ORD 1259 03/12/2019 OF
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"City of Choice"
ORDINANCE NO. 1259
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS,
DECLARING A PUBLIC NECESSITY TO ACQUIRE REAL PROPERTY INTERESTS IN
CERTAIN PROPERTIES AS INDICATED IN ATTACHMENT 1 AND AUTHORIZING ALL
APPROPRIA'T'E ACTION OF THE CITY IN THE INSTITUTION AND PROSECUTION OF
CONDEMNATION PROCEEDINGS TO ACQUIRE SUCH PROPERTIES THAT CANNOT
BE ACQUIRED THROUGH NEGOTIATION FOR THE TOWN CREEK DRAINAGE -
HAECKERVILLE ROAD RECONSTRUCTION PROJECT; RATIFYING AND AFFIRMING'
ALL PRIOR ACTS AND PROCEEDINGS DONE OR INITIATED BY ATTORNEYS,
AGENTS AND EMPLOYEES OF THE CITY TO ACQUIRE SUCH PROPERTIES;
AUTHORIZING ALL OTHER LAWFUL ACTION NECESSARY OR INCIDENTAL TO
SUCH ACQUISITIONS OR EMINENT DOMAIN PROCEEDINGS TO INVESTIGATE,
SURVEY, SPECIFY, DEFINE, APPRAISE, AND SECURE THE NECESSARY FEE SIMPLE
'I'l'l LES, UTILITY EASEMENTS, AND TEMPORARY CONS IRUCTION EASEMENTS TO
SAID PRIVATELY OWNED REAL PROPERTIES; AUTHORIZING THE CITY ATTORNEY
TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN
COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS, SPECIFICALLY
INCLUDING CHAPTER 21 OF THE TEXAS PROPERTY CODE; DECLARING THE
SECTIONS OF THE ORDINANCE TO BE SEVERABLE ONE FROM THE OTHER IN THE
EVENT ANY SECTION OF THIS ORDINANCE IS DETERMINED TO BE INVALID AND
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS
PASSED, BY A RECORD VOTE, IS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS,the City Council of the City of Cibolo has determined that a public necessity exists
for the construction of improvements associated with the TOWN CREEK DRAINAGE -
HAECKERVILLE ROAD RECONSTRUCTION PROJECT (the " Project") and that the public
welfare and benefit would be served by the acquisition of certain real property interests in
properties (the"Properties") described and depicted under Attachment Number 1; and
WHEREAS, the City Council has determined it necessary, in the event(s) the City is unable to
reach agreement with the owner(s) of Properties on an amount of just compensation to be paid to
such owner(s) for the City' s acquisition of the parcels of land held by such owner(s),to institute
proceedings in condemnation to acquire the above-stated property interests and wishes to authorize
the City Attorney to cause to be filed the necessary instruments pursuant to applicable law in order
to acquire the above-stated property interests;
NOW,THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO,TEXAS, as follows:
Section 1. The facts and opinions in the preamble of this Ordinance are true coi. ejc pye
incorporated for all purposes to this Ordinance.
Section 2. The City Council of the City of Cibolo, Texas,hereby determines that there is a public
necessity for the Project, and the public welfare and benefit will be served by the acquisition of
the Properties as part of the Project for the purpose of constructing a drainage channel and associate
drainage activities to reduce flooding in the area and realign the roadway to include bike lanes and
including the operation,reconstruction and maintenance of the Project.
Section 3. The Properties for this Project are required for the construction, operation,
reconstruction, improvement, repair and maintenance, of the TOWN CREEK DRAINAGE -
HAECKERVILLE ROAD RECONSTRUCTION PROJECT, are described in "Attachment
Number 1",which is attached to and is made a part of this Ordinance for all purposes, SAVE AND
EXCEPT ANY OIL, GAS OR OTHER MINERALS IN, ON OR UNDER OR PRODUCED
FROM SAID PROPERTIES, WHICH MAY BE REMOVED FROM BENEATH SAID
PROPERTIES WITHOUT ANY RIGHT WHATSOEVER REMAINING TO THE OWNER(S)
OF SAID OIL, GAS OR MINERALS OF INGRESS OR EGRESS TO OR FROM THE
SURFACE OF SAID PROPERTIES FOR THE PURPOSE OF EXPLORING, DEVELOPING,
DRILLING, OR PRODUCTION OF SAME.
Section 4. The City Council of the City of Cibolo, Texas does hereby authorize the City Attorney,
in the event(s)the City is unable to reach agreement with the owner(s)of Properties on an amount
of just compensation to be paid to such owner(s) for the City' s acquisition of the parcels of land
held by such owner(s),to initiate proceedings in condemnation to acquire the real property interests
as described and depicted in Attachment Number 1 to this ordinance by the filing of necessary
pleadings in an appropriate court of law in Guadalupe County, Texas.
Section 5. The City Council of the City of Cibolo, Texas further finds that legal proceedings for
condemnation of the property interests relating to the Project are in compliance with the requisites
of law in that such condemnation is not to confer,nor is a pretext to confer, a private benefit on a
particular party, and is not primarily for economic benefit,but that such property is necessary for
needed infrastructure and serves a public use.
Section 6.All acts and proceedings done or initiated by the employees,agents and attorneys of the
City for the acquisition of such property interests rights are hereby authorized,ratified, approved,
confirmed and validated and declared to be valid in all respects as of the respective dates of such
acts and proceedings,with and in regard to the parties from whom such rights are being purchased
or acquired.
Section 7. Severability: If any provision, section, subsection, sentence, clause or phrase of this
Ordinance, or the application of same to any person or set of circumstances is for any reason held
to be unconstitutional, void, or invalid, the validity of the remaining portions of this Ordinance
shall not be affected thereby, it being the intent of the City Council in approving this Ordinance
that no portion hereof, or provisions or regulation contained herein, shall become inoperative or
fail by reason of any unconstitutionality or invalidity of any other portion hereof rnd all rovision�
of this Ordinance are declared to be severable for that purpose. COPY
Section 8. All ordinances and agreements and parts of ordinances and agreements m contlic
herewith are hereby repealed to the extent of the conflict only.
Section 9. It is hereby found and determined that the meeting at which this Ordinance was passed
was open to the public and that advance public notice of the time, place and purpose of said
meeting was given as required by law.
PASSED AND APPROVED the /z. A day of March,2019.
S os Boyle
Mayor
ATTEST <,
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Peggy Cimics (.: {
City Secretary I '11
APPROVED AS TO FORM:
Frank Garza
City Attorney V