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17-R-101 - Permanent and temporary easements on Schaefer RoadRESOLUTION NO. 17 -R -101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, AUTHORIZING THE ACQUISITION OF PERMANENT AND TEMPORARY EASEMENTS ON SCHAEFER ROAD NECESSARY FOR THE COMPLETION OF PIPELINES AND APPURTENANCES DESIGNED TO CARRY WATER IN CONJUNCTION WITH THE CORBETT ELEVATED STORAGE TANK PROJECT WHEREAS, to address the ongoing water needs of the City of Schertz, the City is constructing the Corbett Elevated Storage Tank and corresponding waterline construction; 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 acquired from property owners along Schaefer Road; 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 may 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 from the property owners along Schaefer Road. 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 negotiate and acquire all necessary easements from the property owners along Schaefer Road listed in Exhibit A, on each of the properties listed in Exhibit B, for the pipeline project depicted and described in Exhibit C. 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 transfer water in conjunction with the Corbett Elevated Storage Tank. 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 a part 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 14th day of November, 2017. CITY OF FERTZ, TEXAS Michael R. Carpenter, Mayor ATTEST: 1 Sr da Dennis, City Secretary (CITY SEAL)