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File #: 25-0592   
Type: Eminent Domain Status: Agenda Ready
File created: 3/25/2025 In control: City Council
On agenda: 4/24/2025 Final action:
Title: Approve a resolution authorizing the filing of eminent domain proceedings and payment to acquire the property interests needed for the Cap Ex South, CKT987 & 1031 Structure Relocation 2021 Project for the public use of relocating various structures along the existing circuits 926, 927, 987, and 988 requiring the acquisition of a Permanent Electric Transmission and Distribution Easement consisting of 0.0932 of one acre (4,058 square foot) easement, out of the William Cannon League Survey No.19, Abstract No.6, Travis County, Texas, being a portion of the remainder of Lots 1B and 2B, Mrs. Rosae J. Spillmann Estate, a subdivision recorded October 15, 1956, in Book 8, Page 15, Plat Records, Travis County, Texas, said Lot 1B (Tract 1) and said Lot 2B (Tract 2) conveyed to IMP South Congress LLC by Special Warranty Deed dated August 20, 2021 as recorded in Document No. 2021188813 Official Public Records, Travis County, Texas, currently appraised at $134,929 subject to an increase in value bas...
Indexes: District 2
Attachments: 1. Draft Resolution, 2. Exhibit A, 3. Map, 4. Recommendation for Action
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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 for the Cap Ex South, CKT987 & 1031 Structure Relocation 2021 Project for the public use of relocating various structures along the existing circuits 926, 927, 987, and 988 requiring the acquisition of a Permanent Electric Transmission and Distribution Easement consisting of 0.0932 of one acre (4,058 square foot) easement, out of the William Cannon League Survey No.19, Abstract No.6, Travis County, Texas, being a portion of the remainder of Lots 1B and 2B, Mrs. Rosae J. Spillmann Estate, a subdivision recorded October 15, 1956, in Book 8, Page 15, Plat Records, Travis County, Texas, said Lot 1B (Tract 1) and said Lot 2B (Tract 2) conveyed to IMP South Congress LLC by Special Warranty Deed dated August 20, 2021 as recorded in Document No. 2021188813 Official Public Records, Travis County, Texas, currently appraised at $134,929 subject to an increase in value based on updated appraisals, a Special Commissioner’s award, negotiated settlement, or judgment. The owner of the needed property is IMP South Congress LLC. The property is located at 8103 South Interstate Highway 35, Austin, TX 78744. The general route of the project is along Interstate 35 from Texas State Highway 71 South to Texas State Highway 45. Funding: $134,929 is available in the Capital Budget of Austin Energy.

 

Body

Lead Department

Financial Services Department

 

Fiscal Note

Funding is available in the Capital Budget of Austin Energy.

 

For More Information

Michael Gates, Financial Services Department, 512-974-5639; Brandon Williamson, Financial Services Department, 512-974-5666; 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; Tina Little, Austin Energy, Director, Electric Systems and Shared Services, 512-322-6396.

 

Council Committee, Boards and Commission Action:

April 14, 2025 - To be reviewed by the Electric Utility Commission.

 

Additional Backup Information:

The Texas Department of Transportation (TxDOT) Interstate 35 (I-35) Capital Express Central Roadway Project requires the relocation of various structures along existing circuits 926/927, 987 and 988 to accommodate the expanded TxDOT right-of-way along I-35 from Holly Street to State Highway 71/Ben White Boulevard to State Highway 45.

 

The City previously acquired a waterline easement across the same area through condemnation in 1986.

 

The City has attempted to purchase the needed property at 8100 South I-35, Austin, TX 78745. The City and property owner have been unable to agree on the value of the needed acquisition. The Law Department 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.