Legislation Details

File #: es. 2026-162R    Version: 1 Name:
Type: Resolution Status: Individual Consideration
File created: 8/18/2026 In control: City Council
On agenda: 9/15/2026 Final action:
Title: Consider approval of Resolution 2026-162R, approving an agreement with Maxine Cassidy, Michael Thomas Fleming, Daryl Peyton Fleming, David Leyton Fleming, Laura Lynn Ottmers Pelitera, Carolyn Dee Ottmers Fox, Nancy Kay Ottmers Davis, and Delbert Max Ottmers, III, providing for the city to purchase approximately 2.407 acres of land in the vicinity of Redwood Road, between FM 1978 and Bluebonnet Hill Lane, for a price of $108,315.00, plus associated closing costs, in connection with the FM 1978 Water Reclamation Facility (C571); authorizing the City Manager, or her designee, to execute the agreement and associated closing documents on behalf of the city; and declaring an effective date.
Attachments: 1. Resolution, 2. 00048.0019 Purchase Contract Signed, 3. 00048.0019 Survey Whole Property FINAL, 4. Resolution 2025-124R Approval of Eminent Domain Map, 5. FM 1978 Water Reclamation Facility_Exhibit Map, 6. 2.407 ac Fleming Acquisition Map 09032026
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AGENDA CAPTION:

Title

Consider approval of Resolution 2026-162R, approving an agreement with Maxine Cassidy, Michael Thomas Fleming, Daryl Peyton Fleming, David Leyton Fleming, Laura Lynn Ottmers Pelitera, Carolyn Dee Ottmers Fox, Nancy Kay Ottmers Davis, and Delbert Max Ottmers, III, providing for the city to purchase approximately 2.407 acres of land in the vicinity of Redwood Road, between FM 1978 and Bluebonnet Hill Lane, for a price of $108,315.00, plus associated closing costs, in connection with the FM 1978 Water Reclamation Facility (C571); authorizing the City Manager, or her designee, to execute the agreement and associated closing documents on behalf of the city; and declaring an effective date.

Body

Meeting date:  September 15, 2026

 

Department:  Engineering and CIP

 

Amount & Source of Funding
Funds Required:
  $108,315.00

Account or Project Number (C = CIP funds):  C571

Funds Available:  Yes

Account Name:  FM 1978 Water Reclamation Facility

 

Fiscal Note:
Prior Council Action: Res. 2024-78R Regional Wastewater Services and Facilities Cost Sharing Agreement and subsequent amendments; Res. 2025-125R Contract with Burns & McDonnell Engineering Company, Inc; Resolution No. 2025-124R

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Comprehensive Plan Element (s): [Please select the Plan element(s) and Goal # from dropdown menu below]

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Yes Core Services

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Master Plan
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Wastewater Master Plan


Background Information:

This land purchase agreement allows for the acquisition of 2.407 acres of property strategically located adjacent to the existing FM 1978 Water Reclamation Facility (C571) for additional buffer area, future expansion, and optimized maintenance and operations of the facility and treated effluent pipeline.  The purchase price is $108,315.00.

 

Adjacent land consisting of two parcels to be purchased are required for the access road and treated effluent line for the proposed two million gallons per day (2 MGD) water reclamation facility. All known property owners have agreed to these purchases; however, the two parcels have titles issues that will prevent a title policy from being issued.  By using eminent domain, for friendly condemnation, we can clear the title issues and protect the City’s investment with a title policy.  Since all known property owners have already agreed to the acquisitions, we anticipate obtaining the title policy by year’s end.

 

In May 2024, Council approved a cost sharing agreement with multiple developers to fund a new water reclamation facility in rapidly developing area in the southeast part of San Marcos.  The new facility will allow the city to avoid multiple, small package plants throughout the area around and upstream of the San Marcos River.  The new facility is anticipated to treat 2 MGD initially and be expandable to 8 MGD.  25 acres were conveyed to the city by developers under the cost sharing agreement for the site of the FM 1978 Water Reclamation Facility. The land being purchased under this request is adjacent to the 25 acres and is needed for the access road and effluent pipeline. 

 

The FM 1978 Water Reclamation Facility construction is currently estimated at $110 million and is expected to start in October 2026 and last approximately 30 months.

 

Council Committee, Board/Commission Action:
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Alternatives:

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Recommendation: 

Staff recommends the approval of this item.