Loading...
17-R-06 - SSLGC Pipeline access injunctive relief petitionRESOLUTION NO. 17 -R -06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING THE FILING OF A PETITION FOR INJUNCTIVE RELIEF TO GAIN NECESSARY ACCESS FOR DETERMINING THE LOCATION OF EASEMENTS AND IN ANTICIPATION OF FUTURE USE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE SAID EASEMENTS NECESSARY FOR THE COMPLETION OF THE SCHERTZ - SEGUIN LOCAL GOVERNMENT CORPORATION'S ( "SSLGC ") SECONDARY PIPELINE AND WATER INFRASTRUCTURE IMPROVEMENT PROJECT. WHEREAS, eminent domain proceedings in the State of Texas are governed by Chapter 21 of the Texas Property Code; and WHEREAS, under that statute 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 water needs of the City of Schertz, the SSLGC is constructing additional public infrastructure to transmit water from the SSLGC to the City of Schertz area. The purpose of constructing this additional infrastructure is to provide additional water to the Schertz area necessary to accommodate its growing population and because the existing SSLGC pipeline has exhausted its capacity; and WHEREAS, the proposed infrastructure improvements will be installed in either existing permanent pipeline easements held by the City or in new or expanded permanent easements necessary to accommodate the construction, use and maintenance of water pipelines and other infrastructure; 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 pipelines and other infrastructure improvements and appurtenances, temporary construction easements will also be obtained adjacent to the permanent easements to provide the City and its agents and contractors 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 whose owners refuse or otherwise have not granted permission to the city to access their property to complete surveying, geotechnical testing, soil sampling, appraisal activities and other necessary activities to determine the best route for the pipelines and other infrastructure as needed; and 1 WHEREAS, under Texas law, an entity with eminent domain power has the right to compel an owner to provide access to their property for the purpose of conducting surveying, geotechnical testing, soil sampling, appraisals and other necessary activities to identify the suitability and scope of property the entity will need to complete a public project and that such right is incidental to the entity's power of eminent domain. WHEREAS, city staff have identified certain properties which need to be examined and evaluated through the testing described herein for the purposes described herein and have unsuccessfully made several attempts to obtain permission from owners of these properties to access their property to conduct the necessary testing and other necessary activities; and WHEREAS, the city council finds that the work city staff has done to seek permission from all landowners identified as owners of properties needed for testing and analysis is sufficient and that further legal action is necessary to move this important public project forward; and WHEREAS, the city council finds that 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 the testing to begin the eminent domain process to condemn the temporary and permanent easements for the placement of the above described water infrastructure, pipeline 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 by and through its City Manager or his designee and its City Attorney, is hereby authorized to seek injunctive relief to gain access to any and all properties identified by city staff to conduct surveying, geotechnical testing, soil sampling, appraisals and other necessary activities to identify the suitability and scope of property the City will need to complete the SSLGC project. The specific work to be done is attached hereto in Exhibit A and is incorporated herein for all purposes. A list of the properties for which the above described testing is attached hereto as Exhibit B and is incorporated herein for all purposes. A more detailed description of the project described herein is attached as Exhibit C and is incorporated herein for all purposes. Part 2. That the City of Schertz finds that to protect the health, safety and welfare of the citizens of the City of Schertz the City may use of the power of eminent domain to acquire permanent and temporary easements for the Project depicted and described in Exhibit C for the public purpose of construction of pipelines and appurtenances necessary to transfer water to the City of Schertz area. Part 3. That the City of Schertz may authorize the use of eminent domain by separate action for the properties listed in Exhibit B once the activities listed in Exhibit A are complete and specific easement path has been determined. ADOPTED this 14th day of February, 2017. 2 AS TO FORM: ity Atto by