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File #: 16-1949    Version: 1 Name: Resolution - A Resolution of the City of Mansfield, Texas Authorizing the use of Eminent Domain and Authorizing the City Attorney to Bring a Condemnation Action for the Purpose of Obtaining Fee Title to Lot 10, Block 5, Shannon Creek Addition, Mansfield,
Type: Resolution Status: Passed
File created: 7/14/2016 In control: City Council
On agenda: 7/25/2016 Final action: 7/25/2016
Title: Resolution - A Resolution of the City of Mansfield, Texas Authorizing the use of Eminent Domain and Authorizing the City Attorney to Bring a Condemnation Action for the Purpose of Obtaining Fee Title to Lot 10, Block 5, Shannon Creek Addition, Mansfield, Tarrant County, Texas, Commonly Known as 1416 Holley Creek Lane for the Purpose of Constructing Sanitary Sewer Improvements, and for other Public Purposes Permitted by Law
Sponsors: Joe Smolinski, Steve Freeman
Attachments: 1. Resolution Authorizing Eminent Domain

Title

Resolution - A Resolution of the City of Mansfield, Texas Authorizing the use of Eminent Domain and Authorizing the City Attorney to Bring a Condemnation Action for the Purpose of Obtaining Fee Title to Lot 10, Block 5, Shannon Creek Addition, Mansfield, Tarrant County, Texas, Commonly Known as 1416 Holley Creek Lane for the Purpose of Constructing Sanitary Sewer Improvements, and for other Public Purposes Permitted by Law

Requested Action

Consideration of the Resolution.  The law requires that the motion used to adopt the resolution to initiate condemnation proceedings be made with the exact motion language as specified in the statute.  The exact motion language to be read by a Council member is:

 

"I move that the City of Mansfield authorize the use of the power of eminent domain to acquire the following property:   An approximate 0.3736 acre tract of land, Lot 10, Block 5, Shannon Creek Addition, Mansfield, Tarrant County, Texas, commonly known as 1416 Holley Creek Lane, Mansfield, Texas, owned by Tuong-An Wong;   for the construction and maintenance of sanitary sewer system improvements for the Holley Creek Sewer Realignment project, and further move to approve Resolution No. RE-3267-16 as presented."

Recommendation

The Engineering Staff recommends the authorization of a Condemnation Action for the Purpose of Obtaining Fee Title to Lot 10, Block 5, Shannon Creek addition, Mansfield, Tarrant County, Texas Commonly Known as 1416 Holley Creek Lane for the Purpose of Constructing Sanitary Sewer Improvements, and for other Public Purposes Permitted by Law.

Description/History

Offers to negotiate the purchase of this property were unsuccessful.  The City presented two separate offers and both were rejected by the owner. The purpose of this acquisition is to accommodate a replacement of an existing aerial sewer line connecting Holley Creek Lane to the Hogpen Branch interceptor as part of the project, Aerial Sanitary Sewer Repairs (Four Locations). 

Justification

This is the most feasible design method for replacing the existing sewer line.  The property is a vacant platted residential lot.  It will also offer temporary and permanent access to this side of Hogpen Branch.  A minimum necessary utility easement would render the lot practically unusable for housing construction.

 

The Public Works Director will be in attendance at the meeting to answer Council’s questions regarding the proposed funding and contracts.

Funding Source

Utility Revenue Bond Fund

Prepared By

Gus Chavarria, CIP Project Manager, Engineering Department

817-276-4235