G-07-09-13-10G1 - 9/13/2007 ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF
ROUND ROCK, DETERMINING A PUBLIC NEED AND NECESSITY
FOR THE ACQUISITION OF A FEE SIMPLE INTEREST IN AND
ANY IMPROVEMENTS ON APPROXIMATELY 12, 207 SQUARE FEET
OF LAND; GIVING NOTICE OF OFFICIAL DETERMINATION TO
ACQUIRE SAID PROPERTY TO CONSTRUCT, MAINTAIN, AND
OPERATE CITY OFFICE AND RELATED GOVERNMENT
FACILITIES, AND ASSOCIATED PUBLIC USE AND PURPOSES;
ESTABLISHING PROCEDURES FOR THE ACQUISITION OF SAID
PROPERTY; AUTHORIZING THE CITY ATTORNEY TO FILE
PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED
PROPERTY; AND PROVIDING AN EFFECTIVE DATE .
WHEREAS, the City Council, upon consideration of the matter,
has determined that there is a public necessity for the welfare and
continuing operation of the government of the City to construct
and/or maintain and otherwise operate office and related facilities
for the functions of city government in Round Rock, and to perform
associated public use and purposes ("Project" ) ; and
WHEREAS, in accordance with and for the purposes stated
above, the City Council hereby finds that it is a necessity and in
the public interest to acquire a fee simple interest in
approximately 12 , 207 square feet in Williamson County, Texas, with
any improvements attached thereto, from Christian Noel Marsh; said
property also known as 231 East Main Street; and
WHEREAS, it is necessary to establish procedures for
determining and approving just compensation for the Property to be
acquired for this Project .
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 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, maintain and operate
governmental office improvements in the City of Round Rock 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 Manager or his designated agent, is hereby
authorized on behalf of the City to attempt to contract, on behalf of
the City, professional surveyors and appraisers, as needed, to perform
professional services in connection with the Project and associated
public purposes, to negotiate, settle and agree on damages and
compensation to be paid to owners of any remaining 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 interested parties of any interest in the Property,
proceedings in eminent domain to acquire the stated interest in and to
the above described lands, in order to allow the City and/or its
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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
ordinance 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 ordinance 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 Ordinance are adopted and made a part of the body
of this Ordinance, as fully as if the same were set forth herein.
Section 5 . This Ordinance shall become effective immediately from
and after its approval .
II .
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
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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, 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.
READ, PASSED, and ADOPTED on first reading this day of
2007 .
Alternative 2 .
READ and APPROVED on first reading this the Yf day of
...3- 2007 .
READ, APPROVED and ADOPTED on second reading this the
day of , 1��.�A a�'.( ,`,' 2007 .
MAXWELL, Mayor
City of Round Rock, Texas
ATTEST:
CHRISTINE R. MARTINEZ
City Secretary
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DATE: September 6, 2007
SUBJECT: City Council Meeting - September 13, 2007
ITEM: 10G1. Consider an ordinance determining the public necessity for the
acquisition of property for a City facility, and if necessary,
authorizing the City Attorney to initiate eminent domain
proceedings to acquire this needed property from Christian Noel
Marsh. (231 East Main Street) (Second Reading)
Department: Administration
Staff Person: Jim Nuse, City Manager
Justification:
This property is located north of City Hall and the property is being proposed as a city
facility.
Funding•
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
This item has previously been discussed in Executive Sessions.
Public Comment: N/A