Resolution 2014-10RESOLUTION NO. 2014-10(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, AUTHORIZING THE ABATEMENT OF THE SUBSTANDARD
STRUCTURE LOCATED AT 705 JACKSON AVENUE, WYLIE, TEXAS;
AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE,
TEXAS TO: (11) INITIATE A CHAPTER 54, TEX. LOC. GOV'T CODE,
LAWSUIT, IF DEEMED NECESSARY; (I1) EXECUTE ANY AND ALL
DOCUMENTS NECESSARY TO EFFECTUATE THE ABATEMENT,
INCLUDING BUT NOT LIMITED TO, ANY SETTLEMENT
REGARDING THE LAWSUIT AND /OR ABATEMENT; AND (III) TAKE
ANY AND ALL ACTIONS DEEMED NECESSARY BY THE CITY
MANAGER TO EFFECTUATE THE ABATEMENT; RATIFYING ANY
AND ALL ACTIONS TAKEN AND /OR DOCUMENTS EXECUTED BY
THE CITY MANAGER PRIOR TO THE EFFECTIVE DATE OF THIS
RESOLUTION RELATING TO THE ABATEMENT OF THE
SUBSTANDARD STRUCTURE; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Wylie, Texas ( "City Council ") has
investigated into and determined that the structure and underlying property, situated on the parcel
of land known as 705 Jackson Avenue, City of Wylie, Texas (collectively, "Structure ") has been,
and remains, in violation (collectively, "Violations ") of the ordinances of the City of Wylie,
Texas (" Ut ") relating to substandard structures, including but not limited to, Chapter 22
(Buildings and Building Regulations), Article X (Dangerous Buildings) of City's Code of
Ordinances (collectively, "Ordinances "); and
WHEREAS, the City Council has further investigated into and determined that the City's
Chief Building Official ( "Building Official ") complied with the Ordinances in attempting to
ensure the owner ( "Owner ") of the Structure remedied the Violations; and
WHEREAS, the City Council has further investigated into and determined that the Owner
failed to comply with the Ordinances by remedying the Violations; and
WHEREAS, the City Council has further investigated into and determined that as a result
of the Owner's failure to remedy the Violations, the Structure, therefore, was, and hereby
confirmed to be, a nuisance, hazard to the health, safety and welfare of the citizens of the City
and likely to endanger persons and property; and
WHEREAS, the City Council has further investigated into and determined that the
Building Official has ensured that the Structure is unoccupied and secured against unauthorized
entry; and
Resolution No. 2014 -10(R) - Abatement of Substandard Structure -- 705 Jackson Ave. Page 1 of 3
WHEREAS, the City Council has further investigated into and determined that based on
the Structure being dilapidated, substandard and /or unfit for human habitation, a hazard to the
health, safety and welfare of the citizens of the City and likely to endanger persons and property,
the City Manager authorized the City Attorney to initiate a Chapter 54, TEX. Loc. GOVT CODE,
lawsuit, seeking the court to order, among other things, the demolition of the Structure; and
WHEREAS, the City Council hereby ratifies all actions taken by the Building Official,
City Manager and City Attorney in abating the substandard Structure as set forth herein.
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: Building Official's Compliance with Ordinances. The City Council
hereby officially determines that the Building Official complied with the Ordinances in
attempting to ensure the Owner remedied the Violations, but the Owner failed and refused to do
SO.
SECTION 3: Structure Declared a Nuisance and Substandard. The City Council hereby
officially determines that the Structure was dilapidated, substandard and/or unfit for human
habitation, a hazard to the health, safety and welfare of the citizens of the City and likely to
endanger persons and property.
SECTION 4: Authority of City Manager. The City Council hereby officially determines
that the City Manager is authorized, in her sole discretion to, if such actions have not already
been taken: (i) instruct the City Attorney to initiate a Chapter 54, TEX. Loc. Gov'T CODE,
lawsuit, if deemed necessary; (ii) execute any and all documents necessary to effectuate the
abatement, including but not limited to, any settlement regarding the lawsuit and/or abatement;
and (iii) take any and all actions deemed necessary by the City Manager to effectuate the
abatement.
SECTION 5: Ratification of Prior Actions. The City Council hereby ratifies any and all
actions taken and /or documents executed by the City Manager prior to the effective date of this
Resolution relating to the abatement of the Structure, including but not limited to, instructing the
City Attorney to initiate a Chapter 54, TEX. Loc. Gov'T CODE, lawsuit, entering into any
settlement regarding such lawsuit and/or the abatement of the Structure and /or entering into any
contracts and/or agreements relating to the abatement of the Structure, through demolition or
otherwise.
SECTION 6: Repealing/Savings 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.
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SECTION 7: Severability. Should any section, subsection, sentence, clause and /or
phrase of this Resolution be declared unconstitutional and/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. City hereby declares that it would have passed this Resolution,
and each section, subsection, clause and.--'or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses and /or phrases be declared unconstitutional and/or
invalid.
SECTION 8: Effective Date. This Resolution shall take effect immediately from and
after its passage.
RESOLVED THIS the 22nd day of April, 2014.
te4'
ERIC HOGU , Wor
OF
ATTEST TO:
Carol Ehrlich, City ecretary °iola F ZRa iwgr
918871, O!
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