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 Kingwood Drive Improvements Project; authorizing the acquisition, by gift, dedication, purchase, or eminent domain proceedings, of  fee simple title or easements in and to seven parcels of land required for the project and situated in the Elijah Votaw Survey, Abstract No. 283, Harris County, Texas, and two parcels of land required for the project and situated in the Asmara Turner Survey, Abstract No. 757, Harris County, Texas; authorizing payment of the costs of such acquisitions, including the purchase prices for the property interests and costs associated with Relocation Assistance, Appraisal Fees, Title Policies/Services, Recordation of Instruments, Eminent Domain Proceedings, Court Costs, and Expert Witness Fees, and authorizing the retention of Special Counsel to be selected by the City Attorney in connection with the acquisition of fee simple or easement interests to nine parcels of land required for the project - DISTRICT E - MARTIN

SUBJECT: An ordinance for the KINGWOOD DRIVE IMPROVEMENTS PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

RECOMMENDATION: (Summary) An ordinance for the KINGWOOD DRIVE IMPROVEMENTS 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 KINGWOOD DRIVE IMPROVEMENTS PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

The Kingwood Drive Improvements Project (the “Project”) is a public improvement project designed and constructed by the Lake Houston Redevelopment Authority (the “Authority”) which consists of the reconstruction of two key intersections along Kingwood Drive (at Woodland Hills Drive and Willow Terrace Drive).  The project will provide for the design and construction of improved turning lanes, the addition of sidewalks, the upgrading of all traffic signals and necessary underground utilities as identified by the Kingwood Mobility Study.  The project is designed to reduce congestion, decrease delay/travel time, and enhance the quality of life for Kingwood residents. 

This action authorizes payment for costs of land purchases/condemnations, relocation assistance expenses, appraisal fees, title policies/services, recording deeds and other acquisition costs in connection with negotiations to settle purchases; finds a public necessity for the Project; approves and authorizes the condemnation of the land and improvements thereon.  

If negotiations to acquire the property for the Project 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, authorizes payment for the Award of Special Commissioners and court costs associated with condemnation proceedings, and authorizes the City Attorney to retain special counsel to assist in the acquisition.  All costs of acquisitions associated with the Project will be paid by the Authority pursuant to the Contract.

Fiscal Note: No significant Fiscal Operating impact is anticipated as a result of this project.

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Carol Ellinger Haddock, P.E., Director

Houston Public Works

WBS No. T-100800-0001-2

No additional funding required.

Marjorie L. Cox

Assistant Director – Real Estate Services

Phone: (832) 395-3130