City Council

Agenda Request

Agenda Of:

01-15-08

Agenda Request No:

VII A

Initiated By:

suellen staggs, director of utilities 

Responsible Department:

utilities

Presented By:

suellen staggs, director of utilities 

Department Head:

suellen staggs, director of utilities  

 

 

Additional Department. Head (s):

n/a

Subject / Proceeding:

Approve Resolution 08-03

Exhibits:

Property Location Map

Proposed Levee Map

Resolution 08-03 

Survey

Clearances

Approval

Legal:

Eugenia Cano

Asst City Attorney

Executive Director:

n/a

Purchasing:

n/a

Asst. City Manager:

karen glynn, p.e.

Budget:

n/a

City Manager:

Allen Bogard/for AB

Budget

Expenditure Required:  $

n/a

Amount Budgeted/Reallocation:  $

n/a

Additional Appropriation:  $

n/a

Recommended Action

The Utilities and Legal Departments staff is requesting that City Council approve Resolution No. 08-03 declaring the necessity for acquiring by condemnation the fee simple title to approximately 86,774 square feet (1.992 acres) of property for flood control levee improvements and an easement of approximately 79,069 square feet (1.815 acres) for buffer zone purposes in connection with the West (New Territory) Wastewater Treatment Plant Expansion.

Executive Summary

 

As the As the City moves forward in expanding the West Wastewater Treatment Plant (New Territory), it has been determined that the City will need to obtain a 3.81 acre tract of property adjacent to the west side of the plant site for the purpose of a buffer zone and levee.  Per TCEQ regulations, wastewater treatment plants require a 150-foot buffer between the plant treatment units and any residential structures.  The buffer can be either contained within the plant property or the requirement can be met in the form of a recorded buffer zone easement that restricts the property owners future uses to non-residential structures.  

 

During the SPA negotiations with the New Territory Districts the City committed to using our best efforts to obtain the buffer outside of the plant property which would allow the plant expansion to occur as far west as possible.

 

In addition, the property acquisition will provide the area necessary to build the required levee to protect the plant outside the current plant property which also allows us to maximize the plant expansion as far west as possible. As previously discussed, the levee must be constructed before the end of June to allow the plant to remain outside of the future Brazos River floodway. Therefore, we are asking to acquire a 150-foot wide strip of property directly west of the plant site of which the adjacent 75 feet would be purchased in fee to allow for the levee and the remaining 75 feet as a buffer zone easement.  A map of the property and requested acquisition is attached.

 

Our consultant, Contract Land Staff, has been working with the City to acquire the property.  Negotiations for the buffer zone have been underway since July 2007, and the fee tract for the levee since November 2007.  We have completed an appraisal report on the property and made a formal offer based on the appraisal.  After making the offer, we met with the property owner in the hopes of reaching mutually agreeable terms for the purchase price. But, we have not received a response.

 

Staff is requesting that the City Council approve Resolution No. 08-03 declaring the necessity for acquiring by condemnation the fee simple title to approximately 86,774 square feet (1.992 acres) of property for flood control levee improvements and an easement of approximately 79,069 square feet (1.815 acres) of property for buffer zone purposes in connection with the West (New Territory) Wastewater Treatment Plant Expansion. The Resolution provides for a final offer in the amount of $76,200, which is the appraised fee value for the entire tract. Eminent domain proceedings will be necessary if the property owner does not accept the City’s final offer.

 

 

 

Exhibits

 

 


RESOLUTION NO. 08-03

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS DECLARING THE NECESSITY FOR ACQUIRING BY CONDEMNATION THE FEE SIMPLE TITLE TO APPROXIMATELY 1.992 ACRES OF PROPERTY FOR FLOOD CONTROL LEVEE IMPROVEMENTS AND AN EASEMENT IN APPROXIMATELY 1.815 ACRES FOR BUFFER ZONE PURPOSES IN CONNECTION WITH THE WEST (NEW TERRITORY) WASTEWATER TREATMENT PLANT EXPANSION.

 

            WHEREAS, the City intends to expand the West (New Territory) Wastewater Treatment Plant (WWTP) being acquired from the Fort Bend County Municipal Utility District No.112; and

           

            WHEREAS, 30 TAC, Section 309.13 requires a 150-foot buffer zone adjacent to wastewater treatment plants restricting residential structures within the buffer zone; and

 

            WHEREAS, 30 TAC, Section 309.13 further prohibits wastewater treatment plants from being located in the 100-year flood plain unless the plant unit is protected from inundation and damage that may occur during that flood event; and

 

            WHEREAS, 30 TAC 309.13 and a proposed FEMA rule that increases the base flood elevations of the Brazos River requires the City to build a flood control levee completely around the WWTP; and

 

WHEREAS, the City Council has determined that it is necessary to acquire fee simple title to approximately 1.992 acres of property described herein for flood control levee improvements and an easement in approximately 1.815acres of property described herein for buffer zone purposes; and

 

            WHEREAS, an independent professional appraisal report of the subject property has been submitted to the City and provided to the property owner; and

 

           WHEREAS, based on the amount determined to be just compensation, the City submitted an official written offer to the property owner to purchase the entire 3.81 acres in fee (165,843 sq. ft) or, alternatively, to purchase a portion in fee for the flood control levee improvements and a portion as an easement for the buffer zone; and

 

            WHEREAS, the City has met with the property owner and conducted negotiations, but the owner and the City have been unable to agree upon the property's fair cash market value; NOW, THEREFORE,

 

BE IT RESOLVED BY THE CITY COUNCIL

OF THE CITY OF SUGAR LAND, TEXAS:

 

            Section 1.  That the public necessity requires the acquisition of the following property in connection with the West (New Territory) Wastewater Treatment Plant expansion:

 

(1) the unencumbered fee simple title to that certain 86,774 square foot

parcel (approximately 1.992 acres) located in the Jane Wilkins League, A-96, Fort Bend County, Texas, being more particularly described by metes and bounds in the attached Exhibit A-1, the location of which is generally shown in Exhibit B, which are incorporated by reference, for flood control levee improvements; and

 

(2)   an easement in that certain 79,069 square foot parcel (approximately 1.815 acres) located in the Jane Wilkins League, A-96, Fort Bend County, Texas, being more particularly described by metes and bounds in the attached Exhibit A-2, the location of which is generally shown in Exhibit B, which are incorporated by reference, for a buffer zone.

 

Section 2.  That the City Council authorizes a final offer to the property owner in the amount of $76,200, which is the appraised value of the entire 3.81 acres in fee.

 

            Section 3. That if the property owner fails to accept the City’s final offer, the City’s attorney is authorized and directed to institute proceedings in eminent domain against the owner of and all lienholders and other holders of an interest in the property described herein.

 

            PASSED AND APPROVED on _____________________, 2008.

 

           

                                                                                                _________________________

                                                                                                David G. Wallace, Mayor

 

 

 

ATTEST:

 

 

_____________________________

Glenda Gundermann, City Secretary

 

Reviewed for Legal Compliance: