Title
Discuss and consider action to approve an ordinance on second reading with the caption reading: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PFLUGERVILLE, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER OR THE CITY MANAGER’S DESIGNEE TO SIGN AND EXECUTE ALL NECESSARY DOCUMENTS TO INSTITUTE EMINENT DOMAIN PROCEEDINGS FOR THE ACQUISITION OF A 0.910 ACRE TRACT SITUATED IN THE PETER CONRAD SURVEY NO.71, ABSTRACT NO.200, TRAVIS COUNTY, TEXAS AND BEING A PORTION OF TWO TRACTS, A CALLED 1.99 ACRE TRACT DESCRIBED AS TRACT 1 AND A CALLED 9.26 ACRE TRACT DESCRIBED AS TRACT 2, BOTH PARCEL 5, EXHIBIT A-2 IN A SPECIAL WARRANTY DEED TO THE RADY FAMILY TRUST, AND RECORDED IN VOLUME 12328, PAGE 182 OF THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, TEXAS, REAL PROPERTY OWNED AND CLAIMED BY RADY FAMILY TRUST TOGETHER WITH REALTRON INC.; AND DIRECTING THE CITY ATTORNEY TO INITIATE CONDEMNATION PROCEEDINGS.
Summary
The subject of this ordinance is land acquisition needed for the Heatherwilde Widening Capital Improvement Project. As part of the project widening, it is necessary for the City to acquire a drainage easement on six properties along the western side of Heatherwilde Boulevard. City staff initially contacted each of the affected property owners and requested donation of the easement. Five of the six property owners granted the drainage easement at no cost to the City. The sixth property owner, Richard & Agatha Rady c/o Realtron Inc. and the Rady Family Trust, requested compensation for the affected easement property. The City had an appraisal conducted for the affected area comprising 0.910 acres and a formal offer was made to the property owner on September 22, 2014, in the amount of $6,974.
Staff and the City’s land acquisition consultant, Lockwood, Andrews and Newman Inc., conducted follow-up discussions with the property owner on the status of the formal offer and explanations of the appraisal value. The property owner is seeking additional funds for the acquisition of the drainage easement.
This ordinance authorizes the City Manager to make one final formal offer to the property owner for the appraised land value and execute all necessary documents to institute eminent domain proceedings if the final formal offer is not accepted.
The ordinance was prepared and approved by the City Attorney's office.
Status
The City has acquired or is finalizing all other property acquisition related to the Heatherwilde Widening project. The widening project cannot commence without the acquisition of the drainage easement on the subject property.
This ordinance was approved on first reading on June 23, 2015.
Fiscal Impact
The funds for payment of the appraised land value and any subsequent closing fees is being funded from the general obligation bonds authorized in 2014.
Staff Recommendation
Staff recommends approval of the ordinance on second and final reading.
Drafter
Tom Word
Assistant City Manager