Ordinance 1991-23
ORDINANCE NO. 9/- A-_3
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS DETERMING A PUBLIC NEED
AND NECESSITY FOR THE ACQUISITION OF THE FEE SIMPLE TITLE TO
CERTAIN TRACTS OF REAL ESTATE LOCATED IN THE E. C. DAVIDSON
SURVEY, ABSTRACT NO. ~b7 IN THE CITY OF WYLIE, COLLIN
COUNTY, TEXAS, FOR THE PURPOSE OF CLOSING THE WYLIE MUNICIPAL
SANITARY LANDFILL AND RELOCATING ALANIS ROAD INCIDENT TO SUCH
CLOSING, ALL AS REQUIRED BY ORDER OF THE TEXAS DEPARTMENT OF
HEALTH AND FOR FURTHER MUNICIPAL PURPOSES ASSOCIATED THEREWITH;
AUTHORIZING THE CITY ATTORNEY PROCEEDING IN EMINENT DOMAIN TO
ACQUIRE THE NEEDED PROPERTY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Wylie, Texas has been mandated by the
Texas Water Commission to close and seal its Municipal Sanitary
Landfill in accordance with the closure plan which has been
approved by the said Texas Department of Health; and
WHEREAS, in order to comply with the aforesaid order the
City will need to acquire certain limited amounts of real
property lying along the North edge of the said Landfill for the
purpose of relocating the existing Alanis Lane and for the
further purpose of properly sealing the said Landfill, and;
WHEREAS, the City Council of the City of Wylie, Texas,
having considered the matter has determined that their is a
public necessity for the welfare of the City of Wylie and the
public at large to acquire certain real property for right-of-
way, utility easements, road relocation, and associated Municipal
purposes; and
WHEREAS, in accordance with the above the City Council of
the City of Wylie, Texas, hereby finds that it is in the public
interest to acquire the fee simple title to the real estate
hereafter described for the above stated Municipal purposes; and
WHEREAS, the
real property to be acquired for such purposes
the E. C. Davidson
of Wylie, Collin
acres and is more
hereto and made a
consists of three separate tracts, located in
Survey, Abstract No. d.,~1 ,in the City
County, Texas, consists of approximately ~.S
particularly described in Exhibit A attached
part hereof by reference (the "property");
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
Section 1.
The City Council hereby finds and determines that it is necessary
for the welfare of the City and its citizens and is in the public
interest to acquire the fee simple title to the property for road
relocation, right-of-way, utility, Landfill Closure, and
associated Municipal purposes.
Section 2.
The City Manager, Acting City Manager, or their designee is
hereby authorized on behalf of the City to attempt to agree to
damages and compensation to be paid to the owners of the
property. If the City Manager or their designee determines that
an agreement for damages and compensation cannot be reached then
the City Attorney, or his designee, is hereby authorized to file
or cause to be filed against the owners and interested parties of
the property, a proceeding in eminent domain to acquire the fee
simple title to the property.
Section 3.
It is the expressed intent of the City Council that this
ordinance shall authorize the condemnation for all property
required for the City to completely and satisfactorily close the
sanitary landfill site in full compliance with the Texas
Department of Health order and mandate, specifically including,
without limitation the expressed purposes incident thereto as
hereinabove enumerated. If is later determined that there are
any errors or discrepancies contained in the description of the
property effected hereby or if later surveys contain more
accurate revised descriptions, the City Attorney or his designee,
is authorized to have such errors corrected and revisions made
without the necessity of obtaining a new City Council ordinance
authorizing the condemnation of the corrected or revised
property.
Section 4.
The findings of fact
in the preamble of
part of the body
set forth herein.
or recitations and provisions as set forth
this ordinance are adopted and fully made a
of this ordinance, as if the same were fully
Section 5.
This ordinance shall become effective immediately from and after
its approval.
ATTEST:
by the City Council
day of December, 1991.
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DULY PASSED AND APPROVED,
Wylie, Texas, this /0