CC MEETING: January 9, 2024
DATE: December 27, 2023
TO: Erin Rinehart, City Manager
FROM: Jonathan Wheat, P.E., Director of Engineering
Marc Guy, Assistant City Manager
Title
Consider A Resolution Declaring The Necessity To Acquire Certain Real Properties For Right-Of-Way And For Drainage Easements For The Duncan Heights NOTICE Reconstruction Project; Determining The Public Use And Necessity For Such Acquisition; Authorizing The Acquisition Of Property Rights Necessary For Said Project; Appointing An Appraiser And Negotiator As Necessary; Authorizing The City Manager Of The City Of Carrollton, Texas To Establish Just Compensation For The Property Rights To Be Acquired; Authorizing The City Manager To Take All Steps Necessary To Acquire The Needed Property Rights In Compliance With All Applicable Laws And Resolutions; And Authorizing The City Attorney To Institute Condemnation Proceedings To Acquire The Property If Purchase Negotiations Are Not Successful.
Body
BACKGROUND:
This resolution will provide authorization to acquire the necessary right-of-way and drainage easements to construct the planned improvements in the Duncan Heights neighborhood. To facilitate the construction of the project, it is necessary for the City to acquire parcels of right-of-way and drainage easements. The specific parcels are identified on the attached location map. As with other similar road construction projects it is not anticipated that all of the easements will require the use of eminent domain to complete the acquisition process. However, staff is recommending advance authorization to pursue acquisition by eminent domain if negotiations with the affected property owners are unsuccessful.
The neighborhood reconstruction project will be split into two separately bid projects. This resolution covers the easements needed for both phases.
This is a NOTICE project. Due to the age of the Duncan Heights neighborhood it is characterized by streets with an existing surface storm sewer system that is being replaced by an enclosed underground system which may require the acquisition of rights-of-way or easements.
FINANCIAL IMPLICATIONS:
There are no financial implications associated with this resolution.
IMPACT ON COMMUNITY SUSTAINABILITY:
This project will support the City Council’s strategic objectives and vision of building a community that families and businesses want to call home by:
- Sustaining quality of life - This project should improve the appearance of the neighborhood and promote residents to provide better upkeep of the properties in one of Carrollton’s oldest neighborhoods.
- Sustaining day-to-day operations - The replacement of substandard infrastructure should reduce the need for non-scheduled or emergency repairs.
STAFF RECOMMENDATION/ACTION DESIRED:
Staff recommends City Council approval of a resolution authorizing the City Manager to take all steps necessary to acquire needed property rights in compliance with all applicable laws, and authorizing the City Attorney to institute condemnation proceedings to acquire the property if purchase negotiations are not successful.