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 315 Coveview Roadside Ditch Improvements Project; authorizing the acquisition of fee simple or easement interest to one parcel of land required for the project and situated in the F. Rankin Survey, Abstract No. 57, Harris County, Texas, and being Situated on Fairlake Lane near Covecrest Drive 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 one parcel of land required for the project

SUBJECT:  An ordinance for the 315 COVEVIEW ROADSIDE DITCH IMPROVEMENTS PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

RECOMMENDATION: (Summary) An ordinance for the 315 COVEVIEW ROADSIDE DITCH IMPROVEMENTS 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 315 COVEVIEW ROADSIDE DITCH IMPROVEMENTS PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation. 

315 COVEVIEW ROADSIDE DITCH IMPROVEMENTS PROJECT (the “Project”) provides for professional engineering services and construction to address necessary local storm water drainage system improvements citywide. It also addresses certain large-scale storm water drainage system construction repairs. The project is required to investigate and resolve existing localized storm water drainage problems reported by citizens.

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 315 COVEVIEW ROADSIDE DITCH IMPROVEMENTS PROJECT.

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

_________________________________

Randall V. Macchi

Chief Operating Officer

Houston Public Works

M-MAO126-1701-2

Ordinance 2023-0175, passed March 8, 2023

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