R-13-06-13-G1 - 6/13/2013RESOLUTION NO. R -13-06-13-G1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROUND ROCK
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 ("City") and the public -at -large to construct
and maintain roadway improvements to Chisholm Trail Road in the City, 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 fee simple title to approximately 0.051 acre of property, described by metes
and bounds in Exhibit "A" attached hereto and incorporated herein, owned by SAR WESTERN
CENTER PLAZA, LP, for the public use of construction, reconstruction, maintaining, and operating
of the Project, excluding all the oil, gas, and sulphur which can be removed from beneath said real
property, without any right whatever remaining to the owner of such oil, gas, and sulphur of ingress to
or egress from the surface of said real property for the purpose of exploring, developing, or mining of
the same, as apart of the improvements to the Project;
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.
I.
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 roadway improvements
in the City and to acquire property interests to assist with such purposes in and to the above described
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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 Manager 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 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 and/or its assigns 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 fully 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
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.
4
RESOLVED this 13th day of June, 2013.
City of Round Rock, Texas vv V •'
ATTEST:
SARA L. WHITE, City Clerk
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City of Round Rock
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Agenda Item Summary
Agenda Number: GA
Title: Consider a resolution determining the necessity and authorizing the use of
the City's power of eminent domain to condemn certain property interests
owned by SAR Western Center Plaza, LP necessary for the construction
of improvements to Chisholm Trail Road, and take other appropriate
action.
Type: Resolution
Governing Body: City Council
Agenda Date: 6/13/2013
Dept Director: Steve Sheets, City Attorney
Cost: $0.00
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments: Resolution, Exhibit A
Text of Legislative File 13-402
The City Attorney has been unable to negotiate an acceptable purchase of the 0.051 acre right of
way area necessary for the Chisholm Trail (Phase III) expansion Project through the procedures
required in the Texas Property Code, and in order to maintain project scheduling the City needs to
proceed with authorizing the use of eminent domain if necessary to complete the acquisition.
NOTE TO COUNCIL:
The Texas Government Code §2206.053 has very specific requirements for the motion to authorize
eminent domain proceedings. In order to make certain that we comply with these statutory
requirements, I recommend that the motion to adopt the resolution be read aloud as follows:
"/ move that the City Council approve this resolution which authorizes the use of the power
of eminent domain to acquire easement and/or fee simple interests in the following parcel of
land for the public use for widening Chisholm Trail: approximately 0.051 acres of land in
Williamson County, Texas from SAR Western Center Plaza, LP; as described in Exhibit "A" of
the resolution."
Staff Recommends Approval.
City of Round Rock Page 1 Printed on 8/8/2013