HomeMy Public PortalAboutResolution No. 323-08 06-24-2008 323-08
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RICHLAND HILLS, TEXAS
AUTHORIZING THE CITY ATTORNEY TO BRING A
CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING
PERMANENT DRAINAGE AND UTILITY EASEMENT AND A
TEMPORARY CONSTRUCTION EASEMENT FOR THE PURPOSE OF
CONSTRUCTION AND MAINTENANCE OF SANITARY SEWER
FACILITIES OR FOR OTHER PUBLIC PURPOSES PERMITTED BY
LAW
WHEREAS, the City of Richland Hills is in the process of constructing public
improvements within the city, to include sewer lines (the "Project"), which will serve existing
and future development in the City; and
WHEREAS, in order to complete construction of the Project, it is necessary for the City
to acquire a permanent drainage and utility easement and a temporary construction easement
from property owners who own land across which the Project will be located; and
WHEREAS, the City and the owner of said property, Les Jordan, (the "Jordan
Property"), have been unable to reach an agreement on the acquisition of the needed easements
and right-of--way; and
WHEREAS, the City Council, on May 13, 2008 by record vote, authorized
condemnation of the Jordan Property and the City Council now ratifies that record vote in this
resolution; and
WHEREAS, the City and Mr. Jordan have engaged in and are continuing negotiations to
purchase the Jordan Property; and
WHEREAS, the City has made a final offer letter and provided copies of appraisals in
accordance with state law; and
WHEREAS, the City Council now deems it necessary to authorize the City attorney to
initiate condemnation proceedings in order to acquire the necessary easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF RICHLAND HILLS, TEXAS:
SECTION 1.
The City Council of the City of Richland Hills, Texas, hereby finds and determines that
the recitals made in the preamble of this Resolution are true and correct, and incorporates such
recitals herein.
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SECTION 2.
The City Council of the City of Richland Hills, Texas hereby finds and determines that a
public necessity exists for the City of Richland Hills, Texas to acquire a ten foot wide permanent
drainage and utility easement, and atwenty-five foot wide temporary construction easement
extending in all directions around the permanent easement, on the Property, as more particularly
described and depicted on the attached Exhibit "A".
SECTION 3.
The City Attorney is hereby authorized to bring a condemnation lawsuit against the
owners, and any and all other parties having an interest in the property, for the purpose of
acquiring the above referenced easements through the exercise of the City's power of eminent
domain, provided that the following conditions are first met:
(a) The City will obtain ownership information and a legal description for each parcel
to be acquired;
(b) If the property owners and/or other parties are located through the exercise of due
diligence, the City Manager, or her designated representative, will:
(1) Make a final offer to the owners and/or other parties for the purchase of
the above referenced easements;
(2) When the final offer to purchase is made, the City Manager or his
representative will disclose to the owners and/or other parties, all existing appraisal reports or
value studies produced or acquired by the City relating to the owner's and/or other parties'
property and used by the City in determining the amount of the final offer;
(3) If the owners and/or other parties fail or refuse to accept the City's final
offer, the City Manager may direct the City Attorney to file eminent domain proceedings.
(c) When any of the owners and/or other parties cannot be located through the
exercise of due diligence, the City Attorney may skip the actions described in paragraph (b) and
may file eminent domain proceedings against such owners and/or other parties, and shall cite
such owners and/or other parties, who cannot be located, by publication in the manner authorized
by law.
(d) The City Council hereby authorizes the City Manager to make final offers to the
owners of such property in such amount as the City Manager determines to be just compensation
for conveyance to the City of Richland Hills of the above referenced easements, based upon
appraisals or market studies available to the City Manager.
SECTION 4.
That the City Council hereby finds and determines that the above described easements
are needed so that the City of Richland Hills can construct the sanitary sewer improvements,
which is a public purpose and is necessary to serve the public health, safety and welfare.
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SECTION 5.
That this Resolution shall take effect upon its adoption, and it is so Resolved.
ADOPTED this day of , 2008.
t a ~~~~fl
ayor, Crty of Ric nd Hills
ATTEST:
Linda Cantu, City Secretary
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