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15 • 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 for the West

Presented in: Guadalupe-Blanco River Authority Board Meeting (2023-08-16) on 2023-08-16
Meeting Agenda PDF

Official Roll-Call Vote

Restrains Gov't • 2.9/10 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 for the West”
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 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 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 2 – Ocean View Property Group, Ltd., being a 5.893 acre (256,694 square feet) tract of land situated in the Frederick William Foerster Survey, Abstract No. 159, the T.W.N.G. RR. Co. Survey, Abstract No. 861, the Elias Flint Survey, Abstract No. 150 and the H.&O.B. RR. Co. Survey, Abstract No. 726 in the City of Bulverde, Comal County, Texas, said 5.893 acre tract being a portion of the remainder of a 767.849 acre tract of land (by Deed) deeded to Ocean View Property Group, Ltd. by Deed recorded in Document No. 201306051649 of the Official Public Records of Comal County, Texas (O.P.R.C.C.T.), and being a portion of Lot 901, Block 1, Braken Tract Unit -2A, a subdivision recorded in Document No. 201806035882 of the Official Public Records of Comal County, Texas (O.P.R.C.C.T.), attached as Exhibit “A”; and Parcel 4 – American Ckritical Energy Systems, Inc., a Texas corporation, being a 1.249 acre (54,412 square feet) tract of land situated in the H.&O.B. RR. Co. Survey, Abstract No. 726 in Comal County, Texas, said 1.249 acre tract of land bei ng a portion of a 21.531 acre tract of land, save and except a 0.874 acre tract of land and save and except a 0.322 acre tract of land (by Deed) deeded to American Critical Energy Systems, Inc. by Deed recorded in Document No. 200506030783 of Official Public Records of Comal County, Texas (O.P.R.C.C.T.), attached as Exhibit “B”.

Bastiat Liberty & Property Rights Analysis

This motion is scored as RESTRAINS_GOVERNMENT (Impact Weight: 2.9/10). 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.