R-886-10-88RESOLUTION NO. 886-10-88(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, AUTHORIZING AND DIRECTING THE
CITY MANAGER TO ENTER A PLEA OF APPEAL IN THE NAME OF
THE CITY OF ALLEN, OF THE AMOUNT OF DAMAGES AWARDED
IN THE DECISION OF SPECIAL COMMISSIONERS ON THE 16TH
DAY OF SEPTEMBER, 1988, IN THE CONDEMNATION PROCEED-
INGS OF THE CITY OF ALLEN, TEXAS, VS. JOE B. YOUNG, INC.
WHEREAS, in the opinion of the City Council, the City of Allen has, in
the most efficient manner established the future right-of-way alignment for
McDermott Drive; and,
WHEREAS, the City of Allen has engaged independent fee appraisers to
establish a fair price for the taking of right-of-way along abutting property
owners; and,
WHEREAS, the City of Allen has conscientiously pursued purchase of the
additional right-of-way at a fair price based upon appraisals; and,
WHEREAS, the owners of the subject property have refused the City's
offer to purchase the right-of-way at a fair price; and,
WHEREAS, the City of Allen exhausted all efforts to purchase the right-
of-way at a fair price; and,
WHEREAS, the City of Allen in accordance with State law filed a
petition of condemnation proceedings on the fourth day of May, 1988; and,
WHEREAS, a hearing was held on September 16, 1988, by Special Com-
missioners appointed by the Judge of the 219th Judicial District Court of
Collin County, Texas; and,
WHEREAS, the Special Commissioners awarded damages to the defendant,
Joe B. Young, Inc., in an amount considered by the City Council of the City
of Allen, Texas, to be excessive and far greater than a fair price based upon
evaluations;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT:
SECTION 1: The City Manager is hereby authorized and directed to
enter a plea of appeal in the name of the City of Allen to the District Court
of Collin County, Texas, of the amount of damages awarded in the decision of
Special Commissioners on the 16th day of September, 1988, in the condemna-
tion proceedings of the City of Allen, Texas vs. Joe B. Young, Inc.
RESOLUTION NO. 886-10-88(R)
PAGE 2
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 20TH DAY OF OC-
TOBER, 1988.
APPROVED:
4.& Farmer, MAYOR
ATTEST:
Marty Hendrix, CMC, CITY SECRETARY