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R-11-09-08-10B1 - 9/8/2011RESOLUTION NO. R -11-09-08-10B1 WHEREAS, the City of Round Rock ("City") is a home rule municipality and derives its authority to exercise the power of eminent domain from the Texas Local Government Code, §251.001 entitled "Right of Eminent Domain"; and WHEREAS, pursuant to Sec. 2206.101, Texas Government Code, the governing entity is required to send a letter to the Texas Comptroller stating that they claim the power of eminent domain; and WHEREAS, the City wishes to exercise the power of eminent domain, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a letter to the Texas Comptroller of Public Accounts, a copy of same being attached hereto as Exhibit "A" and incorporated herein. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 8th day of September, 2011. ATTEST: SARA L. WHITE, City Secretary O:\wdox\SCClnts\0112\ 1104\MUNICIPAL\00231722.DOC/rmc r City of Round Rock, Texas -t- (At[0S fi. lV1aS'"K'?�� Bra- ,14,1 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Mayor Alan McGraw September 8, 2011 • EXHIBIT • CERTIFIED MAIL, RETURN RECEIPT REQUESTED Susan Combs Texas Comptroller of Public Accounts P.O. Box 13528, Capitol Station Austin, Texas 78711-3528 RE: Letter required by Sec. 2206.101 Government Code Dear Comptroller Combs: This letter is being sent to you pursuant to Sec. 2206.101 of the Texas Government Code regarding the authority of the City of Round Rock, Texas to exercise the power of eminent domain. The City of Round Rock is a home rule municipality. The City derives its authority to exercise the power of eminent domain from the Texas Local Government Code, §251.001 entitled "Right of Eminent Domain." Please let me know if you have any questions regarding the subject matter of this letter. Mayor Pro -Tem Sincerely, Carlos T. Salinas y Councilmembers Craig Morgan George White Joe Clifford John Moman Kris Whitfield City Manager Steve Norwood City Attorney Stephan L Sheets Alan McGraw Mayor CITY OF ROUND ROCK ADMINISTRATION DEPARTMENT, zzt East Main Street• Round Rock, Texas 78664 Phone SI2.2t8.Mto • Fax ;12.218.7097 • www.roundrocktexas.gov ROUND ROCK, TEAS PURPOSE. PASSION. PROSPERITY Agenda Item No. 1081. City Council Agenda Summary Sheet Agenda Caption: of Public Accountants regarding the authority to exercise the power of eminent domain. Meeting Date: September 8, 2011 Department: Legal Consider a resolution authorizing the Mayor to execute a Letter to the Texas Comptroller Staff Person making presentation: Steve Sheets City Attorney Item Summary: During this year's legislative session, the Texas Legislature passed Senate Bill 18 amending state law regarding use of the power of eminent domain. Among the provisions adopted was a requirement that every entity claiming the power of eminent domain send a letter to the Texas Comptroller stating that they claimed the power of eminent domain and citing the provision of the law that gives that power. Failure to send the letter could result in the entity losing the power of eminent domain. The attached letter will accomplish this purpose. Cost: Source of Funds: N/A N/A Date of Public Hearing (if required): N/A Recommended Action: Approval EXECUTED DOCUMENTS FOLLOW Mayor Alan McGraw ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. September 8, 2011 CERTIFIED MAIL, RETURN RECEIPT REQUESTED Susan Combs Texas Comptroller of Public Accounts P.O. Box 13528, Capitol Station Austin, Texas 78711-3528 RE: Letter required by Sec. 2206.101 Government Code Dear Comptroller Combs: This letter is being sent to you pursuant to Sec. 2206.101 of the Texas Government Code regarding the authority of the City of Round Rock, Texas to exercise the power of eminent domain. The City of Round Rock is a home rule municipality. The City derives its authority to exercise the power of eminent domain from the Texas Local Government Code, §251.001 entitled "Right of Eminent Domain." Please let me know if you have any questions regarding the subject matter of this letter. Mayor Pro -Tem Sincerely, Carlos T. Salinas Councilmembers Craig Morgan George White Joe Clifford John Moman Kris Whitfield City Manager Steve Norwood City Attorney Stephan L Sheets uAlans lhas TC4 i1 CITY OF ROUND ROCK ADMINISTRATION DEPARTMENT, 221 East Main Street* Round Rock, Texas 78664 Phone 512.218.5410 • Fax 512.218.7097 • www.roundrocktexas.gov