2016-008 - Power of eminent domain utility easements related to package 4 of the 2013 water and wastewater bond programRESOLUTION 2016 -008
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.
Area 1: 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 6t' 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 8`" 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.
Sue Lancaster, Mayor Pro -Tem
ATTEST:
(]�- � �-WLo
Yanice Ellis, City Clerk
APPROVED AS TO FORM:
S ep anie H. Harris, Interim City Attorney
EXHiBrr A-
Potential Condemned Properties
CIP Improvements
2/8/2016
Contract
Mejerda
sheaf
Dormer Nerve
Owner Address
1CAD Pmparty
EesenlwATw*
10 Number
8156th 5E, Parls,TX 75460
(Property, s)
]S PemharmsX leil'M &
C
6
6A -SS-0D4
BOwde Orfis &Sue
8246th SE, pads, 7%7516'0
Pads,
101430
5'Temporary COnstruNOn
Moiling Address)
Easement
645 E Polk Pads, TX 75460
(Property Address)
15' Permanent Why &
[
6
6A- 55-005
Breckeen, Geraldine
117]6
5' Temporary Construction
Buchanan Rd, Texarkana, TX 75W3
(Malin Address)
Easement
E. Palk Paris, Ts 75460
(Property Address)
15' Permanent Utility &
C
6
6A -55-0�
Brackeen, Geraldine
11777
S'Temporary Consruction
39D48uchanan Rd, Texarkana, TX 75501
(Mailin Address)
Easemem
Wheeler Properties Parts-
705 E Polk, Paris, TX 75460
14'Permanesht LhgM&
C
6
M -SS -WS
somberly and lerty(David)
(Property Address)
11778
5'Temporary Construction
Wheeler
SOO CA 1151, Bonham, TX ]5418
Euement
(Melling Address
816 Cedar, Paris, TX 75460 - Deceased
15' Permanent Utility &
C
7
7A -55-005
Owem,lNn
(Property Address/ Mailing Address)
19850
S'Temporary Commuctlon
Easement
826 Cedar, Paris, TX 75460 - Deceased
15'Perman ew UUDty&
C
]
TA- 55.005
Owens, lean
(Property Address /Mailing Add rash)
11849
5'Tempwiryconsmuction
Easement
C
7
7C -SS-W
Garland, Hugh
90081k. EM Oak Paris, TX 75460
11859
12'PermaneM Utility Easement
Address/ Mailing Address)
105511,41burn Paris, TX75460
20'PermeneM Utility
E
2
E2 -SS -01
Hadley, Collin &Mindy
(Property Atldress /Mall
Mailing Address)
20249
S' Temporary Cosubuctbn
Easement
3200 Clarksville Paris, TX 75460
RIrk, Michael - AMR LLCA
(Property Address)
E
2
E2 SS-05
Nevada Limited
3420Audubon Rd Paris, TX 75460
18677
20' Permanent UUlsy Easement
(Mall ng Atldress)
2015 NE LOOP 286, Paris, TX 75460
20'PermanenttJtibty&
E
6
E6 -SS-ON
Guaranty Co. Inc
(Property Address/ Malting Address)
18903
5'Temporary COrutrvNOn
Easement
2115 NE Loop 286, Paris, TX 75460
20' Permanent kill&
E
6
E6-SS-0D6
Parks,Gregt
(Property Address/ Mailing Address)
18804
5'Temporary CinsVU<tion
Easement
2300 Blk. NE Loop 286, Paris, TX 75460
Golden Brown Enterprise
(Property Address)
20'ta 14' Pnmanen[ Utility &
E
6
E6-5S -009
Value inn
3755 NE Loop Pads, 7%75160
117490
S' Temporary Construction
(Mailin Addressss) )
Easement
718 Pine Bluff, Pads, TX 75460
(PropertyAddress)
19' w 9' PenNnent Drainage
Pine Bluff
D- 1 -DA-0D4
Terrell, EUnlceV
13936
EmemeM &10'Temporary
2491 CR 44100, Powdedy, TX 75473
(Mailing Address)
Corsstruction Easement
729 Pine Bluff, Paris, TX 75460
(Property Address)
6' Tapered to Or Permanent
Pine Bluff
O-1- OA-004
Gilbreath, Gregory Rubio
3105 M01, Pads, TX 75960
13937
Dminage Easement & is- to it,
(Mailing ng Atldress)
Temporary Construction Easement
725 E Price, Paris, TX 75460
lones,Arm!M &Jack
(Propssty Address)
17'W 8.5' Permanent Drainage
8
Pine BIUN
0- 1 -DA-009
Bernard
4777 CR 31100 Sumner, TX 75486
13943
Easement &15'Temporery
(Mallon Address )
Cwlstruction Easement