18-R-110 - Permanent easements related to FM 1103 Road WideningRESOLUTION NO. 18 -R -110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
AUTHORIZING THE ACQUISITION OF PERMANENT EASEMENTS AND
PROPERTY NECESSARY FOR THE COMPLETION OF RELOCATING PIPELINES
AND APPURTENANCES RELATED TO THE FM 1103 ROAD WIDENING PROJECT
AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the proposed FM 1103 Road Widening proj ect requires water and wastewater
pipeline relocations that must be installed in new permanent easements which will be acquired
from property owners and held 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, 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 and land from the property owners along FM 1103 for the relocation of the water and
wastewater line realignment.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Part 1: That Staff of the City of Schertz, Texas, is hereby authorized to negotiate and acquire all
necessary easements from property owners as generally shown on Exhibit A.
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 and relocation of
pipelines and appurtenances necessary to continue to provide water and wastewater services to the
residents along FM 1103.
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this Resolution are hereby repealed to the extent of such conflict, and the provisions of this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 August, 2018.
CITY OCHERTZ, TEXAS
R. Carpenter, Mayor
ATTEST:
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Brenda Dennis, City Secretary
(CITY SEAL)
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