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 FWSD #23 Improvements Project; authorizing the acquisition of fee simple or easement interest to parcels of land required for the Project with two parcels  situated in Eli Noland Survey, Abstract No. 600 in 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 interests to the two parcels of land required for the Project - DISTRICT B - JACKSON

SUBJECT: An ordinance for the FRESH WATER SUPPLY DISTRICT #23 WASTE WATER TREATMENT PLANT IMPROVEMENTS PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

RECOMMENDATION: (Summary) An ordinance for the FRESH WATER SUPPLY DISTRICT #23 WASTE WATER TREATMENT PLANT IMPROVEMENTS PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

SPECIFIC EXPLANATION:  This program provides for the design and construction of electrical, mechanical, structure, process, and piping improvements at various wastewater treatment facilities throughout the City.  This program is required to control operations and maintenance cost and ensure regulatory compliance.

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 FRESH WATER SUPPLY DISTRICT #23 WASTE WATER TREATMENT PLANT IMPROVEMENTS PROJECT.

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Carol Ellinger Haddock, P.E., Director

Houston Public Works

WBS No. R-000265-0131-2

Marjorie L. Cox

Assistant Director – Real Estate Services

Phone: (832) 395-3130