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 Booker Landfill-West Donovan Drainage Project; authorizing the acquisition of fee simple or easement interest to nine parcels of land required for the Project and situated in the Samuel McClelland Survey, Abstract No. 544 in Harris County, Texas, said parcels of land being located along Ella Park Terrace in the City of Houston, 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 nine parcels of land required for the Project - DISTRICT B - JACKSON

SUBJECT:  An ordinance for the BOOKER LANDFILL–WEST DONOVAN DRAINAGE PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

RECOMMENDATION: (Summary) An ordinance for the BOOKER LANDFILL–WEST DONOVAN DRAINAGE 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 BOOKER LANDFILL–WEST DONOVAN DRAINAGE PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation. 

The BOOKER LANDFILL–WEST DONOVAN DRAINAGE PROJECT (the “Project”) provides for the acquisition of easement parcels to encompass a berm and swale constructed by the City to protect City infrastructure and adjoining properties from the runoff from an adjacent landfill, and to provide for the maintenance of a storm sewer drainage line.

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 BOOKER LANDFILL–WEST DONOVAN DRAINAGE PROJECT.

 FISCAL NOTE:  No significant Fiscal Operating impact is anticipated as a result of this project.

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Randall V. Macchi

Chief Operating Officer

Houston Public Works

M-MAO100-0004-2

Ordinance 2023-0175, passed March 8, 2023

No additional funding required. (Funds were appropriated under Ordinance 2023-0175)