Title
Consider/Discuss/Act on a Resolution Authorizing the Execution of Documents for the Acquisition of Easements and the Consideration of the Use of Eminent Domain to Condemn Property for the Construction of Utility Lines Along the West Side of SH 5 (McDonald Street) from FM 543 North to Approximately CR 275 and in an Area Located to the West of the Dallas Area Rapid Transit (DART) Right-of-Way Approximately 1600 Feet North and 3800 Feet East of the Intersection of SH 5 and FM 543
Summary
MEETING DATE: February 17, 2015
DEPARTMENT: Development Services/Engineering
CONTACT: Mark Hines, 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 easements from property owners, generally indicated on the attached property locator map, for the construction of utility lines generally known as the SH 5 Off-Site 36" Water Main, the Willow Wood Off-Site Sanitary Sewer and the Willow Wood Off-Site Water Line."
ITEM SUMMARY:
· This item provides authority to the Interim City Manager to execute documents for the acquisition of utility easements (UE) and temporary construction easements (TCE); and the use of eminent domain to condemn property to complete the construction of an off-site 36" water main, off-site water line and off-site sanitary sewer line, in the following two areas:
o 36" water main - located along the west side of SH 5 between FM 543 and the NWC of SH 5 and CR 275.
o An approximate 150' water line and approximate 525' sanitary sewer line - located approximately 1600 feet north of FM 543 and 3800 feet east of SH 5 In the vicinity of the DART Right-of-Way.
BACKGROUND INFORMATION:
· The City has entered into a development agreement with PCB Properties, LLC (Owner) for the development of The Estates of Willow Wood.
· Under the agreement, the Owner will construct certain water and wastewater capital improvements.
· In accordance with the agreement:
1. The Owner 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, the Owner agrees to pay the City for all costs associated with acquiring those interests for public use.
· This agenda item provides authority to the Interim City Manager to execute documents for the acquisition of easements and to take all necessary steps to acquire property rights in order to construct off-site utilities composed of a water main, water line and sanitary sewer line indicated in the areas shown on the project locator map.
· According to preliminary construction plans, the project requires the acquisition of easements from 5 separate property owners.
· The City has acquired the necessary easements from 2 of the 5 property owners.
· The City has reached an impasse with the remaining property owners regarding the easement acquisitions.
· 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 the condemnation proceeding may be adopted for all units (parcels) of property to be condemned for a utility line from point to point, along a general area/route without identifying a list of specific parcels.
o 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.
FINANCIAL SUMMARY:
· Per the development agreement, funds for the acquisition of easements will be provided for by the Owner.
BOARD OR COMMISSION RECOMMENDATION:
· N/A