Legislation Details

File #: 25-3922    Version: 1 Name:
Type: Resolution Status: Regular Hearing
File created: 2/3/2025 In control: City Council
On agenda: 2/17/2025 Final action:
Title: Consideration of a Resolution Authorizing the Acquisition of Right-Of-Way and Easements for the Construction, Access, and Maintenance of Midway Branch Force Main (The "Project"); Determining the Public Use and Public Necessity of Such Acquisition; Authorizing the Appointment of an Appraiser and Negotiator as Necessary; Authorizing the City Manager (or Her Designee) to Establish Just Compensation for the Property Rights to be Acquired in Accordance With all Laws; Authorizing the City Manager (or Her Designee) to take Steps Necessary to Acquire the Needed Property Rights in Compliance With all Applicable Laws and Resolutions; and Authorizing the City Attorney (or Her Designee) to Institute Condemnation Proceedings to Acquire the Property Rights if Purchase Negotiations are not Successful; Providing for Repealing, Savings, and Severability Clauses; and Providing for an Effective Date.
Attachments: 1. ROW Land Acq Staff Memo - 2025.02.pdf, 2. ROW Land Acq Resolution - 2025.02.pdf, 3. ROW Land Acq Flow Chart - 2025.02.03
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title
Consideration of a Resolution Authorizing the Acquisition of Right-Of-Way and Easements for the Construction, Access, and Maintenance of Midway Branch Force Main (The "Project"); Determining the Public Use and Public Necessity of Such Acquisition; Authorizing the Appointment of an Appraiser and Negotiator as Necessary; Authorizing the City Manager (or Her Designee) to Establish Just Compensation for the Property Rights to be Acquired in Accordance With all Laws; Authorizing the City Manager (or Her Designee) to take Steps Necessary to Acquire the Needed Property Rights in Compliance With all Applicable Laws and Resolutions; and Authorizing the City Attorney (or Her Designee) to Institute Condemnation Proceedings to Acquire the Property Rights if Purchase Negotiations are not Successful; Providing for Repealing, Savings, and Severability Clauses; and Providing for an Effective Date.

request
ADMINISTRATIVE COMMENTS:

The City entered into a Professional Service Agreement with Birkhoff, Hendricks, & Carter, LLP on April 15, 2024, to design the Midway Branch Force Main project. The project is a critical infrastructure improvement that will enhance the City of Lewisville's wastewater collection system to meet current and future growth demands. The proposed construction involves 23,000 linear feet of 30-inch sanitary sewer force main connecting the Midway Branch Lift Station to the City's Wastewater Treatment Plant. To facilitate this, property rights from three parcels must be secured via donation, purchase, or eminent domain. The resolution will enable the City Manager and City Attorney to negotiate property acquisition or initiate condemnation proceedings if necessary, ensuring compliance with applicable laws and resolutions.

RECOMMENDATION:

That the City Council consider the resolution as set forth in the caption above by using the following motion, which is prescribed by the Texas Local Government Code, Section 2206.053 (b): "I move that the City of Le...

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