HomeMy WebLinkAboutItem 07 - Public Safety Building CC ITEM#7
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER?)�_
MEETING DATE: MAY 7, 2013
SUBJECT: RESOLUTION AUTHORIZING CITY ATTORNEY TO UTILIZE
EMINENT DOMAIN TO ACQUIRE PROPERTY FOR THE PUBLIC
SAFETY BUILDING PROJECT
RECOMMENDATION:
City Council adopting an resolution authorizing the City Attorney to utilize eminent domain to
acquire an approximately 5.8 85 acre parcel of real property described as Lot 13 R, Block 1,
Towne Center Addition # 2 for use as the new Public Safety Building and associated public
improvements as described in Resolution No. 2013-23 based on the failure or refusal of the
owners of said property to agree to the City's Initial or Final offers to purchase the property,
and take any necessary action.
BACKGROUND:
The City obtained an independent valuation of the Property from a qualified third party
appraiser and the City made its Initial Offer for the Property in full compliance with all
requirements of Chapter 21 of the Property Code on March 7, 2013.
The City received no response of any kind to the Initial Offer.
The City made its Final Offer for the Property in full compliance with all requirements of
Chapter 21 of the Property Code on April 9, 1 the City received no response of any
kind to the Final Offer.
as on the failure of the City's good faith efforts to negotiate a mutually agreeable price for
the Property, the City Council is left with no choice but to exercise its power of eminent
domain to acquire the Property. All legal prerequisites for the approval of this Resolution
have been met, including but not limited tote Open Meetings Act and the Property Code.
Staff recommends approval.
JSL
May 2,2013(9:45AM)
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RESOLUTION
PoMA10
RESOLUTION OF THE CITY COUNCIL I
GRAPEVINE, I I G THE USE OF
EMINENT I ACQUISITION OF REAL
PUBLIC PROPERTY FOR THE B I
PROJECT AND PROVIDING EFFECTIVE
the 1 ty adopted Resolution 1 - rc , 2013,
declaring the lic necessity for a new public safety building associated i is
improvements (t "Project"), including blit not limited to the c isiio of land for said
Project; and
WHEREAS, the Project includes facilities, tr ct r es, parking and other
associated improvements r the it and li t Headquarters (including
administration, tr ini , and Emergency r ti n Center), a detention facility, the
Municipal ou , information technology, I i ti vi c crime scene, and
support buildings; and
WHEREAS, the City ou cil, pursuant to its ut ri and
State I , determined a public necessity for the c i iti on of certain real property being
an approximate 5.885 acre tract of land out of Lot 13R, Block 1, Final Plat of Lots 12R-
1, 13R and 15, Block 1, Towne Center Addition No. 2 (t "Property") for the Project;
and
the i obtained independent v l tin of the Property from a
qualified it r i r; and
the ity made its Initial r for the r in full compliance wit
all requirements of Chapter 21 of the ro perty Code on March , 2013, and the City
received no response i to ch offer; and
the i its Final Offer for the Property in full compliance wit
II requirements of Chapter 21 of the Property e on April 9, 2013, the i
received no response n y kind to such offer; and
WHEREAS, the City Council has determined reaffirms t the
acquisition the r is c convenient to t the lic purpose of
and public use for the roj c ; and
WHEREAS, based on the failure the i 9s faith efforts to negotiate a
mutually I price for the Property, the i Council is left with no choice
exercise its r of eminent domain to it the r ; and
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ll legal prerequisites for the approval of this resolution
met, including t net limited to the i s Act and the ro and
the i Council hereby determines the r l of this
resolution is in the interests of the I safety, I r of the public.
THEREFORE, IT RESOLVED BY THE CITY COUNCIL THE CITY
OF GRAPEVINE, T
Section 1. That all matters stated hereinabove are found to u correct
and are incorporated i reference as if copied in it entirety.
Section 2. That the i Attorney is hereby authorized and it file
necessary in n in proceedings or suit and take whatever action that may be
necessary ins the owner to c it e the Property and II associated rights for the
public purpose f the r J ct.
Section . That if it should be subsequently t r i that additional parties
have an interest in the Property, i tt rn is authorized and directed to i
said i as Defendants in said eminent domain proceeding.
Section 4. That in the that y section, subsection, sentence, phrase,
word, term condition or obligation requirement her i is I invalid, ill l or
unconstitutional, the balance this resolution II be enforceable shall be
enforced s if the City intended at all times to It said invalid, illegal or
unconstitutional section, subsection, nt phrase, word, term condition r
obligation.
Section 5. That this resolution shall be effective from r the t its
passage.
PASSED AND APPROVED Y THE CITY I CITY OF
GRAPEVINE, TEXAS on this 7th day of May, 2013.
RES. NO. 2
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ATTESTe
APPROVED AS TO FORM:
RES. NO. 3