CONDEMNATION SUPPORT SERVICES. (Pre-Hearing Support) 1.6.1. Acquisition Provider shall prepare the final offer letter, and mail the documents of conveyance by CMRRR. 1.6.2. Acquisition Provider shall, upon receipt of a copy of the final offer, request an updated title commitment for Eminent Domain from the Title Company. 1.6.3. Acquisition Provider shall prepare, if applicable, Bisection, Drainage Easement, Access Easement, and Temporary Construction Easement clauses for the original set of Legal Descriptions supplied by the Department. 1.6.4. Acquisition Provider shall use the information from the Title Commitment and other sources to join all interested parties on Department Form ROW-E-49. Spouses of owners must be joined. 1.6.5. Upon completion of the Department Form ROW-E-49 by the Acquisition Provider, the Acquisition Provider shall prepare a packet containing all documents listed in the e-sub-checklist. Submit packet to the District ROW Office for submission to the ROW Division. 1.6.6. The Attorney General’s Office will file petition and related documents. Prior to filing the petition, the Attorney General’s Office will coordinate with the Acquisition Provider. The Acquisition Provider is then responsible to file the Lis Pendens within the legal timeline. 1.6.7. Acquisition Provider will record the Lis Pendens upon receipt of the cause number with the County Clerk’s Office. 1.6.8. Acquisition Provider will send a copy of the filed Lis Pendens and the petition via CMRRR to all named parties within three days of the filing of the Lis Pendens. 1.6.9. Acquisition Provider will send a copy of the condemnation petition to the Title Company and request an updated title commitment. The Title Company shall confirm the appropriate parties were named in the petition and that no changes in title have occurred. 1.6.10. Following appointment of Commissioners by the judge, the Acquisition Provider shall send via CMRRR the document appointing the commissioners to the named defendants or their attorneys if represented, as well as to the AG and the District ROW Office. The Acquisition Provider shall secure the following documents: Oath of Commissioners signed by the Commissioners, Order Setting Hearing, 2 copies of the Notice of Hearing signed by the Commissioners. DocuSign Envelope ID: 3A8E7853-4422-4965-9815-8E1C40B1F7AE 1.6.11. If e-filing is not required: File all originals with the court and send copies marked “copy” to the District ROW Office and the Assistant Attorney General within three days after filing. 1.6.12. Acquisition Provider shall set the date and time for the Special Commissioners Hearing. If there is an increase in value to the appraisal, the Acquisition Provider will send a copy of the updated appraisal along with form ROW-N-Post Petition letter to the appropriate parties by CMRRR. 1.6.13. Acquisition Provider shall coordinate with the ROW Staff and court personnel to reserve a court. 1.6.14. Acquisition Provider shall coordinate the hearing date with the Assistant Attorney General, Appraiser, Engineer, appropriate State witnesses, three (3) Commissioners, and a court reporter. 1.6.15. Acquisition Provider shall coordinate a Pre-Hearing conference prior to the hearing (the day before or earlier) to discuss facts of the case with the Assistant Attorney General, Appraiser, ROW Staff, Engineer, and appropriate State witnesses. 1.6.16. After the Hearing is set, the Acquisition Provider shall serve Notices of Hearing to the indicated parties in accordance with the methods and time frames set out in Chapter 21 of the Texas Property Code, but in no instance less than twenty (20) days prior to the Special Commissioners Hearing. If it is necessary to join a federal agency, be advised that they have an additional sixty (60) days after service of the Hearing to prepare. The scheduling of the Hearing must allow for any additional time frame required by law. 1.6.17. Once the notices have been served, if e-filing is not required, file the original notices with the court and send copies stamped “copy” to the District ROW Office and Assistant Attorney General. 1.6.17.1. If e-filing is required, the Acquisition Provider shall send served notices to the AAG for e-filing. 1.6.18. Acquisition Provider shall send a reminder letter CMRRR 2-3 weeks in advance to the Assistant Attorney General, appraiser, three (3) commissioners, court reporter, and the District ROW Office concerning Hearing dates.
Appears in 1 contract
CONDEMNATION SUPPORT SERVICES. (Pre-Hearing Support)
1.6.1. The Acquisition Provider shall prepare ensure that all condemnation support services performed for a work authorization executed under this contract meet the final offer letter, and mail the documents of conveyance by CMRRR.following criteria:
1.6.2. Acquisition Provider shall, upon receipt of a copy of the final offer, request an updated title commitment for Eminent Domain from the Title Company.
1.6.3. Acquisition Provider shall prepare, if applicable, Bisection, Drainage Easement, Access Easement, and Temporary Construction Easement clauses for the original set of Legal Descriptions supplied by the Department.
1.6.4. Acquisition Provider shall use the information from the Title Commitment and other sources to join all interested parties on Department Form ROW-E-49. Spouses of owners must be joined.
1.6.5. Upon completion of the Department Form ROW-E-49 by the Acquisition Provider, the Acquisition Provider shall prepare a packet containing all documents listed in the e-sub-checklist. Submit packet to the District ROW Office for submission to the ROW Division.
1.6.6. 9.1 The Attorney General’s (“AG”) Office will file petition and related documents. Prior to filing the petition, the Attorney GeneralAG’s Office will coordinate with the Acquisition Provider. The Acquisition Provider is then responsible to file for filing the Lis Pendens within the legal timeline.
1.6.7. 9.2 The Acquisition Provider will record the Lis Pendens upon receipt of the cause number with the County Clerk’s Office.
1.6.8. 9.3 The Acquisition Provider will send a copy of the filed Lis Pendens and the petition via CMRRR to all named parties within three days of the filing of the Lis Pendens.
1.6.9. 9.4 The Acquisition Provider will send a copy of the condemnation petition to the Title Company and request an updated title commitment. The Title Company shall confirm the appropriate parties were named in the petition and that no changes in title have occurred.
1.6.10. 9.5 Following appointment of Commissioners by the judge, the Acquisition Provider shall send via CMRRR the document appointing the commissioners Commissioners to the named defendants or their attorneys if represented, as well as to the AG and the District ROW Office. The Acquisition Provider shall secure the following documents: Oath of Commissioners signed by the Commissioners, Order Setting Hearing, 2 copies of the Notice of Hearing signed by the Commissioners. DocuSign Envelope ID: 3A8E7853-4422-4965-9815-8E1C40B1F7AEThe Acquisition Provider shall send notification of these completed tasks to the AG and the local ROW office may be sent via CMRRR or email.
1.6.11. 9.6 If e-filing is not required: File all originals with the court and send copies marked “copy” to the District local ROW Office office and the Assistant Attorney General within three (3) days after filing.. DocuSign Envelope ID: C97A4B85-4FCC-46EC-BA32-C8187C67D4E3
1.6.12. 9.7 The Acquisition Provider shall set coordinate the date and time for the Special Commissioners Commissioners’ Hearing. If there is an increase in value to the appraisal, the Acquisition Provider will send a copy of the updated appraisal along with form ROW-N-Post Petition letter to the appropriate parties by CMRRR.
1.6.13. 9.8 The Acquisition Provider shall coordinate with the local ROW Staff and court personnel office to reserve a courtlocation for hearings.
1.6.14. 9.9 The Acquisition Provider shall coordinate the hearing date with the Assistant Attorney General, Appraiser, Engineer, appropriate State witnesses, three (3) Commissioners, and a court reporter. Reasonable effort should be made to accommodate the property owner and their representatives.
1.6.15. 9.10 The Acquisition Provider shall coordinate a Pre-Hearing conference prior to the hearing (the day before or earlier) to discuss facts of the case with the Assistant Attorney General, Appraiser, the local ROW Staffoffice, Engineer, and appropriate State witnesses.
1.6.16. 9.11 After the Hearing is set, the Acquisition Provider shall serve Notices of Hearing to the indicated parties in accordance with the methods and time frames set out in Chapter 21 of the Texas Property Code, but in no instance less than twenty (20) 20 days prior to the Special Commissioners Commissioners’ Hearing. If it is necessary to join a federal agency, be advised that they have an additional sixty (60) 60 days after service of the Hearing to prepare. The scheduling of the Hearing must allow for any additional time frame required by law.
1.6.17. 9.12 Once the notices have been served, if e-filing is not required, file the original notices with the court and send copies stamped “copy” to the District local ROW Office office and Assistant Attorney GeneralAG.
1.6.17.1. 9.12.1 If e-filing is required, the Acquisition Provider shall send served notices to the AAG AG for e-filing.
1.6.18. 9.13 The Acquisition Provider shall send a reminder letter reminder, via CMRRR or email, 2-3 weeks in advance to the Assistant Attorney GeneralAG, appraiser, three (3) commissionersCommissioners, court reporter, and the District local ROW Office office concerning Hearing dates.
9.14 The Acquisition Provider shall prepare Form ROW-E-73 and commissioner’s time sheets and submit to the local ROW office within two (2) business days of the award being signed.
9.14.1 If required, the Acquisition Provider shall file timesheets with the award. The Judge determines the amount paid to the Commissioners.
9.14.2 The Acquisition Provider shall complete AP-152 Forms for all Commissioners and court reporters.
9.15 If e-filing is not required, the Acquisition Provider shall obtain the signatures of Commissioners on four (4) duplicate originals of the Award of Commissioners and file one (1) with the court for the judge’s signature within 48 hours of the Hearing. The Acquisition Provider shall have court clerk file-xxxx the four (4) duplicate originals and retain three (3). DocuSign Envelope ID: C97A4B85-4FCC-46EC-BA32-C8187C67D4E3
9.16 Obtain and distribute three (3) signed and file-marked copies of the Award as follows:
9.16.1 One (1) file-marked copy to the Title Company with a request for a commitment.
9.16.2 One (1) file-marked copy to the Attorney General.
9.16.3 One (1) file-marked copy (or certified copy) to the local ROW office with the previously obtained Commitment to request submission for each commissioner’s fee.
9.17 The Acquisition Provider shall send the Commitment and the file-marked award to the local ROW office which will then prepare the payment submission for each commissioner’s fee.
9.18 The Acquisition Provider shall deposit state warrant in the registry of the court. The Acquisition Provider shall file a Notice of Deposit with the court and send certified copies to each defendant notifying them of the Date of the Deposit.
Appears in 1 contract
Samples: Professional Services Contract
CONDEMNATION SUPPORT SERVICES. (Pre-Hearing Support)
1.6.1. The Acquisition Provider shall prepare ensure that all condemnation support services performed for a work authorization executed under this contract meet the final offer letter, and mail the documents of conveyance by CMRRR.following criteria:
1.6.2. Acquisition Provider shall, upon receipt of a copy of the final offer, request an updated title commitment for Eminent Domain from the Title Company.
1.6.3. Acquisition Provider shall prepare, if applicable, Bisection, Drainage Easement, Access Easement, and Temporary Construction Easement clauses for the original set of Legal Descriptions supplied by the Department.
1.6.4. Acquisition Provider shall use the information from the Title Commitment and other sources to join all interested parties on Department Form ROW-E-49. Spouses of owners must be joined.
1.6.5. Upon completion of the Department Form ROW-E-49 by the Acquisition Provider, the Acquisition Provider shall prepare a packet containing all documents listed in the e-sub-checklist. Submit packet to the District ROW Office for submission to the ROW Division.
1.6.6. 9.1 The Attorney General’s (“AG”) Office will file petition and related documents. Prior to filing the petition, the Attorney GeneralAG’s Office will coordinate with the Acquisition Provider. The Acquisition Provider is then responsible to file for filing the Lis Pendens within the legal timeline.
1.6.7. 9.2 The Acquisition Provider will record the Lis Pendens upon receipt of the cause number with the County Clerk’s Office.
1.6.8. 9.3 The Acquisition Provider will send a copy of the filed Lis Pendens and the petition via CMRRR to all named parties within three days of the filing of the Lis Pendens.
1.6.9. 9.4 The Acquisition Provider will send a copy of the condemnation petition to the Title Company and request an updated title commitment. The Title Company shall confirm the appropriate parties were named in the petition and that no changes in title have occurred.
1.6.10. 9.5 Following appointment of Commissioners by the judge, the Acquisition Provider shall send via CMRRR the document appointing the commissioners Commissioners to the named defendants or their attorneys if represented, as well as to the AG and the District ROW Office. The Acquisition Provider shall secure the following documents: Oath of Commissioners signed by the Commissioners, Order Setting Hearing, 2 copies of the Notice of Hearing signed by the Commissioners. DocuSign Envelope ID: 3A8E7853-4422-4965-9815-8E1C40B1F7AEThe Acquisition Provider shall send notification of these completed tasks to the AG and the local ROW office may be sent via CMRRR or email.
1.6.11. 9.6 If e-filing is not required: File all originals with the court and send copies marked “copy” to the District local ROW Office office and the Assistant Attorney General within three (3) days after filing.. DocuSign Envelope ID: F0C2AD30-8EF7-490B-86E4-4CBCB522D8F8
1.6.12. 9.7 The Acquisition Provider shall set coordinate the date and time for the Special Commissioners Commissioners’ Hearing. If there is an increase in value to the appraisal, the Acquisition Provider will send a copy of the updated appraisal along with form ROW-N-Post Petition letter to the appropriate parties by CMRRR.
1.6.13. 9.8 The Acquisition Provider shall coordinate with the local ROW Staff and court personnel office to reserve a courtlocation for hearings.
1.6.14. 9.9 The Acquisition Provider shall coordinate the hearing date with the Assistant Attorney General, Appraiser, Engineer, appropriate State witnesses, three (3) Commissioners, and a court reporter. Reasonable effort should be made to accommodate the property owner and their representatives.
1.6.15. 9.10 The Acquisition Provider shall coordinate a Pre-Hearing conference prior to the hearing (the day before or earlier) to discuss facts of the case with the Assistant Attorney General, Appraiser, the local ROW Staffoffice, Engineer, and appropriate State witnesses.
1.6.16. 9.11 After the Hearing is set, the Acquisition Provider shall serve Notices of Hearing to the indicated parties in accordance with the methods and time frames set out in Chapter 21 of the Texas Property Code, but in no instance less than twenty (20) 20 days prior to the Special Commissioners Commissioners’ Hearing. If it is necessary to join a federal agency, be advised that they have an additional sixty (60) 60 days after service of the Hearing to prepare. The scheduling of the Hearing must allow for any additional time frame required by law.
1.6.17. 9.12 Once the notices have been served, if e-filing is not required, file the original notices with the court and send copies stamped “copy” to the District local ROW Office office and Assistant Attorney GeneralAG.
1.6.17.1. 9.12.1 If e-filing is required, the Acquisition Provider shall send served notices to the AAG AG for e-filing.
1.6.18. 9.13 The Acquisition Provider shall send a reminder letter reminder, via CMRRR or email, 2-3 weeks in advance to the Assistant Attorney GeneralAG, appraiser, three (3) commissionersCommissioners, court reporter, and the District local ROW Office office concerning Hearing dates.
9.14 The Acquisition Provider shall prepare Form ROW-E-73 and commissioner’s time sheets and submit to the local ROW office within two (2) business days of the award being signed.
9.14.1 If required, the Acquisition Provider shall file timesheets with the award. The Judge determines the amount paid to the Commissioners.
9.14.2 The Acquisition Provider shall complete AP-152 Forms for all Commissioners and court reporters.
9.15 If e-filing is not required, the Acquisition Provider shall obtain the signatures of Commissioners on four (4) duplicate originals of the Award of Commissioners and file one (1) with the court for the judge’s signature within 48 hours of the Hearing. The Acquisition Provider shall have court clerk file-xxxx the four (4) duplicate originals and retain three (3). DocuSign Envelope ID: F0C2AD30-8EF7-490B-86E4-4CBCB522D8F8
9.16 Obtain and distribute three (3) signed and file-marked copies of the Award as follows:
9.16.1 One (1) file-marked copy to the Title Company with a request for a commitment.
9.16.2 One (1) file-marked copy to the Attorney General.
9.16.3 One (1) file-marked copy (or certified copy) to the local ROW office with the previously obtained Commitment to request submission for each commissioner’s fee.
9.17 The Acquisition Provider shall send the Commitment and the file-marked award to the local ROW office which will then prepare the payment submission for each commissioner’s fee.
9.18 The Acquisition Provider shall deposit state warrant in the registry of the court. The Acquisition Provider shall file a Notice of Deposit with the court and send certified copies to each defendant notifying them of the Date of the Deposit.
Appears in 1 contract
Samples: Professional Services Contract
CONDEMNATION SUPPORT SERVICES. (Pre-Hearing Support)
1.6.1. The Acquisition Provider shall prepare ensure that all condemnation support services performed for a work authorization executed under this contract meet the final offer letter, and mail the documents of conveyance by CMRRR.following criteria:
1.6.2. Acquisition Provider shall, upon receipt of a copy of the final offer, request an updated title commitment for Eminent Domain from the Title Company.
1.6.3. Acquisition Provider shall prepare, if applicable, Bisection, Drainage Easement, Access Easement, and Temporary Construction Easement clauses for the original set of Legal Descriptions supplied by the Department.
1.6.4. Acquisition Provider shall use the information from the Title Commitment and other sources to join all interested parties on Department Form ROW-E-49. Spouses of owners must be joined.
1.6.5. Upon completion of the Department Form ROW-E-49 by the Acquisition Provider, the Acquisition Provider shall prepare a packet containing all documents listed in the e-sub-checklist. Submit packet to the District ROW Office for submission to the ROW Division.
1.6.6. 9.1 The Attorney General’s (“AG”) Office will file petition and related documents. Prior to filing the petition, the Attorney GeneralAG’s Office will coordinate with the Acquisition Provider. The Acquisition Provider is then responsible to file for filing the Lis Pendens within the legal timeline.
1.6.7. 9.2 The Acquisition Provider will record the Lis Pendens upon receipt of the cause number with the County Clerk’s Office.
1.6.8. 9.3 The Acquisition Provider will send a copy of the filed Lis Pendens and the petition via CMRRR to all named parties within three days of the filing of the Lis Pendens.
1.6.9. 9.4 The Acquisition Provider will send a copy of the condemnation petition to the Title Company and request an updated title commitment. The Title Company shall confirm the appropriate parties were named in the petition and that no changes in title have occurred.
1.6.10. 9.5 Following appointment of Commissioners by the judge, the Acquisition Provider shall send via CMRRR the document appointing the commissioners Commissioners to the named defendants or their attorneys if represented, as well as to the AG and the District ROW Office. The Acquisition Provider shall secure the following documents: Oath of Commissioners signed by the Commissioners, Order Setting Hearing, 2 copies of the Notice of Hearing signed by the Commissioners. DocuSign Envelope ID: 3A8E7853-4422-4965-9815-8E1C40B1F7AEThe Acquisition Provider shall send notification of these completed tasks to the AG and the local ROW office may be sent via CMRRR or email.
1.6.11. 9.6 If e-filing is not required: File all originals with the court and send copies marked “copy” to the District local ROW Office office and the Assistant Attorney General within three (3) days after filing.. DocuSign Envelope ID: CE1F86E9-F0AF-45B3-A7BF-14A0573CEE44
1.6.12. 9.7 The Acquisition Provider shall set coordinate the date and time for the Special Commissioners Commissioners’ Hearing. If there is an increase in value to the appraisal, the Acquisition Provider will send a copy of the updated appraisal along with form ROW-N-Post Petition letter to the appropriate parties by CMRRR.
1.6.13. 9.8 The Acquisition Provider shall coordinate with the local ROW Staff and court personnel office to reserve a courtlocation for hearings.
1.6.14. 9.9 The Acquisition Provider shall coordinate the hearing date with the Assistant Attorney General, Appraiser, Engineer, appropriate State witnesses, three (3) Commissioners, and a court reporter. Reasonable effort should be made to accommodate the property owner and their representatives.
1.6.15. 9.10 The Acquisition Provider shall coordinate a Pre-Hearing conference prior to the hearing (the day before or earlier) to discuss facts of the case with the Assistant Attorney General, Appraiser, the local ROW Staffoffice, Engineer, and appropriate State witnesses.
1.6.16. 9.11 After the Hearing is set, the Acquisition Provider shall serve Notices of Hearing to the indicated parties in accordance with the methods and time frames set out in Chapter 21 of the Texas Property Code, but in no instance less than twenty (20) 20 days prior to the Special Commissioners Commissioners’ Hearing. If it is necessary to join a federal agency, be advised that they have an additional sixty (60) 60 days after service of the Hearing to prepare. The scheduling of the Hearing must allow for any additional time frame required by law.
1.6.17. 9.12 Once the notices have been served, if e-filing is not required, file the original notices with the court and send copies stamped “copy” to the District local ROW Office office and Assistant Attorney GeneralAG.
1.6.17.1. 9.12.1 If e-filing is required, the Acquisition Provider shall send served notices to the AAG AG for e-filing.
1.6.18. 9.13 The Acquisition Provider shall send a reminder letter reminder, via CMRRR or email, 2-3 weeks in advance to the Assistant Attorney GeneralAG, appraiser, three (3) commissionersCommissioners, court reporter, and the District local ROW Office office concerning Hearing dates.
9.14 The Acquisition Provider shall prepare Form ROW-E-73 and commissioner’s time sheets and submit to the local ROW office within two (2) business days of the award being signed.
9.14.1 If required, the Acquisition Provider shall file timesheets with the award. The Judge determines the amount paid to the Commissioners.
9.14.2 The Acquisition Provider shall complete AP-152 Forms for all Commissioners and court reporters.
9.15 If e-filing is not required, the Acquisition Provider shall obtain the signatures of Commissioners on four (4) duplicate originals of the Award of Commissioners and file one (1) with the court for the judge’s signature within 48 hours of the Hearing. The Acquisition Provider shall have court clerk file-xxxx the four (4) duplicate originals and retain three (3). DocuSign Envelope ID: CE1F86E9-F0AF-45B3-A7BF-14A0573CEE44
9.16 Obtain and distribute three (3) signed and file-marked copies of the Award as follows:
9.16.1 One (1) file-marked copy to the Title Company with a request for a commitment.
9.16.2 One (1) file-marked copy to the Attorney General.
9.16.3 One (1) file-marked copy (or certified copy) to the local ROW office with the previously obtained Commitment to request submission for each commissioner’s fee.
9.17 The Acquisition Provider shall send the Commitment and the file-marked award to the local ROW office which will then prepare the payment submission for each commissioner’s fee.
9.18 The Acquisition Provider shall deposit state warrant in the registry of the court. The Acquisition Provider shall file a Notice of Deposit with the court and send certified copies to each defendant notifying them of the Date of the Deposit.
Appears in 1 contract
Samples: Professional Services Contract
CONDEMNATION SUPPORT SERVICES. (Pre-Hearing Support)
1.6.1. The Acquisition Provider shall prepare ensure that all condemnation support services performed for a work authorization executed under this contract meet the final offer letter, and mail the documents of conveyance by CMRRR.following criteria:
1.6.2. Acquisition Provider shall, upon receipt of a copy of the final offer, request an updated title commitment for Eminent Domain from the Title Company.
1.6.3. Acquisition Provider shall prepare, if applicable, Bisection, Drainage Easement, Access Easement, and Temporary Construction Easement clauses for the original set of Legal Descriptions supplied by the Department.
1.6.4. Acquisition Provider shall use the information from the Title Commitment and other sources to join all interested parties on Department Form ROW-E-49. Spouses of owners must be joined.
1.6.5. Upon completion of the Department Form ROW-E-49 by the Acquisition Provider, the Acquisition Provider shall prepare a packet containing all documents listed in the e-sub-checklist. Submit packet to the District ROW Office for submission to the ROW Division.
1.6.6. 9.1 The Attorney General’s (“AG”) Office will file petition and related documents. Prior to filing the petition, the Attorney GeneralAG’s Office will coordinate with the Acquisition Provider. The Acquisition Provider is then responsible to file for filing the Lis Pendens within the legal timeline.
1.6.7. 9.2 The Acquisition Provider will record the Lis Pendens upon receipt of the cause number with the County Clerk’s Office.
1.6.8. 9.3 The Acquisition Provider will send a copy of the filed Lis Pendens and the petition via CMRRR to all named parties within three days of the filing of the Lis Pendens.
1.6.9. 9.4 The Acquisition Provider will send a copy of the condemnation petition to the Title Company and request an updated title commitment. The Title Company shall confirm the appropriate parties were named in the petition and that no changes in title have occurred.
1.6.10. 9.5 Following appointment of Commissioners by the judge, the Acquisition Provider shall send via CMRRR the document appointing the commissioners Commissioners to the named defendants or their attorneys if represented, as well as to the AG and the District ROW Office. The Acquisition Provider shall secure the following documents: Oath of Commissioners signed by the Commissioners, Order Setting Hearing, 2 copies of the Notice of Hearing signed by the Commissioners. DocuSign Envelope ID: 3A8E7853-4422-4965-9815-8E1C40B1F7AEThe Acquisition Provider shall send notification of these completed tasks to the AG and the local ROW office may be sent via CMRRR or email.
1.6.11. 9.6 If e-filing is not required: File all originals with the court and send copies marked “copy” to the District local ROW Office office and the Assistant Attorney General within three (3) days after filing.. DocuSign Envelope ID: EA053E5F-93DA-4B62-848B-E41A38CD571F
1.6.12. 9.7 The Acquisition Provider shall set coordinate the date and time for the Special Commissioners Commissioners’ Hearing. If there is an increase in value to the appraisal, the Acquisition Provider will send a copy of the updated appraisal along with form ROW-N-Post Petition letter to the appropriate parties by CMRRR.
1.6.13. 9.8 The Acquisition Provider shall coordinate with the local ROW Staff and court personnel office to reserve a courtlocation for hearings.
1.6.14. 9.9 The Acquisition Provider shall coordinate the hearing date with the Assistant Attorney General, Appraiser, Engineer, appropriate State witnesses, three (3) Commissioners, and a court reporter. Reasonable effort should be made to accommodate the property owner and their representatives.
1.6.15. 9.10 The Acquisition Provider shall coordinate a Pre-Hearing conference prior to the hearing (the day before or earlier) to discuss facts of the case with the Assistant Attorney General, Appraiser, the local ROW Staffoffice, Engineer, and appropriate State witnesses.
1.6.16. 9.11 After the Hearing is set, the Acquisition Provider shall serve Notices of Hearing to the indicated parties in accordance with the methods and time frames set out in Chapter 21 of the Texas Property Code, but in no instance less than twenty (20) 20 days prior to the Special Commissioners Commissioners’ Hearing. If it is necessary to join a federal agency, be advised that they have an additional sixty (60) 60 days after service of the Hearing to prepare. The scheduling of the Hearing must allow for any additional time frame required by law.
1.6.17. 9.12 Once the notices have been served, if e-filing is not required, file the original notices with the court and send copies stamped “copy” to the District local ROW Office office and Assistant Attorney GeneralAG.
1.6.17.1. 9.12.1 If e-filing is required, the Acquisition Provider shall send served notices to the AAG AG for e-filing.
1.6.18. 9.13 The Acquisition Provider shall send a reminder letter reminder, via CMRRR or email, 2-3 weeks in advance to the Assistant Attorney GeneralAG, appraiser, three (3) commissionersCommissioners, court reporter, and the District local ROW Office office concerning Hearing dates.
9.14 The Acquisition Provider shall prepare Form ROW-E-73 and commissioner’s time sheets and submit to the local ROW office within two (2) business days of the award being signed.
9.14.1 If required, the Acquisition Provider shall file timesheets with the award. The Judge determines the amount paid to the Commissioners.
9.14.2 The Acquisition Provider shall complete AP-152 Forms for all Commissioners and court reporters.
9.15 If e-filing is not required, the Acquisition Provider shall obtain the signatures of Commissioners on four (4) duplicate originals of the Award of Commissioners and file one (1) with the court for the judge’s signature within 48 hours of the Hearing. The Acquisition Provider shall have court clerk file-xxxx the four (4) duplicate originals and retain three (3). DocuSign Envelope ID: EA053E5F-93DA-4B62-848B-E41A38CD571F
9.16 Obtain and distribute three (3) signed and file-marked copies of the Award as follows:
9.16.1 One (1) file-marked copy to the Title Company with a request for a commitment.
9.16.2 One (1) file-marked copy to the Attorney General.
9.16.3 One (1) file-marked copy (or certified copy) to the local ROW office with the previously obtained Commitment to request submission for each commissioner’s fee.
9.17 The Acquisition Provider shall send the Commitment and the file-marked award to the local ROW office which will then prepare the payment submission for each commissioner’s fee.
9.18 The Acquisition Provider shall deposit state warrant in the registry of the court. The Acquisition Provider shall file a Notice of Deposit with the court and send certified copies to each defendant notifying them of the Date of the Deposit.
Appears in 1 contract
Samples: Professional Services Contract
CONDEMNATION SUPPORT SERVICES. (Pre-Hearing Support)
1.6.1. Acquisition Provider shall prepare the final offer letter, and mail the documents of conveyance by CMRRR.
1.6.2. Acquisition Provider shall, upon receipt of a copy 6.1 The Office of the final offer, request an updated title commitment for Eminent Domain from Attorney General (“OAG”) files the Title Company.
1.6.3. Acquisition Provider shall prepare, if applicable, Bisection, Drainage Easement, Access Easement, and Temporary Construction Easement clauses for the original set of Legal Descriptions supplied by the Department.
1.6.4. Acquisition Provider shall use the information from the Title Commitment and other sources to join all interested parties on Department Form ROW-E-49. Spouses of owners must be joined.
1.6.5. Upon completion of the Department Form ROW-E-49 by the Acquisition Provider, the Acquisition Provider shall prepare a packet containing all documents listed in the e-sub-checklist. Submit packet to the District ROW Office for submission to the ROW Division.
1.6.6. The Attorney General’s Office will file petition and related documents. Prior to filing the petition, the Attorney General’s Office will coordinate OAG coordinates with the Acquisition Provider. The Acquisition Provider is then responsible to file the Lis Pendens lis pendens within the legal timeline.
1.6.7. 6.2 Acquisition Provider will shall record the Lis Pendens lis pendens upon receipt of the cause number with the County Clerkcounty clerk’s Officeoffice.
1.6.8. 6.3 Acquisition Provider will shall send a copy of the filed Lis Pendens lis pendens and the petition via CMRRR to all named parties within three days of the filing of the Lis Pendenslis pendens.
1.6.9. 6.4 Acquisition Provider will shall send a copy of the condemnation petition to the Title Company title company and request an updated title commitmentTitle Commitment. The Title Company shall title company must confirm the appropriate parties were named in the petition and that no changes in title have occurred.
1.6.10. 6.5 Following appointment of Special Commissioners (“Commissioners”) by the judge, the Acquisition Provider shall send via CMRRR the document appointing the commissioners Commissioners to the named defendants or their attorneys if represented, as well as to the AG and the District ROW Office. The Acquisition Provider shall secure the following documents: :
6.5.1 Oath of Commissioners signed by the Commissioners, ;
6.5.2 Order Setting the Hearing, 2 ; and
6.5.3 Two copies of the Notice of Hearing signed by the Commissioners. DocuSign Envelope IDNOTE: 3A8E7853-4422-4965-9815-8E1C40B1F7AENotification to the Assistant Attorney General within the OAG and the local ROW PD office may be sent via CMRRR or email.
1.6.11. 6.6 If e-filing is not required: File Acquisition Provider shall file all originals with the court and send copies marked “copy” to the District local ROW Office PD office and the Assistant Attorney General within three days after filing.
1.6.12. 6.7 The Acquisition Provider shall set coordinate the date and time for the Special Commissioners Hearing. If there is an increase in value to the appraisal, the Acquisition Provider will shall send a copy of the updated appraisal along with form ROWthe post-N-Post Petition petition letter to the appropriate parties by CMRRR.
1.6.13. 6.8 Acquisition Provider shall coordinate with the local ROW Staff and court personnel PD office to reserve a courtlocation for Hearings.
1.6.14. 6.9 Acquisition Provider shall coordinate the hearing Hearing date with the Assistant Attorney General, Appraiser, Engineer, appropriate State witnesses, three (3) Commissioners, and a court reporter. Reasonable effort must be made to accommodate the property owner and their representatives.
1.6.15. 6.10 Acquisition Provider shall coordinate a Prepre-Hearing hearing conference prior to the hearing Hearing (the day before or earlier) to discuss facts of the case with the Assistant Attorney General, Appraiser, local ROW StaffPD office, Engineer, and appropriate State witnesses.
1.6.16. 6.11 After the Hearing is set, the Acquisition Provider shall serve Notices of Hearing to the indicated parties in accordance with the methods and time frames set out in Chapter 21 of the Texas Property Code, Code but in no instance less than twenty (20) days prior to the Special Commissioners Hearing. If it is necessary to join a federal agency, be advised that they have an additional sixty (60) days after service of the Hearing to prepare. The scheduling of the Hearing must allow for any additional time or any other additional time frame required by law.
1.6.17. 6.12 Once the notices have been served, if e-filing is not required, file the original notices with the court and send copies stamped marked “copy” to the District local ROW Office PD office and Assistant Attorney General.
1.6.17.1. If e-filing is required, the Acquisition Provider shall send served notices to the AAG for e-filing.
1.6.18. Acquisition Provider shall send a reminder letter CMRRR 2-3 weeks in advance to the Assistant Attorney General, appraiser, three (3) commissioners, court reporter, and the District ROW Office concerning Hearing dates.
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CONDEMNATION SUPPORT SERVICES. (Pre-Hearing Support)
1.6.1. The Acquisition Provider shall prepare ensure that all condemnation support services performed for a work authorization executed under this contract meet the final offer letter, and mail the documents of conveyance by CMRRR.following criteria:
1.6.2. Acquisition Provider shall, upon receipt of a copy of the final offer, request an updated title commitment for Eminent Domain from the Title Company.
1.6.3. Acquisition Provider shall prepare, if applicable, Bisection, Drainage Easement, Access Easement, and Temporary Construction Easement clauses for the original set of Legal Descriptions supplied by the Department.
1.6.4. Acquisition Provider shall use the information from the Title Commitment and other sources to join all interested parties on Department Form ROW-E-49. Spouses of owners must be joined.
1.6.5. Upon completion of the Department Form ROW-E-49 by the Acquisition Provider, the Acquisition Provider shall prepare a packet containing all documents listed in the e-sub-checklist. Submit packet to the District ROW Office for submission to the ROW Division.
1.6.6. 9.1 The Attorney General’s (“AG”) Office will file petition and related documents. Prior to filing the petition, the Attorney GeneralAG’s Office will coordinate with the Acquisition Provider. The Acquisition Provider is then responsible to file for filing the Lis Pendens within the legal timeline.
1.6.7. 9.2 The Acquisition Provider will record the Lis Pendens upon receipt of the cause number with the County Clerk’s Office.
1.6.8. 9.3 The Acquisition Provider will send a copy of the filed Lis Pendens and the petition via CMRRR to all named parties within three days of the filing of the Lis Pendens.
1.6.9. 9.4 The Acquisition Provider will send a copy of the condemnation petition to the Title Company and request an updated title commitment. The Title Company shall confirm the appropriate parties were named in the petition and that no changes in title have occurred.
1.6.10. 9.5 Following appointment of Commissioners by the judge, the Acquisition Provider shall send via CMRRR the document appointing the commissioners Commissioners to the named defendants or their attorneys if represented, as well as to the AG and the District ROW Office. The Acquisition Provider shall secure the following documents: Oath of Commissioners signed by the Commissioners, Order Setting Hearing, 2 copies of the Notice of Hearing signed by the Commissioners. DocuSign Envelope ID: 3A8E7853-4422-4965-9815-8E1C40B1F7AEThe Acquisition Provider shall send notification of these completed tasks to the AG and the local ROW office may be sent via CMRRR or email.
1.6.11. 9.6 If e-filing is not required: File all originals with the court and send copies marked “copy” to the District local ROW Office office and the Assistant Attorney General within three (3) days after filing.. DocuSign Envelope ID: 8CF9DA67-52B4-4244-BFA3-CF3F02CA6521
1.6.12. 9.7 The Acquisition Provider shall set coordinate the date and time for the Special Commissioners Commissioners’ Hearing. If there is an increase in value to the appraisal, the Acquisition Provider will send a copy of the updated appraisal along with form ROW-N-Post Petition letter to the appropriate parties by CMRRR.
1.6.13. 9.8 The Acquisition Provider shall coordinate with the local ROW Staff and court personnel office to reserve a courtlocation for hearings.
1.6.14. 9.9 The Acquisition Provider shall coordinate the hearing date with the Assistant Attorney General, Appraiser, Engineer, appropriate State witnesses, three (3) Commissioners, and a court reporter. Reasonable effort should be made to accommodate the property owner and their representatives.
1.6.15. 9.10 The Acquisition Provider shall coordinate a Pre-Hearing conference prior to the hearing (the day before or earlier) to discuss facts of the case with the Assistant Attorney General, Appraiser, the local ROW Staffoffice, Engineer, and appropriate State witnesses.
1.6.16. 9.11 After the Hearing is set, the Acquisition Provider shall serve Notices of Hearing to the indicated parties in accordance with the methods and time frames set out in Chapter 21 of the Texas Property Code, but in no instance less than twenty (20) 20 days prior to the Special Commissioners Commissioners’ Hearing. If it is necessary to join a federal agency, be advised that they have an additional sixty (60) 60 days after service of the Hearing to prepare. The scheduling of the Hearing must allow for any additional time frame required by law.
1.6.17. 9.12 Once the notices have been served, if e-filing is not required, file the original notices with the court and send copies stamped “copy” to the District local ROW Office office and Assistant Attorney GeneralAG.
1.6.17.1. 9.12.1 If e-filing is required, the Acquisition Provider shall send served notices to the AAG AG for e-filing.
1.6.18. 9.13 The Acquisition Provider shall send a reminder letter reminder, via CMRRR or email, 2-3 weeks in advance to the Assistant Attorney GeneralAG, appraiser, three (3) commissionersCommissioners, court reporter, and the District local ROW Office office concerning Hearing dates.
9.14 The Acquisition Provider shall prepare Form ROW-E-73 and commissioner’s time sheets and submit to the local ROW office within two (2) business days of the award being signed.
9.14.1 If required, the Acquisition Provider shall file timesheets with the award. The Judge determines the amount paid to the Commissioners.
9.14.2 The Acquisition Provider shall complete AP-152 Forms for all Commissioners and court reporters.
9.15 If e-filing is not required, the Acquisition Provider shall obtain the signatures of Commissioners on four (4) duplicate originals of the Award of Commissioners and file one (1) with the court for the judge’s signature within 48 hours of the Hearing. The Acquisition Provider shall have court clerk file-xxxx the four (4) duplicate originals and retain three (3). DocuSign Envelope ID: 8CF9DA67-52B4-4244-BFA3-CF3F02CA6521
9.16 Obtain and distribute three (3) signed and file-marked copies of the Award as follows:
9.16.1 One (1) file-marked copy to the Title Company with a request for a commitment.
9.16.2 One (1) file-marked copy to the Attorney General.
9.16.3 One (1) file-marked copy (or certified copy) to the local ROW office with the previously obtained Commitment to request submission for each commissioner’s fee.
9.17 The Acquisition Provider shall send the Commitment and the file-marked award to the local ROW office which will then prepare the payment submission for each commissioner’s fee.
9.18 The Acquisition Provider shall deposit state warrant in the registry of the court. The Acquisition Provider shall file a Notice of Deposit with the court and send certified copies to each defendant notifying them of the Date of the Deposit.
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Samples: Professional Services Contract