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18-R-95 - Permanent & Temporary Easements related to the Woman Hollering Creek Wastewater Main project., ., �, � � �� Y, ',. ♦ ',' � �,, � � 1. �; ' ,�. �; ;. WHEREAS, the proposed Woman Hollering Creek wastewater pipeline improvements must be installed in new permanent easements which will be acquired from property owners and" held 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 WHEREAS, the City hereby seeks authority to negotiate and acquire all necessary easements and land from the property owners along the wastewater line alignment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Part 1: That Staff of the City of Schertz, Texas, is hereby authorized to negotiate and acquire all necessary easements from property owners as generally shown on Exhibit A. Part 2: That the City Manager is authorized to execute any and all documents necessary to complete the acquisition of all necessary easements contemplated herein. Part 3: That the City of Schertz finds that to protect the health, safety and welfare of the citizens of the City of Schertz this project serves the public purpose of construction of pipelines and appurtenances necessary to convey wastewater to the planned Cibolo Creek Municipal Authority South Water Reclamation Plant. Part 4: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as apart of the judgment and findings of the City Council. Part 5: All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Part 6: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Part 7: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Part 8: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Part 9: This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 71' day of August, 2018. CITY 9A SCHERTZ, TEXAS ATTEST: Brenda Dennis, City Secretary (CITY SEAL) re-At