HomeMy Public PortalAboutResolution No. 413-13 04-16-2013RESOLUTION NO.413-13
A RESOLUTION OF THE CITY OF RICHLAND HILLS, TEXAS
AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION
ACTION FOR THE PURPOSE OF OBTAINING FEE TITLE TO REAL
PROPERTY FOR USE BY THE CITY FOR CONSTRUCTION OF A
MUNICIPAL COMPLEX AND/OR COMMUNITY ACTIVITY CENTER, OR
FOR OTHER PUBLIC PURPOSES PERMITTED BY LAW
WHEREAS, the City of Richland Hills (the "City") is in the process of acquiring
property necessary for construction of a municipal complex and/or community activity
center (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 far
the City to acquire fee title to property from the property owners where the Project will
be located; and
WHEREAS, the City and the owner of the following property have been unable to
reach an agreement on the acquisition of the property:
Spencer Hodge
An approximate 0.33 acre tract of land, including an approximate 5,640
sq. ft. warehouse building, located at 3271 Matthews Drive, Richland Hills,
Texas 76118, as more particularly described and depicted on the attached
Exhibit A, incorporated herein by reference.
WHEREAS, on or about April, 2, 2013 ,the City made an initial offer to the
property owner to purchase the necessary property, and provided the property owner
with a copy of the Landowner's Bill of Rights, and the City's appraisal of the subject
property, as required by law; and
WHEREAS, the City Council finds and determines that the acquisition of the
property for the Project constitutes a public use for a public purpose; and
WHEREAS, the City Council now deems it necessary to authorize the City
Attorney to initiate condemnation proceedings in order to acquire fee title to the
necessary property.
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.
SECTION 2.
The City Council of the City of Richland Hills, Texas hereby finds and determines
that a public use and necessity exists for the City of Richland Hills, Texas to acquire fee
title to the property, as more particularly described and depicted on the attached Exhibit
"A" (the "Property") which is incorporated herein by reference, for constructing municipal
improvements in connection with the Project described above.
SECTION 3.
The City Attorney is hereby authorized to bring a condemnation lawsuit against
the owner, and any and all other parties having an interest in the Property, for the
purpose of acquiring the above referenced property 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 the
Property to be acquired;
(b) If the Property owner and/or other parties are located through the exercise
of due diligence, the City Manager, the City Attorney, or their designated representative,
will:
(1) Make a final offer to the owner and/or other parties for the purchase
of the Property;
(2) When the final offer to purchase is made, the City will disclose to
the owner and/ or other parties, all existing appraisal reports or value studies produced
or acquired by the City relating to the Property and used by the City in determining the
amount of the final offer;
(3) Comply with the statutes of the State of Texas with reference to the
necessary legal prerequisites existing or relating to the exercise of eminent domain to
appropriate the Property; and
(4) If the owner 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 the owner and/or other parties cannot be located through the
exercise of due diligence, the City Attorney may file eminent domain proceedings
against such owner and/or other parties, and shall cite such owner 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 and/or the City
Attorney to make a final offer to the owner of such Property for conveyance to the City
of the Property, based upon appraisals available to the City.
SECTION 4.
The City Council hereby finds and determines that the above described Property
is needed so that the City of Richland Hills can construct the Project, which is a public
use and is necessary to serve the public health, safety and welfare.
SECTION 5.
This Resolution shall take effect upon its adoption, and it is so Resolved.
ADOPTED this ~ day of ~ , 20 ~~ .
ATTEST:
CI Y ECRETARY
MAYOR
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