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HomeMy WebLinkAbout08-18-08-05 - Resolution - 08/18/2008RESOLUTION DETERMINING NEED RESOLUTION NO, 8-18-08-05 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, RIGHT-OF- WAY AND EASEMENT INTEREST IN CERTAIN PROPERTY FOR TIIE Bee Creek Greenway PROJECT; (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 greenway system as a public service in order to provide parks, flood control, wildlife conservation and bicycle and pedestrian routes; and WHEREAS, the City's ownership, operation, construction, repair, and maintenance of the greenway 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 greenway 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 engaged in the following project regarding improvements and expansion to the greenway system, the Bee Creek Greenway (the "Project"); 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 proceed with the Project, through the City's acquisition, by purchase or condemnation proceeding, of the fee simple interest in real property more fully described in Exhibit A, attached hereto and incorporated herein by reference for all purposes (the "Property"); now, therefore; BE I1' 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 Property, and the public welfare and convenience will be served by the acquisition of the Property. RESOLUTION NO. 8-18-08-05 Page 2 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, other staff appraiser or contracted real estate agent 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 said Property for the Project, 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 required 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 such 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 real property acquired in connection with this Project. 0. Wesolutio»sWesolutra7 200MResolution 8-18-08-05.doc RESOLUTION NO. 8-18-08-05 Page 3 PART 9: That this resolution shall take effect immediately from and after its passage. ADOPTED this 18th day of August, A.D. 2008. ATTEST: City Secretary APPROVED: VRTFVI,thpr)Hr1lv with Annrnva City Attorney APPROVED: MAYOR 0.1Reeutuiuns1resuru(iu,i 2OO8\resuluaun 8-18-08-05.ctoL RESOLUTION NO. 8-18-08-05 EXHIBIT "A" Page 4 Andy Carlos, Tract Being Lots 23 and 24, Block 1, Southland Addition, according to the map or Plat hereof recorded in Volume 134, Page 423, Deed Records of Brazos County, Texas. Said .24 acres is located in the flood plain of Bee Creek and is generally depicted on Attachment 1 as Bee Creek Greenway Project — 137 Southland Street and will be more particularly described by plat and field notes prepared by a Registered Professional Land Surveyor at a subsequent day and time. O: IResolutionsWeso(ution 200MResohtlion 8-18-08-05.doc