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15 - UTILITY EASEMENT CONDEMNATIONSItem No. 15 memorandum TO: Mayor & City Council FROM: John Godwin, City Manager SUBJECT: UTILITY EASEMENT CONDEMNATIONS DATE: February 1, 2016 BACKGROUND: We have several property owners who have so far declined to sell utility easements required for completion of new utility lines included in Package 4. In some cases, owners have been difficult to locate, in some cases they have asked for more money than the property is worth (we are only acquiring easements, not fee simple titles), and in some cases they have refused outright. STATUS OF ISSUE: In order to proceed with this project and avoid any construction delays we must move quickly and aggressively, authorizing the city attorney to move forward with condemnation as necessary. She will make final offers, to be accepted or rejected within a finite period of time, after which condemnation proceedings will begin. In a minority of cases, condemnation ends up not being necessary. With the two trail condemnations authorized last spring, for example, both owners sold through a negotiation process. Regardless, we do need to move this matter forward now. If condemnation does occur, that simply means that a judge will appoint a commission of three neutral and qualified parties to decide a price. BUDGET: Funds are included in the project budget. RECOMMENDATION: Authorize city attorney to proceed with condemnation. Draft RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS DECLARING THE NECESSITY FOR IMPROVEMENTS RELATED TO PACKAGE 4 OF THE 2013 WATER AND WASTEWATER BOND PROGRAM; DECLARING THE NECESSITY FOR ACQUIRING BY EMINENT DOMAIN TEMPORARY CONSTRUCTION EASEMENTS, PERMANENT DRAINAGE EASEMENTS AND PERMANENT UTILITY EASEMENTS OF VARYING WIDTHS OVER PROPERTIES LOCATED IN THE CITY OF PARIS, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACQUIRE SAID EASEMENTS INCLUDING MAKING INITIAL AND BONA FIDE OFFERS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE SAID EASEMENTS; MAKING OTHER FINDINGS AND PROVISIONS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 2013 voters of the City of Paris approved a Water and Wastewater Bond Program; and WHEREAS, construction on Package 4 of said Water and Wastewater Bond Program is set to begin in March, 2016; and WHEREAS, there is a public purpose, need and necessity for said improvements and to acquire temporary construction easements, permanent drainage easements, and permanent utility easements across some properties for the construction, use, operation and maintenance of the improvements in Package 4 of said Water and Wastewater Bond Project; and WHEREAS, in accordance with the above, the City Council of the City of Paris, Texas, hereby finds that there is a public need and necessity to acquire such real properties for such purposes set forth above and said public improvements will be for the benefit and enjoyment of the citizens of the City of Paris, Texas and the public at large; and WHEREAS, the real property to be acquired are temporary construction easements, permanent utility easements and permanent drainage easements across the properties in the general areas set forth below located in the City of Paris, Lamar County, Texas which are more particularly set forth in Exhibit A hereto which is incorporated by reference for all purposes as if fully set forth herein. Areal: North Loop 286 from Spur 139 south to the intersection with FM 195 Area 2: Between 718 and 728 Pine Bluff south to a point between 715 and 725 E. Price Area 3: Starting on the southeast side of the intersection of 6th Southeast St. and E. Washington St., heading southeast to the north side of E. Polk St. Area 4: Starting on the southeast side of the intersection of 8th Southeast St. and E. Cedar St., heading southeast to the north side of E. Oak St. Area 5: Starting approximately 213 feet southeast of the end of Stacy Lane headed southwest to Lovers Lane R.O.W. Area 6: 3200 Clarksville St., located on the south side of Clarksville St. across from the Lovers Lane R.O.W. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. The City Council hereby finds and determines that there is a public purpose, need and necessity for the improvements related to Package 4 of the 2013 Water and Wastewater Bond Program, and that further, there is a public purpose, need and necessity to acquire the easements in the properties referenced hereinabove and more particularly set forth in Exhibit A attached hereto and incorporated by reference for all purposes as if fully set forth herein, for the public purpose of constructing, using, operating and maintaining the improvements contained in Package 4 of the 2013 Water and Wastewater Bond Program, which shall inure to the benefit of the public and the citizens of the City of Paris, Texas. Section 3. The City Manager or his designee is hereby authorized on behalf of the City to attempt to agree on damages and compensation to be paid to the owners of the referenced properties and to make initial and bona fide offers for said easements on said properties. If the City Manager or his designee determines that an agreement for damages and compensation cannot be reached, then the City Manager or his designee is hereby authorized to file or cause to be filed condemnation proceedings against the owners and interested parties of the referenced properties to acquire the referenced easements through eminent domain. Section 4. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised descriptions, or if it is later determined that the other persons not named herein own any right, title or interest in or to the properties, the City Manager or his designee is authorized to have such errors corrected or revisions made without the necessity of obtaining City Council approval authorizing the condemnation of the corrected or revised property or owners. Section 5. This Resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED this the 8th day of February, 2016. A.J. Hashmi, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, Interim City Attorney Potential Condemned Properties CIP Improvements 2/8/2016 Contract ! ProJrct R' Sheet Dwrwr Name Owner Address LCAD Property EissementType ID Nrmber 815 6th SE, Paris, TX 75460 (Pr (Property Address) 15' Permanent Utility & C 6 6A -55-004 Bowden, Orlls & Sue 6th SE, Pads,) 75460 101430 5' Temporary Construction (Mailing Address) Easement 645 L Palk, Paris, TX 75460 15' Permanent Utility & C 6 6A -SS-005 Brackeen, Geraldine (Pro (Property Address) (Pro 11776 5' Temporary Construction 3904 Buchanan Rd, Texarkana, TX 75501 (Mailing Address) Easement E. Polk, Paris, TX 75460 15' Permanent Utility & C 6 6A- 55-005 Brackeen, Geraldine (Pro (Pro (Property Address) 11777 5' Temporary Construction Buchanan Rd, Texarkana, 7X 75501 (Mailing Address) Easement Wheeler Properties Paris - 705 E. Polk, Paris, TX 75460 14' Permanent Utility & C 6 6A- SS-005 and Larry {David) (Property Address) 11778 5' Temporary Construction Wheeler 200 CR 1451 Bonham TX 75418 , , Easement (Mailing Address) 816 Cedar, Paris, TX 75460 - Deceased 15' Permanent Utility & C 7 7A- 55-005 Owens, lean {Property Address /Mailing Address} 11850 5' Temporary Construction Easement 826 Cedar, Paris, TX 75460 - Deceased 15' Permanent Utility & C 7 7A- SS-005 Owens, Jean (Property Address /Mailing Address) 11849 5'Temporary Construction Easement C 7 7C -55 -002 Garland, Hugh 900 Elk. East Oak, Paris, TX 75460 11859 12' Permanent Utility Easement (Property Address/ Mailing Address) 20' Permanent Utility & E 2 E2 -SS -01 Hadley, Collin & Mindy 1055 Wilburn Paris, TX 75460 (Property Address / Mailing Address) 20249 5' Temporary Construction Easement 3200 Clarksville Paris, TX 75460 E 2 E2 -SS -05 Rick, Michael - AMR LLC A (Property Address) 18677 20' Permanent Utility Easement Nevada Limited 3420 Audubon Rd Paris, TX 75460 (Mailing Address) 2015 NE Loop 286, Paris, TX 75460 20' Permanent Utility & E 6 E6-SS -006 Guaranty Co.inc (property Address/ Mailing Address) 18803 5'Temporary Construction Easement 2115 NE Loop 286, Paris, TX 75460 20' Permanent Utility & E 6 E5-SS-006 Parks,GregL (Property Address/ Mailing Address) 1 8804 Easement Easement 2300 BIk. NE Loop 286, Paris, TX 75460 2300 20'to1oraryConstr Utility E 6 E6-SS-1709 Golden Brown Enterprise (Property Address) 117490 5' Temporary Construction n Inc. /Americas value Inn 3755 NE Loop 286, Paris, TX 75460 Easement (Mailing Address) 718 Pine Bluff, Paris, TX 75460 19'to 9' Permanent Drainage Pine Bluff D- 1- DA-OD4 Jarrell, Eunice V Address) 13936 Easement & 10' Temporary 2491 Crt44100, 2491 CR 44100, Powderiy, TX 75473 Construction Easement (Mailing Address) 728 Pine Bluff, Paris, TX 75460 6' Tapered to 0' Permanent Pine Bluff D- 1 -DA-004 Gilbreath, Gregory & Robin (Property Address) TX 75460 13937 Drainage Easement & 15'to 11' 3105 Pine Mill, Parts, Temporary Construction Easement (Mailing Address) 725 L Price, Paris, TX 75460 . Pine Bluff D- 1 -DA -004 Jones,Armitta &Jack (Property Address) 13943 Easement &15'anemDrainage 1aTemporary Barnard 4777CR31100 Sumner, TX75486 Construction Easement o (Mailing Address)