23-R-105 Purchase Easements Riata Lift StationRESOLUTION 23-R-105
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING THE PURCHASE OF PROPERTY AND
EASEMENTS ALONG 11135 FOR THE RIATA LIFT STATION.
WHEREAS, the Texas Department of Transportation (TxDOT) is undertaking the
Interstate Highway 35 North East Expansion (IH 35 NEX) Project and has acquired additional
right of way for the widening of the highway; and
WHEREAS, the Riata Wastewater Lift Station of the City of Schertz, Texas, (City) is
located in conflict with the planned TxDOT improvements to IH 35; and
WHEREAS, the State of Texas will pay to the City of Schertz the costs incurred in
adjustment, removal, and relocation of the Riata Lift Station and Wastewater Mains, including
the site and easements; and
WHEREAS, Staff briefed City Council on the merits of acquiring the property 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, City Staff has recommended that the City purchase the property and
associated easements for the relocation of utilities along Interstate Highway 35 (Riata Lift
Station and Associated Gravity and Force Mains) 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 purchasing the property and easements
located along IH 35 and authorizes the City Manager to execute the necessary documents
to purchase the property for an amount not to exceed THREE HUNDRED THOUSAND
DOLLARS ($300,000.00) during the FY 2023-2024.
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provision of this Resolution are hereby repealed to the extent of such conflict, and the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.
PASSED AND ADOPTED, this day of October, 2023.
CITAWXAS
p Gutierr Mayor
ATT
Sheila Edmonds , City Secretary