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 South Side of University Drive (US 380) from Custer Road to Coit Road and South of US 380 Along the West Side of the Creek Adjacent to Future Independence Parkway for Approximately 2000 Feet.
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 easements from property owners, generally indicated on the attached property locator map, for the construction of utility lines generally known as H & K."
ITEM SUMMARY:
· This item provides authority to the 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 a sanitary sewer collection system composed of two lift stations, gravity trunk lines, and force mains, in the following two areas:
o Along the south side of University Drive (US 380) between Custer Road and Coit Road.
o Along the west side of the creek located east of the future alignment of Independence Parkway south of US 380, a distance of approximately 2000 feet.
BACKGROUND INFORMATION:
· The City has entered into a development agreement with DR Horton for the development of a portion of the Custer West project.
· Under the agreement, the developer will construct certain water and wastewater capital 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 easements and to take all necessary steps to acquire property rights in order to construct a sanitary sewer collection system composed of two lift stations, gravity trunk lines, and force mains along a portion of US 380 and near a portion of future Independence Parkway located south of US 380.
· According to preliminary construction plans, the City will need to acquire easements from approximately 21 separate property owners (see attached project locator map).
· 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 developer.
BOARD OR COMMISSION RECOMMENDATION:
· N/A