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Home My WebLink AboutRES 021219-AD - Infrastructure ImprovementsRESOLUTION 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 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 south side of Williams Drive, from the north right of way line of Rivery Boulevard to the south right of way line of Central Drive, 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 Williams Drive 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 Williams Drive between Rivery Boulevard and Central Drive, the hereinafter described Project, in Williamson County, Texas, including utility improvements, the construction of sidewalks, 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 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. Resolution No. — Date adopted: 0 1117, 11 A Finding Public Convenience Necessity for acquisition of real property, Rivery TIA/Rivery Turn Lanes Page 1 of 3 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, utility infrastructure, and the construction of sidewalks 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: 1. 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, the construction of sidewalks, 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 way, and the construction of permanent public road, utility infrastructure improvements, sidewalks, 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; Resolution No. 'L Date adopted: Finding Public Convenience & Necessity for acquisition of real property, Rivery TIA/Rivery Turn Lanes Page 2 of 3 d. Negotiate with the owner(s) of any such properties for the purchase thereof; 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. RESOLVED by the City Council of the City of Georgetown this ��day of 92019. ATTEST: THE CITY OF GEORGETOWN: AA ,7AJj,-. A B(Z15r y: R byn D nsm re, City Secretary Dale Ross, Mayor APPROVED AS TO FORM: C1iarI e . cN b, City Attorney Resolution No. 07.12., Iq —•jAlb Date adopted: Finding Public Convenience & Necessity for acquisition of real property, Rivery TIA/Rivery Turn Lanes Page 3 of 3 E' ~Lo N d a a E cc ol C,00.'� �I 40 f - o W �- r K L RP Z rd d, On i r �= C4 d ! �