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ORD 1998-18 - City Manager To Negotiate With Landowners On Pipeline James Daniels & Assoc. 9-1-98ORDINANCE NO. 98-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING BOTH THE CITY MANAGER AND THE DIRECTOR OF PUBLIC WORKS: 1) TO NEGOTIATE THROUGH JAMES DANIELS & ASSOCIATES, INC., WITH LANDOWNERS FROM WHOM THE CITY NEEDS TO ACQUIRE EASEMENTS FOR THE WATER SUPPLY PIPELINE AND RELATED APPURTENANCES TO BE CONSTRUCTED FROM THE HUNTSVILLE REGIONAL WATER TREATMENT PLANT TO GRIMES COUNTY; 2) TO EXECUTE AGREEMENTS ON BEHALF OF THE CITY FOR THE EASEMENTS; AND 3) TO CLOSE AND CONSUMMATE THE PURCHASE OF THE EASEMENTS, INCLUDING THE EXECUTION OF ALL DOCUMENTS IN RELATION THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS for the construction of a pipeline and related appurtenances from the Huntsville Regional Water Treatment Plant to Grimes County, the City needs to acquire easements across private land; and WHEREAS the firm of James Daniels & Associates, Inc., was employed to determine fair prices to pay the landowners for the easements and to assist the City in acquiring easements; and WHEREAS James Daniels & Associates, Inc., has recommended to City Council ranges ofprices within which to negotiate the amounts to be paid to the landowners for the easements and the City Council wants to approve and authorize the payment of the recommended prices; and WHEREAS the City Council wants to authorize both the City Manager and the Public Works Director to negotiate with landowners through James Daniels & Associates, Inc., for the easements and further to authorize the City Manager and the Public Works Director to execute agreements for easements with the landowners, and later to close and consummate the purchase of the easements and to execute all documents in relation thereto; and WHEREAS the City Council wants to authorize the payment of the agreed amounts for the purchase of the easements, the closing costs, and later the payment of damages to crops, as necessary; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: The City of Huntsville hereby authorizes both the City Manager and the Director of Public Works to negotiate with landowners through James Daniels & Associates, Inc., to purchase the easements needed for the water pipeline and related appurtenances to be constructed from the Huntsville Regional Water Treatment Plant to Grimes County. SECTION 2: James Daniels & Associates, Inc., is hereby authorized on behalf of the City of Huntsville to offer to pay as compensation to the landowners for the easements sums of money within the recommended price ranges heretofore presented to the City Council. Such recommended price ranges are hereby approved. SECTION 3: Both the City Manager and the Director of Public Works are hereby authorized: 1) to execute agreements for easements with the landowners using the forms prepared by legal counsel for the City; 2) in their discretion to approve special provisions to be added to the agreements for easements as negotiated with the landowners; 3) to close and consummate the purchase of the easements; 4) to execute all documents in relation thereto; and 5) to pay the agreed amounts and closing costs, and later to pay for any damages to crops sustained as a result of the construction work. SECTION 4: This ordinance shall become effective immediately upon its passage. PASSED AND APPROVED this the 14 day of '1998. THE CITY OF HUNTSV LLE IA-1, �? William B. Green, Mayor A,TTEST- Danna Welter, City Secretary =9ounds, ORM: orney