R-2004-13 acquisition of land for drainage and flood control

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e' e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: SeDtember 13. 2003 ADDroDriation Requested By: .Jnhn .lnern!! Source of Funds: Bond Fund 040 Department: Plaaaiag Account Number: 040-9892-847-11.00 Report: Resolution: X Ordinapce: Amount Budgeted: N/A Exhibit 1: Takings Resolutio~ Amount Requested: N/A Exhibit 2: Map of area to be acquired Budgeted Item: YES NO Exhibit 3: Letter from City Attorney SUMMARY & RECOMMENDATION As part of the La Porte Comprehensive Plan and the FIOI Master Watershed Plan, the continued build out of the FI0J channel system was recommended to help ease some of the drainage burdens that the existing systems are experiencing the in the Lomax area and to serve future development. The owner ofthe land identified as FlOl-06- 01 on the attached exhibit has submitted plans to subdivide the area needed for channel improvements. It is recommended that the City oiLa Porte pursue the purchase of this land at this time to keep the FI01 plan intact. l11e recommended source of the Funds is Fund 040 which has projected contingency of $71,465 plus an additional $151,953 from FY 04-05 proposed budget. The FIOI-06-01 lateral has been extended from the south and a pair of 10ft x 8 ft box culvert has been extended across North P Street to receive flows from this future channel. A public hearing is not required. According to the City Attorney, "...a landowner is not legally entitled to formal or informal notice of a municipality's design to condemn property for public use..." This clarities that the city was not legally required to notify or inform the landowner that a moratorium was placed on his land and earmarked for future use as a drainage channel to serve the greater public good. The City Attorney furthermore addresses the same issue by saying, "The fact that the landowner in this matter did not have actual notice of moratoria on development in the area, even if the result of error on the part of the City, would not affect the City's right to condemn the subject properties." See Exhibit 3. Action Required bv Council: Consider approving a takings resolution for approximately 2.9724 acres of land to be used to construct channel F 101-06-0 I for drainage purposes. A rr1 Date