Item Coversheet

CITY OF HOUSTON - CITY COUNCIL

Meeting Date: 10/24/2017
District B
Item Creation Date:

LGL - LIT Partnership Limited Partnership, et al.

Agenda Item#: 4.


 
                               
Summary:

RECOMMENDATION from City Attorney 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 in connection with eminent domain proceedings styled City of Houston v. Lift Industrial Texas Limited Partnership, et al., Cause No. 1081333, for acquisition of Parcels DY14-047 and DY14-021; for NORTH CORRIDOR PLANT  CONSOLIDATION PACKAGE 1B PROJECT - DISTRICT B - DAVIS

Background:

The NORTH CORRIDOR PLANT CONSOLIDATION PACKAGE 1B PROJECT is part of a consolidation and closing of four wastewater treatment plants (Northgate Wastewater Treatment Plant, Imperial Valley Wastewater Treatment Plant, Northborough Wastewater Treatment Plant, and MUD 203 Wastewater Treatment Plant) and diverting flow from those plants to Intercontinental Airport Wastewater Treatment Plant through a newly constructed 54 inch sewer line.

 

This eminent domain proceeding involves the acquisition of two permanent easements containing a total of 51,772 square feet.  The property is owned by the two related entities of LIT Industrial Limited Partnership, a Delaware Limited Partnership and LIT Industrial Texas Limited Partnership, a Delaware Limited Partnership.  Both entities are part of Clarion Partners, a New York City based REIT.  The property is located at 1517 Greens Road.  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 a special commissioners’ hearing was held.

 

City’s Testimony for the Special Commissioners: ................ $  94,521.00

Landowner’s Testimony for the Special Commissioners: .... $556,443.00

Award of Special Commissioner: ...........................................  $202,800.00

Court & Misc. Costs: Special Commissioners’ fees: $6,750.00 ($2,250.00 x 3), Process Service: $335.00, Appraisal costs: $7,250.00, Court Reporting costs: $426.04; Total Court & Misc. Costs: $14,761.04

 

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.
Prior Council Action:
Appropriation Ordinance Number 2016-758 passed 10/05/2016, PNC Ordinance Number 2014-1128 passed 12/10/2014
Amount and Source of Funding:
$217,561.04; Funds previously appropriated under Ordinance No. 2016-758 out of the Water Sewer System Consolidated Construction Fund
Contact Information:

Michelle Grossman 832.393.6216

Steven Beard 832.393.6295

ATTACHMENTS:
DescriptionType
Cover SheetSigned Cover sheet