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HomeMy WebLinkAbout1961-10AT A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING IN SAID CITY ON THE 21st DAY OF DECEMBER, A.D. 1961 RESOLUTION WHEREAS, publlc opinion appears to be dmvmded on the questzon of whether or not the pres~ent one-way street system in the City of Denton, Texas, should be contmnued; and WHEREAS, the only accurate method of determ~nmng the will of the cmtlzens of Denton on th~s questmon appears to be a special referendum election at which all quallfzed voters mn the Cmty of Denton shall have the rmght to vote upon the samd questmon; now therefore be mt RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, THAT a Specmal Electzon be, and the same ms hereby, ordered to be held mn the Munmcmpal Bumldmng mn the Cmty of Denton, Texas, between the hours of emght o'clock A.M. and seven o'clock P.M. on the fourth Tuesday mn January, 1962, the samd day bemng the 23rd day of January, 1962, for the purpose of submitting to the qualified voters of the Cmty of Denton, Texas, the questmon, SHALL THE PRESENT ONE-WAY TRAFFIC SYSTEM IN THE CITY OF DENTON, TEXAS, BE CONTINUED?"; and be mt further RESOLVED, that the questmon stated above shall be prmnted upon the ballot, and mmmedmately below samd question shall be prmnted the words, "YES" and "NO", one above the other mn the order mndlcated, and the quallfmed voters shall mndmcate themr preference by strmkmng out the word that does not mndlcate themr chozoe; and be it further AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HELD IN THE MUNICIPAL BUILDING IN SAID CITY ON THE 12TN DAY OF DECEMBER~ A.D. 1961. RESOLUTION WHEREAS, the Caty Councal of the Caty of Denton, Texas, has heretofore completed a study and approved the plans for the con- structlo~ of a sanatary sewer outfall lane commencang at the Denton State School Sate an Denton County, Texas, and extendang to the Denton Sewerage Treatment Plant now beang constructed on Pecan Creek in Denton County, Texas, and the Caty of Denton is now con- structang the saad sanatary sewer outfall lane; and WHEREAS, the Caty Councal of the Caty of Denton, Texas, has found that publac necessaty requares the constructaon and maante- nance of the saad sanatary sewer outfall line an order to provade Denton State School and other users wath sanitary sewer service, and WHEREAS, the Caty Councal has found and determaned that an easement and raght-of-way an the hereinafter described land ms suatable for such purpose, and that at is necessary to acquare the same for the purpose of locatang sazd sanatary sewer outfall lane, and WHEREAS, the Caty of Denton, Texas, through mts duly authorazed representataves, has negotaated w~th the owner of such land and has been unable to agree wath such owner as to the faar cash market value thereof and damages, af any, now therefore be at RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS~ that the Caty Attorney be, and he Ks hereby, authorazed and darected to file or cause to be flied against all owners and lien holders, proceedings ~n eminent domain to acquire an easement and right- of-way for the purpose of acquiring the right to construct, recon- struct and perpetually maintain said sanitary sewer outfall line and appurtenances ~n, upon and across the following described tract of land, sa~d tract being a strip of land twenty-slx (26) feet in w~dth and four hundred, s~xty-nlne and seven tenths (469 7) feet in length, containing 0 27 acres of land, more or less, and being thirteen (13) feet on either s~de of the center l~ne of sald strip of land which said center llne ~s more particularly described as follows: BEGINNING at a poant in the Northeast right-of-way of U S Haghway 77 and in the Southwest property l~ne of a tract of land an the Gideon Walker 2/3 league survey, Denton County, Texas, deeded to Marvln H. Cobb and wa fe, Elazabeth Cobb by Marvan T McDonald and w~fe, Jeannette E McDonald as shown an Volume 474, Page 635 of the Deed Records of Denton County, Texas, sald poant belng 599 feet, more or less, Southeasterly from the Southwest property corner of the sa~d tract, THENCE Northeastward a d~stance of 469 7 feet, more or less, to a poant in the Northeast property l~ne of sa~d tract and n the Southwest right-of-way of the Massour~-Kansas-Texas Railroad, sa~d polnt being 84 feet, more or less, Southeast of the most Easterly Southeast corner of a tract now owned by Lone Star Gas Co. TO HAVE AND TO HOLD, all and singular, the privileges afore- said to it, the sa~d Caty of Denton, Texas, ats successors and assigns forever, together w~th the right and privilege, at any and all times to enter said premases or any part thereof, for the pur- pose of constructing, reconstructang and perpetually maanta~nlng said sanltary sewer outfall lane together wath necessary appurtenances, and for makang connectaons therewith; all upon the condltaon that the C~ty of Denton, Texas, will never construct any such sanitary sewer outfall l~ne or appurtenances above plow depth, and that the C~ty of Denton, Texas, w~ll at all t~mes, after doing any work in connection with the construction, reconstructaon or repair of said sanitary sewer outfall line restore said premises as nearly as possible to the condlt~on ~n which same were found before such work was undertaken, including repalr of all fences that m~ght be disturbed or damaged n performing sald work, and further upon the condition that in the use of the aforesald rlghts and prlv~leges herein granted, the C~ty of Denton, Texas, will not create a nuisance or do any act that will be detrimental to sa~d premlses and that said tract wltl not be used by said C~ty of Denton, Texas, for any other purpose, under th~s easement and rlght-of-way, except as here~n provided Provided, however, that for the purpose of ~nlt~ally constructing the sanitary sewer outfall l~ne and appurtenances above described, and during such lnlt~al constructlon, the Clty of Denton shall have the r~ght to use for the aforesaid purposes a str~p of land s~xty (60) feet n width and four hundred, slxty-nlne and seven tenths (469 7) feet n length, more or less, and being thirty (30) feet on either s~de of the center l~ne of said str~p of land, as said center l~ne ~s more particularly described above, upon the condition that sa~d C~ty of Denton, Texas, and its agents, w~ll restore sa~d premises as nearly as possible to the condition in which same were found be- fore such lnlt~al construction work was undertaken, ~nclud~ng repair of all fences that might be dlsturbed or damaged ~n performing sa~d n~tlal construction work PASSED AND APPROVED th~s 12th day of December, A D 1961 Mayor C~ty of Denton, Texas ATTEST;~/ C~ty Secretary City of Denton, Texas C~ty Attorney City of Denton, Texas