Item Coversheet

CITY OF HOUSTON - CITY COUNCIL

Meeting Date: 5/15/2018
District E
Item Creation Date:

LGL - Parcels LY16-020; City of Houston v. HCA Homes, LTD, et al.; Cause No. 1100080; Berry Bayou Detention Basin C506-01 Addition Project; WBS/CIP M-000296-009A-2

Agenda Item#: 8.


 
                               
Summary:

RECOMMENDATION from City Attorney to deposit the amount of the Award of Special Commissioners into the Registry of the Court and pay the costs of court in connection with eminent domain proceedings styled City of Houston v. HCA Homes Ltd., et al, Cause No. 1100080; for acquisition of Parcel LY16-020, for the BERRY BAYOU DETENTION BASIN PROJECT - DISTRICT E - MARTIN

Background:

The Berry Bayou Detention Basin Project provides for the design, engineering and construction of a new detention basin. The project is required to address storm water drainage problems and alleviate flooding in the City.

 

This eminent domain proceeding involves the acquisition of fee simple title in and to a vacant parcel of land containing 314,285 square feet.  The property is owned by HCA Homes Ltd. Efforts by Houston Public Works 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 at which time the parties testified as to the value of the land acquired and damages to the remainder property.

 

City’s Testimony for the Special Commissioners: ........................................ $1,581,775.00

Landowner’s Testimony for the Special Commissioners: ............................$2,270,000.00

Award of the Special Commissioners’ Hearing:……………………….............$1,932,853.00

Court & Misc. Costs: Special Commissioners’ fees; $3150.00 ($1050.00 x 3); Process Service; $80.00; Court Filings; $231.39, Estimated Total Court & Misc. Costs: $3,461.39.

                                                           

It is recommended that the City Attorney be authorized by Motion to deposit the Award of the Special Commissioners in the amount of $1,932,853.00 into the registry of the court and pay all costs.  Funding will be provided by previously approved blanket appropriation Ordinance Number 2017-373 passed May 24, 2017.

 

Fiscal Note: There is no anticipated operating and maintenance impact associated with this site acquisition.

 

 

__________________________

Ronald C. Lewis, City Attorney

 

 

__________________________

Carol Ellinger Haddock, P.E.

Director, Houston Public Works


Prior Council Action:
Ordinance No.  2017-373, passed 05/24/2017, Ordinance No. 2017-238, passed on 04/05/17
Amount and Source of Funding:

$1,932,853.00; (Funds previously appropriated under Ordinances No. 2017-373, passed on 05/24/17)

Contact Information:

Steven Beard .............832-393-6295

Michelle Grossman ... 832-393-6216

Lisa Ketai................... 832-393-6447

Judith Ramsey........... 832.393.6468


ATTACHMENTS:
DescriptionType
Cover SheetSigned Cover sheet