File #: AGR 18-005    Version: 1 Name:
Type: Agreement Status: Agenda Ready
File created: 3/12/2018 In control: City Council
On agenda: 5/1/2018 Final action:
Title: Consideration of and action on Amendment No. 2 to the interlocal agreement with the Harris County Flood Control District for the reconciliation of final costs of the property acquired for the Patrick's Bayou stormwater detention basin, and authorizing payment to HCFCD pursuant to the amendment.
Attachments: 1. HCFCD Interlocal Agreement Amendment_April 2018, 2. Final Judgment.- Taub, 3. 2017 Court of Appeals Ruling, 4. Taub Final Judgement Int Calc Sheets
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Title
Consideration of and action on Amendment No. 2 to the interlocal agreement with the Harris County Flood Control District for the reconciliation of final costs of the property acquired for the Patrick's Bayou stormwater detention basin, and authorizing payment to HCFCD pursuant to the amendment.
Body
Summary:
In 2008, after many years of studying alternatives to reduce the incidence of flooding in the north end of Deer Park, the HCFCD and the City of Deer Park entered into an lnterlocal Agreement, dated July 8, 2008, to acquire property for construction of the Patrick's Bayou stormwater detention facility. HCFCD and the City of Deer Park contributed $1,500,000 each toward the total cost of the acquisition of the property originally estimated at $3,000,000.
The concept from the outset was that the two entities would share equally in the cost of the land purchase but that HCFCD would administer all aspects of the acquisition, including surveying, appraisal, legal, etc. Therefore, the interlocal agreement provided that HCFCD was responsible for coordinating preparation of field and environmental surveys and other activities necessary for acquisition of the Property; appraisal of the Property and proceeding with acquisition in its usual and customary fashion and in compliance with all applicable competitive bidding and property acquisition laws. In the event, the Property could not be acquired by voluntary sale and purchase, the agreement stated that HCFCD was to use its power of eminent domain (i.e. condemnation) to acquire the Property, in the names and on behalf of both parties (HCFCD and the City).
The property needed for construction of the stormwater detention basin was an approximate 42.8 acre tract owned by the H. Ben Taub Estate. Negotiations to purchase the property were unsuccessful, so, pursuant to the interlocal agreement and discussions with the City, HCFCD proceeded with condemnation proceedings. In 2010, HCFCD and the City of Deer Park amend...

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