RES 1405 04/13/2010 O P C/co 0
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71CX0rS
"City of Choice"
RESOLUTION NO. 1 4 o 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS, AUTHORIZING THE CONSTRUCTION OF THE TOWN CREEK
WEST 1 PROJECT; DETERMINING THE PUBLIC NECESSITY;
AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY
FOR THE PROJECT; AUTHORIZING AND RATIFYING THE APPOINTMENT
OF AN APPRAISER AND NEGOTIATOR AS NECESSARY; AUTHORIZING
THE CITY MANAGER OF THE CITY OF CIBOLO TEXAS, TO ESTABLISH
JUST COMPENSATION FOR THE PROPERTY RIGHT TO BE ACQUIRED;
AUTHORIZING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY
TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLAINCE WITH
ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING MAKING A
FINAL OFFER FOR THE PURCHASE OF THE PROPERTY; AND, FINDING
AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City Council of the City of Cibolo, Texas, has previously
authorized the employment of Espey Consultants to complete design work for the Town
Creek West 1 Project; and
WHEREAS, the City of Cibolo, Texas obtained, and the City Council has been
presented with a 44 page appraisal, with attachments, prepared by John D. Welch &
Associates, Inc. demonstrating the fair market value for an easement on the property to be
acquired based on the highest and best use of the property; and
WHEREAS, this project was recommended by the City staff in order to design
work for the Town Creek West 1 Project and to further improve the general welfare,
health and public safety of the Citizens of the City of Cibolo, Texas and the general
public at large and it is recommended that the City acquire all necessary property rights
for the project; and
WHEREAS, the City Council has considered this project and has determined that
a public necessity exists for this project and a need for the acquisition of certain property
rights for this project; and
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WHEREAS, the City of Cibolo has in good faith attempted to purchase the
property needed for the Town Creek West 1 Project from the property owners without
success; and
WHERESAS, The City Council finds that the appraisal constitutes fair market
value for the acquisition of approximately 2.495 Acres (108,682 square feet) out of the
Trinidad Survey, Abstract #137, City of Cibolo, Guadalupe County, Texas (Permanent
Easement) and approximately 1.553 Acres (67,649 square feet) out of the Trinidad
Survey, Abstract#137, City of Cibolo, Guadalupe County, Texas (Temporary Easement).
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 City to complete the Town Creek West 1
Project (the "Project")by obtaining real property rights as described in the recitals herein,
and constructing the Project and to acquire the necessary property rights in those certain
lots, tracts or parcels of land deemed necessary for construction of the Project as
identified in the design plans and specifications as amended, together with all necessary
appurtenances, additions and improvements on, over, under, and through those certain
lots, tracts or parcels of land.
SECTION 2. That the City Manager is authorized and directed to negotiate for
and to acquire the required property rights (up to and including the fee simple title) for
the City of Cibolo, Texas and to acquire said rights in compliance with State and Federal
law. That the City Manager is specifically authorized and directed to do each and every
act necessary to acquire the needed property rights including, but not limited to: the
authority to negotiate, give notices, make written offers to purchase; prepare contracts;
designate a qualified appraiser of the property to be acquired; make a final offer to
purchase; and, where necessary, to institute proceedings in eminent domain and any other
such act performed or to be performed in furtherance of this project performed by the
City Manager under his general authority provided by law, all of which is hereby ratified.
SECTION 3. That the City Manager, or any individual he may so designate, is
appointed as negotiator for the acquisition of this property and, as such, the City Manager
is authorized and directed to do each and every act and deed hereinabove specified or
authorized by reference, subject to the availability of funds appropriated by the City
Council for such purpose. The City Manager is specifically authorized to establish the
just compensation for the acquisition of the property. That, if the City Manager or his
designee determines that an agreement as to damages or compensation cannot be reached,
then the City's Legal Counsel - Denton, Navarro, Rocha& Bernal, P.C., as its attorney or
its designee is hereby authorized and directed to file or cause to be filed, against the
owners and interested parties of the Property, proceedings in eminent domain to acquire
the above stated interest in the Property.
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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 it is hereby officially found and determined that the meeting at
which this resolution is passed is open to the public as required by law and that public
notice of the time, place, and purposed of said meeting was given as required.
PASSED AND APPROVED this, the /3 day of / 2010.
CITY OF CIBOLO, TEXAS
BY: y
��enni Har an
Mayo
ATTEST:
1.
BY: /�-e `�1�'`y
Peggy Cimics
City Secretary
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