of rooms in your dwelling. Receipts
are not necessary. Under this option you will not be eligible for
reimbursement of related expenses.
Replacement Housing Payments
Replacement Housing Payments can be better understood if you become
familiar with the definition of the following terms . .
• Comparable
• Decent, Safe and Sanitary (DSS)
These terms are explained on the following pages.
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A Comparable Replacement means that your...
Present Dwelling
and
Replacement Dwelling
are functionally equivalent
This is regarding:
• Number of rooms
• Living space
• Location
• Square footage
A comparable replacement dwelling must be decent, safe, and sanitary,
and should be functionally equivalent to your present dwelling. While it may
not necessarily be identical to your present dwelling, the replacement
should have certain attributes:
• Similar number of rooms and living space.
• Located in an area not subject to unreasonable adverse
environmental conditions.
• Generally not be less desirable than your present location with
respect to public utilities and commercial and public facilities.
• Located on a site that is typical size for residential development with
normal site improvements.
• Currently available to you and within your financial means.
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Decent, Safe, and Sanitary (DSS) ...
Replacement housing must be decent, safe, and sanitary. This means it
meets all of the minimum requirements established by the state and
conforms to applicable housing and occupancy codes. The dwelling shall:
• Be structurally sound, weather tight and in good repair.
• Contain a safe electrical wiring system adequate for lighting and
electrical appliances.
• Contain a heating system capable of sustaining a healthful
temperature (approximately 70 degrees) except in those areas where
local climatic conditions do not require such a system.
• Be adequate in size with respect to the number of rooms and area of
living space needed to accommodate the displaced person(s).
• Contain a well-lighted and ventilated bathroom providing privacy and
containing a sink, bathtub or shower stall, and a toilet, all in good
working order and properly connected to appropriate sources of
water and sewage drainage system.
• Contain a kitchen area with a fully usable sink, properly connected to
potable hot and cold water and to a sewage drainage system, with
adequate space and utility connections for a stove and refrigerator.
• Have unobstructed egress to safe, open space at ground level.
• Be free of any barriers that prevent reasonable ingress, egress, or
use of the dwelling in the case of a displaced person that is disabled.
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Replacement Housing Payments Are
Separated Into Three Basic Types:
• Purchase Supplement (page 12)
• Rental Assistance (page 13)
• Down Payment Assistance (page 13)
The type of payment depends on whether you are an owner or a tenant, and
how long you have lived in the property being acquired prior to negotiations.
Occupancy Time Periods and What You Are Entitled To
There is one basic length-of-occupancy requirement that determines the
type of replacement housing payment to which you are entitled. Length-of-
occupancy simply means the number of days that you occupied a dwelling
immediately before the date of initiation of negotiations by the acquiring
agency.
Owners who were in occupancy 90 days or more immediately prior to the
initiation of negotiations may be eligible for a purchase supplement.
If you are a tenant who has been in occupancy 90 days or more
immediately prior to the initiation of negotiations, you may be eligible either
for rental or down-payment assistance.
If you have been in occupancy less than 90 days before the initiation of
negotiations and the property is subsequently acquired, or if you move onto
the property after the initiation of negotiations and you are still in
occupancy on the date of acquisition, you may be eligible for rental or down-
payment assistance. Check with the relocation assistance counselor for
more details.
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Purchase Supplement
(Owner-Occupants of 90 Days or More)
If you are an owner and have occupied your home for 90 days or more
immediately prior to the initiation of negotiations you may be eligible, in
addition to the just compensation for your property, for a purchase
supplemental as well as assistance with incidental costs necessary to
purchase a comparable decent, safe, and sanitary replacement dwelling.
The department will compute the maximum payment you are eligible to
receive. You must purchase and occupy a DSS replacement dwelling
within one (1) year.
The Purchase Supplement Includes:
Price Differential
The price differential payment is the amount that a replacement dwelling
exceeds the acquisition cost of the displacement dwelling. The price
differential payment and the following payments are in addition to the
acquisition price paid for your property.
Increased Mortgage Interest Costs
You may be reimbursed for increased mortgage interest costs if market
interest rates for a new mortgage exceed that of your present mortgage. To
be eligible, your acquired dwelling must have been encumbered by a bona
fide mortgage, which was a valid lien for at least 180 days immediately
preceding the initiation of negotiations.
Incidental Expenses for Replacement Housing
You may also be reimbursed for other expenses such as reasonable costs
incurred for loan applications, recording fees and certain other closing
costs. This does not include prepaid expenses such as real estate taxes
and property insurance or costs for services normally paid by sellers of
residential properties or provided by title companies and closing agents as
part of other services.
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The Rental Assistance Supplement
(Owner-Occupants of Less Than 90 Days and Tenants)
The rental assistance supplement is designed to assist you when renting a
decent, safe and sanitary (DSS) replacement dwelling. If you choose to rent
a replacement dwelling and the rental payments are higher than you have
been paying, you may be eligible for a rental assistance payment. TxDOT
will determine the maximum payment you may be eligible to receive in
accordance with established procedures. The rental assistance payment
will be paid in a lump sum unless TxDOT determines that the payment
should be paid in installments. You must rent and occupy a DSS
replacement dwelling within one (1) year to be eligible.
All eligible displacees have a freedom of choice in the selection of
replacement housing. If a person displaced decides not to accept the
replacement housing offered by TxDOT, he or she may choose a
replacement dwelling of their choice, providing it meets DSS housing
standards.
Down Payment Assistance
Owner-occupants of less than 90 days and tenants may be eligible for
down-payment assistance and related incidental expenses, not to exceed
the amount of the approved rental assistance supplement. Incidental
expenses for replacement housing include the reasonable costs of loan
applications, recording fees and certain other closing costs. These do not
include prepaid expenses such as real estate taxes and property insurance.
You may also be eligible for the reimbursement of loan origination or
assumption fees, if such fees are normal to real estate transactions in your
area and do not represent prepaid interest. Remember, you must purchase
and occupy a DSS replacement dwelling within one (1) year of your moving
date (for owners) or one (1) year of the date of the 90-day notice to vacate
(for tenants).
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Fair Housing Law
The Fair Housing Law (Title VIII of the Civil Rights Act of
1968) sets forth the policy of the United States to provide, within
constitutional limitations, for fair housing. This act and later acts and
amendments make discriminatory practices in the purchase and rental of
most residential units illegal if based on race, color, religion, sex or national
origin. Whenever possible, minority persons shall be given reasonable
opportunities to relocate to decent, safe and sanitary replacement
dwellings, not necessarily located in an area of minority concentration, that
are within their financial means.
This policy, however, does not require an acquiring agency to provide a
person a larger payment than is necessary to enable a person to relocate to
a comparable replacement dwelling.
To All Residential Displacees
The most important thing to remember is that the replacement dwelling you
select must meet the basic “decent, safe and sanitary” standards to receive
any benefits.
Do not:
• Execute a sales contract or a lease agreement until a
representative from TxDOT has inspected and certified in writing
that the dwelling you propose to purchase or rent does meet the
basic standards.
• Jeopardize your right to receive a replacement housing payment by
moving into a substandard dwelling.
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Section II: Businesses, Farms and
Nonprofit Organizations
Moving Cost Reimbursement
Owners or tenants may be reimbursed on the basis of actual reasonable
moving costs and related expenses or, under certain circumstances, a
fixed payment.
A. Actual reasonable moving expenses may be paid when the move is
performed by a professional mover or if you move yourself (page 16).
Related expenses, such as personal property losses (page 18), and
expenses in finding a replacement site (page 18) may also be
reimbursable. You may also be reimbursed for expenses incurred in the
reestablishment of your business (page 18).
or,
B. You may be eligible to receive a fixed payment. This payment is based
on the annual net earnings of the business or farm, not to exceed
$40,000. For a nonprofit organization the fixed payment is the average
of two (2) year’s annual gross revenues less administrative costs. To
qualify for a fixed payment, certain conditions must be met. See page
19.
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Actual Reasonable Moving Costs
Including
Personal Property Losses
Plus
Expenses in Finding a Replacement
Plus
Expenses In Reestablishing Your Business
Reimbursements for moving expenses are limited to reasonable and
necessary expenses incurred for a move not more than a 50-mile distance
from the original location.
Caution
Expenses must be necessary and reasonable as determined by TxDOT
and supported by receipts. Prior to taking action or incurring any moving
expenses verify eligibility for reimbursement with your relocation
assistance counselor.
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Two Ways to Move Your Enterprise
• Professional Mover. You may be reimbursed the actual reasonable
costs of your move carried out by a professional mover. All of your
expenses must be supported by paid receipts or invoices to ensure
prompt payment of your moving cost claim. Certain other expenses
are also reimbursable, such as packing, crating, unpacking,
uncrating, disconnecting, dismantling, removing, reassembling, and
reinstalling relocated machinery, equipment and other personal
property. Other expenses such as temporary storage costs, insurance
while in transit or storage, and the cost of new licenses and permits
may also be reimbursable.
• Self-Move. If you elect to take full responsibility for all or part of the
move, TxDOT may approve a negotiated reimbursement payment not
to exceed the lowest acceptable bid or estimate prepared by
qualified moving firms, moving consultants or a qualified department
employee. If two acceptable bids or estimates cannot be obtained, or
you decide to move yourself on an actual cost basis, your moving
payment may be based on actual, reasonable moving expenses
supported by receipted bills or other evidence of the actual
expenses. Cost estimates or bids for negotiated self-move payments
shall be obtained by TxDOT. Moreover, self-move payments must be
approved by TxDOT before the start of the proposed move.
Notification and Inspection
To assure eligibility and prompt payment for moving expenses, you must
provide TxDOT with advance written notice of the approximate date of the
planned move and a list of items to be moved so that TxDOT may inspect
the personal property at the displacement and replacement sites and
monitor the move.
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Direct Losses of Tangible Personal Property/
Purchase of Substitute Personal Property
Displaced businesses, farms and nonprofit organizations may be eligible for
a payment for the actual direct loss of tangible personal property or the
purchase of substitute personal property that is incurred as a result of the
move or discontinuance of the operation. This payment will vary depending
upon whether the item is replaced or not; however, it may never exceed the
estimated cost of moving and reinstallation.
Your relocation assistance counselor will explain this procedure in detail if
you are faced with this situation.
Reestablishment Expenses for Replacement Site
A small business (not more than 500 employees), farm or nonprofit
organization may be eligible to receive a payment, not to exceed $25,000
for expenses actually incurred in relocating and reestablishing at a
replacement site. These reestablishment expenses must be reasonable
and necessary as determined by TxDOT. Your relocation assistance
counselor will explain the eligible expenses included under this category of
relocation assistance.
Searching Expenses for Replacement Property
Displaced businesses, farms and nonprofit organizations are entitled to
reimbursement for actual reasonable expenses incurred in searching for a
replacement property, not to exceed $2,500. Expenses may include
transportation, meals and lodging when away from home; the reasonable
value of the time spent during the search; fees paid to real estate agents,
brokers, or consultants (excluding commissions); and other expenses
determined as reasonable and necessary by TxDOT.
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Fixed Payment (in Lieu)
Displaced businesses, farms and nonprofit organizations may be eligible for
a fixed payment in lieu of actual moving expenses, reestablishment
expenses, personal property losses and searching expenses. The fixed
payment may not be less than $1,000 or more than $40,000.
For a business to be eligible for a fixed payment, TxDOT must determine
that all of the following apply:
1. The business owns or rents personal property that must be moved in
connection with its displacement and for which expense would be
incurred in its move.
2. The business cannot be relocated without a substantial loss of its
existing patronage.
3. The business is not part of a commercial enterprise having more than
three other entities not being acquired and are under the same
ownership and engaged in the same or similar business activities.
4. The business is not operated at a displacement dwelling solely for
the purpose of renting such dwelling to others.
5. The business is not operated at the displacement site solely for the
purpose of renting the site to others.
6. The business contributed materially to the income of the displaced
person during the two (2) taxable years prior to displacement.
For the owner of a farm to be eligible for a fixed payment, the farm
operation must be displaced either by total or partial acquisition. In the
case of a partial acquisition, TxDOT must determine that the acquisition
caused the operator to be displaced or it caused a substantial change in
the nature of the farm operation.
For a nonprofit organization to be eligible for a fixed payment, it must
furnish proof of its nonprofit status under applicable federal or state law.
Applications for fixed payments in lieu of actual expenses must be filed
with TxDOT prior to the planned move from the displacement property.
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• When the fixed payment claim is selected, a displaced business,
farm, or nonprofit organization may not claim any other type of
moving expenses.
• Not all displaced businesses, farms or nonprofit organizations will
qualify for this type of payment. Check with the relocation assistance
counselor for more details.
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Section III: Advertising
The owner of any outdoor advertising display(s) is eligible for a relocation
payment for actual moving and related expenses.
Types of Payments for Advertising Signs
Actual Costs
Actual reasonable moving expenses may be paid when the move is
performed by a qualified mover (page 8). Claims for such expenses must be
supported with itemized receipts or other verifiable evidence of the
expense(s) incurred.
Self-Move
If you elect to take full responsibility for all or part of the move, TxDOT may
approve a negotiated payment as described on page 17. Negotiated self-
move payments must be approved by TxDOT prior to the start of the
planned move.
• Direct Loss of Personal Property Expenses
This payment is based on the depreciated value of the sign in place as
determined by TxDOT less the proceeds from its sale, or the estimated
cost of moving the sign, but with no allowance for storage, whichever is
the lesser amount.
or
• Purchase of Substitute Personal Property
This payment is based on the replacement cost of like-type sign less
the sale/trade-in of current signs, or the estimated cost of moving the
existing sign, but with no allowance for storage, whichever is the lessor
amount.
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Searching Expenses
Owners of displaced advertising signs are entitled to reimbursement for
actual reasonable expenses incurred in searching for a replacement sign
site (page 18), not to exceed $2,500.
Caution
To assure eligibility and prompt payment for all moving expenses, you
must provide TxDOT with advance written notice of the approximate date
of the planned move and a sketch of the displaced sign showing its size
(dimensions), number of poles, type of materials, lighting and
advertisement.
Also, advertising signs that are moved to locations that do not conform with
the highway beautification provisions of the Texas Litter Abatement Act will
not be eligible for a relocation reimbursement.
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Section IV: Relocation Services
Relocation Assistance Services
Any individual, family, business or farm displaced by a state highway or
transportation program shall be offered relocation assistance services for
the purpose of locating a suitable replacement property. Relocation
services are provided by qualified personnel employed by TxDOT. These
services are to help you successfully relocate. Relocation assistance agents
are there to help and advise you; be sure to make full use of their services.
Do not hesitate to ask questions to ensure you understand fully all of your
rights and relocation benefits.
Personal Contact
A relocation assistance counselor will contact you personally. Relocation
services and payments will be explained in accordance with your eligibility.
During the initial interview, your housing needs and desires will be
determined as well as your need for assistance. You cannot be required to
move unless at least one comparable replacement dwelling is made
available to you. When possible, comparable housing will be inspected prior
to being made available to you to assure that it meets decent, safe and
sanitary standards.
In addition, the relocation assistance counselor will give you current listings
of other available replacement housing. Transportation will be provided to
inspect available housing, especially if you are elderly or disabled. The
department will also provide counseling or help you get assistance from
other available sources to minimize hardships in adjusting to your new
location. Information concerning other federal, state and local housing
programs offering assistance is also available.
Business and Farm Assistance
The relocation assistance counselor will assist in locating commercial
properties and farms. Steps will be taken to minimize economic harm and
to increase the likelihood of relocating into the affected community. The
counselor will also explore and provide advice about possible sources of
funding and assistance from other local, state and federal agencies.
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Social Services Provided by Other Agencies
Your relocation assistance counselor will be familiar with the services
provided by other public and private agencies in your community. If you
have special needs, the counselor will make every effort to secure the
services of those agencies with trained personnel to help you. Make your
needs known so you may receive the proper assistance.
Relocation Office
In addition to personal contacts by the relocation assistance counselor,
TxDOT agency may establish a relocation office on or near a project where a
considerable number of people are to be relocated. Project relocation
offices are open during convenient hours, including evening hours when
necessary.
The office maintains a variety of information concerning:
• Listings of available replacement properties
• Local housing ordinances building codes
• Social services
• Security deposits interest rates and terms
• Typical down payments
• Veterans Affairs (VA) and Federal Housing Administration (FHA)
loan requirements
• Real property taxes
• Consumer education literature on housing
Visit your relocation office if one has been established. You will be more
than welcome.
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Relocation Advisory Assistance
Checklist
This checklist is a summary of the relocation advisory assistance you may
reasonably expect to receive if you are displaced by a state highway or
transportation project. In addition, TxDOT is required to coordinate its
relocation activities with other agencies causing displacements to ensure
that all persons displaced receive fair and consistent relocation benefits.
The relocation assistance counselor will personally interview persons
displaced to:
• Determine needs and preferences
• Explain relocation benefits
• Offer assistance
• Offer transportation if necessary
• Assure the availability of a comparable residential property in
advance of displacement
• Provide current listing of comparable properties
• Provide the amount of the replacement housing payment in writing
• Inspect residential dwellings for DSS acceptability
• Supply information on other federal and state programs offering
assistance
• Provide counseling to minimize hardships
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Section V: Claim for Payment
How Do I Obtain My Relocation Payment?
You must file a claim for reimbursement. The department will provide
required claim forms, assist you in completing them and explain the
documentation to submit to receive your relocation reimbursement. If the
expenses that you must meet prior to your move cause a hardship, discuss
your financial needs with TxDOT.
When Should I File My Claim?
You must have all your claims submitted to TxDOT no later than 18 months
from the date you move, or are required to move. However, it is to your
advantage to file as soon as possible after you move. The sooner you
submit your claim, the sooner it can be processed and paid. If you are
unable to file your claim within 18 months, TxDOT may extend this time
period for good cause. The department is required to pay you promptly after
you file an acceptable claim. If there is any question regarding your right to
a relocation payment or the amount of the payment, you will be notified, in
writing, of the problem and the action you may take to resolve the matter.
Duplicate Payments
No payment will be made under the Relocation Program if the displaced
person is eligible to receive another payment provided by law that has
substantially the same purpose and effect as the relocation payment.
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Another Important Benefit
No Adverse Effects on:
Social Security Eligibility
Welfare Eligibility
Income Taxes
No relocation payment received will be considered as income for the
purpose of the Internal Revenue Code or for determining eligibility or the
extent of eligibility of any person for assistance under the Social Security
Act or any other federal law.
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Section VI: Right of Appeal
If you believe that TxDOT has failed to properly determine your eligibility, or
the amount of a payment, you may appeal to TxDOT’s Relocation Assistance
Review Committee. Applications for appeal must be submitted in writing.
TxDOT will assist you in filing an appeal and explain the procedures to
follow. You will be given a prompt and full opportunity to be heard by the
review committee. You have the right to be represented by legal counsel or
other representative at your own expense.
The review committee will consider all pertinent justification and material
submitted by you and other available information needed to ensure a fair
review. The committee will provide a written determination resulting from
the appeal with an explanation of the basis for the decision.
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Section VII: Civil Rights
In accordance with Title VI of the Civil Rights Act of 1964 and related
statutes, it is the policy of the department to ensure that no person shall be
excluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination under any of our programs or activities on the
grounds of race, religion (where the primary objective of the financial
assistance is to provide employment. 42 U.S.C. §2000d-3), color, national
origin, sex, age, retaliation or disability.
If you believe you have been discriminated against or your rights have been
violated under any program or activity of the department, you may file a
Title VI Discrimination Complaint.
The Title VI Discrimination Complaint Form can be obtained by:
• Visiting TxDOT’s website at http://www.txdot.gov/inside-
txdot/office/civil-rights/contact.html
• Contacting the Office of Civil Rights (866) 480-2518
• Visiting the Office of Civil Rights located at
200 E. Riverside Dr., 2nd floor, Austin Tx 78704
If you have questions about completing the form, contact the Office of Civil
Rights at the number listed above. Upon request, assistance will be
provided if you have limited English proficiency or are disabled. Complaints
also may be filed using an alternative format, such as computer disk, audio
tape or in braille. If you have a speech or hearing impairment, call Texas
Relay at (800) 735-2988 or 711 for assistance.
The department’s Office of Civil Rights will notify you when it receives your
complaint.
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Notes
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Notes
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Notes
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Relocation Office
Contact the Relocation Assistance Office for relocation advisory assistance
and information pertaining to the state law and procedures that regulate
this program.
Booklet 15.636 (Rev.3/2015)
NIGP# 96662206505
(Previous Versions Obsolete)
Page 56 of 75
City of Georgetown, Texas
Transportation Enhancement Corp
December 14, 2016
SUBJECT:
Disc ussion regarding the P ro ject P ro gress R ep o rts and Time Lines . – Wesley Wright, P.E., Sys tems
Engineering Direc tor.
ITEM SUMMARY:
GTEC P ro jec ts
FM 1460 ROW & Utility Relo cations – Projec t No. 5RB
Mays S treet Extension (Teravista Parkway to Westinghous e Ro ad) – P ro ject No . 5RI
NB F ro ntage Road (SS 158 to Lakeway Dr.) – Projec t No. 5QY
Northwes t Blvd Overp as s – Projec t No . 5QX
Rab b it Hill Road Imp ro vements Pro jec t – Projec t No. 5RQ
Rivery Boulevard Extens io n (Williams to No rthwest Blvd ) – Projec t 5RM
Rivery Boulevard – TIA Imp ro vements – Projec t No. 5RP
FINANCIAL IMPACT:
n/a
SUBMITTED BY:
Wes ley Wright, jk
ATTACHMENTS:
Description Type
Project Reports Backup Material
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City of Georgetown, Texas
Transportation Enhancement Corp
December 14, 2016
SUBJECT:
Presentatio n of Geo rgeto wn Transportation Enhancement Corporatio n monthly financial rep o rts fo r
Novemb er 2016. Leigh Wallace, F inance Direc to r, C OG, Financ e Manager, GTEC.
ITEM SUMMARY:
FINANCIAL IMPACT:
n/a
SUBMITTED BY:
Leigh Wallace, Financ e Directo r, COG, Financ e Manager, GTEC - jk
ATTACHMENTS:
Description Type
Monthly Financials w/Covers heet Backup Material
Page 65 of 75
Meeting Date December 14, 2016 Item No. _________
GEORGETOWN TRANSPORTATION ENHANCEMENT CORPORATION
AGENDA ITEM COVER SHEET
SUBJECT:
Presentation of Georgetown Transportation Enhancement Corporation monthly financial
reports for November 2016. Leigh Wallace, Finance Director, COG, Finance Manager,
GTEC.
ITEM SUMMARY:
The Bylaws of GTEC (Article V, Section 6.02) require the Finance Manager to report the
financial activity of the Corporation to the Board.
• Financial reports
• Sales Tax revenues
• Any other relevant financial information
Sales tax is received two months in arrears; therefore the revenues reflect only the
amount received, not actually earned, as of the report date. A report on payments made
to vendors for the month of November is also included.
ATTACHMENTS:
Monthly Financial Report
Sales Tax History
Disbursement Report
SUBMITTED BY:
Leigh Wallace
Finance Director, COG
Finance Manager, GTEC
Page 66 of 75
YEAR-END YEAR-END
APPROVED NOV-16 YEAR TO DATE YEAR-END VARIANCE % VARIANCE
BUDGET W/ENCUMB W/ENCUMB PROJECTION FAV(UNFAV) FAV(UNFAV)
BEGINNING BALANCE 5,262,150 5,262,150 0 0.0%
OPERATING REVENUE
Sales Tax 5,875,000 0 23,177 5,875,000 0 0.0%
Public Improve. District Assessments 553,201 0 0 553,201 0 0.0%
Interest 50,000 5,456 17,353 50,000 0 0.0%
Interlocal Agreement 2,905,356 0 0 2,905,356 0 0.0%
Miscellaneous 0 7,539 7,539 0 0 0.0%
Total Operating Revenue 9,383,557 12,996 48,069 9,383,557 0 0.0%
OPERATING EXPENDITURES
Administrative Support 330,895 0 12,424 330,895 0 0.0%
Total Operating Expenditures 330,895 0 12,424 330,895 0 0.0%
TOTAL NET OPERATIONS 9,052,662 12,996 35,645 9,052,662 0 0.0%
NON-OPERATING REVENUE
Debt Proceeds 1,850,000 0 0 1,850,000 0 0.0%
Total Non-Operating Revenue 1,850,000 0 0 1,850,000 0 0.0%
NON-OPERATING EXPENDITURES
Debt Service 3,414,754 (710) (710) 3,414,754 0 0.0%
SH 29 to RM 2243 SW Bypass 0 274 274 274 (274) NA
SW Inner Loop 29 to SW Bypass 0 0 8 8 (8) NA
SW Bypass 2243 to IH35 0 4,713 4,713 4,713 (4,713) NA
Rivery-Extension Williams Dr to NW Blvd 4,000,000 9,655 9,655 4,000,000 0 0.0%
Pecan Center Dr to Airport Rd (FY15) 1,850,000 0 579,710 1,850,000 0 0.0%
Mays St (FY15) 3,500,000 31,549 31,574 3,500,000 0 0.0%
Available for Projects TBD 1,468,750 0 0 1,468,750 0 0.0%
Total Non-Operating Expenditures 14,233,504 45,481 625,224 14,238,498 (4,994) (0.0%)
TOTAL NET NON-OPERATIONS (12,383,504) (45,481) (625,224) (12,388,498) (4,994) (0.0%)
EXCESS (DEFICIENCY) OF TOTAL
REVENUE OVER TOTAL
REQUIREMENTS (3,330,842) (32,485) (589,579) (3,335,836) (4,994) (0.1%)
ENDING BALANCE 1,931,308 1,926,314 (4,994) (0.3%)
RESERVED ENDING BALANCE 1,619,550
Georgetown Transportation Enhancement Corporation Fund
Year End Projection to Approved as of November 2016
Page 67 of 75
Variance % Var.
Month [a]2012-13 2013-14 2014-15 2015-16 2016-17 To FY 16 To FY 16
Oct 345,296 367,451 392,374 424,201 458,993.00 34,792 8.20%
Nov 328,333 398,208 411,566 451,065
Dec 470,330 538,728 575,095 592,798
Jan 330,857 357,430 350,778 386,252
Feb 311,562 347,604 356,428 432,468
Mar 462,254 457,421 495,804 533,967
Apr 337,678 424,007 410,683 435,906
May 377,648 450,289 382,794 481,672
Jun 456,529 493,224 522,356 571,069
Jul 371,061 409,739 435,977 478,136
Aug 370,942 392,059 411,552 530,326
Sep 500,787 477,892 500,805 541,513
Total 4,663,277$ 5,114,052$ 5,246,212$ 5,859,373$ 458,993$ 34,792$
YTD 345,296 367,451 392,374 424,201 458,993 34,792 8.20%[b]
Notes:
[a] Sales tax revenue from the State Comptroller is received two months in arrears.
[b] YTD compared thru current month.
Georgetown Transportation Enhancement Corporation
$0.00
$100,000.00
$200,000.00
$300,000.00
$400,000.00
$500,000.00
$600,000.00
$700,000.00
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
Re
v
e
n
u
e
s
Sales Tax 3 Year Trend
2014-15
2015-16
2016-17
Page 68 of 75
Check Report Summary
For the Month Ending
November 30, 2016
Armstrong Transportation 9,242.31
Rivery Ext 9,242.31
Oncor Electric 31,548.70
Mays St 31,548.70
40,791.01 40,791.01
Page 69 of 75
12/05/2016 5:00 PM A/P HISTORY CHECK REPORT PAGE: 3
VENDOR SET: 02 CITY OF GEORGETOWN
BANK: JPM JP MORGAN CHASE
DATE RANGE:11/01/2016 THRU 11/30/2016
CHECK CHECK CHECK CHECK
VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMOUNT
011750 ARMSTRONG TRANSPORTATION
I-CR110216 ARMSTRONG TRANSPORTATION R 11/10/2016 227340
400 9-0980-90-062 RIVERY EXT (WILLIAMS DR -NWESTARMSTRONG TRANSPORTA 9,242.31 9,242.31
011760 ONCOR ELECTRIC
I-ESD0125585 ONCOR ELECTRIC R 11/18/2016 227502
400 9-0980-90-060 MAYS STREET ONCOR ELECTRIC 31,548.70 31,548.70
* * T O T A L S * * NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT
REGULAR CHECKS: 2 40,791.01 0.00 40,791.01
HAND CHECKS: 0 0.00 0.00 0.00
DRAFTS: 0 0.00 0.00 0.00
EFT: 0 0.00 0.00 0.00
NON CHECKS: 0 0.00 0.00 0.00
VOID CHECKS: 0 VOID DEBITS 0.00
VOID CREDITS 0.00 0.00 0.00
TOTAL ERRORS: 0
** G/L ACCOUNT TOTALS **
G/L ACCOUNT NAME AMOUNT
----------------------------------------------------------------------
400 9-0980-90-060 MAYS STREET 31,548.70
400 9-0980-90-062 RIVERY EXT (WILLIAMS DR -NWEST 9,242.31
*** FUND TOTAL *** 40,791.01
NO INVOICE AMOUNT DISCOUNTS CHECK AMOUNT
VENDOR SET: 02 BANK: JPM TOTALS: 2 40,791.01 0.00 40,791.01
BANK: JPM TOTALS: 5 40,791.01 0.00 40,791.01
REPORT TOTALS: 5 40,791.01 0.00 40,791.01
Page 70 of 75
City of Georgetown, Texas
Transportation Enhancement Corp
December 14, 2016
SUBJECT:
Cons id eration and p o s s ib le ac tion to approve minutes fro m the regular GTEC Board meeting held Octo ber
19, 2016. David Morgan, City Manager – COG, General Manager - GTEC
ITEM SUMMARY:
Bo ard to review the minutes fro m the meeting held on Oc tober 19, 2016 and revis e o r approve.
FINANCIAL IMPACT:
n/a
SUBMITTED BY:
David Morgan, City Manager - jk
ATTACHMENTS:
Description Type
Draft Minutes Backup Material
Page 71 of 75
Minutes of the Meeting of
Georgetown Transportation Enhancement Corporation
and the Governing Body of the
City of Georgetown, Texas
Wednesday, October 19, 2016
The Georgetown Transportation Enhancement Corporation of the City of Georgetown, Texas, met on
Wednesday October 19, 2016
Board Members Present: Tom Crawford - President, Jay Warren – Vice President, Joe Pondrom -
Secretary, John Hesser, Leo Wood, Ty Gipson (arrived at 3:35)
Board Members Absent: Colin McGahey,
Staff Present: David Morgan, Jim Briggs, Laurie Brewer, Mike Babin, Jana Kern, Ed Polasek, Wes
Wright, Travis Baird, Tristian Whitmire, Paul Diaz, Michaela Dollar,
Others Present: Dustin Elliott – HNTB, Trae Sutton – KPA, Steven Widacki – M&S Eng.,
Bill Martin & Dennis Busch – Citizen, James R. Williams - TxDOT
Minutes
Regular Session
A. Call to Order: Mr. Crawford called the regular GTEC Board meeting to order on Wednesday,
October 19, 2016 at 3:30 PM
The Board may, at any time, recess the Regular Session to convene in Executive Session at the
President, A Board Member, The City Manager, Assistant City Manager, General Manager of
Utilities, City Council Member, and/or legal counsel for any purpose authorized by the Open
Meetings Act, Texas Government Code Chapter 551, and are subject to action in the Regular
Session that follows.
B. Introduction of Visitors
C. Industry/CAMPO/TXDOT Updates: TxDOT has been working on a Hwy 29 schematic from
Southwestern Blvd over to Hwy 95. There will be a public meeting to review the alternatives on
November 10, 2016 in the cafeteria of East View High School. At this time this is a design
project. There is no funding for construction at this time.
D. Project Reports October 2016
E. Presentation of Georgetown Transportation Enhancement Corporation monthly financial report
for September 2016. – Leigh Wallace, Finance Director, COG, Finance Manager, GTEC
F. Presentation on Economic Development - Michaela Dollar, Director of Economic Development
Presentation given by Dollar.
G. Williams Drive Diverging Diamond Video – Tom Crawford, GTEC President
Presentation given by Dustin Elliot of HNTB.
Page 72 of 75
Legislative Regular Agenda
H. Consideration and possible action to approve the minutes from the regular GTEC Board
meeting held August 17, 2016. – David Morgan, General Manager, GTEC Board
Motion by Warren second by Pondrom to approve the minutes as presented.
Approved 6-1(McGahey absent)
I. Consideration and possible action to approve the reimbursement request for $721,000 to
Novak Brothers, LLC for public roadway improvements in the Summit at Rivery
development. – Laurie Brewer. Assistant City Manager
Brewer gave a brief history of the project to the Board.
Jay Warren Left at 4:36 PM due to Conflict of Interest. Returned at 4:38 PM.
Motion by Wood second by Hesser to approve reimbursement of $721,000.00 to Novak
Brothers, LLC for the public roadway improvement at The Summit at Rivery
Development. Approved 6-1(McGahey absent)
J. Consideration and possible action on Task Order KPA 17-001 with Kasberg, Patrick, &
Associates, LP of Georgetown, Texas in the amount of $579,710.00 for professional Services
related to Airport Road Improvements. – Wesley Wright, P.E., Systems Engineering Director
Wright explained the task order to the board. There was lengthy discussion on development in
the area and should this be expanded to Berry Creek Dr. Motion by Warren second by
Pondrom to approve Task Order KPA 17-001 with Kasberg, Patrick, & Associates, LP of
Georgetown, Texas in the amount of $579,710.00 for professional Services related to Airport
Road Improvements. Approved 6-1 (McGahey absent)
Motion by Pondrom second by Hesser that items listed in “K” are Executive Session
items under Sec. 551.072 Deliberation Regarding Real Property. Approved 6-1
(McGahey absent)
K. EXECUTIVE SESSION – SEC 551.072 Deliberation Regarding Real Property
Rivery Blvd. Extension Project:
Parcel 12, 601 IH 35
Parcel 13, Janis Drive
Parcel 14, Northwest Blvd.
Parcels 17 & 18, 1523 & 1521 Northwest Blvd.
Parcel 22, IH 35 & Clay Street
Southwest Bypass Project:
Laubach, 4200 IH 35 South
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RETURN TO REGULAR SESSION 5:19 PM
L. Action from Executive Session
Motion by Pondrom second by Hesser to approve the purchase of real property from
Todd Ln., LLC (Parcel 18), plus closing costs in connection with the Rivery Blvd
Extension Project on the term discussed in Executive Session. Approved 6-1(McGahey
absent)
Motion by Pondrom second by Hesser to approve the appraised value of real property
to be acquired from the W. D. Kelley Foundation, Dale Illig, Custodian for Elizabeth F.
Illig, Patricia A. Katt and CPI Investments, Ltd. (Parcel 14) in connection with the
Rivery Blvd Extension Project and the extension of a revised offer for the purchase of
said property on the terms discussed in Executive Session. Approved 6-1(McGahey
absent)
Adjournment
Motion by Wood second by Warren to adjourn meeting. Approved 6-1(McGahey
absent). Meeting adjourned at 5:22 PM
Adjournment
The meeting was adjourned at PM.
Approved: Attest:
_______________________ ________________________
Tom Crawford - President Joe Pondrom – Secretary
_________________________
Jana R. Kern – Board Liaison
Page 74 of 75
City of Georgetown, Texas
Transportation Enhancement Corp
December 14, 2016
SUBJECT:
Executive Ses s ion S EC: 551.087 - Ec o nomic Develo p ment Negotiations
Update o n Projec t Cat - Michaela Dollar
ITEM SUMMARY:
FINANCIAL IMPACT:
n/a
SUBMITTED BY:
Michaela Dollar - jk
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