HomeMy WebLinkAboutR80-278 CITY OF PLAINVIEW
RESOLUTION NO. R80-278
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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 engineering consultants and the surveying consultants
have determined the appropriate location for the portion of the proposed east
drainage channel between'~misco Lake. and Running Water Draw; and
WHEREAS, the City Engineer has determined that there is an immediate need
to acquire that portion of the channel right-of-way, in order that, construction
may proceed in conjunction with the City of Plainview's 1979 Paving Project; and
WHEREAS, the acquisition of the storm drainage channel right-of-way will
eventually help alleviate the storm water runoff problem on the east side of
the City; 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 the following General Land Acquisition
Policy and Procedures:
1. The City of Plainview will make every reasonable effort to acquire
each property bM 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~
S. The City of Plainview will not require any person lawfully occupying
property to surrender possession without at least ninety (90) days written
n6tice 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. Negotiation Period
1) The City of Plainview shall make a diligent, conscientious effort
to ind~u~ the owner to accept a fair and proper price for his property.
2) It is hereby determined that the normal period of initial negotiation:
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.
RESOLUTION NO. R80-278
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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 proceedings
if agreement cannot be reached on the purchase of the property within the
.t:ime~spedi'fied.
Section 2. Institution~of Condemnation Proceedings
.A. To avoid delay in the timely filing of condemnation proceedings
due to failure of negotiations 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 above requirements
have been met.
B. The City Manager is further authroized 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.
Sed~ion 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
~equirements, the Community Development staff members serving:asnegotiators,
.shall maintain individual records of all negotiation with individual property
owners.
Section 4. Designation of-Property to be Acquired
A tract of land out of and being the East 100.0 feet of a 12.21
acre tract of land out of the N.E. part of the Poliet Smith
Homestead Survey, Hale County, Texas, and being more particularly
described as follows:
BEGINNING at a steel rod set 963.0 feet West and 25 feet South
of the Northeast corner of the Poliet Smith Homestead Survey,
Hale County, Texas, and for the Northeast corner of a 12~21
acre tract described in deed recorded in Vol. 429, Page 245,
Deed Records of Hale County, Texas;
THENCE S.89o41'10,,W. 100.0 feet along the North line of said 12.21
acre tract to a point;
RESOLUTION No. R80-278
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THENCE South 1,366.63 feet along a line 100 feet West from and
par'allel to the West line of a tract deeded to the City of
Plainview, Texas, described in Vol. 132, Page 448, Deed Records
of Hale County, Texas, to a point in the South line of said 12.21
acre tract;
THENCE S. 85o45'30"E. 100.27 feet along the South line of said
12.21 acre tract to a steel rod in the West line of said city
tract;
THENCE North 1,374.6 feet along the West line of said city
tract to the Place'of Beginning and containing 3.146 acres of
land.
PASSED AND APPROVED this the 10th day of June, 1980.
ATTEST:
WALTER S. DODSON, City Clerk