ORD 1283 08/27/2019 O FC/,9
J O
V .' r O
...,,,,,,,,,,,,,,,,,,
rCxrs
"City of Choke"
ORDINANCE NO. /aj«3
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 APPROPRIATE ACTION OF THE CITY IN THE INSTITUTION
AND PROSECUTION OF CONDEMNATION PROCEEDINGS TO ACQUIRE SUCH
PROPERITES THAT CANNOT BE ACQUIRED THROUGH NEGOTIATION FOR THE
FM 78 SANITARY SEWER LINES 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
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 FM 78 SANITARY SEWER LINES
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 and correct and are
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 sanitary sewer lines.
Section 3. The Properties for this Project are required for the construction, operation,
reconstruction, improvement, repair and maintenance, of the FM 78 SANITARY SEWER LINES
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 fords 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 and all provisions
of this Ordinance are declared to be severable for that purpose.
Section 8. All ordinances and agreements and parts of ordinances and agreements in conflict
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 27 day of August, 2019.
Stosh Boyl
Mayor
ATTEST
Peggy Cimics, TRMC
City Secretary
APPROVED AS TO FORM:
Frank Garza
City Attorney
ATTACHMENT 1rf
AlW
.............. 11......
PIT
0
LLJ cr
UJ
>. co
(x uQi
_j
its O
Iro
Legend
Sanitary Sewer P