Item Coversheet

CITY OF HOUSTON - CITY COUNCIL

Meeting Date: 10/25/2016
District B
Item Creation Date: 10/12/2016

Lgl: Parcel KY14-069; Eminent domain; City v. Parkwood Baptist Church, et al., Cause#1065634; Northeast Transmission 108-inch Water Line Easement Acquisition Project;

Agenda Item#: 9.


 
                               
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 and settle the case in connection with eminent domain proceedings styled City of Houston v. Parkwood Baptist Church, a Texas non-profit corporation, et al, Cause No. 1065634; for acquisition of Parcel KY14-069; for the NORTHEAST TRANSMISSION 108-INCH WATER LINE EASEMENT ACQUISITION PROJECT (LEE RD - VICKERY DR.) - DISTRICT B - DAVIS

Background:

The Northeast Transmission 108-inch Water Line Easement Acquisition Project (Lee Rd. - Vickery Dr.) is part of the City’s regionalization program and is in compliance with the Harris-Galveston Subsidence District requirement to implement the City’s long range water supply plan. The project provides for the design and construction of transmission and distribution lines to convey treated water from surface water facilities.

This eminent domain proceeding involves the acquisition of a water line easement containing 17,893 sf (0.4108 acre) of land from a parent tract containing 197,355 sf (4.5306 acres) of land located at 5301 Aldine Bender Road. The property is owned by Parkwood Baptist Church and is improved with a church facility and related appurtenances. The church facility is located outside of the area being acquired, but a fence and parking will be impacted by the City’s acquisition.

 

City’s Testimony Before the Special Commissioners: $66,960.00 (i.e.$24,603.00 for the land being acquired, $29,985.00 for the improvements thereon and $12,372.00 as damages in the form of cost-to-cure)

Award of Special Commissioners: $75,000.00.

Court Costs: $3,300.00 Special Commissioners’ fees (i.e. $1,100.00 x 3); $340.00 Service of Process fee; $3,625.00 Appraiser’s fee Total: $7,265.00. These court costs account for the monetary difference between the amount of the Award of Special Commissioners, and the total amount of funds needed herein.

 

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, pay the court costs and settle this case for the amount of the Award of Special Commissioners. Funding will be provided by a previously approved blanket Appropriation Ordinance.

Prior Council Action:

Ordinance Number 2015-71, passed 1/28/15; Ordinance Number 2014-0307, passed 4/16/14;

Amount of Funding:

$82,265.00; No additional funding required. (Funds previously appropriated under Ordinance No. 2014-307) Water and Sewer System Consolidated Construction Fund 8500.

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

Contact Information:

Joseph N. Quintal

Phone: 832.393.6286

(alternatively Michelle Grossman 832.393.6216)

ATTACHMENTS:
DescriptionType
Request for Council ActionSigned Cover sheet