09-115 - R TOWN OF PROSPER,TEXAS RESOLUTION NO. 09-115
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE BY
PURCHASE OR CONDEMNATION, CERTAIN PROPERTY FOR THE
PROVISION OF CONSTRUCTION OF PROSPER TRAIL (DALLAS NORTH
TOLLWAY TO PRESTON ROAD); 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 Prosper Trail(the"Project"); and
WHEREAS, it is necessary to establish procedures for determining the establishment and
approval of just compensation for the right-of-way to be acquired for the Project; 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 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.
SECTION 9: This Resolution shall take effect immediately from and after its passage.
RESOLVED THIS the 22°d day of September,2009
C arles Nisw er,Mayor
ATTEST TO:
/1,746// Aid ‘‘‘ 0 F fee"
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tthew D.Denton, TRMC
Town Secretary o *
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