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01-22-15-2c - Resolution - 01/22/2015 RESOLUTION DETERMINING PUBLIC NEED AND NECESSITY RESOLUTION NO. 1-22-15-2c A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,TEXAS,DETERMINING PUBLIC NEED AND NECESSITY FOR THE CITY TO INITIATE, COMPLETE, AND ACQUIRE CERTAIN PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF WEST OSR AND SANDY POINT ROAD, BRYAN, BRAZOS COUNTY, TEXAS, FOR THE PURPOSE OF THE WELL FIELD COLLECTION SYSTEM LOOP PROJECT; AUTHORIZING THE CITY AND ITS REPRESENTATIVES AND EMPLOYEES TO TAKE ANY AND ALL REASONABLE ACTIONS TO ACHIEVE SAME; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER. WHEREAS, the City of College Station, Texas ("City") is a home rule municipality duly incorporated and chartered under the constitution and laws of the state of Texas; and WHEREAS, the City is engaged in the Well Field Collection System Loop Project ("Project"); and WHEREAS, such Project is for the public purpose of supplying water and water services; and WHEREAS, such Project is located at or about the following physical location: the northwest corner of the intersection of West OSR and Sandy Point Road in Bryan, Brazos County, Texas; and WHEREAS, such Project will necessitate the acquisition of land as set forth in this Resolution; and WHEREAS, the City Council of the City desires to acquire land for the Project to achieve the aforesaid public purpose,and herein determines it to be in the best interest of its citizens and the general public to designate its lawful agents and representatives, including City staff, to achieve same, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the facts and recitations set forth in the preamble of this Resolution are hereby declared true and correct. PART 2: That the City Council of the City of College Station, Texas, herein determines it to be in the best interest of its citizens and the general public to commence the Well Field Collection System Loop Project at the northwest corner of the intersection of West OSR and Sandy Point Road in O:\Admin\Council Agenda Items\2015\01 22 15\Wellfield Collection System Loop Project-Needs Resolution\Well Field Collection System Loop Project-Needs Resolution.docx Bryan, Brazos County,Texas,for the public purpose of supplying water and water services, and to take any and all reasonable action to achieve completion of the Project, including the acquisition of property. PART 3: That the Project will require the acquisition of an easement interest in the property as described in Exhibit"A"attached hereto and made a part of this Resolution ("Property"). PART 4: That the City's representatives, agents, and staff are hereby authorized to acquire the Property pursuant to applicable law, including Chapter 2206 Texas Government Code and Chapter 21 Texas Property Code as same may, from time to time, be amended;and to specifically provide the Landowner's Bill of Rights to landowners, and to conduct such land appraisals as may be desired and as may be required by law. PART 5: That adoption of this Resolution shall not authorize the City's representatives, agents, and staff to proceed to condemnation without first obtaining express authority to condemn from the City Council. PART 6: That the City Manager is hereby authorized to direct and designate City staff and to contract with one or more agents or representatives as deemed appropriate to act on behalf of the City to acquire the Property, including contracting with professional appraisers for appraisal services, and contracting with professional real estate agents to act as a land agent for the City relating to acquisition of the Property. PART 7: That the City Attorney and his authorized designee be hereby authorized to execute those documents necessary to close on the purchase of the Property. PART 8: That the City Manager and his authorized designee be authorized to sell any surplus improvements and to order the removal or the demolition of any improvements that are located on the Property that in their determination hinder or are unnecessary to completion of the Project. PART 9: That this Resolution shall take effect immediately from and after its passage. ADOPTED this ola day of / , A.D. 20/5. ATTEST: APPROVED: City in. y Secre y MAYOR 0 2 O:\Admin\Council Agenda Items\2015\01 22 15\Wellfield Collection System Loop Project-Needs Resolution\Well Field Collection System Loop Project-Needs Resolution.docx APPROVED: City Attorney 3 O:\Admin\Council Agenda Items\2015\01 22 15\Wellfield Collection System Loop Project-Needs Resolution\Well Field Collection System Loop Project-Needs Resolution.docx EXHIBIT "A" Being all those tracts or parcels of land necessary to complete a waterline project located along a route extending along West OSR in Bryan, Brazos County, Texas. Said route depicted on the map attached hereto and made part hereof. The parcels needing an easement interest for the project may be acquired from the following lands: Landowner (Now or Formerly): HINKLE, BONNIE GAYE HALTOM Brazos County Appraisal District Property ID: 13384 Street Address: West OSR, Bryan, Texas Legal Description: Abstract No. 48, Francisco Ruiz Survey, 50.6 Acres; as described in Distribution Deed from Dorcas Higgs Haltom recorded in Volume 9248, Page 171, Official Records of Brazos County, Texas. 4 C:\Users\ahines\Desktop\Well Field Collection System Loop Project-Needs Resolution.docx