DEPARTMENT: Transportation & Capital Improvements
DEPARTMENT HEAD: Mike Frisbie, P.E.
COUNCIL DISTRICTS IMPACTED: Council District 6
SUBJECT:
Real Estate Acquisition: Westover Valley Phase II
SUMMARY:
An ordinance for the Westover Valley Phase II Project, authorizing the acquisition, through negotiation or condemnation, of approximately 4.704 acres for interests in land sufficient for Project purposes in a portion of two parcels of privately-owned real property located in NCB 17639 and declaring the Project to be a public-use project for the acquisition and authorizing expenditures not to exceed $240,000.00, payable to the selected title company, for land, litigation expenses and associated title fees, a 2016 Stormwater Regional Program-funded project located in Council District 6.
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 Westover Valley Phase II Project was included in the FY 2016 City of San Antonio Annual Budget as a Stormwater Regional Project. The Project is designed to alleviate the risk of flooding to the Westover Valley Subdivision. Residents in the Westover Valley Subdivision experienced flooding on their properties in August 2007, prompting the City’s Public Works Department to construct an emergency relief channel. The Texas Commission on Environmental Quality (TCEQ) notified the City that the emergency relief channel had been constructed through an undocumented landfill. The City and TCEQ reached an agreement for which the City is ready to move forward with the second phase of the improvements at Westover Valley. The proposed project will provide for the re-grading and concrete-lining of the existing channel to Culebra Creek and will capture runoff from upstream properties and convey it through a dedicated drainage easement out-falling at Culebra Creek. This action will meet the requirements of the agreement with TCEQ. Construction is estimated to begin in June 2016 and is anticipated to be completed by November 2016.
This Project requires the acquisition of a portion of two parcels of privately-owned real property by negotiation or condemnation for the construction of the Westover Valley Phase II Project. The acquisitions include right-of-way easements and temporary construction easements. Of the 4.704 acres needed, 2.318 acres is for two permanent easements and the remaining 2.386 will be for one temporary construction easement.
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 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 Westover Valley Phase II Project, will authorize the acquisition, through negotiation or condemnation, of approximately 4.704 acres for interests in land sufficient for Project purposes in a portion of two parcels of privately-owned real property located in NCB 17639 and declaring the Project to be a public-use project for the acquisition and authorizing expenditures not to exceed $240,000.00, payable to the selected title company, for land, litigation expenses and associated title fees, a 2016 Stormwater Regional Program-funded project located in Council District 6.
Project construction is estimated to begin in June 2016 and is anticipated to be completed in November 2016.
Privately owned property acquisition is required to complete the Westover Valley Phase II Project. Through this action, City Council authorizes the acquisition of a portion of these parcels of privately-owned real property through negotiation or condemnation. Approval of this ordinance is a continuation of City Council’s policy to determine and declare certain projects necessary for 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 and the flooding potential for homeowners in the Westover Valley Subdivision would not be addressed.
FISCAL IMPACT:
This ordinance authorizes a one-time capital improvement expenditure in the amount not to exceed $240,000.00, payable to a selected title company. Funds are available within the Westover Valley Phase II Project from previously authorized 2016 Stormwater Regional Program funds and are included in the 2016-2021 Capital Improvements Program Budget. The values of these acquisitions are based on appraisals performed by Valbridge Property Advisors/Dugger, Canaday, Grafe, Inc., in January 2016
RECOMMENDATION:
Staff recommends approval of this ordinance for the Westover Valley Phase II Project, authorizing the acquisition, through negotiation or condemnation, of approximately 4.704 acres for interests in land sufficient for Project purposes in a portion of two parcels of privately-owned real property and declares the Project to be a public use project for the acquisition and authorizes expenditures not to exceed $240,000.00, payable to the selected title company, for land, litigation expenses and associated title fees.