TxDot says it is waiting for the deed.
The completed frontage road giving access to the proposed Town Park Center in Sealy remains closed as the city and developer David Cryan remain locked in litigation.
City Manager Larry Kuciemba said the city must finalize the work on the frontage road and get credits.
“We paid an estimate, and we don’t know if that is higher or lower than what the actual costs are,” he said.
He said the state and city would inspect the road.
TXDOT Public Information Officer Carri Hensley tells The Sealy News it's waiting for the deed transfer.
“That’s something that needs to be discussed in regards to when Town Park reimburses us for the water line and gas line relocation,” Kuciemba said. “It’s about $256,000.”
That matter is in court, and he did not want to discuss it further.
“Until the city council gives me the authority to transfer the deed, I can’t transfer it,” Kuciemba added.
The city owns the title to the road, he said, and the state knows that.
“That’s where it’s at,” he said.
The council had the deed on the agenda at press time, and it was also on the agenda in March.
“If there is no action there is no action,” he said. “I am bringing this back up as City Manager to see if they want to have action on this item.”
Kuciemba doesn’t know if there is going to be any action but put it on the agenda in case they resolve the issue.
“Several things can happen,” he said. “The judge can make a decision; the developer can pay the city it's $256,000.”
Kuciemba must place the road on the agenda 72 hours before the meeting.
“I’m putting this out there just in case something happens, rather than waiting another two weeks and get it taken care of at that time,” he said. “You always have to put this out there just in case something comes about we can take action on it.”
Kuciemba said arbitration between both parties is not an option.
“Until the court decides what’s the deal, there is nothing for us to talk about,” he said. “It’s all hypothetical. It’s in the court's hands right now.”
He noted Town Park Center pursued an emergency lawsuit.
"When you go through a lawsuit, you go through your pleadings back-and-forth, and then you go into mediation,” he said.
If that doesn’t work, he said from there you go into the court system.
“The way they’ve done all three lawsuits is that it’s an emergency,” he said. “They have to have it right now, and within three or four days we have to be prepared for whatever they are accusing. That’s why it’s never gone to mediation. We’ve never had that opportunity. It’s always been an emergency, and it seems like it’s always been the same emergency for the last 18 months I’ve been here.”
The Sealy News contacted City Attorney Lora Lensch for comment, but did not receive a call before press time.