Laserfiche WebLink
<br />-:r+ ~ m '+trb Ie d... <br />e 11~(P/lo ~ <br />REQUEST FOR CITY COUNCIL AGENDA ITEIVI <br /> <br />Agenda Date Requested: July 26, 2010 <br /> <br />Appropriation <br /> <br />Requested By: <br /> <br />Stephen L. Barr <br /> <br />Source of Funds: <br /> <br />N/A <br /> <br />Department: <br /> <br />Parks & Recreation <br /> <br />Acc't Number: <br /> <br />Report: _Resolution: ~Ordinance: <br /> <br />Amount Budgeted: <br /> <br />Takings Resolution <br /> <br />Amount Requested: <br /> <br />Exhibits: <br /> <br />Bud!!eted Item: <br /> <br />YES <br /> <br />NO X <br /> <br />Exhibits: <br /> <br />Exhibits: <br /> <br />SUMMARY & RECOMMENDATION <br /> <br />-------- <br /> <br />In December 2009 the City of La Porte sent a request for easement to CenterPoint Energy for a <br />proposed bicycle-pedestrian pathway between the new Pecan Park and the Brookglen community. The easement <br />is necessary to be able to connect the park with the community across the CenterPoint power line corridor. A <br />section of the easement (approximately 126 feet) would run parallel to the power line corridor. CenterPoint is <br />opposed to an easement that runs parallel to their corridors, although they have no objection to running <br />perpendicular to their corridors. <br />The issue for them is a legal issue because the city cannot legally indemnifY a public utility, so they feel <br />that granting the easement places an undue liability burden on them. Staff members from both groups have met <br />to try to resolve the problem without success. CenterPoint has notified us that they will be sending a formal letter <br />of rejection of the easement (which we have not yet received). <br />In consultation with the City Attorney, the only recourse the City has to obtain the necessary easement, <br />other than legislative intervention, is to exercise our right of condemnation for the .0644 acres of land that we <br />need to be able to build the pathway. The City Attorney will be obtaining an appraisal of the property values for <br />the condemnation procedure. At this time there is no estimate of the cost of the condemnation. <br />Counsel has recommended that staff present the attached Takings Resolution that will put CenterPoint <br />on notice that we intend use the City's condemnation power to obtain an easement on this property. <br /> <br />Action Required bv Council: <br /> <br /> <br />Con ider approval of a Takings Resolution for acquisition of 0.0644 acres of land by condemnation <br />fr m Ce . t Energy as described in the metes and bounds in said Resolution, by the City of La Porte. <br /> <br />Ron Bottoms, City Manager <br /> <br />7;!/-~ <br /> <br />Date <br />