Item Coversheet

City of Georgetown, Texas
City Council Regular Meeting
September 13, 2022

SUBJECT:
Consideration and possible action to approve a Resolution pursuant to Government Code Section 2206.053 finding that easements across portions of properties along a route generally running west from the South Lake Water Treatment Plant along Crockett Gardens Road, north past the Frederickson Ranch neighborhood, and west along Lightning Ranch Road to the Santa Rita Ranch development are necessary for the construction of the South Lake Treated Transmission Main and authorizing eminent domain proceedings for the acquisition of easements across properties in the area of the route -- Jim Kachelmeyer, Assistant City Attorney
ITEM SUMMARY:

The City is planning a 42-inch transmission main to take treated water from the new South Lake Water Treatment Plant (currently under construction at the intersection of Cedar Breaks and Crockett Gardens) to customers in the City's western ETJ and beyond.  Santa Rita Ranch has already installed a portion of the main within its development, and City Council recently authorized the design and construction of a portion along Crockett Gardens Road, at the eastern end.  

 

The City's right-of-way consultant is obtaining rights of entry from landowners between the new Plant and the Santa Rita Ranch development, to identify the preferred route of the pipeline.  A possible route is identified in the Resolution attached to this item.  Easements will be required across properties along the route ultimately chosen. 

 

Chapter 2206 of the Texas Government Code requires the City Council to adopt a resolution authorizing the use of eminent domain to acquire easements through condemnation, if landowners are unwilling or unable to donate the easements or if the parties are unable to agree on an acquisition price. Under Subsections 2206.053(f) and (g) of the Texas Government Code, though, if multiple parcels are required for a water supply project, Council can identify the general route of the pipeline and delegate authority to the City Manager to initiate condemnation proceedings, if necessary, once the final route has been established.

 

This item would approve a resolution finding that the South Lake Treated Transmission Main is necessary and authorizing the use of eminent domain to acquire the easements necessary for the project.  The resolution also delegates to the City Manager the authority to initiate condemnation proceedings, when and if necessary, and directs the City Attorney to file petitions for condemnation when the time comes. 

 

Staff recommends approval of the Resolution. 

 

FINANCIAL IMPACT:
None.  The design and construction of the pipeline will be approved by Council by a separate item or items, and the acquisition cost of the easements, if any, will be approved by Council when the final price is agreed upon by the parties.
SUBMITTED BY:
Jim Kachelmeyer, Assistant City Attorney
ATTACHMENTS:
Description
South Lake TTM - PCN Resolution