16-R-44 - Authorizing the filing of a petition for injunctive reliefWHEREAS, eminent domain proceedings in the State of Texas are governed by Chapter
21 of the Texas Property Code; and
WHEREAS, under that code 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 wastewater needs of the City of Schertz, the City is
constructing the Woman Hollering Creek Wastewater Line improvements to complete a
connection to transfer wastewater to a treatment facility; and
WHEREAS, the proposed pipeline improvements will be installed in either existing
permanent pipeline easements held by the City or in new permanent easements which will be
owned 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 the City of Schertz finds it necessary to gain access to certain
properties to complete surveying, geotechnical testing, soil sampling, appraisal activities and
other necessary activities to determine the best route for the pipeline; and
WHEREAS, while many property owners have granted the City access for these
activities, some property owners have not granted access; and
WHEREAS, 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 a survey to begin the eminent
domain process to condemn the temporary and permanent easements for the placement of the
pipelines 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 is hereby authorized to seek injunctive relief to gain
access for the activities listed in Exhibit A, on properties for which express permission has not
been granted, for the pipeline project depicted and described in Exhibit B.
Part 2. That the City of Schertz finds that to protect the health, safety and welfare of the citizens
of the City of Schertz it may use of the power of eminent domain to acquire permanent and
temporary easements for the pipeline project depicted and described in Exhibit B for the public
purpose of construction of pipelines and appurtenances necessary to transfer wastewater to a
treatment facility.
Part 3. That the City of Schertz may authorize the use of eminent domain by separate action once
the activities listed in Exhibit A are complete and specific easement path has been determined.
ADOPTED this 28`h day of June, 2016.
APPROVED:
May of Schertz
A
City Secretary
APPROVED AS TO FORM:
DESCRIPTION OF ACTIVITIES THAT MAY BE PERFORMED DURING
INVESTIGATION TO DETERMINE LOCATION OF WASTEWATER EASEMENTS
Work may include:
• Topographical land surveying
• Identification of surface features
• Geotechnical studies and testing including soil borings with truck- mounted drilling
equipment
• Environmental and cultural resource studies and testing including shovel and backhoe
testing
• Soil and water sampling
• Tree limbs and small trees ( <4" diameter) may be cut to establish line of sight necessary
for survey
• Temporary fence removal (fences will be replaced to existing condition or better)
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