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File #: 2018-6118   
Type: Resolution Status: Approved
File created: 11/5/2018 In control: City Council
On agenda: 11/20/2018 Final action: 11/20/2018
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 1.93-acre tract from property owned by John N. Paul for the construction of certain roadway improvements to Kenney Fort Boulevard and take other appropriate action (Parcel 6).
Attachments: 1. Resolution, 2. Exhibit A

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 1.93-acre tract from property owned by John N. Paul for the construction of certain roadway improvements to Kenney Fort Boulevard and take other appropriate action (Parcel 6).

 

Body

The owner has not provided any response to our initial offer made on 9.6.18. The final offer is going to be sent 11.6.18.

 

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 Kenney Fort Blvd. Project: a 1.93-acre tract from property owned by John N. Paul, as described in Exhibit A of the resolution.