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O-71-216 - 9/16/1971ORDINANCE NO 216 AN ORDINANCE PROVIDING FOR THE UNIFORM ACQUISITION OF REAL PROPERTY IN THE CITY CF ROUND ROCK Whereas, the City Council of the City of Round Rock, Texas has been empowered under the language of S.3. No. 521, which amends Chapter 45, Acts of the 61st Legislature, Regular Session, 1969 (Article 6674 n-4, Vernon's Texas Civil Statutes), to pro- vide for fair and equitable policies in the acquisition of Real Property: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL. OF THE CITY OF ROUND ROCK, TEXAS: Section 1: That the City of Round. Rock and its agents will be guided to the greatest extent practicable by the following policies regarding real property acquisitions. 1. The City of Round Rock will make every reasonable effort to negotiate in the acquisition of Real Property. 2. That the City of Round Rock will appraise the property sought before negotiation and the owner shall have the right to accompany the appraiser during.:hisinspection. 3. That before negotiations the City will establish a just compensation figure not less than the City's appraised fair market value. 4. That the City of Round Rock will furnish the owner of the property sought with a written statement, and. a summary of the basis for the amount of compensation, and where appropriate will state separately the amount set for the taking of the property and the amount set for the damages to the remainder. 5. That the City of Hound Rock will require no owner of real property to surrender possession of that property until such owner has received compensation or in cases of condemnation, until the deposit of the award into the court. In either case the amount of compensation paid will not be less than the original offer established. under sub .paragraph (3) above., 6, That the City of Round Rock will require no person law- fully occupying property to move without 90 days written notice prior to the date required. 7. That the rental of propety not immediately needed shall not exceed the fair rental value of the property to a short-term occupier. . That the City of Round Rock will make no advance or delay in the times set for condemnation or negotiations or for the deposit of funds in the court, or take any other action coercive in nature in order to compel an agreement on the price to be paid for the property, 9. That if eminent domain is necessary, it shall be immediate and not wait for,nor force the owner to bring suit. 10. That if the City of Round Rock takes a partial piece of property and the remainder of the property not taken is an "uneconomic remnant", then the City of Round Rock will offer to acquire such remnant at a just price. Section 2: If the City of Round Rock acquires any interest in real property it shall acquire at least a like interest in all buildings, structures, or other improvements on the property to be taken, which will be adversely affected by the proposed use of such property or which will be required to be removed from the real property. In such instances, where the buildings, structures, or improvements do not belong to the owner of the land, but are the property of a tenant or other person holding legal possession; for the purpose of determining the extent of the acquisition of real property and the valuation thereof, no building, structure, or other such improvement shall be deemed to be other than a part of the real property solely because of the right or obligation of a tenant to remove such building, structure or improvement at the expiration of his term. The City of Round Rock will pay such tenant the fair value of the building, structure, or im- provement which shall be determined as the greater of (1) the contributive fair market value of the improvement to the fair market value of the real property to be acquired; or (2) the fair market value of the improvement for removal from the property. Such payment will not result in duplication of any payments otherwise authorized by law. Also, before such payment is made, the owner of the real property involved shall in writing disclaim any interest in the improvements of the lessee; and the lessee in consideration for such payment shall assign,transfer, and release to the City of Round Rock all his right, title, and interest in and to such improvements. No provision in this section shall be construed to deprive the lessee of his right to reject such payments and to obtain payment of just compensation for his property interests as otherwise defined by law. Section 3: The City of Round. Rock will reimburse the owners of property acquired as soon as possible after the property has been purchased or compensation awarded under condemnation with respect to the following expenses: (1) recording fees, transfer taxes, and similar expenses incidental to conveying such real property to the City of Round Rock. (2) penalty costs for prepayment of any preexisting recorded mortgage entered into in good faith encumbering such real property; and (3)a pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the City of Round Rock or the effective date of possession of such real property by the City of Round Rock, whichever is the earlier. Section 4: In condemnation cases undertaken by the City of Round Rock, the City will reimburse the owner of the property, for reasonable legal;, appraisal and engineering fees actually incurred, where the lawsuit is abandoned or. the court decides there was no right to take the property. PASSED AND APPROVED THIS THE ,/A day of i, APPROVED: ATTEST:: City, cretary ,197/.