City Council previously approved an ordinance approving and authorizing a professional services agreement between Husch Blackwell LLP (the “Firm”) and the City of Houston “Original Agreement”) providing a maximum contract amount of $275,000.00 to consult with and represent the City, as needed, in the condemnation proceeding styled City of Houston v. Paul S Radich, et al., Cause No. 1181389, in Harris County Civil Court at Law No. 2 and represent the City, as needed for the Windermere Outfall Repair Project. Ordinance No. 2023-0407 was amended by ordinance 2024-0519 to increase the maximum contract amount from $275,000.00 to $650,000.00.
The Original Agreement expired on June 15, 2025 before completion of the professional legal services required by the Agreement. The Windermere Outfall Repair Project has also required that the City file condemnation litigation for an additional parcel of land with a different landowner. The second lawsuit filed is City of Houston v. Aslam and Nuzhat Hasnain, et al., Cause No. 1221678, County Civil Court at Law No. 1. Both condemnation proceedings have been highly contentious, with numerous motions filed and court hearings conducted and the necessity for the City to obtain a Temporary Restraining Order for City personnel to access the properties for surveying and appraisal purposes. Both matters are anticipated to proceed to a 3-4 day jury trial sometime in 2025 or 2026.
Additionally, the Firm is now representing the City in negotiations and real estate research related to the likely condemnation of City parkland by Harris Health/Harris County for the expansion of the Ben Taub Medical Center.
Going forward the Firm will be expected to perform the following:
- Conducting a three to four-day jury trial in the Radich matter and the Hasnain matter, including pretrial filings and pretrial motions in both matters,
- Conducting discovery and depositions in the Hasnain matter,
- Filing and defending motions in the Hasnain matter, and
- Representing the City in negotiations with and possible condemnation by Harris County for Harris Health.
The City Attorney recommends the approval of a new Professional Legal Services Contract in the maximum amount of $900,000.00 to complete the expected litigation matters. The Firm and its attorneys are experienced practitioners in representing government clients in condemnation matters, real estate transactions, and other complex litigation.
M/WBE Participation: The Office of Business Opportunity approved a 3% M/WBE participation goal for the Agreement to be met by the certified firm of Monty & Ramirez LLP. The Office of Business Opportunity will monitor this contract to ensure maximum M/WBE participation.
Fiscal Note: Funding for this item is included in the FY26 Budget. Therefore, no Fiscal Note is required as stated in the Financial Policies.
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Arturo G. Michel, City Attorney
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Jedediah Greenfield, Chief Procurement Officer