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16-R-44 - Authorizing the filing of a petition for injunctive reliefWHEREAS, eminent domain proceedings in the State of Texas are governed by Chapter 21 of the Texas Property Code; and WHEREAS, under that code a governmental entity exercising the power of eminent domain must first authorize the initiation of the condemnation proceeding at a public meeting by a record vote adopting a resolution, ordinance, or order; and WHEREAS, to address the ongoing wastewater needs of the City of Schertz, the City is constructing the Woman Hollering Creek Wastewater Line improvements to complete a connection to transfer wastewater to a treatment facility; and WHEREAS, the proposed pipeline improvements will be installed in either existing permanent pipeline easements held by the City or in new permanent easements which will be owned by the City; and WHEREAS, the proposed easements which will be held by the City will be located in a manner to minimize impacts on the properties; and WHEREAS, to facilitate the construction of the pipeline improvements and appurtenances, temporary construction easements will also be obtained adjacent to the permanent easements to provide the Contractor with adequate space for construction activities; and WHEREAS, because this project involves the health safety and welfare of the public, time is of the essence, and the City of Schertz finds it necessary to gain access to certain properties to complete surveying, geotechnical testing, soil sampling, appraisal activities and other necessary activities to determine the best route for the pipeline; and WHEREAS, while many property owners have granted the City access for these activities, some property owners have not granted access; and WHEREAS, it is anticipated that the City will need to obtain an injunction to gain access and then seek further authority from the City Council following a survey to begin the eminent domain process to condemn the temporary and permanent easements for the placement of the pipelines and appurtenances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Part 1: That the City of Schertz, Texas is hereby authorized to seek injunctive relief to gain access for the activities listed in Exhibit A, on properties for which express permission has not been granted, for the pipeline project depicted and described in Exhibit B. Part 2. That the City of Schertz finds that to protect the health, safety and welfare of the citizens of the City of Schertz it may use of the power of eminent domain to acquire permanent and temporary easements for the pipeline project depicted and described in Exhibit B for the public purpose of construction of pipelines and appurtenances necessary to transfer wastewater to a treatment facility. Part 3. That the City of Schertz may authorize the use of eminent domain by separate action once the activities listed in Exhibit A are complete and specific easement path has been determined. ADOPTED this 28`h day of June, 2016. APPROVED: May of Schertz A City Secretary APPROVED AS TO FORM: DESCRIPTION OF ACTIVITIES THAT MAY BE PERFORMED DURING INVESTIGATION TO DETERMINE LOCATION OF WASTEWATER EASEMENTS Work may include: • Topographical land surveying • Identification of surface features • Geotechnical studies and testing including soil borings with truck- mounted drilling equipment • Environmental and cultural resource studies and testing including shovel and backhoe testing • Soil and water sampling • Tree limbs and small trees ( <4" diameter) may be cut to establish line of sight necessary for survey • Temporary fence removal (fences will be replaced to existing condition or better) W � O N p LL N O V � T14 1 �I I o O O I 1�1 J o O � N w Q O O m a w o IZ 3: 0 O O = O ) o y., �C U N � � �Uo O Uo� 0 A'^ L �€ F C _