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 Bayou Greenway 2020 Project (on Halls Bayou from Confluence Street to Jensen Drive, on Greens Bayou from Northborough to Greens/Gears Road, on Sims Bayou from Buffalo Speedway to S. Post Oak and on Hunting Bayou from Hutcheson to Leeland Park); authorizing the acquisition of Fee Simple Title in or permanent easements to fifty-four parcels of land required for the project and situated in the Eli Noland Survey, Abstract No. 600, the Malcolm B. Terrell Survey, Abstract No. 772, the B.B.B. & C.R.R. Survey, Abstract No. 174, the Wyley Smith Survey, Abstract No. 711, the James Bailey Survey, Abstract No. 145, the H.S. Bachelder Survey, Abstract No. 147 and the William P. Harris and Robert Wilson Survey, Abstract No. 32, in Harris County, Texas, said parcels of land being located along Halls Bayou from Confluence Street to Jensen Drive, Greens Bayou from Northborough to Greens/Gears Road, Sims Bayou from Buffalo Speedway to S. Post Oak and Hunting Bayou from Hutcheson to Leeland Park 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 Title Interest in or permanent easement to the fifty-four parcels of land required for the project - DISTRICTS B - DAVIS and K - GREEN

The Bayou Greenway 2020 project (BG2020) consists of the acquisition, design and construction of connector trails and related greenways along nine bayous, resulting in approximately 150 miles of interconnected hike and bike trails and greenways throughout the City and eventually impacting every Council district. The Project will be completed in multiple phases according to an approved project schedule included in the previously approved Inter-local Agreement between the City and the Houston Parks Board LGC, Inc. (“the HPBLGC”).  All construction plans, trail alignments and design of trail related facilities are subject to the approval of the Houston Parks and Recreation Department (HPARD). Construction contracts are subject to approval by City of Houston Legal and General Services Departments.

Pursuant to the BG2020 Inter-local Agreement (ILA) approved by City Council on June 26, 2013, the City designated HPBLGC to manage the acquisition of real property to complete the project. If good-faith efforts by HPBLGC to acquire property through voluntary transactions are unsuccessful, the ILA further allows HPBLGC to request the Director of HPARD to recommend, by action of City Council, the acquisition of property through the City’s power of eminent domain. HPBLGC has completed voluntary transactions to acquire the majority of the land needed and is now requesting the proposed Ordinance. The recommended Ordinance starts a formal process of acquisition to assist HPBLGC in the acquisition of remaining parcels on Halls Bayou from Confluence Street to Jensen Drive, Greens Bayou from Northborough to Greens/Gears, Sims Bayou from Buffalo Speedway to S. Post Oak and Hunting Bayou from Hutcheson to Leeland Park. There are no homes located on the parcels included in the proposed Ordinance.

If Council approves the Ordinance, condemnation will be pursued as the last resort and all property owners would be paid fair market value. Funding for all costs involved in the acquisition of the land needed for the project will be provided by the HPBLGC, using Private Commitment funds as outlined in the ILA. Land acquisition costs to be paid by the HPBLGC include, but are not limited to, the costs of purchases or, if necessary, eminent domain proceedings, relocation assistance expenses, appraisal fees, title policies/services, recording fees, court costs, expert witness, professional consultant and litigation counsel fees, special commissioners’ awards and final judgments in eminent domain.

Council approval is recommended.