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File #: 17-466    Name: NTMWD Parkland Easements
Type: Ordinance Status: Approved
In control: City Council Regular Meeting
On agenda: 5/2/2017 Final action: 5/2/2017
Title: Conduct a Public Hearing to Consider/Discuss/Act on the Request by the North Texas Municipal Water District ("NTMWD") for a Grant by the City of McKinney of a Water Line Easement Under and Across Public Land Owned by the City that is Designated as Parkland, Which Parkland is Generally Located South of US 380 Between Airport Boulevard and New Hope Road, for the Construction and Installation of Water Transmission Lines for the Mutual Benefit of NTMWD and the Public and Accompanying Ordinance
Attachments: 1. Ordinance, 2. Location Map, 3. Presentation

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Conduct a Public Hearing to Consider/Discuss/Act on the Request by the North Texas Municipal Water District (“NTMWD”) for a Grant by the City of McKinney of a Water Line Easement Under and Across Public Land Owned by the City that is Designated as Parkland, Which Parkland is Generally Located South of US 380 Between Airport Boulevard and New Hope Road, for the Construction and Installation of Water Transmission Lines for the Mutual Benefit of NTMWD and the Public and Accompanying Ordinance

 

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COUNCIL GOAL:                     Operational Excellence

 

MEETING DATE:                     May 2, 2017

 

DEPARTMENT:                      Development Services/Engineering

 

CONTACT:                       Mark Hines, PE, Director of Engineering

                     Michael Hebert, PE, Assistant Director of Engineering

 

RECOMMENDED CITY COUNCIL ACTION:                     

                     Find that there is no feasible and prudent alternative to NTMWD’s use of such City-owned parkland to extend the required water transmission lines.

                     Find that NTMWD’s project includes all reasonable planning to minimize harm to the land, as a park, resulting from such use or taking.

                     Approve the accompanying ordinance. 

 

ITEM SUMMARY: 

                     The North Texas Municipal Water District has requested that the City allow it to use portions of City designated parkland as permanent water line easements for the construction and installation of treated water transmission lines to provide treated water capacity to member cities and customers along the US HWY 380 corridor.  The requested easements are associated with two separate NTMWD pipeline projects:

o                     Proposed 24”/30” pipeline, from the McKinney No. 1 Delivery Point near Airport Boulevard to Princeton.

o                     Proposed 72” pipeline, to connect at the McKinney No. 1 delivery point near Airport Boulevard and travel north to the proposed City of McKinney No. 4 Delivery Point and Pump Station at Redbud Boulevard and Bloomdale Road (near US HWY 75).

 

                     The requested water line easements are generally located south of US 380 between Airport Boulevard and New Hope Road on City-owned Park Land, as generally depicted on attached Exhibit A.

 

                     State law as defined in Chapter 26, Protection of Public Parks and Recreational Lands, of the Texas Parks and Wildlife Code requires that:

o                     a municipality of this state may not approve any program or project that requires the use or taking of any public land designated and used prior to the arrangement of the program or project as a park unless the municipality, acting through its duly authorized governing body or officer, determines that:

1)                     there is no feasible and prudent alternative to the use or taking of such land; and

2)                     the program or project includes all reasonable planning to minimize harm to the land, as a park, resulting from the use or taking.

o                     A finding may be made only after notice and a hearing as required by this chapter.

 

                     Should Council approve the attached ordinance, NTMWD will compensate the City of McKinney the fair market value of the easements, as determined by an independent appraisal.

 

BACKGROUND INFORMATION: 

                     NTMWD studied five options and outlined the feasibility of each option based on route location, impacts to parkland, schedule impact and estimated total acquisition and construction costs.

 

                     Staff has reviewed the five options presented by NTMWD and recommends the approval of Option 5 and the attached ordinance.

 

                     NTMWD has agreed to reimburse the City for the cost of appraisals to determine the fair market value of the water line easements and the cost to advertise the public hearing in the newspaper.

 

SPECIAL CONSIDERATIONS:

                     This process is in accordance with the requirements of the Texas Parks and Wildlife Code, Sections 26.001, et seq., which requires newspaper advertising three consecutive times prior to the hearing as well as written notification to the City.

 

FINANCIAL SUMMARY:  None.

 

BOARD OR COMMISSION RECOMMENDATION:  None.