HomeMy WebLinkAbout23-1791 INCOMPLETERESOLUTION 23-1791
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
REQUESTING THE TRANSFER OF THAT CERTAIN PUBLIC ROADWAY DESCRIBED
HEREIN ON EXHIBIT “A” FROM THE TEXAS DEPARTMENT OF TRANSPORTATION TO
THE CITY OF DENTON. THE LIMITS OF THE CERTAIN PUBLIC ROADWAY DESCRIBED
ABOVE ARE ELM STREET AND LOCUST STREET FROM EAGLE DRIVE TO UNIVERSITY
DRIVE
WHEREAS, the City of Denton wishes to undertake full jurisdiction, control, and
maintenance of the property, for public road purposes, which property is situated within the City of
Denton and more particularly described in Exhibit “A“ attached hereto; and
WHEREAS, the Texas Department of Transportation has committed to and scheduled a
construction project on these roadways to bring the roadway quality in line with City of Denton
Standards; and
WHEREAS, the City of Denton will work to maintain and improve the aforementioned
property in perpetuIty;
NOW, THEREFORE, BE IT RESOLVED:
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION 1. The findings and recitals contained in the preamble to this resolution are
hereby incorporated by reference into the body of this resolution as fully set forth herein.
SECTION 2. Upon transfer of the property more particularly described in Exhibit “A“
attached hereto from the State of Texas, by and through the Texas Transportation Commission, to
the City of Denton, the City of Denton undertakes full jurisdiction, control, and maintenance of the
property for public road purposes with the understanding that, if the property is no longer used for
public road purposes, it shall automatically revert to the State of Texas.
SECTION 3. The State of Texas, by and through the Texas Transportation Commission, and
on behalf of the Texas Department of Transportation, shall execute a Transfer of Right of Way
instrument conveying all of the State’s right, title, and interest subject to a Reverter, the exceptions,
reservations, covenants, conditions and/or interests, if any, as shown in the form instrument more
particularly described in Exhibit “B” attached hereto and made a part hereof for all purposes.
SECTION 3. If any provision of this resolution or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of
the provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 4. This resolution shall become effective immediately upon its passage and
approval.
Th, M,ti,„ t, ,pp„,, thi, re„I„tion w„ m,d, by . I',' IVf,) ),,...._ J
and seconded by afL-b Jb– f,LLbc h t 1GBt
passed and approved by the following vote [ 7 - D 1
, the resolution was
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck. District 2 :
Paul Meltzer. District 3 :
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:
J
J
J
,Z
,'/
a7
,„„,, „N,„„„,,,„„„. 21“ ,.,., Ja,.,Ar/, 2024
GERARD HUDSPETH, MAYOR
ATTEST:
JESUS S :CRETARY
} \ !\ \ A E A f/ A I
APPROVED AS TO LEGAL FORM:
MACK RE[NWAND, CITY ATTORNEY
EI IIr o IatIIyEFw (?11: 1EJF:1F71pIyedehhaW :sTBBum in mU