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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 ```a~uunuu~~~~~ .~ -. .~ o 'I ~,~- =>- ~= v I `" =.. ., ,~ ,, '~ ,. ,~ ~~-~~~~