Council approved the eminent-domain authorization for the utility easement at 470 Rio Drive. For the Villa Rio property association, the resolution allows NBU to continue negotiations and, if they fail, start condemnation proceedings over a 0.7402-acre permanent easement.
The City Council item report says NBU needs the easement for the IH 35 Interceptor Upgrade Rio Bar Screen Project, including demolition of the existing bar-screen facility and associated piping and construction of replacement screening, odor-control and piping facilities.
City records say the project is intended to address odor and operating problems, add sewer capacity for current and future growth in the North Kuehler sewer shed, and support reliability. NBU is responsible for the property-acquisition and eminent-domain costs.
What the authorization permits
Before the vote, NBU's trustees recommended acquisition by purchase or eminent domain on Aug. 27, and the draft resolution said negotiations had not secured the easement.
The resolution covers a 0.7402-acre permanent utility easement over, under, upon and across 470 Rio Drive and makes condemnation conditional on unsuccessful negotiations. It also authorizes surveys, environmental testing, title work, appraisals, a bona fide offer and property-access litigation related to the acquisition.