Ord 45-2023 Condemnation of 100 Central East Freeway for Construction of Public Park 08/01/2023 Ordinance No. 45-2023
Ordinance of the City of Wichita Falls, Texas Determining the
Necessity of Acquiring Real Property for the Construction of a Public
Park on Property Located at 100 Central East Freeway, owned by
Wichita Falls Hospitality, Inc.; Authorizing Appropriation of the Real
Property and/or the Use of the Power of Eminent Domain to Acquire
the Real Property for Public Use; and Delegating Authority to Initiate
Condemnation Proceedings to the City Manager
WHEREAS, the City of Wichita Falls is a home-rule municipality acting under its
Charter pursuant to Article XI, Section 5 of the Texas Constitution and Section 251 .001
of the Texas Local Government Code; and,
WHEREAS, the property located at 100 Central East Freeway acts as a gateway
for the City of Wichita Falls; and,
WHEREAS, the City of Wichita Falls needs the property located at 100 Central
East Freeway for the purpose of a public park (herein referred to as "Project" and shown
on Exhibit A); and,
WHEREAS, the Project will require the acquisition of an approximate 12.66 acres
of land at 100 Central East Freeway; and,
WHEREAS, upon consideration of this matter and for construction and
maintenance of the Project, the City Council has determined that there is a public need
and necessity for the health, safety, and welfare of the City of Wichita Falls ("City") and
the public at large (the "Public Uses") to acquire fee simple title (the "Real Property
Interests") on and across the property as described and depicted in Exhibit B (100
Central East Freeway); and,
WHEREAS, the City Council has investigated and determined that the Project
constitutes a public use for a public purpose; and,
WHEREAS, the City Council finds that the descriptions of the Real Property
Interests for acquisition on and across the Property by eminent domain for the Project
comply with applicable law in that the same identifies the Property that will be used by the
City for the Project in a way that provides the property owners reasonable notice that the
owner's property may be subject to condemnation proceedings during the planning or
construction of the Project; and,
WHEREAS, the City is required to make a bona fide offer, as defined by and in
compliance with Texas Property Code Section 21 .0113, to acquire the Real Property
Interests on and across the Property for Public Use, voluntarily, from the subject
landowners prior to moving forward with the acquisition by eminent domain.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
Section 1. The City Council hereby finds and determines that the recitals made in the
preamble of this Ordinance are true and correct and incorporates such recitals in the body
of this Ordinance as if copied in their entirety.
Section 2. The City Council hereby finds and determines that a public use and a necessity
exists for the Public Use and authorizes the acquisition of the necessary Real Property
Interests on and across the Property for such purposes, as allowed by law, together with
all necessary appurtenances, additions, and improvements on, over, under and through
that certain lot, tract, or parcel of land.
Section 3. The City Council authorizes the City Manager to negotiate for and to acquire
the required Real Property Interests on and across the Property for the City, and to
acquire said rights in compliance with State and any other applicable law, including
Chapter 21 of the Texas Property Code. Moreover, the City Manager is specifically
authorized and directed to do each and every act necessary to acquire the needed Real
Property Interests on and across the Property including, but not limited to, the authority
to negotiate, give notices, make written offers to purchase, to retain and designate a
qualified appraiser to determine the just compensation for the acquisition of the Real
Property Interests on and across the Property being acquired, as well as any other experts
or consultants the City Manager deems necessary for the acquisition process and, if
necessary, to institute proceedings in eminent domain.
Section 4. The City Manager or designee is appointed as negotiator for the acquisition
of the needed Real Property Interests and, as such, the City Manager is authorized and
directed to do each and every act and deed hereinabove specified or authorized by
reference, subject to the availability of funds appropriated by the City Council for such
purpose. Additionally, if the City Manager determines that an agreement as to damages
or compensation cannot be reached after making a bona fide offer, then the City Attorney
is hereby authorized and directed to file, or cause to be filed, against the owner(s) and
interested parties of the needed Real Property Interests on and across the Property,
proceedings in eminent domain to acquire the above-stated Real Property Interests on
and across the Property.
Section 5. Should any word, sentence, clause, paragraph, or provision of this ordinance
be held to be invalid or unconstitutional, the remaining provisions of this Ordinance shall
remain in full force and effect.
Section 6. This Ordinance shall become effective from and after its date of passage and
as permitted by law.
PASSED AND APPROVED this the 1st day of August 2023.
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MAYOR
ATTEST:
ate,&NA/k
Cit Clerk 0
Exhibit A
Project
Park at the Falls
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Exhibit B
Real Property Interests
Property Description
Lot 1, Block B-1 Scotland Gardens Addition, pursuant to the amended final plat of record
in Volume 26, Pages 215-216 W.C.P.R. containing 12.655 acres more or less
Exhibit B
Real Property Interests
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Real Property Interests
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