File #: 20-0764    Name: E Louisiana Public Parking Project - Eminent Domain Authorization
Type: Resolution Status: Regular Agenda Item
In control: City Council Regular Meeting
On agenda: 9/1/2020 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 East Louisiana Public Parking Project and Said Certain Properties are Legally Known as Lots 1, 2A, 2C & 3 of the Andrews Addition and Lot/Outlots 1A and 1B of the George A Wilson Addition, an Addition to the City of McKinney, Collin County Texas Generally Located Between East Louisiana Street and Anthony Street and Authorizing the City Manager to Establish Procedures for Acquiring the Properties 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
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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 East Louisiana Public Parking Project and Said Certain Properties are Legally Known as Lots 1, 2A, 2C & 3 of the Andrews Addition and Lot/Outlots 1A and 1B of the George A Wilson Addition, an Addition to the City of McKinney, Collin County Texas Generally Located Between East Louisiana Street and Anthony Street and Authorizing the City Manager to Establish Procedures for Acquiring the Properties 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:                     Direction for Strategic and Economic Growth

                     

MEETING DATE:                     September 1, 2020

 

DEPARTMENT:                      Development Services / Engineering

 

CONTACT:                       Gary Graham, PE, PTOE, 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, 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 properties in fee simple from the owner of the properties depicted on and described by metes and bounds attached to said Resolution, said depiction and description being incorporated in their entirety into this motion for all purposes associated with the East Louisiana Public Parking 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 generally located between East Louisiana Street and Anthony Street in the City of McKinney (the Property) to construct future improvements associated with the East Louisiana Public Parking Project (the Project).

 

BACKGROUND INFORMATION:

 

                     On March 18, 2008, following months of public input and participation, the McKinney City Council voted unanimously to approve the Town Center Study Phase 1 Report. Since that time, the City has worked to implement the vision created by the Town Center Study through the creation of the McKinney Town Center Form Based Code, the creation of the Downtown TIRZ District and numerous other programs and incentives.

                     One of the foundational concepts of the Town Center Study is the extension of the vibrancy and economic success of McKinney’s downtown square across Highway 5 and into the district surrounding the historic flour mill.

                     As part of the City of McKinney’s ongoing efforts to revitalize the district east of Highway 5, the City has recognized the need for additional public parking. 

                     The district will be home to the new municipal complex and has the potential for significant commercial and residential development through the adaptive reuse and/or redevelopment of aging industrial properties.

                     The City of McKinney Capital Improvement Projects includes the acquisition of land associated with the project to construct the East Louisiana Public Parking lot.

                     The property located generally between East Louisiana Street and Anthony Street has been identified as a property to be acquired for the East Louisiana Public Parking Project.

                     Appraisals have been commissioned to determine the fair market value of the land and existing improvements.

 

                     The appraiser contacted the property owner and informed the property owner of the proposed acquisition by the City.  The appraisers were granted permission to enter the premises to conduct their appraisal inspection.

                     The City will attempt to amicably acquire the necessary property rights from the landowner voluntarily through negotiations prior to filing an action in Eminent Domain.

 

FINANCIAL SUMMARY: 

                     A request will be made to the Tax Increment Reinvestment Zone #1 Board for funds for the property acquisition.

 

BOARD OR COMMISSION RECOMMENDATION:

                     N/A