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 48-Inch Water Line from SH 288 to Cullen Boulevard along East Orem Project; authorizing the acquisition of fee simple or easement interest to nine parcels of land required for the Project and situated in the State of Texas Survey Abstract Tate 1 (aka Thomas Tobin Survey A-774) in Harris County, Texas, said parcels of land being located along Orem Drive near Scott 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 or easement interest to the nine parcels of land required for the project - DISTRICT D - EVANS-SHABAZZ

SUBJECT: An ordinance for the 48-INCH WATER LINE FROM SH 288 TO CULLEN BOULEVARD ALONG EAST OREM DRIVE PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

RECOMMENDATION: (Summary) An ordinance for the 48-INCH WATER LINE FROM SH 288 TO CULLEN BOULEVARD ALONG EAST OREM DRIVE 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 48-INCH WATER LINE FROM SH 288 TO CULLEN BOULEVARD ALONG EAST OREM DRIVE PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

The 48-INCH WATER LINE FROM SH 288 TO CULLEN BOULEVARD ALONG EAST OREM DRIVE PROJECT (the “Project”) provides for the design and construction of transmission and distribution lines to convey treated water from surface water facilities. The project is required to comply with the Harris-Galveston Subsidence District requirements and to implement the City’s regionalization plan. This program is part of the City’s long-range water supply plan.

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 48-INCH WATER LINE FROM SH 288 TO CULLEN BOULEVARD ALONG EAST OREM DRIVE 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

WBS S-000900-0173-2