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 a tract of vacant land containing approximately 545,477 square feet from domain from Barbara Ann Ondrusek and Wolfe Timpy Kay Ondrusek; Independent Executrix of The Estate of Joseph C. Ondrusek, located on East 11th Street near its intersection with Cedar Crest Boulevard for the Dallas Floodway Extension Project - Not to exceed $2,743,400.00, increased from $502,034.00 to $3,245,434.00 ($2,727,400.00, plus closing costs and title expenses not to exceed $16,000.00) - Financing: Flood Protection and Storm Drainage Facilities Fund (2006 General Obligation Bond Funds)
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
- 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.
- 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 December 08, 2021, the City Council authorized the acquisition of this property, by Resolution No. 21-2004. The property owner was offered $497,034.00, which was based on a written appraisal from an independent certified appraiser. The property owner did not accept the offer. On January 26, 2022, the City Council authorized a condemnation proceeding, by Resolution No. 22-0259 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 condemnation by eminent domain to acquire approximately 545,477 square feet of unimproved land. An offer was presented to the property owner on July 17, 2025 reflecting the appraised value of $2,727,400.00 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 December 08, 2021, the City Council authorized an acquisition from Barbara Ann Ondrusek Wolfe and Timpy Kay Ondrusek; Independent Executrix of The Estate of Joseph C. Ondrusek of an unimproved tract of land containing approximately 514,906 square feet, located on East 11th Street at its intersection with Cedar Crest Boulevard for the Dallas Floodway Extension Project by Resolution No. 21-2004.
On January 26, 2022, the City Council authorized the second step of acquisition for condemnation by eminent domain to acquire an unimproved tract of land containing approximately 514,906 square feet, from Barbara Ann Ondrusek Wolfe and Timpy Kay Ondrusek; Independent Executrix of The Estate of Joseph C. Ondrusek, located on East 11th Street near its intersection with Cedar Crest Boulevard for the Dallas Floodway Extension Project by Resolution No. 22-0259.
FISCAL INFORMATION
|
Fund Name |
FY 2025 |
FY 2026 |
Future Years |
|
Flood Protection and Storm Drainage Facilities Fund (2006 General Obligation Bond Funds) |
$2,743,400.00 |
$0.00 |
$0.00 |
OWNER/EXECUTIVES
The Estate of Joseph C. Ondrusek
Barbara Ann Ondrusek, Independent Executive
Wolfe Timpy Kay Ondrusek, Independent Executive
MAP
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