Title
Consider/Discuss/Act on a Resolution Authorizing the Execution of Documents for the Acquisition of Right-of-Way/Easements and the Consideration of the Use of Eminent Domain to Condemn Property for the Construction of a Portion of Virginia Parkway Commencing East of Rose Garden Estates then West Past Independence Parkway and the Construction of a Portion of Future Independence Parkway North of Virginia Parkway Including Associated Utilities
Summary
MEETING DATE: May 1, 2012
DEPARTMENT: Development Services/Engineering
CONTACT: Jack Carr, PE, Director of Engineering
RECOMMENDED CITY COUNCIL ACTION:
· Approval of Resolution using a motion in a form substantially similar to the following:
"I move that we approve this item as written and authorize the use of the power of eminent domain to acquire all necessary right-of-way and easements from property owners, labeled 1 through 3, indicated on the attached property locator map for the construction of a portion of Virginia Parkway and a portion of Independence Parkway, including associated utilities."
ITEM SUMMARY:
· This item provides authority to the City Manager to execute documents for the acquisition of right-of-way (ROW), drainage easement (DE), gas pipeline easement (GPE), and temporary construction easements (TCE); and the use of eminent domain to condemn property to complete the construction of the following two sections of roadway and associated utilities as follows:
o A portion of Virginia Parkway between a point east of Rose Garden Estates and a point west of Independence Parkway.
o A portion of Independence Parkway located north of Virginia Parkway.
BACKGROUND INFORMATION:
· The City has entered into a development agreement with DR Horton for the development of a potion of the Custer West project.
· Under the agreement, the developer will construct specific arterial roadways, including a portion of Virginia Parkway and a portion of Independence Parkway, as well as certain water and wastewater improvements.
· In accordance with the agreement:
1. Developer shall fund the City's acquisition of certain sites and improvements should the City elect to conduct the acquisition of the land rights necessary for the construction of the requisite facilities.
2. In the event the City elects to acquire any property interests through eminent domain, developer agrees to reimburse the City for all costs associated with acquiring those interests for public use.
· This agenda item provides authority to the City Manager to execute documents for the acquisition of the right-of-way and easements and to take all necessary steps to acquire property rights in order to construct a portion of Virginia Parkway and Independence Parkway, including associated utilities.
· According to preliminary construction plans, the City will need to acquire the estimated right-of-way and easements from the following property owners (see attached exhibit):
1. Rodolfo B. Mora and Margarita J. Mora: (Virginia Pkwy.) 0.283 acres ROW;
2. Daron L. Pace and Avalyn Pace (Virginia Pkwy. and Independence Pkwy.) 0.333 acres ROW;
3. Locke Jayne Deur Burns et al: (Virginia Pkwy. and Independence Pkwy.) 3.837 acres ROW, 0.633 acres GPE, 0.411 acres, TCE 0.688 acres, TCE, 0.010 acres DE with a 0.021 acres TCE.
· As previously presented to Council, Senate Bill 18 (SB 18) was passed into law during the Texas 82nd Regular Legislative Session and became effective September 1, 2011. The Bill will have the following impacts on negotiations and the eminent domain practices of the City:
o The Truth in Condemnation Procedures Act states that a governmental entity must authorize the initiation of a condemnation proceeding at a public meeting and must be approved by a record vote.
o The Act also requires the governmental entity to include in the notice for the public meeting, "the consideration of the use of eminent domain to condemn property" as an agenda item.
o Under the Act, a single ordinance or resolution authorizing the initiation of a condemnation proceeding may be adopted for all units (parcels) of property to be condemned, if:
1. The required motion (as provided above) indicates that the first record vote applies to all units of property to be condemned. If action is taken as a single vote the minutes of the meeting must reflect that the first vote applies to all units.
2. If no more than one member of the City Council objects to adopting a single ordinance or resolution by a record vote, a separate record vote must be taken for each unit of property.
3. For purposes of a separate record vote, should two or more units of real property be owned by the same person, the City may treat those properties as one unit.
FINANCIAL SUMMARY:
· Per the development agreement, funds for the right-of-way and easement acquisitions will be provided for by the developer.
BOARD OR COMMISSION RECOMMENDATION:
· N/A