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Res 2482 3/25/1980RESOLUTION NO. 41442 A RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR THE 1980 COMMUNITY DEVELOPMENT ASSESSMENT PAVING PROGRAM AND AUTHORIZING EMPLOY- MENT OF APPRAISERS, AND ESTABLISHING A LAND ACQUI- SITfON 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 1980 Assessment Paving under the Community Development Block Grant Program, to wit: 1980 Community Development Assessment Paving Program E. 4' of Lot 5 and 6,Block 159 Original Town- site, Wichita Falls , Texas E. 4' of Lot 6 and 7, Block 159 Original Town- site, Wichita Falls, Texas. Block 180, Tract of land out of J.A. Scott Survey No. 15, Abstract 307, Vol . 1151 , Page 539. Tract of land out of J.A. Scott Survey No. 15, Abstract 307, Vol . 670, Page 435 Section No. 2 The City Manager is hereby authorized to employ appraisers to appraise the property being acquired for the 1980 Community Development Assess- ment Paving Program improvement project. Section No. 3 The following procedures shall be used in the acquisition of properties for the 1980 Community Development paving improvemetn project, the objective of which are to insure that uniform, fair and equitable treatment be afforeded persons displaced as a result of this federally assisted project, to encourage and expedite 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 prop- erty expeditiously by negotiation. r 2- B. Real property shall be appraised before the initiation of negotiations,and the owner or his representative designated in writing shall he given an oppor-tunity to accompany the appraiser during his inspection of the property. C. Before the initiation of negotiations for the acquisition of such realproperty, the City shall establish an amount it believes to be just compensationtherefor; promptly thereafter the City shall offer to acquireuire thefullamountsoestablished, which shall be not less than approved appraisal of the property for the fair market value of the PP Property. The owner shall be provided with a writtenStatementoftheBasisforDeterminationofJustCompensation. If only a portion ofthepropertyisacquired, the Statement shall make an apportionment between the com- pensation for the property acquired and the net damages or benefits to the remainingproperty. D. If the acquisition of a portion of a property would leave the owner withanuneconomicremnant, the City will offer to acquire such uneconomic remnant. E. If the owner is not satisfied with the City's offer, he may refuse toacceptit; if he can provide evidence concerning value or damage that warrants achangeintheCity's determination of just compensation, the price will be adjustedaccordinglybytheappraiser. F. No owner shall be required to surrender possession of real propertybeforetheCitypaystheagreedpurchaseprice, or deposits with the court in whichtheCityhasinstitutedacondemnationproceedingforsuchproperty, for the benefitoftheowner, 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 settlementandrelatedcoststhatwillbepaidbytheCity. 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 adwelling (assuming a replacement dwelling will be available)lei or to move his businessorfarmoperation, without at least 9(1 days written notice from the City of the datebywhichsuchmoveisrequired . However, shorter notice may be given where HUDdeterminesthatsuch90daynoticeisimpracticable. 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 rental valueofthepropertytoashort-term occupier, (2) the pro rata portion of the fairrentalvalueforatypicalrentalperiod , or if the owner or his tenant is anoccupantofadwelling, the rental for such dwelling shall not exceed 25% of hisincome. J. The City shall not advance the time of condemnation or defer negoti- ations 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 ofthepowerofeminentdomain, the City shall institute formal condemnation proceedingstoprovethefactofthetakingofrealproperty. L. In any case in which a notice is served by the City of its intention toacquirerealproperty, initiation of negotiations shall occur within 90 days of theserviceofsuchnoticeofintention. PASSED AND APPROVED this the 25th _day of March 1989 • . • ATTEST: 7/74;->le.z7d .S.4-P D s • M A Y O R C7 -.J%Y CITY CLERK y..