HomeMy WebLinkAboutRES 101408-O - Oak Tree Dr Bridge Project
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GEORGETOWN FINDING PUBLIC CONVENIENCE
AND NECESSITY AND AUTHORIZING EMINENT
DOMAIN PROCEEDINGS, IF NECESSARY, FOR CERTAIN
PUBLIC UTILITY INFRASTRUCTURE IMPROVEMENTS;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in order to promote public health, safety, and welfare, the City of
Georgetown (the "City") hereby finds that public convenience and necessity requires acquisition
of street right-of-way upon, over, under and/or across property described by metes and bounds in
the attached Exhibit "A" and by sketch in the attached Exhibit "B", which exhibits are
incorporated herein by reference as if fully set out and subsequently referred to collectively as
the "Property," for construction, reconstruction, improvement, operation and maintenance of
public road and bridge improvements (the "Project"); and
WHEREAS, in order to promote public health, safety, and welfare, the City of
Georgetown (the "City") hereby finds that public convenience and necessity also requires
acquisition of temporary construction easements on the sites described by metes and bounds in
the attached Exhibit "C" and by sketch in the attached Exhibit "B", which exhibits are
incorporated herein by reference as if fully set out and subsequently referred to collectively as
the "Temporary Construction Easements" in connection with the Project; and
WHEREAS, in order to effectuate the Project, it will be necessary and convenient that
agents, representatives, or employees of the City, lay out the Project and acquire the Property and
Temporary Construction Easements upon, over, under and across the Property for the purpose of
construction, reconstruction, operation, and maintenance of the Project and appurtenances
thereto; and
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 and Temporary Construction Easements, and the construction of the
Project and appurtenances; and
WHEREAS, in order to acquire the Property and Temporary Construction Easements, it
will be or has been necessary for the City's agents, representatives, or employees to enter upon
the Property for the purpose of surveying and establishing said land titles and to determine
adequate compensation for said land, 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 each of the parcels to be acquired for the Project.
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Now, THEREFORE, be it RESOLVED by the City Council of the City of Georgetown:
1. That in order to promote the public health, safety, and welfare, public convenience
and necessity require the construction, reconstruction, improvement, operation and
maintenance of the Property and Temporary Construction Easements on the real
property described in the attached Exhibits "A" and "C" and by sketch in Exhibit
«B»
2. That public convenience and necessity require the acquisition of the Property and
Temporary Construction Easements upon, over, under and across the Property and
other properties for the purposes of construction, reconstruction, improvement,
operation, and maintenance of the Project, and appurtenances thereto.
3. That the City's agents, representatives, or employees 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,
the establishment and acquisition of the required easements, and the
construction of the utility lines, and appurtenances thereto;
C. Enter upon any property necessary for the purpose of surveying and
establishing the title, to determine adequate compensation for the
easements, and to conduct tests;
d. Negotiate with the owners of any such properties for the purchase thereof;
e. To purchase easement title to the Temporary Construction Easements, if
necessary, and execute all documents necessary to acquire such
easements, all subject to express approval of the specific, negotiated terms
by the City Council;
f. Initiate eminent domain proceedings against the owner(s) of the Property
for fee simple title and easement title for the Temporary Construction
Easements in the event the owner(s) fail to accept a bona fide offer to
purchase the Property and/or Temporary Construction Easements; and
g. Take whatever further actions 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 agents,
representatives, or employees for the establishment of the Project, including the
negotiation for and/or acquisition of any necessary property rights for the Project are
Resolution No.
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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.
RESOLVED by the City Council of the City of Georgetown this H"Aday of October, 2008.
ATTEST: THE CITY OF GEORGETOWN:
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By4Ge
Sandra D. Lee, City Secretary G. Garver, Mayor
APPROVED AS TO FORM:
Cc Gr~~v
Patricia E. Carls, City Attorney
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PCN-ED Resolution (Oak Tree Drive Bridge Project)
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