R-2710-2-08RESOLUTION NO. 2710-2-08(R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, DETERMINING THE NECESSITY FOR THE ACQUISITION
OF WATERLINE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
FOR CUSTER ROAD WATERLINE AS DESCRIBED IN EXHBIT "A,"
ATTACHED HERETO, WITHIN THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN
EMINENT DOMAIN TO ACQUIRE THE WATERLINE EASEMENT AND
TEMPORARY CONSTRUCTION EASEMENT; AND PROVIDING FOR AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The City Council of the City of Allen, Collin County, Texas, hereby finds and determines
that a public necessity exists for the welfare of the City and its citizens and it is in the public interest to
acquire waterline easement and temporary construction easement for the construction of a 24 -inch waterline
along Custer Road, as described in Exhibit "A," attached hereto, and being made a part hereof for all
purposes.
SECTION 2. The City Manager, or designee, is hereby authorized on behalf of the City to acquire the
necessary easement, and if necessary, to attempt to agree on damages and compensation to be paid to the owners
' of the property. If the City Manager or designee is unable to acquire the necessary easements or determines that
an agreement as to damages and compensation cannot be reached, then the City Attorney, or designee, is hereby
authorized to file or cause to be filed against the owners and interested parties of the property, proceedings in
eminent domain to acquire the waterline easement and temporary construction easement.
SECTION 3. If it is later determined that there are any errors in the descriptions contained herein or if later
surveys contain more accurate revised descriptions, the City Attorney or designee is authorized to have such
errors corrected or revisions made without the necessity of obtaining City Council approval authorizing the
condemnation of the corrected or revised property.
SECTION 4. This Resolution shall become effective immediately from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 26TH DAY OF FEBRUARY, 2008.
APPROVED:
Steve Terrell, MAYOR
ATTEST:
' Shelley B. Ge— orge,'TkMC, CITY S CRE✓TARY