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File #: 22-2190    Version: 1 Name:
Type: CONSENT AGENDA Status: Approved
File created: 9/19/2022 In control: Water Utilities Department
On agenda: 10/26/2022 Final action:
Title: Authorize the (1) deposit of the amount awarded by the Special Commissioners in the condemnation proceeding styled CITY OF DALLAS VS. JEFFREY RAY BISHOP AND MARK FLANERY, et al., Cause No. CC-22-00892-E, pending in Dallas County Court at Law No. 5, for acquisition from Jeffrey Ray Bishop and Mark Flanery, of approximately 342,106 square feet of land, located on Rector Street near its intersection with East Kiest 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 $9,548,000.00 ($9,500,000.00, plus closing costs and title expenses not to exceed $48,000.00) - Financing: Flood Protection and Storm Drainage Facilities Fund (2006 General Obligation Bond Funds) ($5,401,996.00) and Trinity River Corridor Fund (1998 General Obligation Bond Funds) ($4,146,004.00)
Indexes: 4
Attachments: 1. Map, 2. Resolution
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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STRATEGIC PRIORITY: Transportation & Infrastructure
AGENDA DATE: October 26, 2022
COUNCIL DISTRICT(S):|910|DEPARTMENT: Water Utilities Department
EXECUTIVE: Kimberly Bizor Tolbert
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SUBJECT

title
Authorize the (1) deposit of the amount awarded by the Special Commissioners in the condemnation proceeding styled CITY OF DALLAS VS. JEFFREY RAY BISHOP AND MARK FLANERY, et al., Cause No. CC-22-00892-E, pending in Dallas County Court at Law No. 5, for acquisition from Jeffrey Ray Bishop and Mark Flanery, of approximately 342,106 square feet of land, located on Rector Street near its intersection with East Kiest 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 $9,548,000.00 ($9,500,000.00, plus closing costs and title expenses not to exceed $48,000.00) - Financing: Flood Protection and Storm Drainage Facilities Fund (2006 General Obligation Bond Funds) ($5,401,996.00) and Trinity River Corridor Fund (1998 General Obligation Bond Funds) ($4,146,004.00)

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BACKGROUND

On November 10, 2021, City Council authorized the acquisition of this property by Resolution No. 21-1844. The property owner was offered $4,120,004.00, which was based on a written appraisal from an independent certified appraiser. The property owner did not accept the offer.

On January 12, 2022, City Council authorized a condemnation proceeding by Resolution No. 22-0167 and the City filed an eminent domain proceeding to acquire the property. After a hearing before the Special Commissioners on September 8, 2022, the property owner was awarded $9,500,000.00. This item authorizes deposit of the amount awarded by the Special Commissioners for the property, which is $5,379,996.00 more than the City Council originally authorized for this acquisition, plus closing cost and title expenses not to exceed $26,000.00.

The City has n...

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