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R-01-12-04-5A1 - 12/4/2001RESOLUTION NO. 01- 12- 04 -5A1 WHEREAS, the City Council, upon consideration of the matter, has determined that there exists a public necessity for the welfare of the City of Round Rock and the public -at -large to construct and maintain State Highway 45 and A.W. Grimes Boulevard, and to perform associated public purposes ( "Project "); and WHEREAS, the City of Round Rock, has a need to acquire approximately 4.52 acres of land in Williamson County, Texas, in fee simple to enable the City to complete the Project. WHEREAS, a suit to condemn this property is currently pending in County Court at Law Number 3 in and for Williamson County, Texas under cause number 01- 0096 -CC3 and styled the City of Round Rock v. Stephen M. Jones, et al.. WHEREAS, since the institution of this action in the County Court, the Defendants in the case have expressed a willingness to settle the condemnation proceedings for the amount of $1,985,000.00. Now Therefore: BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: That it is necessary for the welfare of the City and its citizens and is in the public interest to construct and maintain State Highway 45 and A.W. Grimes Boulevard, and to perform associated public purposes and to acquire fee simple title in and .. ODMA\ NORLDOX\ 0 : \WWX \RRSOLUTI \R11204A1.WPD /elc to the above described land, in order to allow the City and /or its assigns to complete said Project. That the proposed settlement amount of $1,985,000.00 is a fair and equitable amount for the settlement of the condemnation case filed under cause number 01- 0096 -CC3 and styled the City of Round Rock v. Stephen M. Jones, et al., and That the Mayor shall be authorized to execute, on behalf of the City of Round Rock the necessary documents to effectuate the settlement of this condemnation case for this amount. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance 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. ATTEST: 0 RESOLVED this 4th day of December ,e CHRISTINE R. MARTINEZ, City Secreta 2 ROe A. STLUKA, IR., Mayor City of Round Rock, Texas DATE: November 30, 2001 SUBJECT: City Council Meeting — December 4, 2001 ITEM: 5.A.1. Consider a resolution authorizing the settlement of the condemnation lawsuit styled City of Round Rock vs. Stephen M. Jones, et al. Resource: Steve Sheets, City Attorney Eric Cardinell History: This property has been identified as necessary for the construction of State Highway 45 and A.W. Grimes Boulevard. The Special Commissioners have entered their award in the amount of $1,677,220.00 and this amount has previously been tendered. Therefore, only the additional amount of $307,780.00 is needed to settle this case. Funding: Settlement Amount: $1,985,000.00 Source of funds: 4B Transportation Fund Outside Resources: N/A Impact: N/A Benefit: Allows for needed construction of SH -45 and A.W. Grimes Boulevard. Public Comment: N/A Sponsor: N/A