File #: 19-8758    Version: 1 Name: Resolution: Eminent Domain for public use to acquire easement parcels required for construction of a new City water main from Robinson Road, east to Southeast 4th St
Type: Resolution Status: Adopted
File created: 3/5/2019 In control: Engineering
On agenda: 3/19/2019 Final action: 3/19/2019
Title: Resolution authorizing the use of the power of eminent domain for public use to acquire easement parcels required for construction of a new City water main from Robinson Road, east to Southeast 4th Street
Attachments: 1. EXHIBIT A PROPERTY DESCRIPTIONS.pdf, 2. 618.113 WTER

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Title

Resolution authorizing the use of the power of eminent domain for public use to acquire easement  parcels  required for construction of  a new City water main from Robinson Road, east to Southeast  4th Street

 

Presenter

Gabe Johnson, Director of Public Works

 

Recommended Action

Approve

 

Analysis

Property owners or their authorized representatives have refused to negotiate on the acquisition of these required easements.   In order to maintain project momentum, these parcels must be condemned.

 

This resolution will authorize a specific determination these  parcels are necessary for this public use project as required by Senate Bill 18 passed September 1, 2011, in the event eminent domain action is required.

 

Financial Consideration

All costs for easement acquisition are available and will be paid out of the Water Capital Projects Fund (500592) WO #01811303 (Robinson Rd EST & 30" Water Line)

 

Additional funding  for acquisition of permanent water main easements and temporary construction easements was approved by the Finance and Government Committee on March 5, 2019 and funds were added to this work order number via Council Approval on March 5, 2019 (19-8733).

 

Body

A RESOLUTION DETERMINING THE NECESSITY FOR ACQUISITION FOR PUBLIC USE OF CERTAIN EASEMENT PARCELS REQUIRED FOR THE CONSTRUCTION OF A FRESH WATER MAIN FROM ROBINSON ROAD, EAST TO SE 4TH STREET, WO #01811303; AND AUTHORIZING THE CITY OF GRAND PRAIRIE TO PROCEED WITH EMINENT DOMAIN ACTION

 

WHEREAS, the City Council has determined that the water main construction project  is needed for public use  from Robinson Road, east to Southeast 4th Street;

 

WHEREAS, in connection with the water main construction project, the City has been negotiating for the purchase of certain required easement parcels with the owners thereof; and

 

WHEREAS, the City Council of the City of Grand Prairie desires by this resolution to  authorize the acquisition by purchase or condemnation of the parcels needed for this project; and

 

WHEREAS, the Texas legislature approved and the Governor signed SB No. 18 which added additional requirements for the acquisition of property for public use through eminent domain actions filed on or after September 1, 2011; and

 

WHEREAS, the City of Grand Prairie desires to confirm and ratify the public necessity for the acquisition for public use of all of those certain easement parcels required for this project;

 

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:

 

SECTION 1.                     That it is hereby determined to be in the best interests of the City of Grand Prairie, Texas, and its inhabitants to authorize the use of eminent domain to acquire for public use the easement parcels described in field notes and parcel plats marked “Exhibit A”, attached hereto and made a part hereof.

 

SECTION 2.                     That the City of Grand Prairie, Texas, pursuant to the above described Resolution, is hereby authorized to acquire the required parcels from the respective property owners by purchase or eminent domain, if that becomes necessary.

 

SECTION 3.                     That this resolution shall become effective immediately upon its passage and approval.

                     

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, MARCH 19TH, 2019.