Title
Consider a resolution determining the necessity and authorizing the use of the City’s power of eminent domain to acquire fee simple title to 2.322 acres of land from property owned by the Heirs of Kenneth W., Burge, deceased, required for the proposed Old Settlers Blvd. Extension Project.
Body
This property is required for construction of extension improvements to Old Settlers Blvd. The City initially began negotiations for purchase with Kenneth Burge, who passed away prior to completion. The city has made a formal appraised value purchase offer to the heirs of Mr. Burge in the amount of $1,145,184 for acquisition of the right of way area, and has also made an alternate offer (no condemnation) of $1.7M to purchase the entire property. No acceptable monetary purchase proposal has been received in response to the City's initial offer (2.8.23) or final offer (3.14.23).
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 the following parcel of land for construction of proposed Old Settlers Boulevard Extension Project: a 2.322-acre tract of land from property owned by the Heirs of Kenneth W. Burge, deceased, as described in Exhibit A of the resolution.”