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File #: RES-1170    Version: 1 Name:
Type: Resolution Status: Discuss and consider action
File created: 1/9/2024 In control: Public Works
On agenda: 1/9/2024 Final action: 1/9/2024
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 and/or temporary construction 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.
Attachments: 1. Proposed Resolution

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 and/or temporary construction 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 parcels 4, 7, 16, 17, 18, 19, & 20 needed from the City of Austin 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 property acquisition for the construction of a new raw water line, including the procurement of permanent easements, temporary construction easements, and access easements. The proposed 15-mile 42-inch diameter pipeline is designed to run parallel and adjacent to the existing 30-inch pipeline within the current permanent utility easement. The pipeline is routed through City of Pflugerville, Travis County and City of Austin crossings streets, creeks, waterways, parks and trails.

The pipelines alignment through various sections of the City of Austin's parkland necessitates adherence to the acquisition process delineated in the Texas Parks and Wildlife Code §26.001 and §26.002. The City of Austin has consented to the terms and appraised value of the easements however, proceeding with eminent domain is necessary and mandated by the statute.

This resolution authorizes the City Manager and the City Attorney, on behalf of the City, to initiate condemnation proceedings and such other actions as are necessary to acquire the property by the exercise of the power of eminent domain proceedings.

 

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.

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.

City Council approved a Work Authorization with CBRE, Inc., for appraisal services associated with the Secondary Colorado River Raw Water Line Project in the amount of $293,700 on October 11, 2022.

 

Deadline for City Council Action

Action is requested on January 9, 2024.

 

Funding Expected: Revenue __  Expenditure __  N/A _X_ 

Budgeted Item: Yes _X_ No __  N/A __                     

Amount: _N/A_______ 

1295 Form Required? Yes __ No _X_                     

Legal Review Required: N/A __ Required _X_ Date Completed: _10/27/2023___                                          

 

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.