Title
Consider/Discuss/Act on a Resolution Authorizing the Execution of Documents for the Acquisition of Easements and the Consideration of the Use of Eminent Domain to Condemn Property for the Construction of Utility Lines for the Redbud Pump Station Transmission Lines Project Commencing in the Vicinity of the Future Redbud Pump Station Generally Located to the South of Bloomdale Road in the Vicinity of Redbud Boulevard and Continuing East to Approximately McDonald Street (SH 5)
Summary
COUNCIL GOAL: Direction for Strategic and Economic Growth
MEETING DATE: December 19, 2017
DEPARTMENT: Development Services / Engineering
CONTACT: Michael Hebert, PE, Assistant Director of Engineering
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 approve this item as written and authorize the use of the power of eminent domain to acquire all necessary easements from property owners, generally indicated on the attached property locator map, for the construction of utility lines generally known as the Redbud Pump Station Transmission Lines Project.”
ITEM SUMMARY:
• This item provides authority to the City Manager to execute documents for the acquisition of utility easements (UE) and temporary construction easements (TCE); and the use of eminent domain to condemn property to complete the construction of a portion of the Redbud Pump Station Transmission Lines Project commencing in the vicinity of the future Redbud Pump Station located to the south of Bloomdale Road in the vicinity of Redbud Boulevard and continuing east to approximately McDonald Street (SH 5).
BACKGROUND INFORMATION:
• The City of McKinney Capital Improvements Program includes funds needed for the construction of water transmission lines which are necessary to provide additional pumping and storage capacity for the City’s growing population and businesses.
• The Redbud Pump Station Transmission Lines Project, consists of approximately 5,300 linear feet of new 54-inch diameter water main to connect to the future Redbud Pump Station.
• The City has been unable to acquire all the necessary easements in order to commence construction of the project.
• This agenda item provides authority to the City Manager to execute documents for the acquisition of easements and to take all necessary steps to acquire property rights in order to construct the Redbud Pump Station Transmission Lines Project.
• The City still needs to acquire permanent and temporary construction easements from two property owners (see attached project locator map).
• One of the two remaining property owners has been uncooperative and non-responsive since initiating contact. The property owner’s rejection of the City’s offer to purchase was communicated to staff by a representative of the property owner.
• The second remaining property owner sent a counteroffer to staff, via email. Said counteroffer did not include any documentation in support of their request for a higher valuation and total compensation. The property owner was asked to submit an appraisal or other documentation in support of their counteroffer for staff to review and consider in order to justify a higher settlement amount.
• As previously presented to Council, Senate Bill 18 (SB 18) was passed into law during the Texas 82nd Regular Legislative Session and became effective September 1, 2011. The Bill created the following impacts on negotiations and the eminent domain practices of the City:
o The Truth in Condemnation Procedures Act states that a governmental entity must authorize the initiation of a condemnation proceeding at a public meeting and must be approved by a record vote.
o The Act also requires the governmental entity to include in the notice for the public meeting, “the consideration of the use of eminent domain to condemn property” as an agenda item.
o Under the Act, a single ordinance or resolution authorizing the initiation of the condemnation proceeding may be adopted for all units (parcels) of property to be condemned for a utility line from point to point, along a general area/route without identifying a list of specific parcels.
o The required motion (as provided above) indicates that the first record vote applies to all units of property to be condemned. If action is taken as a single vote, the minutes of the meeting must reflect that the first vote applies to all units.
FINANCIAL SUMMARY:
• Funds for easement acquisitions are available in WA1624.
BOARD OR COMMISSION RECOMMENDATION: N/A