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 Plum Creek Lift Station Access Drive Project; authorizing the acquisition of fee simple or easement interest to one parcel of land required for the project and situated in the John R. Harris Survey A-27, in Harris County, Texas, said parcel of land being located along Interstate 610, near Galveston 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 one parcel of land required for the project - DISTRICT I - GALLEGOS

SUBJECT: An ordinance for the PLUM CREEK LIFT STATION ACCESS DRIVE PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

RECOMMENDATION: (Summary) An ordinance for the PLUM CREEK LIFT STATION ACCESS DRIVE 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 PLUM CREEK LIFT STATION ACCESS PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

This project is necessary to provide access for Houston Water – Waste Water Operations to maintain access to the existing Plum Creek Lift Station. UPRR has given the City notice that it will be closing one of their railroad crossings at this location, which the City currently uses to access the lift station. This closure will leave the City without access to the lift station. Therefore, by acquiring an easement, the City will be able to create access and maintain the Plum Creek Lift Station for the benefit of citizens who are serviced through the lift station.

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 PLUM CREEK LIFT STATION ACCESS DRIVE PROJECT.

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Carol Ellinger Haddock, P.E., Director

Houston Public Works

WBS No. R-000267-0171-2

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) 395-3130