23-R-41 Purchase 11776 Lower Seguin RdRESOLUTION NO. 23-R-41
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENTS TO ACQUIRE THE
PROPERTY LOCATED AT 11776 LOWER SEGUIN RD FOR AN
AMOUNT NOT TO EXCEED 160,000.
WHEREAS, the Lower Seguin Rd is classified as a secondary arterial by the City's
Master Thoroughfare Plan; and
WHEREAS, additional right-of-way is needed from the property at 11776 Lower Seguin
Rd to accommodate the secondary arterial street section; and
WHEREAS, the needed right-of-way acquisition would adversely impact the entire
property due to its small size and shape, therefore it is prudent to purchase the entire property;
and
WHEREAS, the City had a Certified Market Analysis done for the property and the
property was listed publicly for sale; and
WHEREAS, Staff briefed City Council on the merits of acquiring the property and the
results of the Certified Market Analysis and Council authorized Staff to negotiate for purchasing
the property on April 25, 2023; and
WHEREAS, the City's realtor has negotiated with the property owner and the property
owner has agreed to sell the property to the City; and
WHEREAS, the City of Schertz will fund the purchase of the property from Roadway
Impact Fee funds available for this purpose.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby authorizes purchasing the property located at 11776
Lower Seguin Rd and authorizes the City Manager to execute the necessary documents to
purchase the property for an amount not to exceed ONE HUNDRED SIXTY
THOUSAND DOLLARS ($160,000.00) during the FY 2022-2023.
Section 2. 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.
Section 3. 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provision of this Resolution are hereby repealed to the extent of such conflict, and the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.
Section 4. This Resolution shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 5. 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.
Section 6. 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.
Section 7. This Resolution shall be in force and effect from and after its final passage,
and it is so resolved.
1,r d
PASSED AND ADOPTED, this C J day of May, 2023.
CITY Of-SU-WRTZ, TEXAS
Mayor Pro -Tern
ATTEST:
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(-0 l� �' - - -
>-.Courney, Deputy City Secret