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 1.1898 acre of land in access and temporary construction easement out of the Mariguita Castro Survey No. 55 Abstract No. 160, 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 43 (located along the north line of E. Parmer Ln, west of Harris Branch Pkwy & south of E Howard Ln in Austin, Texas) for the Secondary Colorado River Raw Water Line Project.
On January 9, 2024, City Council authorized staff to initiate eminent domain proceedings after the property owner sought additional compensation that was beyond what was feasible for the City. A Commissioners Hearing was held on January 30, 2025, where it was determined that the City will compensate Austin HB Residential Properties. LTD, $180,000 for the acquisition of 1.1898 acres of land required for the project. This amount is closer to the City’s appraisal of $132,159 than to Austin HB's appraisal of $1.4 million.
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 two currently in condemnation and three 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 and is funded within the project's $170 million budget.
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.
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.
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.
City Council approved a construction contract with 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.
Deadline for City Council Action
Action is requested on February 11, 2025.
Funding Expected: Revenue __ Expenditure _X_ N/A __
Budgeted Item: Yes _X_ No __ N/A __
Amount: _$180,000.00
1295 Form Required? Yes __ No _X_
Legal Review Required: N/A __ Required _X_ Date Completed: __1/30/2025
Supporting documents attached:
Resolution Post Special Commissioners
Recommended Action
Approve a resolution of the Special Commissioners award between Austin HB Residential Properties, LTD (Parcel 43) and the City of Pflugerville in the amount of $180,000 for the Secondary Colorado River Raw Water Line Project.