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 Post Oak Boulevard Project; authorizing the acquisition, by gift, dedication, purchase, or eminent domain proceedings, of the fee simple title or street easements in and to thirteen parcels of land required for the project and situated in the William White 1/3 League Survey, Abstract No. 836, Harris County, Texas, said parcels of land being located along the east and west lines of Post Oak Boulevard in Houston, Harris County, Texas; authorizing payment of the costs of such acquisitions, including the purchase prices for the property interests and costs associated with relocation assistance, appraisals, title policies/services, recordation of instruments, and eminent domain proceedings; ratifying a Public Improvement Development Agreement among the City of Houston, Texas, Uptown Development Authority, and Reinvestment Zone Number Sixteen, City of Houston, Texas - DISTRICT G - PENNINGTON

TAGGED BY COUNCIL MEMBERS DAVIS and KUBOSH

This was Item 35 on Agenda of December 9, 2015

SUBJECT: An ordinance finding and determining public convenience and necessity for the acquisition of 13 real property interests (of 34 needed for the project) by gift, dedication, purchase or eminent domain proceedings in connection with the public improvement project known as the Post Oak Boulevard project 

RECOMMENDATION: (Summary)
City Council adopt an ordinance finding and determining public convenience and necessity for the acquisition of 13 real property interests (of 34 needed for the project) by gift, dedication, purchase or eminent domain proceedings in connection with the public improvement project known as the Post Oak Boulevard project
 

SPECIFIC EXPLANATION:
The Post Oak Boulevard project (the “Project”) is a public improvement project designed and constructed by the Uptown Development Authority (the “Authority”) for the improvement of traffic flow and pedestrian safety and access on Post Oak Boulevard in the Uptown area of the City, which will include six lanes for general traffic and a bi-directional bus service operating in dedicated bus lanes in an expanded median on Post Oak Boulevard. The Project necessitates the acquisition of fee simple title or street easements to certain parcels of land that are necessary for the construction, use, maintenance and operation of the Project.

This action finds a public necessity for the Project; approves and authorizes the acquisition, by gift, dedication, purchase or eminent domain proceedings, of fee simple title or street easements in and to the parcels of land required for the Project; authorizes payment of the costs associated with these acquisitions, including purchase price, relocation assistance, appraisals, title policies/services, recording fees and other costs; and ratifies a public improvement development agreement among Reinvestment Zone Number Sixteen, City of Houston, Texas (Uptown Zone), the Authority and the City relating to the development and implementation of the Project (the “Agreement”). If negotiations to acquire fee simple title or street easements in and to the parcels of land required for the Project 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 fee simple title or street easements for said purposes, authorizes payment for the Award of Special Commissioners and court costs associated with condemnation proceedings, and authorizes the City Attorney to retain special counsel to assist in the acquisition. All costs of acquisitions associated with the Project will be paid by the Authority pursuant to the Agreement.

cc: Marta Crinejo, Agenda Director
Anna Russell, City Secretary
Donna Edmundson, City Attorney
Gary Dzierlenga, Senior Assistant City Attorney

No funding required