Title
Consider a resolution determining the necessity and authorizing the use of the City’s power of eminent domain to acquire 0.976 acre in fee simple, 0.551 acre wastewater easement, and 0.220 acre temporary construction easement from land owned by CSTX USX Accommodation, LLC required for construction of the CR 118 Road and Utility Improvements Project.
Body
The City's original appraised value for these parcels required for the CR118 Road and Utility Project is $583,393. There has been no response to the City's initial offer (May 6, 2026) or final offer (August 26, 2026) to voluntarily purchase the required property. The owners are represented by attorney Julie Barry.
This resolution reserves the City's right to use eminent domain to acquire these tracts 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, a wastewater easement, and a temporary construction easement to the following parcels of land for construction of proposed improvements to the County Road 118 Project: a 0.976-acre tract, 0.551 acre tract, and a 0.220 acre tract from property owned by CSTX USX Accommodation, LLC, as described in Exhibit A of the resolution.”