Title
Consider a resolution determining the necessity for, and authorizing the use of the City's power of eminent domain to acquire an electric utility easement in 0.467-acre of land (Parcel 77) from property owned by Mark L. Etheridge and Linda M. Etheridge for the BCRUA Phase 2 raw water delivery project.
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The Brushy Creek Regional Utility Authority (BCRUA) is in the process of acquiring easements necessary for the construction of an electrical line that is required in order to provide power to the future pump station for the Phase 2 Deep Water Intake project.
The Easement Purchase Agreement is with Mark L. & Linda M. Etheridge for the acquisition of 0.467 acre along their property.
The original appraised and negotiated purchase price for this easement is $43,726 and has been approved by the BCRUA Operations Committee. The owners are represented by an attorney but have not provided any substantive monetary demand response to the initial or final purchase offer letter. Round Rock’s portion of this amount is 28.19% which equates to $12,326.36.
This resolution reserves the City's right to use eminent domain to acquire this tract 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 an electric utility easement to the following parcel of land for construction of improvements to and for the regional raw water treatment, delivery and distribution system of the Brushy Creek Regional Utility Authority, Inc.: a 0.467-acre tract of land from property owned by Mark L. Etheridge and Linda M. Etheridge, as described in Exhibit ...
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