The Jersey Village City Council voted Sept. 17 to file a declaratory suit against the Texas Department of Transportation in regards to potential utility infrastructure relocation and loss of revenue from relocated businesses during the Hwy. 290 expansion project.

"[City Council] is in support of the expansion," said Mike Castro, city manager. "We see it as necessary and it will be something that benefits this region of Houston, but we want to make sure that it is done in an equitable manner."

Council authorized Castro to initiate necessary actions to relocate the utility infrastructure—including water and sewer lines which supply properties with utility services—outside the proposed right of way associated with the expansion project.

In addition, the city is losing several businesses along Hwy. 290 due to the expansion, including Wendy's, McDonald's, Jack's Carpet and Chevron, which will cause a loss in sales tax revenue and about a $40,000 loss in property taxes, Castro said. However, the city's newly approved budget outlines a 2.22 percent overall revenue increase in received property tax for 2012-2013.

A declaratory suit, which will ensure the law is followed during the dispute, poses a question to the court to settle a matter or question of administrative procedure, Castro said. The primary purpose of the suit will be to clarify TxDOT's responsibilities for reimbursement costs for utility infrastructure replacement.

Water and sewer lines serving Jersey Village are located outside of the TxDOT right of way, and the expansion necessitates the movement of these lines, Castro said. The city wished to maintain the lines outside of the TxDOT right of way in the future and must acquire an easement—a property right for use of certain property typically owned by another—unaffected by the expansion project.

"In our case, we are asking the judge what TxDOT must reimburse the city for," Castro said. "We feel [Jersey Village] ought to be reimbursed for the cost of land acquisition associated with the relocation of our water lines. We are going to take that limited question to the district court."

Upon completion, the Hwy. 290 expansion project will stretch from Loop 610 to FM 2920 near Waller and will cost more than $4.5 billion to widen existing lanes and add managed toll lanes along the corridor.

The next regular City Council meeting has been moved from Oct. 15 to Oct. 22.