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Authorization of Eminent Domain: Consider and Act Upon Adoption of a Resolution of the City Council of the City of Lewisville, Texas, Authorizing the Acquisition of Water Line Easements, Drainage Easements, and Temporary Construction Easements an 0.1931 Acres Across Portions of the Following Properties: a Tract of Land Being a Portion of Lot 1, Block A, Crossley Addition, Located on the North Side of Valley Ridge Boulevard Approximately Fifty Feet East of the North Mill Street Intersection; a Tract of Land Out of the J. Wagner Survey, Abstract Number 1399, Located at 1026 North Mill Street; a Tract of Land Out of the J. Wagner Survey, Abstract Number 1399, Located at 1230 North Cowan Avenue; a Tract of Land Out of the J. Wagner Survey, Abstract Number 1399, Located at 1240 North Cowan Avenue; a Tract of Land Being a Portion of Lot 1, Block B, Pinnell Subdivision, Located at 1497 North Kealy Avenue; a Tract of Land Out of the J. Wagner Survey, Abstract Number 1399, Located at 1225 North Cowan Avenue; for the Construction, Operation, Maintenance, Repair or Enlargement of and Access to Water Line and Drainage Improvements, Together With the Customary Uses Attendant Thereto; Determining the Public Use and Public Necessity of Such Acquisitions; Authorizing the Appointment of an Appraiser and Negotiator as Necessary; Authorizing the City Manager (Or Her Designee) to Establish Just Compensation for the Property to Be Acquired in Accordance With All Laws; Authorizing the City Manager (Or Her Designee) to Take All Steps Necessary to Acquire the Needed Property in Compliance With All Applicable Laws and Resolutions; and Authorizing the City Attorney (Or Her Designee) to Institute Condemnation Proceedings to Acquire the Property if Purchase Negotiations are Not Successful; Providing for Repealing, Savings, and Severability Clauses; and Providing for an Effective Date.
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ADMINISTRATIVE COMMENTS:
The North Cowan Avenue project design is 90% complete. The project includes reconstruction of North Cowan Avenue from Jones Street to the end of the cul-de-sac, along with associated water and storm sewer improvements extending beyond the roadway limits to connect to existing utilities at North Mill Street. Water line easements, drainage easements, and temporary construction easements must be acquired from private property owners before the project can be advertised for construction. Before easement acquisition begins, the City Attorney has prepared the attached Resolution, which authorizes the City to acquire the easements by friendly purchase or, if negotiations are unsuccessful, by eminent domain. This authorization will help avoid project delays that could affect public infrastructure safety. Funding is available in the Cowan Avenue with Water Line Distribution Capital Project.
RECOMMENDATION:
That the City Council consider and adopt the Resolution as set forth in the caption above by using the following motion, in the form prescribed by Texas Government Code Section 2206.053(e):
FORM OF THE MOTION TO ADOPT THE RESOLUTION
“I move that the City of Lewisville, Texas adopt the Resolution described in Agenda Item No. F-9 and authorize the use of the power of eminent domain, if necessary, to acquire for public use the properties described and depicted in Attachment 1 attached to the resolution, said description and depiction being incorporated into this motion for all purposes, for the construction, operation, maintenance, repair or enlargement of and access to water line and drainage improvements, together with the customary uses attendant thereto, associated with the reconstruction of North Cowan Avenue. This vote applies to all units of property described and depicted in Attachment 1 attached to the resolution.”
AVAILABLE FOR QUESTIONS:
Brett Bourgeois, PE, PMP, City Engineer