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 0.125 acre of land from property owned by Robert Harold Behrens, required for the proposed Red Bud South Improvement Project.
Body
This property is required for construction of widening improvements to Red Bud South. The property is designated as Parcel 9. Despite multiple correspondence with the landowner, no response or monetary purchase proposal has been received in response to the City's initial offer of $144,213 (10/3/22) or final offer (12/13/22).
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 improvements to the Red Bud South Project: a 0.125-acre of land from property owned by Robert Harold Behrens, as described in Exhibit A of the resolution.”