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File #: 2024-111   
Type: Resolution Status: Agenda Ready
File created: 4/22/2024 In control: City Council
On agenda: 5/9/2024 Final action: 5/9/2024
Title: Consider a resolution determining the necessity and authorizing the use of the City’s power of eminent domain to acquire a 0.1872 acre parcel from property owned by Weed Instrument Co. Inc., a Texas Corporation doing business as Ultra Electronics, Nuclear Sensors & Process Instrumentation required for the N. Mays Gap construction project.
Attachments: 1. Resolution, 2. Exhibit A, 3. Map

Title

Consider a resolution determining the necessity and authorizing the use of the City’s power of eminent domain to acquire a 0.1872 acre parcel from property owned by Weed Instrument Co. Inc., a Texas Corporation doing business as Ultra Electronics, Nuclear Sensors & Process Instrumentation required for the N. Mays Gap construction project.

Body

The City's current appraised value and purchase offer for this parcel is $147,020. The owner made a counteroffer proposal of $500,000 without adequate support, which was rejected for recommendation by the Transportation Director.

 

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:

 

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“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 improvements to the N. Mays Extension Project: a 0.1872-acre tract of land from property owned by Weed Instrument Co. Inc., a Texas Corporation doing business as Ultra Electronics, Nuclear Sensors & Process Instrumentation, as described in Exhibit A of the resolution.”