To: Aaron Rector, Interim City Manager
From: Alonzo Liñán, P.E., Director of Public Works
Subject:
Title
Consider a resolution authorizing the use of the power of Eminent Domain to acquire Permanent Utility Easement at 200 Keller Pkwy, S. Needham Survey, Abstract No. 1171, Lot 2R, Block A, Elm Keller Parkway Addition as necessary for the South Elm Street Reconstruction Project; and authorizing the City Manager to execute all documents relating thereto on behalf of the City of Keller, Texas.
Background:
The design of the South Elm Street Reconstruction project is complete, and all Right of Way, Drainage, Pedestrian, Sidewalk and Temporary Construction Easement needs have been identified. Of the properties impacted, the city is unable to conclude negotiations with 200 Keller Pkwy for a permanent utility easement. The utility easement is necessary to place the overhead utilities underground. Because the City has not been able to negotiate reasonable and acceptable terms, staff recommends that the city initiate the process of Eminent Domain to secure the necessary utility easement.
The state requires that before Eminent Domain proceedings are initiated, formal support of the governing body is publicly documented.
A map of affected property and a description of the utility easement is attached.
Financial Impact:
Funding is available in the Street System Capital Improvements Program Fund with funding provided by the General Fund.
Legal Review:
The City Attorney has reviewed and approved the proposed resolution.
Alternatives:
City Council has the following alternatives:
- Approve as submitted
- Approve with changes
- Denial
Council Action:
Staff recommends approval of the proposed resolution as presented.