LEGISLATIVE RESEARCH CENTER
File #: 18-218    Name:
Type: General Business Status: Passed
File created: 1/26/2018 In control: Broken Arrow City Council
On agenda: 2/6/2018 Final action: 2/6/2018
Title: Consideration, discussion, and possible approval of Resolution No. 1064, a Resolution of Necessity to Condemn Property located in the NW/4 of Section 7, T-18-N, R-15-E of the Indian Meridian, Wagoner County, State of Oklahoma, for the 23rd Street, Houston to Kenosha, Widening Project (Project No. ST0914)
Attachments: 1. 02-06-2018 RESOLUTION NO 1064

Broken Arrow City Council

                                                                                               Meeting of: 02-06-2018

                                                                                    

To:                     Mayor and City Council

From:                     Engineering and Construction Department

Title: 

title

                     Consideration, discussion, and possible approval of Resolution No. 1064, a Resolution of Necessity to Condemn Property located in the NW/4 of Section 7, T-18-N, R-15-E of the Indian Meridian, Wagoner County, State of Oklahoma, for the 23rd Street, Houston to Kenosha, Widening Project  (Project No. ST0914)

End

Background:

The right-of-way acquisition for the 23rd Street, Kenosha to Houston, widening project has been approved for federal Surface Transportation Program (STP) funding, to be cost shared 20%-80% (City-Oklahoma Department of Transportation (ODOT)).  The City’s contract right-of-way agent, Universal Field Services, has attempted unsuccessfully to negotiate with BZ Properties, LLC, for Parcels 13, 17, and 19, generally located at the east side of 23rd Street north of State Highway 51 in Section 7, Township 18 North, Range 15 East.  On March 21, 2017 the City Council approved rental assistance payments and moving costs for the relocation of tenants in Parcel 17, and that payment has been made.  In accordance with a February 10, 2014, Project Construction, Maintenance, Utility Relocation, and Right-of-Way Agreement between the Oklahoma Department of Transportation and the City of Broken Arrow, the City will make the right-of-way payments and ODOT will reimburse the City for 80 percent of the cost.  The attached Resolution of Necessity No. 1064 recommends that condemnation proceed on Parcels 13, 17, and 19.

 

Funding for the City’s share of the Right of Way cost will be from the 2014 Streets GO Bond.


Cost:                                                                To be determined

Prepared By:                                           Alex M. Mills, P.E., Engineering and Construction Director

Reviewed By:                                          Finance Department
                                    Legal Department
                                    Assistant City Manager-Operations

Approved By:                      Michael L. Spurgeon, City Manager
                                                                 

Attachments:                                          Resolution of Necessity No. 1064
                                    Right-of-Way Agent’s Report
                                    Warranty Deeds
                                    Location Map

 

Recommendation:

Approve and authorize execution of Resolution of Necessity No. 1064.