Res 2395 9/18/1979RESOLUTION NO. j39
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 Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 in Block 241,
Bean and Stone Subdivision, Original Townsite of Wichita Falls,
Texas.
All of Lots 3A, 6, and E 100' Lot 7 and W 50' Lot 7 in Block 98,
Original Townsite of Wichita Falls, Texas.
SECTION 2. The City Manager is hereby authorized to employ appraiserstoappraiseppsethepropertybeingacquiredforthe 'Midtown 2000" improvement project.
SECTION 3. The following procedures shall be used in the acquisition
of properties for the "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 expedite
acquisition by agreements with property owners to avoid litigation and relieve
congestion in courts, 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 real
property expeditiously by negotiation.
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 such
real property, 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 fair
market value of the property. The owner shall be provided with a written State-
ment of the Basis for Determination of Just Compensation. If only a portion of
the property is acquired, the Statement shall make an apportionment between the
compensation 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 remnant, the City will offer to acquire such uneconomic
remnant.
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 accordingly by the appraiser.
F. No owner shall be required to surrender possession of real propertybeforetheCitypaystheagreedpurchaseprice, 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 pro-
ceeding 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 dwelling (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.
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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 on
shorter notice, the rental will not exceed the lesser 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 nego-
tiations 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 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 Yebday of 44--- -4 / , 1979.
M A Y O R
ATTEST:
CITY CLERK