Legislation Details

File #: 26-1384A    Version: 1 Name:
Type: CONSENT AGENDA Status: Agenda Ready
File created: 4/14/2026 In control: Dallas Water Utilities Department
On agenda: 5/27/2026 Final action:
Title: Authorize (1) deposit of the amount awarded by the Special Commissioners in the condemnation proceeding styled CITY OF DALLAS VS. A.J. WALLACE, LLC, et al., Cause No. CC-25-03097-B, pending in Dallas County Court at Law No. 2, for acquisition of a drainage easement from A.J. Wallace and wife, Marilyn Wallace, of approximately 3,644 square feet of land, located on East Woodin Boulevard near its intersection with Fernwood Avenue for the Kings Branch Culvert at Woodin Project; and (2) settlement of the condemnation proceeding for an amount not to exceed the award - Not to exceed $28,000.00 ($25,000.00, plus closing costs and title expenses not to exceed $3,000.00) - Financing: Flood Control (D) Fund (2017 General Obligation Bond Fund) *In alignment with Capital Improvement Program.
Indexes: 4
Attachments: 1. Map, 2. Resolution, 3. Exhibit A
Date Ver.Action ByActionResultAction DetailsMeeting Details
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PILLAR:                     Sustainable

AGENDA DATE:                     May 27, 2026

COUNCIL DISTRICT(S):                     4

DEPARTMENT:                     Dallas Water Utilities Department

PRIORITY:                     Infrastructure

______________________________________________________________________

SUBJECT

 

Title

Authorize (1) deposit of the amount awarded by the Special Commissioners in the condemnation proceeding styled CITY OF DALLAS VS. A.J. WALLACE, LLC, et al., Cause No. CC-25-03097-B, pending in Dallas County Court at Law No. 2, for acquisition of a drainage easement from A.J. Wallace and wife, Marilyn Wallace, of approximately 3,644 square feet of land, located on East Woodin Boulevard near its intersection with Fernwood Avenue for the Kings Branch Culvert at Woodin Project; and (2) settlement of the condemnation proceeding for an amount not to exceed the award - Not to exceed $28,000.00 ($25,000.00, plus closing costs and title expenses not to exceed $3,000.00) - Financing: Flood Control (D) Fund (2017 General Obligation Bond Fund)

 

*In alignment with Capital Improvement Program.

 

Body

BACKGROUND

 

On September 25, 2024, the City Council authorized the acquisition of approximately 3,644 square feet of land, located on E. Woodin Boulevard at its intersection with Fernwood Avenue for the Kings Branch Culvert at Woodin Project, by Resolution No. 24-1424.  The property owner was offered $10,700.00, which was based on a written appraisal from an independent certified appraiser. The property owner did not accept the offer.

 

On January 22, 2025, the City Council authorized a condemnation proceeding for the acquisition of the property, by Resolution No. 25-0224, and the City filed an eminent domain proceeding to acquire the property.  After a hearing before the Special Commissioners on March 30, 2026, the property owner was awarded $25,000.00. This item authorizes deposit of the amount awarded by the Special Commissioners for the property, which is $14,300.00 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.

 

No future relocation assistance is necessary for this acquisition.

 

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)

 

On September 25, 2024, the City Council authorized acquisition of a drainage easement containing approximately 3,644 square feet of land from A.J. Wallace and wife, Marilyn Wallace, located at East Woodin Boulevard near its intersection with Fernwood Avenue for the Kings Branch Culvert at Woodin Project, by Resolution No. 24-1424.

 

On January 22, 2025, the City Council authorized the second step of acquisition for condemnation by eminent domain to acquire a drainage easement containing approximately 3,644 square feet of land from A.J. Wallace and wife, Marilyn Wallace, located at East Woodin Boulevard near its intersection with Fernwood Avenue for the Kings Branch Culvert at Woodin Project, by Resolution No. 25-0224.

 

FISCAL INFORMATION

 

Fund

FY 2026

FY 2027

Future Years

Flood Control (D) Fund (2017 General Obligation Bond Fund)

$28,000.00

$0.00

$0.00

 

OWNERS

 

A.J. Wallace, Owner

 

Marilyn Wallace, Owner

 

MAP

 

Attached