20-R-06 - Declaring a public necessity for the acquisition of certain water pipeline easementsRESOLUTION NO. 20 -R -06
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 THE
CONSTRUCTION OF WATER PIPELINE(S) ACROSS, UPON, AND
UNDER CERTAIN PRIVATELY OWNED REAL PROPERTIES IN
GUADALUPE COUNTY AND BEXAR COUNTY, FOR THE
CONSTRUCTION, OPERATION, AND MAINTENANCE OF A WATER
PIPELINE SYSTEM FOR A PUBLIC WATER SUPPLY
WHEREAS, pursuant to its powers of eminent domain as outlined in Sections
25 1. 001 and 552.011 of the Texas Local Government Code and other pertinent statutory
authority, the City of Schertz ( "City ") 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 and Bexar County, located
as depicted on attached hereto as Exhibit "A" 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
known as the Schertz Additional Point Of Delivery Project ( "Project ") for a public
water supply to address the ongoing and future water supply demands for the Cities of
Schertz and Seguin and customers of Schertz /Seguin Local Government Corporation; and
WHEREAS, the City authorizes all appropriate actions by the city manager, staff,
and retained attorneys, and engineering and technical consultants, for the purchase or the
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;
and authorizing all other lawful action including appraisals necessary and incidental to
such acquisitions whether by purchase or through eminent domain proceedings; 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; and
WHEREAS, the City hereby finds that the acquisition of the parcels identified in
Exhibit "A" are 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 1: 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,
Texas and Bexar County, Texas, located as depicted on Exhibit "A" 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 a public water supply.
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 through 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 acquire all such property interests that the City of Schertz is unable to
acquire through negotiation, and to take any other legal action necessary and incidental to
such purchases or eminent domain proceedings to 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 ofthis
Resolution and the acquisition of property 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 purchased or by eminent domain for the purposes and public uses set forth herein.
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, or provisions
or regulation contained herein shall become inoperative or fail by reason of any
Page 2 of 3
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 7th day of January 2020.
CITY OF SCHERTZ, TEXAS
- oq4�!:w
Rai u ez, Mayor
ATTEST:
BreKda Dennis, City Secretary
41W+y1C CKCGL 61QU6LRi �3tlR�tld lSdL(IINSSY��tl!lJ3plCAg7M13M4'm hlltrbYD 31Y ®�M ®ICAM1b'U PYcYm�S1H i1S9[[D-t�SLAlUM1:9
O
LU
j
m
O
W
W N
w
p a
SS
U
c
zZ
z
O
wy
¢p
U3
CJ
LL r
}Z
�
®
L)
0 0 e
it
lov
m
m
AM
A
]M 1
OIAM
O
rT
O
O
�
�
Vii. r. .. ♦ .- .... �Y1L� }iZ! _., IYS� �:4 ?
[0
A �' 5r"r
:/ it>w.W
YYY
matr
+�
min
-
y �
o
o
7r
+
In
o
i
sl
r
A re
Wwn
/ i
+
'�F
r
ire . ..
O!I
co
N
� O
. �
41W+y1C CKCGL 61QU6LRi �3tlR�tld lSdL(IINSSY��tl!lJ3plCAg7M13M4'm hlltrbYD 31Y ®�M ®ICAM1b'U PYcYm�S1H i1S9[[D-t�SLAlUM1:9