23-R-34 Dedicated Transmission Main Project easement for pipelines and appurtenancesRESOLUTION NO. 23-R-34
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, AUTHORIZING THE ACQUISITION OF
PERMANENT AND TEMPORARY EASEMENTS NECESSARY FOR
THE COMPLETION OF PIPELINES AND APPURTENANCES
RELATED TO LIVE OAK TO THE IH 35 WATER STORAGE TANK
DEDICATED TRANSMISSION MAIN AND HIKE AND BIKE TRAIL
EASEMENTS GENERALLY ALONG THE SAME ALIGNMENT.
WHEREAS, the proposed Dedicated Transmission Main 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, to facilitate the construction of the pipeline improvements, temporary
construction easements will also be obtained adjacent to the permanent easements to provide
adequate space for construction activities; and
WHEREAS, to protect the health, safety, and welfare of the citizens of the City of
Schertz, this Dedicated Transmission Main project serves the public purpose of construction of
water mains and appurtenances necessary to convey water from the East Live Oak tank to the
IH-35 tank; and
WHEREAS, the 2017 Transportation Plan Trails Network maps shows a future hike and
bike trail, generally along the alignment of the waterline; and
WHEREAS, the City Council finds it in the best interest of the City to grant the
authority to negotiate and acquire all necessary easements and land from the property owners
along the Dedicated Transmission Main alignment and future hike and bike trail.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS THAT:
Section 1. The City Council of the City of Schertz, Texas, hereby authorizes the Staff of
the City of Schertz, Texas, to negotiate and acquire all necessary easements from property
owners as generally shown on Exhibit A.
Section 2. The City Manager is authorized to execute any and all documents necessary
to complete the acquisition of all needed easements contemplated herein.
Section 3. 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 4. 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provision of this Resolution are hereby repealed to the extent of such conflict, and the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 5. This Resolution shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 6. 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 7. 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 8. This Resolution shall be in force and effect from and after its final passage,
and it is so resolved.
PASSED AND ADOPTED, this 4th day of April 2023.
CITY OEISCHERTZ, TEXAS
Ra(pyGtorrez, Mayor
ATT T:
Sheila Edmondson, City Secretary
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