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 0.1980 acre of land in access and utility easement out of the James Burleson Survey No. 19, Abstract no. 4, Travis county, Texas and being out of that tract of land described as 18.30 acres located north of FM 969 & east of US 183 Austin, Travis County, TX.
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 7, an easement necessary 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 crossings. To accommodate the pipeline through the City of Austin's parkland, the easement acquisition process had to adhere to the Texas Parks and Wildlife Code §26.001 and §26.002, mandating the eminent domain process. As required by statue, a commissioners hearing was held on August 1, 2024 where it was determined that the City shall pay the appraised amount of $163,997.00. 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 eleven parcels (four in the City of Austin) currently in condemnation and seven parcel purchase agreements nearing completion. The project is currently out for bid, with the bid opening slated for August. Staff is optimistic we will receive multiple bids for this keystone project for the City
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 August 27, 2024.
Funding Expected: Revenue __ Expenditure _X_ N/A __
Budgeted Item: Yes _X_ No __ N/A __
Amount: _$163,997.00_
1295 Form Required? Yes __ No _X_
Legal Review Required: N/A __ Required _X_ Date Completed: _08/14/2024__
Supporting documents attached:
Award of Commissioners
Resolution
Recommended Action
Approve a resolution of the Special Commissioners award between City of Austin, a Texas municipal corporation (Parcel 7) and the City of Pflugerville in the amount of $163,997.00 for the Secondary Colorado River Raw Water Line Project.