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HomeMy Public PortalAboutResolution No. 193-03 02-25-2003 193-03 • RESOLUTION NO. A RESOLUTION OF THE CITY OF RICHLAND HILLS, TEXAS, APPROVING THE ACTION OF THE BOARD OF DIRECTORS OF THE RICHLAND HILLS DEVELOPMENT CORPORATION AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING TITLE TO LEASEHOLD INTEREST IN PREMISES CURRENTLY HELD BY ARCHIE'S DONUT SHOP, LOCATED AT 6600 GRAPEVINE HIGHWAY, TR 3AOlA, A953, MAHALY LYNCH SURVEY ADDITION FOR ECONOMIC DEVELOPMENT PURPOSES OR OTHER PUBLIC PURPOSES PERMITTED BY LAW. WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Richland Hills Development Corporation is an economic development corporation created pursuant to Section 4B of the Texas Development Corporation Act of 1979, as amended, Texas Revised Civil Statutes Article 5190.6; and WHEREAS, the Corporation is authorized to exercise the power of eminent domain with approval of the City Council of the City of Richland Hills; and • WHEREAS, the Board of Directors of the Richland Hills Development Corporation has determined that it is necessary for the Richland Hills Development Corporation to obtain title to certain land and improvements so that such land may be used for economic development purposes, specifically, to allow the demolition of existing buildings on the site, and to facilitate sale to Barclay/Texas Venture Capital, LLC, for the purpose of constructing a retail shopping mall with a major chain grocery retailer as the anchor retailer; and WHEREAS, Barclay/Texas Venture Capital, LLC and the owners of the property have been able to reach an agreement on the acquisition of this land and improvements with the exception of the leasehold interest of Archie's Donut Shop, but agreement cannot be reached with the owner of the leasehold interest in Archie's Donut Shop regarding the value of such leasehold interest; and WHEREAS, the Board of Directors of the Richland Hills Development Corporation has previously authorized the Richland Hills City Attorney to initiate condemnation proceedings in order to acquire title to the leasehold interest of Archie's Donut Shop, in order to facilitate needed economic development in the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: • • SECTION 1. ORDER The City Council hereby approves the action of the Board of Directors of the Richland Hills Development Corporation authorizing the Richland Hills City Attorney to initiate condemnation proceedings in order to acquire title to the leasehold interest of Archie's Donut Shop, in order to facilitate needed economic development in the City. SECTION 2. NOTICE Upon adoption of this Resolution, the City Secretary is directed to give notice of this resolution in the manner required by law. SECTION 3. AUTHORIZATION OF NECESSARY ACTIONS The Mayor and the City Secretary, in consultation with the City Attorney, are authorized and directed to take all actions necessary to effectuate this resolution. SECTION 4. EFFECTIVE DATE • This Resolution shall be effective upon its adoption. Passed and approved this day of 1~,}~ , 2003. CITY OF RICHLAND HILLS, TEXAS The onorable Nelda Stroder, Mayor ATTEST: Terri Willis, City cretary APPROVED O FORM AND LEGALITY: Tim G. ralla, City Attorney • RESOLUTION APPROVING ACTION OF THE RHDC AUTHORIZING EMINENT DOMAIN PROCEEDING Page 2 W:\Richland Hills\Resolution\Approval of Action of the RHDC Approving Eminent Domain Proceeding regarding Archie's Donut Shop.wpd