23-R-43 FM 1518 Sewer Main_Std Utility AgreementRESOLUTION NO. 23-R-43
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER
INTO A STANDARD UTILITY AGREEMENT WITH THE STATE OF
TEXAS FOR THE RELOCATION OF UTILITIES — SPECIFICALLY A
SEWER MAIN ALONG FM 1518 IN PREPARATION FOR THE FM 1518
PROJECT
WHEREAS, the Texas Department of Transportation (TxDOT) is undertaking the FM
1518 Project and has acquired additional right of way for the widening of the highway; and
WHEREAS, a 10" sewer main of the City of Schertz, Texas, (City) is located in conflict
with the planned TxDOT improvements to FM 1518; and
WHEREAS, the State of Texas will pay to the City of Schertz the costs incurred in
adjustment, removal, and relocation of the Wastewater Main; and
WHEREAS, City Staff has recommended that the City enter into a Standard Utility
Agreement (SUA) with the State of Texas for the relocation of utilities along FM 1518 and
reimbursement of project costs.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby authorizes the City Manager to execute the TxDOT
Standard Utility Agreement in substantially the form set forth as Exhibit A.
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 fmdings 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provision of this Resolution are hereby repealed to the extent of such conflict, and the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 fmal passage,
and it is so resolved.
a(
PASSED AND ADOPTED, thisc�2 day of May, 2023.
CITY OF SCHERTZ, TEXAS
Tim ayor Pro-Tem
ATTEST:
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Sheree Courney, Deputy City Secret