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HomeMy WebLinkAboutResolution 5934-04-2024A Resolution NO.5934-04-2024 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 April 9, 2024, in M&C 24-0285, ordered and decreed that a public necessity existed to acquire 0.0036 acres of land in permanent sanitary sewer easements, from real property Iocated at 3501 5th Avenue in the Silver Lake Addition, an Addition to the City of Fort Worth, Block 21, Lot D, 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 Sanitary Sewer Rehabilitation Contract 118 (the "Project"); - the land rights in the Property are needed for upgrades and repairs to the sewer line facility; - 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 owners, Phon Oeur and Chhon Dith were unsuccessful due the inability to establish ownership for the property interest being acquired by the City of Fort Worth; and WHEREAS, on this 9 h day of April, 2024, at a regular meeting of the Fort Worth City Council, upon Motion of Councilmember Martinez, to wit: "I move that the Fort Worth City Council adopt the resolution authorizing use of the power of eminent domain to acquire 0.0036 acres in permanent sanitary sewer easement from real property owned by Phon Oeur and Chhon Dith. The land rights in the subject property are needed for the Sanitary Sewer Rehabilitation Contract 118 project, a public use that will repair damaged sewer lines, allow better flow within the sewer pipes and help prevent sewer backups. The property is located at located at 3501 5"' Avenue in the Silver Lake Addition, Block 21, Lot D, City of Fort Worth, Tarrant County. 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 Bevins, 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 9t' day of April 2024. ATTEST: Jannette S. Goodall, City Secretary p CPN 102789 SS Rehabilitation Contract 118 - 3501 5th Ave P 20 Condemnation Map Council District 11 a "Location of Boundary p- ,., , .;,, Fanwgrtn is Approximate PP fat ganh tas --o' P20 PSSE _ .0156 Acres YrBGhsM NItM - '"' e -- ....��� {- 0 SS- = Project Site . Fl•'r'�11T1k -��y� )� - P61r L''i1 .-tt;1+l4yq +� S»b Gct n�nwn,se of �ar�5up gy , fee 6ardy6Cfep • Copyrighl 2011 City of Fort Worth. Unauthorized reproduction Is a violailon wend of applicable laws. This product le for informational purposes may not have been prepared for or be suitable for Iege. 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 responaibtlity for the accuracy of sa-d date FORT WORTH City of Fort worth, Mayor and DATE: 04/09/24 Texas Council Communication M&C FILE NUMBER: M&C 24-0285 LOG NAME: 21 CONDEMN 102789 P20 SS CONTRACT 118 PHON OEUR & CHHON D1TH SUBJECT (CD 11) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.0036 Acres in Permanent Sewer Easement from Real Property Owned by Phon Oeur and Chhon Dith, Located at 3501 5th Avenue, Fort Worth, Tarrant County, Texas, for the Sanitary Sewer Rehabilitation Contract 118 Project RECOMMENDATION: It is recommended that the City Council: 1. Declare that negotiations between the City of Fort Worth and the property owner to acquire 0.0036 acres in permanent sanitary sewer facility easement from real property owned by Phon Oeur and Chhon Dith, located at 3501 5th Avenue, in the Silver Lake Addition, Block 21, Lot D, Tarrant County, Texas, were unsuccessful due to the inability to establish ownership; 2. Declare the necessity to acquire the described property interest for the Sanitary Sewer Rehabilitation Contract 118 project (City Project No. 102789); 3. Adopt the attached resolution authorizing the City of Fort Worth 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 property rights in the subject property are needed for the construction, operation, maintenance, replacement, upgrade and repair of the permanent sewer line facility on the Sanitary Sewer Rehabilitation Contract 118 Project as necessary. This rehabilitation project will be for public use to repair damaged sewer lines, allow better flow within the sewer pipes and help prevent sewer backups on L-1457. An independent appraisal established fair market value for the property interest (shown below) in the total amount of $936.00. Negotiations were unsuccessful due to the inability to make contact with the property owner. Upon approval, a condemnation action will be brought and a Special Commissioners' hearing held to acquire the permanent sewer easement interest on the property, Improved Subject Property (Parcel No.11 Legal Description( Acreage / Property Interest IL__?O__JlSilver Lake Addition, Block 21, Lot D, City of Fort Worth, Tarrant County 0.0036 Acres / Permanent Sewer Facility Easement Funding is budgeted in the W&S Capital Projects Fund for the Wastewater Department for the purpose of funding the S S Rehab Contract 118 project, as appropriated. 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 0.0036 acres in permanent sewer easement from real property owned by Phon Oeur and Chhon Dith. The property interest is needed for the Sanitary Sewer Rehabilitation Contract 118 project, a public use proposed future easement that will repair damaged sewer lines, allow better flow within the sewer pipes and help prevent sewer backups be on L-1457. The property rights in the subject property are needed for the construction, operation, maintenance, replacement, upgrade and repair of the permanent sewer line facility as needed. The property is located at 3501 5th Avenue, in the Silver Lake Addition, Block 21. Lot D, Tarrant County, Texas. The property interest to be acquired is described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication." This property is located in COUNCIL DISTRICT 11. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. F15CALINFORMATION 1 CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the W&S Capital Projects Fund for the S S Rehab Contract 118 project to support the approval of the above recommendations and acquisition of the easement. Prior to any expenditure being incurred, the Water and Property Management Departments have the responsibility to validate the availability of funds. Submitted for City Manager's Office bu. Dana Burghdoff 8018 Originating Business Unit Head: Ricardo Salazar 8379 Additional Information Contact: Janice Holmes 6349 Niels Brown 9424