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HomeMy WebLinkAbout6-28-2007-2g - Resolution - 06/28/2007 41) RESOLUTION DETERMINING NEED RESOLUTION NO. 6 -28- 2007 -2g A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, RELATING TO: (1) THE AUTHORITY OF THE CITY TO INITIATE, COMPLETE, AND ACQUIRE, BY PURCHASE OR CONDEMNATION IN CERTAIN PROPERTY FOR OPERATION OF THE CARTERS CREEK WASTEWATER TREATMENT PLANT; (2) A DECLARATION THAT PUBLIC NECESSITY EXISTS FOR THE CITY TO ACQUIRE SUCH INTEREST, THROUGH PURCHASE OR CONDEMNATION; AND (3) ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SUCH INTEREST IN THE PROPERTY. 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 City owns, operates, constructs, repairs and maintains a wastewater collection and treatment system as a public service; and • WHEREAS, the City's ownership, operation, construction, repair, and maintenance of the wastewater collection and treatment system is a benefit to the public; and WHEREAS, the City, through a condemnation proceeding, may exercise the power of eminent domain to acquire property in order to carry out the ownership, operation, construction, repair, and maintenance of its wastewater collection and treatment system pursuant to Chapter 251 of the Texas Local Government Code, Chapter 21 of the Texas Property Code, and Article II of the City's Charter; and WHEREAS, the City is making improvements to the Carters Creek Wastewater Treatment Plant, located at 2200 North Forest Parkway, including buffer space, installation of water and wastewater facilities, and landscaping; and WHEREAS, the City determines that the best interests and needs of the public, including the health, safety and welfare of the public, require that the City improve odor control at Carter's Creek Wastewater Treatment Plant located at 2200 North Forrest Parkway, through the City's acquisition, by purchase or condemnation proceeding, of the real property as provided in Exhibits A, attached hereto and incorporated herein by reference for all purposes (the "Property"); now, therefore; BE IT RESOLVED by the City Council of the City of College Station, Texas: RESOLUTION NO. 6 -28- 2007 -2g _ Page 2 PART 1: That the City Council of the City of College Station, Texas, hereby officially determines that there is a public necessity for the real property, and the public welfare and convenience will be served by the acquisition of the Property. 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 the Property. 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 appraisal reports, the Land Agent or other staff appraiser shall make a recommendation to the City Manager as to the establishment and approval of the amount of the just compensation for the Property. PART 4: After consideration of said recommendation, the City Manager shall establish and approve the amount determined for acquisition of the Property. PART 5: Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of the Property, the City's Land Agent or other staff appraiser is authorized to communicate a written offer to the property owners for the acquisition of such interest 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, or the City Manager as delegated, is hereby authorized to execute all documents necessary to acquire the Property, on behalf of the City of College Station. PART 7: That, if necessary, and should a property owner fail to accept a bona fide, good faith offer from the City to purchase the Property, City representatives shall have the authority to initiate and complete condemnation proceedings against said owner, in order to acquire through condemnation all required property interests and title regarding the Property. PART 8: 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 Property acquired in connection with this purchase. PART 9: That this resolution shall take effect immediately from and after its passage. RESOLUTION NO. 6 -28- 2007 -2g _ Page 3 ADOPTED this 28`" day of June, A.D. 2007. ATTEST: APPROVED: h. CCTV /s ,4 I up ill < 0 City Secretary Mayor APPROVED: { ed Carla A, ogflsg9' VFRTFY airthanfinty with Annrnval City Attorney