Resolution 2019-06 Page 1 of 5
Resolution No. 2019-06(R) Authorizing the Acquisition of
Property by Eminent Domain for the McMillen Road
Projects
2626497
RESOLUTION NO. 2019-06(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), TEMPORARY
CONSTRUCTION EASEMENTS AND RELATED IMPROVEMENTS
FOR THE CONSTRUCTION, EXPANSION, ACCESS, REPAIR,
MAINTENANCE AND REPLACEMENT OF MCMILLEN ROAD (FROM
APPROXIMATELY MCCREARY ROAD TO COUNTRY CLUB ROAD
(FM 1378)); GIVING NOTICE OF AN OFFICIAL DETERMINATION TO
ACQUIRE CERTAIN PROPERTIES FOR PUBLIC USE BY EMINENT
DOMAIN FOR RIGHTS-OF-WAY (IN FEE SIMPLE), TEMPORARY
CONSTRUCTION EASEMENTS AND RELATED IMPROVEMENTS
FOR THE CONSTRUCTION, EXPANSION, ACCESS, REPAIR,
MAINTENANCE AND REPLACEMENT OF MCMILLEN ROAD (FROM
APPROXIMATELY MCCREARY ROAD TO COUNTRY CLUB ROAD
(FM 1378)); AUTHORIZING THE CITY MANAGER OF THE CITY OF
WYLIE, TEXAS, TO ESTABLISH PROCEDURES FOR ACQUIRING
THE RIGHTS-OF-WAY (IN FEE SIMPLE), TEMPORARY
CONSTRUCTION EASEMENTS AND RELATED IMPROVEMENTS,
OFFERING TO ACQUIRE SAID PROPERTY RIGHTS, VOLUNTARILY,
FROM THE LANDOWNERS THROUGH THE MAKING OF BONA FIDE
OFFERS; APPROPRIATING FUNDS; 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 and determined that there is a public necessity for the acquisition, by eminent
domain, of certain parcels of rights-of-way (in fee simple), temporary construction easements
and related improvements (collectively, “ROWs and Easements”) on the real property described
and depicted in Exhibit 1, attached hereto and incorporated herein for all purposes (collectively,
“Properties”); and
WHEREAS, it is the intent of the City of Wylie, Texas (“Wylie”) to acquire the
necessary ROWs and Easements on the Properties for the purpose of, among other things, the
construction, expansion, access, repair, maintenance and replacement of and/or improvements to
public facilities; specifically, ROWs and Easements for the construction of and/or improvements
to McMillen Road (between approximately McCreary Road and Country Club Road (FM 1378))
(collectively, the “Projects”) for the purposes of, among other things, paving improvements; and
WHEREAS, the City Council finds that the descriptions of the Properties to be acquired
by eminent domain for the Projects, which are attached hereto in Exhibit 1, comply with Chapter
2206 of the TEX. GOV’T CODE, as amended (“Chapter 2206”), in that the same provides owners
of the Properties reasonable notice that the owners’ Properties may be subject to condemnation
proceedings during the planning or construction of the Projects; and NO ACTION TAKEN
Page 2 of 5
Resolution No. 2019-06(R) Authorizing the Acquisition
of Property by Eminent Domain for the McMillen
Road Projects
2626497
WHEREAS, the City Council has further investigated and determined that the Projects
are necessary for public use; and
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 Projects; and
WHEREAS, there may be improvements located on some of the Properties acquired for
these Projects and such improvements may be required to be moved prior to the beginning of
these Projects; and
WHEREAS, the City Manager, or his designee (“City Manager”), is required to make a
bona fide offer, as defined by and in compliance with Section 21.0113 of the Texas Property
Code (“Bona Fide Offer”) to acquire each of 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 Chapter 2206 and other applicable laws.
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 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 described and depicted in Exhibit 1,
attached hereto, specifically for the purpose of, among other things, the construction, expansion,
access, repair, maintenance and replacement of and/or improvements of the Projects.
SECTION 3: Authority of 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, access, repair, maintenance and replacement of and/or
improvements to the Projects. 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 ROWs and Easements on the Properties. To this end, the City Manager shall negotiate
and make Bona Fide Offers to acquire the ROWs and Easements on the Properties from the
subject landowners voluntarily. Should one or more of the landowners fail to provide the ROWs
and Easements voluntarily in response to said Bona Fide Offers, the City Manager is authorized
to move forward with acquiring the ROWs and Easements on the Properties by eminent domain. NO ACTION TAKEN
Page 3 of 5 Resolution No. 2019-06(R) Authorizing the Acquisition
of Property by Eminent Domain for the McMillen
Road Projects
2626497
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 negotiating for the acquisition of the ROWs and Easements as well as making the Bona Fide
Offers. After such consideration, the City Manager shall establish and approve the amount
determined to be just compensation for acquisition of said 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 is authorized to negotiate the acquisition of the ROWs and
Easements and to send a written Bona Fide Offer to the each of the landowners of said Properties
for the acquisition of said ROWs and Easements at the full amount determined and established to
be just compensation therefore, and to negotiate with said landowners on behalf of Wylie to
acquire the ROWs and Easements voluntarily.
SECTION 6: Authority to Execute Documents. The City Manager is hereby authorized
to execute all documents necessary to acquire the ROWs and Easements on the Properties
needed for the Projects, 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 the ROWs and Easements on the
Properties for the Projects.
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 these Projects, should they interfere with the intended use and enjoyment of said ROWs and
Easements.
SECTION 8: Eminent Domain Authorized. Should the City Manager be unable to
acquire the ROWs and Easements voluntarily from the landowners, through the making of the
Bona Fide Offers, the City Manager is authorized to direct the law firm of Abernathy, Roeder,
Boyd & Hullett, P.C., to commence eminent domain proceedings for the acquisition of the
ROWs and Easements on the Properties for the Projects.
SECTION 9: Source of Funds. The amount to be paid, if any, for acquiring the ROWs
and Easements on the Properties for the Projects will be appropriated from any lawful source.
SECTION 10: Savings/Repealing. All provisions of any resolution in conflict with this
Resolution are hereby repealed to the extent they are in conflict. Any remaining portion of
conflicting resolutions shall remain in full force and 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. The City Council 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 NO ACTION TAKEN
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Resolution No. 2019-06(R) Authorizing the Acquisition of
Property by Eminent Domain for the McMillen Road
Projects
2626497
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 11th day of June, 2019.
________________________________
Eric Hogue, Mayor
ATTEST:
________________________________
Stephanie Storm, City Secretary
Date of Publication: June 19, 2019 in the Wylie NewsNO ACTION TAKEN
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Resolution No. 2019-06(R) Authorizing the Acquisition of
Property by Eminent Domain for the McMillen Road
Projects
2626497
EXHIBIT 1
[105 pages attached hereto] NO ACTION TAKEN
BarBinkley
consulting engineers
&field, Inc.
Texas Registration Number F-257 City of WylieNO ACTION TAKEN
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