HomeMy WebLinkAboutRES 041426-6.H - PCS; Easements; PRJ000185, Cimarron Hills Force Main and Gravity Sewer Line Extension ProjectRESOLUTION NO.04 l &-(X& -6 - J+
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, FINDING PUBLIC CONVENIENCE AND
NECESSITY FOR THE CIMARRON HILLS FORCE MAIN AND
GRAVITY SEWER LINE EXTENSION PROJECT;
AUTHORIZING EMINENT DOMAIN PROCEEDINGS, IF
NECESSARY, FOR THE ACQUISITION OF REAL PROPERTY
RIGHTS; REPEALING CONFLICTING RESOLUTIONS;
INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, in order to facilitate the safe and efficient movement of people and goods
within Georgetown, Texas, to control the flow of wastewater within its jurisdiction, to preserve
the financial investment of the public in its wastewater and sewer 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 wastewater easement and temporary construction easement
interest to, or any lesser real property interest in, all or a portion of the following properties
(collectively, the "Property") for the purposes of laying out, opening, constructing, reconstructing,
maintaining, widening, extending, and operating the Cimarron Hills Force Main and Gravity
Sewer Line, in Williamson County, Texas, including any drainage improvements necessary
therefore (the "Project"):
3.493 acre wastewater easement and 3.571 acre of temporary construction easement
situated in the A.H. Porter Survey, Abstract No. 490 and the John B. Berry Survey, Abstract
No. 98, Williamson County, Texas, Williamson County, Texas, as more particularly
described in Exhibit "A" and `B" attached hereto and incorporated herein by reference.
WHEREAS, as provided for in Sections 251.001 and 273.001 of the Texas Local
Government Code, the City finds and determines that the Property is necessary or convenient for
the purposes of laying out, opening, constructing, reconstructing, maintaining, widening,
extending, and operating the above described Project in Williamson County, Texas, including
roadway improvements, drainage improvements, 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 fee simple rights in the Property or a portion thereof. The City finds and
determines that condemnation of the Property, or a portion thereof, may be required.
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 right of way easements upon, over, under and across the Property for the purpose of
construction, reconstruction, operation, and maintenance of wastewater sewer line infrastructure
improvements, and appurtenances thereto, and for the use of any excavated materials from the
Property for use in construction of such infrastructure improvements;
Resolution No. 0q 114 2G - 6 - R
Date Approved: r, l I H . ?�Z6
PCN; Easements; PRJOOO185, Cimarron Hills
Force Main and Gravity Sewer Line Extension Project 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 Property for
the Project;
WHEREAS, in order to acquire the Easement Property, it will be or has been necessary for
the City's employees, agents, and/or representatives, to enter upon the Property for the purposes
of surveying and establishing said land titles and to determine adequate compensation for the
Easement Property, to conduct tests, and to negotiate with the owners thereof for the purchase of
the land titles; and,
WHEREAS, it is necessary to set out procedures for the establishment and approval of just
compensation for Easement Property to be acquired for the Project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS:
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 fee simple title to, or any lesser real property
interest in, the real property described hereinabove for the purposes of laying out, opening,
constructing, reconstructing, maintaining, widening, extending, and operating the Project in
Williamson County, Texas, including roadway and drainage improvements, and/or other public
uses and purposes as permitted by law.
to:
Section 4. The City's employees, agents, and/or representatives are hereby authorized
a. Lay out the exact location of the land area needed from the Property;
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 easements,
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,
Resolution No. OLI l L4 2-(v — b • R
Date Approved: t 1 Ll, I U Zfo
PCN; Easements; PRJOOO185, Cimarron Hills
Force Main and Gravity Sewer Line Extension Project Page 2 of 4
e. To purchase any necessary easements, or any lesser real property interest,
on, over, under and across the Property, 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 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. The initiation of condemnation proceedings for the Property is adopted and
authorized by a single order for the Property, and this first vote by the City applies to all of the
Property identified.
Section 6. The City Attorney is hereby authorized to proceed to condemnation on the
Property, 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 Property, proceedings in condemnation to acquire in the name of and on
behalf of the City, fee simple title to the Property or such lesser estates or property interests as
determined necessary, save and except oil, gas, and sulfur, as provided by law.
Section 7. 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 in the Property are hereby authorized, ratified,
approved, confirmed, and validated.
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.
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 this 16ay of , 2026.
Ir
Resolution No. C41 Li gL & �1-
Date Approved: \ IN , Zcp
PCN; Easements; PRJ000183 Cimarron Hills
Force Main and Gravity Sewer Line Extension Project Page 3 of 4
ATTEST:
By:
Robyn D smore, City Secretary
APPROVED AS TO FORM:
kye asson,ity Attorney
Resolution No. 0L1 1 td t 2 - f k1.
Date Approved:, 'q
PCN; Easements; PRJ000185, Cimarron Hills
Force Main and Gravity Sewer Line Extension Project
THE Cl O'' GEORGETOWN:
By:
Jos Schroeder, Mayor
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