2008R41-Condemnation Gouner
RESOLUTION NO. 08-R-1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS APPROVING A STATEMENT AND PETITION IN
CONDEMNATION RELATING TO RUTH GOUNER AND HARRIS L.
GOUNER, TRUSTEE OF THE HARRIS L. GOUNER REVOCABLE
LIVING TRUST
WHEREAS, the City of Schertz, Texas (the "City") has previously found and determined
that public welfare and convenience requires the construction of a storm water drainage channel
within the City in Guadalupe County, Texas; and
WHEREAS, in connection therewith, the City has found and determined and hereby finds
and determines that public convenience and necessity require and that it is necessary and in the
public interest for the City to enter upon, appropriate, take, acquire, hold and enjoy, by purchase
or condemnation, the fee simple title to a tract of land to be part of a storm water drainage
channel within the City in Guadalupe County, Texas, more particularly described in the
Statement and Petition in Condemnation attached hereto as Exhibit A which is incorporated
herein (the "Statement and Petition");
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS AS FOLLOWS:
Section 1. Public convenience and necessity require and it is necessary and in the
public interest that the City, through one or more of its duly authorized officers, agents,
employees and/or attorneys, acquire, hold and enjoy, by purchase or condemnation, the fee
simple title to a tract of land to be part of a storm water drainage channel within the City in
Guadalupe County, Texas, as more particularly described in the Statement and Petition;
Section 2. The terms and provisions of the Statement and Petition are hereby adopted
and approved, and are necessary and essential for the public purpose and use of the construction
of a stormwater drainage channel within the City in Guadalupe County, Texas; and
Section 3. As negotiations to acquire the fee simple title to a tract of land described
in the Statement and Petition have been unsuccessful, the officers, agents, employees and/or
attorneys of the City are, and each individually is hereby authorized in the name and for and on
behalf of the City to institute and file or cause to be filed and instituted condemnation
proceedings to acquire for the City said tract of land for the public purposes and use by the City
as set forth herein and in the Statement and Petition, and are further authorized to take any and
all action they deem necessary or desirable, to effectuate the purpose and intent of the foregoing
Resolutions.
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Approved, this 8th day of July 2008.
(SEAL)
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City Secretary
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