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Consider authorizing the Mayor to execute a resolution determining the necessity and authorizing the use of the City’s power of eminent domain to acquire an electric utility easement in a 0.560 acre tract of land; a permanent access easement in two tracts of land totaling 0.16 acre, and a temporary construction easement in a 0.276 acre tract of land from property owned by Carolyn Douglass for the BCRUA Phase 2 raw water delivery project.
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For the Brushy Creek Regional Utility Authority (BCRUA) Phase 2 Deep Water Intake Project, the City of Round Rock is assisting in the acquisition of electrical easements on behalf of BCRUA. The electrical easements will be used to power the BCRUA Phase 2 raw water delivery project.
This item is for the consideration of a resolution determining the necessity and authorizing the use of the City of Round Rock’s power of eminent domain to acquire a permanent electric utility easement, a permanent access easement and a temporary construction easement. The permanent electric utility easement in a 0.560 acre tract of land, the permanent access easement across two tracts of land totaling 0.16 acre, and the temporary construction easement in a 0.276 acre tract of land. The land is owned by Carolyn Douglass. This electric utility easement will be used as part of the power supply for the BCRUA raw water pump station.
The City’s original appraised value for this acquisition was $39,414. The owner has not provided any substantive monetary demand or response to the BCRUA land acquisition to consultant Cobb Fendley’s initial purchase offer letter on July 9, 2024. The Final offer correspondence was sent during the second week of August. Additional requests for response will be made, but in order to stay on schedule for the overall project construction, the next step of eminent domain authorization is requested.
This resolution reserves the City's right to use eminent domain to acquire these tracts should it become necessary.
EMINENT DOMAIN MOTION LANGUAGE REQUIREMENTS
Mayor and Council:
The Texas Government Code §2206.053 has very specific requirements for the motion to authorize eminent domain proceedings. In order to make certain that we comply with these statutory requirements, I recommend that the motion to adopt the resolution be read aloud as follows:
“I move that the City Council approve this resolution which authorizes the use of the power of eminent domain to acquire easements in and to the following parcels of land for construction of proposed improvements to the BCRUA Phase 2 Raw Water Delivery Project: a 0.560-acre permanent electric utility easement, a 0.155-acre permanent access easement, and a 0.276-acre temporary construction easement from property owned by Carolyn Douglass, as described in Exhibits A-B of the resolution.”
Cost: N/A
Source of Funds: Regional Water Fund