HomeMy WebLinkAboutRes 2019-01-536 McCoy Wells property Eminent DomainCITY OF ANNA, TEXAS
RESOLUTION NO.��
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, FINDING AND DETERMINING THAT A PUBLIC NECESSITY
EXISTS FOR ACQUISITION OF APPROXIMATELY 2.03± ACRES OF
REAL PROPERTY FOR MUNICIPAL PUBLIC USE; AUTHORIZING
AND ORDERING THE CITY MANAGER, CITY STAFF,
CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID
PROPERTY BY ANY LAWFUL MEANS, INCLUDING BUT NOT
LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS
IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Anna plans to construct municipal facilities on surrounding
grounds to meet the public need to conduct its governmental functions to benefit the City of
Anna, its citizens and the general health, safety and welfare; and
WHEREAS, it is necessary to acquire fee simple ownership of certain real property not
now owned by the City of Anna, said real property being adjacent to certain property owned by
the City of Anna for such municipal facilities, which are hereby found to be a municipal purpose
and public use; and
WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the
acquisition of said real property and/or to pursue acquisition of said real property under power of
eminent domain; and
WHEREAS, the City Council of the City of Anna, Texas ("City Council"), after careful
consideration, finds that a public necessity exists for acquisition of approximately 2.03± acres of
real property, which is more particularly described in Section 2 of this resolution, for the
purposes of construction, installation, maintenance, replacement, and/or repair of municipal
facilities for public use benefiting the public health, safety and welfare; and
WHEREAS, on this 22nd day of January 2019, at a regular meeting of the City Council,
upon Motion of Councilmember �k�' , to wit:
I move that the City of Anna adopt this resolution and authorize the use of the power- of
eminent domain to acquire a fee simple interest in 2.03+ acres of land for municipal facilities and
related public purposes. Said fee simple interest to be acquired is described and depicted in
Exhibit A attached to this Resolution. Said tract is 2.03± acres of land in the City of Anna, Collin
County, Texas, shown as Anna Original Donation (Can), Block 2, Lot 1-5 8 9 & ABS -71 Henry
Brantley Survey Tract 147.
Seconded by Councilmember: Hille
CITY OF ANNA, TEXAS RESOLUTION NO. E 3('' PAGE 1 OF 3
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ANNA, TEXAS:
Section 1. Incorporation of Recitals; Purpose
1.01 The City Council finds that the above -stated recitals are true and correct and said
recitals are incorporated herein as if set forth in full for all purposes.
1.02 This resolution is intended to comply in all respects with Texas Government Code
§ 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code
§ 2 1. 001 et seq., to the extent the provisions of such statutes are applicable.
1.03 The City Council, by this Resolution, intends, if an agreed sale cannot be
negotiated, to exercise the City's powers of eminent domain under Texas Local Government
Code § 25 1. 001 and any and all other applicable statutes.
Section 2. Real Property to be Acquired
The necessary real property sought to be acquired in fee simple is approximately 2.03±
acres of real property (the "Property"), held by Joiner Construction Company, Inc. and/or others.
Said approximate 2.03± acres of real property is located, depicted and described in Exhibit A,
attached to this Resolution and incorporated herein by reference as if fully set forth for all
purposes.
Section 3. Finding of Public Necessity and Authorization to Take Action
3.01 The City Council finds a public necessity for the public welfare and
convenience to acquire the real property identified in Section 2, above, for the purpose of
constructing, maintaining, repairing, using and/or replacing municipal facilities and for
municipal public use of surrounding grounds. The City Council authorizes the City Manager,
City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys,
and any special counsel hired by the City under the direction of Wolfe, Tidwell & McCoy, LLP,
to acquire the needed Property by any lawful means including but not limited to negotiations
with landowners and, if necessary, proceedings in eminent domain.
3.02 The City Council by this resolution orders and directs the City Manager, his staff,
and Wolfe, Tidwell & McCoy, LLP, attorneys—as necessary and in the appropriate sequence—
to have the Property appraised by a certified appraiser, to send the landowner(s) a copy of the
appraisal and the landowner's bill of rights statement, to enter into good -faith negotiations with
the landowner(s), to make a bona -fide offer and make any necessary initial and final monetary
offers in an attempt to acquire the Property in fee simple title consistent with the appraisal(s),
when appropriate, to convey the City's desire to acquire the Property in an efficient manner, and,
if necessary, to institute proceedings in eminent domain and take all necessary actions in such
proceedings to condemn and acquire the Property. The City Council hereby authorizes and
ratifies any such actions taken thus far, and hereby further asserts its full authority, to the greatest
extent provided by law, to acquire the Property identified in Section 2, above.
CITY OF ANNA, TEXAS RESOLUTION NO.,q2& PAGE 2 OF 3
Section 4. Effective Date.
This Resolution shall take effect immediately upon its passage.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, this 22nd day of
January 2019.
ATTESTED: �+u+ui�w,,,APPROVED:
City Secretary, Carrie L. Smith Mayor, Nate Pike
CITY OF ANNA, TEXAS RESOLUTION NO. a PAGE 3 OF 3
EXHIBIT A — Resolution No.
Description/Depiction of Property to be Acquired in City of Anna, Collin County, Texas
CITY OF ANNA, TEXAS EXKWIT A -RESOLUTION NO. �j