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File #: 21-1227    Version: 1 Name:
Type: CONSENT AGENDA Status: Approved
File created: 6/29/2021 In control: Water Utilities Department
On agenda: 8/11/2021 Final action:
Title: Authorize acquisition from Southerland 37, LLC of an unimproved tract of land containing approximately 287,786 square feet located on East Kiest Boulevard at its intersection with Southerland Avenue for the Dallas Floodway Extension Project - Not to exceed $147,893.00 ($143,893.00, plus closing costs and title expenses not to exceed $4,000.00) - Financing: Flood Protection and Storm Drainage Facilities Fund (2006 General Obligation Bond Fund)
Indexes: 4
Attachments: 1. Map, 2. Resolution, 3. Exhibit A, 4. Exhibit B
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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STRATEGIC PRIORITY:                     Mobility Solutions, Infrastructure, and Sustainability

AGENDA DATE:                     August 11, 2021

COUNCIL DISTRICT(S):                     4

DEPARTMENT:                     Water Utilities Department

EXECUTIVE:                     Majed Al-Ghafry

______________________________________________________________________

SUBJECT

 

title

Authorize acquisition from Southerland 37, LLC of an unimproved tract of land containing approximately 287,786 square feet located on East Kiest Boulevard at its intersection with Southerland Avenue for the Dallas Floodway Extension Project - Not to exceed $147,893.00 ($143,893.00, plus closing costs and title expenses not to exceed $4,000.00) - Financing: Flood Protection and Storm Drainage Facilities Fund (2006 General Obligation Bond Fund)

 

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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

o                     The City is obligated to expend funds on 35 percent of the design and construction; and 100 percent of environmental remediation and public utility relocation; the real estate funds will serve as credits against the cost share for the project, or may be eligible for reimbursement in the future dependent upon availability of funds for the federal Dallas Floodway Extension Project.

 

- 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

o                     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 item authorizes the acquisition of an unimproved tract of land containing approximately 287,786 square feet from Southerland 37, LLC.  The property is located on East Kiest Boulevard at its intersection with Southerland Avenue and will be used for the Dallas Floodway Extension Project. The consideration is based on an independent appraisal.

 

PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)

 

On August 12, 2015, City Council authorized reprograming the remaining bond funds from the 1998 Bond Proposition 11 from the Trinity Lakes and Trinity Parkway to other flood control improvement consistent with the bond proposition approved by the voters by Resolution No. 15-1486.

 

The Mobility Solutions, Infrastructure and Sustainability Committee was briefed by memorandum regarding the projects and requirements related to the U.S. Army Corps of Engineers Supplemental Bi- Partisan Budget Act of 2018 (PL 115-123) on April 22, 2019. <https://dallascityhall.com/government/Council%20Meeting%20Documents/msis_5__supplemental-appropriation-in-the-bipartisan-budget-act-of-2018-update-on-flood-risk-management-projects_memo_042219.pdf>

 

FISCAL INFORMATION

 

Fund

FY 2021

FY 2022

Future Years

Flood Protection and Storm Drainage Facilities Fund (2006 General Obligation Bond Fund)

$147,893.00

$0.00

$0.00

 

OWNER

 

Southerland 37, LLC

 

Mark Cuban, President

 

MAP

 

Attached