RECOMMENDATION: (Summary)
Authorize the City Attorney by Motion to deposit the amount of the Award of Special Commissioners into the registry of the Court and pay the City's costs of court. Funding will be provided by a previously approved blanket Appropriation Ordinance.
SPECIFIC EXPLANATION:
The West Alabama Street Paving and Drainage Project provides for right-of-way acquisition, design and reconstruction of an undivided concrete roadway with storm drainage, curbs, sidewalks, driveways, street lighting, traffic control and the necessary underground utilities. The project will replace a street that has deteriorated beyond economic repair and normal maintenance. It will improve traffic circulation, mobility and drainage in the service area and upgrade the existing roadway to Major Thoroughfare and Freeway Plan standards.
This eminent domain proceeding involves the acquisition of permanent easements to four parcels of land containing a total of 875 square feet of land. The property is owned by St. Luke's Methodist Church Foundation, Inc., and is located at West Alabama's intersection with Edloe Street and West Alabama Court. Efforts by Public Works and Engineering to negotiate the purchase failed, and the matter was referred to the Legal Department to initiate eminent domain proceedings to acquire the needed property. The Legal Department filed the eminent domain case and served notice on the parties as required by law.
City's Testimony for the Special Commissioners: $172,983.00
Landowner's Testimony for the Special Commissioners: $250,760.00
Award of Special Commissioner: $208,010.00
Court & Misc. Costs: Special Commissioners' fees; $3,375.00 ($1,125.00 x 3); Process Service; $220.00; Appraisal costs; $18,200.00;
Total Court & Misc. Costs: $21,795.00.
It is recommended that the City Attorney be authorized by Motion to deposit the amount of the Award of Special Commissioners into the registry of the Court to gain possession of the needed land and pay the costs of Court. Funding will be provided by a previously approved blanket Appropriation Ordinance.
Fiscal Note: There is no anticipated operating and maintenance impact associated with this site acquisition.