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 Wilson Gully Storm Sewer Repair Project; authorizing the acquisition, by gift, dedication, purchase, or eminent domain proceedings, of fee simple title or easements in and to six parcels of land required for the project and situated in the William White 1/3 League Survey, Abstract No. 836, 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 six parcels of land required for the project - DISTRICT G - TRAVIS

SUBJECT: An ordinance for the WILSON GULLY STORM SEWER REPAIR PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

RECOMMENDATION: (Summary) An ordinance for the WILSON GULLY STORM SEWER REPAIR 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 WILSON GULLY STORM SEWER REPAIR PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation. 

The Wilson Gully Storm Sewer Repair Project (the “Project”) is a public improvement project designed and constructed by the Uptown Redevelopment Authority (the “Authority”) which consists of the construction of storm drainage improvements to Wilson Gully (near Post Oak Boulevard and Uptown Park Boulevard).  The project will provide for the design and construction of improved inlets, relief pipes, manholes and box culverts.  The project is designed to improve drainage, spur redevelopment, and benefit existing businesses throughout this area. 

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 and 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.

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

N-002009-0001-2

Marjorie L. Cox

Assistant Director – Real Estate Services

Phone: (832) 395-3130