DEPARTMENT: Transportation & Capital Improvements
DEPARTMENT HEAD: Mike Frisbie, P.E.
COUNCIL DISTRICTS IMPACTED: Council District 9
SUBJECT:
Acquisition: Real Property for the (SAWS) Stone Creek Lift Station Elimination (#135) Project.
SUMMARY:
An ordinance, on behalf of SAWS, authorizing the acquisition through negotiation or condemnation, of interests in land sufficient for project purposes, of privately-owned real property located in NCB 19221, for the Stone Creek Lift Station Elimination (#135) Project, located in Council District 9; declaring it to be a public use project.
This public project is necessary for the expansion and operation of the SAWS sanitary sewer infrastructure system. Pursuant of enacted Texas Senate Bill 18 (SB 18), this item requires City Council to initiate a motion authorizing the use of power of eminent domain, should it be needed.
BACKGROUND INFORMATION:
In order for the SAWS wastewater infrastructure system to provide sufficient sewer capacity as identified by San Antonio Water System’s (SAWS) Master Planning, SAWS will be eliminating Lift Station 135 (Stone Creek) by constructing approximately 1,500 linear feet of 8-inch diameter gravity sewer main beginning at Lift Station 134 (Stone Oak) and running parallel to the Hills of Stone Oak subdivision and terminating at Lift Station 135 (Stone Creek). The general route for the Project pipeline is included herein as an attachment. The design phase of this project began in 2014. Project construction is expected to begin in fall 2016 and be completed in mid-2017.
This Project requires the acquisition of approximately eight parcels of approximately 2.791 acres for permanent and temporary construction easement interest in certain privately owned real property by negotiation or condemnation if necessary for the construction of the Stone Creek Lift Station Elimination (#135) Project. Currently this area
SAWS intends to use every effort available to obtain the required permanent and temporary land rights for said pipeline through good faith negotiations, but may require eminent domain if the easement negotiations are not successful. The City of San Antonio has the authority and power to exercise eminent domain (condemning property) under Article I, Section 17 of the Texas Constitution and Texas Local Government Code.
The proposed acquisition will not impact any developed land. The acquisition only affects vacant, unimproved property. Approximately 2.107 acres of the 2.791 acres is needed for temporary construction easements. The remaining 0.684 acres will be used for a permanent construction easement.
In order for SAWS to exercise its power of eminent domain, the City of San Antonio City Council must declare the project a public project.
ISSUE:
This ordinance, on behalf of SAWS, authorizes the acquisition through negotiation or condemnation, of interests in land sufficient for project purposes, in approximately eight parcels of privately-owned real property located in City Council District 9 in NCB 19221: three permanent easements and five temporary construction easements, for the Stone Creek Lift Station Elimination (#135) Project, declaring it to be a public project.
This public project is necessary for the adjustment of the SAWS sanitary sewer infrastructure system. The property acquisition will be completed by SAWS and the property will be funded through their FY 2016 Capital Improvement Program, Wastewater Core Business, Collection Facilities.
ALTERNATIVES:
City Council could choose not to approve this request and require SAWS to redesign the project, increasing costs and resulting in project delay.
FISCAL IMPACT:
The passage of this ordinance will not have a financial impact on the City of San Antonio. Any condemnation costs including awards will be paid by SAWS. Costs are funded by SAWS from their FY 2016 Capital Improvement Program, Wastewater Core Business, Collection Facilities.
RECOMMENDATION:
Staff and SAWS recommend approval of the ordinance authorizing acquisition by negotiation or condemnation for the needed land interests for the Stone Creek Lift Station Elimination (#135) Project.