HomeMy WebLinkAboutResolution No. 2005-22 RESOLUTION NO. R2005-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS,ADOPTING A POLICY DESIGNED TO LIMIT
ITS POWER OF EMINENT DOMAIN, AS IT APPLIES TO
ACQUISITIONS FOR THE PURPOSES OF ECONOMIC
DEVELOPMENT, EXCEPT IN EXTREME CASES WHERE PUBLIC
HEALTH AND WELFARE ARE AT RISK, AND THEN ONLY UPON
THE AFFIRMATIVE VOTE OF 6 MEMBERS OF CITY COUNCIL;
DIRECTING THAT STAFF PREPARE AN ORDINANCE EFFECTING
THE POLICY ADOPTED HEREBY; PROHIBITING THE PLACEMENT
OF ANY ITEM INITIATING AN EMINENT DOMAIN PROCEEDING ON
A CITY COUNCIL AGENDA UNTIL CONSIDERATION BY CITY
COUNCIL OF AN ORDINANCE ADOPTING THE POLICY
ESTABLISHED HEREBY; AND CONTAINING OTHER MATTERS
RELATING TO THE SUBJECT.
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WHEREAS, recent developments have brought to the attention of the City Council and
the general public that certain municipalities within Texas and elsewhere have chosen to exercise
the power of eminent domain to acquire property for the purposes of economic development; and
WHEREAS, the City Council hereby finds and determines that the history and heritage
of Friendswood, from its beginnings as a Quaker community until the present, has jealously
guarded the sanctity of family and the preservation of its character as a City that places family
values as a highest priority, and that the taking of residential properties for economic
development purposes is particularly repugnant to such heritage; and
WHEREAS, the City Council hereby further finds and determines that the taking
property in the name of economic development should be exercised only in those extreme and
rare circumstances where public health and welfare are genuinely at risk; and
WHEREAS, in order to assure the citizenry that the City of Friendswood will not
jeopardize historical community values in the name of economic development, the City Council
deems it necessary and appropriate to adopt a policy regarding the use of such power, and to
begin a process to implement a permanent limitation thereof; now therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
Section l. The facts and matters set forth in the preamble of this Resolution are
hereby found to be true and correct.
Section 2. The City Council hereby adopts a policy to limit its use of eminent domain
for the purposes of acquiring property for economic development purposes, except in extreme
cases where public health and welfare are genuinely at risk, and then only upon the affirmative
vote of 6 members of City Council.
Section 3. The City Staff is hereby authorized and directed to prepare an ordinance
for City Council consideration effecting the policy adopted hereby. The City Secretary is hereby
authorized and directed to forward a copy of this Resolution, and any ordinance subsequently
adopted relating hereto, to the next Charter Review Commission of the City for consideration of
appropriate Charter amendments in accordance herewith.
Section 4. No item initiating an eminent domain proceeding shall be placed on a City
Council agenda until consideration by City Council of the ordinance described in Section 3
above.
PASSED,APPROVED,AND RESOLVED this the 25th day of July 2005.
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Kimball W. Brizendine
Mayor
ATTEST
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Deloris McKenzie, TRMC
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City Secretary * *
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