HomeMy WebLinkAbout02-00500224- 00075758 RESOLUTION DETERMINING NEED
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE EXCLUSIVE
PERMANENT PUBLIC UTILITY EASEMENTS IN CERTAIN PROPERTY AND
TEMPORARY CONSTRUCTION AND ACCESS EASEMENTS; GIVING NOTICE OF AN
OFFICIAL DETERMINATION TO ACQUIRE EXCLUSIVE PUBLIC UTILITY
EASEMENTS AND TEMPORARY CONSTRUCTION AND ACCESS EASEMENTS IN
PROPERTY FOR THE LIFT STATION NO. 1 GRAVITY SEWER LINE PROJECT; AND
ESTABLISHING PROCEDURES FOR THE ACQUISITION OF EXCLUSIVE PUBLIC
UTILITY EASEMENTS AND TEMPORARY CONSTRUCTION AND ACCESS
EASEMENTS IN THE PROPERTY.
WHEREAS, it is necessary to establish procedures for determining the establishment and
approval of just compensation for each of the parcels in which to acquire exclusive public utility
easements and temporary construction and access easements for wastewater lines, connecting
lines, access facilities, communication lines and related equipment for the Lift Station No. 1
Gravity Sewer Line Project; and
WHEREAS, there may be improvements located on some of the real property in which an
exclusive public utility easement is acquired for this Project, and such improvements may be
required to be moved or demolished prior to the beginning of the Project; now, therefore,
BE IT RESOLVED by the City Council of the City of College Station, Texas:
PART 1: That the City Council of the City of College Station, Texas, hereby officially
determines that there is a public necessity for the Lift Station No. 1 Gravity Sewer
Line Project, and the public welfare and convenience will be served by the acquisition
of exclusive public utility easements and construction and access easements in the
property referenced in Exhibit "A" attached hereto and made a part hereof for all
purposes as part of the Lift Station No. 1 Gravity Sewer Line Project, for the purpose
of improving wastewater operations.
PART 2: That the City Manager is hereby authorized to contract, on behalf of the City of
College Station, with a professional appraiser for the appraisal services, with a
professional real estate agent to act as a land agent for the City and with attorneys for
preparation of title opinions needed by the City from time to time in connection with
acquisition of exclusive public utility easements and construction and access
easements in property for the Lift Station No. 1 Gravity Sewer Line Project.
PART 3: That the City's Land Agent or other staff appraiser is hereby authorized and directed
to examine the independent appraisal reports as they are submitted to said City to
determine whether said appraisal reports are supported by sufficient data. Based
upon such examination of said appraisal reports, the Land Agent or other appraiser
shall make a recommendation to the City Manager as to the establishment and
approval of the amount of the just compensation for exclusive public utility
easements and construction and access easements in said parcels.
PART 4: After consideration of said recommendation, the City Manager shall establish and
approve the amount determined for acquisition of exclusive public utility easements
and construction and access easements in the parcels.
RESOLUTION NO. Page 2
PART 5: Upon establishment and approval by the City Manager of the amount of just
compensation for the acquisition of an exclusive public utility easement and/or
construction and access easement, the City's Land Agent is authorized to
communicate a written offer to the owners of said parcels for the acquisition of an
exclusive public utility easement and/or a construction and access easement in said
parcels at the full amount determined and established to be just compensation
therefore and to negotiate with said owners on behalf of the City.
PART 6: That the Mayor after approval by City Council is hereby authorized to execute all
documents necessary to acquire an exclusive public utility easement and/or
construction and access easement in each of the parcels needed for said Project, on
behalf of the City of College Station.
PART 7: That the City Manager be and is hereby authorized to sell any such surplus
improvements, or order the demolition thereof, if any, located on the real property
acquired in connection with this Project.
PART 8: That this resolution shall take effect immediately from and after its passage.
ADOPTED this day of , A.D. 2002.
ATTEST: APPROVED:
CONNIE HOOKS, City Secretary RON SILVIA, Mayor
APPROVED:
-E- Signed by Roxange Nemcik
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City Attorney