File #: 22-0110    Name: Municipal Complex ED - Tori Rose Land Inc
Type: Resolution Status: Regular Agenda Item
In control: City Council Regular Meeting
On agenda: 2/1/2022 Final action:
Title: Consider/Discuss/Act on Adoption of a Resolution Determining a Public Necessity to Acquire Certain Properties (in Fee Simple) for Public Use by Eminent Domain and Associated with the Municipal Complex Project and Said Certain Properties are Identified as Block 3 Lot 4 and Block 6 Lots 1R, 7 & 8 of the H&TC Railroad Addition Generally Located Along Main Street Between Lamar Street and 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
Attachments: 1. Resolution, 2. Location Map

Title

Consider/Discuss/Act on Adoption of a Resolution Determining a Public Necessity to Acquire Certain Properties (in Fee Simple) for Public Use by Eminent Domain and Associated with the Municipal Complex Project and Said Certain Properties are Identified as Block 3 Lot 4 and Block 6 Lots 1R, 7 & 8 of the H&TC Railroad Addition Generally Located Along Main Street Between Lamar Street and 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:                     February 1, 2022

 

DEPARTMENT:                      Development Services / Engineering

 

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 properties depicted on and described by metes and bounds 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 located along Main Street between Lamar Street and East Virginia Street in the City of McKinney and identified as Block 3 Lot 4 and Block 6 Lots 1R, 7 & 8 of the H&TC Railroad Addition 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 properties are amongst several properties that have been identified to be acquired for the Municipal Complex Project.

                     All three properties are owned by the same property owner.  The property owner has been informed of the downtown redevelopment project and necessity for the acquisition of the properties.

                     An appraisal was commissioned to determine the fair market value of the properties to be acquired.

                     An offer to purchase the properties was extended to the property owner and rejected.

                     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