HomeMy WebLinkAboutRES 091217-F - PCN Airport RdRESOLUTION NO. 091 Lk1- r
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, FINDING PUBLIC CONVENIENCE AND
NECESSITY AND AUTHORIZING EMINENT DOMAIN
PROCEEDINGS, IF NECESSARY, FOR ACQUISITION OF REAL
PROPERTY TO EFFECTUATE CERTAIN PUBLIC ROAD AND
UTILITY INFRASTRUCTURE IMPROVEMENTS; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in order to facilitate the safety and movement of traffic and to preserve the
financial investment of the public in its roadways and utility infrastructure, and protect the safety
of the public, the City of Georgetown (the "City") hereby finds that public convenience and
necessity requires the acquisition of fee simple, easement and temporary easement rights from all
of those certain tracts of land, as shown on Exhibit "A", located on the east side of Airport Road,
from the north right of way line of Lakeway Drive to the south right of way line of Halmar Cove,
in Georgetown, Texas (the "Property").
Exhibit "A" is incorporated herein by reference as if fully set out, for public road right of way and
a public utility easement, over under and across the Property located in Williamson County, Texas,
and for the purposes of laying out, opening, constructing, reconstructing, maintaining, widening,
straightening, extending, and operating the extension of Airport Road in Williamson County,
Texas.
WHEREAS, as provided for in Section 251.001, 273.001 of the Texas Local Government
Code, and under the general authority granted in Section 311.001 of the Texas Transportation Code
and Section 2206.053(f) & (g) of the Texas Government Code, the City finds and determines that
the Property is necessary or convenient as a part of the roadway system for the purposes of laying
out, opening, constructing, reconstructing, maintaining, widening, straightening, extending, and
operating Airport Road between Lakeway Drive and Halmar Cove, the hereinafter described
Project, in Williamson County, Texas, including utility improvements, public drainage utility
infrastructure improvements, the construction of cut/fill slopes, and/or other public uses and
purposes related thereto as permitted by law (hereinafter the "Project"), and it is necessary to
acquire fee simple title in the Property or such lesser property interests as set forth in the attached
exhibit. The City finds and determines that condemnation of the Property may be required.
IT IS THEREFORE ORDERED that the initiation of condemnation proceedings for the
Property is adopted and authorized by a single order for the Property, and this first vote by the City
applies to all of the Property identified in the attached exhibit.
IT IS FURTHER ORDERED that the City Manager is hereby authorized to proceed to
condemnation on the Property, if necessary, and directed to transmit or cause to be transmitted this
request of the City to legal counsel to file or cause to be filed against all owners, lienholders, and
any owners of any other interests in the Property, proceedings in condemnation to acquire in the
Resolution No. Q I f U -7 —
Date adopted: Ji140 t -7 _
Finding Public Convenience & Necessity for the acquisition of real property Airport Road
Page 1 of 4
name of and on behalf of the City, fee simple title to the Property or such lesser estates or property
interests as may be required, save and except oil, gas, and sulfur, as provided by law.
WHEREAS, in order to effectuate the Project, it will be necessary and convenient that the
employees, agents, and/or representatives of the City to lay out the Project and acquire the
necessary right of way upon, over, under and across the Property for the purpose of construction,
reconstruction, operation, and maintenance of public road, water quality and/or drainage utility
infrastructure improvements and the construction of cut/fill slopes adjacent to the Project, and
appurtenances thereto, and for the use of any excavated materials from the Property for use in
construction of such roadway and/or utility infrastructure improvements;
WHEREAS, it may be necessary to hire engineers, surveyors, appraisers, attorneys, title
companies, architects, or other persons or companies to effect the laying out, establishment, and
acquisition of the Property for the Project;
WHEREAS, in order to acquire the Property, it will be or has been necessary for the City's
employees, agents, and/or representatives, to enter upon the Property for the purposes of surveying
and establishing said land titles and to determine adequate compensation for the Property, to
conduct tests, and to negotiate with the owners thereof for the purchase of the land titles; and,
WHEREAS, it was necessary to set out procedures for the establishment and approval of
just compensation for Property to be acquired for the Project;
Now, THEREFORE, be it RESOLVED by the City Council of the City of
Georgetown:
That in order to promote the public health, safety, and welfare, public convenience and
necessity requires the acquisition of right of way in fee simple, easement and temporary
easement rights on, over, under and across the real property described herein above,
and in the attached Exhibit "A" , for the purposes of laying out, opening, constructing,
reconstructing, maintaining, widening, straightening, extending, and operating of the
Project in Williamson County, Texas, including utility improvements, public water
quality and drainage utility infrastructure improvements, the construction of cut/fill
slopes, and/or other public uses and purposes as permitted by law.
2. That the City's employees, agents, and/or representatives are hereby authorized to:
a. Lay out the exact location of the land area needed from the Property or other
properties;
b. Hire such engineers, surveyors, appraisers, title companies, architects, and
other persons or companies needed to effect the laying out of the facilities
for the Project, the establishment and acquisition of the required right of
-DateResolution No. ag 1 ail 4—
Date
adopted: °I f
Finding Public Conven ience & Necessity for the acquisition of real property Airport Road
Page 2 of 4
way, and the construction of permanent public road, water quality and
drainage and/or utility infrastructure improvements, and appurtenances
thereto;
C. Enter upon any property necessary for the purpose of surveying and
establishing the title, in order to determine adequate compensation for the
right of way being acquired, and to conduct tests;
d. Negotiate with the owner(s) of any such properties for the purchase thereof,
e. To purchase any necessary right of way on, over, under and across the
Property, and execute all documents necessary to acquire such Property, all
subject to the City Council's express approval of the specific, negotiated
terms of the acquisition;
f. Initiate eminent domain proceedings against the owner(s), lienholders, and
any owners of any other interests in the Property to obtain the necessary
title(s) for the Property in the event the owner(s) fail(s) to accept a bona fide
offer to purchase the Property; and
g. Take whatever further actions are deemed appropriate to economically
effect the establishment of the Project and appurtenances thereto.
5. That all previous acts and proceedings done or initiated by the City's employees, agents,
and/or representatives for the establishment of the Project, including the negotiation for
and/or acquisition of any necessary property rights in the Property are hereby authorized,
ratified, approved, confirmed, and validated. This resolution shall take effect immediately
from and after its passage.
6. The Mayor is hereby authorized to sign this resolution and the City Secretary to attest
thereto on behalf of the City of Georgetown.
7. This resolution shall be effective immediately upon adoption.
RESP VED by the City Council of the City of Georgetown this lo)-, day of
2017.
ATTEST:
� - 91.. �)o tt —
Shelley Nowinity 9ecretarCJ
THE CITY OF GEOR WN:
ley.
Dale Ross, Mayor
Resolution No. 0 1 1 D. l
Date adopted: M :). I --)Q17
Finding Public Convenience & Necessity for the acquisition of real property Airport Road
Page 3 of 4
APPROVED AS TO FORM:
Charlie McNabb, City Attorney
Resolution No. g l 4 �]
Date adopted:
Finding Public Convenience & Necessity for the acquisition of real property Airport Road
Page 4 of 4
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