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 3.6826 acre of land in access and temporary construction easement and utility easement out of the Lucas Munos Survey No. 55 Abstract No. 515, Travis County, Texas and being part or portion of the land described in a conveyance to MSS Trust Irrevocable Trust Et. Al in the Deed of Record in document 2016216058 of the official public records of Travis County, Texas and being 66.29 acres of the land out of the Lucas Munos Survey No. 55 Abstract No. 513, Travis County, Texas and being the land described as parcel 1-part 1 in a conveyance to 290 Jones Investment Inc. in the Deed of Record in vol. 12012, P 2033 of the official public records of 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 parcels 22 and 23 which are required for the Secondary Colorado River Raw Water Line Project.
The project will construct a new 15-mile 42-inch diameter pipeline parallel and adjacent to the existing 30-inch pipeline within the current permanent utility easement. The alignment crosses through streets, creeks, waterways, parks and trails within the City of Pflugerville, Travis County and City of Austin.
A commissioners hearing was held on August 29, 2024 where it was determined that the City will compensate First Austin Investments, LLC $169,785.00 for the acquisition of Parcel 22/23 for the project. Upon Council approval, legal counsel will finalize the judgment documents, completing the acquisition process and securing possession of the property. Additionally, staff continues to finalize the easement acquisitions for the Secondary Colorado River Raw Water Line project, with seven parcels (including one owned by the City of Austin) in condemnation and are finalizing 3 parcel purchase agreements.
The project bid opening was held on September 5, 2024, staff anticipates bringing the construction contracts forward for Council consideration in October.
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 $375,806.00 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 by $3,442,165.00 the amount payable under the Agreement for a 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 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 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 a 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 the Secondary Colorado River Raw Water Line Project, LLC at the January 9, 2024, meeting.
Deadline for City Council Action
Action is requested on September 24, 2024.
Funding Expected: Revenue __ Expenditure _X_ N/A __
Budgeted Item: Yes _X_ No __ N/A __
Amount: $169,785_
1295 Form Required? Yes __ No _X_
Legal Review Required: N/A __ Required _X_ Date Completed: 09/9/2024_
Supporting documents attached:
Resolution Post Special Commissioners
Award of Commissioners
Recommended Action
Approve a resolution of the Special Commissioners award between First Austin Investments, LLC (Parcel 22/23) and the City of Pflugerville in the amount of $169,785 for the Secondary Colorado River Raw Water Line Project.