The Engineering Department is in the process of acquiring fee simple right-of-way (ROW) for CIP ST1404, State Highway 6 Road Improvements. ROW acquisition includes following the approved Texas Department of Transportation (TxDOT) conveyance process through either direct purchase by deed or by the eminent domain (ED) process.
In 2014, the Right-of-Way (ROW) mapping was completed and a total of 44 parcels were identified for acquisition. Final design commenced in 2015. Various funding sources with the Federal Highway Administration (FHWA), Texas Department of Transportation (TxDOT), Houston-Galveston Area Council (HGAC), and Fort Bend County were pursued to cover design, construction, and ROW acquisition costs.
To date, a TXDOT Advanced Funding Agreement (AFA) and a TxDOT AFA Amendment No. 1 with HGAC funds includes an 80/20 cost split to cover construction and ROW acquisition. An interlocal agreement with Fort Bend County includes a 50/50 cost split to cover construction and design fees up to $1,400,000.00.
In November 2016, City Council approved a TxDOT ROW agreement that included a 90/10 cost split to cover ROW costs, but this agreement was never executed by TxDOT. However, since that time, through persistence by City staff, TxDOT has agreed to cover ROW costs at 100% as City staff indentified SH6 as an evacuation route that warrants the project for 100% ROW reimbursement. City staff are waiting on TxDOT to submit AFA Amendment No. 2 which will review ROW reimbursement to 100%. The following depicts the estimated project costs associated with the pending AFA Amendment No. 2:
Phase Project Cost Local Cost
Design $1,500,000 $1,500,000
Construction $7,500,000 $2,400,000
ROW (w/out AFA Amend. 2) $3,800,000 $ 940,000
Total $12,800,000 $4,840,000
Fort Bend County ILA ($1,400,000)
CoSL Contribution (w/out AFA Amend. 2) $3,440,000
CoSL Contribution (w/AFA Amend. 2) $2,800,000
Resolution No.16-13, passed April 2016, declared the public need for the State Highway 6 ROW acquisition and also authorized city staff to purchase the required ROW. Ordinance No. 2051, passed in May 2016, authorized the City Manager to acquire parcels in connection with this project, if the combined costs of acquisition, relocation, and closing do not exceed $100,000.
Due to complexities of title for acquisition of Parcel 025 (Whole Foods Market), a "friendly" ED process was agreed to by all parties and is pursued as the most expedited path to acquire this parcel. On November 16, 2017, Commissioners (appointed by a Judge from the Fort Bend County Civil Court Law) considered this parcel to determine fair and equitable value after all the matters involved were submitted as part of the ED process. The value of the award issued by the Commissioners to the property owner was $169,861.00 which exceeds the expenditure threshold for City Manager approval on this project. Attached is the Award of the Special Commissioners in the amount of $169,861.00 for Parcel 025 to be payed by the City. This parcel is needed for this project and follows the requirements of the TxDOT approval and conveyance process. Funding for this award will be from CIP ST1404 and the identified funding sources listed above.
To date the Engineering Department has acquired 22 parcels by deed and 22 have been condemned by ED process. Once Parcel 025 award is paid, all 44 parcels will be considered acquired. This is in line with earlier discussions and presentation to City Council with construction anticipated later this summer.
The Engineering Department recommends City Council approve the acceptance of the Award of Special Commissioners judgment for acquisition of real property to the property owner of Parcel 025 for the value of $169,861.00 for CIP ST1404 - State Highway 6 Roadway Improvements.