...Title
Approving a resolution of the city council of the city of Pflugerville, Texas, authorizing acceptance of the special commissioners’ award and directing the City Manager and City Attorney, or their respective designees, to take all necessary actions to complete eminent domain proceedings, including ratifying the issuance of a check in the amount of the award and depositing the same with the Travis County Court Clerk for the acquisition of 0.7539 acre of land in access for an temporary construction easement and an utility easement out of the Lucas Munos Survey No. 22, Abstract No. 513, in Travis County, Texas, also known as Tract 9 of the subdivision of the Thomas Madison Estate, being the same property conveyed to Myrdis Allen, by deed recorded in volume 2619, page 48, deed records, Travis County, Texas.
...Summary
The proposed agenda item requests approval and acceptance of the special commissioners’ award along with authorization for the City Manager and City Attorney, or their designees, to take all necessary actions to finalize eminent domain proceedings for parcel 35 necessary for the Secondary Colorado River Raw Water Line Project.
The Secondary Colorado River Raw Water Line Project requires the acquisition of property, including a temporary construction easement, as well as access easements to facilitate the construction of the new raw water line. This project will transport water from the Colorado River to Lake Pflugerville, running parallel to the City’s existing raw water line to provide additional water supply to support Pflugerville's current and future needs. It includes approximately 15 miles of 42-inch water pipeline and improvements to the Colorado River Intake Pump Station, increasing water transfer capacity from the Lower Colorado River Authority from 12,000 acre-feet per year to 24,000 acre-feet per year.
On January 9, 2024, City Council authorized staff to initiate eminent domain proceedings after the property owner and the City could not come to an agreement. A Commissioners Hearing was held on March 12, 2025, where it was determined that the City will compensate the property owner $110,400 the appraised value for the utility easement and temporary construction easement required for the project. Following Council approval, legal counsel will finalize the judgment documents, completing the acquisition process and securing possession of the property.
Staff continues to finalize easement acquisitions for the project, with one currently in condemnation and two parcel purchase agreements nearing completion. Acquisition of the remaining parcels is anticipated to be complete in April 2025.
This item is supported by the infrastructure pillar of the Strategic Plan.
Prior City Council Action
Pflugerville City council approved Professional Services Agreement with FNI for Pre-Design and permitting services in the amount of $375 at the March 28, 2017, meeting.
Pflugerville City Council approved Professional Services Supplemental Agreement No. 1 modifying the scope to add Design and Bid Phase Services and increasing $3,442,165.00 the amount under the Agreement for the total of $3,817,971.00 at the February 27, 2018, meeting.
Pflugerville City Council approved Professional Services Supplemental Agreement No. 5 modifying the scope to add construction Phase and Post Construction Engineering Services and increasing by $1,309,800 in the amount payable under the Agreement for a total of $5,201,411 at the October 22, 2019, meeting.
Pflugerville City Council approved Professional Services Supplemental Agreement No. 7 for Professional Services for Design Phase Services for Phase II of the project increasing by $1,528,933 in the amount payable under the Agreement for a total of $6,748,910 at the April 27, 2021, meeting.
Pflugerville City Council approved Professional Services Supplemental Agreement No. 9 for Professional Services for extension of construction phase services of the project increasing by $114,964 the amount payable under the Agreement for the total of $6,863,874 at the August 9, 2022, meeting.
City Council authorized staff to proceed with the Eminent Domain process for all outstanding parcels associated with eh Secondary Colorado River Raw Water Line Project, LLC at the January 9, 2024, meeting.
City Council approved a construction contract with BELT construction of Texas, LLC in the amount of $35,326,497 associated with the Secondary Colorado River Raw Water Line Project on October 22, 2024, meeting.
City Council approved a construction contract with S.J Louis construction of Texas, Ltd in the amount of $56,665,407.35 associated with the Secondary Colorado River Raw Water Line Project on October 22, 2024, meeting.
City Council approved a construction contract with the Thalle construction company Inc, in the amount of $12,795,000 associated with the Secondary Colorado River Raw Water Line Project on October 22, 2024, meeting.
Deadline for City Council Action
Action is requested on March 25, 2025.
Funding Expected: Revenue __ Expenditure _X_ N/A __
Budgeted Item: Yes _X_ No __ N/A __
Budget Source: 2022 Certificate of Obligation
Amount: __$110,400.00______
1295 Form Required? Yes __ No _X_
Legal Review Required: N/A __ Required _X_ Date Completed: ___03/04/2025________
Supporting documents attached:
Resolution
Award of Commissioners
Recommended Action
Approve a resolution of the Special Commissioners award between Myrdis Allen, Zita D'Zalia Allen and Kermit Stonavin Allen II, Heirs-at-law of Dee Madison, Jr.deceased, et al (Parcel 35) and the City of Pflugerville in the amount of $110,400.00 for the Secondary Colorado River Raw Water Line Project.