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HomeMy WebLinkAboutResolution 5980-06-2024A Resolution NO.5980-06-2024 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 June 25, 2024, in M&C 24-0575, ordered and decreed that a public necessity existed to acquire .006 acres in permanent sewer facility easements from real property located at 2317 Emily Dr in the Forty Oaks Addition, Block 1, Lot 4, 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 100 (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 owner, Monica Martinez, 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 25 h day of June 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 .006 acres in permanent sewer facility easements from real property owned by Adriel Barraza Herrera & Maria De La Luz Marin Silva. The property is needed for the Sanitary Sewer Rehabilitation Contract 90 Part 2 Project, a public use that will upgrade and repair the permanent sewer line facility. The land rights in the subject property are needed for the construction, operation, maintenance and replacement of the sewer facility improvements as necessary. The property is located at 2317 Emily Dr in the Forty Oaks Addition, Block 1, Lots 4, Tarrant County, Texas. The property interests to be acquired are described by metes and bounds and depicted by survey exhibits attached to this Mayor and Council Communication." Seconded by Councilmember Beek, 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 25' day of June 2024. ATTEST: By: Jannette S. Goodall, City Secretary 00 �® 0000 0aa� ° y OO °o �� ° ° O $j woo°o .+ V O O OY Y 0 00000000 OO O 10 iA " MAYOR AND COUNCIL COMMUNICATION MAP COUNCIL DISTRICT 11 2317 EMILY DRIVE - CFW PROJECT NO. CO2382-2 r . -A "'LT Q'V'&x,Uu uFUAmLITATTON CONTRACT 90 PART 2 City of Fort Worth, Texas Mayor and Council Communication DATE: 06/25/24 M&C FILE NUMBER: M&C 24-0575 LOG NAME: 21CCNDEMN CO2382 P13 HERRERA & SILVA SUBJECT (CD 11) Adopt Resolution Authorizing Condemnation by Eminent Domain to Acquire 0.006 Acres in Permanent Sewer Easement from Real Property Owned by Jorge Addel Barraza Herrera and Maria De La Luz Marin Silva, Located at 2317 Emily Dr. in the Forty Oaks Addition, Block 1, Lot 4, Tarrant County, Texas, forthe Sanitary Sewer Rehabilitation Contract 90 Part 2 Project RECOMMENDATION: It is recommended that the City Council: 1. Declare that negotiations between the City and the property owner to acquire 0.006 acres in permanent sewer easement from real property owned by Jorge Addel Barraza Herrera & Maria De La Luz Mann Silva, located at 2317 Emily Dr in the Forty Oaks Addition, Block 1, Lot 4, Tarrant County, Texas, were unsuccessful due to the inability to negotiate agreeable terms for the property interests being acquired by the City; 2. Declare the necessity to acquire the described property interest for the Sanitary Sewer Rehabilitation Contract 90 Part 2 project (City Project No. CO2382); 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 90 Part 2 project as necessary. This rehabilitation project will be for public use to repair deteriorated sewer lines, allow better flow within the sewer pipes and help prevent sewer backups between Station 2+17 and Station 2+77 on L-3824. An independent appraisal established fair market value for the property interests (shown below) in the total amount of $618.00. Negotiations were unsuccessful due to the inability to negotiate agreeable terms for the property interests being acquired by the City. Upon approval, a condemnation action will be brought and a Special Commissioners' hearing held to acquire the permanent sewer easement interests on the property. Improved Subiect Property (Parcel No. I Legal Description Acreage 1 Property Interest 13 2317 Emily Drive, Forty Oaks Addition, Block 1, Lot 4 0.006 Acres 1 Permanent Sewer Facility Easement Funding is budgeted in the W&S Capital Projects Fund for the Wastewater Department for the purpose of funding the SS Rehab. Contract 90, Part 2 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 eminent domain to acquire 0.006 acres in permanent sewer facility easement from real property owned by Jorge Addel Barraza Herrera & Maria De La Luz Marin Silva. The property is needed for the Sanitary Sewer Rehabilitation Contract 100 project, a public use that will upgrade and repair the permanent sewer line facility. The land rights in the subject property are needed for the construction, operation, maintenance and replacement of the sewer facility improvements as necessary. The property is located at 2317 Emily Dr in the Forty Oaks Addition, Block 1, Lot 4, 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. FISCAL. INFORMATION ! 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 SS Rehab. Contract 90 Part 2 project to support the approval of the above recommendations and acquisition of easements. 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 W Dana Burghdoff 8018 Originating Business Unit Head: Marilyn Marvin 7708 Additional Information Contact Ricardo Salazar 8379 Armando Calva 2570