2000M13-ACQUISTION WATERLINEAN ORDINANCE AUTHORIZING CERTAIN ACT
CONNECTION WITH THE ACQUISITION OF
WATERLINE AND TEMPORARY CONSTRUCTION EA',
AND RELATED MATTERS AND DECLARING AN EME
WHEREAS, the City of Schertz, Texas (the "City") has previousl
determined that public welfare and convenience requires the constructior
m~d maintena_ncc of a water pipeline system, along a route in Guadalt
Texas; and
WHEREAS, pursuant to its power of eminent domain as outlined
251.001 and 402.011 of the Texas Local Government Code, as amende,
pertinent statutory authority, the City Council of the City has determi
acquisition of certain xvater pipeline easements and temporary c
easements in connection therewith, over, across, upon, and under certai:
in Guadalupe County, Texas by purchase or by eminent domain pro,
necessary for the public welfare-and-convenience purpose ofconstmctin~
and maintaining a water pipeline system; and
WHEREAS, in connection therewith, the City hereby finds and
that public convenience and necessity require and that it is necessar')
public interest for employees, agents, representatives, contractors, or sut
of the City to enter upon certain properties in Guadalupe County, Texa:
surveys, including archeological and lineal surveys, so that easement ri
defined and secured in. a lawful manner, whether such easement rights
by purchase or through eminent domain proceedings; and
WHEREAS, in connection therewith, the City hereby finds ant
that public converfience and necessity require and that it is ncccssar
public interest for empl°yees, agents, subcontractors, and attorneys ac
City to be in the process of surveying, defining, and negotiating for the
of such casement rights on behalf of the City and the Schertz/S{
IONS IN
CERTAIN
;EMENTS
RGENCY.
found and
operation,
tpe County,
in Sections
~l, and other
.~ed that the
'onstruction
properties
'eedings, is
operating,
determines
and in the
contractors
to conduct
ghts may be
~re acquired
determines
and in the
',ting for the
acquisition
~guin Local
Govern_ment Corporation; ~
WHEREAS, in connection therewith, the City hereby finds an~
determines
that public convenience and necessity require and that it is necessary~ and in the
public interest for the City to ent~ upon, appropriate, take, acquire, hold and. enjoy,
by purchase or condemnation, water pipeline easements and 'temporary :onstruction
easexnents in connection therewith, on the properties more particularly ~escribed in
Exhibit A, which is attached hereto and incorporated herein ("Exhibit k");
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SCHERTZ, TEXAS: ,
SECTION 1' Public necessity and welfare require that the Cit2.~ of Schertz
acquire certain water pipelinc easements and temporary construct/on e~sements in
connection therewith, over, across, upon, and under certain privately owned real
properties in Guadalupe County, Texas as more fully described in [~.xhibit "A"
attached hereto and made a part hereof for all purposes, for the public purpose of
construction, operation, and maintenance of a water pipeline sy:;tem to be
constructed. Public necessity and welfare also rcquire that the City of Schertz
acquire the fights of ingress and egress over and across such lands and ad' acent lands
either through purchase or by the process of eminent domain and that the City of
Schertz take all other lawful action necessary and incidental to such purchases or
emincnt domain proceedings, including conducting lineal and arChaeolog .cal surYeys
and appraisals as required to specify, define, and secure such easementg according
to existing law.
SECTION 2' The City Council hereby directs and authoriz, es the City
Manager, employees, agents, subcontractors, and attomeys to institute and prosecute
to conclusion all necessary proceedings to condemn the property interests described
above herein and to acquire all such interests that the City of Schertz is unable to
acquire through negotiation by reason of its inability to a~ee with the o,,xmer thereof
as to the market value of the easement and/or damages to the landowne'r caused by
the acquisition of the easements, and to take any other legal action net:essary and
incidental to such purchases or eminent domain proceedings to surx, ey, both lineal
and archaeological, and to appraise, define, specify, and secure su¢.h property
interests.
SECTION 3' All acts and proceedings done or initiated by the -~mployees,
agents, and attorneys of the City of Schertz for the acquisition of such 1: roperty are
hereby authorized, ratified, approved, confirmed, validated, and declared to be valid
in ali respects as of the respective dates thereof ~vith and in regard to tl ~e grantors
from whom such fights have been or are being acquired.
SECTION 4' If any provisions, sections, subsections, sentences clauses or
phrases of this Ordinance, or the application of same to any persm or set of
circumstances is for any reason held to be unconstitutional, void, or nvalid, the
validity of the rcmaining portions of this Ordinance shall not be affecte(
being the intent of the City Council of thc City of Schertz in adopting this
that no portion hercoI; or provisions or regulations contained herein sk
thereby, it
Ordinance
all become
633330.1 2
inoperative or fail by reason of any unconstitutionality or invalidity
portion hereof, and all provisions of this Ordinance are declared to be
that purpose.
SECTION 5- By vote of not less than two-thirds of the member
Council present at the meeting at which this Ordinance was consider
Council has determined that an emergency exists which requires imme
and this Ordinance is hereby adopted on a single reading. Th_is Ordina
in force and effect from and after its final passage, and it is so ordaine(
f77?.e remainder of this page intentionally left blanl,: ]
~f any other
everable for
s of the City
ed, the City
diate action,
ncc shall be
633330. I -~
READ, CONSDERED, PASSED, and APPROVED at a Rcgt
of the City Council of the City of Schertz on the 6th day of June, 2'
accordance with the Open Meetings Act, Texas Gov't Code §551.00
which a quorum was present.
APPROVED by the Mayor of the City of Schertz, Texas, on thi
of June, 2000.
dar Meeting
:)00, held in
et. seq., at
the 6th day
By:
CF SCHERTZ
ATTEST:
City Secretary
6333~o.~ 4
TH E STATE 0 F TEXAS,
County of Guadalupe
PUBLISHER'S AFFIDAVIT
~.',,;' :¢ i ' ,
'. ,,. /,.,,,./_
~ " -7- t!'i/_.~,,z~
~t:/ · ~ Z- t~'-" -
,
Before me, the undersigned authority, on this date personally appeared
Ninneman, known to me, who, being by me duly sworn, on her oath del:
that she is the Managing Editor of The Seguin Gazette-Enterprise, a ne~
published in said county; that a copy of the within and foregoing notice ~
Kathie
,oses and says
~vspaper
vas published in
said newspaper 2 times before the return day named therein, such publications being
on the following dates'
June18 2000z< ~
' ~ z
June22 2000z~~E
'
_w< w
Gazette Enterprise
PennySaver
and a newspaper copy of which is hereto attached.
Sworn to and subscribed before me this
ORDINANCE NO. ~~~-
AN ORDINANCE AU-
THORIZING CERTAIN
ACTIONS IN CONNEC-
TION WITH THE ACQUI-
SI'I'ION OF CERTAIN WA-
TERLINE AND TEMPO-
RARY CONSTRUCTION
EASEMENTS AND RE-
LAMED MATTERS, AND
DECLARING AN EMER-
GENCY.
PASSED, APPROVED
AND ADOPTED lhe 6th day
of June, 2,0(X).
Norma Althouse,
C~y Secretary.
)00.
Notary Public, Guadalup County, Texas