Legislation Details

File #: 26-2288A    Version: 1 Name:
Type: CONSENT AGENDA Status: Corrected; Approved
File created: 7/9/2026 In control: Dallas Water Utilities Department
On agenda: 8/12/2026 Final action:
Title: Authorize the (1) deposit of the amount awarded by the Special Commissioners in the condemnation proceeding styled CITY OF DALLAS VS. VALLEY PROTEINS, INC., ESTATE OF VIRGINIA CASH and ESTATE OF MARY NELL CASH, et al., Cause No. CC-25-08926-B, pending in Dallas County Court at Law No. 2, for acquisition from Valley Proteins, Inc., Estate of Virginia Cash, and Estate of Mary Nell Cash of two tracts of land containing a total of approximately 6.7 acres, improved with commercial structures and supporting facilities, located on Pontiac Avenue near its intersection with Cedar Crest Boulevard for the Dallas Floodway Extension Project; and (2) settlement of the condemnation proceeding for an amount not to exceed the award - Not to exceed $40,000.00, increased from $1,230,000.00 ($1,220,000.00, plus closing costs and title expenses not to exceed $10,000.00) to $1,270,000.00 ($1,260,000.00, plus closing costs and title expenses not to exceed $10,000.00) - Financing: SDM Capital Construction Fun...
Indexes: 4
Attachments: 1. Map, 2. Resolution
Date Ver.Action ByActionResultAction DetailsMeeting Details
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PILLAR:                     Sustainable

AGENDA DATE:                     August 12, 2026

COUNCIL DISTRICT(S):                     4

DEPARTMENT:                     Dallas Water Utilities Department

PRIORITY:                     Infrastructure

______________________________________________________________________

SUBJECT

 

Title

Authorize the (1) deposit of the amount awarded by the Special Commissioners in the condemnation proceeding styled CITY OF DALLAS VS. VALLEY PROTEINS, INC., ESTATE OF VIRGINIA CASH and ESTATE OF MARY NELL CASH, et al., Cause No. CC-25-08926-B, pending in Dallas County Court at Law No. 2, for acquisition from Valley Proteins, Inc., Estate of Virginia Cash, and Estate of Mary Nell Cash of two tracts of land containing a total of approximately 6.7 acres, improved with commercial structures and supporting facilities, located on Pontiac Avenue near its intersection with Cedar Crest Boulevard for the Dallas Floodway Extension Project; and (2) settlement of the condemnation proceeding for an amount not to exceed the award - Not to exceed $40,000.00, increased from $1,230,000.00 ($1,220,000.00, plus closing costs and title expenses not to exceed $10,000.00) to $1,270,000.00 ($1,260,000.00, plus closing costs and title expenses not to exceed $10,000.00) - Financing: SDM Capital Construction Fund ($1,260,000.00 $30,000.00) and Flood Protection and Storm Drainage Facilities Fund ($10,000.00)                      

 

*In alignment with Capital Improvement Program.

 

Body

BACKGROUND

 

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, 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. 

 

 

 

 

 

 

On August 27, 2025, the City Council authorized an increase in the size of the acquisition area and condemnation proceeding, by Resolution No. 25-1379. The property owner was offered $1,220,000.00, which was based on a written appraisal from an independent certified appraiser. The property owner did not accept the offer. After a hearing before the Special Commissioners on June 8, 2026, the property owner was awarded $1,260,000.00. This item authorizes deposit of the amount awarded by the Special Commissioners for the property, which is $40,000.00 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.

 

Future relocation assistance may be necessary for this acquisition.

 

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)

 

On January 26, 2022, the City Council authorized an acquisition from Valley Proteins, Inc., Estate of Virginia 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.

 

On August 27, 2025, the City Council authorized (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 by Resolution No. 25-1379.

  

FISCAL INFORMATION

 

Fund

FY 2026

FY 2027

Future Years

SDM Capital Construction Fund

$1,260,000.00 $30,000.00

$0.00

$0.00

Flood Protection and Storm Drainage Facilities Fund

$10,000.00

$0.00

$0.00

Total

$1,270,000.00 $40,000.00

$0.00

$0.00

 

 

Resolution No. 22-0253                                                                                     $1,081,309.00

Resolution No. 22-0591                                                                                    $1,081,309.00

Resolution No. 25-1379                                                                                    $   148,691.00

Additional Amount (this action)                                                               $     40,000.00

 

Total Authorized Amount                                                                                    $1,270,000.00

 

OWNER/EXECUTIVE

 

Valley Proteins, Inc.

 

Tom Molini, Vice President East Texas Region

 

MAP

 

Attached