From
Dwayne Tyner
Title
Resolution authorizing the use, by the power of eminent domain for public use to acquire utility easement parcels, needed for the relocation of City water and sewer lines on the IH 30 frontage road construction by the Texas Department of Transportation
Presenter
Romin Khavari, City Engineer, Bill Crolley, Director of Planning and Development and Ron McCuller, Public Works Director
Recommended Action
Approve
Analysis
Property owners or their authorized representatives have refused to negotiate on the acquisition of required right of way. In order to maintain project momentum, certain easement parcels must be condemned (see aerial map Exhibit B attached).
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
Funding for the acquisition of these parcels will be funded from Water Capital Projects Fund (500592) WO #01509103 (I-30 Service Roads WTER) and Wastewater Capital Projects Fund (500692) WO #01510501(I-30 Service Roads WWST).
Body
A RESOLUTION DETERMINING THE NECESSITY FOR ACQUISITION FOR PUBLIC USE OF CERTAIN EASEMENT PARCELS NEEDED FOR THE RELOCATION OF CITY WATER AND SEWER LINES REQUIRED FOR THE EAST BOUND IH 30 FRONTAGE ROAD PROJECT , CITY WO #615.91 AND WO# 615.05; AND AUTHORIZING THE CITY OF GRAND PRAIRIE TO PROCEED WITH EMINENT DOMAIN ACTION
WHEREAS, the City Council has determined that utility easements are needed for public use to relocate City water and sewer lines required to be relocated because of the construction of frontage roads by the Texas Department of Transportation (TxDOT) on east the bound side of IH 30;
WHEREAS, in connection with the IH 30 frontage road construction project by TxDOT, the City has been negotiating for the purchase of certain needed 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 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 utility 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, ON THIS THE 19TH DAY OF APRIL, 2016.