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Content from our friends over at The Collin County Observer

Monday, August 24, 2009

Collin County fined for selling McKinney courthouse

Citing state law, the Texas Historical Commission fined Collin County $1,000.

Photo, taken 2009-08-24 10:55:19

The Texas Historical Commission is mad at Collin County for selling the old McDonald St. Court House to the City of McKinney. You see, the Historical Commission is charged by law to preserve historic courthouses.

While the county commissioners might not think of the 1979 building as "historic," and the City of McKinney obviously does not (they are planning to demolish the building), the Historical Commission disagrees.

The Historical Commission has characterized the old six-story cube as a, "good example of a modern form of architecture known as Brutalism which is gaining notoriety and appreciation among architects and historic preservationists."

Regardless of the historical sensibilities of the state commission, the property has already been sold to McKinney, and now the commission has its revenge.

Citing state law, the historical commission notes (PDF):

Texas Government Code § 442.008 (a) provides as follows: County Courthouses. “(a) A county may not demolish, sell, lease, or damage the historical or architectural integrity of any building that serves or has served as a county courthouse without notifying the commission of the intended action at least six months before the date on which it acts.”



Texas Government Code § 442.011 provides as follows: “Penalty. A person who violates this chapter is subject to a civil penalty of not less than $50 nor more than $1,000 for each day of violation.”

The Texas Historical Commission then levied a $1,000 fine against the county for violating 442.008.

On Monday morning, the Commissioner's Court will ratify a contract agreeing to the plea bargain and accepting the fine.

The Collin County Observer
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toddiuszho, says:

It says $1000 PER DAY. So why aren't they fined $1000/day until they reacquire it? A flat $1000 does NOTHING to dissuade the sale ... just the "cost of doing business"

Anonymous

6 months, 4 weeks ago
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Christin Richard, says:

I have to agree, Todd. I drew the same conclusion from the story.

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6 months, 4 weeks ago
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Pavel Lishin, says:

I forget what the term for this phenomenon is, but I've run into the term "brutalism" so often lately.

And how do you define the days of violation? Is it $1000 a day, forever? Until the building is torn down? Until it's returned? What.

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6 months, 4 weeks ago
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Bill Baumbach, says:

My guess is that the Historical Commission wasn't too awfully gung-ho about Brutalism , but they did want to make their point.

A $50 minimum fine for 6 months is over $9,000. I suppose the commission and county simply negotiated and plea bargained down. Since it is a civil (administrative) penalty, no judge is required to sign off on the deal.

Bill Baumbach

The Collin County Observer

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6 months, 4 weeks ago
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alexander troup, says:

You know ignorant folk's, who cant recall when they were born into this world or look around an notice the beauty of what makes this a great place, need to be ..sent out into the fields and pick a weeks worth of cotton....then they will know what made this state what it is.....A/T, Cotton picking dummy, and you cant fix stupid,,,

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6 months, 3 weeks ago
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