12-R-33 Water Easement Agreements with the City of San AntonioRESOLUTION NO. 12-R-33
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING FOUR (4) PERMANENT WATER
EASEMENT AGREEMENTS AND THREE (3) TEMPORARY
CONSTRUCTION EASEMENT AGREEMENTS WITH THE CITY OF
SAN ANTONIO FOR THE USE, BENEFIT, AND CONTROL OF THE
SAN ANTONIO WATER SYSTEM BOARD OF TRUSTEES, AND OTHER
MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the
City execute and deliver four (4) permanent water line easement agreements and three (3)
temporary construction easement agreements associated therewith (collectively the "Water
Easement Agreements") with the City of San Antonio for the use, benefit, and control of the San
Antonio Water System Board of Trustees ("Grantee"); and
WHEREAS, fair market value appraisals have been obtained on all of the property that
will be covered by the Water Easement Agreements; and
WHEREAS, the Grantee will pay the City the fair mazket value for the Water Easement
Agreements, as determined by the appraisals; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
execute and deliver to the Grantee the Water Easement Agreements attached hereto as Exhibit A.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Water Easement Agreements with Grantee in substantially the form set forth on
Exhibit A, with such minor modifications that may be authorized by the City Manager, in
consultation with the City Attorney, provided that no such modifications shall be contraz~y to, or
inconsistent with, the Water• Easement Agreements attached hereto.
Section 2. The recitals contained in the preamble hereof are hereby found to be hve,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. 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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. 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 nevel'theless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. 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.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 24th day of April, 2012.
CITY~O$ SCHERTZ, TEXAS
Mayor
ATTEST:
_ _~
Ctty Secretary
(CITY SEAL,j
50510869.1
EXHIBIT A
WATER EASEMENT AGREEMENTS
sosioa6v.~ A-1