Res 2466 2/26/1980RESOLUTION NO. ___
A RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF
PROPERTY FOR A "MIDTOWN 2000" IMPROVEMENT PROJECT,
AUTHORIZING EMPLOYMENT OF APPRAISERS , AND ESTABLISHING
LAND ACQUISITION POLICY.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS,TEXAS, THAT:
Section 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:
All of Lot 13, Block 98, Original Townsite of
Wichita Falls , Texas .
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SECTION 2. The City Manager is hereby authorized to employ appraisethepropertybeingacquiredforthTiidtown2000" improvement rproject
SECTION 3. The following procedures shall be used in the acquisitionofpropertiesforthe "Midtown 2000" improvement project, the objectives of which'
are to insure that uniform, fair and equitable treatment be afforded persons dis-placed as a result of this federally assisted project, to encourage and expediteacquisitionbyagreementswithpropertyownerstoavoidlitigationandrelievecongestionincourts,
to assure consistent treatment for owners of real propertytobesoacquired,
and to promote public confidence in federal land acquisition:
A. The City shall make every reasonable effort to acquire such realpropertyexpeditiouslybynegotiation.
B. Real property shall be appraised before the initiation of negotia-tions,
and the owner or his representative designated in writing shall be givenanopportunitytoaccompanytheappraiserduringhisinspectionoftheproperty.
C. Before the initiation of negotiations for the acquisition of suchrealproperty, the City shall offer to acquire the property for the full amountsoestablished,
which shall be not less than the approved appraisal of the fairmarketvalueoftheproperty. The owner shall bementoftheBasisforDeterminationofJust
Compensational Ift
only waiportionAofthepropertyisacquired, the Statement shall make an apportionment between thecompensationforthepropertyacquiredandthenetdamagesorbenefitstotheremainingproperty.
D. If the acquisition of a portion of a property would leave theownerwithanuneconomicremnant, the City will offer to acquire such uneconomicremnant.
E. If the owner is not satisfied with the City's offer, he may refusetoacceptit; if he can provide evidence concerning value or damage that warrantsachangeintheCity's determination of just compensation, the price will beadjustedaccordinglybytheappraiser.
F. No owner shall be required to surrender possession of real propertybeforetheCitypaystheagreedpurchaseprice, or deposits with the court in1whichtheCityhasinstitutedacondemnationproceedingforsuchproperty, fort.he benefit of the owner, an amount not less than the fair market value of suchProperty, or the amount of the award of compensation in the condemnation pro-ceeding for such property.
G. The City shall furnish the owner a statement identifying thesettlementandrelatedcoststhatwillbepaidbytheCity.
H. The construction or development of a project shall be so scheduledthatnopersonlawfullyoccupyingrealadwellinPropertyshallberequiredtomovefromg (assuming a replacement dwelling will be available) or to move hisbusinessorfarmoperation,
without at least 90 days written notice from the Cityofthedatebywhichsuchmoveisrequired. However, shorter notice may begivenwhereTHUDdeterminesthatsuch90daynoticeisimpracticable.
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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 onshorternotice, the rental will not exceed the lesser of (1) the fair rentalvalueofthepropertytoashort-term occupier, (2) the pro rata portion of thefairrental, value for a typical rental period, or if the owner or his tenant isanoccupantofadwelling, the rental for such dwelling shall not exceed 25% of ; ' 1 his income.
J. The City shall not advance the time of condemnation or defer nego- ' 1tiationsorcondemnationandthedepositoffundsincourtfortheuseoftheowner, or take any other action which is coercive or misleading in nature inordertocompelanagreementonthepricetobepaidfortheproperty.
K. If any interest in real property is to be acquired by the exercise 1ofthepowerofeminentdomain, the City shall institute formal condemnation i IIproceedingstoprovethefactofthetakingofrealproperty. I
L. In any case in which a notice is served by the City of its inten!tion 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 26th day of February, 1980
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MAY O R p.„,
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ATTEST:
CITY CLERK
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