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 Clinton Drive Reconstruction Project (from Port of Houston  Gate 8 to IH-610); authorizing the acquisition of fee simple title interest in or easement to seventeen parcels of land required for the project and situated in the John Brown Survey, A-8, in  Harris County, Texas, said parcels of land being out of property located along the northerly and southerly lines of Clinton Road 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 easement to the seventeen parcels of land required for the project - DISTRICTS B - DAVIS; H - GONZALEZ and I - GALLEGOS

SUBJECT:  Recommendation that an ordinance for the CLINTON DRIVE RECONSTRUCTION PROJECT (from Port of Houston Gate 8 to IH-610) be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation, WBS  N-000787-0001-2-01.

RECOMMENDATION:  (Summary)   An ordinance for the CLINTON DRIVE RECONSTRUCTION PROJECT (from Port of Houston Gate 8 to IH-610) be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

SPECIFIC EXPLANATION:

The Department of Public Works and Engineering is requesting that an ordinance for the CLINTON DRIVE RECONSTRUCTION PROJECT (from Port of Houston Gate 8 to IH-610) be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.  This project is for the reconstruction and improvement of Clinton Drive to improve existing drainage, traffic flow/circulation and reduce congestion.  This joint project with TxDOT and Harris County consists of the removal of the original four lane asphalt roadway and replacement with a  four lane concrete divided roadway with storm sewers, water and sanitary sewer improvements, sidewalks, pavement markings and necessary underground utilities. 

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 CLINTON DRIVE RECONSTRUCTION PROJECT (from Port of Houston Gate 8 to IH-610).

Nancy P. Collins

Phone: (832) 395-3130

Senior Assistant Director – Real Estate