Item 10: Acquisition Required for Advancement of Blanco Riverine Flood Mitigation Project

[COSM_Admin]

Consider approval of Resolution 2021-256R, authorizing the use of U.S. Department of Housing and Urban Development funds for the acquisition of fee simple title to two portions
of privately owned property at 1310 and 1380 River Road for drainage rights of way, a permanent slope easement and two temporary construction easements generally depicted
in the exhibits attached hereto and incorporated herein for all purposes, this acquisition being necessary to advance and achieve the public use of the Blanco Riverine Flood
Mitigation Project to reduce the risk of and damage from future flooding in the Blanco Gardens neighborhood; authorizing the institution of condemnation proceedings to acquire
the necessary land rights to the extent negotiations are unsuccessful; and providing an effective date.

 

[JHughson]

Please be ready with the following statement, which is what we need to do to adopt, on the screen for this item. (IN ORDER FOR THE CITY COUNCIL TO APPROVE THIS ITEM, IT IS NECESSARY TO MAKE A MOTION IN THE FOLLOWING FORM:
“I MOVE FOR APPROVAL OF RESOLUTION NUMBER 2021-255R PURSUANT TO WHICH THE CITY OF SAN MARCOS, TEXAS AUTHORIZES THE USE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE THE PROPERTY INTERESTS MORE PARTICULARLY DESCRIBED IN SAID RESOLUTION, COPY OF WHICH IS INCLUDED IN THE POSTED AGENDA PACKET FOR THIS MEETING, FOR DRAINAGE RIGHTS-OF-WAY ASSOCIATED WITH THE BLANCO RIVERINE FLOOD MITIGATION PROJECT”
However, this is on the CONSENT agenda. Please advise - looks like we need to pull it in order to comply with the request from staff as to the wording.
Need someone ready to say:
"This acquisition is necessary for the stormwater outfall and the City has been unable to reach agreement with the property owner. The property owners have retained legal representation and this resolution is necessary to continue the required process for the acquisition. The owners have been notified of the posting of this item and adoption of the resolution does not preclude further negotiations in an effort to resolve this matter."

 

[COSM_Admin]

Response provided by Laurie Moyer, Director of Engineering:
Please be ready with the following statement, which is what we need to do to adopt, on the screen for this item. (IN ORDER FOR THE CITY COUNCIL TO APPROVE THIS ITEM, IT IS NECESSARY TO MAKE A MOTION IN THE FOLLOWING FORM:
“I MOVE FOR APPROVAL OF RESOLUTION NUMBER 2021-255R PURSUANT TO WHICH THE CITY OF SAN MARCOS, TEXAS AUTHORIZES THE USE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE THE PROPERTY INTERESTS MORE PARTICULARLY DESCRIBED IN SAID RESOLUTION, COPY OF WHICH IS INCLUDED IN THE POSTED AGENDA PACKET FOR THIS MEETING, FOR DRAINAGE RIGHTS-OF-WAY ASSOCIATED WITH THE BLANCO RIVERINE FLOOD MITIGATION PROJECT”
However, this is on the CONSENT agenda. Please advise - looks like we need to pull it in order to comply with the request from staff as to the wording.
Need someone ready to say:
"This acquisition is necessary for construction of the flood control berm and the City has been unable to reach agreement with the property owner. The property owners have retained legal representation and this resolution is necessary to continue the required process for the acquisition. The owners have been notified of the posting of this item and adoption of the resolution does not preclude further negotiations in an effort to resolve this matter."

Revised language on screen for both. Will be providing brief update on resolution to Council in executive session. Jacque Thomas, Project Manager, can make this statement.