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HomeMy WebLinkAboutRES 2015-060RESOLUTION NO. 2015-060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, DETERMINING THE NECESSITY OF ACQUIRING REAL PROPERTY RIGHTS AND AUTHORIZING THE USE OF EMINENT DOMAIN TO BE USED IN CONNECTION WITH THE DEVELOPMENT OF DRAINAGE IMPROVEMENTS; DECLARING A PUBLIC PURPOSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine City Council has concluded that drainage improvements are necessary at and downstream from Silver Lake; and WHEREAS, the City of Grapevine City Council hereby declares the necessity for the acquisition of certain real property as shown and described in Exhibit "A" (the "Property") (attached hereto and incorporated herein for all purposes) for the public purpose of constructing drainage improvements to serve the public; and WHEREAS, the City Council determines that the acquisition of the Property is necessary and convenient to meet the public purpose of constructing, expanding, improving, and maintaining drainage improvements to the Silver Lake dam, and associated downstream drainage improvements (the "Project"); and WHEREAS, the City Council authorizes the City Manager or his designee to obtain a fair market valuation of Property; and WHEREAS, the City Council hereby authorizes the City's agents to negotiate in good faith with the owners of the Property; and WHEREAS, in the event such negotiations are not successful, the City Attorney is hereby authorized to make initial and final offers to the Property's owner in compliance with the Property Code; and WHEREAS, all legal prerequisites for the adoption of this resolution have been met, including but not limited to the Local Government Code and the Open Meetings Act; and WHEREAS, the City Council hereby declares 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 its entirety. Section 2. That it is hereby determined that public necessity requires the acquisition of the Property for the Project and the City of Grapevine should acquire the Property for said Project. Section 3. That the Property shown and described in the attached Exhibit "A", attached hereto and incorporated herein for all purposes, is hereby determined to be necessary for the above mentioned Project. That for the purpose of acquiring title of said Property, the City Attorney or such agent as he may designate, is hereby authorized and directed to offer the appraised fair market value of the Property as payment for title of said Property and all improvements thereon, which amount represents the fair cash market value of said Property to be acquired. Section 4. That in the event the property owner accepts the offer made as authorized herein, the Chief Financial Officer be and is hereby authorized to draw a warrant in the same amount to the owner(s) of the Property. This sum represents compensation for the title to the Property and all improvements. Section 5. That the necessary instruments of conveyance be approved by the City Attorney as to form and subsequently filed with the County Clerk and returned to the City Secretary for permanent record. Section 6. That the City is to have possession of the property on closing. Section 7. That should the Property's owner(s) refuse to accept the sum of money offered by the City of Grapevine as compensation for the taking of the Property, which amount the City Council deems to be fair cash market value and just compensation, in compliance with the laws of the State of Texas, this will be evidence that the City of Grapevine cannot agree with the property owner as to the compensation legally allowable by law. In such case, the City Attorney is authorized and requested to file the necessary suit(s) and take the necessary action for the prompt acquisition of said property in condemnation or in any manner provided by law. Section 8. That should it be subsequently determined that additional persons other than the persons named herein have an interest in said property, then and in that event, the City Attorney is authorized and directed to join said parties as Defendants in said condemnation suit(s). Section 9. 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 the 6th day of October, 2015. RES. NO. 2015-060 2 APPROVED: William D. Tate Mayor ATTEST: Ll&ij) Tara Brooks City Secretary APPROVED AS TO FORM: � ��), eX Ben Stool Assistant City Attorney RES. NO. 2015-060 3 GRAPF`'y SOF IU �% M i a �Ir Whittlesey Property: Flood Plain Area (100 yr Storm) EXHIBIT A EXHIBITS TO �,0(5-6(oo Page / of