HomeMy WebLinkAboutR2016-003RESOLUTION NO, R2O16 -003
APPROVE A RESOLUTION OF THE CITY COUNCIL, CITY OF DENTON, TEXAS,
STATING THE CONDITIONS AND CIRCUMSTANCES FOR THE SALE OF 1224 N.
BONNIE BRAE ST., DENTON, DENTON COUNTY, TEXAS, TO JOSE ALFREDO RIVAS
AND THE PUBLIC PURPOSE ACHIEVED BY SAID SALE AS REQUIRED BY LOCAL
GOVERNMENT CODE SECTION 272.001(k); AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton has acquired numerous property interests on N. Bonnie
Brae St. between W. Oak St. and W. Hickory St. for the relocation and expansion of the Hickory
Substation;
WHEREAS, the landowners and /or tenants who were impacted by the Hickory
Substation relocation and expansion are legally entitled to relocation benefits under both federal
and state law and City ordinance (Ord. No. 2012 -073) which includes comparable replacement
housing which is decent, safe and sanitary;
WHEREAS, one of the tenants impacted by the relocation and expansion of the Hickory
Substation, Jose Alfredo Rivas, is legally disabled and requires specific housing needs which
have not been able to be secured within the City;
WHEREAS, the City owns residential real property located at 1224 N. Bonnie Brae St.
( "Property ") which will provide comparable replacement housing which is decent, safe and
sanitary for the Rivas after renovations are made to the same;
WHEREAS, on July 22, 2015 the City's Public Utility Board considered the relocation
issues related to Rivas and unanimously recommended to the City Council that renovations be
made to 1224 N. Bonnie Brae St. in order to provide comparable replacement housing to Rivas
which is decent, safe and sanitary;
WHEREAS, on September 1, 2015, the City Council approved that renovations be made
to the Property in order to provide Rivas with comparable replacement housing which is decent,
safe and sanitary (Ordinance No. 2015 -257);
WHEREAS, the renovations to the Property have been completed and that the Property
provides Rivas comparable replacement housing which is decent, safe and sanitary;
WHEREAS, the City has spent a total of $175.698.08 to renovate the Property and make
it decent, safe and sanitary;
WHEREAS, the Property was purchased by the City for the expansion of its electric
transmission line along N. Bonnie Brae St. and Denton Municipal Electric, the City's electric
utility department has been managing the Property since its purchase;
WHEREAS, the City will recover the purchase price for the Property under the City's
Transmission Cost of Service reimbursement from the Electric Reliability Council of Texas;
WHEREAS, the City, if the Property is sold, will require the reservation of an electric
transmission, distribution, and communication easement across the front portion of the Property;
WHEREAS, the City finds that Rivas has made an offer to purchase the Property from
the City for $175,698.08 and with the City reserving an electric transmission, distribution, and
communication easement along the front portion of the Property; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON RESOLVES, IN ACCORDANCE WITH
LOCAL GOVERNMENT CODE SECTION 272.001(k):
SECTION 1. That the sale of the Property to Jose Alfredo Rivas arose as a result of the
relocation and expansion of the Hickory Substation and are circumstances that are unique to
Rivas due solely to his legal disability;
SECTION 2. That the Property shall be sold to Rivas with the following conditions:
a. The sales price for the Property shall be equivalent to the monies spent by
the City to provide Rivas with comparable replacement housing which is decent, safe and
sanitary which said amount is $175,698.08; and
b. The City will reserve an electric transmission, distribution, and
communication easement along the front of the Property in the deed conveying the
Property to Rivas.
SECTION 3. That the public purposes achieved by the sale of the Property are:
a. Rivas is provided with comparable housing which is decent, safe and
sanitary as required by both federal and state and City ordinance; and
b. The relocation of Rivas allows the City to commence with the relocation
and expansion of the Hickory Substation.
SECTION 4. The statements contained in the preamble of this resolution are deemed to
be findings of the City Council and are incorporated into the body of this resolution.
SECTION 5. If any section, article, paragraph, sentence, phrase, clause or word in this
resolution, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this resolution; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 6. This resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of": °�� 2016.
CHRIS WATTS, MAY(7
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By :.._