STRATEGIC PRIORITY: Sustainable
AGENDA DATE: August 27, 2025
COUNCIL DISTRICT(S): 4
DEPARTMENT: Dallas Water Utilities Department
EXECUTIVE: Dev Rastogi
______________________________________________________________________
SUBJECT
Title
Authorize (1) an increase in the size of the acquisition area; and (2) condemnation by eminent domain of two tracts of land improved with commercial structures and supporting facilities containing a total of approximately 6.7 acres, from Valley Proteins, Inc., Estate of Virginia Cash, as their interest may appear and Estate of Mary Nell Cash, as their interest may appear, located on Pontiac Avenue near its intersection with Cedar Crest Boulevard for the Dallas Floodway Extension Project - Not to exceed $1,230,000.00 ($1,220,000.00 plus closing costs and title expenses not to exceed $10,000.00) - Financing: Trinity River Corridor Fund ($1,220,000.00) and Flood Protection and Storm Drainage Facilities Fund ($10,000.00)
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BACKGROUND
The City of Dallas is the owner and operator of the Dallas Levee System extending from the Elm and West Forks of the Trinity River through the main stem and terminating at Interstate Highway 20. This system is regulated by the U.S. Army Corps of Engineers (USACE). In addition to regulating the Dallas Levee System, the USACE and City have been cost participating in two separate federal projects to improve the public safety of the residents and businesses that are served by this system. The City is required to own, in fee simple, all parcels related to the Dallas Levee System.
In July 2018, the Dallas Levee System flood risk management projects included in the Modified Dallas Floodway Project (DF) and the Dallas Floodway Extension (DFE) were authorized for funding under the Supplemental Appropriation in the Bipartisan Budget Act of 2018- Public Law 115-123 (PL-115-123). This information has been presented to the City Council and provided in memorandum to the City Council at major milestones since the notification by the USACE. All work associated with the design and construction of these improvements is being performed by USACE with the City serving as a technical advisor and client. An overview of the projects, federal funding and associated local requirements included in PL-115-123 are as follows:
- DFE: Up to $135.25M for Lamar Levee and Cadillac Heights Levee
- The City is obligated to expend funds to complete necessary real estate activities such as acquisition, relocation and environmental remediation and public utility relocation; acquisition funds are potentially eligible for reimbursement in the future.
- DF: $457.7M for approved flood risk management such as levee raises and flattening, removal of ATSF Bridge, Trinity Portland Pump Station, Charlie Pump Station, Delta Pump Station Rehabilitation, Hampton Pump Station and Nobles Sump Improvements.
- The City is obligated to expend funds on 35 percent of the design and construction and environmental remediation and public utility relocation; the real estate funds are credits against the cost share for the project.
This acquisition is for a property necessary for the construction of the Cadillac Levee as part of the Dallas Floodway Extension Project.
On January 26, 2022, the City Council authorized the acquisition of this property, by Resolution No. 22-0253. The property owner was offered $1,073,309.00.00, which was based on a written appraisal from an independent certified appraiser. The property owner did not accept the offer. On April 13, 2022, the City Council authorized a condemnation proceeding, by Resolution No. 22-0591 and the City filed an eminent domain proceeding to acquire the property.
This item authorizes an increase in the size of the acquisition area and the second step of acquisition for condemnation by eminent domain to acquire two tracts of land improved with commercial structures and supporting facilities containing a total of approximately 6.7 acres. An offer was presented to the property owner on July 22, 2025, reflecting the appraised value of $1,220,000.00 and the City’s offer was declined. Negotiations between the City and the property owner are ongoing and to date, no amicable agreement has been reached.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On August 12, 2015, the City Council authorized reprograming the remaining bond funds from the 1998 Bond Proposition 11 from the Trinity Lakes and Trinity Parkway to other flood control improvement consistent with the bond proposition approved by the voters, by Resolution No. 15-1486.
The Mobility Solutions, Infrastructure and Sustainability Committee was briefed by memorandum regarding the projects and requirements related to the US Army Corps of Engineers Supplemental Bi- Partisan Budget Act of 2018 (PL 115-123) on April 19, 2019. <https://cityofdallas.legistar.com/View.ashx?M=AO&ID=164957&GUID=242afd7d-4c29-43e4-a1ac-2031edec020b&N=SXRlbSA1IFN1cHBsZW1lbnRhbCBBcHByb3ByaWF0aW9ucyBpbiB0aGUgQmlwYXJ0aXNhbiBCdWRnZXQgQWN0IG9mIDIwMTggVXBkYXRlIE1lbW9yYW5kdW0ucGRm>
On January 26, 2022, the City Council authorized acquisition from Valley Proteins, Inc., Estate of Virginia Cash, as their interest may appear and Estate of Mary Nell Cash, as their interest may appear of two tracts of land containing approximately 182,530 square feet, improved with commercial structures and supporting facilities, located on Pontiac Avenue near its intersection with Cedar Crest Boulevard for the Dallas Floodway Extension Project, by Resolution No. 22-0253.
On April 13, 2022, the City Council authorized the second step of acquisition for condemnation by eminent domain to acquire two tracts of land improved with commercial structures and supporting facilities containing approximately 182,530 square feet, from Valley Proteins, Inc., Estate of Virginia Cash, as their interest may appear and Estate of Mary Nell Cash, as their interest may appear, located on Pontiac Avenue near its intersection with Cedar Crest Boulevard for the Dallas Floodway Extension Project, by Resolution No. 22-0591.
FISCAL INFORMATION
|
Fund |
FY 2025 |
FY 2026 |
Future Years |
|
Trinity River Corridor Fund |
$1,220,000.00 |
$0.00 |
$0.00 |
|
Flood Protection and Storm Drainage Facilities Fund |
$ 10,000.00 |
$0.00 |
$0.00 |
|
Total |
$1,230,000.00 |
$0.00 |
$0.00 |
Resolution No. 22-0253 $1,081,309.00
Resolution No. 22-0591 $1,081,309.00
Additional Amount (this action) $ 146,691.00
Additional Closing Cost (this action) $ 2,000.00
Total Authorized Amount $1,230,000.00
OWNER/EXECUTIVE
Valley Proteins Inc.
Tom Molini, Vice President East Texas Region
MAP
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