STRATEGIC PRIORITY: Mobility Solutions, Infrastructure, and Sustainability
AGENDA DATE: June 9, 2021
COUNCIL DISTRICT(S):|910|DEPARTMENT: Water Utilities Department
EXECUTIVE: Majed Al-Ghafry
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SUBJECT
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Authorize the (1) deposit of the amount awarded by the Special Commissioners in the condemnation proceeding styled CITY OF DALLAS VS. TONY GARCIA ROGERS, et al., Cause No. CC-20-05405-D, pending in Dallas County Court at Law No. 4, for acquisition from Tony Garcia Rogers, of an improved tract of land containing a total of approximately 4.41 acres located at the west terminus of Mexicana Road for the Dallas Floodway Project; and (2) settlement of the condemnation proceeding for an amount not to exceed the award - Not to exceed $139,917.00, increased from $114,583.00 ($111,083.00, plus closing cost and title expenses not to exceed $3,500.00) to $254,500.00 ($250,000.00, plus closing costs and title expenses not to exceed $4,500.00) - Financing: Flood Protection and Storm Drainage Facilities Fund (2006 General Obligation Bond Fund)
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BACKGROUND
On September 23, 2020, the City Council authorized the acquisition of this property, by Resolution No. 20-1473. The property owner was offered $111,083.00, which was based on a written appraisal from an independent certified appraiser. The property owner did not accept the offer. On November 11, 2020, the City Council authorized a condemnation proceeding, by Resolution No. 20-1823 and the City filed an eminent domain proceeding to acquire the property. After a hearing before the Special Commissioners on May 21, 2021, the property owner was awarded $250,000.00. This item authorizes deposit of the amount awarded by the Special Commissioners for the property, which is $138,917.00 more than the City Council originally authorized for this acquisition, plus closing costs and title expenses not to exceed $4,500.00.
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