HomeMy WebLinkAboutRES 980609-L - Widen County Club DrRESOLUTION NO. 4 O nj 0? L
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, DECLARING A PUBLIC NECESSITY TO WIDEN
COUNTRY CLUB ROAD AT ITS INTERSECTION WITH WILLIAMS DRIVE
(THE "PROJECT"); DECLARING A PUBLIC NEED AND NECESSITY FOR
THE ACQUISITION OF FEE SIMPLE TITLE TO A 0.002 ACRE TRACT OF
LAND AND A 0.231 ACRE TRACT OF LAND, BOTH BEING OUT OF THE
NICHOLAS PORTER SURVEY, ABSTRACT NO. 497, WILLIAMSON
COUNTY, TEXAS (THE "PROPERTY"); FOR PUBLIC IMPROVEMENTS
INCLUDING STREETS, DRAINAGE AND UTILITY IMPROVEMENTS;
AUTHORIZING THE ACQUISITION OF THE PROPERTY BY
NEGOTIATION AND/OR CONDEMNATION, IF NECESSARY;
AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN
CONDEMNATION TO ACQUIRE THE PROPERTY AND PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Georgetown, Texas has been shown that
the traffic conditions and volume on Country Club Road at its intersection with RM. 2338,
also known as Williams Drive, has changed; and
WHEREAS, the City Council of the City of Georgetown, Texas has also been shown
that such traffic changes necessitate the widening of Country Club Road at its intersection
with Williams Drive; and
WHEREAS, the City Council of the City of Georgetown desires to widen Country
Club Road at its intersection with Williams Drive and expend public funds for this project
(the "Project"); and
WHEREAS, the City Council of the City of Georgetown, Texas, has been further
shown that there is a public necessity for the welfare of the City of Georgetown and the
public at large, to acquire certain real property for public improvements including streets,
drainage and utility improvements, as well as other associated municipal purposes for use
as a part of the Project; and
WHEREAS, in accordance with the above, the City Council of the City of
Georgetown, Texas, hereby finds that it is in the public interest to acquire fee simple title
to certain real property by negotiation and/or condemnation, for the Project; and
WHEREAS, the real property to be acquired for the Project includes 0.002 acres of
land out of the Nicholas Porter Survey, Abstract No. 497, Williamson County, Texas
("0.002 acre tract"), and 0.231 acres of land out of the Nicholas Porter Survey, Abstract No.
497, Williamson County, Texas ("0.231 acre tract"), and being more particulary described
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in Exhibits "A" and "B", attached hereto and made a part hereof by reference, and being
hereinafter collectively referred to as the "Property".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this resolution
are hereby found and declared to be true and correct, and are incorporated by reference
herein and expressly made a part hereof, as if copied verbatim. The City Council hereby
finds that this resolution implements the Transportation Plan Element of the Century Plan -
Policy Plan Element, which states: "Georgetown's transportation system provides for the
safe and efficient movement of traffic, promotes the economic interests of the community,
and adequately serves the needs of individuals.'; and is not found to be inconsistent or in
conflict with any other Century Plan Policies, as required by Section 2.03 of the
Administrative Chapter of the Policy Plan.
SECTION 2. It is hereby officially declared that there is a public necessity for, and
the public health, safety, welfare and convenience will be served by the widening of
Country Club Road at its intersection with Williams Drive. The expenditure of public funds
for the Project is hereby authorized and approved.
SECTION 3. It is also hereby officially declared that there is a public necessity for,
and the public health, safety, welfare and convenience will be served by, the acquisition
of the Property described in Exhibits "A" and "B" attached to this Resolution and
incorporated herein for all purposes, and it is the City of Georgetown's intent to acquire the
unencumbered fee simple title to the Property for the purpose of locating, constructing,
operating, reconstructing, improving, repairing and maintaining public improvements
involving street, drainage and/or utility improvements as part of the Project.
SECTION 3. The City staff is hereby authorized to employ all necessary (1)
appraisers to appraise the Property, (2) surveyors to survey the Property, (3) title
companies to obtain title information on the Property, and (4) any other professionals or
other persons and/or firms necessary for the acquisition of the Property. That the prior
actions and efforts of City officials to employ professional appraisers to appraise the
Property, to employ professional surveyors to survey the Property, to employ title
companies to obtain title information on the Property, as well as negotiate the purchase of
the necessary rights for the Property for use as part of the Project, are hereby ratified and
confirmed.
SECTION 4. The City Manager is hereby authorized on behalf of the City to attempt
to agree on the compensation and damages, if any, to be paid to owners of the Property.
If the City Manager determines that an agreement as to compensation and damages
cannot be reached, then the City Attorney is hereby authorized to file or cause to be filed
and handle, through final judgment, proceedings in condemnation against the owners of
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and other interested parties that have a claim to the Property to acquire the fee simple title
to the Property.
SECTION 5. It is the intent of the City Council that this Resolution authorize the
condemnation of the Property, if necessary, to be used for the municipal purposes
described in Section 3. If it is later determined that there are any errors in the descriptions
contained herein or if later surveys contain more accurate revised descriptions, the City
Attorney is authorized to have such errors corrected or revisions made without the
necessity of obtaining a new City Council resolution authorizing the condemnation of the
corrected or revised properties.
SECTION 6. Should any section/part/paragraph/word of this resolution, for any
reason, be held illegal, inoperative, or invalid, or if any exception to or limitation upon any
general provision herein contained be held to be unconstitutional or invalid or ineffective,
the remainder of this Resolution shall, nevertheless, stand effective and valid as if it had
been enacted without the portion held to be unconstitutional or invalid or ineffective.
SECTION 7. It is officially found, determined, and declared that the meeting at
which this Resolution is adopted was open to the public and public notice of the time,
place, and subject matter of the public business to be considered at such meeting,
including this Resolution, was given all as required by Chapter 552 of the Texas
Government Code.
SECTION 8. This resolution shall be effective immediately upon adoption.
RESOLVED this day ofCJ �'%� '1998.
ATTEST:
THE CITY OF GEORGETOWN:
B t _ By:
Sandra D. Lee, City Secretary Leo Wood, Mayor
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
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