AGENDA CAPTION:
Title
Consider approval of Resolution 2023-91R, authorizing the use of the power of Eminent Domain to acquire a 1.501 acre wastewater line easement as depicted in the exhibit “A” attached hereto and incorporated herein for all purposes; determining the public necessity for this acquisition to advance and achieve the public use of the Staples Road Wastewater Improvements Project to extend public wastewater lines to provide wastewater services to the area south and east of the intersection of Staples Road and Old Bastrop Highway; authorizing the City Manager, or her designee, to take all steps necessary to acquire the needed interest in the property in compliance with all applicable laws; authorizing the City Attorney or his designee to institute condemnation proceedings as necessary to acquire said property interests to the extent negotiations are unsuccessful; and declaring an effective date.
Body
Meeting date: May 16, 2023
Department: Engineering & CIP
Amount & Source of Funding
Funds Required: NA
Account Number: NA
Funds Available: NA
Account Name: NA
Fiscal Note:
Prior Council Action: 12/7/21 - Development Agreement Approved, 1/22 - Consent and Utility Agreements Approved
City Council Strategic Initiative: [Please select from the dropdown menu below]
Environmental Protection
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Comprehensive Plan Element (s): [Please select the Plan element(s) and Goal # from dropdown menu below]
☐ Economic Development - Choose an item.
☒ Environment & Resource Protection - Public & Private Sector Partnership to Protect Water Quality & proper development in San Marcos and Blanco Rivers
☐ Land Use - Choose an item.
☒ Neighborhoods & Housing - Diversified housing options to serve citizens with varying needs and interests
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☐ Core Services
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Master Plan: [Please select the corresponding Master Plan from the dropdown menu below (if applicable)]
Wastewater Master Plan
Background Information:
The City entered into a Development Agreement with the River Bend and Riley’s Pointe Developments on December 7, 2021. Within this agreement the development agreed to abandon their wastewater discharge permit and take wastewater service from the City. The City has capacity to serve this development and this avoids a wastewater package plant maintained by a Homeowner’s Association, a Municipal Utility District, or other private provider. In order for the development to tie into the City’s wastewater system and offsite extension is necessary along Staples Road. As Staples Road is a TxDOT controlled facility easements are required for this extension. In order to acquire the remaining easements it is necessary to authorize the use of the Power of Eminent Domain to ensure there is no delay in these acquisitions. The City acknowledged, within the development agreement, the use of the Power of Eminent Domain may be necessary and would assist in the acquisition of easements. City staff will exhaust all efforts to obtain these easements prior to the use of this power.
Council Committee, Board/Commission Action:
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Alternatives:
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Recommendation:
Staff recommends approval of this resolution.