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01/08/1982-CC-Minutes-Special6 MINUTES: City Council (Called Meeting) January 8, 1982 PRESENT: Mayor Cole, Bridges, Thomas, Spindle, and Nesbitt VACANCY: Cooper OTHERS PRESENT: Lloyd Henderson, Mary Jo Stover, John L. Sullivan 1. The minutes were not available for consideration at this meeting. Item passed over. 2. Motion was made by Wendell Thomas to renew the city's property insurance with the Muir Agency at a premium of $3,921. Danny Spindle gave the second. Voted unan. 3. Mayor Cole called the meeting into executive session to consider legal matters pertaining to the sanitary landfill. 4. Mayor Cole called the meeting into open session. Motion was made by Wendell Thomas to adopt a Resolution autho- rizing condemnation proceedings. Benny Bridges gave the second. It was voted unanimous. The Resolution read as follows: RESOLUTION WHEREAS, the present solid waste disposal landfill site now being used by the City of Sanger, Texas, is virtually exhausted, and such site does not meet the requirements of the Texas Solid Waste Disposal Act, and the rules and regulations of the Texas Department of Health and other regulatory agencies, and the Texas Department of Health has urgently recommended, as a matter of the highest priority, the acquisition of a new and suitable solid waste disposal landfill site which will meet such requirements; and WHEREAS, the City of Sanger has searched fora suitable sanitary solid waste disposal site for _several years , and t�e property described hereinbelow is the only suitable site known to the City available for such purpose, and said site has been approved by the Texas Department of Health, and a permit has been issued by the Texas Department of Health for the use of said site by the City of Sanger, Texas, as a solid waste sanitary landfill disposal site; and WHEREAS, the City Council of the City of -Sanger, Texas, has made and does hereby make, a legislative finding that it is imperative, and in the public interest, that the fee simple title to such site be forthwith acquired by the City of Sanger, Texas, for said municipal purpose; and WHEREAS, the City Council of the City of Sanger has further determined that it is expedient and necessary that the fee simple title to said property be acquired for said municipal purpose, by condemna- tion proceedings, acting pursuant to the eminent domain powers granted to the City of Sanger, Texas, by the legsilature of the State of Texas; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS THAT: Condemnation proceedings are hereby authorized and directed to be instituted by the City Attorney at the earliest practicable date in a Court of competent jurisdiction to acquire, through the exercise of said powers of eminent domain, the fee simple title to the following land: All that certain 25.35 acre tract of land, in the Reuben Bebee Survey, Abstract No. 29, in Denton County, Texas, described in deed from Henry D. Cooper and wife, Vera Lou Cooper, to Lou Henry Cooper and Jerri Ann Shepard, shown of record in the Deed Records Denton County, Texas, to which reference is hereby made for a complete description of said land by metes and bounds, for said municipal purpose. PASSED AND APPROVED this the day of January, 1982, at the Special Called Meeting of the City Council of the City of Sanger, Texas.,�pursuant to notice. Attest: y City retary Motion was made by Donn Nesbitt to allow the City Manager to expend $5,000 and proceed to secure the right-of-way for the construction of a road for the purpose of ingress and egress to the landfill site. The city will agree to the following conditions on the purchase of the property for a right-of-way: 1. The City hereby agrees to dedicate the road as a public road and that the grantors and their assigns have access forever. 2. If the landfill site is not used or if the city does not build the road within three (3) years the property reverts back to the seller. Wendell Thomas gave the .second. Voted unan. Meeting adjourned. ATTEST: MINUTES: PRESENT: ABSENT: VACANCY: OTHERS PRESENT: City Council January 18, 1982 Mayor Ralph Cole, Donn Nesbitt, and Wendell Thomas Benny Bridges Place 1 Danny Spindle, Lloyd Henderson, Mary Jo Stover, Royce Jones, Ben Terry, Dan Swenke, J. D. Copeland, Frank Bushnell, Lindon Carr