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HomeMy WebLinkAbout4-26-2007-2e - Resolution - 04/26/2007 RESOLUTION DETERMINING NEED RESOLUTION NO. 4 -26- 2007 -2e A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, AMENDING RESOLUTION NO. 1 -11- 2007 -12.07 TO: (1) AUTHORIZE THE CITY TO INITIATE, COMPLETE, AND ACQUIRE, BY PURCHASE OR CONDEMNATION, FEE SIMPLE, GROUNDWATER RIGHTS, RIGHT -OF -WAY AND /OR EASEMENT PROPERTY INTERESTS IN CERTAIN SUBSTITUTED PROPERTY FOR THE GROUNDWATER WELLS 8, 9, AND 10 PROJECT; (2) DECLARE THAT PUBLIC NECESSITY EXISTS FOR THE CITY TO ACQUIRE SUCH SUBSTITUTED PROPERTY INTERESTS, THROUGH PURCHASE OR CONDEMNATION; AND (3) ESTABLISH PROCEDURES FOR THE ACQUISITION OF SUCH SUBSTITUTED PROPERTY INTERESTS. WHEREAS, on January 11, 2007, the City of College Station, Texas, determined that there is a public necessity for the Groundwater Wells 8, 9, and 10 Project and authorized the acquisition of fee simple, groundwater rights, right -of -way and/or easement interests in certain property for the Project; and WHEREAS, it has been determined that the certain property identified in Resolution No. 1 -11- 2007 -12.07 is not sufficient to meet the needs for the Project; and ® WHEREAS, it has been determined that it is in the best interests and needs of the public, including the health, safety and welfare of the public, to acquire fee simple, groundwater rights, right -of -way and/or easement interests in those certain properties as described in Exhibit "A ", attached hereto and made a part hereof for all purposes; 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 determines that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition of those certain Properties, as set out in Exhibit "A ". PART 2: That the City Council of the City of College Station, Texas, hereby officially amends Resolution No. 1 -11- 2007 -12.07 by substituting the properties as described in said Resolution with the Properties described in Exhibit "A" as attached herein. PART 3: That all of the terms, conditions, determinations and authorizations in Resolution No. 1 -11- 2007 -12.07 shall remain in full force and effect except that the Resolution shall be amended to substitute the properties set out in said Resolution with those Properties described in Exhibit "A ". PART 4: That this Resolution shall take effect immediately from and after its passage. L RESOLUTION NO. 4 -26- 2007 -2e Page 2 ADOPTED this 26 day of April, A.D. 2007. ATT ST: APPROVED: 11'14. --c .TPvlJ CONNIE HOOKS, City Secretary Ben White, Mayor Pro Tem APPROVED: `- V� t pnh ritir w it � hh A n City Attorney RESOLUTION NO. 4 -26- 2007 -2e Page 3 EXHIBIT "A" PROPERTIES AS LISTED ON THE TAX ROLLS BY THE BRAZOS COUNTY APPRAISAL DISTRICT 1. R13373 KUTZSCHBACH, W E & TRUST, a 197.7 acre tract, Francisco Ruiz League 2. R13302 FORBIN INVESTMENTS, a 1524.42 acre tract, Francisco Ruiz League 3 R102581 CISNEROS, SALOMON & MARICELA, a 33.31 acre tract, Francisco Ruiz League 4. R13372 CORNERSTONE C &M INC, a 485.19 acre tract, Francisco Ruiz League 5. R13403 CORNERSTONE C &M INC, a 321.48 acre tract, Francisco Ruiz League 6. R13409 FAZZINO, LEE J & SARA, a 203.0 acre tract, Francisco Ruiz League 7. R15242 KUTZSCHBACH, W E & TRUST, a 166.0 acre tract, Moses Hughes League 8. R15254 JOHNSON, SANFORD, a 16.83 acre tract, Robert Henry League 9. R15267 KUTZSCHBACH, W E & TRUST, a 15.0 acre tract, Robert Henry League 10. R16093 KUTZSCHBACH, W E & TRUST, a 100.0 acre tract, John Smith League 11. RI6819 ROWE, CHARLES A, Sr., a 116.0 acre tract, Wright Cooley League 12. R16820 JOHNSON, SANFORD, a 43.17 acre tract, Wright Cooley League