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File #: 18-8258    Version: 1 Name: Authorize settlement in lieu of proceeding further with condemnation in the condemnation suit styled City of Grand Prairie v. National Electrical Contractors Associations, Inc.
Type: Agenda Item Status: Consent Agenda
File created: 9/6/2018 In control: City Attorney
On agenda: 9/18/2018 Final action: 9/18/2018
Title: Authorize settlement in lieu of proceeding further with condemnation in the condemnation suit styled City of Grand Prairie v. National Electrical Contractors Association, Inc., pending in Dallas County Court at Law, Cause No. CC-16-04234-D, for acquisition from National Electrical Contractors Association, Inc. of approximately 0.1569 acre parcel land for right-of-way located in Dallas County, Texas for the Tarrant Road Extension Project for a total settlement amount of $162,440, plus closing costs and title expenses
Attachments: 1. 18-8258 WO615.91.pdf, 2. 18-8258 WO615.105.pdf, 3. 18-8258 WO618.119.pdf

From

Megan Mahan, City Attorney

 

Title

Authorize settlement in lieu of proceeding further with condemnation in the condemnation suit styled City of Grand Prairie v. National Electrical Contractors Association, Inc., pending in Dallas County Court at Law, Cause No. CC-16-04234-D, for acquisition from National Electrical Contractors Association, Inc. of approximately 0.1569 acre parcel land for right-of-way located in Dallas County, Texas for the Tarrant Road Extension Project for a total settlement amount of $162,440, plus closing costs and title expenses

 

Presenter

Megan Mahan, City Attorney

 

Recommended Action

Approve

 

Analysis

This project and parcel was approved for acquisition by condemnation on the April 5, 2016, City Council Agenda (File ID 16-5505).  The City attempted first to negotiate with National Electrical Contractors Association, Inc. (NECA) but was unsuccessful. The City filed a condemnation proceeding and during the pendency of the lawsuit, the City and NECA went to mediation. During mediation, the City and NEC negotiated this settlement.

 

The City will pay all title insurance expenses and closing costs.

 

Financial Consideration

Funding in the approximate total amount of $168,000 is available as follows:

 

1. $61,461 was deposited with the Dallas County District Clerk  for this pending condemnation case on November 9, 2016.

 

Remaining funds in the estimated amount of $106,539 is available as follows:

 

2. $63,270 is available in Wastewater Capital Projects Fund (500692) WO#01510501 (I-30 Service Roads WWST)

3. $24,285 is available in Water Capital Projects Fund (500592) WO#01509103 (I-30 Service Roads WTER)

4. $18,984 is available in Water Capital Projects Fund (500592) WO# 01811903 (I-30 Service Road Water Lines for I-30)