HomeMy WebLinkAboutResolution - 2004-R0596 - Land Acquisition For Overton Addition - Universal Gateway, Ltd. - 12_16_2004Resolution No. 2004-RO596
December 16, 2004
Item No. 38
RESOLUTION
WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in
Lubbock County, Texas, has determined and does hereby determine that the public needs,
safety and welfare demand and create a public necessity for the acquisition of additional
land for municipal public use and purposes, to -wit: for the implementation of the North
Overton Tax Increment Finance Reinvestment Zone Project Plan, as amended; and
WHEREAS, the City Council has reviewed the Redevelopment Policies and the
Tax Increment Financing Policies and has determined that it is in the public interest to
proceed with the acquisition of lands as needed for the purposes above stated and that to
the extent that the acquisition may be in contradiction to theses policies, that these
policies are superceded; and
WHEREAS, the City Council has determined that, as provided for in Section 2.1
of City Council Resolution 2002-RO258, that special circumstances do exist to authorize
the acquisition of the below described property and, if necessary, authorize condemnation
proceedings (eminent domain), such special circumstances being: In order to properly
implement the North Overton Tax Increment Finance Reinvestment Zone Project Plan, as
amended, it is necessary to acquire the real property described below to facilitate on -site
traffic flow and to remove commercial vehicular and truck traffic from the neighborhood;
and
WHEREAS, the City Council of said City finds it in the public interest and for
public purposes and municipal purposes to proceed with the acquisition of lands as
needed for such purposes as aforesaid; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the fee simple interest to the real property further described
as the South 50-feet of Lots Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11), and
Twelve (12), Block Thirty -Three (33), Overton Addition to the City of Lubbock, Lubbock
County, Texas, according to the map, plat and/or dedication deed thereof, recorded in
Volume 18, Page 610, Deed Records, Lubbock County, Texas; in Volume 19, Page 56,
Deed Records, Lubbock County, Texas; and in Volume 19, Page 568, Deed Records,
Lubbock County, Texas, be acquired for public purposes and municipal purposes as set
forth in the preamble hereof.
SECTION 2. THAT the owner of said tract, being Universal Gateway, Ltd., a
Texas limited partnership, BE offered through the Right -of -Way Department of the City
of Lubbock the amount of $ 168,750.00 which is the amount appraised as the value and
total damages for the fee simple interest, for the use & benefit of the City of Lubbock,
Texas, for the purposes herein stated; and
Resolution No. 2004—R 0596
December 16, 2004
Item No. 38
SECTION 3. THAT unless accepted forthwith, the City Attorney of said City of
Lubbock is hereby authorized and instructed to institute condemnation (eminent domain)
proceedings to acquire the fee simple interest.
Passed by the City Council this 16th day of December '2004.
Tom MARTIN, MAYOR PRO TEM
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -of -Way AgWt
APPROVED AS TO FORM:
Linda L. Chamales
Senior Attorney/Office Practice Section
gsxcdocs/Res-Universal Gateway,LtdI
Dec. 16, 2004