HomeMy WebLinkAboutRES 071409-H - Amend PUE APW CorpRESOLUTION NO. 0- 14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN AMENDING RESOLUTION NO. 031009-I
CONCERNING THE ACQUISITION OF A PERMANENT UTILITY
EASEMENT FROM APW CORPORATION, TO INCLUDE THE
ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT
IN ADDITION THERETO IN ITS FINDING OF PUBLIC
CONVENIENCE AND NECESSITY AND AUTHORIZATION OF
EMINENT DOMAIN PROCEEDINGS, IF NECESSARY, FOR THE
ACQUISITION OF EASEMENTS REQUIRED TO EFFECTUATE
CERTAIN PUBLIC UTILITY IMPROVEMENTS; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on March 10, 2009, the City Council of the City of Georgetown (the
"City") passed Resolution No. 031009-I finding public convenience and necessity and
authorizing eminent domain proceedings, if necessary, for the acquisition of a
permanent utility easement to effectuate certain public utility improvements; and
WHEREAS, the subject public utility improvement project also requires the
acquisition of a temporary construction easement, which was not included in
Resolution No. 031009-I, which temporary construction easement is also necessary to
effectuate the subject public utility improvements; and
WHEREAS, in order to promote the public health, safety and welfare of the
citizens of the Georgetown, Resolution No. 031009-I shall be amended to include a
temporary construction easement, in addition to a permanent utility easement, as set
forth herein:
WHEREAS, in order to promote public health, safety, and welfare, the City of
Georgetown (the "City") hereby finds that public convenience and necessity requires
acquisition of a permanent utility easement on, over under and across the property
described in the attached Exhibit "A" which exhibit is incorporated herein by reference
as if fully set out, and subsequently referred to as the "Permanent Easement," for
construction, reconstruction, improvement, operation, use, maintenance and extension
of an underground wastewater hne and appurtenances thereto (the "Project"); and
Resolution No. 07 IHO
Amending APW PCN Resolution No. 031009-1 (SPG-1 Wastewater Line Project)
Page 1 of 5
WHEREAS, in order to promote public health, safety, and welfare, the City
additionally finds that public convenience and necessity requires acquisition of a
temporary construction easement on, over under and across the following three parcels
of land: (1) a twenty -foot (20') wide parcel extending all along the western edge of the
Permanent Easement and graphically depicted on Exhibit "A" as "20' Temporary
Construction Easement 0.695 ACRE OF LAND;" (2) a twenty -foot (20') wide parcel
extending all along the eastern edge of the Permanent Easement and graphically
depicted on Exhibit "A" as "20' Temporary Construction Easement 1.062 ACRE OF
LAND," and (3) the property described in the attached Exhibit "B", which exhibit is
incorporated herein by reference as if fully set out, all three of these parcels being
subsequently referred to jointly as the "TCE", and being acquired for construction,
staging, storage of materials and equipment, access, and all other purposes necessary to
effectuate the Project; and
WHEREAS, in order to effectuate the Project, it will be necessary and convenient
that agents, representatives, or employees of the City, lay out the Project and acquire
the necessary easements upon, over, under and across the Permanent Easement and
TCE for the purpose of construction, reconstruction, operation, and maintenance of
wastewater utility lines, and appurtenances thereto; and,
WHEREAS, it may be necessary to hire engineers, surveyors, appraisers,
attorneys, title companies, architects, or other persons or companies to effect the laying
out, establishment, and acquisition of the Permanent Easement, TCE and the Project;
WHEREAS, in order to acquire a permanent utility easement on the property
described in Exhibit "A", it will be or has been necessary for the City's agents,
representatives, or employees to enter upon the Permanent Easement for the purposes
of surveying and establishing said land titles and to determine adequate compensation
for said land, to conduct tests, and to negotiate with the owners thereof for the purchase
of said easement; and,
WHEREAS, in order to acquire a temporary construction easement on the TCE, it
will be or has been necessary for the City s agents, representatives, or employees'to
enter upon the TCE for the purposes of surveying and establishing said land titles and
to determine adequate compensation for said land, to conduct tests, and to negotiate
with the owners thereof for the purchase of said easement; and,
Resolution No. 0 7 (L( 3C/
Amending APW PCN Resolution No. 031009-I (SPG-1 Wastewater Line Project)
Page 2 of 5
WHEREAS, it was necessary to set out procedures for the establishment and
approval of just compensation for each of the parcels to be acquired for the Project;
Now, THEREFORE, be it RESOLVED by the City Council of the City of
Georgetown:
1. That in order to promote the public health, safety, and welfare, public
convenience and necessity require the construction, reconstruction,
improvement, operation, maintenance and extension of a permanent public
wastewater utility line on, over, under and across the real property described
in the attached Exhibit "A" and that said public project will necessitate use of
the land described in the TCE during the period of initial construction.
2. That public convenience and necessity requires acquisition of a permanent
utility easement on, over, under and across the real property described in the
attached Exhibit "A" for purposes of construction, reconstruction,
improvement, operation, use, maintenance and extension of an underground
wastewater utility line, and appurtenances thereto.
3. That public convenience and necessity requires acquisition of a temporary
construction easement on, over, under and across the following three parcels:
(1) a twenty -foot (20') wide parcel extending all along the western edge of the
Permanent Easement and graphically depicted on Exhibit "A" as "20'
Temporary Construction Easement 0.695 ACRE OF LAND;" (2) a twenty -foot
(20') wide parcel extending all along the eastern edge of the Permanent
Easement and graphically depicted on Exhibit "A" as "20' Temporary
Construction Easement 1.062 ACRE OF LAND," and (3) the property
described in the attached Exhibit "B" all these three parcels being required
for purposes of construction, staging, storage of materials and equipment,
access, and all other purposes necessary to effectuate the Project.
4. That the City's agents, representatives, or employees are hereby authorized
to:
a. Lay out the exact location of the land area needed from the
Permanent Easement, TCE, or other properties;
Resolution No. 0 7I y0 9-14
Amending APW PCN Resolution No. 031009-I (SPG-1 Wastewater Line Project)
Page 3 of 5
b. Hire such engineers, surveyors, appraisers, title companies,
architects, and other persons or companies needed to effect the
laying out of the facilities, the establishment and acquisition of the
required easements, and the construction of the utility lines, and
appurtenances thereto;
Enter upon any property necessary for the purpose of surveying
and establishing the title, to determine adequate compensation for
the easements, and to conduct tests;
d. Negotiate with the owners of any such properties for the purchase
thereof;
e. To purchase any necessary easements on, over, under and across
the Permanent Easement and TCE, and execute all documents
necessary to acquire such easements, all subject to express approval
of the specific, negotiated terms by the City Council;
f. Initiate eminent domain proceedings against the owner(s) of the
Permanent Easement for a permanent utility easement and the TCE
for a temporary construction easement in the event the owner(s)
fail to accept a bona fide offer to purchase the Permanent Easement
and TCE; and
g.
Take whatever further actions deemed appropriate to economically
effect the establishment of the Project and appurtenances thereto.
5. That all previous acts and proceedings done or initiated by the City's agents,
representatives, or employees for the establishment of the Project, including the
negotiation for and/or acquisition of any necessary property rights in the
Permanent Easement and TCE are hereby authorized, ratified, approved,
confirmed, and validated. This resolution shall take effect immediately from and
after its passage.
6. The Mayor is hereby authorized to sign this resolution and the City Secretary to
attest thereto on behalf of the City of Georgetown.
Resolution No. of Iyo aH
Amending APW PCN Resolution No. 031009-I (SPG-1 Wastewater Line Project)
Page 4 of 5
7. This resolution shall be effective immediately upon adoption.
RESOLVED by the City Council of the City of Georgetown this
ATTEST:
Jss°ca E. Ham°lt : ,`City Secretary
APPROVED AS TO FORM:
Patricia E. Carls
Carls, McDonald & Dalrymple, LLP
City Attorney
day of July, 2009.
THE CITY OF GEORGETOWN:
By
George G. Garver, Mayor
Resolution No. 01 ( 'H1
Amending APW PCN Resolution No. 031009-I (SPG-1 Wastewater Line Project)
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