Troy Tobiasson, Project Manager

Approval of this action item will provide the authorization necessary to proceed with condemnation proceedings, in order to acquire the land right necessary for the Historic Goodyear Waterline Replacement Project.

ADOPT RESOLUTION NO. 2023-2314 AUTHORIZING AND DIRECTING THAT INTERESTS IN CERTAIN REAL PROPERTY BE ACQUIRED BY THE CITY OF GOODYEAR BY EXERCISE OF EMINENT DOMAIN AS A MATTER OF PUBLIC NECESSITY AND AUTHORIZING USE OF EMINENT DOMAIN. (Kimberly Romero, Real Estate Coordinator)

The appraised value of ($950) for a one-year Temporary Construction Easement plus attorney’s fees which are unknown at this time. The project has a current Land Budget of $40,000.

The City is undertaking a capital improvement project referred to as the Historic Goodyear Water Main Replacement Project which was included in the FY2022 Capital Improvement Program. The objective of the Historic Goodyear Water Main Replacement Program is to replace aging infrastructure, which was installed in the 1960’s, and to provide fire protection system enhancements within Historic Goodyear by relocating water distribution lines and service infrastructure from alleys to city roadways.

The Historic Goodyear Waterline Replacement Project is a two-phase Project. To complete Phase II, the city needs to acquire 136 Licenses to Construct from the owners of the 136 residential lots impacted by the Project to allow the construction of new service lines within their respective properties, which will connect the new water distribution lines to their respective residential units.  Staff has acquired 135 of the 136 required License to Construct Agreements.

Although staff has made numerous efforts to work with the property owner who has not executed a License to Construct, he has advised he will not be providing the City with a License to Construct.  This leaves the city no other option but to exercise the power of eminent domain to obtain the necessary real property interest needed to allow for the construction of a service line connecting the new water distribution line to the residential unit. Without this service line, the city will not be able to provide water service to the residential unit. Accordingly, staff is requesting Council authorization to proceed with the court action needed in order to complete the project.