DEPARTMENT: Transportation and Capital Improvements
DEPARTMENT HEAD: Mike Frisbie, PE
COUNCIL DISTRICTS IMPACTED: Council District 8
SUBJECT:
Acquisition: Property for Hausman Road (Loop 1604 to IH 10)
SUMMARY:
An ordinance authorizing the acquisition, through negotiation or condemnation, of approximately 0.904 acres for interests in land sufficient for project purposes in a portion of eight parcels of privately-owned real property located in NCBs 14615, 14861, 14890, 16331, and 18919 needed for the Hausman Road (Loop 1604 to IH 10) Project, a 2012-2017 Bond Program funded project, located in Council District 8; and declaring it to be a public use project for the acquisition and authorizing expenditures not to exceed $385,000.00, payable to the selected title company, for land, relocation, litigation expenses and associated title fees.
Pursuant of 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 Hausman Road (Loop 1604 to IHI 10) Project was included in the 2012-2017 Bond Program. The Project includes the reconstruction and widening of Hausman Road from Loop 1604 to IH 10, with curbs, sidewalks, bike lanes, a 10-ft shared-use path on the south side, traffic signals and drainage improvements. Project construction began in Spring 2014 and is estimated to be completed in Fall 2015.
This Project requires the acquisition of approximately a total of 28 parcels of privately-owned real property by negotiation or condemnation, if necessary, for the construction of the Hausman Road (Loop 1604 to IH-10) Project. Currently 20 of the 28 parcels have been acquired or are in the process of being acquired thru negotiation. However, the remaining eight (8) parcels may require the power of eminent domain.
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 easement negotiations are not successful. The City of San Antonio has the authority and power to exercise eminent domain (condemning property) under Article I, Section 17 of the Texas Constitution and Texas Local Government Code.
ISSUE:
This ordinance will authorize the acquisition, through negotiation or condemnation, of approximately 0.904 acres for interests in land sufficient for project purposes in a portion of eight (8) parcels of privately-owned real property located in NCBs 14615, 14861, 14890, 16331, and 18919 needed for the Hausman Road (Loop 1604 to IH 10) Project, a 2012-2017 Bond Program funded project, located in Council District 8; and declaring it to be a public use project and a public necessity for the acquisition and authorizing expenditures not to exceed $385,000.00, payable to the selected title company for land, relocation, litigation expenses and associated title fees.
Property acquisition is a required component to complete the Hausman Road (Loop 1604 to IH 10) Project. Through this action, City Council authorizes the acquisition of a portion of these parcels of privately-owned real property through negotiation or condemnation.
This acquisition of privately-owned property is necessary for completion of the Hausman Road (Loop 1604 to IH-10) Project. 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, this action would result in a re-design of this Project which could be more costly.
FISCAL IMPACT:
This ordinance recommends a one-time capital improvement expenditure in the amount of $385,000.00, payable to the selected title company. Funds are available within the Hausman Road Project, from previously authorized 2012-2017 Bond Program funds. The value of this acquisition is based on an appraisal performed by Eckmann Groll, Inc., in November 2013.
RECOMMENDATION:
Staff recommends approval of ordinance authorizing the acquisition through negotiation or condemnation, of interests in land sufficient for project purposes in a portion of eight parcels of privately-owned real property located in Council District 8 for the Hausman Road (Loop 1604 to IH 10) Project, a 2012-2017 Bond Program funded project.