Res 2490 4/1/1980RESOLUTION NO. Ilifo
A RESOLUTION DETERMINING NECESSITY FOR ACQUISITION
OF PROPERTY FOR THE WICHITA RIVER GREENBELT PROJECT
AUTHORIZING EMPLOYMENT OF APPRAISERS AND ESTABLISH-
ING LAND ACQUISITION POLICY.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, 1TEXAS, THAT:
Section No. 1 It is necessary to acquire the following described tract of
land for the Wichita River Greenbelt improvement project under the Community
Development Block Grant Program, to wit: 1:1
Eight (8) Acres, Tract No. 63
J. A. Scott Survey No. 17, Abstract 298 1
Section No. 2 The City Manager is hereby authorized to employ appraisers
to appraise the property being acquired for the Wichita River Greenbelt improve-1 . I,
ment project.
Section No. 3 The following procedures shall be used in the acquisition of :1
properties for the Wichita River Greenbelt improvement project, the objectives of !
which are to insure that uniform, fair and equitable treatment be afforded persons i Adisplacedasaresultofthisfederallyassistedproject, to encourage and expe
dite acquisition by agreements with property owners to avoid litigation and re-
lieve congestion in courts, to assure consistent treatment for owners of real
property to be so acquired, and to. promote public confidence In federal land ad-
quisition:
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 given
an opportunity to accompany the appraiser during his inspection of the property.
C. Before the initiation of negotiations for the acquisition of suchrealproperty, the City shall offer to acquire the property for the full amount 'so established, which shall be not less than the approved appraisal of the fairmarketvalueoftheproperty . The owner shall be provided with a written State-ment of the Basis for Determination of Just Compensation. If only a portion ofthepropertyisacquired, 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, thejadjustedaccordinglybyappraiser.accordin 1 b the a
price will be
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F. No owner shall be required to surrender possession of real propertybeforetheCitypaystheagreedpurchaseprice, or deposits with the court inwhichtheCityhasinstitutedacondemnationproceedingforsuchproperty, forthebenefitoftheowner, 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 scheduledthatnopersonlawfullyoccupyingrealpropertyshallberequiredtomovefromadwelling (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 begivenwhereHUDdeterminesthatsuch90daynoticeisimpracticable.
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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 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 thefairrentalvalueforatypicalrentalperiod, or if the owner or his tenant isanoccupantofadwelling, the rental for such dwelling shall not exceed 2SX ofhisincome.
J. The City shall not advance the time of condemnation or defer nego-
tiations or condemnation and the deposit of funds in court for the use of theowner, or take any other action which is coercive or misleading in nature in I ;order to compel an agreement on the price to beP paid for the property.
IK. If any interest in real property is to be acquired by the exerci eofthepowerofeminentdomain, the City shall institute formal condemnation
proceedings to prove the fact of the taking of real property.P Y•
L. In any case in which a notice is served by the City of its inten-itiontoacquirerealproperty, initiation of negotiations shall occur within 0daysofytheserviceofsuchnoticeofintention. I
PASSED AND APPROVED THIS THE 1st day of April 1980 I
II
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