STRATEGIC PRIORITY: Mobility Solutions, Infrastructure, and Sustainability
AGENDA DATE: November 11, 2020
COUNCIL DISTRICT(S): 4
DEPARTMENT: Water Utilities Department
EXECUTIVE: Majed Al-Ghafry
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SUBJECT
title
Authorize the second step of acquisition for condemnation by eminent domain to acquire an improved tract of land containing approximately 11.755 acres, from Daniel Ghebreyohannes and Candace Capital, LLC, located on Sargent Road near its intersection with Morrell Avenue for the Dallas Floodway Extension Project - Not to exceed $1,510.00 ($10.00, plus closing costs and title expenses not to exceed $1,500.00) - Financing: Trinity R. Corridor 04-05 Fund (1998 General Obligation Bond Funds)
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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: $261.9M 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 Lamar Levee on Sargent Road near its intersection with Morrell Avenue and will be used for flood control efforts associated with the Dallas Floodway Extension Project.
This item authorizes the second step of acquisition for condemnation by eminent domain to acquire approximately 11.755 acres of land. This property is improved with commercial buildings, supporting structures and fencing. An offer was presented to the property owner on September 29, 2020 in the amount of $10.00, based upon an independent appraisal. 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. Future relocation assistance may be necessary for this acquisition.
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On September 29, 2020, City Council authorized the acquisition from Daniel Ghebreyohannes and Candace Capital, LLC of an improved tract of land containing approximately 11.755 acres located on Sargent Road near its intersection with Morrell Avenue for the Dallas Floodway Extension Project by Resolution No. 20-1472.
FISCAL INFORMATION
|
Fund |
FY 2021 |
FY 2022 |
Future Years |
|
Trinity R. Corridor 04-05 Fund (1998 General Obligation Bond Funds) |
$1,510.00 |
$0.00 |
$0.00 |
OWNER
Daniel Ghebreyohannes and Candace Capital, LLC
MAP
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