18-R-49 - Declaring a public necessity for the acquisition of certain water pipeline easements and temporary construction easementsRESOLUTION NO. 18 -R -49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS DECLARING A PUBLIC NECESSITY FOR THE
ACQUISITION OF CERTAIN WATER PIPELINE EASEMENTS AND
TEMPORARY CONSTRUCTION EASEMENTS IN CONNECTION WITH
WATER PIPELINE(S) YET TO BE CONSTRUCTED OVER, ACROSS,
UPON, AND UNDER CERTAIN PRIVATELY OWNED REAL
PROPERTIES IN GUADALUPE COUNTY FROM A PROPOSED WELL
FIELD IN GUADALUPE COUNTY AND PARALLEL TO EXISTING
WATER TRANSMISSION PIPELINES CONSTRUCTED IN 2002 AND
2003 AND EXPANDED IN 2011 AND 2012, LOCATED AS DEPICTED ON
EXHIBITS EX.6.8.B AND EX.6.8.0 ATTACHED HERETO AND
INCORPORATED HEREIN BY THIS REFERENCE, FOR THE PUBLIC
PURPOSE OF THE CONSTRUCTION, OPERATION, AND
MAINTENANCE OF A WATER PIPELINE SYSTEM TO BE
CONSTRUCTED FOR PUBLIC WATER SUPPLY FOR THE CITIES OF
SCHERTZ AND SEGUIN AND CUSTOMERS OF SCHERTZ /SEGUIN
LOCAL GOVERNMENT CORPORATION, THE PROJECT BEING
CALLED THE SCHERTZ /SEGUIN LOCAL GOVERNMENT
CORPORATION SECONDARY PIPELINE PROJECT; AUTHORIZING
ALL APPROPRIATE ACTION BY THE CITY MANAGER, STAFF, AND
RETAINED ATTORNEYS, AND ENGINEERING AND TECHNICAL
CONSULTANTS, IN THE INSTITUTION AND PROSECUTION OF
CONDEMNATION PROCEEDINGS TO ACQUIRE ANY SUCH NEEDED
EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS AND
RELATED RIGHTS OF INGRESS AND EGRESS THAT CANNOT BE
ACQUIRED THROUGH NEGOTIATION; RATIFYING AND
AFFIRMING ALL ACTS AND PROCEEDINGS HERETOFORE DONE
OR INITIATED BY EMPLOYEES, AGENTS, AND ATTORNEYS TO
ACQUIRE SUCH PROPERTY INTERESTS; AUTHORIZING ALL
OTHER LAWFUL ACTION INCLUDING THE MAKING OF LINEAL
AND ARCHEOLOGICAL SURVEYS AND APPRAISALS NECESSARY
AND INCIDENTAL TO SUCH ACQUISITIONS WHETHER BY
PURCHASE OR EMINENT DOMAIN PROCEEDINGS,• DECLARING
THE SECTIONS OF THE RESOLUTION TO BE SEVERABLE ONE
FROM THE OTHER IN THE EVENT ANY SECTION OF THIS
RESOLUTION IS DETERMINED TO BE INVALID
WHEREAS, pursuant to its powers of eminent domain as outlined in Sections
251.001 and 552.011 of the Texas Local Government Code and other pertinent statutory
authority has determined that the acquisition of certain water pipeline easements and
temporary construction easements in connection therewith, over, across, upon and under
certain properties in Guadalupe County from a proposed well field in Guadalupe County
and parallel to existing water transmission pipelines constructed in 2002 and 2003 and
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expanded in 2011 and 2012, located as depicted on Exhibits EX.6.8.b and EX.6.8.c
attached hereto and incorporated herein by this reference, either by purchase or by
proceedings in eminent domain, is necessary and for the public purpose of the
construction, operation, and maintenance of a water pipeline system to be constructed for
public water supply for the Cities of Schertz and Seguin and the public use of customers
of Schertz /Seguin Local Government Corporation; and
WHEREAS, in connection with the acquisition of such easement rights to certain
properties, the City finds that it is necessary for employees, agents, representatives,
contractors, or subcontractors of the City of Schertz to enter upon such properties to
conduct both archeological and lineal surveys so that such easement rights may be
defined and secured in a lawful manner whether such easement rights be acquired by
purchase or through eminent domain proceedings; and
WHEREAS, employees, agents, contractors, subcontractors and attorneys acting
for the City of Schertz are in the process of surveying, defining and negotiating for the
acquisition of such easement rights on behalf of the City of Schertz and the
Schertz /Seguin Local Government Corporation.
WHEREAS, it has become apparent to the City that several property owners of
parcels that the City deems necessary to use and acquire easements on do not intend to
agree to voluntarily sell or convey easement rights to the City for the public purpose and
public use of the Project as described herein despite the City's attempts to negotiate an
amicable acquisition of said property and the City hereby finds that the acquisition of the
parcels identified in Exhibits 6.8b and 6.8c is necessary for the completion of this very
important public works project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
SCHERTZ, TEXAS THAT:
SECTION l: Public necessity requires that the City of Schertz acquire certain
water pipeline easements and temporary construction easements in connection therewith,
over, across, upon and under certain privately owned real properties in Guadalupe
County, from a proposed well field in Guadalupe County and parallel to existing water
transmission pipelines constructed in 2002 and 2003 and expanded in 2011 and 2012,
located as depicted on Exhibits EX.6.8.b and EX.6.8.c attached hereto and incorporated
herein by this reference for the public purpose of construction, operation, and
maintenance of a water pipeline system to be constructed for public water supply for the
Cities of Schertz and Seguin and customers of Schertz /Seguin Local Government
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Corporation, the project being called the Schertz /Seguin Local Government Corporation
Secondary Pipeline Project.
SECTION 2. Public necessity also requires that the City of Schertz acquire the rights of
ingress and egress over and across such lands and adjacent lands either through purchase
or the process of eminent domain and that the City of Schertz take all other lawful action
necessary and incidental to such purchases or eminent domain proceedings including
conducting lineal and archaeological surveys and appraisals as required to specify,
define, and secure such easements according to existing law.
SECTION 3: The City Council hereby directs and authorizes the City Manager, staff,
agents, and retained attorneys 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 agree with the owner thereof as to the damages to the landowner, and to
take any other legal action necessary and incidental to such purchases or eminent domain
proceedings to survey, both lineal and archaeological, and to appraise, define, specify,
and secure such property interests.
SECTION 4: All acts and proceedings done or initiated by the employees, agents, and
attorneys of the City of Schertz for the acquisition of such property are hereby
authorized, ratified, approved, confirmed, and validated and declared to be valid in all
respects as of the respective dates thereof with and in regard to the grantors from whom
such rights have been or are being acquired.
SECTION 5. The City Council hereby finds that the vote authorizing the adoption of this
Resolution and the use of eminent domain power as specified herein was taken in a
public meeting by a record vote and moving that this Resolution applies to all units of
property to be condemned for the purposes and public uses set forth herein and that said
vote was made in or substantially similar to the following form: "I move that the City of
Schertz authorize the use of the power of eminent domain to acquire all units or property
identified in Exhibits 6.8b and 6.8c to this Resolution for the public use of a secondary
water pipeline to serve the customers in the City of Schertz and within the service are of
the Schertz /Seguin Local Government Corporation."
SECTION 6: If any provisions, sections, subsections, sentences, clauses or phrase of
this Resolution, or the application of same to any person or set of circumstances is for
any reason held to be unconstitutional, void or invalid, the validity of the remaining
portions of this Resolution shall not be affected thereby, it being the intent of the City
Council of the City of Schertz, Texas in adopting this Resolution that no portion thereof,
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or provisions or regulation contained herein shall become inoperative or fail by reason of
any unconstitutionality or invalidity of any other portion hereof and all provisions of this
Resolution are declared to be severable for that purpose.
PASSED AND APPROVED on this 24th day of April 2018.
CITY OF SCHERTZ, TEXAS
R. Carpenter, Mayor
ATTEST:
(Zd�a Dennis, City Secretary
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