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RES 1676 05/09/2024"City of Choice' RESOLUTION NO. 1676 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS, APPROVING THE ACQUISITION OF THE NOBLE EVENT CENTER, ADDRESSED AS 203 S. MAIN STREET, CIBOLO, TEXAS, TO BE SUBJECT TO REPLAT, SAID PORTION BEING LOCATED AT THE CORNER OF SOUTH MAIN STREET AND LOOP 539 WEST; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL CLOSING DOCUMENTS NECESSARY TO ACQUIRE SUCH REAL PROPERTY INTERESTS AND EASEMENTS, ONCE APPROVED AS TO FORM BY THE CITY ATTORNEY; PROVIDING FOR REPEAL AND SEVERABILITY; DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS CONDUCTED IN COMPLAINCE WITH THE TEXAS OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council finds the City of Cibolo, Texas (the "City") is a home -rule municipality; and WHEREAS, the City Council finds that additional municipal building facilities are necessary to accommodate the growing needs of the community and to enhance the delivery of services to its residents; and WHEREAS, the City has identified the 203 S. Main Street, Cibolo, Texas, which is adjacent to City Hall (the "Property"), as the most suitable location for said expansion of municipal facilities; and WHEREAS, the City has identified Noble Group Realty LLC as the owner of the Property and has made several attempts to work with said owner to acquire the Property for use as municipal facilities; and WHEREAS, the City and Noble Group Realty have only been able to come to agreement on the terms of the City's acquisition of the Property, upon the threat of eminent domain; and WHEREAS, the City Council finds the City is authorized by Section 251.001 of the Texas Local Government Code to institute eminent domain proceedings to acquire interests in real property for a public use; and WHEREAS, the City Council finds that a building facilities acquisition is necessary for a public use pursuant to Section 251.001 of the Texas Local Government Code; and WHEREAS, the City Council finds that acquisition of the Property is necessary for the public use of expanding municipal building facilities to better serve the residents of the City; and WHEREAS, the City Council finds that but for the threat of imminent domain, there were no available options by which the City may acquire the needed property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO: SECTION 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a par[ hereof for all purposes as findings of fact. SECTION 2. City Council approves the Purchase and Sale Agreement to acquire the Property and authorizes the City Manager to execute all closing documents necessary to acquire such real property interests and exchange the easements necessary, once approved as to form by the City Attorney and is doing so after the threat of eminent domain proceedings for the acquisition the Property for expansion of municipal building facilities addressed as 203 S. Main Street, Cibolo, Texas. SECTION 3. City Council directs the City Attorney to prepare all documents necessary for the transaction, not otherwise provided by the title company handling the closing. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Resolution shall for any reason be held to be invalid, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 5. The meeting at which this Ordinance passed was conducted in compliance with the Texas Open Meetings Act. SECTION 6. This Resolution shall become effective and be in full force and effect from and after the date of passage and adoption by the City Council of the City of Cibolo, Texas. PASSED AND ADOPTED BY THE CITY COUNCIL ON THE g DAY OF MAY 2024. ATTEST: PEGGY CIMICS, TRMC City Secretary APPROVED AS TO FORM: f— GEORGE E, City Afiorney Hyde Kelley LLP MARK ALLEN Mayor