R-02-04-11-16B1 - 4/11/2002RESOLUTION NO. R- 02- 04- 11 -16B1
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 the
Rubio Subdivision Street & Drainage Improvements Project, and to
perform associated public purposes ( "Project "); and
WHEREAS, the City of Round Rock, has a need to acquire
approximately 0.16 acres of land in Williamson County, Texas, in
fee simple to enable the City to complete the Project; and
WHEREAS, a suit to condemn this property is currently pending
in the 277th District Court in and for Williamson County, Texas
under cause number 99-542-C277 and styled the City of Round Rock v.
Robert Craig Nasso; and
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 $45,000.00;
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 the Rubio
Subdivision Street & Drainage Improvements Project, and to perform
associated public purposes and to acquire fee simple title in and
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to the above described land, in order to allow the City and /or its
assigns to complete said Project; and
That the proposed settlement amount of $45,000.00 is a fair
and equitable amount for the settlement of the condemnation case
filed under cause number 99- 542 -C277 and styled the City of Round
Rock v. Robert Craig Nasso; and
That the Mayor and /or the city attorney 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:
RESOLVED this llth day of A.ril, 2002.
RO= A. STLUKA, J• /, Mayor
0/41)1 ' )J6L(L ) /(? ,
CHRISTINE R. MARTINEZ, City Secr y
City of Round Rock, Texas
2
DATE: April 3, 2002
SUBJECT: City Council Meeting — April 11, 2002
ITEM: *16.B.1. Consider a resolution authorizing the settlement of the
condemnation lawsuit styled City of Round Rock v. Robert Craig
Nasso for property necessary for the Rubio Subdivision Street and
Drainage Improvements Project.
Resource: Steve Sheets, City Attomey
Jim Nuse, Public Works Director
History: This property has been identified as necessary for the construction of the Rubio
Subdivision Street and Drainage Improvements Project. The City offered the
amount of the original appraisal, which is $15,000.00, and the landowner
countered with an appraisal for $60,000.00. The Special Commissioners, after
their hearing, entered their award in the amount of $30,000.00. This amount has
previously been tendered. The Landowner expressed his willingness to settle for
$45,000.00. This property was recently re- appraised by the City's appraiser in
anticipation of a trial and a new value of $43,927.00 was placed on the property.
This new value represents previously unknown rental income. The additional
amount of $15,000.00 is needed to settle this case.
Settlement Amount: $45,000.00
Outside Resources: N/A
Impact: N/A
Benefit: Completes the acquisition of property that was needed for the construction of the
Rubio Channel Drainage Project.
Public Comment: N/A
Sponsor: N/A