Item Coversheet

CITY OF HOUSTON - CITY COUNCIL

Meeting Date: 12/4/2018
District D
Item Creation Date:

LGL - Parcels KY17-066 and AY17-072; City of Houston v. CG7600 LP, et al.; Cause No. 1108165; MacGregor Way North No. 1, Westpark No. 1 and Magnet Lift Station Project; WBS/CIP No. R-000267-0118-2

Agenda Item#: 12.


 
                               
Summary:

RECOMMENDATION from the City Attorney to deposit the amount of the Award of Special Commissioners into the Registry of the Court, and settle the eminent domain matter in connection with City of Houston v. CG7600, LP., et al., Cause No. 1108165, for acquisition of Parcel KY17-066; for the MacGregor Way North No. 1, Westpark No. 1 and Magnet Lift Station Project - DISTRICT D - BOYKINS

Background:

The MacGregor Way North No. 1, Westpark No. 1 and Magnet Lift Station Project is part of the City’s ongoing program to improve its wastewater infrastructure through rehabilitation, replacement, consolidation, or diversion of wastewater lift stations throughout the City.

This eminent domain proceeding involves the acquisition of one water line easement containing 15,648 square feet of land and one access easement containing 800 square feet of land. The property is located at 825 South Loop West in the City of Houston, Harris County. The property is owned by CG7600, LP. 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 properties.  The Legal Department filed the eminent domain petition and a Special Commissioners’ hearing was held at which time the City testified as to the value of the lands acquired and damages, if any, to the remainder property. The landowner was served with the Petition for Condemnation and the Notice of Special Commissioners’ Hearing and was represented by counsel.

City’s Testimony for the Special Commissioners: .........................................$80,170.00

Landowner’s Testimony for the Special Commissioners: ...........................$144,969.00

Award of the Special Commissioners’ Hearing: ...........................................$112,500.00

(Award by parcel: KY17-066 - $110,000.00, AY17-072 - $2,500.00)

Court & Misc. Costs: Special Commissioners’ fees; $2,400.00 ($800.00 x 3); Process Service; $305.00; Court Filings; $250.00, Appraisal fees; $8,800.00; Estimated Total Court & Misc. Costs: $11,755.00.

____________________________

Ronald C. Lewis, City Attorney

 

____________________________

Carol Ellinger Haddock, P.E.

Director, Houston Public Works

Prior Council Action:
Ordinance No.  2017-1016, passed 12/19/2017, Ordinance No. 2017-522, passed on 07/19/2017.
Amount and Source of Funding:

$112,500.00; Funds previously appropriated under Ordinance No. 2017-1016 out of the Water and Sewer System Consolidated Construction Fund.

Contact Information:

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

Michelle Grossman ... 832-393-6216

Suzanne Chauvin....... 832-393-6219

ATTACHMENTS:
DescriptionType
Coversheet (revised)Signed Cover sheet