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 48-inch water line along Fuqua from Moers Road to Mykawa Road Project; authorizing the acquisition of fee simple title interest in or easement to one parcel of land required for the project and situated in the Joseph Hall Survey, Abstract No. 368 in Harris County, Texas, said parcel of land being located at the northwest corner of the intersection of Fuqua Street and Ballantine Street 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 one parcel of land required for the project - DISTRICT D - BOYKINS

SUBJECT: Recommendation that an ordinance for the 48-INCH WATER LINE ALONG FUQUA FROM MOERS ROAD TO MYKAWA ROAD PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

WBS  S-000900-0137-2-01

RECOMMENDATION:  (Summary)

An ordinance for the 48-INCH WATER LINE ALONG FUQUA FROM MOERS ROAD TO MYKAWA ROAD PROJECT 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 48-INCH WATER LINE ALONG FUQUA FROM MOERS ROAD TO MYKAWA ROAD PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.  This project is part of the Surface Water Transmission Program, which provides for the design and construction of transmission and distribution lines to convey treated water from surface water facilities.  This program is part of the City’s long range water supply plan.  This program is required to comply with the Harris-Galveston Subsidence District requirements and will implement the City’s regionalization plan.  No funding is required for this action.  Funding was previously appropriated under Ordinance 2014-307 for this project.

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 48-INCH WATER LINE ALONG FUQUA FROM MOERS ROAD TO MYKAWA ROAD PROJECT.

Fiscal Note:

There is no anticipated operations and maintenance impact associated with this action.

No funding required.

Nancy P. Collins               

Senior Assistant Director – Real Estate

Phone: (832) 395-3130

 _______________________________

Dale A. Rudick, P.E., Director

Department of Public Works and Engineering