RE 2013-0813.2
CITY OF COPPELL, TEXAS
RESOLUTION NO. 2013-0813.2
A RESOLUTION PROVIDING FOR AND CONSENTING TO THE EXERCISE OF
EMINENT DOMAIN AS AUTHORIZED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS; PROVIDING FOR THE ACQUISITION BY EMINENT
DOMAIN OF A PORTION OF THE PROPERTY DESCRIBED IN EXHIBIT A AND B
AND COMMONLY REFERRED TO AS 192 SOUTH FREEPORT PARKWAY
WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF COPPELL, DALLAS
COUNTY, TEXAS; DECLARING A PUBLIC NECESSITY EXISTS AND FINDING A
PUBLIC USE AND PURPOSE FOR THE WELFARE AND CONVENIENCE OF THE
CITIZENS, REQUIRES THE TAKING AND ACQUIRING OF PROPERTY FOR THE
EXPANSION OF ROADWAY, THAT CERTAIN TRACT WHICH WILL BE
BURDENED WITH THE ROADWAY EXPANSION IS LOCATED ON THE EAST
LINE OF SOUTH FREEPORT PARKWAY APPROXIMATELY 1500 FEET SOUTH
OF WEST SANDY LAKE ROAD; PROVIDING FOR AN OFFER TO PURCHASE
THE PERMANENT RIGHT OF WAY FOR JUST COMPENSATION AND IF SUCH
OFFER IS REFUSED, AUTHORIZING COUNSEL TO INSTITUTE NECESSARY
PROCEEDINGS IN CONDEMNATION TO ACQUIRE THE PROPERTY FOR
STREET WIDENING AND RELATED PUBLIC PURPOSES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS,
the City of Coppell (“City”) wishes to provide for the health and welfare of its citizens;
and
WHEREAS,
the City is a home rule City with specific, enumerated powers to provide for the health,
safety and general welfare of its citizens; and
WHEREAS,
it is hereby determined that a public necessity exists, and that a public use and purpose
for the welfare and convenience of the citizens requires the acquisition of permanent right of way for street
widening purposes, with such right of way vesting in the City burdening the hereinafter described property,
for the public purpose of constructing and maintaining right of way for public streets and utility
improvements; and
WHEREAS,
the City is authorized pursuant to Chapter 251, T. LG’C, to exercise
EXOCAL OVT ODE
the right or power of eminent domain for public purposes to acquire property, whether located inside or
outside the municipality, where necessary for the purpose of providing a thoroughfare system, a waterworks
system, water storage, drainage, treatment, distribution, transmission, or sewage system, including sewage
collection, drainage, treatment, disposal, and emptying facilities or any other public purpose recognized under
state law; and
WHEREAS,
the City is authorized to exercise the power of eminent domain to acquire said tract of
land more fully described herein and depicted in Exhibit A and B, which is attached hereto and incorporated
herein; and
WHEREAS,
the City is acquiring such land in accordance with state law; and
WHEREAS,
the parcel of land so described herein will be appraised in accordance with the
provisions of Chapter 21, T. PC to establish just compensation as provided therein;
EXROPERTY ODE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS:
Section 1.
That City Manager or designee is hereby authorized and directed to implement the
applicable provisions of this Resolution.
Section 2.
That a public necessity exists and public use and purpose for the public welfare and
convenience require the acquisition of a portion of the property located at 192 South Freeport Parkway for the
purpose of providing a thoroughfare system, a waterworks system, water storage, drainage, treatment,
distribution, transmission, or sewage system, including sewage collection, drainage, treatment, disposal, and
emptying facilities or any other public purpose recognized under state law for Freeport Parkway, being a
public thoroughfare, with title vesting in the City of Coppell, Texas, in that certain tract or parcel of land
containing approximately 0.138 (+/-) acres of land in the name of the City of Coppell in, over and across the
property owned by Joe Charles Hardman depicted in Exhibit A and B, attached hereto and made a part hereof
for all purposes.
Section 3.
That the public is required to obtain the subject tract for the expressed public purpose of
expanding and extending public right-of-way for the widening of Freeport Parkway; as depicted on the
current City of Coppell thoroughfare plan.
Section 4.
That the city council of the City of Coppell hereby finds that there is a public necessity and
public use and purpose required to acquire the permanent right of way and the size, scope, width and
dimensions set forth herein and for the purposes stated in this Resolution.
Section 5.
That an offer of a just and adequate compensation based on fair market value shall be
made for the said 0.138(+/-) acre tract of land, more or less, including damages to the remainder, if any. Said
offer having been based on an independent appraisal. The City Manager, or designee, is hereby authorized
and directed to make an offer for the acquisition of the permanent right of way to the owner of the property.
Section 6.
That in the event the offer described herein is refused or not accepted by the owner of the
property, the City Attorney is hereby authorized and directed on behalf of the City to file the necessary
eminent domain proceedings or suit and to take whatever action may be necessary against the owner and any
other parties having interest in the property to acquire the property for such public purpose as set forth herein
with such title vesting in the City of Coppell.
Page 2
NJDHS 992010
Section 7. That if it should be subsequently determined that additional parties other than
those named herein have an interest in said property then the City Attorney or designee is
authorized and directed to join said parties as defendants in said condemnation. If it is later
determined that there are any errors in the descriptions contained herein or if later surveys
contain more accurate revised descriptions, the City Attorney, or designee, is authorized to have
such errors corrected or revisions made without the necessity obtaining City Council approval
authorizing condemnation of the corrected or revised property.
Section 8. That if for any reason any section, paragraph, subdivision, clause, phrase or
provision of this Resolution shall be held invalid, it shall not affect any valid provisions of this or
any other Resolution of the City of Coppell to which these rules and regulations relate.
Section 9. That the City Council hereby finds and declares all precatory language herein
to be true and correct and approves and adopts the same herein as part of this Resolution.
Section 10. That this Resolution shall take effect on and after its adoption by the City
Council of the City of Coppell.
PASSED AND APPROVED this j/`day of Iv_ , 2013.
APPRO D: /
By: •- i►
y: .1
aren -lbo Hunt, I ayor
ATTEST:
0 / A AN/Kehr
Christel Pettinos, City Secreta
APPROVE R A` TO FORM.
By: A ��.
Robert E. Hager, C.,' Attorney
Page 3
NJDHS 992010