ORDINANCE finding and determining public convenience and necessity for the acquisition of real property interests in connection with the public improvement project known as the acquisition of right of way for Clark Road Drainage and Paving Improvements Project; authorizing the acquisition of fee simple or easement interest to nine parcels of land required for the project and situated in the H & T.C.R.R. Co. Survey, Abstract No. 970 and Abstract No. 428, in Harris County, Texas, said parcels of land being located along Clark Road between  Burbank Street and Tidwell Road, in Houston, Harris County, Texas, by gift, dedication, purchase and the use of eminent domain and further authorizing payment of the costs of such purchases and/or eminent domain proceedings and associated costs for relocation assistance, appraisal fees, title policies/services, recording fees, court costs, and expert witness fees in connection with the acquisition of fee simple or easement interest to nine parcels of land required for the project - DISTRICT H - CISNEROS

SUBJECT: Recommendation that an ordinance for the ACQUISITION OF RIGHT OF WAY FOR CLARK ROAD DRAINAGE AND PAVING IMPROVEMENTS PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

WBS M-000284-0002-2

RECOMMENDATION: (Summary)

An ordinance for the ACQUISITION OF RIGHT OF WAY FOR CLARK ROAD DRAINAGE AND PAVING IMPROVEMENTS PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

SPECIFIC EXPLANATION:

The Department of Public Works and Engineering is requesting that an ordinance for the ACQUISITION OF RIGHT OF WAY FOR CLARK ROAD DRAINAGE AND PAVING IMPROVEMENTS PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase or condemnation.

The project is needed in order to address and reduce the risk of structural flooding in the Airline Drive area. This project provides for the design and construction of storm drainage improvements, necessary concrete paving, curbs, sidewalks, driveways and underground utilities. Additional improvements include providing storm water detention as needed. The project will mitigate the impact of storm water and reduce the potential of flooding in the area.

This action authorizes payment for costs of land purchases/condemnations, relocation assistance expenses, appraisal fees, title policies/services, recording fees and other acquisition costs in connection with negotiations to settle purchases; finds a public necessity for the project; and approves and authorizes the condemnation of the land and improvements thereon.  If negotiations to acquire the property cannot be concluded as a dedication or purchase or for any reason for which acquisition by condemnation is warranted, this action authorizes the City Attorney to file or cause Eminent Domain proceedings to be filed and acquire land, rights-of-way and/or easements for said purposes and authorizes payment for the Award of Special Commissioners and court costs associated with condemnation proceedings. Parcels with a consideration that exceeds the spending authority threshold set by State law will be submitted to City Council as they are finalized. This will expedite the process of acquiring land, rights-of-way and/or easements in support of the ACQUISITION OF RIGHT OF WAY FOR CLARK ROAD DRAINAGE AND PAVING IMPROVEMENTS PROJECT.

Ordinance 2016-757, passed October 5, 2016

No additional funding required

Darrin Ward
Acting Senior Assistant Director – Real Estate Services
(832)395-3154

______________________________

Carol Ellinger Haddock, P.E.

Acting Director

Department of Public Works and Engineering

WBS M-000284-0002-2