Title
Consider/Discuss/Act on Adoption of a Resolution Determining a Public Necessity to Acquire Certain Property (in Fee Simple) for Public Use by Eminent Domain and Associated with the Municipal Complex Project and Said Certain Property is Identified as Block 7, Lots 10B, 11B and 12B in the H&TC Railroad Addition an Addition to the City of McKinney and Commonly Known as 208 Main Street and Generally Located on the East Side of Main Street North of East Virginia Street and Authorizing the City Manager to Establish Procedures for Acquiring the Property in Fee Simple, and Take All Steps Necessary to Acquire the Needed Property Rights in Compliance with all Applicable Laws and Resolutions
Summary
COUNCIL GOAL: Operational Excellence
(2B: Balance available resources to accommodate the growth and maintenance needs of the city.)
MEETING DATE: March 1, 2022
DEPARTMENT: City Manager’s Office / City Attorney’s Office
CONTACT: Barry Shelton, Assistant City Manager
Mark S. Houser, City Attorney
RECOMMENDED CITY COUNCIL ACTION:
• Approval of Resolution using a motion in a form substantially similar to the following:
“I move that the City of McKinney, Texas, City Council approve this item as written and adopt the Resolution described in this agenda item and authorize the use of the power of eminent domain to acquire for public use the necessary property in fee simple from the owner of the property depicted on and described by the legal description attached to said Resolution, said depictions and descriptions being incorporated in their entirety into this motion for all purposes associated with the Municipal Complex Project.”
• A roll call vote is required for this item.
ITEM SUMMARY:
• This Resolution provides authority to the City Manager to execute documents for the acquisition of property rights and the use of Eminent Domain to condemn property identified as Block 7, Lots 10B, 11B and 12B in the H&TC Railroad Addition, an Addition to the City of McKinney and Commonly Known as 208 Main Street and generally located on the east side of Main Street north of E. Virginia Street to construct future improvements associated with the Municipal Complex Project.
BACKGROUND INFORMATION:
• The City of McKinney Capital Improvement Projects includes the acquisition of land associated with the Municipal Complex Project FC1707.
• The subject property is amongst several properties that have been identified to be acquired for the Municipal Complex Project.
• An appraisal was commissioned to determine the fair market value of the property to be acquired.
• The property owner has been non-responsive to numerous requests to discuss the necessity of the acquisition of the subject property for the downtown redevelopment project.
• The City will continue to attempt to amicably acquire the necessary property rights from the landowner voluntarily through negotiations prior to filing an action in Eminent Domain.
FINANCIAL SUMMARY:
• Funds for the property acquisition are available in the FC1707.
BOARD OR COMMISSION RECOMMENDATION:
• N/A