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Ord. 0823 09-22-97ORDINANCE NO. 823 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING PUBLIC CONVENIENCE AND NECESSITY FOR A PUBLIC PROJECT TO EXTEND ROADWAYS AND UTILITY SERVICES; AUTHORIZING THE CITY ATTORNEY, OR HER DESIGNEE, AND OTHER CITY OFFICIALS TO TAKE SUCH ACTIONS AS ARE NECESSARY TO ACQUIRE PROPERTY, LOCATED WITHIN THE CITY, BY DONATION, PURCHASE, OR BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN; DECLARING AN EMERGENCY AS THE PROVISION OF ADEQUATE ROADWAYS AND UTILITY SERVICES BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council recognizes that public convenience and necessity exists for the location, construction, operation, and maintenance of additional roadways and utility services; and WHEREAS, accordingly, the City Council hereby acknowledges that it is in the public's best interest to acquire property located in the City for this public project to extend roadways and utility services; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The City Council hereby finds and determines that a public convenience and necessity exists for the accomplishment of the public project to extend roadways and utility services in Brazoria County, Texas. Section 2. The public convenience and necessity requires the acquisition, by donation, purchase, condemnation, or otherwise, of certain real property located within the City and situated in Brazoria County, more particularly described in Exhibit "A", attached hereto and incorporated herein for all purposes. Section 3. The City Attorney, or her designee, and other City officials are hereby authorized and directed, on behalf of the City to take such actions as are necessary to acquire fee simple title to the property, described in Exhibit "A", and any 1 ORDINANCE NO. 823 improvements thereon, either by donation, purchase or the exercise of the power of eminent domain. Section 4. The City Council hereby declares that a public emergency exists for requiring the acquisition of said property as the provision of adequate roadways and utilities bears directly upon the health, safety, and welfare of the citizenry; therefore this Ordinance shall be passed finally on its first and only reading and shall take effect immediately upon its passage and approval by the City Council. PASSED and APPROVED on First and Only Reading this the „V,7 day of , A. D., 1997. ATTEST: Y. GL�• IT SE TARY APPROJ D AS TO FORM: aen cgAif A 0 ES McCULLOUGH CITY AT ORNEY 2 TOM REID MAYOR <Li