HomeMy WebLinkAbout24-1074ORDINANCE NO. 24- 1074
AN ORDINANCE BY THE CITY OF DENTON AUTHORIZING THE CITY ATTORNEY TO
1) FILE A MOTION, UNDER 5.0261 OF THE TEXAS PROPERTY CODE, FOR THE
REMOVAL OF A DISCRIMINATORY PROVISION FROM INSTRUMENT NO. 1933-85058
(DR/243/246) (“ORIGINAL DEED”) WITH THE CLERK OF DENTON COUNTY DISTRICT
COURT AND 2) FILE A MATERIAL CORRECTION DEED UNDER 5.029 OF THE TEXAS
PROPERTY CODE TO REMOVE ALL DISCRIMINATORY PROVISIONS FROM THE
ORIGINAL DEED; AND PROViDrNG AN EFFECTIVE DATE.
WHEREAS, on February 2, 2016, Denton City Council passed ordinance No. 2016-035
“finding and declaring a the restriction contained in the 1933 deed between the Independent Order
of Odd Fellows ( IOOF) and the City of Denton conveying the said cemetery to the City of Denton
prohibiting the use of the said cemetery for the burial of non -white persons to be illegal,
unenforceable, unconscionable, contrary and repugnant to the philosophy, principals and beliefs of
the City of Denton and that the said restrictive language shall not be enforced or recognized on any
City -owned or managed property;” and
WHEREAS, On March 19, 2024, Council directed the City Attorney’s Office to research
and present the best legal resolution to address the Original Deed in order to effectively remove any
discriminatory provisions from the instrument, to contact IOOF representatives to seek options for
them to participate in this process, and to bring an action item and place it on the Council agenda
for a vote; and
WHEREAS, staff has researched and found a two-part solution in removing the
discriminatory provisions from the Original Deed where 1) pursuant to a Texas law adopted in 202 1,
Texas Property Code 2.0261, Denton County Court makes a judicial determination that the Original
Deed contains a discriminatory provision and that provision is void and removed from the Original
Deed; and 2) the filing of a correction deed signed by IOOF and replacing the Original Deed with
the discriminatory provision no longer being present on the document; and
WHEREAS, Section 5.0261 of the Texas Property Code provides a judicial method by which
a discriminatory provision can be removed from a conveyance instrument; and
WHEREAS, in conjunction with this judicial determination the City can file a correction
deed that will remove and replace the existing Original Deed from the Denton County Deed of
Records; and
WHEREAS, staff has worked with IOOF and has received a signed correction deed that will
correct and remove the discriminatory provisions contained on the Original Deed; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true and as if fully set forth in the body of this ordinance.
SECTION 2. The City Attorney, or designee, is hereby authorized to file a motion, under
5.0261 of the Texas Property Code, for the removal of a discriminatory provision from instrument
no. 1933-85058 (DR/243/246) with the clerk of Denton County District Court.
SECTION 3. The City Attorney, or designee, is hereby authorized to file a correction
deed under 5.029 of the Texas Property Code to remove all discriminatory provisions from the
Original Deed.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by %.. I McI+bc/ and
seconded by {ict A... Be&14 . The ordinance was passed and approved by
the following vote D - A
Aye Nay Abstain Absent
Gerard Hudspeth, Mayor:V7
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Vicki Byrd, District 1 :
Brian Beck, District 2:
Paul Meltzer, District 3 :
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
PASSED AND APPROVED thi, th, 2) s d,y ,f mAy , 2024.
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ATTEST:
LAUREN THODEN, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
MACK REINWAND. CITY ATTORNEY
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