12-44 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-44
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, DETERMINING A PUBLIC NECESSITY TO
ACQUIRE BY PURCHASE OR CONDEMNATION, REAL PROPERTY
LOCATED ON THE WEST SIDE OF COIT ROAD, 2600 FEET NORTH
OF THE FIRST STREET INTERSECTION; GIVING NOTICE OF AN
OFFICIAL DETERMINATION TO ACQUIRE SAID PROPERTY FOR
THE PURPOSES SET FORTH HEREIN; AUTHORIZING THE TOWN
MANAGER OF THE TOWN OF PROSPER, TEXAS, TO ESTABLISH
PROCEDURES FOR ACQUIRING THE PROPERTY BY PURCHASE
OR CONDEMNATION; MAKING OFFERS; AND PROVIDING FOR AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council")
investigated and determined that there is a public necessity for, and the public welfare
and convenience will be served by, the acquisition of right-of-way on the parcel of
property described in Exhibit "A", attached hereto and incorporate herein for all purposes
("the Property"), and it is the Town of Prosper, Texas' ("Prosper") intent to acquire, by
purchase or condemnation, the necessary right-of-way on the Property for the purpose
of public facilities related to the infrastructure along Coit Road; and
WHEREAS, it is necessary to establish procedures for determining the
establishment and approval of just compensation for the right-of-way; and
WHEREAS, there may be improvements located on the Property acquired for
this Project and such improvements may be required to be moved prior to the beginning
of this Project.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated
into the body of this Resolution as if fully set forth herein.
SECTION 2: Acquisition of Property. The Town Council Hereby officially
determines that there is a public necessity for, and the public welfare and convenience
will be served by, the acquisition of the Property, and it is Prosper's intent to acquire, by
purchase or condemnation, the Property described in Exhibit "A", attached hereto, for
the Project.
SECTION 3: Authority of Town Manager. The Prosper Town Manager is hereby
authorized to contract, on behalf of the Town Council, with professional appraiser for the
appraisal services and with attorneys for the preparation of title opinions needed by
Prosper from time to time in connection with acquiring the Property for the Project. The
Town Council hereby ratifies any contracts entered into, prior to the effective date of this
Resolution, by the Town Manager with professional appraisers for appraisal services
and with attorneys for the preparation of title opinions needed for the acquisition of
Property made the subject of this Resolution.
SECTION 4: Determination of Just Compensation. The Town Manager, or his
designee, is hereby authorized and directed to examine and rely on the independent
appraisal reports, and other information, in establishing and approving the fair market
value offer and the just consideration of said information, the Town Manager shall
establish and approve the amount determined to be just compensation for the
acquisition of the right-of-way.
SECTION 5: Authority to Make an Offer. Upon establishment and approval by the
Town Manager of the amount of just compensation for the acquisition of the Property,
the Town Manager, or his designee, is authorized to send a written offer to the owner(s)
of said Property for the acquisition of said right-of-way, at the full amount determined
and established to be just compensation for the parcel, and to negotiate with said
owner(s) on behalf of Prosper.
SECTION 6: Authority to Execute Documents. The Town Manager be and is
hereby authorized, on behalf of Prosper, to execute all documents necessary to acquire,
by purchase or condemnation, the parcel needed for the Project.
SECTION 7: Disposal of Improvements. The Town Manager is hereby authorized
to remove such improvements, if any, located in the right-of-way acquired in connection
with this Project, should they interfere with the use and enjoyment of the right-of-way.
SECTION 8: Condemnation Authorized. Should the Town Manager be unable to
acquire the right-of-way and temporary construction easement by purchasing same, the
Town Manager is authorized to instruct the law firm of Abernathy, Roeder, Boyd, &
Joplin, P.C. to commence condemnation proceedings for the acquisition of the right-of-
way for the Project.
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SECTION 9: This Resolution shall take effect immediately from and after its
passage.
RESOLVED THIS the 26th day of June, 2012.
Ray Smith, Mayor
ATTEST TO:
4, ,
Amy Piukana
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