Res 2235 9/19/1978RESOLUTION NO. c{J
A RESOLUTION DETERMINING NECESITY FOR ACQUISITION
OF PROPERTY FOR A "MIDTOWN 2000" IMPROVEMENT PRO-
JECT, 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:
f.
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 Bean and Stone Subdivision of Block 240 of the Original Townsite
of Wichita Falls , Texas .
SECTION 2. The City Manager is hereby authorized to employ appraisers
to appraise the property being acquired for the "Midtown 2000" improvement pro- '
ject.
SECTION 3. The following procedures shall be used in the acquisition of
properties for the "Midtown 2000" improvement project, the objective of which are
to insure that uniform, fair and equitable treatment be afforded persons displaced
as a result of this federally assisted project, to encourage and expedite acquisi-
tion 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
opportunity to accompany the appraiser during his inspection of the property.
C. Before the inititation of negotiations for the acquistion of such real
property, the City shall establish an amount it believes to be just compensation
therefor; promptly thereafter the City shall offer to acquire the ro ert forPPY
I 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 Statement of the Basis for Determination of Just Compensation. If only a
portion of the property is acquired, the Statement shall make an apportionment be-
tween 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 owner1withanuneconomicremnant, 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 property
before the City pays the agreed 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
i amount of the award of compensation in the condemnation proceeding for such property.
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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.
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 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 of
the power of eminent domain , the City shall institute formal condemnation proceed-
ings 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 3rd day of October 1978
M A Y O R Pro ternATTEST:
5416FYIlL
City Clerk