PRESENTER: Presenter
Ryan Kelso - Chief Executive Officer, New Braunfels Utilities
Bruce Haby - Real Estate Services Manager, New Braunfels Utilities
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SUBJECT: Title
Discuss and consider approval of a resolution of the City of New Braunfels, Texas, authorizing the use of eminent domain proceedings for the acquisition of permanent easements and temporary construction easements that are necessary to advance and achieve the public use of expanding the New Braunfels Utilities’ wastewater system, (the “McKenzie Interceptor Upgrade Project”), to increase sewer capacity to meet existing and future needs and ensure reliability, in the event negotiations are unsuccessful:
a. Properties owned by N.B. Avery Park Homeowners Association, Inc:
i. a 0.296 Acre Permanent Utility Easement, a 0.044 Acre Temporary Construction Easement, and a 0.213 Acre Temporary Construction Easement (Guadalupe County Parcel No. 125092);
ii. a 0.632 Acre Permanent Utility Easement, a 0.312 Acre Temporary Construction Easement, and a 0.022 Acre Temporary Construction Easement (Guadalupe County Parcel Nos. 171818 and 171819);
b. Properties owned by Rockspring Saur LLC:
i. a 2.088 Acre Permanent Utility Easement and a 1.395 Acre Temporary Construction Easement (Guadalupe County Parcel Nos. 191564 and 108128);
c. Properties owned by GCP III St. Croix Landco, LLC:
i. a 1.937 Acre Permanent Utility Easement and a 1.127 Acre Temporary Construction Easement (Comal County Parcel Nos. 421640; 422735; and 441204); and
d. Property owned by MP New Braunfels, LLC:
i. a 1.846 Acre Permanent Utility Easement and a 0.847 Acre Temporary Construction Easement (Comal County Parcel No. 71650),
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DEPARTMENT: New Braunfels Utilities
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COUNCIL DISTRICTS IMPACTED: District 2, District 4 and District 5
BACKGROUND INFORMATION:
the Board of Trustees of NBU adopted a resolution on August 29, 2024, recommending that the City acquire the Easements on certain privately-owned real property described below and depicted in Exhibits A - D of the attached resolution by purchase or through the use of eminent domain to locate, construct, utilize, and maintain approximately 9 miles of new 36-inch wastewater main to replace existing 21-inch and 24-inch interceptors conveying flow to the McKenzie Water Reclamation Facility. The Project and acquisition of the Easements is necessary to locate, construct, utilize, and maintain a wastewater pipeline to advance and achieve the public use of expanding the NBU sanitary sewer system to meet existing needs and to serve future growth and ensure reliability. NBU has negotiated in good faith with all property owners but has been unsuccessful in acquiring the necessary property rights from these parcels in order to advance the project.
ISSUE:
New Braunfels Utilities, acting as an agent of the City is seeking approval for the City to exercise its power of eminent domain, if necessary, to acquire the necessary property rights from the following properties:
increase sewer capacity to meet existing and future needs and ensure reliability, in the event negotiations are unsuccessful:
a. Properties owned by N.B. Avery Park Homeowners Association, Inc:
i. a 0.296 Acre Permanent Utility Easement, a 0.044 Acre Temporary Construction Easement, and a 0.213 Acre Temporary Construction Easement (Guadalupe County Parcel No. 125092);
ii. a 0.632 Acre Permanent Utility Easement, a 0.312 Acre Temporary Construction Easement, and a 0.022 Acre Temporary Construction Easement (Guadalupe County Parcel Nos. 171818 and 171819);
b. Properties owned by Rockspring Saur LLC:
i. a 2.088 Acre Permanent Utility Easement and a 1.395 Acre Temporary Construction Easement (Guadalupe County Parcel Nos. 191564 and 108128);
c. Properties owned by GCP III St. Croix Landco, LLC:
i. a 1.937 Acre Permanent Utility Easement and a 1.127 Acre Temporary Construction Easement (Comal County Parcel Nos. 421640; 422735; and 441204); and
d. Property owned by MP New Braunfels, LLC:
i. a 1.846 Acre Permanent Utility Easement and a 0.847 Acre Temporary Construction Easement (Comal County Parcel No. 71650).
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STRATEGIC PLAN REFERENCE:
☐Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☐Community Well-Being ☒N/A
[Enter Objectives/Performance Measures Supported]
FISCAL IMPACT:
All funds associated with property acquisition and eminent domain will the responsibility of NBU.
Recommendation
RECOMMENDATION:
Staff recommends approval