HomeMy WebLinkAboutRes 09-44 Acquisition of Property From Roland ArthurDIRECTING THE TOWN MANAGER TO INITIATE THE ACQUISITION OF
REAL PROPERTY FROM ROLAND ARTHUR FOR THE FM 1938 PROJECT;
r!'ROVIDING AN EFFECTIVE DATE; AND PROVIDING A SEVERABILITY
CLAUSE.
WHEREAS, the Town Council ("Council ') of the Town of Westlake, Texas,
("IowrC), has actively pursued the FM 19' )8 project ("Project") for many years; and
WHEREAS, the Town previously entered into a Roadway Funding Agreement
(the "Agreement") with Roland Arthur ("Arthu ") dated September 15, 2004, wherein
Arthur contractually obligated himself to grant the easements necessary for the Project;
and
WHEREAS, Arthur has not fulfilled his obligations under the Agreement to grant
the required property rights-, and
WHEREAS, Arthur's failure to meet his contractual. obligations has jeopardize4,
the Project to the detriment of the Town, and
WHEREAS, the Council determines there to be a public necessity to acquire the
required property from Arthur for the Project; and
WHEREAS, the Council determines that the approval of this Resolution is in the
best interests of the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF WESTLAKE, TEXAS:
Section 1: That the facts and recitations contained in the preamble of this
resolution are hereby found and declared to be true and correct and are incorporated
herein in their entirety.
Section 2: That the Town Manager is directed to initiate the process for acquiring
the necessary property from Arthur for the Project'. including but not limited to
undertaking the prerequisites for the eminent domain process.
Section 3: That the Town Manager is hereby directed to send a copy of this
Resolution to the Texas Department of Transportation and Tarrant County to
memorialize the Town's commitment to the Project.
Section 4: If any portion of this Resolution shall, for any reason, be declared
invalid by any court of competent jurisdiction, such invalidity shall not affect the
remaining provisions hereof and the Council hereby detern-lines that it ould have
adopted this Resolution without the invalid provision.
Laura Wheat, Mayor
NUMN
Sutter,'TRMC, Town Secretary 'Thomas E. Bryme-r-,
U 9 a 1011 a #I Ly N W
L.'-&ianion Lore, tQwn� orney
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