HomeMy WebLinkAboutR80-195I CITY OF PLAINVIEW i
RESOLUTION NO. R80-195
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW,
TEXAS ESTABLISHING LAND ACQUISITION POLICY AND PROCEDURES,
AND THE INTENT TO ACQUIRE CERTAIN PARCELS IN CONJUNCTION
WITH THE 1978-80 COMMUNITY DEVELOPMENT STORM DRAINAGE
PROJECT.
WHEREAS, the City Council is vitally concerned with efficient
execution of the Community Development Projects under its jurisdiction;
and
WHEREAS, the City Council has determined that it is beneficial to
set forth certain policy and procedures for staff guidance tn adhering
to land acquisition; and
WHEREAS, in keeping with policy and procedures consistent with HUD
and applicable statutes governing acquisition of property for Community
Development Programs, the City of Plainview has ~adopted ithe
General Land Acquisition Policy and Procedures:
1. The City of Plainview will make every reasonable effort to
acquire each property by negotiated purchase before instituting eminent
domain proceedings against the property.
2. The City of Plainview will not require any owner to surrender the
right to possession of his property until the City pays, or causes to be
paid, to the owner the agreed purchase price arrived at by negotiation.
3. The City of Plainview will not require any person lawfully
occupying property to surrender possession without at least ninety (90)
days written notice from the City, of the date on which possession will
be required; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and the City Council
of the City of Plainview that the following procedures be adopted and
the following parcels as listed in section 4 be acquired for the Community
Development Storm Drainage Program:
Section 1. Period of Negotiation and Final Offer Requirements. A. ..~egotiation Period
(1) The City of Plainview shall make a diligent, conscientious
effort to~inc]:ude the owner to accept a fair and proper price for his
property.
(2) It is hereby determined that the normal period of initial
negotiations need not exceed forty-five (45) days.
(3) Should the City staff member feel that an impasse has been
reached, he shall immediately prepare for the City Manager's signature
the final notice stipulated in Section 1-B hereof.
CITY OF PLAINVIEW
RESOLUTION No. R80-195
Con't
O0 039
B. Final Notice
(1) When efforts to negotiate have been unsuccessful, the City
shall prepare for the City Manager's signature, a notice making a final
offer to the owner in writing.
(2) This final offer shall include an invitation to discuss acquisition
of the property with the City Manager, afford a reasonable period of time
for the owner to accept or reject the invitation, and include a notification
of the date on which the City intends to institute eminent domain proceed-
ings if agreement cannot be reached on the purchase of the property within
the time specified.
Section 2. Institution of Condemnation Proceedings
A. To avoid delay in the timely filing of condemnation proceedings
due to failure of nogotiations to effect acquisition, the City Manager is
authorized and instructed to notify the City Attorney to institute
condemnation proceedings for acquisition of any property, provided the
a~ov~ requirements have been met.
B. The City Manager is further authorized and instructed to
institute condemnation proceedings for any property that must be
acquired by condemnation for curative title purposes.
C. A report of any and all such actions taken by the City Manager
shall be presented to the City Council at the neXt Regular Meeting for
ratification.
Section 3. Maintenance of Records
A. The City shall maintain records of its negotiations and other
actions.
B. As evidence of the Departments adherence to this policy and HUD
requirements, the Community Development staff members serving as negotiators
shall maintain individual records of all negotiation with individual
property owners.
Section 4. Des49nation..of Property to be Acquired
Ae
Tract 7:
(1) Owner: Hawkins Supply Company, Inc.
(2) Legal Description:
(a) Lots 15, 16, 17 & 18, Block 8, Nob Hill Addition,
Plainview, Texas.
Tract 8:
(1) Owner: A. L. Higgins
(2) Legal Description:
(a) Lot 1, Block 4, Nob Hill Addition, Plainview, Texas.
I CITY OF PLAINVIEW
O0
RESOLUTION NO. R80-195
Cont'd.
Section 4., cont'd.
C~
Tract '~ 9:
(1) Owner: Charles H. Keffer Estate
(2) Legal Description:
(a) Lots 10 & 11, Block 4, Nob Hill Addition, Plainview,
Texas.
(b) A 7200 Square foot tract out of Lots 10 and ll, Block
4, Nob Hill Addition, Plainview, Hale County, Texas:
BEGINNING at a point in the south line and 7.02 feet west
of the S.E. corner of Lot 10, Block 4, Nob Hill Addition,
Plainview, Hale County, Texas;
THENCE West, 60.42 feet to a 5/8 inch steel rod;
THENCE N.6°49'16"E., 130.93 feet along a line parallel
and 50.0 feet southeasterly of the center-line of the
Santa Fe Railroad to a point in the North line of Lot 11;
THENCE East, at 1.89 feet pass the N. E. corner of Lot
11, in all 50.36 feet to a point;
THENCE S.2°25'06"W., 130.12 feet to the point of
beginning and containing 7200 square feet.
De
Tract 1 O:
(1) Owner: Higgins Gin Company
(2) Legal Description:
(a) East part Lot 6, all Lot 5, Block 17, McClelland
Addition, Plainview, Texas.
(b) A 7755 square f.oot tract out of Lots 5 & 6, Block 17,
McClelland Addition, Plainview, Hale County, Texas:
BEGINNING at a point in the north line and 18.98 feet
west of the N.E. corner of Lot 5, Block 17, McClelland
Addition, Plainview, Hale County, Texas;
THENCE West, 60.42 feet to a 5/8 inch steel rod;
THENCE S.6°49'16"W., 141.O feet along a line parallel
and 50.0 feet southeasterly of the center line of the
Santa Fe Railroad to a point in the South line of Lot
6, of said block;
THENCE East, at 44.14 feet pass the S.E. corner of Lot
6, in all 50.36 feet to a point;
THENCE N.lO°50'27"E., 142.54 feet to the point of
beginning and containing 7755 square feet.
~CITY OF PLAINVIEW ~
PASSED AND APPROVED this the 8th day of January, 1980.
ATTEST:
~LTER S. DODSON, City Clerk