Legislation Details

File #: RES-1262    Version: 1 Name:
Type: Resolution Status: Discuss and consider action
File created: 9/11/2024 In control: Public Works
On agenda: 9/24/2024 Final action:
Title: Discuss and consider action to approve a resolution of the City Council of the City of Pflugerville. Texas, directing the City Manager or the City Manager’s designee to execute all documents to institute eminent domain proceedings for the acquisition of land situated for temporary construction and utility easements in Pflugerville, Travis County, Texas and directing the City Attorney to initiate condemnation proceedings associated with the Secondary Colorado River Raw Water Line Project.
Attachments: 1. Proposed Resolution
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Title

Discuss and consider action to approve a resolution of the City Council of the City of Pflugerville. Texas, directing the City Manager or the City Manager’s designee to execute all documents to institute eminent domain proceedings for the acquisition of land situated for temporary construction and utility easements in Pflugerville, Travis County, Texas and directing the City Attorney to initiate condemnation proceedings associated with the Secondary Colorado River Raw Water Line Project.

 

Summary

This resolution has been included on the agenda to follow for discussion and potential action regarding easements on Parcel 29a needed for the Secondary Colorado River Raw Water Line Project. As part of the project, it is necessary for the city to acquire these easements. The city has determined a public need to acquire the temporary construction for the purpose of constructing this project. The property owner has not been agreeable to the cost and/or the terms outlined in the easement proposals. Staff, City legal counsel and the City’s land acquisition consultant, Seven Arrows Land Staff, LLC have conducted numerous discussions with the property owner regarding the right of way terms.

 

This resolution authorizes the City Manager and the City Attorney, on behalf of the City, to initiate condemnation proceedings and such other actions are necessary to acquire the property by the exercise of the power of eminent domain proceedings.

 

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

 

Deadline for City Council Action

Action is requested on September 24, 2024.

 

Funding Expected: Revenue __  Expenditure __  N/A _X_ 

Budgeted Item: Yes __ No __  N/A _X_                     

Amount: ___N/A___

1295 Form Required? Yes __ No _X_                     

Legal Review Required: N/A __ Required _X_ Date Completed: 09/5/2024                                          

 

Supporting documents attached:

Proposed Resolution

 

Recommended Action

Approve a resolution authorizing the City Manager or the City Manager’s designee to execute all documents to institute eminent domain proceedings for the acquisition of land situated for permanent easements in Pflugerville, Travis County, Texas and directing the City Attorney to initiate condemnation proceedings.