HomeMy WebLinkAboutResolution 5714-02-2023 A Resolution
NO. 5714-02-2023
A RESOLUTION DETERMINING THE NECESSITY FOR ACQUIRING REAL
PROPERTY AND AUTHORIZING ITS APPROPRIATION OR
CONDEMNATION FOR PUBLIC USE
WHEREAS, the Fort Worth City Council on February 28, 2023, in M&C 23-0160, ordered and
decreed that a public necessity existed to acquire 0.9590 acres in permanent water facility easement and
0.9413 acres in temporary easement from real property located at 1 Live Oak Place in the Walter Houston
Survey, Abstract No. 719, Tract 7A, Tarrant County, Texas, as described in the exhibits attached to the
above-referenced M&C; those exhibits are incorporated herein for all purposes (the "Property");
WHEREAS, the Fort Worth City Council has determined that:
- the Property is needed for Westside III Water Transmission Main project (the "Project");
- the land rights in the Property are needed for the continuation of water line improvements;
- public necessity required the acquisition by condemnation of the Property, located within the
alignment of the Project;
- the use of the Property will be a public use; and
- the Real Estate Division of the Property Management Department is authorized to acquire by
negotiation the Property needed for the Project.
WHEREAS, negotiations between the City of Fort Worth and the property owner, the Bourke C.
Harvey Irrevocable Trust(2012), were unsuccessful due the inability to negotiate agreeable terms for the
property interests being acquired by the City of Fort Worth; and
WHEREAS, on this 281h day of February, 2023, at a regular meeting of the Fort Worth City
Council, upon Motion of Councilmember Crain,to wit:
"I move that the Fort Worth City Council adopt the resolution authorizing use of the power of
eminent domain to acquire 0.9590 acres in permanent water facility easement and 0.9413 acres in
temporary construction easement from real property owned by the Bourke C. Harvey Irrevocable Trust
(2012). The property is located at 1 Live Oak Place in the Walter Houston Survey, Abstract No. 719,
Tract 7A, Tarrant County, Texas. The land rights in the subject property are needed for the Westside III
Water Transmission Main project, a public use that will provide water from the Westside Water
Treatment Plant (Old Weatherford Road) to the south side of Interstate 20 (just west of Markum Ranch
Road). The land rights in the subject property are needed for the continuation of the water line. The
property interest to be acquired is described by metes and bounds and depicted by survey exhibits
attached to this Mayor and Council Communication."
Seconded by Councilmember Blaylock,duly put and carried: RESOLUTION.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS THAT:
The City of Fort Worth, Texas, is authorized to use the power of eminent domain to acquire the
Property for the public use and inclusion in the Project; and
The City Attorney be and is hereby authorized and directed to file or cause to be filed, to spend all
reasonable and necessary legal expenses, and to carry through to final judgment proceedings in eminent
domain for the acquisition of the property interest listed above and attached to the M&C.
Adopted this 281h day of February, 2023.
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Jannette S. Goodall, City Secretary �v o o id
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021 PMD102688 PWFE 6 & TICE 21 CONDEMNATION MAP
Westside III Water Transmission Main
ETJ/Tarrant County - CD 3
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*LOCATION OF BOUNDARY IS APPROXIMATE.
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TCE P21 =0.9413 Acres
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Copyright 2017 City of Fort Worth.Unauthorized reproduction is a violation of applicable laws.This product is for informational purposes and may not have been prepared for or be
suitable for legal,engineering,or surveying purposes.It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries.
The City of Fort Worth assumes no responsibility for the accuracy of said data.
FORT WORTH®
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 02/28/23 M&C FILE NUMBER: M&C 23-0160
LOG NAME: 21CONDEMN 102688 P6&P21 HARVEY
SUBJECT
(ETJ near CD 3/Future CD 3)Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.9590 Acres in Permanent Water
Facility Easement and 0.9413 Acres in Temporary Construction Easement from Real Property Owned by the Bourke C.Harvey Irrevocable Trust
(2012), Located at 1 Live Oak Place in the Walter Houston Survey,Abstract No.719,Tract 7A,Tarrant County,Texas,for the Westside III Water
Transmission Main Project
RECOMMENDATION:
It is recommended that the City Council:
1. Declare that negotiations between the City and the property owner to acquire 0.9590 acres in permanent water facility easement and 0.9413
acres in temporary construction easement from real property owned by the Bourke C.Harvey Irrevocable Trust(2012),located at 1 Live Oak
Place in the Walter Houston Survey,Abstract No. 719,Tract 7A,Tarrant County,Texas,were unsuccessful due to the inability to negotiate
agreeable terms for the property interest being acquired by the City;
2. Declare the necessity to acquire the described property interest for the Westside III Water Transmission Main Improvements project(City
Project No. 102688);
3. Adopt the attached resolution authorizing the City to use its power of eminent domain to acquire the property for public use;
4. Authorize the City Attorney to institute condemnation by eminent domain proceedings to acquire the described property interest from the
property owner;
5. Authorize a payment pursuant to an award of commissioners or a negotiated settlement;and
6. Authorize the City Manager or his designee to accept and record the appropriate instruments.
DISCUSSION:
The land rights in the subject property are needed for the Westside III Water Transmission Main project,a public use project that will deliver water
from the Westside Water Treatment Plant(Old Weatherford Road)to the south side of Interstate 20(just west of Markum Ranch Road)
An independent appraisal established fair market value for the property interest in the total amount of$99,007.00.Negotiations were unsuccessful
due to the inability to negotiate agreeable terms for the property interest being acquired by the City.
Upon approval, a condemnation action will be brought and a Special Commissioners'hearing held to acquire the property interest(shown
below)on the property.
Parcel Legal Descrip Acreage/Property
tion V
No. 11 Interest
6- 1 Live Oak Place,Walter Houston 0.9590 Acres/Permanent
PWFE Survey,Abstract No.719,Tract 7A Water Facility Easement
I
1 Live Oak Place,Walter Houston
21- Survey, 0.9413 Acres/Temporary
TCE Construction Easement
j Abstract No.719,Tract 7A
To approve this Mayor and Council Communication (M&C),the Council Member making a motion to authorize condemnation by eminent domain
should say:
"I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent domain to acquire 0.9590 acres in permanent
water facility easement and 0.9413 acres in temporary construction easement from real property owned by the Bourke C.Harvey Irrevocable Trust
(2012), located at 1 Live Oak Place in the Walter Houston Survey,Abstract No.719,Tract 7A,Tarrant County,Texas. The property is needed for
the Westside III Water Transmission Main project,a public use that will provide water from the Westside Water Treatment Plant(Old Weatherford
Road)to the south side of Interstate 20(just west of Markum Ranch Road). The land rights in the subject property are needed for the continuation
of water line improvements. The property interest to be acquired is described by metes and bounds and depicted by survey exhibits attached to
this Mayor and Council Communication."
Funding for Westside III 30-Inch Water Transmission Main is depicted below:
Fund Existing Appropriations Additional Appropriations;Project—Total*
W&S Rev Bonds Series 2021 -Fund 560101 $2,845,105.00L — $$0$2,845,105.00
Project Total $2,845,105.00� $ 00$0$2,845,105.00
'Numbers rounded for presentation purposes.
This project is anticipated to be included in a future revenue bond issue for the Water&Sewer Fund.Available cash within the Water and Sewer
portfolio and the City's portfolio along with the appropriation authority authorized under the Callable Commercial Paper Program(CP)will be used
to provide interim financing for this project until debt is issued.To the extent resources other than the Water and Sewer portfolio are used to
provide interim financing,the Water&Sewer Fund will be charged interest that is equivalent to the overall rate of return being earned by the City
portfolio(currently approximately 2.3 percent annually). Should the City's portfolio not support the liquidity needed to provide an interim short-term
financing source,another funding source will be required,which could mean issuance of securities under the CP Program or earlier issuance of
Water and Sewer revenue bonds than is currently planned. Once debt associated with this project is sold, bond proceeds will be used to reimburse
the Water and Sewer portfolio and the City's portfolio in accordance with the attached reimbursement resolution.
The City Council approved the Water Department's Fiscal Year 2020-2024 Five-Year Capital Improvement Plan on September 17,2019.This City
Council approved plan includes this specific project,with funding identified through the CP program to be reimbursed with future revenue bonds. In
accordance with the provisions of the Financial Management Policy Statements,staff anticipates presenting revenue-supported debt issuances to
the City Council for consideration within the next three years.This debt must be issued within approximately three years to provide reimbursement
for these expenses. If that does not occur,the costs will no longer be reimbursable by issuing tax-exempt debt and the funding source will have to
be made whole through other budgetary methods.Adoption of this resolution does not obligate the City to sell bonds,but preserves the ability to
reimburse the City from tax-exempt bond proceeds.
This property is located in the City's ETJ near COUNCIL DISTRICT 3(FUTURE COUNCIL DISTRICT 3).
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION I CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the W&S Rev Bonds Series
2021 Fund for the WS Treatment Plant 11130"WTM project to support the approval of the above recommendations. Prior to any expenditure being
incurred,the Water Department has the responsibility to validate the availability of funds.
Submitted for Cily Managers Office bk Dana Burghdoff 8018
Originating Business Unit Head: Steve Cooke 5134
Ricky Salazar 8379
Additional Information Contact: Niels Brown 5166
Jeremy Van Rite 2574