HomeMy WebLinkAboutResolution No. 91-10 CITY OF THE COLONY, TEXAS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS FINDING THAT A NECESSITY EXISTS TO ACQUIRE
REAL PROPERTY FOR CONSTRUCTION OF IMPROVEMENTS TO THE
WASTEWATER COLLECTION SYSTEM; AUTHORIZING THE ATTORNEY
FOR THE CITY TO INSTITUTE EMINENT DOMAIN PROCEEDINGS FOR
THE ACQUISITION OF THE CERTAIN HEREINAFTER DESCRIBED
TRACT OF LAND FOR CONSTRUCTION OF IMPROVEMENTS TO THE
WASTEWATER COLLECTION SYSTEM; PROVIDING FOR A FINAL
OFFER; PROVIDING FOR A SEVERABILITY CLAUSE;.AND PROVIDING
FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS:
WHEREAS, the City Council of ~he City of The Colony has found
~ha~ public necessity requires the construction, operation and
maintenance of certain improvemen%s ~o %he Was~ewa~er Collection
Sys%em; and
WHEREAS, %he ~rac% described on Exhibit "A" at~ached hereto
and incorporated herein as if it were copied verbatim, has been
declared to be needed for construction of improvements ~o the
Was~ewa%er Collection System; and
WHEREAS, the owners of ~he said subject ~rac~ of land are
unknown and have no% been able ~o be located %hrough ~he exercise
of all reasonable means; and
WHEREAS, because of the inabili%y ~o loca%e %he owners of
said subjec~ ~ract, negotiations between %he par%ies has no~ ~aken
place; and
WHEREAS, ~he acquisition of said %rac% of land is deemed by
~he City Council to be in the public interest;
NOW, THEREFORE, BE IT RESOLVED by ~he Ci%y Council of ~he Ci%y
of The Colony, Texas:
SECTION 1. Tha% all of the above premises are found and
determined ~o be true and correc~ and are incorporated into the
body of %his Resolution as if copied in ~heir en~ire%y.
SECTION 2. That %he A~orney for ~he City is hereby
authorized to extend a final offer ~o the owner(s), if known, of
the ~rac%(s) of land more specifically described in Exhibi% "A" for
the acquisition of said real proper~y for ~he purpose of
cons%ruc~ing improvements %o %he City's Wastewa~er Collec%ion
System.
SECTION 3. If the said final offer is no~ accepted by %he
owner(s) of .the .trac~(s) or if .the owner(s) canno.t be located, ~he
A~.torney for .the. City is direc.ted .to begin eminen.t domain
proceedings pursuan.t ~o .the Char.ter of ~he Ci.ty of The Colony and
applicable S.ta~e Law.
SECTION 4. If any sec.tion, ar.ticle paragraph, sentence,
clause, phrase, or word in ~his Resolu.tion, or applica.tion .thereof
~o any persons or circumstances, is held invalid or
uncons.ti.tu~ional by a cour~ of compe.ten.t jurisdiction, such holding
shall no~ affec.t ~he validi.ty of ~he remaining por.tions of .this
Resolution; and .the Ci.ty Council hereby declares i.t would have
passed such remaining por%ions of .this Resolu.tion, despi~e such
invalidi.ty, which remaining portions shall remain in full force and
effect.
SECTION 5. Tha.t .this resolu.tion shall be effec .tive
immedia.tely from and af.ter i.ts adop.tion and i.t is so resolved.
PASSED AND APPROVED .this /~ day of 4~ , 1991,
W'lliam W..M~nning~or
Secre.tary
APPROVED AS TO FORM:
John Boyle, City A.t.torney