DEPARTMENT: Transportation & Capital Improvements
DEPARTMENT HEAD: Mike Frisbie, PE
COUNCIL DISTRICTS IMPACTED: Council District 5
SUBJECT:
Acquisition: Real Property for South Medina Street Extension Project
SUMMARY:
An ordinance for the South Medina Street Extension- Colima to Vera Cruz Project, a Certificates of Obligation funded project, located in Council District 5, authorizing the acquisition, through negotiation, dedication or condemnation, of approximately 0.425 acres for interests in land sufficient for Project purposes in a portion of two parcels of privately-owned real property located in NCB 274; and declaring the South Medina Street Extension- Colima to Vera Cruz Project to be a public use project for the acquisition and authorizing expenditures of $250,000.00, payable to the selected title company, for land, litigation expenses and associated title fees.
Pursuant to enacted Texas Senate Bill 18 (SB “18”), this item requires City Council to initiate a motion authorizing the use of power of eminent domain, should it be needed.
BACKGROUND INFORMATION:
The South Medina Street Extension- Colima to Vera Cruz Project was included in the FY 2017 Annual Budget. The City approved through ordinance on November 13, 2014 to close, vacate and abandon the City’s public right-of-way known as Colima Street, located between South Medina Street and South Frio Street. As part of the closure agreement, the City agreed to re-open and extend South Medina Street located between Vera Cruz and Guadalupe, to enhance residential and commercial traffic flow and access to the abutting Peanut Factory Lofts and Iron Mountain facilities. In order to re-open and extend South Medina Street, property is required from the two abutting landowners.
This Project requires the acquisition of a portion of two parcels of privately-owned real property by negotiation, dedication or condemnation, if necessary, for the construction and extension of the South Medina Street Extension- Colima to Vera Cruz Project. The acquisition includes right-of-way easements and involves two landowners.
The City intends to use every effort available to obtain the required parcels for said Project through good faith negotiations, but may require eminent domain if the negotiations are not successful. The City of San Antonio has the authority to exercise eminent domain (condemning property) under Article I, Section 17 of the Texas Constitution and Texas Local Government Code.
ISSUE:
This ordinance for the South Medina Street Extension- Colima to Vera Cruz Project, a Certificates of Obligation funded project, located in Council District 5, authorizes the acquisition, through negotiation, dedication or condemnation, of approximately 0.425 acres for interests in land sufficient for Project purposes in portions of two parcels of privately-owned real property located in NCB 274; and declares the South Medina Street Extension- Colima to Vera Cruz Project to be a public use project for the acquisition and authorizing expenditures in the amount of $250,000.00, payable to the selected title company, for land, litigation expenses and associated title fees.
Property acquisition is a required component to complete the South Medina Street Extension- Colima to Vera Cruz Project. Through this action, City Council authorizes the acquisition of portions of two parcels of privately-owned real property through negotiation, dedication or condemnation.
Approval of this ordinance is a continuation of City Council policy to determine and declare certain projects necessary for public purpose and public use, and authorize the acquisition of private property by condemnation.
ALTERNATIVES:
City Council could not approve this acquisition needed for completion of this Project; however, the project could not move forward.
FISCAL IMPACT:
This ordinance recommends a one-time capital improvement expenditure in the amount of $250,000.00, payable to the selected title company. Funds are available from Certificates of Obligation and are included in the FY 2017-2022 Capital Improvement Program Budget.
RECOMMENDATION:
Staff recommends approval of this ordinance authorizing the acquisition, through negotiation, dedication or condemnation, of interests in land sufficient for Project purposes in a portion of two parcels of privately-owned real property, located in Council District 5, for the South Medina Street Extension- Colima to Vera Cruz Project, a Certificates of Obligation funded project.