Title
Discuss and consider action to approve a resolution of the City Council of the City of Pflugerville, Texas, directing the City Manager or the City Manager's designee to execute all documents to institute eminent domain proceedings for the acquisition of land situated for permanent easements, temporary construction easements, and access easements in Pflugerville, Travis County, Texas and directing the City Attorney to initiate condemnation proceedings associated with the Secondary Colorado River Raw Water Line Project.
Summary
This resolution has been included on the agenda to allow for discussion and potential action regarding eminent domain proceedings on easements (Parcels 2a, 2b, 2c, 3, 6, 7a, 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35, 36, 39, 43, 46, 48, 49, 50, 51, 51a, 51b, 51c, 51d, 51e, 52, 52a, 59, 60, 61 & 64d) needed for the Secondary Colorado River Raw Water Line Project. This item supports the Infrastructure pillar of the City's Strategic Plan for robust and resilient infrastructure.
The Secondary Colorado River Raw Water Line Project requires the acquisition of property, involving both permanent and temporary construction easements, as well as access easements to facilitate the construction of the new raw water line. The proposed 15-mile, 42-inch diameter pipeline is planned to run parallel and adjacent to the existing 30-inch pipeline within the established permanent utility easement. This route spans the City of Pflugerville, Travis County, and the City of Austin, crossing various streets, creeks, waterways, parks, and trails.
Easement acquisition for the Secondary Colorado River Raw Water Line Project cover both private and public lands. As of now, the City has successfully secured two permanent easements and twenty-six temporary construction easements, with forty-one easements still pending. Unfortunately, the property owners associated with these outstanding easements have proven to be unresponsive or unwilling to accept the appraised value and/or the terms outlined in the easement proposals. Since January 2023, city staff, legal counsel and the city's land acquisition consultant, Seven Arrows Land Staff, LLC., have been actively engaging or attempting to engage with these property owners in an effort to address and resolve the related easement matters.
This resolution grants the authorization to the City Manager and the City Attorney, acting on behalf of the City, to initiate condemnation proceedings and undertake any necessary actions to acquire the property through the exercise of eminent domain proceedings if the final formal offer is not accepted. Staff anticipates for acquisition to be complete by May 2024.
Prior City Council Action
City Council approved a Professional Services Agreement with Seven Arrows Land Staff, LLC., in the amount of $618,750.00 for right-of-way services for Secondary Colorado River Raw Water Line Project on February 28, 2021.
Pflugerville City Council previously approved a contract for design and bid phase services for the Secondary Colorado River Raw Water Line project with Freese and Nichols, Inc. on February 8, 2022.
City Council approved a Professional Services Agreement with CP&Y, Inc. dba STV for professional Services associated with the Secondary Colorado River Raw Water Line Project in the amount $1,430,440.00 on May 26, 2022
Deadline for City Council Action
Action is requested on January 9, 2024.
Funding Expected: Revenue __ Expenditure __ N/A _X_
Budgeted Item: Yes __ No __ N/A _X_
Amount: _N/A_______
1295 Form Required? Yes __ No _X_
Legal Review Required: __ Required _X_ Date Completed: 11/29/2023
Supporting documents attached:
Proposed Resolution
Recommended Action
Approve a resolution authorizing the City Manager or the City Manager's designee to execute all documents to institute eminent domain proceedings for the acquisition of land situated for permanent easements and for temporary construction easements in Pflugerville, Travis County, Texas and directing the City Attorney to initiate condemnation proceedings.