Item 77 — Thursday, September 24, 2026
In plain language — from agenda source text
Austin Energy needs an 861-square-foot slice of a property at 1008 East 38 1/2 Street to relocate transmission structures along Circuits 823, 834 and 835, which cross I-35 near East 38 1/2 and Dean Keeton streets. The moves clear the way for TxDOT's I-35 Capital Express expansion, and this resolution authorizes eminent domain proceedings if the city and the two owners don't reach a deal. The permanent electric easement is appraised at $69,526, available in Austin Energy's capital budget, though the final figure could rise through updated appraisals, a settlement, a Special Commissioner's award or a judgment.
Current official agenda wording
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 0.0198 of one acre (861 square foot) easement, out of Outlots 20 and 21, Division “C”, City of Austin, Travis County, Texas, being a portion of Lot 6, Block 2, Resubdivision of Block 5 Plainview Heights, a subdivision of record in Book 4, Page 53, Plat Records, Travis County, Texas, said Lot 6 conveyed to Sean H. Nayebi-Oskoui, an unmarried person, and Michael N. Nayebi-Oskoui, an unmarried person, by Warranty Deed with Vendor’s Lien dated June 5, 2024, as recorded in Document Number 2024062333, Official Public Records, Travis County, Texas, currently appraised at $69,526 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 Sean H. Nayebi-Oskoui and Michael N. Nayebi-Oskoui. The property is located at 1008 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: $69,526 is available in the Capital Budget of Austin Energy.
"without objection. Item 74, 75, 76, 77, and 78 are adopted with Council Member Qadri being shown voting no on Item 74, 75, 76, and 77" — meeting transcript (unofficial)