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Home My WebLink AboutR-2003-16 acquisition of tracts of land for drainage/flooding control purposes REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: June 9, 2003 Requested By: Doug Kneuppe~ J A / Department: Administration ~O Source of Funds: Account Number: Amount Budgeted: Report: _Resolution: .....K-Ordinance:_ Amount Requested: Exhibits: Resolution with Property Descriptions and Map Budgeted Item: YES . Summary and Recommendation The City and Harris County Flood Control District are working together on improvements to the Little Cedar Bayou Watershed (F-216). According to an engineering study prepared by the County's engineering consultant, additional property needs to be acquired to implement the recommended drainage improvements. This Resolution authorizes John Armstrong, Assistant City Attorney to represent the City in the acquisition of the property described in the attached property descriptions. It further provides that in the event the owners and the City cannot agree on fair market value of the property, the Assistant City Attorney is authorized to initiate eminent domain proceedings to acquire the properties. Council will be informed of any recommendation to initiate eminent domain proceedings. This Resolution and attached documentation will be filed for record at the Harris County Courthouse. This information will be picked up by future land title searches and therefore will alert potential buyers of these properties that the City intends to acquire these properties for this project. Action Required by Council: Consider approval of a Resolution authorizing the acquisition of properties for drainage improvements in the Little Cedar Bayou Watershed. Approved for City Council A2enda (p-4-03 Date RESOLUTION NO. 2003-Jk.- A RESOLUTION AUTHORIZING THE ACQUISITION OF TRACTS OF LAND FOR DRAINAGE AND FLOOD CONTROL PURPOSES IN THE CITY OF LA PORTE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte has found and determined that public necessity requires the acquisition of tracts of land for drainage and flood control purposes on the hereinafter described real property in the City of La Porte, Harris County, Texas; and WHEREAS, the City Council of the City of La Porte has found and determined that the tracts of land hereinafter described are suitable and needed for drainage and flood control purposes, and that it is necessary to acquire same for drainage and flood control purposes; and WHEREAS, the City Council of the City of La Porte deems it advisable to authorize, and does hereby authorize, John D. Armstrong, Assistant City Attorney of the City of La Porte, or his designated representative, to represent the City of La Porte in the acquisition of the hereinafter described property; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That the said John D. Armstrong, as Assistant City Attorney for the City of La Porte, or his designated representative, be and he is hereby authorized to negotiate with the owners of the hereinafter described land, concerning the acquisition by the City of La Porte, of the tract of land for drainage and flood control purposes, located in Harris County, Texas, said tract of land being more particularly described as follows, to-wit: Lots 13 through 16, inclusive, in Block 24, of Town of La Porte, a subdivision in Harris County, Texas, according to the map or plat thereof recorded in Volume 57, Page 320, of the Deed Records of Harris County, Texas; Lots 1 through 8, inclusive, and Lots 25 through 32, inclusive, in Block 121, of Town of La Porte, a subdivision in Harris County, Texas, according to the map or plat thereof recorded in Volume 58, Page 460, of the Deed Records of Harris County, Texas; Lots 9 through 16, inclusive, in Block 121, of Town of La Porte, a subdivision in Harris County, Texas, according to the map or plat thereof recorded in Volume 58, Page 460, of the Deed Records of Harris County, Texas; Lots 30 through 32, inclusive, in Block 145, and Lots 1 through 4, inclusive, in Block 146, of Town of La Porte, a subdivision in Harris County, Texas, according to the map or plat thereof recorded in Volume 57, Page 320, of the Deed Records of Harris County, Texas; Lots 1 through 16, inclusive, and Lots 25 through 32, inclusive, in Block 755, of Town of La Porte, a subdivision in Harris County, Texas, according to the map or plat thereof recorded in Volume 57, Page 320, of the Deed Records of Harris County, Texas; Lots 13 through 16, inclusive, in Block 756, of Town of La Porte, a subdivision in Harris County, according to the map or plat thereof recorded in Volume 57, Page 320, of the Deed Records of Harris County, Texas; Lots 31 and 32, inclusive, in Block 793, of Town of La Porte, a subdivision in Harris County, Texas, according to the map or plat thereof, recorded in Volume 58, Page 460, of the Deed records of Harris County, Texas; Lots 17 through 29, inclusive, in Block 793, Lots 17 through 32, inclusive, in Block 828; and Lots 17 through 32, inclusive, in Block 829, of Town of La Porte, a subdivision in Harris County, Texas, according to the map or plat thereof, recorded in Volume 58, Page 460, of the Deed Records of Harris County, Texas; at the fair market value for same, and should said City Attorney, or his designated representative, as the duly authorized representative of the City of La Porte, be unable to agree with such owners as to the fair market value of such tract of land, then, and in that event, said attorney be, and he is hereby authorized and directed to file against all owners and lienholders, proceedings in eminent domain to acquire the above described property, for drainage and flood control purposes. 2 Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Resolution shall be effective from and after its passage and approval. PASSED AND APPROVED this DU- day Of~y,J) CITY OF LA PORTE ,2003. By: ATTEST: Marth A. Gillett City Secretary 3 <-: qwr rr~ rr ... <- LAND ACQUISITION PHASE I - F-216-00 FLOOD CONTROL DEVELOPMENT - SHEET 1 LEGEND - =CENTER LINE OF F-216-00-o0 =PROPOSED R.O.W. F-216-00-00 ~=CITY OWNED PROPERTY ~=H.C.F.C.D. DEEDED EASEMENT . ., I i. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: AUl!ust 12. 2002 Appropriation Requested By: J. L. Sease Source of Funds: N/A Department: Emerl!encv Services Account Number: Report: Resolution: ---K-Ordinance: Amount Budgeted: Exhibits: Resolution with Harris County Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION On Oct. 30,2000 the 106th Congress passed into law an amendment to the existing R. T. Stafford Disaster Relief and Emergency Assistance Act. This act has a short title of "Disaster Mitigation Act of 2000". This act sets out all of the new requirements in Predisaster Mitigation Planning including what is required, who will participate in the planning, and when the plan must be completed and approved. The completion date is Nov. 1, 2004 and if a local government does not have a new plan approved by this date, they will not be eligible for federal disaster relief. Multi-jurisdictional plans will be accepted, as long as each jurisdiction has participated in the process and has officially adopted the plan. This type of plan is permitted when items such as a watershed plan is involved. We are recommending that the City of La Porte participate with Harris County and many of the smaller cities within Harris County in submitting a multi-jurisdictional plan. Action Required bv Council: Approve a Resolution providing for the multi-jurisdictional development of a Comprehensive Hazard Mitigation Plan with Harris County to~I/J5 Date