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Resolution 2004-04 I RESOLUTION NO. 2004-04(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE, BY PURCHASE OR CONDEMNATION, CERTAIN PROPERTY; GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE PROPERTY FOR THE ALANIS DRIVE PAVING PROJECT; ESTABLISHING PROCEDURES FOR THE ACQUISITION, BY PURCHASE OR CONDEMNATION, OF PROPERTY. WHEREAS, the City Council of the City of Wylie, Texas ("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 purchase or condemnation, of the property described in Exhibits "A"-"I" and it is the City of Wylie, Texas' ("Wylie") intention to acquire, by purchase or condemnation, the real property as set out and described in Exhibits "A"-"I" attached hereto and made a part of this resolution of for all purposes (the "Property") as part of the Alanis Drive Project of Wylie for the purposes of paving and drainage improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: 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 purchase or condemnation, of the Property described in Exhibit "A"-"I" and it is Wylie's intention to acquire, by purchase or condemnation, the Property as set out and described in Exhibit "A"-"I" attached hereto and made a part of this resolution offor all purposes as part of the Alanis Drive Project of Wylie for the purposes of paving and drainage improvements. SECTION 2: The City Manager is hereby authorized to contract, on behalf of Wylie, with professional appraisers for appraisal services and with attorneys for preparation of title opinions needed by Wylie from time to time in connection with acquisition, by purchase or condemnation, of the Property for the Alanis Drive Project. Resolution #2004-04 Condemnation Resolution Page I SECTION 3: After consideration of said recommendation, the City Manager shall establish and approve the amount determined to be just compensation for acquisition of the Property. SECTION 4: Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition, the City Manager is authorized to communicate a written offer to the owner of said Property for acquisition of said Property at the full amount determined and established to be just compensation therefore, and to negotiate with said owner on behalf of Wylie. SECTION 5: That the City Manager be and is hereby authorized to execute all documents necessary to acquire the Property needed for said project, on behalf of Wylie. SECTION 6: Should the City Manager be unable to acquire the Property by purchasing the same, the City Manager is authorized to instruct the City Attorney's Office to commence condemnation proceedings for the acquisition of the Property. SECTION 7: That 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 27th day of January, 2004. \\\\111111/1// "",\ 0 F /IV 11111/ .;:;-' ~ -4. ......... r( /-:,. ~ ,," ... .... /. ~ ~ CJ ... e. ((' ~ ::..~..-::. ; i SEAL \ ~ :. ~ ~ ~PJ i : ... . . ~ e. ./8':: -:,~ -..a ..<< ~ '..6 IA.~. .. r_ '- '/ "1/ ....... ~J ~ ///111 YL I E it'/-. ",........' 1/1/111,',,\\\\" ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: ~A ABERNATHY, ROEDER, BOYD & JOPLIN, P.e. RICHARD M. ABERNATHY City Attorneys Resolution #2004-04 Condemnation Resolution Page 2