STRATEGIC PRIORITY: Transportation & Infrastructure
AGENDA DATE: November 13, 2024
COUNCIL DISTRICT(S): 4
DEPARTMENT: Water Utilities Department
EXECUTIVE: Dev Rastogi
______________________________________________________________________
SUBJECT
Title
Authorize the second step of acquisition for condemnation by eminent domain to acquire a tract of land containing approximately 43,175 square feet, from Second 55 Venture, LLC, located on Morrell Avenue near its intersection with Sargent Road for the Dallas Floodway Extension Project - Not to exceed $52,120.00 ($48,120.00, plus closing costs and title expenses not to exceed $4,000.00) - Financing: Flood Protection and Storm Drainage Facilities Fund (2006 General Obligation Bond Fund)
Body
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: $261.9M 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 item authorizes the second step of acquisition for condemnation by eminent domain to acquire a tract of land containing approximately 43,175 square feet, from Second 55 Venture, LLC. The property is located on Morrell Avenue near its intersection with Sargent Road and will be used for the Dallas Floodway Extension Project. The consideration is based on an independent appraisal. There are no relocation benefits associated with this acquisition.
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://dallascityhall.com/government/Council%20Meeting%20Documents/msis_5__supplemental-appropriation-in-the-bipartisan-budget-act-of-2018-update-on-flood-risk-management-projects_memo_042219.pdf>
On August 28, 2024, the City Council authorized an acquisition from Second 55 Venture, LLC., of a tract of land containing a total of approximately 43,175 square feet, located on Morrell Avenue near its intersection with Sargent Road for the Dallas Floodway Extension Project, by resolution by Resolution No. 24-1209.
FISCAL INFORMATION
|
Fund |
FY 2025 |
FY 2026 |
Future Years |
|
Flood Protection and Storm Drainage Facilities Fund (2006 General Obligation Bond Fund) |
$52,120.00 |
$0.00 |
$0.00 |
OWNER/EXECUTIVE
Second 55 Venture, LLC
Gareth Sarosi, Manager
MAP
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