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 BUFFALO SPEEDWAY GRADE SEPARATION PROJECT from South Holmes Road to Willowbend; authorizing the acquisition of a permanent easement to 1 parcel of land required for the project and situated in the B.B.B. & C.R.R Company Survey, No. 1028, Abstract No. 179; in Harris County, Texas, said parcel of land being located along the northerly line of Holmes Road and south of the existing Buffalo Speedway Right-of-Way in Houston, Harris County, Texas, by gift, dedication, purchase and the use of eminent domain and further authorizing payment of the costs of such purchase 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 a permanent easement to the 1 parcel of land  required for the project - DISTRICT K - GREEN

SUBJECT: Recommendation that an ordinance for the BUFFALO SPEEDWAY GRADE SEPARATION (SOUTH HOLMES TO WILLOWBEND) be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.  

WBS N-000784-0002-2

RECOMMENDATION:  (Summary)

An ordinance for the BUFFALO SPEEDWAY GRADE SEPARATION (SOUTH HOLMES TO WILLOWBEND) 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 BUFFALO SPEEDWAY GRADE SEPARATION (SOUTH HOLMES TO WILLOWBEND) be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation. 

The scope of the project is to construct the Buffalo Speedway overpass railroad grade separation at Holmes Road and Union Pacific Railroad, with a connection to Holmes Road. 

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 BUFFALO SPEEDWAY GRADE SEPARATION (SOUTH HOLMES TO WILLOWBEND).

________________________________

Dale A. Rudick, P.E., Director

Department of Public Works and Engineering

Ordinance 2015-155, passed February 18, 2015

No funding required.

Nancy P. Collins

Senior Assistant Director - Real Estate

Phone:  (832) 395-3130