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 Transportation and Drainage Operations Facility Project; authorizing the acquisition of fee simple interest to two parcels of land required for the Project and situated in the Reels and Trobough Survey, Abstract No. A-59, in Harris County, Texas, said parcels of land being located at 5216 and 5202 North McCarty Street, 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 interest to the two parcels of land required for the Project - DISTRICT I - GALLEGOS

SUBJECT: An ordinance for the TRANSPORTATION AND DRAINAGE OPERATIONS FACILITY PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

RECOMMENDATION: (Summary) An ordinance for the TRANSPORTATION AND DRAINANGE OPERATIONS FACILITY PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

SPECIFIC EXPLANATION:

The City has a need to acquire fee ownership of two tracts of land located at 5216 and 5202 N. McCarty Street (“Property”) to accommodate Houston Public Works Transportation & Drainage Operations (“TDO”) personnel and equipment. The facility’s primary occupant will be TDO Stormwater Maintenance, which manages operations, maintenance, repairs, and rehabilitations of the City stormwater drainage system, which includes infrastructure such as surface drains, underground drainpipes, roadside ditches, off-roadside ditches, detention basins, and pump stations. The Property will also aid in support of all other core service sections of TDO, including Infrastructure Planning, Project Delivery, Street and Bridge Maintenance, Traffic Management, Traffic Operations, and Customer Service. This project will enable TDO to consolidate personnel and equipment from various facilities throughout the City and gain synergies from the adjoining TDO North Service Center facility located at 5410 N. McCarty Street.

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 TRANSPORTATION AND DRAINAGE OPERATIONS FACILITY PROJECT.

Fiscal Note:

Funding for this item is adopted in the FY2022 Adopted Budget.  Therefore, no Fiscal Note is required as stated in the Financial Policies.

Carol Ellinger Haddock, P.E., Director

Houston Public Works

N-912022-0001-2

Marjorie L. Cox

Assistant Director – Real Estate Services

Phone: (832) 395-3130