Resolution 2010-21 RESOLUTION NO. 2010-21(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE, BY
PURCHASE OR CONDEMNATION, CERTAIN PROPERTIES FOR
THE RIGHT-OF-WAY AND/OR RELATED EASEMENTS FOR THE
CONSTRUCTION OF AND/OR IMPROVEMENTS TO THE CR 382
BRIDGE; GIVING NOTICE OF AN OFFICIAL DETERMINATION TO
ACQUIRE PROPERTIES FOR RIGHT-OF-WAY AND/OR RELATED
EASEMENTS FOR THE CR 382 BRIDGE PROJECT; AUTHORIZING
THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS TO
ESTABLISH PROCEDURES FOR ACQUIRING THE PROPERTIES,
BY PURCHASE OR CONDEMNATION; APPROPRIATING FUNDS;
MAHING OFFERS; 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, and the public welfare and convenience will be
served by, the acquisition, of right-of-way and/or related easements on each of the parcels of
properties described in Exhibits "A" through "D", attached hereto and made a part of this
� Resolution for all purposes (the "Properties"), and it is the City of Wylie, Texas' ("W intent
to acquire, by purchase or condemnation, the necessary right-of-way and/or easements on the
Properties for the purpose of, among other things, the construction, access, repair and
maintenance of public facilities, specifically, the right-of-way and/or related easements for the
construction of and/or improvements to the CR 382 Bridge (hereinafter referred to as the
"Project") for the purposes of, among other things, paving and drainage improvements.
WHEREAS, it is necessary to establish procedures for determining the establishment
and approval of just compensation for the right-of-way to be acquired for the Project.
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 Pro�erty. The City Council hereby officially determines
that there is a public necessity for, and the public welfare and convenience will be served by, the
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Determining a Public Necessity to Acquire By
Purchase or Condemnation Certain Properties Page 1
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acquisition of the Properties, and it is Wylie's intent to acquire, by purchase or condemnation,
the Properties described in Exhibits "A" through "D" attached hereto, for the Project.
�
SECTION 3: Autharity of the Citv Manager. 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 acquiring the Properties for the Project. The City Council hereby ratifies any contracts
entered into, prior to the effective date of this 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 Properties made the subject of this Resolution.
SECTION 4: Determination of Just Com�ensation. The City Manager, or her designee,
is hereby authorized and directed to examine and rely on the independent appraisal reports, and
other information, in establishing and approving the fair market value offer and the just
compensation for said right-of-way and/or easements. After consideration of said information,
the City Manager shall establish and approve the amount determined to be just compensation for
acquisition of the right-of-way and/or easements.
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 Properties, the City
Manager, or her designee, is authorized to send a written offer to the owner(s) of said Properties,
along with a copy of the Landowner's Bill of Rights, for acquisition of said right-of-way and/or
easements at the full amount determined and established to be just compensation for each parcel,
and to negotiate with said owner(s) on behalf of Wylie.
SECTION 6: Authoritv to Execute Documents. The City Manager is hereby
authorized, on behalf of Wylie, to execute all documents necessary to acquire, by purchase or
condemnation, each of the parcels needed for the Project.
SECTION 7: Disposal of Improvements. The City Manager is hereby authorized to sell
such surplus improvements, if any, located on the right-of-way acquired in connection with this
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Purchase or Condemnation Certain Properties Page 2
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Project, should they interfere with use and enjoyment of the right-of-way.
,,.�.. SECTION 8: Source of Funds. The amount to be paid, if any, for acquiring the right-of-
way and/or easements for the construction of and/or improvements to the CR 382 Bridge, will be
appropriated from the Street Capital Projects Fund and the City Engineer Budget.
SECTION 9: Condemnation Authorized. Should the City Manager be unable to acquire
the right-of-way and/or easements by purchasing same, the City Manager is authorized to
instruct the law firm of Abernathy, Roeder, Boyd & Joplin P.C. to commence condemnation
proceedings for the acquisition of the right-of-way and/or easements for the Project.
SECTION 10: 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 June, 2010.
�
Eric Hogue, Ma o •
ATTESTED TO AND ��� OF T�7�, f
CORRECTLY RECORDED BY: ` ,�r�r �,t+
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Carole Ehrlic , i y Secretary
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Determining a Public Necessity to Acquire By
Purchase or Condemnation Certain Properties Page 3
509203-1