Posting Language
Title
Authorize negotiation and execution of an interlocal agreement with the Austin Transit Partnership to define the respective duties and responsibilities of the parties concerning acquisition of real property in support of Austin Light Rail, a component of Project Connect. Funding: This item has no fiscal impact.
De
Lead Department
Financial Services Department
Fiscal Note
This item has no fiscal impact.
Prior Council Action:
June 6, 2023 – City Council approved an amendment and supplement to the Joint Powers Agreement between the City, CapMetro, and the Austin Transit Partnership.
June 1, 2023 – City Council approved modifications to light rail and implementation plans related to Project Connect.
November 4, 2021 – City Council approved the Joint Powers Agreement between the City of Austin, CapMetro and the Austin Transit Partnership.
For More Information:
Michael Gates, Financial Services Department 512-974-5639
Additional Backup Information:
This item will authorize negotiation and execution of an interlocal cooperation agreement with the Austin Transit Partnership (ATP) for the purposes of establishing roles and responsibilities of the respective parties concerning acquisition of real property necessary for the Austin Light Rail project, a component of Project Connect.
ATP is responsible for the planning, design, contracting, acquisition, construction, and financing of the Austin Light Rail Implementation Plan as defined in Austin City Council Resolution No. 20230601-072. Acquisition of real property is a critical component of implementing the project, and the City and ATP desire to cooperate in the acquisition process. The interlocal agreement will address the roles and responsibilities for the acquisition process.
The process for acquiring property will be managed by ATP in consultation with the City through the creation of a Joint Acquisition Team. ATP will attempt to acquire ownership or such other interest in property necessary for the Austin Light Rail project. The City will authorize ATP to act on its behalf to communicate with property owners for the purpose of acquiring property, including following the steps necessary to file a condemnation petition. If necessary, the City may use its condemnation authority to acquire property necessary for the project. The City and ATP will collaborate to identify third-party encroachments, licenses, and other uses that will interfere with construction or operation of the project. The City will determine whether to remove or terminate such uses. Upon completion of construction activities on property acquired by ATP, ATP will transfer property ownership to the City as the City designates and as approved by the Federal Transit Administration, which ATP expects to provide grant funding for the project. ATP will pay all costs associated with the acquisition of any real property or interest therein needed for the project, including costs associated with termination of license agreements, temporary or permanent use of parkland, and hiring of professional service firms and outside legal counsel that will be engaged by the City to acquire real property in the City’s and ATP’s name. Under the interlocal agreement, the City and ATP will develop a written administrative process addressing specific responsibilities for the acquisition process.
This request aligns with the Project Connect Joint Powers Agreement, originally executed in 2021 and amended in 2023, which contemplates future, or supplemental, agreements between the parties to deliver elements of the Project Connect program. This agreement must also be authorized by the ATP Board of Directors and will be considered at their September meeting.