PILLAR: Livable
AGENDA DATE: June 24, 2026
COUNCIL DISTRICT(S): 12
DEPARTMENT: Department of Facilities and Real Estate Management
PRIORITY: N/A
______________________________________________________________________
SUBJECT
Title
Authorize the (1) deposit of the amount awarded by the Special Commissioners in the condemnation proceedings styled City of Dallas v. Delart Investments, Inc., a Texas corporation, et al., Cause No. CC-25-02219-C, pending in Dallas County Court at Law No. 3, to acquire a wastewater easement of a total of approximately 23,058 square feet of land located near the intersection of Preston and Arapaho Roads for the McKamy and Osage Branch Wastewater Interceptor Project; and (2) settlement of the condemnation proceeding for an amount not to exceed the award - Not to exceed $356,688.00, increased from $400,000.00 ($393,312.00, plus closing costs and title expenses not to exceed $6,688.00) to $756,688.00 ($750,000.00, plus closing costs and title expenses not to exceed $6,688.00) - Financing: Wastewater Capital Improvement F Fund ($400,000.00) and Wastewater Construction Fund ($356,688.00)
Body
BACKGROUND
On September 28, 2022, the City Council authorized the acquisition of this property by Resolution No. 22-1441 and on August 28, 2024, the City Council authorized acquisition through the use of condemnation by Resolution No. 24-1216. The property owner was offered $393,312.00, plus closing costs and title expenses not to exceed $6,688.00, which was based on a written appraisal from an independent certified appraiser. The property owner did not accept the offer and the City filed an eminent domain proceeding to acquire the property. After a hearing on June 1, 2026, the Special Commissioners awarded the property owner $750,000.00.
This item authorizes deposit of the amount awarded by the Special Commissioners for the property, which is $350,000.00 more than the City Council originally authorized for this acquisition.
The City has no control over the Special Commissioners appointed by the judge or any award that is subsequently rendered by the Special Commissioners. The City, in order to acquire possession of the property and proceed with its improvements, must deposit the amount awarded by the Special Commissioners in the registry of the Court.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On August 28, 2024, the City Council authorized condemnation for the acquisition of real property of approximately 23,058 square feet of land located in Dallas County for the McKamy and Osage Branch Wastewater Interceptor Project by Resolution No. 24-1216.
On September 28, 2022, the City Council authorized the necessity of acquiring real property and authorizing its purchase for public use of approximately 23,058 square feet of land located in Dallas County for the McKamy and Osage Branch Wastewater Interceptor Project by Resolution No. 22-1441.
FISCAL INFORMATION
|
Fund |
FY 2026 |
FY 2027 |
Future Years |
|
Wastewater Capital Improvement F Fund |
$400,000.00 |
$0.00 |
$0.00 |
|
Wastewater Construction Fund |
$356,688.00 |
$0.00 |
$0.00 |
|
Total |
$756,688.00 |
$0.00 |
$0.00 |
Resolution No. 24-1216 $400,000.00
Additional Amount (this action) $356,688.00
Total Authorized Amount $756,688.00
OWNER/EXECUTIVE
Delart Investments, Inc.
Paul Schachter, President
MAP
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