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Home My WebLink About2-28-08-2p - Resolution - 02/28/2008RESOLUTION DETERMINING NEED RESOLUTION NO. 2- 28 -08 -2p A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, RELATING TO: (1) THE AUTHORITY OF THE CITY TO INITIATE, COMPLETE, ACQUIRE AND PURCHASE, WITHOUT CONDEMNATION, FEE SIMPLE INTEREST IN CERTAIN PROPERTIES FOR THE NORTHGATE REDEVELOPMENT PROJECT; (2) A DECLARATION THAT PUBLIC NECESSITY EXISTS FOR THE CITY TO ACQUIRE SUCH INTEREST THROUGH PURCHASE; AND (3) ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SUCH INTEREST IN THE PROPERTIES WHEREAS, the City of College Station, Texas ( "City ") is a home rule municipality duly incorporated and chartered under the Constitution and laws of Texas; and WHEREAS, the construction of affordable housing and economic development in low and moderate - income neighborhoods is in accordance with the City of College Station 2005 — 2009 Consolidated Plan adopted pursuant to Chapter 373 of the TEXAS LOCAL GOVERNMENT CODE; and WHEREAS, the construction of affordable housing and economic development in low and moderate - income neighborhoods is a benefitt o the public; and WHEREAS, the City is engaged in the following project regarding development of affordable housing and economic development in the Northgate District at the northwest cornero f the intersection of Boyett and Cherry Streets, said project to include demolition of existing buildings and construction of a development consisting of affordable housing and other economic developmenta ctivities, (the "Project "); and WHEREAS, the City determines that the best interests and needs of the public, including the health, safety and welfareo f the public, require that the City construct the above described Project, through the City's acquisition by purchase, of fee simple interest in the properties as provided in Exhibit A, attached hereto and incorporated herein by reference for all purposes (the "Properties "); 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 Project, and the public welfare and convenience will bes erved by the acquisition of the Properties. 86 RESOLUTION NO. 2- 28 -08 -2p Page 2 PART 2: That the City Manager is hereby authorized to contract, on behalf of the Cityo f 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 the Properties. 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 the City to determine whether said appraisal reports are supported by sufficient data. Based upon such examination of said appraisalr eports, the Land Agent or other staff appraiser shall make a recommendation to the City Manager or his designee as to the establishment and approval oft he amount of the justc ompensation for the Properties. PART 4: After consideration of said recommendation, the City Manager shall establish and approve the amount determined for acquisition of the Properties. PART 5: Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of theP roperties, Land Agent or other designated City staff is authorized to communicate a written offer to the propertyo wners for the acquisitiono f suchi nterest at the full amount determined and established to be just compensation therefore and to negotiate with said owners on behalf ofthe City. PART 6: That the Mayor after approval by City Council, or the City Manager as delegated, is hereby authorized to execute all documents necessary to acquire said Properties for the Project, on behalf of the City of College Station. PART 7: That the City shall acquire the Properties by voluntary purchase only, and shall not be authorized to acquire any property through condemnation proceedings. PART 8: That the City Managerb a 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 9: That this resolution shall take effect immediately from and after its passage. ADOPTED this 28th day of February , A.D. 2008. 87 RESOLUTION NO. 2- 28 -08 - 2p ATTEST: City Secretary APPROVED: City Attorney Page 3 APPROVED: <at�n=z�- Mayor L-L-1 RESOLUTION NO. 2- 28 -08 -2p EXHIBIT "A" TRACT ONE: A.G. NEELEY ESTATE Page 4 Being Boyett, Block 19, Lot 1, Brazos County, College Station, Texas, also known as 500 Boyett Street,c onsisting of .2021 acres, more or less,a nd a 1,260 square foot, wood -frame single - family dwelling. This property is currently tenant- occupied. This tract will be more particularly described by plat and field notes prepared by a Registered Professional Land Surveyor at a subsequent date and time. TRACT TWO: MRS. R.J. BOND ESTATE Being Boyett, Block 19, Lot 2, Brazos County, College Station, Texas, also known as 303 Cherry Street, consisting of .2057 acres, more or less. This property is undeveloped. This tract will be more particularly described by plat and field notes prepared by a Registered Professional Land Surveyor at a subsequent date and time. TRACT THREE: PITNER FAMILY LIMITED PARTNERSHIP Being Boyett, Block 19, Lot 3, PT of 4, Brazos County, College Station, Texas, also known as 305 Cherry Street, consisting of .2877 acres, more or less. This property is undeveloped. This tract will be more particularly described by plat and field notes prepared by a Registered Professional Land Surveyor at a subsequent date and time. TRACT FOUR: HELEN LEE, DBA LEE PROPERTIES (LOT 4, PT OF) Being Boyett, Block 19,L ot4 (PT oo,B razos County, College Station, Texas,a Iso known as 307 Cherry Street, consisting of .1925 acres, more or less, and a 1,405 square foot, wood -frame single- family dwelling. This property is currently unoccupied and has been since March 14, 2007. This tract will be more particularly described by plat and field notes prepared by a Registered Professional Land Surveyor at a subsequent date and time. TRACT FIVE: HELEN LEE, DBA LEE PROPERTIES (LOTS 5 AND 6) Being Boyett, Block 19, Lots 5 and 6, Brazos County, College Station, Texas, also known as 309 A &B Cherry Street, consisting of .3358 acres, more or less, and a 1,528 square foot, wood -frame duplex dwelling. This property is currently unoccupied and hasb een since June 1, 2004. This tract will be more particularly describedb y plat and field notes prepared by a Registered Professional Land Surveyor at a subsequent date and time. TRACT SIX: NELSON RENTALS, INC. Being Boyett, Block 19, Lot 7, Brazos County, College Station, Texas, also known as 313 Cherry Street, consisting of. 1607 acres, more or less, and a 1,140 square foot, wood -frame single- family dwelling. This property is currently tenant - occupied. This tract will be more particularly described by plat and field notes prepared by a Registered Professional Land Surveyor at a subsequent date and time. 89