Resolution 2021-01RESOLUTION NO. 2021-01(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE
CERTAIN FOR PUBLIC USE BY EMINENT DOMAIN (IN FEE SIMPLE)
FOR THE CONSTRUCTION, EXPANSION, ACCESS, REPAIR,
MAINTENANCE AND REPLACEMENT OF THE BALLARD AVENUE
ELEVATED WATER STORAGE TANK; GIVING NOTICE OF AN
OFFICIAL DETERMINATION TO ACQUIRE CERTAIN FOR PUBLIC
USE BY EMINENT DOMAIN (IN FEE SIMPLE) FOR THE
CONSTRUCTION, EXPANSION, ACCESS, REPAIR, MAINTENANCE
AND REPLACEMENT OF THE BALLARD AVENUE ELEVATED
WATER STORAGE TANK; AUTHORIZING THE CITY MANAGER OF
THE CITY OF WYLIE, TEXAS, TO ESTABLISH PROCEDURES FOR
ACQUIRING THE PROPERTY (IN FEE SIMPLE), OFFERING TO
ACQUIRE SAID PROPERTY RIGHTS, VOLUNTARILY, FROM THE
LANDOWNER(S) THROUGH THE MAKING OF A BONA FIDE OFFER;
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 (in fee simple) and related improvements on the real property described and depicted in
Exhibit A. which attached hereto and incorporated herein for all purposes (the "Property"); and
WHEREAS, it is the intent of the City of Wylie, Texas ("Wylie") to acquire the necessary
Property for the purpose of, among other things, the construction, expansion, access, repair,
maintenance and replacement of and/or improvements to public facilities; specifically, the
construction of and/or improvements to the Ballard Avenue Elevated Water Storage Tank (the
"Project") for the purposes of, among other things, erecting a new tank structure; and
WHEREAS, the City Council finds that the descriptions of the Property to be acquired by
eminent domain for the Project, which are attached hereto in Exhibit A comply with Chapter 2206
of the Texas Government Code, as amended ("Chapter 2206"), in that the same provides owners
of the Property reasonable notice that the owners' Property may be subject to condemnation
proceedings during the planning or construction of the Project; and
WHEREAS, the City Council has further investigated and determined that the Project is
necessary for public use; and
WHEREAS, it is necessary to establish procedures for determining the establishment and
approval of just compensation for the Property to be acquired by eminent domain for the Project;
and
WHEREAS, there may be improvements located on the Property acquired for the Project
and such improvements may be required to be moved prior to the beginning of the Project; and
Resolution No. 2021-0I(R) Authorizing the Acquisition of Property by Eminent Domain for the Ballard Avenue
Elevated Water Storage Tank
Page 1 of 5
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 the Property for public use, voluntarily, from the subject
landowner(s) 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 Property. 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 Property, and it is Wylie's intent to acquire the Property for public use
as more generally depicted in Exhibit A, attached hereto, specifically for the purpose of, among
other things, the construction, expansion, access, repair, maintenance and replacement of and/or
improvements of the Project.
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 Property for the purpose of, among other things, the
construction, access, repair, maintenance and replacement of and/or improvements to 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 Property. To this end,
the City Manager shall negotiate and make a Bona Fide Offer to acquire the Property from the
subject landowner(s) voluntarily. Should one or more of the landowners fail to provide the
Property voluntarily in response to said Bona Fide Offer, the City Manager is authorized to move
forward with acquiring the Property by eminent domain.
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 Property for the purpose of negotiating for the acquisition
of the Property as well as making a Bona Fide Offer. After such consideration, the City Manager
shall establish and approve the amount determined to be just compensation for acquisition of
Property 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 Property, the City Manager
is authorized to negotiate the acquisition of the Property and to send a written Bona Fide Offer to
Resolution No. 2021-01(R) Authorizing the Acquisition of Property by Eminent Domain for the Ballard Avenue
Elevated Water Storage Tank
Page 2 of 5
the landowner(s) of said Property for the acquisition of said Property at the full amount determined
and established to be just compensation therefore, and to negotiate with said landowner(s) on
behalf of Wylie to acquire the Property voluntarily.
SECTION 6: Authority to Execute Documents. The City Manager is hereby authorized
to execute all documents necessary to acquire the Property 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 Property for the Projects.
SECTION 7: Disposal of Improvements. The City Manager is hereby authorized to sell
such surplus improvements, if any, located on the Property acquired in connection with these
Projects, should they interfere with the intended use and enjoyment of said Property.
SECTION 8: Eminent Domain Authorized. Should the City Manager be unable to
acquire the Property voluntarily from the landowner(s), through the making of a Bona Fide Offer,
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 Property for the Project.
SECTION 9: Source of Funds. The amount to be paid, if any, for acquiring the Property
for the Project 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 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 12th day of January, 2021.
[The remainder of this page intentionally left blank.]
Resolution No. 2021-01(R) Authorizing the Acquisition of Property by Eminent Domain for the Ballard Avenue
Elevated Water Storage Tank
Page 3 of 5
atthew Porter, Mayor
ATTEST:
hAli a,d DLL*,
Stephanie Storm, City Secretary.
Dates of Publication: Jan? :.' 17020 » e Wylie News
Resolution No. 2021-01(R) Authorizing the Acquisition of Property by Eminent Domain for the Ballard Avenue
Elevated Water Storage Tank
Page 4 of 5
Exhibit A
Resolution No. 2021-0I(R) Authorizing the Acquisition of Property by Eminent Domain for the Ballard Avenue
Elevated Water Storage Tank
Page 5 of 5
New Ballard Ave. Elevated Tank Site
12/10/2020
EXHIBIT "A"
Parcel No.1
City of Wylie
FIELD NOTE DESCRIPTION
1.221 ACRE LAND ACQUISITION
FOR PROPOSED BALLARD ELEVATED STORAGE TANK SITE
CITY OF WYLIE, TEXAS
Being a 1.221 acre tract of land to be acquired for the proposed Ballard Elevated Storage Tank Site, said tract
being situated in the Allen Atterberry Survey, Abstract Number 23, in the City of Wylie, Collin County, Texas
and being a part of Lot 2, Alanis Addition, an Addition to the City of Wylie according to the plat thereof
recorded in Cabinet P, Slide 287, of the Map Records of Collin County, Texas (P.R.C.C.T.), and being
proposed Lot 3 of Alanis Addition, Replat (not yet filed) and also being part of a called 3.074 acre tract of
land conveyed to Stepping Stones Group LLP, by deed recorded in Volume 5559, Page 1945 of the Deed
Records of Collin County, Texas (D.R.C.C.T.), said tract of land being more particularly described as follows:
BEGINNING at a 1/2-inch iron rod found for corner, said iron rod being on the northwest property corner of
said 3.074 acre Lot 2, Alanis Addition tract, and being on the northeast property corner of a called 1.5 acre
tract, conveyed to the City of Wylie by deed recorded in Volume 1053, Page 876, D.R.C.C.T., and also being
on the south property line of Southplace Estates, Phase VI, a called 10.122 acre Addition to the City of Wylie
according to the plat thereof recorded in Cabinet Q, Slide 411, P.R.C.C.T.;
THENCE, S 89°36'45" E (Record Bearing N 89°57'40" E), along the north property line of said 3.074 acre Lot
2, Alanis Addition tract, and also being along the south property line of said 10.122 acre Southplace Estates,
Phase IV tract, a distance of 241.43 feet to a 1/2-inch iron rod found for corner, said iron rod found being on
the northeast property corner of said 3.074 acre Lot 2, Alanis Addition tract, and also being the northwest
property corner of Twin Lakes Phase II, a called 34.639 acre Addition to the City of Wylie according to the
plat thereof recorded in Cabinet L, Page 321, P.R.C.C.T, and also being on the south property line of said
10.122 acre Southplace Estates tract;
THENCE, S 00°29'54" W, along the east property line of said 3.074 acre Lot 2, Alanis Addition tract, and
being along the west property line of said 34.639 acre Twin Lakes Addition tract, a distance of 220.47 feet to
a 1/2-inch iron rod set with yellow cap stamped "BH&C" for corner;
THENCE, N 89°30'06" W, departing the east property line of said 3.074 acre Let 2, Alanis Addition tract, a
distance of 241.40 feet to a point for corner, said point being on the west property line of said 3.074 acre Lot
2, Alanis Addition tract, said point also bearing S 87°55'55" E, a distance of 0.19 feet, from a PK Nail found
in concrete;
H \Proja s\Wylie\2018159\Eissemem Neu\Desaiplions\PARCEL 01-LAND ACQUISITION 1.221 Acres doc
Page 1 of 3
New Ballard Ave. Elevated Tank Site Parcel No.1
12/10/2020 City of Wylie
EXHIBIT "A"
THENCE, N 00°29'28" E (Record Bearing N 00°00'00" E), along the west property line of said 3.074 acre Lot
2, Alanis Addition tract, and also being along the east property line of said 1.5 acre City of Wylie tract, a
distance of 220.00 feet to the POINT OF BEGINNING, said tract containing 1.221 acres (53,168 square feet)
of land, more or less.
Notes:
1. Bearings and distances cited in this field
note description are based on the Texas
State Plane Coordinate System, NAD-83,
Texas North Central Zone 4202.
2. Selling a portion of an addition by metes and
bounds is a violation of city subdivision
ordinance and state platting statutes. This
document shall not be filed for record prior
to approval and filing of the necessary replat.
3. This document has been prepared to support
the City in securing an appraisal of property
to be acquired.
4. Field survey concluded on 12/01/2020.
5. A Land Acquisition Plat of even date
herewith accompanies this Field Note
Description.
Derek B. Chaney, P.E., R.P.L.S.
Texas Registration No. 6523
Birkhoff, Hendricks & Carter, L.L.P.
TBPLS Finn No. 100318-00
11910 Greenville Ave., Suite 600
Dallas, Texas 75243
Phone: 214-361-7900
HWPmjmts\WylieDOISI59\Easement Plais\Descnpri°ns\PARCEL 01-LAND ACQUISITION 1 221 Acres dac
Page 2 of 3
H:\Projects\Wylie\2018159\Easement Plate\Plats \PARCEL 1— LAND ACOUISR10N.dwg
REYSED: 12/10/20 — CCRAWFORD
LOT I
LOT 2
LOT 3
ALIEN ATTERBERRY
SURVEY
ABSTRACT 23
f
0 100
1 INCH = 100 FEET
POINT OF
BEGINNING
CITY OF WYLIE
VOL 1053, PG. 876
1.5 ACRES
LOT 1, ALANIS ADDITION
CAB. P, SUDE 287
1.888 ACRES
I FTWND
IRF IRON ROD FOUND
IR.F.C. IRON ROD FOUND W/ CAP
I.R.S.C. IRON ROD SET W/ YELOW
CAP STAMPED 'BH&C'
NOTES:
1. BEARINGS AND DISTANCES CITED M THIS PLAT DESCRIPTION
ARE BASED ON THE TEAS STATE PLANE COORDINATE
ShTEMA, NAD-83, TIDOS NORTH CENTRAL ZONE 4202.
2. SEWNG A PORTION OF AN ADDDION BY METES AND
BOUND IS A VIOLATION OF CITY SUBDMSION ORDINANCE
AND STATE PLATTING STATUTES. THIS DOCUMENT SHALL
NOT BE FILED FOR RECORD PRIOR TO APPROVAL AND
FIUNG OF THE NECESSARY REPLAT.
3. THIS DOCUMENT HAS BEEN PREPARED TO SUPPORT THE
CRY IN SECURING AN APPRAISAL OF PROPERTY TO BE
ACQUIRED.
4. FIELD SURVEYS CONCLUDED ON 12/01/20.
5. A FIELD NOTE DESCRIPTION OF EVEN DATE HEREWITH
ACCOMPANIES THIS EXHIBIT.
GAS COMPANY ESMT.
VOL. 3260, PG 974
(--1/2" I.R.F.
LOT 4
R
I 1
SOUTHPLACE ESTATES PHASE VI
CAB. Q, SUDE 411I
LOT 5
S89:56 45 -
24143'
_CHAIN LINK
FENCE
LOT 6
PROPOSED LOT 3,
ALANIS ADDITION REPLAT
(NOT YET FILED)
BERM 1.221 ACRES OUT
OF LOT 2. 3.074 ACRES
CAB. P, SIDE 287
247.40'
EXHIBIT "A"
c)I/2" I.R.F.C.
LOT 7
1/2" I.R.F.C.
_WOOD FENCE
- LINE
IN.h LOT 6
O Cf'
iN
� O
PAGE 3 OF 31
LOT 8
LOT 7
TWIN LAKES PHASE II
CAB. L, PAGE 321
\-1/2" I.R.F.C.
PK NAIL FOUND N8930061,
(REFERENCE MON., N8755'55"W,
0.19' FROM CORNER)
50' LONE STAR
1
1/2" I.R.S.C.J -
d(-1/2" I.R.F.C.
REMAINDER OF LOT 2,
ALANIS ADDRION
CAB. P, SLIDE 287
BEING 1.853 ACRE PROPOSED
LOT 2R, ALANIS ADDITION REPLAT
(NOT YET FILED)
LOT 5
LOT 4
CITY OF WYLIE, TEXAS
PROPOSED LOT 3,
ALANIS ADDITION REPLAT
1.221 ACRES OUT OF LOT 2
BIRKHOFF, HENDRICKS & CARTER, L.L.P.
PROFESSIONAL ENGINEERS
TBPE Firm No. 526; TBPLS Finn No. 10031800
11910 Greenville Ave., Suite 600 Dallas, Texas 75243 (214) 361.7900
DECEMBER
2020
C&S
media
The gfarinersbille Tinted • Murphy Monitor • The Princeton }Jerald • 7kSachse News • THE WYLIE NEWS
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of C & S Media, dba The Wylie News, a newspaper regularly published in
Collin County, Texas and having general circulation in Collin County, Texas, and being
in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4),
who being by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Legal Notice — Ordinance #2021-01, Ordinance #2021-02 and
Resolution #2021-01(R)
was published in said newspaper on the following date(s), to -wit:
January 20, 2021
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the 21st day of January, 2021, to certify which
witness my hand and seal of office.
SONIA A DUGGAN
Notary ID #126646343
My Commission Expires
August 12, 2024
ye6101a0
Notary Publi I d for
The State of Te . s
My commission expires 08/12/2024.
Murphy/SachseAVylie Office • 110 N. Ballard • P.O. Box 369 • Wylie, TX 75098.972-442-5515 • fax 972-142-4318
Famrersvillc/Princeton Office • 101 S. Main • P.O. Box 512 • Farmcrsville, TX 75442 • 972-784-6397 • fax 972-782-7013
CITY OF WYLIE I
Ordinance
No. 2021-01
• An Ordinance Of The
1 City Council Of The
City Of Wylie, Texas,
Amending Ordinance
No. 2007-23 Of The
' City Of Wylie (The
• Zoning Ordinance, As
Amended), Article 2,
Section 2.5.C; Modi-
fying Certain Regula-
tions Relating To De-
, velopment Standards
For Accessory Struc-
tures In The City Of
Wylie; Providing A
Penalty Clause, Sav-
ings/Repealing Clause,
Severability Clause
And An Effective
Date; And Providing
For The Publication Of
The Caption Hereof.
Ordinance
No. 2021-02
An Ordinance Of The
' City Council Of The
City Of Wylie, Texas, i
Amending Ordinance
No. 2006-04 Of The
City Of Wylie (The
Zoning Ordinance, As
Amended), Article 5,
Sections 5.1.F Land
Use Charts And 5.2.F
Listed Uses; Modify-
ing Certain Regula-
tions Relating To De-
velopment Standards
Of The Automotive
Repair, Minor Use In
The City Of Wylie;
Providing A Penalty
Clause, Savings/Re-
pealing Clause, Sever- 1
I ability Clause And An ,
Effective Date; And
Providing For The
Publication Of The
Caption Hereof.
4C January 20-21, 2021
Resolution
No. 2021-01(R)
A Resolution Of The
City Council Of The
City Of Wylie, Texas,
Determining A Public
Necessity To Acquire
Certain For Public Use
By Eminent Domain
(In Fee Simple) For
- The Construction, Ex-
pansion, Access, Re-
pair, Maintenance And
• Replacement Of The
Ballard Avenue Elevat-
ed Water Storage Tank;
I. Giving Notice Of An
Official Determination
To Acquire Certain
• For Public Use By Em-
inent Domain (In Fee
•
Simple) For The Con-
1 struction, Expansion,
Access, Repair, Main-
j tenance And Replace •
-
ment Of The Ballard
Avenue Elevated Water
Storage Tank; Autho-
j rizing The City Man-
ager Of The City Of ,
Wylie, Texas, To Es-
tablish Procedures For
Acquiring The Prop-
_erty (In Fee Simple), '.
Offering To Acquire
Said Property Rights,
Voluntarily, From
The Landowner(S) 1
Through The Making
Of A Bona Fide Offer;
Appropriating Funds;
Providing For Repeal-
ing, Savings And Sev-
• erability Clauses; And
Providing For An Ef-
fective Date.
. 1 38-it-1161i