Res 1920 2/15/1977RESOLUTION NO. //moo/ 2
A RESOLUTION DETERMINING NECESSITY FOR ACQUISITION
OF PROPERTY FOR DEPOT SQUARE 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 Depot Square project under the Community Development Block
Grant program, to-wit:
Tract I. All of Block 162 of the Original Townsite of Wichita Falls,
Texas less the east 50 feet of Lots 3 through 7 and the east 25 feet of Lots
1 and 2 of Block 162.
Tract II. A tract 30 feet by 90 feet out of Lots 1 and 2 of Block 177
of the Original Townsite of Wichita Falls, known as 503 Eighth Street, and
described as follows: Beginning at the northwest corner of Lot 1 , thence
southeast along the west line of Lots 1 and 2 90 feet; thence northeast parallel
to the south line of Lot 2 30 feet; thence northwest parallel to the west line
of Lots 2 and 1 90 feet to the north line of Lot 1 ; thence southeast 30 feet to
the place of beginning.
Tract III. A tract 50 feet by 90 feet out of Lots 13 and 14 of Block
177 of the Original Townsite of Wichita Falls, known as 505 Eighth Street, and
described as follows: Beginning at the northeast corner of Lot 14; thence
southeast along the east line of Lots 14 and 13 90 feet; thence southwest parallel
to the south line of Lot 13 50 feet; thence northwest parallel to the east line
of Lots 13 and 14 90 feet to the north line of Lot 14; thence northeast to the
place of beginning.
SECTION 2. The City Manager is hereby authorized to employee appraisers
to appraise the property being acquired for Depot Square project.
SECTION 3. The following procedures shall be used in the acquisition
of properties for the Depot Square 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 acquistion
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 initiation 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 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 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 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
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 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 a 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 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
negotiations 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 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 15th day of February, 1977.
M A}" R
ATTEST:
City Clerk
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