HomeMy WebLinkAbout029162 RES - 07/26/2011RESOLUTION
DETERMINING THAT A PUBLIC NECESSITY EXISTS FOR THE
ACQUISITION OF EASEMENTS FOR THE MARY RHODES PIPELINE
PHASE 2 IMPROVEMENTS PROJECT FOR THE PUBLIC PURPOSE,
USE AND CONSTRUCTION OF A WATER PIPELINE; AND
AUTHORIZING THE CITY MANAGER, CITY ATTORNEY AND AGENTS
OF THE CITY TO ACQUIRE THE EASEMENTS BY MEANS OF
NEGOTIATIONS OR EMINENT DOMAIN, IF NECESSARY.
WHEREAS, the City of Corpus Christi ("City") has implemented the Mary Rhodes
Pipeline Phase 2 Improvements Project (the "Project"); and
WHEREAS, the Project has entered into the acquisition phase; and
WHEREAS, the City Council of the City of Corpus Christi, Texas ("City Council")
believes that a public necessity exists for the Project and believes that a public
necessity exists for the acquisition of certain property rights, consisting of easement
rights in parcels necessary for the Project; and
WHEREAS, the City Council believes that the easements should be acquired by means
of negotiation or eminent domain, if necessary;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Council by this Resolution determines that a public necessity
exists for the use and construction of a water pipeline as part of the Project, and that it
is necessary for the public welfare and convenience to acquire certain easement rights
for completing the Project.
SECTION 2. That the City Manager, City Attorney and agents of the City are authorized
to act on behalf of the City to acquire the easements, either by negotiating or by filing, or
causing to be filed, condemnation proceedings under Texas law in the event the
consideration to be paid for the easements cannot be agreed upon during negotiation.
SECTION 3. That this Resolution shall take effect immediately.
SECTION 4. That if any provision, section, subsection, sentence, clause, or phrase of
this Resolution, or the application of the 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 Resolution shall not be affected thereby, it being the intent of the City
Council in adopting this Resolution 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 Resolution are declared to
be severable for that purpose.
0291.62
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INDEXED
ATTEST:
CITY OF CORPUS CHRISTI
Armando Cha pa Joe Ad eeele‘j4411
City Secretary Mayor
Approved as to form: TuNe i S , 2011.
L. Brian Nary z
Assistant City Attorney
for City Attorney
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day of
The above resolution was
Joe Adame
Chris N. Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John Marez
Nelda Martinez
Mark Scott
Linda Strong
, 2011
passed by the following vote:
„cd-Ladvs-
417-
/4it
029.162
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