Res 2293 2/6/1979RESOLUTION NO. c /l
A RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF
PROPERTY FOR THE WICHITA RIVER GREENBELT AUTHORIZING
EMPLOYMENT OF APPRAISERS, AND ESTABLISHING A 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 Wichita River Greenbelt under the Community Development Block Grant
Program, to-wit:
The following lots from Scotland Gardens, Addition 1, Wichita Falls, Texas:
All of lots 6, 7, 8, 9, 10, 11, 12, 13, Block B
E 50 feet of Lot 1, Block D
All of Lot 2 and the W. 12.8 Ft. Lot 1, Block D
Lots 4, 5, 6, 7 less Right-of-Way, Block D
The following lots from Scotland Gardens, Addition 2, Wichita Falls, Texas:
Lots 11-22 less Right-of-Way, Block A
Lots 1, 2, 3, 4 less Right-of-Way, Block B
All of Lots 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16, Block B
Lot 7 less NE Corner, and all of Lots 8, 9, 10, 11, Block C
The following lots from Breaux Acres Addition, Wichita Falls, Texas:
All of Block 2
All of Lots 1, 2, 3, 4, Block 3
All of Lots 1, 2, 3, Block 6
NW 100' x 332', Block 6
The following pieces of property do not have lot and block numbers. They
can be identified by referring to the property acquisition map prepared by Oblinger-
Smithi Corp.
1. 6.7 Acres, Abst. 298
2. 8.0 Acres, Tract 34
3. Property located north of the Riverside Cemetery between the Wichita
River and Scotland Gardens Addition
4. Part of Lots 17, 18, 19, 20, 21, 22, 23, 24, 25, Block B, Scotland
Gardens, Addition 2.
5. 1.47 Acres, out of Block 1, Breaux Acres Addition
6. Property located between 400 Van Buren and Breaux Acres Addition
7. 12 Acres out of Block 7, Breaux Acres Addition
8. 1 Acre out of Block 5, Breaux Acres Addition
9. 2.3 Acres out of Block 6, Breaux Acres Addition
10. 2.34 Acres out of Block 6, Breaux Acres Addition
11. 70' x 332' of Block 6, Breaux Acres Addition
SECTION 2. The City Manager is hereby authorized to employ appraisers to
appraise the property being acquired for the Wichita River Greenbelt improvement
project.
SECTION 3. The following procedures shall be used in the acquisition of
properties for the Wichita River Greenbelt 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 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
property expeditiously by negotiation.
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B. Real property shall be appraised before the initiation of negotiations,
and the owner or his representative designated in writing shall be 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 real
property, the City shall establish an amount it believes to e justjst com P ensation
therefor; promptly thereafter the City shall offer to acquire the property for thefullamountsoestablished, 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 between the com-
pensation 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 proceeding 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.
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 Prorataportion of the fairP
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 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 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 6th day of February 1979.
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ATTEST:MAYOR
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CITY CLERK