Res 2731 2/17/1981RESOLUTION (41/1
A RESOLUTION DETERMINING NECESSITY FOR ACQUISITION
OF PROPERTY FOR MIDTOWN "2000" IMPROVEMENT PROJECT
AUTHORIZING EMPLOYMENT OF APPRAISERS, AND ETABLISH-
ING LAND ACQUISITION POLICY.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
Section No. 1 It is. necessary to acquire the following described tracts of
land for the Midtown "2000" Improvement Project under the Community Develop-
ment Block Grant Program, to wit:
MIDTOWN "2000"
Parking Lot
Lot 11, Block 176, Original Townsite
Wichita Falls, Wichita County, Texas
Section No. 2 The City Manager is hereby authorized to employ appraisers to
appraise the property being acquired for the Midtown "2000" Improvement Project.
Section No. 3 The following procedures shall be used in the acquisition of
properties for the Midtown "2000" Improvement Project, the objectives of which
are to to insure that uniform, fair and equitable treatment be afforded persons
displaced as a result of this federally assisted project, to encourage and ex-
pedite acquisition by agreements with property owners to avoid litigation and
relieve congestion in courts, to assure consistent treatment for owners of real
property to be so acquired, and to promote public confidence in federal land
acquisition:
A. The City shall make every reasonable effort to acquire such real property
expeditiously by negotiation.
B. Real property shall be appraised before the initiation of negotiations, and
the owner or his representative designated in writing shall be given an opport-
unity to accompany the appraiser during his inspection of the property.
C. Before the initiation of negotiations for the acquisition of such real prop-
erty,erty,the City shall offer to acquire the property for the full amount so estab-
lished, which shall be not less than the approved appraisal of the fair market
value of the property. The owner shall be provided with a written statement of
the basis for determination of just compensation. If only a portion of the prop-
erty is acquired, the statement shall make an apportionment between the compen-
sation for the property acquired and the net damages or benefits to the remaining
property.
D. If the acquisition of a portion of a property would leave the owner with an
uneconomic remanant, the City will offer to acquire such uneconomic remanant.
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Agenda Item No
E. If the owner is not satisfied with the City's offer, he may refuse to accept
it; if he can provide evidence concerning value or damage that warrants a change
in the City's determination of just compensation, the price will be adjusted accord-
ingly by the appraiser.
F. No owner shall be required to surrender possession of real property before
the City pays gastheagreed purchase price, or deposits with the court in which the
City has instituted a condemnation proceeding for such property, for the benefit
of the owner, an amount not less than the fair market value of such property, or
the amount of the award of compensation in the condemnation proceeding for such
property.
G. The City shall furnish the owner a statement identifying the settlement and
related costs that will be paid by the City.
H. The construction or development of a project shall be so scheduled that no
person lawfully occupying real property shall be required to move from a dwell-
ing (assuming a replacement dwelling will be available) or to move his business
or farm operation, without at least 90 days written notice from the City of the
date by which such move is required. However, shorter notice may be given where
HUD determines that such 90 day notice is impracticable.
I. If arrangements are made to rent the property to an owner or his tenant for
a short term or for a period subject to termination by the City on shorter notice,
the rental will not exceed the less of (1) the fair rental value of the property to
a short-term occupier, (2) the pro-rata portion of the fair rental value for a
typical rental period, or if the owner or his tenant is an occupant of a dwelling,
the rental for such dwelling shall not exceed 25% of his income.
J. The City shall not advance the time of condemnation or defer negotiations or
condemnation and the deposit of funds in court for the use of the owner, or take
any other action which is coercive or misleading in nature in order to compel an
agreement on the price to be paid for the property.
K. If any interest in real property is to be acquired by the exercise of the power
of eminent domain, the City shall institute formal condemnation proceedings to prove
the fact of the taking of real property.
L. In any case in which a notice is served by the City of its intention to acquire
real property, initiation of negotiations shall occur within 90 days of the service
of such notice of intention.
PASSED AND APPROVED THIS THE //' .—DAY OF
ATTEST: MAYOR
City Clerk
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Agenda Item No
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