Title
Consider a resolution determining the necessity and authorizing the use of the City’s power of eminent domain to acquire six parcels of land totaling 1.082 acres of land owned by the Estates of Settlers Park Owners Association, Inc. required for construction of the Kenney Fort Boulevard, Segment 5 Road Improvements Project.
Body
The City's original appraised value for these six parcels is $453,915 ($348,777 land + $105,138 improvements). There has been no response to the City's initial offer (August 6, 2026) or final offer (September 10, 2026) from the Estates of Settlers Park Owners Association to voluntarily purchase the required property for the Kenney Fort Boulevard, Segment 5 Road Improvement Project.
This resolution reserves the City's right to use eminent domain to acquire this tract should it become necessary.
EMINENT DOMAIN MOTION LANGUAGE REQUIREMENTS
Mayor and 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:
“I move that the City Council approve this resolution which authorizes the use of the power of eminent domain to acquire fee simple title to six parcels of land for construction of proposed improvements to the Kenney Fort Blvd. (Seg. 5) Road Project: a total of 1.082 acres of land from property owned by Estates of Settlers Park Owners Association, Inc., as described in Exhibit A of the resolution.”