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 Windermere Lane Outfall Repair Project for three parcels of land required for the project and situated in John D. Taylor Survey, Abstract 72, 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 connections with the acquisition of fee simple title interest in or easement to the three parcels of land required for the project - DISTRICT G - HUFFMAN

SUBJECT: An ordinance for the 15 WINDERMERE LANE OUTFALL REPAIR PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

RECOMMENDATION: (Summary) An ordinance for the 15 WINDERMERE LANE OUTFALL 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 15 WINDERMERE LANE OUTFALL REPAIR PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

This project provides engineering services and construction to address necessary local storm water drainage system improvements citywide. The project is necessary to investigate and resolve existing localized storm water drainage problems.

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 15 WINDERMERE LANE OUTFALL REPAIR PROJECT.

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

M-420126-092R-2