Resolution 2013-24D
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Wylie, Texas ( "City Council "), investigated
and determined that there is a public necessity for the acquisition, by eminent domain, of parcels
of rights -of -way (in fee simple), drainage easements and related improvements (collectively,
"ROWS and Easements ") on the properties described in Exhibits 4" — "18 ", attached hereto and
incorporated herein for all purposes ( "Properties "), and it is the City of Wylie, Texas' ( "Wylie ")
intent to acquire the necessary ROWS and Easements on the Properties for the purpose of, among
other things, the construction, access, repair, maintenance and replacement of and /or
improvements to public facilities, specifically, the ROWS and Easements for the construction of
and /or improvements for the Ballard Avenue Project (from Alanis Drive to the Collin County
Line) (hereinafter referred to as the "Project ") for the purposes of, among other things, paving
and drainage improvements; and
WHEREAS, the City Council has investigated and determined that the Project is
necessary for public use; and
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Determining Public Necessity to Acquire By Purchase Certain Properties Page 1 of 68
RESOLUTION NO. 2013-24(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE
CERTAIN PROPERTIES FOR PUBLIC USE BY EMINENT DOMAIN
FOR RIGHTS -OF -WAY (IN FEE SIMPLE), DRAINAGE EASEMENTS
AND RELATED IMPROVEMENTS FOR THE CONSTRUCTION,
ACCESS, REPAIR, MAINTENANCE AND REPLACEMENT OF
AND /OR IMPROVEMENTS TO THE BALLARD AVENUE PROJECT
(FROM ALANIS DRIVE TO THE COLLIN COUNTY LINE); GIVING
NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE
PROPERTIES FOR RIGHTS -OF -WAY (IN FEE SIMPLE), DRAINAGE
EASEMENTS AND RELATED IMPROVEMENTS FOR THE
BALLARD AVENUE PROJECT (FROM ALANIS DRIVE TO THE
COLLIN COUNTY LINE); AUTHORIZING THE CITY MANAGER OF
THE CITY OF WYLIE, TEXAS TO ESTABLISH PROCEDURES FOR
ACQUIRING THE RIGHTS -OF -WAY (IN FEE SIMPLE), DRAINAGE
EASEMENTS AND RELATED IMPROVEMENTS, OFFERING TO
ACQUIRE THE RIGHTS -OF -WAY (IN FEE SIMPLE), DRAINAGE
EASEMENTS AND RELATED IMPROVEMENTS VOLUNTARILY
FROM THE LANDOWNERS THROUGH THE MAKING OF BONA
FIDE OFFERS; AUTHORIZING THE USE OF EMINENT DOMAIN
TO CONDEMN; APPROPRIATING FUNDS; PROVIDING FOR
D
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Wylie, Texas ( "City Council "), investigated
and determined that there is a public necessity for the acquisition, by eminent domain, of parcels
of rights -of -way (in fee simple), drainage easements and related improvements (collectively,
"ROWS and Easements ") on the properties described in Exhibits 4" — "18 ", attached hereto and
incorporated herein for all purposes ( "Properties "), and it is the City of Wylie, Texas' ( "Wylie ")
intent to acquire the necessary ROWS and Easements on the Properties for the purpose of, among
other things, the construction, access, repair, maintenance and replacement of and /or
improvements to public facilities, specifically, the ROWS and Easements for the construction of
and /or improvements for the Ballard Avenue Project (from Alanis Drive to the Collin County
Line) (hereinafter referred to as the "Project ") for the purposes of, among other things, paving
and drainage improvements; and
WHEREAS, the City Council has investigated and determined that the Project is
necessary for public use; and
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WHEREAS, it is necessary to establish procedures for determining the establishment
and approval of just compensation for the ROWS and Easements to be acquired by eminent
domain for the Project; and
WHEREAS, there may be improvements located on some of the Properties acquired for
this Project and such improvements may be required to be moved prior to the beginning of this
Project; and
WHEREAS, the City Manager, or her designee, ( "City Manager ") is required to make a
bona fide offer, as defined by and in compliance with §21.0113, Texas Property Code,
(individually and collectively, "Bona Fide Offer(s) ") to acquire the ROWs and Easements on the
Properties for public use voluntarily from the subject landowners prior to moving forward with
acquisition by eminent domain; and
WHEREAS, the City Council has investigated and determined that the passage of this
Resolution complies with S.B. 18, enacted by the 82nd Legislature, which became effective on
September 1, 2011.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Resolution as if fully set forth herein.
SECTION 2: Acquisition of Properties. The City Council hereby officially determines
that there is a public necessity for, and the public welfare and convenience will be served by, the
acquisition, by eminent domain, of the ROWs and Easements on the Properties, and it is Wylie's
intent to acquire the ROWs and Easements for public use as more specifically described in and
depicted on Exhibits "1" — "18 ", attached hereto, specifically for the purpose of, among other
things, the construction, access, repair, maintenance and replacement of and /or improvements to
the Project.
SECTION 3: Authority of the City Manager /Bona Fide Offer. The City Manager is
hereby authorized to contract, on behalf of the City Council, with professional appraisers for
appraisal services and with attorneys for preparation of title opinions needed by Wylie from time
to time in connection with the acquisition of the ROWs and Easements on the Properties for the
purpose of, among other things, the construction of, access to, repair of, maintenance of,
replacements of and /or improvements to roadway or drainage facilities necessary for the Project.
The City Council hereby ratifies any contracts entered into, prior to the effective date of this
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Resolution, by the City Manager with professional appraisers for appraisal services and with
attorneys for preparation of title opinions needed for the acquisition of the ROWS and Easements
on the Properties. To this end, the City Manager shall first make a Bona Fide Offer to acquire the
ROWS and Easements on the Properties from the subject landowners voluntarily. Should the
landowners fail to provide the ROWS and Easements voluntarily through said Bona Fide Offer,
the City Manager is authorized to move forward with acquiring the ROWS and Easements on the
Properties by eminent domain to condemn.
SECTION 4: Determination of Just Compensation. The City Manager is hereby
authorized and directed to examine and rely on the independent appraisal reports, and other
information, to make a determination as to the establishment and approval of a fair market value
offer and the just compensation for the ROWS and Easements on the Properties for the purpose
of making Bona Fide Offers. After consideration of said information, the City Manager shall
establish and approve the amount determined to be just compensation for acquisition of the
ROWs and Easements, and shall have the authority to execute any and all documents necessary
to complete the acquisition of same.
SECTION 5: Authority to Make an Offer. Upon establishment and approval by the City
Manager of the amount of just compensation for the acquisition of the ROWs and Easements on
the Properties, the City Manager, or her designee, is authorized to send written Bona Fide Offers
to the landowner(s) of said Properties for acquisition of said ROWS and Easements at the full
amount determined and established to be just compensation for each parcel, and to negotiate with
said landowner(s) on behalf of Wylie to acquire the ROWs and Easements voluntarily from said
landowner(s).
SECTION 6: Authority to Execute Documents. The City Manager is hereby
authorized, on behalf of Wylie, to execute all documents necessary to acquire each of the ROWS
and Easements on the Properties needed for the Project, on behalf of Wylie, whether by purchase
or eminent domain. The City Council hereby ratifies any documents executed, prior to the
effective date of this Resolution, by the City Manager which were necessary for the acquisition
of any ROWs and Easements on the Properties for the Project.
SECTION 7: Disposal of Improvements. The City Manager is hereby authorized to sell
such surplus improvements, if any, located on the ROWS and Easements acquired in connection
with this Project, should they interfere with use and enjoyment of said ROWs and Easements.
SECTION 8: Eminent Domain Authorized. Should the City Manager be unable to
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acquire the ROWS and Easements voluntarily from the landowners through the making of Bona
Fide Offers, the City Manager is authorized to instruct the law firm of Abernathy, Roeder, Boyd,
& Joplin, P.C. to commence eminent domain proceedings for the acquisition of the ROWS and
Easements on the Properties for the Project.
SECTION 9: Source of Funds. The amount to be paid, if any, for acquiring the ROWS
and Easements on the Properties for the Project will be appropriated from any lawful source.
SECTION 10: Savings/Repealing Clause. All provisions of any resolution in conflict
with this Resolution are hereby repealed; but such repeal shall not abate any pending matters of
the repealed resolution. Any remaining portions of conflicting resolutions shall remain in full
force an effect.
SECTION 11: Severability. Should any section, subsection, sentence, clause or phrase
of this Resolution be declared unconstitutional or invalid by a court of competent jurisdiction, it
is expressly provided that any and all remaining portions of this Resolution shall remain in full
force and effect. Wylie hereby declares that it would have passed this Resolution, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 12: Effective Date. This Resolution shall take effect immediately from and
after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 22nd day of October, 2013.
ATTESTED TO AND
CORRECTLY RECORDED BY:
Carole Ehrlich, ity Secretary
DATE(S) OF PUBLICATION:
V, � gl"
Eric Hogue, Nfayo�)
APPROVED AS TO FORM:
Abernathy, R der, Boyd & Joplin, P.C.
Courtney A. Kuykendall, City Attorneys
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