HomeMy WebLinkAboutResolution No. 2012-25 RESOLUTION NO. R2012-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FRIENDSWOOD, TEXAS, APPROVING A LETTER TO
THE TEXAS COMPTROLLER OF PUBLIC ACCOUNTS
STATING THE CITY'S LEGAL AUTHORITY TO
EXERCISE THE POWER OF EMINENT DOMAIN; AND
REPEALING ALL OTHER RESOLUTIONS
INCONSISTENT OR IN CONFLICT H�REWITH.
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Whereas, per Senate Bill 18 enacted by the 82nd Legislature, all public and private '
entities authorized to exercise the power of eminent domain in Texas are required to submit a
letter to the Comptroller of Public Accounts detailing their legal authority to exercise this power;
and
Whereas, the letter to the Comptroller of Public Accounts must be sent by certified mail,
return receipt requested not later than December 31,2012; and
Whereas, the authority of an entity to exercise the power of eminent domain expires on
September 1, 2013 unless the letter has been submitted by the deadline; and
Whereas, the City Council wishes to authorize the issuance of a letter to the Comph•oller
of Public Accounts detailing the legal authority of the Ciry of Friendswood, Texas to exercise the
power of eminent domain;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRI�NDSWOOD, TEXAS:
Section 1. The City Council of the City of Friendswood, Texas, hereby authorizes the
issuance of the letter attached hereto as Exhibit"A"which details the City's authority to exercise
the power of eminent domain.
Section 2. All resolutions or parts of resolutions inconsistent or in conflict herewith
are, to the extent of such inconsistency or conflict, hereby repealed.
PASSED,APPROVED, AND RESOLVED this the Sth day of November, 2012.
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Kevin M. Ho �nd
Mayor
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Melinda Welsh, TRMC 7�' �;p ;
City Secretary ��"• � a
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IZ2012-25 2
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CITY OF FRIENDSWOOD
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TEXA
November 5, 2012
Susan Combs VIA CERTIFIED MAIL
Texas State Comptroller R�TURN RECEIPT REOUESTED
P.O. Box 13942
Capital Station
Austin, Texas 78711-3528
RE: Eminent Domain Authority of the Friendswood,Texas, a home rule municipality created
pursuant to Texas Constitution Article XI, Section 5.
Dear Ms. Combs:
This letter is being provided pursuant to Senate Bill 18 amending Chapter 2206 of the
Texas Government Code. Senate Bill 18, enacted by the 82nd Legislature, requires all public
and private entities that are authorized to exercise the power of eminent domain to submit a letter ',
to the Comptroller of Public Records detailing their legal authority to exercise this power. '
The City of Friendswood ("City"), is a home rule municipality created pursuant to Texas
Constitution, Article XI, Section 5. The City's authority of the power of eminent domain has
been previously submitted to your office separately, by compliance form dated September 22,
2011, by and through 3cott Houston, General Counsel for the Texas Municipal L,eague by its
submission far all home rule cities, including the City. However, in an abundance of caution it is
set forth in more detail below.
The City has the power of eminent domain expressly pursuant to the Texas Constitution,
and Chapters 9 and 251 of the Texas Local Goveinment Code. This power specifically derives
from Section 251.001, and the exercise of this power is governed by Chapter 21 of the Texas
Property Code. -
Additionally, the following citations grant the City additional general and specific
authority to exercise the power of eminent domain, including but not limited to:
Citation Title
Friendswood City Charter § 2.01 General Powers
Friendswood City Charter § 2.03 Eminent Domain
Tex.L,oa Godt Code § 214.136 Condemnation of Property
CITYMANAGER'SOFFICE 910S.FRIENDSWOODDR. FRIENDSWOOD,TX77546 281-996-3250PHONE 281-482-3722FAX
Susan Combs
Texas State Comptroller
November 5, 2012
Page 2 of 2
Tex.L,oc. Godt Code § 241.903 Acquisition of Air Rights or Other Property
Tex. Loc. Gov't Code § 251.001 Right of Eminent Domain
Tex. Loc. Gov't Code § 273.001 Acquisition of Property; Exercise of Police Power
Tex. Loc. Godt Code § 280.001 Land for Use of United States
Tex.L,oc. Godt Code § 281.050 Acquisition of Land and Other Property
Tex. Loc. Gov't Code § 281.051 Eminent Domain
Tex. Loc. Gov't Code§ 331.001 General Authority
Tex. Loc. Godt Code § 331.003 Eminent Domain
Tex. Loc. Gov't Code § 374.015 General Municipal Powers Relating to Urban Renewal
Tex. Loc. Gov't Code § 504.106 Eminent Domain
Tex.Loc. Godt Code § 505.105 _ Eminent Domain _ . _ _
Tex. Loc. Gov't Code § 552.002 Certain Public Services &Utility Systems in Home-
Rule Municipality �
Tex. Loc. Gov't Code § 552.011 � Use of Eminent Domain Power
Tex. Loc. Godt Code § 552.012 Municipalities in or Contracting with a Water District
Tex. L,oc. Gov't Code § 552.013 Water System in Municipalities with Population of
More Than 1,000
Tex. Loc. Godt Code § 572.012 General Rights,Powers, and Duties of Public Entities
Tex. Loc. Godt Code § 572.013 Use of Eminent Domain
Tex. Loc. Gov't Code § 601.040 Acquisition of Real Property
Tex. Gov't Code § 1506.060 Eminent Domain
Tex.Trans. Code § 22.011 General Power Regarding Airports &Air Navigation
FaciliYies
Tex. Trans. Code § 224.002 Acquisition by County or Municipality Generally
Tex. Trans. Code § 311.032 Establishment of Freeway
Tex. Trans. Code § 311.092 Assessment for Opening, Extending, or Widening of I
Street or Alley in Home-Rule Municipality '
Tex.Trans. Code § 314.011 Acquisition of Property for Highway Improvements by
Municipality
Tex.Water Code§ 11.033 Eminent Domain
Tex. CONST. Art.XI, § 5 Adoption or Amendment of Home Rule Charter
Should you have any questions, please contact our City Attorney, Arnold Polanco, Ross,
Banks,May, Cron&Cavin, 713-626-1200.
Sincerely,
K ` d �(����""°�.
Roger C. Roecker
City Manager
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■ Complete items 1,2,and 3.Also complete n• Signature .
item 4 if Restricted Delivery is desired. ❑qqent
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D. IsdeliveryaddressdiHerentfromttemt7 ❑Yes �
! 1. Article Addressed to: If YES,enter delivery address below: ❑No
Susan Combs i
Tegas State Comptroller i
P.O. Box 13942 � `
Capital Station '
AuStlII� T% 7s�11-3528 3. ServiceType
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I' 2. ArtICIeNumber 7��7 268� ���2 4361 6552 �
(IYans(e1lrom service la6 �
PS Form 3811,Febmary 2004 �omestic Retum Receipt � 102595-az-M-t540 I
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