Legislation Details

File #: 26-2463   
Type: Eminent Domain Status: Agenda Ready
File created: 8/20/2026 In control: City Council
On agenda: 9/24/2026 Final action:
Title: Approve a resolution authorizing the filing of eminent domain proceedings and payment to acquire the property interests needed in support of Austin Energy’s Capital Express Central CKT823, 834, & 835 Structure Relocation 2021 Project for the public use of relocating various transmission structures along the existing Circuits 823, 834, & 835 to accommodate the Texas Department of Transportation’s expansion of Interstate Highway 35 as part of the Interstate 35 Capital Express program requiring the acquisition of a permanent electric transmission and distribution easement consisting of 0.0096 of one acre (419 square foot) easement, out of Outlots 20 and 21, Division “C”, City of Austin, Travis County, Texas, being a portion of Lot 2, Block 2, Resubdivision of Block 5, Plainview Heights, a subdivision of record in Book 4, Page 53, Plat Records, Travis County, Texas, said Lot 2 conveyed to Ronald E. Savitsky, Jr., and Kandace S. Savisky, husband and wife, by General Warranty Deed (with Thi...
Indexes: District 9
Attachments: 1. Draft Resolution, 2. Exhibit A, 3. Map, 4. Recommendation for Action
Date Action ByActionAction DetailsMeeting Details
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Posting Language
Title

Approve a resolution authorizing the filing of eminent domain proceedings and payment to acquire the property interests needed in support of Austin Energy’s Capital Express Central CKT823, 834, & 835 Structure Relocation 2021 Project for the public use of relocating various transmission structures along the existing Circuits 823, 834, & 835 to accommodate the Texas Department of Transportation’s expansion of Interstate Highway 35 as part of the Interstate 35 Capital Express program requiring the acquisition of a permanent electric transmission and distribution easement consisting of  0.0096 of one acre (419 square foot) easement, out of Outlots 20 and 21, Division “C”, City of Austin, Travis County, Texas, being a portion of Lot 2, Block 2, Resubdivision of Block 5, Plainview Heights, a subdivision of record in Book 4, Page 53, Plat Records, Travis County, Texas, said Lot 2 conveyed to Ronald E. Savitsky, Jr., and Kandace S. Savisky, husband and wife, by General Warranty Deed (with Third Party Vendor’s Lien) dated November 14, 2007, as recorded in Document Number 2007211420, Official Public Records, Travis County, Texas, currently appraised at $33,834 subject to an increase in value based on updated appraisals, a Special Commissioner’s award, negotiated settlement, or judgment. The owners of the needed property are Ronald E. Savitsky, Jr. and Kandace S. Savitsky. The property is located at 1000 East 38 ½ Street, Austin, Texas 78751. The general route of this project is comprised of three circuits that each cross over Interstate Highway 35 from East to West, along three separate lines. Circuit 823 is located at and along East 38 ½ Street and Circuits 834 and 835 are located at and along the North and South sides of Dean Keeton Street. Funding: $33,834 is available in the Capital Budget of Austin Energy.

 

De

Lead Department

Austin Financial Services.

 

Fiscal Note

Funding is available in the Capital Budget of Austin Energy.

 

For More Information:

Brandon Williamson, Austin Financial Services, 512-974-5666; Michael Gates, Austin Financial Services, 512-974-5639; Amy Everhart, Austin Energy, Director, Local Government Issues, 512-322-6087; David Tomczyszyn, Austin Energy, VP Electric Systems Engineering and Technical Services, 512-322-6821.

 

Council Committee, Boards and Commission Action:

September 14, 2026 - To be reviewed by the Electric Utility Commission.

 

Additional Backup Information:

This specific project is for Austin Energy Circuit 823, one of three circuits included in the Capital Express Central CKT823, 834, & 835 Structure Relocation 2021 Project intended to relocate various transmission structures along the existing Circuits 823, 834, & 835 to accommodate the Texas Department of Transportation’s expansion of Interstate 35 as part of the Interstate 35 Capital Express program. This section of the CKT823 Project is along E 38 ½ Street, running east across Interstate 35 to Robinson Avenue. This easement is necessary for safety and clearance requirements pursuant to the National Electrical Safety Code.

 

The City has attempted to purchase the needed property at 1000 E 38 ½ St., Austin, Texas 78751. The City and property owners have been unable to agree on the value of the needed acquisition. The Austin City Attorney’s Office is requesting authorization to file an action in eminent domain on behalf of the City, and to authorize the City to pay for the property interest in an amount determined by the appraisal, updated appraisal(s), a Special Commissioners’ award, negotiated settlement, or judgment.