O2019-0835 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 Abandonment of Bering and San Felipe Lift Stations Project; authorizing the acquisition of fee simple or easement interest to four parcels of land required for the project and situated in the Robert Vince Survey, Abstract No. A-77, and in the Charles Sage Survey, Abstract No. A-697, in Harris County, Texas, said parcels of land being located along San Felipe 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 the four parcels of land required for the project - DISTRICT G - TRAVIS

SUBJECT:  An ordinance for the ABANDONMENT OF BERING AND SAN FELIPE LIFT STATIONS PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

RECOMMENDATION: (Summary) An ordinance for the ABANDONMENT OF BERING AND SAN FELIPE LIFT STATIONS PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

SPECIFIC EXPLANATION:  Houston Public Works is requesting that an ordinance for the ABANDONMENT OF BERING AND SAN FELIPE LIFT STATIONS PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation. 

This project is a part of the City’s ongoing program to improve its wastewater infrastructure through rehabilitation, replacement, consolidation or diversion of wastewater lift stations throughout the City.  The subject project is being done to address existing capacity and performance issues, ensure compliance with regulatory requirements, reduce operation and maintenance costs, and to protect public health. 

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 ABANDONMENT OF BERING AND SAN FELIPE LIFT STATIONS PROJECT.

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Carol Ellinger Haddock, P.E., Director

Houston Public Works

WBS No. R-000536-0026-2

Ordinance 2018-756, passed September 19, 2018

No additional funding required. (Funds were appropriated under Ordinance 2018-756)

Marjorie L. Cox

Assistant Director – Real Estate Services

Phone: (832) 365-3130