Title
Consider/Discuss/Act on a Resolution Authorizing the Execution of Documents for the Acquisition of Right-of-Way/Easements and the Consideration of the Use of Eminent Domain to Condemn Property for the Alma Road Completion Project along Alma Road Northbound from Stacy Road to Fire Station #8 and along Silverado Trail from Alma Road East to Comstock Elementary School.
Summary
MEETING DATE: November 1, 2011
DEPARTMENT: Development Services/Engineering
CONTACT: Jack Carr, PE, Director of Engineering
RECOMMENDED CITY COUNCIL ACTION:
• Approval of Resolution using a motion in a form substantially similar to the following:
“I move that we approve this item as written and authorize the use of the power of eminent domain to acquire all necessary right-of-way and easements from the property owners, labeled 1 through 7, indicated on the attached property locator map for the Alma Road Completion Project.”
ITEM SUMMARY:
• This item provides authority to the City Manager to execute documents for the acquisition of right-of-way (ROW) and drainage easements (DE); and the use of Eminent Domain to condemn property to complete the northbound lanes along Alma Road from Stacy Road to Fire Station #8 and along Silverado Trail eastward from Alma Road to Comstock Elementary School.
BACKGROUND INFORMATION:
• The City of McKinney Capital Improvements Program includes the completion of the northbound lanes of Alma Road from Stacy Road to Fire Station #8 and Silverado Trail from Alma Road to Comstock Elementary School.
• According to preliminary construction plans, the City will need to acquire the estimated right-of-way and easements from the following property owners (see attached exhibit):
1. Tom Tineral: (Alma) 0.918 acres right-of-way (ROW); 0.310 acres drainage easement (DE).
2. McKinney Parkway Properties: (Alma) Part 1- 0.167 acres ROW; (Alma) Part 2 - 0.136 acres ROW, 0.300 acres DE.
3. Crown Communications: (Alma) Part 1- 0.007 acres ROW, 0.008 acres DE; (Alma) Part 2 - 0.020 acres ROW, 0.018 acres DE.
4. Jo Ann Bell Real Estate LTD: (Alma) Part 1- 0.445 acres ROW, 0.050 acres DE; (Silverado) Part 2- 0.688 acres ROW.
5. Kenneth E. Day: (Alma & Silverado) 0.508 acres ROW.
6. Gammon Partners, I, L.P. - (Alma and Silverado) 2.177 acres ROW, 0.594 acres DE. Proposed dedication.
7. Standard Pacific of Texas, Inc. - Proposed dedication by plat.
• Senate Bill 18 (SB 18) was passed into law during the Texas 82nd Regular Legislative Session and became effective September 1, 2011. The Bill will have 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 resolution authorizing the initiation of a condemnation proceeding may be adopted for all units (parcels) of property to be condemned, if:
1. 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.
2. If more than one member of the City Council objects to adopting a single ordinance or resolution by a record vote, a separate record vote must be taken for each unit of property.
3. For purposes of a separate record vote, should two or more units of real property be owned by the same person, the City may treat those properties as one unit.
FINANCIAL SUMMARY:
• Funds for the right-of-way and easement acquisitions are available in ST9114.
BOARD OR COMMISSION RECOMMENDATION:
• N/A