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Res 2005-053
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Res 2005-053
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1/5/2006 8:26:44 AM
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1/5/2006 8:26:11 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2005-53
Date
4/19/2005
Volume Book
161
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<br />Draft 4/14/05 <br />g) <br /> <br />h) <br /> <br />i) <br /> <br />File the Lis Pendens including the cause number with the Hays County Clerk's <br />Office. <br />Upon assignment of a court, file the Order Appointing Commissioners with the <br />judge retaining a copy of the Order for the files. <br />Following appointment of Special Commissioners by the County Court at Law <br />judge, secure the following documents: Oath of Commissioners signed by the <br />Commissioners, Order Setting Hearing, 2 copies of the Notice of Hearing signed <br />by the Commissioners. <br />File all originals with the court and send copies marked "copy" to the City and <br />City's outside legal counsel. <br />Send a copy of the petition to the title company so that the title company can make <br />sure the appropriate parties were joined and that no changes in title have occurred. <br />Set the commissioners hearing after the updated appraisal has been submitted, if <br />there is no change in value. If there is an increase in value, the Consultant will <br />make a revised offer and a final offer letter and submit a copy of the final offer <br />letter to the City. <br />Send a written notice to the City's legal counsel so that a conference room or court <br />room may be reserved for the hearing. <br />Coordinate the hearing date with the City's legal counsel, the Consultant's <br />sub consultant appraiser, the City's representative(s), three Commissioners, and a <br />court reporter. <br />Coordinate a pre-hearing conference prior to the hearing (the day before or earlier) <br />to discuss facts ofthe case with the City's legal counsel, the Consultant's <br />sub consultant appraiser, and the City. <br />After the hearing is set, serve Notices of Hearing to the indicated parties at least 11 <br />days prior to the Commissioner's hearing. <br />Once the notices have been served, file the original notices with the court and send <br />copies stamped "copy" to the City and City's legal counsel. <br />Send a reminder letter 2-3 weeks in advance to the City's legal counsel, the <br />appraiser, three commissioners, court reporter, and the City concerning hearing <br />dates. <br /> <br />j) <br />k) <br />1) <br /> <br />m) <br /> <br />n) <br /> <br />0) <br /> <br />p) <br /> <br />q) <br /> <br />r) <br /> <br />1.10.2 Provide post-hearing support to the City as follows: <br /> <br />a) For the hearing, prepare TxDOT Form RTE 73 and Special Commissioner's time <br />sheets. Submit TxDOT Form RTE-73 to the City. <br />b) Obtain the signatures of Commissioners on the Award of Commissioners and file <br />with the court for the judge's signatures within 48 hours of the hearing. <br />c) Give timesheets to the judge. The judge will determine the amount paid to the <br />Commissioners. <br />d) Obtain and distribute 3 certified copies of the Award of Commissioners as follows: <br />1 certified copy to the title company with a request for a commitment, 1 certified <br />copy to the City's legal counsel, and 1 certified copy to the City with the <br />commitment to request the check in the amount of the Commissioners Award. <br /> <br />8 <br />
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