The April 13, 2017 front page article regarding the frontage road again confirms the desire of City Manager Kuciemba to distort and misrepresent the facts to suit his own purpose. That purpose is apparently to insure that the City originated frontage road development project will fail. To make certain that the public knows the truth, the deed that TxDOT is waiting on is a deed from the City, not the Developer. The property was deeded by the developer in March of 2016 based on an email from City Manager Kuciemba in which he advised me that the property for the frontage road “must be dedicated to TxDOT before the contractors can enter” to begin construction, and advising me that the contractor wished to commence on April 1, 2016. On March 21, 2016 the City Manager advised that TxDOT would not accept the deed from the city with the legal description attached. I advised him that the agreement with the city relative to the 6.563 acre dedication showed the same legal description as the deed to the city, and that if TxDOT required an expanded legal description it should be the City’s responsibility to supply it. After several delays, I agreed to pay one half of the cost of the revisions and paid the surveyor $900 to move the project along.
The same type of continuing delays are the reason the City’s invoiced $256,000 bill is disputed, and became a part of our suit, which also includes a breach of contract issue. These charges are for relocation of a pipeline. The original bid for relocation of the pipeline was $130,538 which we reviewed and approved three years ago. This would have made our cost about $65,000. The EDC approved payment of the city’s portion of the project in the same amount shortly after the decision was made, but the City continued to delay authorization to the pipeline company to move forward. Finally, after more than two years of delays by the City, the City approved Phase I of the project in August 2016. Town Park Center paid the city $15,000 for our portion of the Phase I cost, leaving the expectation of another $50,000 to complete the project. I was not prepared to pay the invoices from the City totaling $256,000.
Since we were preparing to file suit regarding the City’s breach of our Economic Development Agreement, I incorporated this claim as well, since it was totally preventable had the City moved to complete the relocation when it was originally estimated. The City’s decision not to deed the property to TxDOT could cost the City $200,000 or more, and seems a very foolish way to continue to delay the project and ultimately cost the city’ taxpayers a great deal more than necessary.
Managing Member of Town Park Center, L.L.C.