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
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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