SUBJECT: An Ordinance making findings related to the use or taking by Houston Public Works of approximately 31,838 square feet (0.7309 acres) east of Blackhawk Park, for a 30’ Wide Utility Corridor for the new 60- inch nominal diameter gravity sanitary sewer diversion line and two (2) proposed manholes (including vents) to facilitate flow diversion from the Easthaven Wastewater Treatment Plant (WWTP) to the Southeast WWTP and consolidation of City Wastewater Facilities as part of the Easthaven WWTP Flow Diversion Package 1 Southeast WWTP to Fuqua and Blackhawk Blvd. within Blackhawk Park.
RECOMMENDATION: (SUMMARY) An Ordinance making findings related to the use or taking by Houston Public Works of approximately 31,838 square feet (0.7309 acres) east of Blackhawk Park, for a 30’ Wide Utility Corridor for the new 60- inch nominal diameter gravity sanitary sewer diversion line and two (2) proposed manholes (including vents) to facilitate flow diversion from the Easthaven Wastewater Treatment Plant (WWTP) to the Southeast WWTP and consolidation of City Wastewater Facilities as part of the Easthaven WWTP Flow Diversion Package 1 Southeast WWTP to Fuqua and Blackhawk Blvd. within Blackhawk Park.
SPECIFIC EXPLANATION: The city acquired approximately 31,838 square feet (0.7309 acres) of land (Parcel DY22-004) as part of Blackhawk Park, a 76.81 acre Park consisting of walking, running and bicycle trails, recreational fields, and a covered pavilion located at 9401 Fuqua Street in the southeast portion of the city. Houston Public Works (HPW) has identified a need for approximately 31,838 square feet (0.7309 acres) and being a thirty (30) foot wide sanitary sewer corridor (Corridor) east of Blackhawk Blvd., along North side of Fuqua Street for a proposed Utility Corridor that is necessary to accommodate the new gravity sanitary sewer line which will be placed about 40-45 feet below existing ground level using trenchless methods, and the requested space will be utilized to build and maintain it. The surface of the Corridor shall include two (2) 8-ft diameter manholes (including vents), which will be used to access the project for maintenance. HPW will be placing above ground appurtenances to support the sanitary sewer line.
Section 26.001 of the Texas Parks & Wildlife Code provides that a city may not approve any program or project that requires the use or taking of land designated and used as park land unless, after notice and public hearing, its governing body determines that: (1) there is no feasible and prudent alternative to the use or taking of the park land, and (2) the program or project includes all reasonable planning to minimize harm to the park land.
Installing the proposed 60-inch wastewater line within the Fuqua Right-of-Way is not feasible due to existing utilities including 72-inch diameter water lines, 96-inch diameter storm sewer and the bridge foundation for the Fuqua Street Bridge crossing Beamer Ditch (HCFCD Channel A120-00-00). The proposed 60-inch wastewater line cannot be routed south of the Fuqua Street Right-of-Way due to proximity for single-family residential homes, therefore, there is no feasible and prudent alternative than to use a portion of the Park for the Project. Houston Public Works and the Parks and Recreation Department have worked together to ensure that the Project has a minimal impact on the Park. The Project will not impair the function of Blackhawk Park as a whole. When the Project is completed, the new sanitary sewer line and manholes will have minimal impact on the continued use of the surface of the Utility Corridor for park purposes.
Texas Parks and Wildlife Code Chapter 26 requires the City to publish three public notices and hold a public hearing prior to authorizing the use or taking of park land for non-park purposes. Notices were published in the Houston Chronicle on November 13, 2023, November 20, 2023, and November 27, 2023. City Council held a public hearing on the use of the park land on December 6, 2023.
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Kenneth Allen, Director
Houston Parks and Recreation Department
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Carol Ellinger Haddock, P.E., Director
Houston Public Works
WBS No. R-000536-0034-3