R-2015-3055 - 11/24/2015 RESOLUTION NO. R-2015-3055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROUND ROCK,TEXAS
DETERMINING A PUBLIC NEED AND NECESSITY FOR THE ACQUISITION OF
CERTAIN PROPERTY AND AUTHORIZING THE CITY'S
ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN
TO ACQUIRE SAID PROPERTY INTERESTS
WHEREAS, the City Council, upon consideration of the matter, has determined that there is a
public necessity for the welfare of the City of Round Rock, Texas ("City"), and the public-at-large to
make utility improvements to the Lake Creek Wastewater Lines, and to perform associated public uses
and purposes ("Project"); and
WHEREAS, in accordance with the above, the City Council hereby finds that public necessity
requires the acquisition of a temporary construction easement interest on and across approximately
0.201 acre (Parcel 5TCE), and 0.524 acre (Parcel 6TCE), said tracts more particularly described in
Exhibits "A" & "B" attached hereto, for the sole purpose of making utility improvements to the Lake
Creek Wastewater Lines within the existing adjacent permanent easement as it crosses the subject
property, such property being owned by BYRON FRANK HALL, Individually and as Independent
Administrator of the Estate of Linda Hall, KATHA LEE LACY and JAY FLOYD HALL (the
"Property"), for the public use of construction, reconstruction, maintaining, and operating of the Lake
Creek Wastewater utility improvements and related facilities ("Project"), at such locations as are
necessary and that such constructing, reconstructing, maintaining, and operating shall extend across
and upon, and will cross, run through, and be upon the herein described real Property;
WHEREAS, it is necessary to establish procedures for determining and approving just
compensation, and completing acquisition of the Property for this Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ROUND ROCK, TEXAS:
0112.1504;00346553
Section 1. The City Council hereby finds and determines that it is necessary for the welfare of
the City and its citizens and is in the public interest to construct and maintain utility improvements in
the City and to acquire property interests to assist with such purposes in and to the above described
lands, free and clear of any liens and encumbrances, in order to allow the City and/or its assigns to
complete said Project.
Section 2. The City Attorney, or his designated agent, is hereby authorized on behalf of the
City to attempt to negotiate, settle and agree on compensation to be paid to the owners of any interest
in the Property, and to make official, written, bona fide offers to the owners for the market value of
said Property or property interest. If it is determined that an agreement as to the value of said Property,
damages and/or compensation to be paid cannot be reached, then the City Attorney or his designated
agent is hereby authorized to file or cause to be filed, against the owners and holders of other related
interest in the Property, proceedings using the City's power of eminent domain to acquire the stated
interest in and to the above described lands, in order to allow the City to complete said Project, and to
perform and undertake all other proceedings necessary to complete the acquisition of the Property.
Section 3. It is the intent of the City Council that this resolution authorizes the condemnation of
all property interests required to complete the construction and maintenance of the Project and
associated public purposes. If it is later determined that there are any errors in the descriptions
contained herein or if later surveys contain more accurate revised descriptions, the City Attorney is
authorized to have such errors corrected or revisions made without the necessity of obtaining a new
resolution of the City Council authorizing the condemnation of the corrected or revised Property.
Section 4. The findings of fact, recitations of provisions set in the preamble of this Resolution
are adopted and made a part of the body of this Resolution, as frilly as if the same were set forth 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
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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 24th day of November, 2015.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
Sara White, City Clerk
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