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 Magnolia Point Internal Sanitary Sewer Improvements Project; authorizing the acquisition of fee simple or easement interest to three parcels of land required for the project and situated in the James H. Isbell Survey, Abstract No. 474, in Harris County, Texas, said parcels of land being located along the north line of White Oak Drive and the south line of Magnolia Point Drive, 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 three parcels of land required for the project - DISTRICT E - MARTIN

SUBJECT: Recommendation that an ordinance for the MAGNOLIA POINT INTERNAL SANITARY SEWER IMPROVEMENTS PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

WBS  R-000801-0015-2-01

RECOMMENDATION:  (Summary)

An ordinance for the MAGNOLIA POINT INTERNAL SANITARY SEWER IMPROVEMENTS 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 MAGNOLIA POINT INTERNAL SANITARY SEWER IMPROVEMENTS PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

This project, a part of the City’s ongoing program to provide sanitary sewer service to areas within the City limits currently on individual septic systems, is required to protect the water quality of the City of Houston surface water supply and surrounding waterways, and to promote residential development in currently unserved City neighborhoods. 

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 MAGNOLIA POINT INTERNAL SANITARY SEWER IMPROVEMENTS PROJECT.

Ordinance 2016-758, passed October 5, 2016

No additional funding required.

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