ORDINANCE finding and determining public convenience and necessity for the acquisition of real property interests in connection with the public improvement project known as Spellman Detention Basin Project; authorizing the acquisition of fee simple interest to three parcels of land required for the project and situated in the Demas Elliot Survey, Abstract No. 107, and the B.B.B. & C. R.R. Survey, Abstract No. 180, in Harris County, Texas, said parcels of land being located along West Bellfort Avenue, adjacent to the Fondren Diversion Channel, and north of Willow Waterhole, 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 interest to the three parcels of land required for the project; declaring the city’s intent to seek reimbursement from the U.S. Department of Housing and Urban Development (HUD) - DISTRICT K - CASTEX-TATUM

SUBJECT: An ordinance for the SPELLMAN DETENTION BASIN PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

RECOMMENDATION: (Summary) An ordinance for the SPELLMAN DETENTION BASIN PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

SPECIFIC EXPLANATION:

This project requires the acquisition of three tracts of land, in fee, for the SPELLMAN DETENTION BASIN PROJECT (the Project).  The Project is located near the 6400 block of West Bellfort Avenue and adjacent to the Fondren Diversion Channel north of Willow Waterhole.  The detention basin has a proposed maximum volume of 208 acre-feet, which will help mitigate flood risk to residential and commercial structures in the Willow Waterhole Bayou drainage area of the Brays Bayou watershed. 

The Project will utilize funding assistance from the U.S. Department of Housing and Urban Development (HUD) under the Community Development Block Grant (CDBG-DR15) program.  These funds are administered by the City’s Housing and Community Development Department (HCDD). HCDD has requested the Release of Funds from HUD and has received the Authority to Use Grant Funds (AUGF).  Real estate acquisition costs and expenditures for the Project will come from the Dedicated Drainage and Street Renewal Capital Fund-Ad Valorem Tax (Fund 4046) and will cause a transfer of funds from the Dedicated Drainage and Street Renewal Fund-Ad Valorem Tax (Fund 2311) when expenditures are presented for payment.  The reimbursement to the City of such eligible expenditures, costs, and bills for the Project will be deposited into Fund 2311 and expenditures will be reimbursed by CDBG-DR15 funds once the Letter of Agreement (LOA) between HCDD and HPW for the Project has been executed.   

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 SPELLMAN DETENTION BASIN PROJECT.

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Tom McCasland, Director

Housing and Community Development Department

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Carol Ellinger Haddock, P.E., Director

Houston Public Works

WBS No. M-420HUD-005A-2

Ordinance 2019-931, passed November 20, 2019

No additional funding required. (Funds were appropriated under Ordinance 2019-931)

Marjorie L. Cox

Assistant Director – Real Estate Services

Phone: (832) 395-3130