G-99-10-14-12D4 - 10/14/19991-1
ORDINANCE NO. ll- qq" 10-)4- )a D
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS DECLARING THE NECESSITY FOR ACQUIRING BY
CONDEMNATION THE FEE SIMPLE TITLE TO CERTAIN
DESCRIBED PROPERTY FOR RIGHT-OF-WAY PURPOSES TO
CONSTRUCT A DRAINAGE CHANNEL, AND ORDERING THE
CONDEMNATION OF SAID PROPERTY TO PROCEED; PROVIDING
A SAVINGS CLAUSE AND REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS.
WHEREAS, the City Council of the City of Round Rock has a
need to acquire the right-of-way necessary for the construction of
a drainage channel; and
WHEREAS, an independent professional appraisal report of the
subject property has been submitted to the City, and the City
Attorney has accordingly transmitted to the owner of the property
an official written offer of just compensation for that parcel more
fully described below; and
WHEREAS, the owner has been unable to agree with the City of
Round Rock upon the property's fair cash market value and further
negotiations for settlement have become futile and impossible; and
WHEREAS, condemnation has become necessary in order to
acquire the unencumbered fee simple title; Now Therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS, THAT:
K:\WPDOCS\ORDINANC\091014D4.WPD/clb
I.
The offer by the City of Round Rock for the land described
below in the amount of $6,400.00, is hereby confirmed.
II.
It is hereby determined that the City of Round Rock has in
fact submitted an offer to the property owner for the property
described below, and the owner of that property and the City of
Round Rock have been unable to agree and cannot agree upon the
value of the land or the damages to be paid and further settlement
negotiations have become futile and impossible.
III.
Public necessity requires the acquisition of the unencumbered
fee simple title to the property described below, for right-of-way
purposes for the construction of a drainage channel in the City of
Round Rock, Texas; and that public necessity and convenience
require the condemnation of this property in order to acquire it
for such purpose.
IV.
The City Attorney is hereby authorized and directed to
institute proceedings in eminent domain against Robert Craig Nasso,
owner of the property described herein, and against all other
owners, lienholders, and other holders of an interest in the
property, in order to acquire the unencumbered fee simple interest
2.
and a temporary construction easement, in and to the following
described property laying and being situated in the City of
Round Rock, Williamson County, Texas, to -wit:
0.16 acres, more or less, situated in the Wiley Harris Survey,
Abstract No. 298, in Williamson County, Texas, being also a portion
of Lot 11, Block 3 of Southside Acres Subdivision, said tract being
more fully described in Exhibit
incorporated herein.
11 A 11
attached hereto and
V.
This ordinance shall take effect immediately from and after
its passage.
VI.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. 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,
3.
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended, and
the Act.
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this ordinance on two separate days was dispensed with.
1/
READ, PASSED, and ADOPTED on first reading this / `7 day
of , 1999.
Alternative 2.
READ and APPROVED on first reading this the day of
, 1999.
READ, APPROVED and ADOPTED on second reading this the
day of , 1999.
ATTEST:
/a/ncL
E LAND, City Secretary
10
ROBERT A. STLUKA, JR ,// Mayor
City of Round Rock, _exas
4.
DATE: October 8, 1999
SUBJECT: City Council Meeting — October 14, 1999
ITEM: 12.D.4. Consider an ordinance determining the public necessity for
acquiring fee simple title to certain property for the construction
of a drainage channel, and authorizing the City Attorney to
initiate eminent domain proceedings to acquire the needed
property, such property being described as a tract or parcel of
land containing 0.16 acres (approximately, 6,970 square feet)
situated in the Wiley Harris Survey, Abstract No. 298, in
Williamson County, Texas being also a portion of Lot 11, Block
3 of Southside Acres, a subdivision according to the plat thereof
recorded in Cabinet A, Slide 323, Plat Records of Williamson
County, Texas, currently owned by Robert Craig Nasso. (First
Reading) Staff Resource Person: Steve Sheets, City Attorney.