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2000M13-ACQUISTION WATERLINEAN ORDINANCE AUTHORIZING CERTAIN ACT CONNECTION WITH THE ACQUISITION OF WATERLINE AND TEMPORARY CONSTRUCTION EA', AND RELATED MATTERS AND DECLARING AN EME WHEREAS, the City of Schertz, Texas (the "City") has previousl determined that public welfare and convenience requires the constructior m~d maintena_ncc of a water pipeline system, along a route in Guadalt Texas; and WHEREAS, pursuant to its power of eminent domain as outlined 251.001 and 402.011 of the Texas Local Government Code, as amende, pertinent statutory authority, the City Council of the City has determi acquisition of certain xvater pipeline easements and temporary c easements in connection therewith, over, across, upon, and under certai: in Guadalupe County, Texas by purchase or by eminent domain pro, necessary for the public welfare-and-convenience purpose ofconstmctin~ and maintaining a water pipeline system; and WHEREAS, in connection therewith, the City hereby finds and that public convenience and necessity require and that it is necessar') public interest for employees, agents, representatives, contractors, or sut of the City to enter upon certain properties in Guadalupe County, Texa: surveys, including archeological and lineal surveys, so that easement ri defined and secured in. a lawful manner, whether such easement rights by purchase or through eminent domain proceedings; and WHEREAS, in connection therewith, the City hereby finds ant that public converfience and necessity require and that it is ncccssar public interest for empl°yees, agents, subcontractors, and attorneys ac City to be in the process of surveying, defining, and negotiating for the of such casement rights on behalf of the City and the Schertz/S{ IONS IN CERTAIN ;EMENTS RGENCY. found and operation, tpe County, in Sections ~l, and other .~ed that the 'onstruction properties 'eedings, is operating, determines and in the contractors to conduct ghts may be ~re acquired determines and in the ',ting for the acquisition ~guin Local Govern_ment Corporation; ~ WHEREAS, in connection therewith, the City hereby finds an~ determines that public convenience and necessity require and that it is necessary~ and in the public interest for the City to ent~ upon, appropriate, take, acquire, hold and. enjoy, by purchase or condemnation, water pipeline easements and 'temporary :onstruction easexnents in connection therewith, on the properties more particularly ~escribed in Exhibit A, which is attached hereto and incorporated herein ("Exhibit k"); NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: , SECTION 1' Public necessity and welfare require that the Cit2.~ of Schertz acquire certain water pipelinc easements and temporary construct/on e~sements in connection therewith, over, across, upon, and under certain privately owned real properties in Guadalupe County, Texas as more fully described in [~.xhibit "A" attached hereto and made a part hereof for all purposes, for the public purpose of construction, operation, and maintenance of a water pipeline sy:;tem to be constructed. Public necessity and welfare also rcquire that the City of Schertz acquire the fights of ingress and egress over and across such lands and ad' acent lands either through purchase or by the process of eminent domain and that the City of Schertz take all other lawful action necessary and incidental to such purchases or emincnt domain proceedings, including conducting lineal and arChaeolog .cal surYeys and appraisals as required to specify, define, and secure such easementg according to existing law. SECTION 2' The City Council hereby directs and authoriz, es the City Manager, employees, agents, subcontractors, and attomeys 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 a~ee with the o,,xmer thereof as to the market value of the easement and/or damages to the landowne'r caused by the acquisition of the easements, and to take any other legal action net:essary and incidental to such purchases or eminent domain proceedings to surx, ey, both lineal and archaeological, and to appraise, define, specify, and secure su¢.h property interests. SECTION 3' All acts and proceedings done or initiated by the -~mployees, agents, and attorneys of the City of Schertz for the acquisition of such 1: roperty are hereby authorized, ratified, approved, confirmed, validated, and declared to be valid in ali respects as of the respective dates thereof ~vith and in regard to tl ~e grantors from whom such fights have been or are being acquired. SECTION 4' If any provisions, sections, subsections, sentences clauses or phrases of this Ordinance, or the application of same to any persm or set of circumstances is for any reason held to be unconstitutional, void, or nvalid, the validity of the rcmaining portions of this Ordinance shall not be affecte( being the intent of the City Council of thc City of Schertz in adopting this that no portion hercoI; or provisions or regulations contained herein sk thereby, it Ordinance all become 633330.1 2 inoperative or fail by reason of any unconstitutionality or invalidity portion hereof, and all provisions of this Ordinance are declared to be that purpose. SECTION 5- By vote of not less than two-thirds of the member Council present at the meeting at which this Ordinance was consider Council has determined that an emergency exists which requires imme and this Ordinance is hereby adopted on a single reading. Th_is Ordina in force and effect from and after its final passage, and it is so ordaine( f77?.e remainder of this page intentionally left blanl,: ] ~f any other everable for s of the City ed, the City diate action, ncc shall be 633330. I -~ READ, CONSDERED, PASSED, and APPROVED at a Rcgt of the City Council of the City of Schertz on the 6th day of June, 2' accordance with the Open Meetings Act, Texas Gov't Code §551.00 which a quorum was present. APPROVED by the Mayor of the City of Schertz, Texas, on thi of June, 2000. dar Meeting :)00, held in et. seq., at the 6th day By: CF SCHERTZ ATTEST: City Secretary 6333~o.~ 4 TH E STATE 0 F TEXAS, County of Guadalupe PUBLISHER'S AFFIDAVIT ~.',,;' :¢ i ' , '. ,,. /,.,,,./_ ~ " -7- t!'i/_.~,,z~ ~t:/ · ~ Z- t~'-" - , Before me, the undersigned authority, on this date personally appeared Ninneman, known to me, who, being by me duly sworn, on her oath del: that she is the Managing Editor of The Seguin Gazette-Enterprise, a ne~ published in said county; that a copy of the within and foregoing notice ~ Kathie ,oses and says ~vspaper vas published in said newspaper 2 times before the return day named therein, such publications being on the following dates' June18 2000z< ~ ' ~ z June22 2000z~~E ' _w< w Gazette Enterprise PennySaver and a newspaper copy of which is hereto attached. Sworn to and subscribed before me this ORDINANCE NO. ~~~- AN ORDINANCE AU- THORIZING CERTAIN ACTIONS IN CONNEC- TION WITH THE ACQUI- SI'I'ION OF CERTAIN WA- TERLINE AND TEMPO- RARY CONSTRUCTION EASEMENTS AND RE- LAMED MATTERS, AND DECLARING AN EMER- GENCY. PASSED, APPROVED AND ADOPTED lhe 6th day of June, 2,0(X). Norma Althouse, C~y Secretary. )00. Notary Public, Guadalup County, Texas