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HomeMy WebLinkAbout7-10-08-2b - Resolution - 07/10/2008RESOLUTION DETERMINING NEED RESOLUTION NO. 7- 10 -08 -2b 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 VOLUNTARY PURCHASE WITHOUT CONDEMNATION, FEE SIMPLE INTEREST IN CERTAIN PROPERTIES FOR THE FURTHERANCE OF REDEVELOPMENT; (2) A DECLARATION THAT PUBLIC NECESSITY EXISTS FOR THE CITY TO ACQUIRE SUCH INTEREST, THROUGH VOLUNTARY PURCHASE WITHOUT CONDEMNATION; AND (3) ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SUCH INTEREST 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 Council has an economic development program for attracting new investment into its city, including attracting and retaining venues promoting business and tourism; and WHEREAS, one economic development project of the City involves the redevelopment of property located at or near 303 -321 First Street within the City (the "Project "); and WHEREAS, Gameday Investors Group, LLC owns the property located in or near 303 -321 First Street and desires to sell to the City its interest in said property for economic development purposes voluntarily without condemnation or threat thereof, and WHEREAS, the City has determined it to be in its best interest and in the best interest of its citizens to acquire said property, 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, hereby officially determines that there is a public necessity for the Properties, and the public welfare and convenience will be served by the acquisition of the Properties. PART 3: 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. PART 4: That the City Manager or his designated staff is hereby authorized and directed to examine the independent appraisal reports as they are submitted to the City to C:\DOCUME—I\dgwin\LOCALS—I\Temp\XPgrpwise\Resolution Determining Need - First Street 303- 321.doc7/3/20082:55:50 PM RESOLUTION NO. 7- 10 -08 -2b Page 2 determine whether said appraisal reports are supported by sufficient data. Based upon such examination of said appraisal reports, the appropriate staff shall make a recommendation to the City Manager as to the establishment and approval of the amount of the just compensation for the Properties. PART 5: After consideration of said recommendation, the City Manager shall establish and approve the amount determined for acquisition of the Properties. PART 6: Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of the Properties, the City's Director of Economic and Community Development or other designated staff 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 7: 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 Properties for the Project, on behalf of the City of College Station. 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. PART 9: That this resolution shall take effect immediately from and after its passage. ADOPTED this 10th day of July, A.D. 2008. ATTEST: IF City Secretary. APPROVED: Mayor APPROVED: City Attorney RESOLUTION NO. 7- 10 -08 -2b EXHIBIT "A" Page 3 TRACT ONE: GAMEDAY INVESTORS GROUP, LLC Being Boyett Addition, Block 11, Lots 12 - 21, Brazos County, College Station, Texas, also known as 303 - 321 First St., consisting of 2.273 acres, more or less. This tract is more particularly described by a boundary survey prepared by Joe Orr, Inc., April 19, 2007.