Agenda

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City Council Regular Meeting

Meeting Date:

04/16/2024

BACKGROUND

As part of the proposed development of a Las Palapas restaurant on the property on the northbound IH-35 frontage road between Legacy Oaks and Schertz Parkway (between the Valero Pic-N-Pac and Schertz Bank and Trust) the applicant is required to construct a waterline across the front of their property and across the front of the Pic-N-Pac property and Schertz Bank and Trust, as the line across those other properties was not constructed the line as it should have been when they were platted. As part of the City's longstanding policy, the City funds the cost of construction of public improvements that should have been constructed previously by a different property owner. As part of this, the owner of the property where the Las Palapas restaurant is to be built sought easements from the adjacent property owners, Pic-N-Pac and Schertz Bank and Trust.

Schertz Bank and Trust has agreed to dedicate the easement in the form generally attached to the resolution. Schertz Bank and Trust initially wanted to include their right to simply tie into any line to be constructed in the easement at their discretion. After negotiations, City Staff modified the language and agreed instead to waive any pro-rata from the owner of the Schertz Bank and Trust property if they do tie into the line in the future. Staff is seeking approval from Council to accept the easement from Schertz Bank and Trust with the easement language as attached to the resolution.

GOAL

Provide for the orderly development of the community.

COMMUNITY BENEFIT

The acquisition of the easement and construction of the line provides a benefit to the property owners and the City by providing for a looped waterline. This helps reduce the likelihood that thoes properties would be without water in the event of a line break.

SUMMARY OF RECOMMENDED ACTION

Approval of Resolution 24-R-47 authorizing the acceptance of the easement.

FISCAL IMPACT

It is not likely that the Schertz Bank and Trust would tie into the line to be built in the easement as they already have water service. But if they did tie in within the next 10 years (the standard length for which pro-rata is generally a condition of tying into a line), the estimated amount of pro-rata that would have been due is estimated to be approximately $25,000. Actual pro-rata cost is based on final approved construction costs.

RECOMMENDATION

Approval of Resolution 24-R-47.

Attachments
Resolution 24-R-47 with Attachment