From
Dwayne Tyner
Title
Resolution authorizing the use, by the power of eminent domain for public use to acquire easement parcels, located on the West Tarrant Road at Arbor Creek drainage improvement project
Presenter
Romin Khavari, City Engineer and Steve Norwood, Director of Planning and Development
Recommended Action
Approve
Analysis
Property owners or their authorized representatives have refused to negotiate on the acquisition of required drainage and slope easement parcels. In order to maintain project momentum, these parcels must be condemned.
This resolution will authorize a specific determination that 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 is available and will be paid out of Storm Drainage Capital Projects Fund (401592) WO #01204501-03 (Arbor Creek at Tarrant Rd)
Body
A RESOLUTION DETERMINING THE NECESSITY FOR ACQUISITION FOR PUBLIC USE OF CERTAIN RIGHT OF WAY PARCELS NEEDED FOR THE WEST TARRANT ROAD AT ARBOR CREEK DRAINAGE IMPROVEMENT PROJECT, WO #01204501-03; AND AUTHORIZING THE CITY OF GRAND PRAIRIE TO PROCEED WITH EMINENT DOMAIN ACTION
WHEREAS, the City Council has determined that the West Tarrant Road at Arbor Creek project is needed for public use for drainage, paving and utility improvement;
WHEREAS, in connection with the West Tarrant Road project the City has been negotiating for the purchase of certain needed slope easement and drainage easement parcels with the owner 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 needed 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 owner 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, DECEMBER 12TH, 2017.