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:
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Tara Brooks
City Secretary
APPROVED AS TO FORM:
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Ben Stool
Assistant City Attorney
RES. NO. 2015-060 3
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Whittlesey Property: Flood Plain Area (100 yr Storm) EXHIBIT A
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