HomeMy WebLinkAboutRES 2013-042RESOLUTION NO. 2013 -42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, AUTHORIZING THE USE OF
EMINENT DOMAIN FOR THE ACQUISITION OF REAL
PROPERTY FOR THE PUBLIC SAFETY BUILDING
PROJECT AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City adopted Resolution No. 2013 -23 on March 5, 2013,
declaring the public necessity for a new public safety building and associated City public
improvements (the "Project "), including but not limited to the acquisition of land for said
Project; and
WHEREAS, the Project includes facilities, structures, parking and other
associated improvements for the Fire and Police Department Headquarters (including
administration, training, and Emergency Operations Center), a detention facility, the
Municipal Court, information technology, logistics evidence and crime scene, and
support buildings; and
WHEREAS, the City Council, pursuant to its Home Rule Charter Authority and
State law, determined a public necessity for the acquisition 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 (the "Property ") for the Project;
and
WHEREAS, the City obtained an independent valuation of the Property from a
qualified third party appraiser; and
WHEREAS, 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, and the City
received no response of any kind to such offer; and
WHEREAS, 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, 2013, and the City
received no response of any kind to such offer; and
WHEREAS, the City Council has determined and hereby reaffirms that the
acquisition of the Property is necessary and convenient to meet the public purpose of
and public use for the Project; and
WHEREAS, based 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; and
WHEREAS, all legal prerequisites for the approval of this resolution have been
met, including but not limited to the Open Meetings Act and the Property Code; and
WHEREAS, the City Council hereby determines that the approval of this
resolution is in the best interests of the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That all matters stated hereinabove are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
Section 2. That the City Attorney is hereby authorized and directed to file the
necessary eminent domain proceedings or suit and take whatever action that may be
necessary against the owner to acquire the Property and all associated rights for the
public purpose of the Project.
Section 3. That if it should be subsequently determined that additional parties
have an interest in the Property, then the City Attorney is authorized and directed to join
said parties as Defendants in said eminent domain proceeding.
Section 4. That in the event that any section, subsection, sentence, phrase,
word, term condition or obligation requirement herein is held invalid, illegal or
unconstitutional, the balance of this resolution shall be enforceable and shall be
enforced as if the City intended at all times to delete said invalid, illegal or
unconstitutional section, subsection, sentence, phrase, word, term condition or
obligation.
Section 5. That this resolution shall be effective from and after the date of its
passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 7th day of May, 2013.
1111 B
RES. NO. 2013 -42 2
John F. Boyle, Jr.
City Attorney
RES.NO. 2013-42