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 Wastewater Force Main Renewal and Replacement for Stroud Lift Station Project; authorizing the acquisition of temporary construction easements in two parcels of land required for the Project and situated in the David Hansen Survey, Abstract No. 381, in Harris County, Texas, said parcels of land being located along the east and west lines of the West Sam Houston Parkway South, between Bellaire Boulevard and Brays Bayou 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 temporary construction easements in two parcels of land required for the project - DISTRICTS F - LE and J - LASTER

SUBJECT:  Recommendation that an ordinance for the WASTEWATER FORCE MAIN RENEWAL AND REPLACEMENT FOR STROUD LIFT STATION PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

WBS  R-000035-006A-2

RECOMMENDATION:  (Summary)

An ordinance for the WASTEWATER FORCE MAIN RENEWAL AND REPLACEMENT FOR STROUD LIFT STATION 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 WASTEWATER FORCE MAIN RENEWAL AND REPLACEMENT FOR STROUD LIFT STATION PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.  No funding is required for this action.  Funding was previously appropriated under Ordinance 2009-706 for this project.   

This project is a part of the City’s ongoing program to upgrade, rehabilitate, replace, consolidate or divert wastewater lift stations throughout the City.  It provides for design and construction of the required improvements, including structural, mechanical and electrical components at the lift stations.

 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 WASTEWATER FORCE MAIN RENEWAL AND REPLACEMENT FOR STROUD LIFT STATION PROJECT.

Fiscal Note:

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

Nancy P. Collins

Senior Assistant Director - Real Estate

Phone:  (832) 395-3130

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Dale A. Rudick, P.E., Director

Department of Public Works and Engineering