PILLAR: Sustainable
AGENDA DATE: December 10, 2025
COUNCIL DISTRICT(S): 2
DEPARTMENT: Dallas Water Utilities Department
PRIORITY: Infrastructure
______________________________________________________________________
SUBJECT
Title
Authorize the deposit of the amount awarded by the Special Commissioners in the condemnation proceeding styled CITY OF DALLAS VS. JOHN D. GARAY, et al., Cause No. CC-25-01919-B, pending in Dallas County Court at Law No. 2, for acquisition from John D. Garay, et al., of approximately 1,200 square feet of land for a drainage easement and 1,500 square feet of land for a temporary working space easement located at 2411 Throckmorton Street near its intersection with Sylvester Street for the Throckmorton-Reagan Drainage Improvements Project - Not to exceed $173,492.50 ($169,492.50, plus closing costs and title expenses not to exceed $4,000.00) - Financing: Stormwater Drainage Management Capital Construction Fund
Body
BACKGROUND
On August 14, 2024, the City Council authorized the acquisition of a drainage easement and a temporary workspace easement from John D. Garay, located at 2411 Throckmorton Street, by Resolution No. 24-1120. The property owners were offered $153,450.00, which was based on a written appraisal from a certified independent appraiser. The property owners did not accept the offer. On October 8, 2024, the City Council authorized a condemnation proceeding, by Resolution No. 24-1506, and the City filed an eminent domain proceeding to acquire the property. On October 6, 2025, a Special Commissioners Hearing was held in which the property owners were awarded $169,492.50. This item authorizes the deposit amount awarded by the Special Commissioners for the property, which is $16,042.50 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. In order to acquire the easements on the property and proceed with project improvements, the City must deposit the amount awarded by the Special Commissioners in the registry of the Court. The property will be used for the purpose of improving the storm drainage system to address flooding in the area. Relocation assistance will not be necessary for this acquisition.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On August 14, 2024, the City Council authorized the acquisition of approximately 1,200 square feet of land for a drainage easement and 1,500 square feet of land for a temporary workspace easement from John D. Garay, located at 2411 Throckmorton Street near its intersection with Sylvester Avenue for the Throckmorton-Reagan Drainage Improvements Project by Resolution No. 24-1120.
On October 8, 2024, the City Council authorized the second step of acquisition for condemnation by eminent domain to acquire approximately 1,200 square feet of land for a drainage easement and 1,500 square feet of land for a temporary working space easement from John D. Garay, Heirs of Jose Garay, Jr., and Heirs of Alice Garay, located at 2411 Throckmorton Street near its intersection with Sylvester Avenue for the Throckmorton-Reagan Drainage Improvements Project by Resolution No. 24-1506.
FISCAL INFORMATION
|
Fund |
FY 2026 |
FY 2027 |
Future Years |
|
Storm Drainage Management Capital Construction Fund |
$173,492.50 |
$0.00 |
$0.00 |
OWNER
John D. Garay, Owner
MAP
Attached