AGENDA CAPTION:
Title
Consider approval of Resolution 2025-124R, authorizing the use of the power of Eminent Domain to acquire fee simple and public easement interests in real property associated with the installation of the FM 1978 Water Reclamation Facility southeast of the city as depicted in the attached location map; determining the public necessity for these acquisitions; authorizing the City Manager, or her designee, to take all steps necessary to acquire the needed real property interests in compliance with all applicable laws; authorizing the city attorney, or his designee, to institute condemnation proceedings as necessary to acquire said real property interests to the extent negotiations are unsuccessful; and declaring an effective date.
Body
Meeting date: July 1, 2025
Department: Engineering & CIP & SMTX Utilities
Amount & Source of Funding
Funds Required: N/A
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Fiscal Note:
Prior Council Action: 2024-78R Cost Sharing Agreement for Wastewater Treatment Plant
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Background Information:
This resolution authorizes staff to utilize eminent domain to acquire land rights for fee simple purchase of property and wastewater easements associated with the FM 1978 Water Reclamation Facility project.
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.
Adjacent land consisting of three parcels to be purchased and one wastewater easement 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, all parcels have titles issues that will prevent a title policy from being issued. By using eminent domain, 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 this process moving fairly quickly.
The FM 1978 Water Reclamation Facility project is currently estimated at +$80 million for construction and is expected to start construction in 2026 and last approximately 2 years.
Council Committee, Board/Commission Action:
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Alternatives:
None
Recommendation:
Staff recommends approval of this item.