HomeMy WebLinkAboutRES 012726-6.D - PCN; PRJ000376, SH 138 Waterline Replacement ProjectRESOLUTION NO. p121 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, FINDING PUBLIC CONVENIENCE AND
NECESSITY FOR THE SH 138 WATERLINE REPLACEMENT
PROJECT; AUTHORIZING EMINENT DOMAIN
PROCEEDINGS, IF NECESSARY, FOR THE ACQUISITION OF
REAL PROPERTY RIGHTS NECESSARY FOR THE PROJECT;
REPEALING CONFLICTING RESOLUTIONS; INCLUDING A
SEVERABILITY CLAUSE; 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, and as more specifically
described on Exhibit "A" attached hereto and by this reference incorporated herein, for the
purposes of laying out, opening, constructing, reconstructing, maintaining, replacing, extending,
and operating the SH 138 Waterline Replacement, a water supply project (hereinafter the
"Project"), from the location of the Hoover Elevated Storage Tank on CR 223 near SH 138 east to
a connection point near the southwest intersection of N. Patterson Avenue and SH 138 in Florence,
Texas;
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 are necessary or convenient for the purposes of laying out, opening, constructing,
reconstructing, maintaining, replacing, extending, and operating the Project, including utility
improvements, 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, such general route being from the
location of the Hoover Elevated Storage Tank on CR 223 near SH 138 east to a connection point
near the southwest intersection of N. Patterson Avenue and SH 138 in Florence, Texas, and the
City further finds and determines that condemnation of such interests may be required;
WHEREAS, if a water supply project requires the acquisition of multiple tracts or units of
property 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 lay out the Project and acquire the necessary
easements upon, over, under and across the affected properties for the purpose of replacement,
construction, reconstruction, operation, and maintenance of water utility infrastructure
Resolution Number: (712-1 2, rn - (n .('*�
Subject: PCN; PRJ000376, SH 138 WL Replacement Project Page 1 of 4
Date Approved: 6 \
improvements, and appurtenances thereto, and for the use of any excavated materials from the
affected properties for use in construction of such infrastructure improvements;
WHEREAS, it may be necessary to hire engineers, surveyors, appraisers, attorneys, title
companies, architects, or other people or companies to effectuate 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 the easements to be acquired for the Project;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN:
Section 1. The meeting at which this resolution was approved was conducted in
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
Section 2. The facts and recitations contained in the preamble of this resolution are hereby
found and declared to be true and correct and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim.
Section 3. 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 the
real property located between the Hoover Elevated Storage Tank on CR 223 near SH 138 east to
a connection point near the southwest intersection of N. Patterson Avenue and SH 138 in Florence,
Texas, for the purposes of laying out, opening, constructing, reconstructing, maintaining,
replacing, extending, and operating the Project in Williamson County, Texas, including water
utility and other related appurtenances, and/or other public uses and purposes as permitted by law.
Section 4. 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 route of the Project;
b. Hire such engineers, surveyors, appraisers, title companies, architects, and
other persons or companies needed to effectuate the laying out of the
facilities for the Project, the establishment and acquisition of the required
easements, and the construction of permanent infrastructure improvements,
and appurtenances thereto;
Resolution Number: p 1,21 2(o — (o .1)
Subject: PCN; PRJ000376, SH 138 WL Replacement Project Page 2 of 4
Date Approved: Cps 2'L [:&QI („
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 any necessary and related tests;
d. Negotiate with the owner(s) of any such properties for the purchase thereof;
e. Purchase any necessary easement rights on, over, under and across the
affected Properties, and execute all documents necessary to acquire such
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.
Section 5. 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.
Section 6. 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.
Section 7. 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.
Section 8. All resolutions that conflict with the provisions of this resolution are hereby
repealed, and all other resolutions of the City not in conflict with the provisions of this resolution
shall remain in full force and effect.
Section 9. If any provision of this resolution, or application thereof, to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this resolution, which can be given effect without the invalid provision or
application, and to this end the provisions of this resolution are hereby declared to be severable.
Resolution Number:
Subject: PCN; PRJ000376, SH 138 WL Replacement Project Page 3 of 4
Date Approved: b\ I J'1 I Zp2 (O
Section 10. The Mayor is hereby authorized to sign this resolution and the City Secretary
to attest. This resolution shall become effective and be in full force and effect immediately in
accordance with the provisions of the City Charter of the City of Georgetown.
PASSED AND APPROVED on the ��ay c
ATTEST:
TH
By:
Robyn Dens 1 ore, City Secretary
APPROVED AS TO FORM:
Skye Aasson, City Attorney
Resolution Number:
Subject: PCN; PRJ000376, SH 138 WL Replacement Project Page 4 of 4
Date Approved: O\ � 21 [ ZOZfo
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