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RESOLUTION NO. 14 9 h
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CIBOLO,
TEXAS, AUTHORIZING THE CONSTRUCTION OF THE WW 4 —
PHASE I PROJECT ("THE PROJECT"); DETERMINING THE PUBLIC
NECESSITY; AUTHORIZING THE ACQUISITION OF PROPERTY
RIGHTS NECESSARY FOR THE PROJECT; AUTHORIZING AND
RATIFYING THE APPOINTMENT OF AN APPRAISER AND
NEGOTIATOR AS NECESSARY; AUTHORIZING THE CITY
MANAGER OF THE CITY OF CIBOLO, TEXAS TO ESTABLISH JUST
COMPENSATION FOR THE PROPERTY RIGHT TO BE ACQUIRED;
AUTHORIZING THE CITY MANAGER TO TAKE ALL STEPS
NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN
COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS,
INCLUDING MAKING A FINAL OFFER FOR THE PURCHASE OF THE
PROPERTY; AND, FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO
THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City Council of the City of Cibolo, Texas, has determined that the City
of Cibolo is experiencing consistent growth in population and commercial activity over the
course of the past several years; and
WHEREAS, the City Council of the City of Cibolo, Texas has every reason to believe
that this welcomed growth will continue to occur into the foreseeable future, thereby requiring
various improvements in the City's utility services and infrastructure to accommodate the City's
new residents and businesses; and
WHEREAS, particularly within the Town Creek sewer-shed, the City has seen a
significant increase in residential and commercial construction (both proposed and actual) and
the City Council finds that the current street, drainage, sewer and water utility infrastructure
cannot sustain this significant growth in population and strain on the City's drainage, sewer and
utility infrastructure; and
WHEREAS, the City Council for the City of Cibolo has determined, in consideration of
the public health and welfare, through the recommendations of the City Engineer and others
charged with the duty to ensure that the City's infrastructure in developing areas of the city are
reasonably, economically, and efficiently connected to the City's sanitary sewer system and that
this system is appropriately sized for existing and future service demands; and
WHEREAS, the City Council has previously adopted a Capital Improvements Plan
permitting development of the City's drainage and sewerage infrastructure and incorporating
land use assumptions, as required by law, of a sewer line extending north of Green Valley
between Town Creek Road and FM 1103 in order to accommodate the residential and
commercial population increase in this service area; and
WHEREAS, specifically, the City Council finds that the City's Capital Improvement
Plan contemplates the public necessity of the construction and development of a sewer line along
the upper mainstem of Town Creek which will provide service to a large area in an efficient and
economical manner, based upon the following considerations:
■ A horizontal and vertical alignment which enables the shortest length of pipe, shallowest
depths of excavation, fewest changes in direction, and consistent slope to yield maximum
capacity and adequate depth of cover for the line diameter required to carry existing and
future flows;
■ The lowest relative elevation above mean sea level to maximize service area relative to
the capital investment;
■ The minimum amount of additional easement area necessary to construct and maintain
the line;
■ Minimization of impact to the future access to and use of adjacent private property;
■ The minimum amount of disturbance to natural and floodprone areas;
■ The potential for conversion of areas currently served by lift station to gravity service,
and the long-term benefits thereof; and
WHEREAS,the 2007 Future Land Use Assumptions map contemplated an area adjacent
to Town Creek and North of Green Valley Road as low density residential, recent development
applications present higher density residential land use in the area thereby establishing a need to
revise the dimensions and location of the sewer line intended to service this area under the City's
Capital Improvements Plan; and
WHEREAS the City Council has determined that in order to make this construction and
development possible the City will need to acquire certain property rights as no public property
currently owned by the City exists in this area that would be usable for this project; and
WHEREAS, the City Council has identified property that is the only property that could
be used for the location of this much needed public works project; and
WHEREAS, the City Council has been presented with a 51 page appraisal, with
attachments, prepared by Eckmann Groll, Inc. demonstrating the fair market value for an
easement on the property identified as the best location for this project based on the highest and
best use of the property; and
WHEREAS, this project was recommended by the City staff in order to commence the
WW 4 —Phase I Project and to further improve the general welfare, health and public safety of
the Citizens of the City of Cibolo, Texas and the general public at large and it is recommended
that the City acquire all necessary property rights for the project; and
WHEREAS, the City Council finds that it is in the best interest of the Citizens of the
City of Cibolo to acquire real property rights, including up to fee simple title, in order to
commence and complete the WW 4 — Phase I Project and that the appropriate representatives of
the City including the City Manager, City Attorney and their designees initiate negotiations with
the property owner in order to purchase the property and, if necessary, commence litigation to
acquire the property through the power conferred upon the City of Cibolo of eminent domain;
and
WHERESAS, the City Council finds that the appraisal constitutes fair market value for
the acquisition of approximately twenty (20) feet or 0.39 Acres out of the James N. Richardson
Survey No. 102, Abstract#277. City of Cibolo, Guadalupe County, Texas (Permanent Easement)
and approximately twenty five (25) feet or 0.49 Acres out of the James N. Richardson Survey
No. 102, Abstract #277, City of Cibolo, Guadalupe County, Texas (Temporary Construction
Easement).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS:
SECTION 1. That the City Council hereby finds and determines that a public purpose
and necessity exists for the City of Cibolo to complete the WW 4—Phase I Project (the
"Project") by obtaining real property rights as described in the recitals herein, and constructing
the Project and to acquire the necessary property rights in those certain lots, tracts or parcels of
land deemed necessary for construction of the Project as identified in the design plans and
specifications as amended, together with all necessary appurtenances, additions and
improvements on, over, under, and through those certain lots, tracts or parcels of land including
(but not limited to) the rights to install, construct, repair, replace, maintain, and upgrade the
utilities therein. The easement will be permanent and exclusive. The City will acquire rights to
utilize said easement for any and all purposes incidental to the installation, construction, repairs,
replacement, maintenance and upgrades on the utilities therein.
SECTION 2. That the City Manager is authorized and directed to negotiate for and to
acquire the required property rights (up to and including the fee simple title) for the City of
Cibolo, Texas and to acquire said rights in compliance with State and Federal law. That the City
Manager is specifically authorized and directed to do each and every act necessary to acquire the
needed property rights including, but not limited to: the authority to negotiate; give notices;
make written offers to purchase; prepare contracts; designate a qualified appraiser of the properly
to be acquired; make a final offer to purchase; and, where necessary, to institute proceedings in
eminent domain and any other such act performed or to be performed in furtherance of this
project performed by the City Manager under her general authority provided by law, all of which
is hereby ratified.
SECTION 3. That the City Manager, or any individual he may so designate, is appointed
as negotiator for the acquisition of this property and, as such the City Manager is authorized and
directed to do each and every act and deed hereinabove specified or authorized by reference,
subject to the availability of funds appropriated by the City Council for such purpose. The City
Manager is specifically authorized to establish the just compensation for the acquisition of the
property. That, if the City Manager or her designee determines that an agreement as to damages
or compensation cannot be reached, then the City's Legal Counsel, Denton, Navarro, Rocha &
Bernal, PC., as its attorney or its designee is hereby authorized and directed to file or cause to be
filed, against the owners and interested parties of the Property, proceedings in eminent domain to
acquire the above stated interest in the Property.
SECTION 4. That the findings of fact, recitations, and provisions set out in the preamble
of this resolution are adopted and made a part of the body of this resolution, as fully as if the
same were set forth herein.
SECTION 5. That it is hereby officially found and determined that the meeting at which
this resolution is passed is open to the public as required by law and that public notice of the
time, place, and purposed of said meeting was given as required.
PASSED AND APPROVED this, the : y day of May, 2011
CITY OF CIBOLO, TEXAS
By:,
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Jenan
Mayor
ATTEST:
BY: f rq
Peggy Cimics
City Secretary