HomeMy WebLinkAbout07-23-26-9.4 - Resolution - 07/23/2026RESOLUTION NO. 07-23-26-9.4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, DETERMINING THAT A FEE SIMPLE INTEREST CONTAINING
APPROXIMATELY 0.093 ACRES OF LAND IS NEEDED AND NEEDS TO BE
ACQUIRED FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF
ROCK PRAIRIE ROAD EAST AND AUTHORIZING THE INSTITUTION OF
EMINENT DOMAIN PROCEEDINGS.
WHEREAS, the City Council of the City of College Station now finds and determines
that public convenience and necessity requires the City of College Station to acquire a fee
simple interest in a tract of land totaling approximately 0.093 acre for the public purpose of
the construction, maintenance and operation of Rock Prairie Road East. A more specific
description of said fee simple interest is attached hereto as Exhibit A and made a part hereof
(“Land”); and
WHEREAS, the City of College Station, through its duly authorized representatives,
has negotiated or has made attempts to negotiate with the owner of the Land for the purchase
of the Land for the purpose stated herein and has been unable to agree with such owner as to
the fair cash market value thereof and damages, if any, to obtain the necessary property rights
required by the City of College Station; and
WHEREAS, the City Council of the City of College Station has authorized the City
Manager and the City Attorney or their designees to make initial and final written offers to the
owner of the Land for the purchase of the same based upon its appraised value, and such offer
has been or will be made; now therefore,
Resolution No. 07-23-26-9.4 Page 2 of 5
Rock Prairie Road East Widening
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
Section 1. The facts and recitals set forth in the preamble of this resolution are
hereby found to be true and correct.
Section 2. The City Council of the City of College Station finds that, in
compliance with Chapter 21 of the Texas Property Code, an initial offer will be or has been
made in good faith by duly authorized representatives of the City for acquisition of a fee simple
tract of Land, and that said offer may be rejected by the landowner. A final offer will be or
has been made in good faith to the owner of the Land after the initial offer. Should that final
offer be rejected and good faith negotiations fail, the only way for the City of College Station
to acquire such interest in the Land will be through the filing of eminent domain proceedings.
Section 3. The City Council hereby finds and determines that a public use and
necessity exists for the City of College Station to construct, maintain and widen Rock Prairie
Road East and to acquire the necessary property rights in the Land as allowed by law, together
with all necessary appurtenances, additions and improvements on, over, under, and through
those certain lots, tracts or parcels of land.
Section 4. Only if the good faith negotiations fail and the final offer be rejected by
the owner of the Land, the City Attorney, or his designee, is hereby authorized to bring
eminent domain proceedings on behalf of the City of College Station under applicable
provisions of law, whether provided by §251.001 of the Texas Local Government Code, as
amended, Chapter 21 of the Texas Property Code, or by any other provision of law, against
the owner or owners of the Land.
Resolution No. 07-23-26-9.4 Page 3 of 5
Rock Prairie Road East Widening
PASSED, APPROVED, AND RESOLVED this 23rd day of July, 2026.
__________________________
Mayor
ATTEST:
_________________________
City Secretary
APPROVED AS TO FORM:
_______________________________
City Attorney
Resolution No. 07-23-26-9.4 Page 4 of 5
Rock Prairie Road East Widening
EXHIBIT A
Resolution No. 07-23-26-9.4 Page 5 of 5
Rock Prairie Road East Widening