HomeMy WebLinkAbout1-11-2007-12.07 - Resolution - 01/11/2007
RESOLUTION DETERMINING NEED
RESOLUTION NO. 1-11-2007-12.07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS,
RELATING TO: (I) THE AUTHORITY OF THE CITY TO INITIATE, COMPLETE, AND
ACQUIRE, BY PURCHASE OR CONDEMNATION, FEE SIMPLE, GROUNDWATER RIGHTS,
RIGHT-OF-WAY AND EASEMENT PROPERTY INTERESTS IN CERTAIN PROPERTY FOR
THE GROUNDWATER WELLS 8, 9, AND 10 PROJECT; (2) A DECLARATION THAT PUBLIC
NECESSITY EXISTS FOR THE CITY TO ACQUIRE SUCH INTERESTS, THROUGH
PURCHASE OR CONDEMNATION; AND (3) ESTABLISHING PROCEDURES FOR THE
ACQUISITION OF SUCH INTERESTS 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 City owns, operates, constructs, repairs and maintains a Public Water System as a
public service; and
WHEREAS, the City's ownership, operation, construction, repair, and maintenance of the city Public
Water 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 Public Water System pursuant to Chapter 251 of the Texas Local Government Code, Chapter 2 I
of the Texas Property Code, and Article II of the City's Charter; and
WHEREAS, the City is engaged in the following project regarding improvements to the Public Water
System by adding Groundwater Wells 8, 9, and 10, including installation of public water supply wells,
public utilities, collection lines, access, and cornmunications, 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 the Public Water System by adding
Groundwater Wells 8, 9, and 10, including installation of public water supply wells, public utilities,
collection lines, access, and communications (referred to hereinafter as the "Project") through the City's
acquisition, by purchase or condemnation proceeding of the fee simple, groundwater rights, right-of-
way and/or easernent interests in that property as described in Exhibit "A", attached hereto and
incorporated herein by reference for all purposes (referred to hereinafter as the "Property"); 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 be
served by the acquisition of the Property, as set out in Exhibit "A".
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
PART 3:
PART 4:
PART 5:
PART 6:
PART 7:
PART 8:
PART 9:
estate agent to act as a Land Agent for the City and with attorneys for preparation oftitle
opinions needed by the City from time to time in connection with acquisition of the Property.
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.
After consideration of said recommendation, the City Manager shall establish and approve
the amount determined for acquisition of the Property.
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 ofthe City.
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 Property for the Project, on
behalf of the City of College Station.
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 arid complete condemnation proceedings against said owner, in order to acquire
through condemnation all required property interests and title regarding the Property.
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.
That this resolution shall take effect immediately from and after its passage.
ADOPTED this II th day of Januarv,A.D.2007.
APPROVED:
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CONNIE HOOKS, City Secretary
APPROVED:
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RON S A, Mayor
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City Attorney
I. R13390
2. R13393
3. R13395
4. R13385
5. R13399
6. R13396
7. R13373
8. RI5242
9. RI5267
10. RI6093
II. R13401
12. R13386
13. R13387
14. R13369
15. R13370
16. RI3400
17. R13371
18. R13388
19. RI02581
20. R13372
21. R13403
EXHIBIT" A"
PROPERTIES AS LISTED ON THE TAX ROLLS
BY THE BRAZOS COUNTY APPRAISAL DISTRICT
K. MARVIN & AMY ADAMS, a 3.91 acre tract, Francisco Ruiz League
K. MARVIN & AMY ADAMS, a 104.1 acre tract, Francisco Ruiz League
ANN WEHRMAN AYERS, a 15.45 acre tract, Francisco Ruiz League
LEWIS A. AYERS, JR., a 90 acre tract, Francisco Ruiz League
DORCAS HIGGS & CHARLES C. HALTOM, a 61.47, Francisco Ruiz League
MARY J. KOPECKY (LIFE ESTATE), a 10 acre tract, Francisco Ruiz League
W. E. KUTZSCHBACH & TRUST, a 197.7 acre tract, Francisco Ruiz League
W. E. KUTZSCHBACH & TRUST, a 166 acre tract, Moses Hughes League
W. E. KUTZSCHBACH & TRUST, a 15 acre tract, Robert Henry League
W. E. KUTZSCHBACH & TRUST, a 100 acre tract, John Smith League
PETE LERO, a 42 acre tract, Francisco Ruiz League
FRED LUTHER, Jr., an 85.4 acre tract, Francisco Ruiz League
FRED LUTHER, Jr., a 7.6 acre tract, Francisco Ruiz League
FRED LUTHER, Jr., a 35 acre tract, Francisco Ruiz League
FRED LUTHER, Jr., a 29.41 acre tract, Francisco Ruiz League
PORTERFIELD F AMIL Y PTNRS I L TD, a 64 acre tract, Francisco Ruiz League
IRENE H. PORTERFIELD, a 70 acre tract, Francisco Ruiz League
IRENE H. PORTERFIELD, a 71.53 acre, tract, Francisco Ruiz League
MARICELA CISNEROS, a 33.3 I acre tract, Francisco Ruiz League
HANSON AGGREGATE (Cornerstone), a 485.19 acre tract, Francisco Ruiz
League
HANSON AGGREGATE (Cornerstone), a 321.48 acre tract, Francisco Ruiz
League