HomeMy WebLinkAboutRES 091322-AW - S. Lake Treated TransmissionRESOLUTION NO. Q'I 13 ZZ- AvJ
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, FINDING PUBLIC CONVENIENCE AND
NECESSITY FOR THE SOUTH LAKE TREATED
TRANSMISSION MAIN PROJECT; AUTHORIZING EMINENT
DOMAIN PROCEEDINGS, IF NECESSARY, FOR THE
ACQUISITION OF REAL PROPERTY RIGHTS NECESSARY
FOR THE PROJECT; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, in order to facilitate the safe and efficient supply of treated water to customers
of the Georgetown Water Utility, to preserve the financial investment of the City in its utility
infrastructure, and to protect the safety of the public, the City of Georgetown (the "City") hereby
finds that public convenience and necessity requires the acquisition of easement interests on, over,
under, and across multiple properties in Williamson County, Texas, for the purposes of laying out,
opening, constructing, reconstructing, maintaining, widening, extending, and operating the South
Lake Treated Transmission Main, a water supply project (hereinafter the "Project"), from the
location of the planned South Lake Water Treatment Plant to a point on the eastern boundary of
the Santa Rita Ranch development, each as identified on Exhibit "A" attached hereto and by this
reference incorporated herein;
WHEREAS, as provided for in Sections 251.001 and 273.001 of the Local Government
Code, the City finds and determines that easements across properties in the general area of the
Project may be necessary or convenient for the purposes of laying out, opening, constructing,
reconstructing, maintaining, widening, extending, and operating the Project, including utility
improvements, access drives, public utility infrastructure improvements, and/or other public uses
and purposes related thereto as permitted by law, and it is necessary to acquire easement rights in,
over, under, and across properties along the general route of the Project as shown in Exhibit `B"
attached hereto and by this reference incorporated herein. The City finds and determines that
condemnation such interests may be required;
WHEREAS, if a water supply project requires the acquisition of multiple tracts to construct
facilities connecting one location to another location, Subsection 2206.053(f) of the Government
Code authorizes the City to adopt a single resolution to delegate the authority to initiate
condemnation proceedings for the acquisitions to the chief administrative official of the City and
Subsection 2206.053(g) allows the City to identify the general route of the Project, rather than
specific parcels to be acquired;
WHEREAS, in order to effectuate the Project, it will be necessary and convenient that the
employees, agents, and/or representatives of the City to lay out the Project and acquire the
necessary easements upon, over, under and across affected properties for the purpose of
construction, reconstruction, operation, and maintenance of utility infrastructure improvements,
and appurtenances thereto, and for the use of any excavated materials from the affected properties
for use in construction of such infrastructure improvements;
Resolution No. n 13 ZZ - K4I
Date adopted:
PCN; WLEs; SL TP to SRR
100-1000-0010, South Lake Treated Transmission Main
Page 1 of 4
WHEREAS, it may be necessary to hire engineers, surveyors, appraisers, attorneys, title
companies, architects, or other persons or companies to effect the acquisition of the necessary
easements for the Project;
WHEREAS, in order to acquire the necessary easements, it will be or has been necessary
for the City's employees, agents, and/or representatives, to enter upon the affected properties in
the general area of the Project for the purposes of surveying and establishing said land titles and
to determine adequate compensation for the easements, to conduct tests, and to negotiate with the
owners thereof for the purchase of the easements; and,
WHEREAS, it is necessary to set out procedures for the establishment and approval of just
compensation for easements to be acquired for the Project;
Now, THEREFORE, be it RESOLVED by the City Council of the City of
Georgetown, Texas:
That in order to promote the public health, safety, and welfare, public convenience and
necessity requires the acquisition of easements across, under, along, on, upon, and over
real property located between the planned South Lake Water Treatment Plant and the
Santa Rita Ranch development for the purposes of laying out, opening, constructing,
reconstructing, maintaining, widening, extending, and operating the Project in
Williamson County, Texas, including utility and access improvements, and/or other
public uses and purposes as permitted by law.
2. That the City's employees, agents, and/or representatives are hereby authorized to:
a. Lay out the exact location of the easements needed from the properties
along the ultimate route of the Project;
b. Hire such engineers, surveyors, appraisers, title companies, architects, and
other persons or companies needed to effect the laying out of the facilities
for the Project, the establishment and acquisition of the required right-of-
way, and the construction of permanent infrastructure improvements, and
appurtenances thereto;
C. Enter upon any property necessary for the purpose of surveying and
establishing the title, in order to determine adequate compensation for the
rights being acquired, and to conduct tests;
d. Negotiate with the owner(s) of any such properties for the purchase thereof;
e. To purchase any necessary easement rights on, over, under and across the
affected properties, and execute all documents necessary to acquire such
Resolution No. 01� 13 ZZ
Date adopted: 2
PCN; WLFs; SLV P to SRR
100- 1000-00 10, South Lake Treated Transmission Main
Page 2 of 4
easements, all subject to the City Council's express approval of the specific,
negotiated terms of the acquisition;
f. Initiate eminent domain proceedings against the owner(s), lienholders, and
any owners of any other interests in the property to be acquired to obtain
the necessary title(s) for the property in the event the owner(s) fail(s) to
accept a bona fide offer to purchase the property; and
g. Take whatever further actions are deemed appropriate to economically
effect the establishment of the Project and appurtenances thereto.
3. That all previous acts and proceedings done or initiated by the City's employees,
agents, and/or representatives for the establishment of the Project, including the
negotiation for and/or acquisition of any necessary property rights on, over, under,
through, in, and across the affected properties are hereby authorized, ratified, approved,
confirmed, and validated.
IT IS THEREFORE ORDERED that the authority to initiate condemnation proceedings for any
easement necessary for the Project is hereby delegated to the City Manager, and the ultimate
acquisition of said easements by eminent domain is hereby authorized by a single order for any
affected properties, and this first vote by the City Council applies to all of the properties ultimately
identified.
IT IS FURTHER ORDERED that the City Attorney is hereby authorized to proceed to
condemnation of any easement necessary for the Project, if necessary, and directed to transmit or
cause to be transmitted this request of the City to legal counsel to file or cause to be filed against
all owners, lienholders, and any owners of any other interests in the affected properties,
proceedings in condemnation to acquire in the name of and on behalf of the City, easement estates
in, over, across, under, and through the affected properties, or such lesser estates or property
interests as determined necessary, save and except oil, gas, and sulfur, as provided by law.
4. The Mayor is hereby authorized to sign this resolution and the City Secretary to attest
thereto on behalf of the City of Georgetown. This resolution shall be effective
immediately upon adoption.
RESOLVED by the City Council of the City of Georgetown this � day of
2022.
ATTEST: THE CITZY" GEORGETOWN:
By:
Robyn Dens ore, City Secretary c roeder, Mayor
Resolution No. Cp� 13-1, -Z- —PNJ
Date adopte 15.
PCN; WLEs, SL P to SRR
100- 1000-00 10, South Lake Treated Transmission Main
Page 3 of 4
APPROVED AS TO FORM:
ye sal City Attorney
Resolution No.—N 3 ?.Z Rw
Date adopted:_
PCN; WLEs; SLW P to SRR
100- 1000-00 10, South Lake Treated Transmission Main
Page 4 of 4
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