(a) 
Designated representative.
(1) 
The city council directs and designates the city manager to act as its designated representative to establish just compensation as circumscribed in this division.
(2) 
The city council directs and designates the city manager to act as its designated representative in negotiations with property owners as circumscribed in this division.
(b) 
Negotiated purchase.
(1) 
The city will make every reasonable effort to acquire each property by negotiated purchase before instituting eminent domain in proceedings against the property.
(2) 
The city will not require any owner to surrender the right to possession of his property until the city pays, or causes to be paid, to the owner the agreed purchase price arrived at by negotiation.
(3) 
The city will not require any person lawfully occupying property to surrender possession without written notice from the city of the date on which possession will be required.
(c) 
Negotiation period.
(1) 
The city shall make a diligent, conscientious effort to induce the owner to accept a fair and proper price for his property.
(2) 
Should the city’s designated representative feel that an impasse has been reached, he shall immediately prepare the final notice stipulated in this division.
(d) 
Final notice.
(1) 
When efforts to negotiate have been unsuccessful, the city’s designated representative shall prepare a notice making a final offer to the owner in writing.
(2) 
This final offer shall include an invitation to discuss acquisition of the property with the city’s designated representative, afford a reasonable period of time for the owner to accept or reject the invitation, and include a notification of the date on which the city intends to institute eminent domain proceedings if agreement cannot be reached on the purchase of the property within the time specified.
(e) 
Institution of condemnation proceedings.
(1) 
To avoid delay in the timely filing of condemnation proceedings due to failure of negotiations to effect acquisition, the city’s designated representative is authorized and instructed to notify the attorney to institute condemnation proceedings for acquisition of any property, provided the above requirements have been met.
(2) 
The city’s designated representative is further authorized and instructed to institute condemnation proceedings for any property that must be acquired by condemnation.
(3) 
A report of any and all such actions taken by the city’s designated representative shall be presented to the city council at the next regular meeting for ratification.
(f) 
Records.
(1) 
The city shall maintain records of its negotiations and other actions.
(2) 
As evidence of the city’s adherence to this policy and state and federal requirements, the city’s designated representative serving as negotiator shall maintain individual records of all negotiations with individual property owners.
(1995 Code, sec. 38.20; Resolution 3190 adopted 6/18/1996)
(a) 
In the acquisition of land or interest in land, the city will follow the procedure outlined as follows:
(1) 
Determine the land or interest in the land to be required.
(2) 
Give written notice to the owner and tenants of intent to acquire the property.
(3) 
Have the property appraised by a qualified appraiser, if applicable.
(4) 
Give the owners the opportunity to accompany the appraiser, if applicable, when he inspects the property.
(5) 
When applicable, have the appraisal reviewed by a qualified reviewing appraiser. This review will be written and will require the appraiser to make any necessary corrections. The reviewing appraiser will recommend a fair market value to the city’s designated representative or recommend that another appraisal be obtained.
(6) 
The city’s designated representative will then establish just compensation for the property.
(7) 
The owner will then be offered the full amount of the established just compensation and will be furnished a written statement of the basis for the determination of the just compensation.
(8) 
If the acquisition of any part of the property will leave the owner with an uneconomic remnant, the city will offer to acquire the uneconomic remnant.
(9) 
If the owner is not satisfied with the city’s offer of just compensation, the owner may refuse to accept it; and if the owner can provide evidence concerning value or damage that warrants a change in the city’s determination of just compensation, the price will be adjusted accordingly; and if a voluntary agreement cannot be reached, the city will institute a formal condemnation proceeding against the property, depositing in the court the full amount of the city’s estimate of just compensation.
(10) 
All settlement and related costs, including drafting of instruments, will be paid by the city.
(b) 
The city council is vitally concerned with the efficient execution of the Texas Community Development Program projects under its jurisdiction in keeping with the policies and procedures and has determined it necessary to acquire property.
(1995 Code, sec. 38.21; Resolution 3190 adopted 6/18/1996)
The aforementioned general land acquisition policies and procedures are adopted and apply to all property acquired under the Texas Community Development Program, and the city manager is designated as the city’s authorized representative.
(1995 Code, sec. 38.22; Resolution 3190 adopted 6/18/1996)
The citizen participation plan, including the complaint system to be utilized for all comments or complaints received by the city concerning any past, current, or proposed state community development program project, is adopted by reference and incorporated as part of this Code of Ordinances as fully as if set out at length herein.
(1995 Code, sec. 38.23; Resolution 3238 adopted 4/1/1997)