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R-670-12-85RESOLUTION NO. 670-12-85(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DETERMINING A PUBLIC NECESSITY FOR THE ACQUISITION OF EASEMENTS, PERMANENT AND TEMPORARY, OVER AND UPON ALL LAND NECESSARY TO CONSTRUCT PROJECTED PUBLIC IMPROVEMENTS, TO WIT: A SANITARY SEWER SYSTEM WITHIN THE CITY LIMITS OF THE CITY OF ALLEN, TEXAS, ON THOSE TRACTS OR PARCELS OF LAND LOCATED IN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND DESCRIBED MORE PARTICULARLY IN EXHIBITS "A" AND "B" ATTACHED HERETO; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE NEEDED EASEMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Collin County, Texas, upon consideration of the matter, has determined that the public necessity for the health, safety and welfare of the citizens of the City of Allen requires and will be promoted by the construction of protected improvements, to wit: a sanitary sewer system within the city limits of the City of Allen, Texas, on those tracts or parcels of land described more particularly in Exhibits "A" and "B" attached hereto and made a part hereof as though fully incorporated (hereinafter called "sewer improvements"); and, WHEREAS, in accordance with the above, the City Council of the City of Allen, Texas, hereby finds that it is necessary and in the public interest to acquire right-of-way and easements, permanent and temporary (for construction purposes) across and upon land within which the sewer improvements will be constructed, and which will be a part of the public sewer system of the City for the benefit and enjoyment of the citizens of the City of Allen; and, WHEREAS, the City Council of the City of Allen, Texas, finds and determines that permanent and temporary construction easements in and to the above-described lands is suitable for such purpose and that it is necessary to acquire the same for said sewer improvements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE THE CITY OF ALLEN, TEXAS: SECTION 1. The City- Council hereby finds and determines that it is necessary for the health, safety and welfare of its citizens; is in the public interest; and Resolution No. 670-12-85(R) - Page 1 will promote the health, safety and welfare of the citizens of Allen, to acquire permanent and temporary construction easements to all lands necessary to construct the aforementioned sewer improvements, which will be used as a part of the public sewer system of the City of Allen. SECTION 2. The City Attorney or his duly authorized representative, is hereby authorized and directed to file or cause to be filed, against all owners and lien holders, proceedings in eminent domain to acquire permanent and temporary easements that may be necessary to construct the aforementioned sewer improvements. SECTION 3. The findings of fact, recitations and provisions set out in the preamble of this Resolution are adopted and made a part of the body of this Resolution, as fully as if the same were set forth herein. SECTION 4. This Resolution shall become effectived immediately from and after its approval. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 19th DAY OF APPROVED AS TO FORM: —7A. ,City Attorney December APPROVED: Donald P. •.d - ATTEST: 1985. 4Mart�y�Hendri., City ecretary Resolution No. 670-12-85(R) - Page 2