Title
Consider a resolution determining the necessity and authorizing the use of the City’s power of eminent domain to acquire a subsurface raw water line easement in and to 0.414 acre of land owned by Samir N. Seth and Anja Seth for the construction of raw water line utility improvements to and for the regional water treatment and distribution system of the Brushy Creek Regional Utility Authority, Inc. and its participating cities, and take other appropriate action (Parcel 48).
Body
The BCRUA’s appraised value by Paul Hornsby & Co. for the proposed easement acquisition is calculated as follows: 0.414 ac/18,034 SF x $140K ac./$3.21 SF x 10% easement rights = $5,796
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 a subsurface raw water line easement to the following parcel of land for construction of raw water line utility improvements to and for the regional water treatment and distribution system of the Brushy Creek Regional Utility Authority, Inc. and its participating cities: a 0.414-acre tract of land from property owned by Samir N. Seth and Anja Seth, as described in Exhibit A of the resolution."