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HomeMy WebLinkAboutRES 2008-029 RESOLUTION NO. 2008-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING AN OFFER TO PURCHASE THE PROPERTY AND FURTHER AUTHORIZING THE USE OF EMINENT DOMAIN FOR ACQUIRING SAID PROPERTY IN THE EVENT SUCH OFFER IS NOT ACCEPTED AND PROVIDING AN EFFECTIVE DATE WHEREAS, it is hereby determined that a necessity exists and that the public convenience and necessity hereby requires the acquisition of a tract of land in fee simple for the public purpose of constructing and maintaining a transportation and mass commuting facility, and other municipal purposes, and that the City of Grapevine should acquire the land necessary for said purposes; and WHEREAS, the City Council entered into an Interlocal Agreement regarding commuter rail service with the Fort Worth Transportation Authority, hereinafter called "The T", a regional transportation authority created and existing pursuant to Chapter 452 of the Texas Government Code, and the City of Grapevine, Texas; and WHEREAS, pursuant to the Interlocal Cooperation Act, Chapter 791, Texas Government Code, Grapevine and "The T" may exercise jointly the power to provide governmental services for the public health, safety and welfare; and WHEREAS, pursuant to Article 1182k, Texas Revised Civil Statures, all railroad- related activities by public agencies, separately or jointly exercised, are public and governmental functions exercised for a public purpose and as matters of public necessity; and WHEREAS, the City has identified the property at 815 S. Main Street, Grapevine, Texas as a potential site for a commuter rail station, associated facilities, and other municipal uses; and WHEREAS, the City began negotiations with the representatives for the property in October of 2007; and WHEREAS, such negotiations have not resulted in a mutually agreeable purchase price for the property; and WHEREAS, the City of Grapevine has the right to acquire through eminent domain the property, the subject of this action pursuant to Section 251.001(a)(1) of the Local Government Code and Section 2.02 of the City Charter; and WHEREAS, "The T" and Grapevine have agreed that it would be mutually beneficial to the citizens of Grapevine and "The T" service area to the have commuter rail service connecting the southwest area of Fort Worth to Grapevine and the Dallas Fort Worth International Airport to relieve traffic congestion, provide transportation opportunities and aid of attaining federal air quality standards; and WHEREAS, it is hereby determined that a necessity exists and that the public convenience and necessity hereby requires the acquisition of the property for the public purpose of constructing and maintaining a transportation and mass commuting facility, and other municipal purposes; and WHEREAS, the hereinafter described property is owned by American Locker Security Systems. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City Manager or his designee is hereby authorized and directed to make an offer for the property to the owner of said hereinafter described property. Section 2. That in the event the offer as described in Section 1 is refused by the owner of said property, the City Attorney, or his designee, is hereby authorized and directed to file the necessary eminent domain proceedings or suit and take whatever action that may be necessary against American Locker Security Systems to acquire a tract of land in fee simple for the public purpose of constructing and maintaining a transportation and mass commuting facility, and other municipal purposes, the land more particularly described as follows: For the tract in fee simple to be used for the public purpose of constructing and maintaining a transportation and mass commuting facility, and other municipal purposes, all that certain portion of land lying and being situated in the City of Grapevine, Tarrant County, Texas, described as Lots 5 and 6B, Lipscomb and Daniel Subdivision and Tract 65A, Abstract No. 422, incorporated herein and made a part hereof for all purposes, to which reference is here made for a more particular description. Section 3. That if it should be subsequently determined that additional parties other than those named herein have an interest in said property, then in that event 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, phase, • word term condition or obligation requirement herein is held invalid illegal or 4 RES. NO. 2008-29 2 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 take effect from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on this 19th day of August, 2008. APPROVED: William D. Tate Mayor ATTEST: /740 Linda Huff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney RES. NO. 2008-29 3