Hillsborough County Public Schools Superintendent Office
Action Item

DATE: Tuesday, November 18, 2008
TO: School Board Members
FROM: MaryEllen Elia, Superintendent

SUBJECT / RECOMMENDATIONS

Approve Resolution of Condemnation for Strawberry Crest High School and David E. Bailey, Jr. Elementary School in the Dover Area ("UUU" Campus)

EXECUTIVE SUMMARY

The three schools which will occupy the "UUU" campus will of course require sewer service. Since that utility is not currently available at that site, the Board will install the infrastructure needed to provide it. Part of that system will have to be sited on private property located at the intersection of Martin Luther King Boulevard and Gallagher Road. In order to accomplish that installation, the Facilities Division has been attempting to negotiate the purchase from the property owner an easement of approximately 1,566 square feet. An appraisal has fixed the market value of that easement at $3,695.00. The property owner thus far has rejected staff's offers. The Facilities Division will continue to negotiate with the owner, but in order to assure the ability to complete the sewer installation in time for the opening of Strawberry Crest High School and Bailey Elementary School, the School Board attorney recommends that the Board authorize the initiation of eminent domain proceedings which would allow the Board to obtain title to the easement in order to allow the completion of the installation. The law which governs that process requires the Board to enact a resolution of condemnation. The resolution, whose form is dictated by Florida law, is attached. The resolution does not prevent the Board and the property owner from continuing to negotiate toward a voluntary resolution and staff's intention is to do so.

ANNUAL DISTRICT GOAL(S) AND CRITICAL SUCCESS FACTOR(S)

All Strategic Objectives

FINANCIAL IMPACT (Budgeted: No)

Approval of the resolution for condemnation will have no financial impact on the Board. Cost of litigation is undetermined at this time.

EVALUATION

SUBMITTED BY:



Thomas M. Gonzalez
School Board Attorney
813-273-0050
A 8.01a
Hillsborough County Public Schools (Florida) * Mtg.#20081118_305 * Section A Item# 8.01a