Loading...
RES 1506 06/09/2015 A 0 f C/,o V r 0 rex �s Resolution No: 15 0 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS AUTHORIZING THE ACQUISITION OF A 0.164 ACRE TRACT OF LAND OUT OF A 10.00 ACRE TRACT OUT OF THE TRINIDAD GARCIA SURVEY NO. 94, ABSTRACT NO. 137 ("THE PROPERTY"); DETERMING A PUBLIC NECESSITY; PUBLIC PURPOSE AND PUBLIC USE JUSTIFYING ACQUISITION OF SAID PROPERTY BY EMINENT DOMAIN; AUTHORIZING THE CITY MANAGER TO RETAIN AN APPRAISER TO ESTABLISH FAIR MARKET VALUE AND JUST COMPENSATION TO THE PROPERTY OWNER(S) AND TO NEGOTIATE WITH THE OWNER(S) ON ACQUISITION OF THE PROPERTY; AND AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE ALL STEPS AS NECESSARY TO ACQUIRE SAID PROPERTY IN COMPLIANCE WITH ALL APPLICABLE LAWS. WHEREAS, at the direction of the City Council of the City of Cibolo, the city has undertaken a public improvement project (hereafter "Project") through which the thoroughfare "Green Valley Road" located in the City of Cibolo is being widened and improved by adding curbing, approach apron/curb cuts, as well as additional drainage and water infrastructure in order to accommodate population growth and a new school being constructed to serve the area; and WHEREAS, in order to complete this Project, the city has had to purchase multiple easements, rights of way and other interest in properties located along and in the area surrounding the Project location and has been successful in negotiating agreements with the property owners for the purchases of those properties; and WHEREAS,the city has so far been unsuccessful in negotiating an amicable agreement with the property owner(s)to purchase the last remaining tract of land the city needs to acquire in order to complete the Project described as a 0.164 acre strip of land out of a 10.00 acre tract out of the Trinidad Garcia Survey No. 94, Abstract No. 137, located along the southeast side of Green Valley Road, southwest of FM 1103 in Cibolo, Guadalupe County, Texas (hereafter the "Property") and that since time is of the essence due to contractual obligations with its contractors, the city must move forward with the completion of this Project; and WHEREAS, the City Council finds that the City of Cibolo has the authority pursuant to Chapter 251 of the Texas Local Government Code and other law to acquire property by eminent domain for the purpose of providing, enlarging, or improving a street or other roadway and to provide, enlarge or improve water drainage and transmission infrastructure and that is it necessary to for the city to acquire the above described Property in order to complete this Project; and WHEREAS, the City Council further finds that a public necessity exists and that acquiring this particular tract of land is necessary to accomplish the public purpose and public use of the widened and improved Green Valley Road along with the improved water and drainage infrastructure which will be constructed along and within said improved road; and WHEREAS, the City has obtained an appraisal of the Property to determine the fair market value and just compensation to offer the owner(s) for the purchase of the Property and the City Council hereby finds that the appraised value represents the fair market value of the approximately 0.164 acre tract of a 10.00 acre tract out of the Trinidad Garcia Survey No. 94, Abstract No. 137, located along the southeast side of Green Valley Road, southwest of FM 1103 in Cibolo, Guadalupe County, Texas, said Property being more particularly described by the attached field notes and survey; and WHEREAS, the city has attempted to negotiate with the owner(s) of the Property to purchase the property but has been unsuccessful and accordingly, the City Council finds that it is necessary to proceed with acquiring the necessary property rights, up to and including fee simple title to the Property in order to complete the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS: Section 1. That the City Council hereby finds and determines that a public purpose and necessity exists for the City of Cibolo to acquire a 0.164 acre strip of land out of a 10.00 acre tract out of the Trinidad Garcia Survey No. 94, Abstract No. 137, located along the southeast side of Green Valley Road, southwest of FM 1103 in Cibolo, Guadalupe County, Texas owned by the Barowski Family Limited Partnership, or other person(s) who are determined to be the owner(s) of the Property, in order to make public improvements to Green Valley Road in the City of Cibolo including providing drainage and water infrastructure, curbing, and approach apron/ cub cuts to accommodate the public and residents in the general area as authorized by Chapter 251 of the Texas Local Government Code and that it is necessary to acquire the necessary property rights, up to and including fee simple title to, in those certain lots, tracts or parcels of land described herein for the construction of this public infrastructure and these other public improvements herein described through the use of eminent domain. Section 2. That the City Manager is authorized and directed to negotiate for and acquire the necessary property rights, up to and including fee simple title, for the City of Cibolo, Texas for the stated public necessity, purposes and uses. The City Manager is specifically authorized and directed to do each and every act necessary to acquire the Property including but not limited to negotiating with the owner(s), giving notices, make written offers to purchase, preparing contracts, designating and hiring a qualified appraiser, making a final offer to purchase the property and to institute proceedings in district court to acquire the Property by eminent domain. Section 3. The City Manager or any individual he may designate is appointed as negotiator for the acquisition of this Property and is authorized to do each and every act hereinabove specified or authorized by reference, subject to the availability of funds appropriated by the City Council for such purpose. If the City Manager determines that an agreement as to damages or compensation cannot be reached, then the City Attorney is hereby authorized to file or cause to be filed against the owner(s) of the Property and any other interested party of the Property proceedings in eminent domain to acquire the above stated interest(s) in the Property. Section 4. That the findings of fact, recitations, and provisions set out in the preamble of this resolution are adopted and made a part of the body of this resolution, as fully as if the same were set forth herein. Section 5. That the vote authorizing the adoption of this Resolution and the use of eminent domain power as specified herein was taken in a public meeting by record vote and was made in or substantially similar to the following form: "I move that the City of Cibolo, Texas authorize the use of the power of eminent domain to acquire 0.164 acre strip of land out of a 10.00 acre tract out of the Trinidad Garcia Survey No. 94, Abstract No. 137, located along the southeast side of Green Valley Road, southwest of FM 1103 in Cibolo, Guadalupe County, Texas for the public purpose and use of making public improvements to Green Valley Road including widening said road and constructing curbing, approach apron/curb cuts and water and drainage infrastructure." PASSED AND APPROVED ON THIS 9TH DAY OF JUNE,2015 Lisa M. Jackson, Mayor City of Cibolo Attest: ye y� Peggy Cimics, TRMC City Secretary