HomeMy WebLinkAbout8-18-08-05 - 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 THE 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 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 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.
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RESOLUTION NO. 8- 18 -08 -05 Page 3
PART 9: That this resolution shall take effect immediately from and after its
passage.
ADOPTED this 18` day of August A.D. 2008.
ATTEST:
C
City Secretary
APPROVED:
MAYOR
APPROVED:
ESned day >Ga��asp,
VF RTFY anthantirity wM4 OnnrnyPTt
City Attorney
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RESOLUTION NO. 8- 18 -08 -05
F.XHTRTT "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.
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