10-099 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 10-099
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 AT 611 ROBISON CREEK DRIVE FOR THE
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: 1`iotc tt s 1��uga� Mated. The findings set forth above are incorporated into
the body of this Resolution as if fully set forth herein.
SECTION 2: .hcggisitiog 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 Managgr. 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: uthot it to Matic gg O'fggi,. 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 tiro: Authority to Exccute Docunictits. 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 9"'day of November, 2010
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RayITITSrr�Wa Mayor
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