Resolution 2004-24
RESOLUTION NO. 2004-24(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE, BY
PURCHASE OR CONDEMNATION, A SANITARY SEWER EASEMENT
AND FOUR (4) TEMPORARY CONSTRUCTION EASEMENTS; GIVING
NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE THE
EASEMENTS FOR THE BENEFIT OF EXTENDING SANITARY SEWER
UTILITES; ESTABLISHING PROCEDURES FOR THE ACQUISITION,
BY PURCHASE OR CONDEMNATION, OF THE EASEMENTS.
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 easements on the property
described in Exhibits "A", "B", "C" and "D" and it is the City of Wylie, Texas' ("Wylie")
intention to acquire, by purchase or condemnation, the easements on the property as set out and
described in Exhibits "A", "B", "C" and "D" attached hereto and made a part of this resolution for
all purposes (the "Property") as part of the Muddy Creek Outfall Sanitary Sewer Project of Wylie
for the purpose of extending sanitary sewer utilities.
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 easements described in Exhibits "A", "B", "C" and "D" and it is
Wylie's intention to acquire, by purchase or condemnation, the easements as set out .and described
in Exhibits "A", "B", "C" and "D" attached hereto and made a part of this Resolution for the
purpose of the Muddy Creek Outfall Sanitary Sewer Project of Wylie and for the purpose of
extending sanitary sewer utilities.
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 easements for the Muddy Creek Outfall Sanitary Sewer Project.
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
easements.
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 easements at the full amount determined
and established to be just compen~ation therefore, and to negotiate with said owner on behalf of
Wylie.
Resolution #2004-24 (R)
Condemnation of Nelson Property
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SECTION 5: That the City Manager be and is hereby authorized to execute all
documents necessary to acquire the easements needed for said project, on behalf of Wylie.
SECTION 6: Should the City Manager be unable to acquire the easements 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 easements.
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 26 day of October, 2004.
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ATTESTED TO AND
CORRECTLY RECORDED BY:
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RESOLUTION 2004-24 (R)
Muddy Creek-Nelson Property Condemnation
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