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)