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12 • ACTIONGuadalupe-Blanco River Authority (Guadalupe County)

Consideration of and possible action approving a Resolution by the Guadalupe- Blanco River Authority declaring a public necessity for the acquisition of certain treated pipeline easements and temporar

Presented in: Guadalupe-Blanco River Authority Board Meeting (2023-07-19) on 2023-07-19
Meeting Agenda PDF

Official Roll-Call Vote

Restrains Gov't • 2.7/10 Impact Weight
PASSED (9 - 0)
“Motion to approve Consideration of and possible action approving a Resolution by the Guadalupe- Blanco River Authority declaring a public necessity for the acquisition of certain treated pipeline easements and temporar”
WC
William Carbonara
Director, Place 1 (Place 1)
YES
EV
Emanuel Valdez
Director, Place 2 (Place 2)
YES
JC
John Cyrier
Director, Place 3 (Place 3)
YES
DP
Dennis Patillo
Director, Place 4 (Place 4)
YES
SO
Sheila Old
Director, Place 5 (Place 5)
YES
RB
Robert Blaschke
Director, Place 6 (Place 6)
YES
JC
James Cohoon
Director, Place 7 (Place 7)
YES
SE
Steve Ehrig
Director, Place 8 (Place 8)
YES
JS
Jennifer Storm
Director, Place 9 (Place 9)
YES

Staff Report & Agenda Item Details

Consideration of and possible action approving a Resolution by the Guadalupe- Blanco River Authority declaring a public necessity for the acquisition of certain treated pipeline easements and temporary construction easements for the Western Canyon Hwy. 46 Treated Water Pipeline Relocation Project in connection therewith, over, across, upon and under certain privately owned real properties; authorizing all appropriate action by the General Manager/CEO, staff, retained attorneys and engineering and technical consultants in the institution and prosecution of condemnation proceedings to acquire any such needed easements and temporary construction easements and related rights of ingress and egress that cannot be acquired through negotiation; declaring further negotiations futile; ratifying and affirming all acts and proceedings heretofore done or initiated by employees, agents, and attorneys of GBRA to acquire such property interests including necessary acts for any applicable lienholders for such properties; authorizing all other lawful action necessary and incidental to such acquisitions or eminent domain proceedings to survey, specify, define, and secure the necessary interests in real property; declaring the sections of the Resolution to be severable one from the other in the event any section of the Resolution is determined to be invalid; said property to be identified to wit: Parcel 1 - 281 Partners, Ltd., a Texas limited partnership, being approximately 0.1385 acre (6,035 square feet) tract of land situated in the Theodore Miller Survey, Abstract No. 384 in Comal County, City of Bulverde, Texas, said 0.1385 acre tract being a portion of a 14.51 acre tract of land (by deed) deeded to 281 Partners, Ltd. by deed recorded in Document No. 201806040311 of the Official Public Records of Comal County, Texas (O.P.R.C.C.T.), attached as Exhibit “A”; and Parcel 6 – G wen Mary Reed, being a 0.1754 acre (7,641 square feet) tract of land situated in the Theodor Koester Survey, Abstract No. 340 in Comal County, Texas, said 0.1754 acre tract being a portion of the remainder of Lot 60 of Stony Creek Unit 3, a subdivision recorded in Volume 5, Page 353 of the Map and Plat Records of Comal County, Texas (M.P.R.C.C.T.), said Lot 60 conveyed to Gwen Mary Reed by Probate of Last Will and Testament Recorded in Document No. 201206011578 of the Official Public Records of Comal County, Texas (O.P.R.C.C.T.), and attached as Exhibit “B”. DISCUSSION ITEMS

Bastiat Liberty & Property Rights Analysis

This motion is scored as RESTRAINS_GOVERNMENT (Impact Weight: 2.7/10). Under the Bastiat Liberty Watchdog Index, voting YES on measures that cap or reduce ad valorem tax burdens, expand taxpayer exemptions, retire debt early, enforce competitive bidding caps, or remove regulatory/zoning barriers to private property rights earns a positive Pro-Liberty score.