Res 2001-182 - Laserfiche WebLink

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LEGAL ASSISTANCE Consultant acknowledges that the City Attorney will be responsible for all matters requiring legal opinions, litigation, or legal interpretation regarding acquisition, unless otherwise authorized in writing. The Consultant agrees to work \vith the City Attorney, or other assigned counsel, when legal matters are to be addressed. The Consultant will: 1. Recommend the institution of proceedings in eminent domain against a property owner after all good faith negotiation efforts have failed. The Consultant will consult the Contract Manager regarding a recommendation for acquisition by eminent domain. 2. Advise the City Attorney, or other assigned counsel, as needed, on any recommendation for the initiation of proceedings in eminent domain. 3. Furnish condemnation support services as directed. 4. Prepare for and testify, as may be determined necessary and required by the City Attorney, or other assigned counsel, for Special Commissioners Hearings and trials de novo. CONDEl\1NA TION SUPPORT SERVICES 1. Upon receipt of notice of rejection of a final offer, request an updated title commitment for Eminent Domain from the Title Company. 2. Secure a signed and sealed Parcel Description and Plat for the property exhibit. 3. Use the information from the title commitment to join all parties having a property interest on TXDOT Form RTE-49. 4. Upon completion of a form similar to TXDOT Form RTE-49, prepare a packet (the "Packet") containing 2 copies each of the following documents: RTE-49 form, Title Commitment, Negotiator's Reports, Appraisal Acknowledgment, pre-appraisal contact sheet, signed and sealed field notes, parcel sketch, Final Offer Letter, the Condemnation Resolution passed by the City Council, any correspondence from the property owner or legal representatives, and one copy of the appraisal report. Submit Packet to City. 5. After receipt of the Packet and the preparation of the condemnation documents (the "Documents") by the City Attorney, or assigned legal counsel, the Consultant may be directed to perform various condemnation support service tasks. The Documents will include the Petition for Condemnation, the Lis Pendens, the Order Appointing Commissioners, the Oaths of the Special Commissioners, the Order setting the Hearing, and the Notice of Hearing. 6. As directed by legal counsel, the Consultant may be required to perform some of the following services: a. File the Petition for Condemnation (the "Petition") with the appropriate court (the "Court") and obtain a cause number (Secure File Marked Copy.) 6