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 easement acquisitions for the 108-inch Water Line Project (from Vickery Drive to Milner Road); authorizing the acquisition of fee simple or easement interest to five parcels of land required for the project and situated in the W.C.R.R Co. Survey, Abstract No. 934, in  Harris County, Texas, said parcels of land being located along the west line of Vickery Drive, along the north line of Cross Continents Drive, along the southeasterly line of Interwood North Parkway and out of tracts of land located north of Cross Continents Drive and east of Interwood North Parkway, between Vickery Drive and Milner 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 or easement interest to the five parcels of land required for the project - DISTRICT B - DAVIS

SUBJECT: Recommendation that an ordinance for the EASEMENT ACQUISITIONS FOR 108-INCH WATER LINE FROM VICKERY DRIVE TO MILNER ROAD PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

RECOMMENDATION:  (Summary)

An ordinance for the EASEMENT ACQUISITIONS FOR 108-INCH WATER LINE FROM VICKERY DRIVE TO MILNER ROAD PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

SPECIFIC EXPLANATION:

The EASEMENT ACQUISITIONS FOR 108-INCH WATER LINE FROM VICKERY DRIVE TO MILNER ROAD PROJECT provides for the design and construction of transmission and distribution lines to convey treated water from surface water facilities.  This project is part of the City’s regionalization program and is in compliance with the Harris-Galveston Subsidence District requirement to implement the City’s long range water supply plan.  The subject water line easement parcels are needed for the Northeast Transmission Line segment of the program.  The parcels required for this segment of the water line are being submitted as two separate blocks: Block A (from Vickery Drive to Interwood N. Parkway) and Block B (from John F. Kennedy Blvd to Milner Road), with Block B to be submitted at a future time.  A recommendation for ordinance will be submitted to City Council covering the remaining parcels (Block B) at a later date.

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 EASEMENT ACQUISITIONS FOR 108-INCH WATER LINE FROM VICKERY DRIVE TO MILNER ROAD PROJECT.

Ordinance 2014-307, passed April 16, 2014

Nancy P. Collins                

Senior Assistant Director – Real Estate

Planning and Development Services Division

Phone: (832) 395-3130

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Dale A. Rudick, P.E., Director

Department of Public Works and Engineering