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HomeMy WebLinkAboutRES 2013-023RESOLUTION NO. 2013 -23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING NEGOTIATIONS AND OFFERS FOR THE ACQUISITION OF REAL PROPERTY FOR THE PUBLIC SAFETY BUILDING AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City held an election on November 6, 2012, and the voters overwhelmingly approved 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, information technology and Emergency Operations Center), a detention facility, the Municipal Court, logistics evidence and crime scene, support buildings and other municipal and governmental uses; and WHEREAS, the City Council pursuant to its Home Rule Charter Authority and State law hereby determines a public necessity for the acquisition of certain real property being an approximate 5.885 acre tract out of Lot 13R, Block 1, Final Plat of Lots 12R -1, 13R and 15, Block 1, Towne Center Addition No. 2, depicted in Exhibit "A" (the "Property ") for the Project; and WHEREAS, the City Council has determined that the acquisition of the Property is necessary and convenient to meet the public purpose of and public use for the Project; and WHEREAS, the City's agents and officials have negotiated in good faith with the owners of the Property but have been unable to agree on the price to be paid for such 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 Manager or his designee is hereby authorized and directed to continue negotiations and make an initial offer, other offers as needed, and a final offer for the Property to the owner if a mutually agreeable purchase price cannot be reached. Section 3. That in the event that a final offer as described in Section 2 is refused by the owner of the Property, 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 for the public purpose of the Project. Section 4. That if it should be subsequently determined that additional parties have an interest in the Property, then in that event the City Attorney is authorized and directed to join said parties as Defendants in said eminent domain proceeding. Section 5. 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 6. 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 5th day of March, 2013. APPROVED: GRAPE ���F . • -. Vey its W1 I William D. Tate r�% Mayor * • -• O ATTEST: t J di C. Brown Ci Secretary APPROVED AS TO FORM: 11�--�4---> John F. Boyle, Jr. City Attorney RES. NO. 2013 -23 2 City of Grapevine N � EXHIBIT ��TO RES. NO. 2U13-8 m ~ � ~ Ail kb , 0 100 om wmF*et