15-21 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 15-21
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY 5
ACRES OF PROPERTY FOR SANITARY SEWER EASEMENT PURPOSES AS
PART OF THE TOWN'S WEST PROSPER SANITARY SEWER EXTENSION
PROJECT, AND SITUATED GENERALLY IN THE COLLIN COUNTY SCHOOL
LAND SURVEY, ABSTRACT NO. 147, TOWN OF PROSPER, COLLIN COUNTY
AND DENTON COUNTY, TEXAS; DETERMINING THE PUBLIC USE AND
NECESSITY FOR SUCH ACQUISITION; AUTHORIZING THEACQUISITION OF
PROPERTY RIGHTS NECESSARY FOR THE PROJECT; APPOINTING AN
APPRAISERAND NEGOTIATORAS NECESSARY; AUTHORIZINGTHE TOWN
MANAGER OF THE TOWN OF PROSPER, TEXAS, TO ESTABLISH JUST
COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED;
AUTHORIZING THE TOWN MANAGERTO TAKE ALL STEPS NECESSARY TO
ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL
APPLICABLE LAWS AND RESOLUTIONS; AND AUTHORIZING THE TOWN
ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE
PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council"), has
determined that approximately 5 acres of land situated in the Collin County School Land Survey,
Abstract No. 147, Town of Prosper, Collin County and Denton County, Texas (the "Easement
Property"), and more particularly described and depicted in Exhibit A, which is attached hereto and
incorporated herein for all purposes, is appropriate for use for sanitary sewer easement purposes,
and that there exists a public necessity to acquire the Easement Property for the construction of the
Town of Prosper's West Prosper Sanitary Sewer Extension Project, which is a public use; and
WHEREAS, the Town Council desires to acquire the Easement Property for this
governmental and public use in conjunction with the Town of Prosper's West Prosper Sanitary
Sewer Extension Project; and
WHEREAS, the Town Council desires that the Town Manager, or his designee, take all
necessary steps to acquire the Easement Property for sanitary sewer easement purposes including,
but not limited to, the retention of appraisers, engineers, and other consultants and experts, and that
the Town Attorney, or his designee, negotiate the purchase of the Easement Property for sanitary
sewer easement purposes, and if unsuccessful in purchasing the Easement Property for sanitary
sewer easement purposes, to institute condemnation proceedings to acquire these required
property interests.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and factual
findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the
body of this resolution as if copied in their entirety.
SECTION 2
The Town Council hereby finds and determines that a public use and necessity exists for the
Town of Prosper, Texas, to acquire the Easement Property for the construction of the sanitary sewer
line, as part of the Town of Prosper's West Prosper Sanitary Sewer Extension Project, which is
deemed necessary for construction of the sanitary sewer line.
SECTION 3
The Town Manager, or his designee, is authorized and directed to negotiate for and to
acquire the Easement Property for sanitary sewer easement purposes, for the Town of Prosper,
Texas, and to acquire said rights in compliance with State and Federal law. The Town Manager is
specifically authorized and directed to do each and every act necessary to acquire theEasement
Property for sanitary sewer easement purposes including, but not limited to, the authority to
negotiate, give notices, make written offers to purchase, prepare contracts, to retain and designate a
qualified appraiser of the property interests to be acquired, as well as any other experts or
consultants that he deems necessary for the acquisition process and, if necessary, to institute
proceedings in eminent domain.
SECTION 4
The Town Manager, or any individual he may so designate, is appointed as negotiator for the
acquisition of the Easement Property for sanitary sewer easement purposes, and, as such, the
Town Manager is authorized and directed to do each and every act and deed hereinabove specified
or authorized by reference, subject to the availability of funds appropriated by the Town Council for
such purpose. The Town Manager is specifically authorized to establish the just compensation for
the acquisition of the Easement Property. If the Town Manager or his designee determines that an
agreement as to damages or compensation cannot be reached, then the Town Attorney or his
designee is hereby authorized and directed to file or cause to be filed, against the owners and
interested parties of the needed property interests, proceedings in eminent domain to acquire the
Easement Property for sanitary sewer easement purposes.
SECTION 5
This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THIS 14TH DAY OF APRIL, 2015.
Ray Smith, ayor
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Resolution No. 15-21, Paget
Exhibit A
Depiction and/or Description of the Easement Property
Resolution No. 15-21, Page 3
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Approximate limits of proposed West Prosper Sanitary Sewer Extension project
Resolution No. 15-21, Page 4
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