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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 1 of 3 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 2 of 3 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 3 of 3