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18-R-49 - Declaring a public necessity for the acquisition of certain water pipeline easements and temporary construction easementsRESOLUTION NO. 18 -R -49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS DECLARING A PUBLIC NECESSITY FOR THE ACQUISITION OF CERTAIN WATER PIPELINE EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS IN CONNECTION WITH WATER PIPELINE(S) YET TO BE CONSTRUCTED OVER, ACROSS, UPON, AND UNDER CERTAIN PRIVATELY OWNED REAL PROPERTIES IN GUADALUPE COUNTY FROM A PROPOSED WELL FIELD IN GUADALUPE COUNTY AND PARALLEL TO EXISTING WATER TRANSMISSION PIPELINES CONSTRUCTED IN 2002 AND 2003 AND EXPANDED IN 2011 AND 2012, LOCATED AS DEPICTED ON EXHIBITS EX.6.8.B AND EX.6.8.0 ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE, FOR THE PUBLIC PURPOSE OF THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF A WATER PIPELINE SYSTEM TO BE CONSTRUCTED FOR PUBLIC WATER SUPPLY FOR THE CITIES OF SCHERTZ AND SEGUIN AND CUSTOMERS OF SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION, THE PROJECT BEING CALLED THE SCHERTZ /SEGUIN LOCAL GOVERNMENT CORPORATION SECONDARY PIPELINE PROJECT; AUTHORIZING ALL APPROPRIATE ACTION BY THE CITY MANAGER, STAFF, AND RETAINED ATTORNEYS, AND ENGINEERING AND TECHNICAL CONSULTANTS, IN THE INSTITUTION AND PROSECUTION OF CONDEMNATION PROCEEDINGS TO ACQUIRE ANY SUCH NEEDED EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS AND RELATED RIGHTS OF INGRESS AND EGRESS THAT CANNOT BE ACQUIRED THROUGH NEGOTIATION; RATIFYING AND AFFIRMING ALL ACTS AND PROCEEDINGS HERETOFORE DONE OR INITIATED BY EMPLOYEES, AGENTS, AND ATTORNEYS TO ACQUIRE SUCH PROPERTY INTERESTS; AUTHORIZING ALL OTHER LAWFUL ACTION INCLUDING THE MAKING OF LINEAL AND ARCHEOLOGICAL SURVEYS AND APPRAISALS NECESSARY AND INCIDENTAL TO SUCH ACQUISITIONS WHETHER BY PURCHASE OR EMINENT DOMAIN PROCEEDINGS,• DECLARING THE SECTIONS OF THE RESOLUTION TO BE SEVERABLE ONE FROM THE OTHER IN THE EVENT ANY SECTION OF THIS RESOLUTION IS DETERMINED TO BE INVALID WHEREAS, pursuant to its powers of eminent domain as outlined in Sections 251.001 and 552.011 of the Texas Local Government Code and other pertinent statutory authority has determined that the acquisition of certain water pipeline easements and temporary construction easements in connection therewith, over, across, upon and under certain properties in Guadalupe County from a proposed well field in Guadalupe County and parallel to existing water transmission pipelines constructed in 2002 and 2003 and A RESOLUTION Page 1 of 4 expanded in 2011 and 2012, located as depicted on Exhibits EX.6.8.b and EX.6.8.c attached hereto and incorporated herein by this reference, either by purchase or by proceedings in eminent domain, is necessary and for the public purpose of the construction, operation, and maintenance of a water pipeline system to be constructed for public water supply for the Cities of Schertz and Seguin and the public use of customers of Schertz /Seguin Local Government Corporation; and WHEREAS, in connection with the acquisition of such easement rights to certain properties, the City finds that it is necessary for employees, agents, representatives, contractors, or subcontractors of the City of Schertz to enter upon such properties to conduct both archeological and lineal surveys so that such easement rights may be defined and secured in a lawful manner whether such easement rights be acquired by purchase or through eminent domain proceedings; and WHEREAS, employees, agents, contractors, subcontractors and attorneys acting for the City of Schertz are in the process of surveying, defining and negotiating for the acquisition of such easement rights on behalf of the City of Schertz and the Schertz /Seguin Local Government Corporation. WHEREAS, it has become apparent to the City that several property owners of parcels that the City deems necessary to use and acquire easements on do not intend to agree to voluntarily sell or convey easement rights to the City for the public purpose and public use of the Project as described herein despite the City's attempts to negotiate an amicable acquisition of said property and the City hereby finds that the acquisition of the parcels identified in Exhibits 6.8b and 6.8c is necessary for the completion of this very important public works project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SCHERTZ, TEXAS THAT: SECTION l: Public necessity requires that the City of Schertz acquire certain water pipeline easements and temporary construction easements in connection therewith, over, across, upon and under certain privately owned real properties in Guadalupe County, from a proposed well field in Guadalupe County and parallel to existing water transmission pipelines constructed in 2002 and 2003 and expanded in 2011 and 2012, located as depicted on Exhibits EX.6.8.b and EX.6.8.c attached hereto and incorporated herein by this reference for the public purpose of construction, operation, and maintenance of a water pipeline system to be constructed for public water supply for the Cities of Schertz and Seguin and customers of Schertz /Seguin Local Government A RESOLUTION Page 2 of 4 Corporation, the project being called the Schertz /Seguin Local Government Corporation Secondary Pipeline Project. SECTION 2. Public necessity also requires that the City of Schertz acquire the rights of ingress and egress over and across such lands and adjacent lands either through purchase or the process of eminent domain and that the City of Schertz take all other lawful action necessary and incidental to such purchases or eminent domain proceedings including conducting lineal and archaeological surveys and appraisals as required to specify, define, and secure such easements according to existing law. SECTION 3: The City Council hereby directs and authorizes the City Manager, staff, agents, and retained attorneys to institute and prosecute to conclusion all necessary proceedings to condemn the property interests described above herein and to acquire all such interests that the City of Schertz is unable to acquire through negotiation by reason of its inability to agree with the owner thereof as to the damages to the landowner, and to take any other legal action necessary and incidental to such purchases or eminent domain proceedings to survey, both lineal and archaeological, and to appraise, define, specify, and secure such property interests. SECTION 4: All acts and proceedings done or initiated by the employees, agents, and attorneys of the City of Schertz for the acquisition of such property are hereby authorized, ratified, approved, confirmed, and validated and declared to be valid in all respects as of the respective dates thereof with and in regard to the grantors from whom such rights have been or are being acquired. SECTION 5. The City Council hereby finds that the vote authorizing the adoption of this Resolution and the use of eminent domain power as specified herein was taken in a public meeting by a record vote and moving that this Resolution applies to all units of property to be condemned for the purposes and public uses set forth herein and that said vote was made in or substantially similar to the following form: "I move that the City of Schertz authorize the use of the power of eminent domain to acquire all units or property identified in Exhibits 6.8b and 6.8c to this Resolution for the public use of a secondary water pipeline to serve the customers in the City of Schertz and within the service are of the Schertz /Seguin Local Government Corporation." SECTION 6: If any provisions, sections, subsections, sentences, clauses or phrase of this Resolution, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this Resolution shall not be affected thereby, it being the intent of the City Council of the City of Schertz, Texas in adopting this Resolution that no portion thereof, A RESOLUTION Page 3 of 4 or provisions or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion hereof and all provisions of this Resolution are declared to be severable for that purpose. PASSED AND APPROVED on this 24th day of April 2018. CITY OF SCHERTZ, TEXAS R. Carpenter, Mayor ATTEST: (Zd�a Dennis, City Secretary A RESOLUTION Page 4 of 4