AGENDA CAPTION:
Title
Consider approval of Resolution 2025-89R, accepting the award of special commissioners in the amount of $408,500.00 in Cause No. 24CV-07636, Caldwell County Court at Law, in connection with the city’s acquisition of a water line, wastewater line, and recycled water line easement and right-of-way along State Highway 80 between Old Bastrop Road and FM 110 from Mary Beth Harper a/k/a/ Mary Nance Harper, individually and as independent executor of the estate of Ray Stewart Harper, and Jaime Lynn Harper; authorizing the city’s legal counsel to deposit such amount in the registry of the court and to pay associated costs on behalf of the city; and declaring an effective date.
Body
Meeting date: May 20, 2025
Department: Engineering & CIP
Amount & Source of Funding
Funds Required: $408,500.00
Account Number: C555
Funds Available: Yes
Account Name: Hwy 80 Lift St and 10-Inch Force Main
Fiscal Note:
Prior Council Action: Resolution 2024-83R authorizing the use of power of eminent domain.
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Background Information:
Based on the award of special commissioners in a condemnation proceeding, we request authorization for city to pay the landowner $408,500.00 for easement that is required for water, wastewater, and recycled water improvements.
To provide additional wastewater collection system capacity and alleviate surcharges in the existing wastewater infrastructure, a new lift station and force main are needed to convey wastewater flows from the northeast side of town to the wastewater treatment plant. Water transmission and recycled water transmission improvements are also necessary for this part of the system and will be placed in the same easement and therefore, the city found that a public necessity exists, and it is convenient to acquire 3.004 acres, more or less, for a water, wastewater, and recycled water line easement and right-of-way for the installation and perpetual operation of the improvements. The owner of the property from which the easement must be taken is Mary Beth Harper a/k/a Mary Nance Harper, individually and as Independent Executor of the Estate of Ray Stweart Harper, and Jaime Lynn Harper.
Pursuant to Section 251.001 of the TEXAS LOCAL GOVERNMENT CODE and Section 2.02 of the City’s Home Rule Charter, the City is authorized and empowered to acquire an interest in land to, among other things, locate, construct, utilize, operate, maintain and provide reliable and continuous electric, water, and other utility services to its residents. In the furtherance of said duty and to serve the public, the City Council and staff conducted investigations and made determinations that acquisition of wastewater line easements for installation of wastewater lines that are necessary to serve the interest of the public. Accordingly, the city council also authorized staff to pursue acquisition of these interests through the city’s power of eminent domain and to file a petition to condemn such interests if necessary.
Pursuant to the filing of a petition by the city to acquire such interests a panel of special commissioners was appointed for purposes of conducting a hearing to determine the value of the easement and right-of-way interests sought by the city.
On February 28, 2025, the special commissioners conducted a hearing and made a finding as to the value of the real property interest to be paid as just compensation to the owner of $408,500.00. This value is equal to the City’s appraised value and therefore city staff recommends accepting this award.
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Recommendation:
Staff recommends approval of this item.