HomeMy WebLinkAbout24-1090 - INCOMPLETEORDINANCE NO. 24- 1090
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT OF SALE BETWEEN THE CITY OF DENTON, AS BUYER, AND
RICHARD LEE BURCH (REFERRED TO HEREIN AS “SELLER”), FOR THE PURCHASE
OF APPROXIMATELY 6.125 ACRES OF LAND, MORE OR LESS, FOR THE PURPOSE OF
THE CONSTRUCTION OF WASTEWATER TREATMENT FACILITY AND OTHER
PUBLIC USES, BEING SITUATED IN THE JAMES W. WITHERS SURVEY, ABSTRACT
NO. 1343, CITY OF DENTON , DENTON COUNTY, TEXAS, AND BEING A PART OF LOT
1, BLOCK 1, OF BURCH ADDITION, AN ADDITION TO THE CITY OF DENTON, TEXAS,
ACCORDING TO THE PLAT THEREOF RECORDED IN DOCUMENT NO. 2012-165 OF
DENTON COUNTY. TEXAS, LOCATED IN THE EXTRATERRITORIAL JURISDICTION
AND COUNTY OF DENTON, TEXAS, FOR THE PURCHASE PRICE OF ONE MILLION
NINE HUNDRED THOUSAND AND NO/100 DOLLARS ($1,900,000.00); AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR; PROViDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the above-captioned tract, containing approximately 6.125 acres of land as
shown on the plat recorded Instrument No. 2012-165, Map Records of the County Clerk’s Official
Records of Denton, and being more particularly described in Exhibit “A,” attached hereto and
made a part hereof for all purposes, (the “Property”) may be put to public use and benefit; and
WHEREAS, Seller has agreed to sell the Property to the City of Denton (the “City“) for
the purchase price of One Million Nine Hundred Thousand and No/100 Dollars ($ 1,900,000.00);
and
WHEREAS, Seller desires to sell to Buyer, and Buyer desires to buy from Seller, the
Land, together with any and all rights or interests of Seller in and to adjacent streets, alleys, and
rights of way and together with all and singular the improvements and fixtures thereon and all
other rights and appurtenances to the Land (collectively, the “Property”); and
WHEREAS, Seller and Buyer agree that Buyer will acquire the Property which is the
subject of this Contract in two (2) separate closings to allow Seller to honor the existing lease of a
building on a portion of the Property which has an expiration date of June 30, 2025 (the “Lease”);
and
WHEREAS, Seller and Buyer agree that the Land has been surveyed and for purposes of
this Contract effectively divided into two (2) separate and identifiable parcels which shall be
designated as Parcel 1 (2.229 acres of land) and Parcel 2 (3.896 acres of land) (collectively, the
“Parcels”) and that the representations and deliverables required in this Contract from each Seller
and Buyer shall be applied separately and independently to each of the respective Parcels at the
time of the Closing thereon; and
WHEREAS, the City Council hereby finds that the Contract between the City and Owner
serves a municipal and public use and is in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS :
SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by
reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. The City Manager, or designee, is authorized to: (a) execute the Contract of
Sale, attached hereto as Exhibit B, between the City of Denton, as Buyer, and Richard Lee Burch, as
Seller, for the purchase price of One Million Nine Hundred Thousand and No/100 Dollars
($1,900,000.00) and under the terms and conditions set forth in the attached Contract of Sale, and (b)
execute any other documents necessary for closing of the transaction contemplated by the Contract.
SECTION 3. The City Manager is further authorized to make expenditures and to carry out
all duties and obligations as set forth in the Contract.
SECTION 4. That to the extent the Property is being purchased wholly or partly with bond
proceeds, City has obtained an independent appraisal of the Property’s market value.
SECTION 5. If any section, article, paragraph, sentence, phrase, clause, or word in this
ordinance, 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 ordinance; 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 ordinance shall become effective immediately upon its passage and
approval.
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following vote [I - a] :
ide by Bric_. 13, c A and seconded
the ordinance was passed and approved by the
Aye
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Nay Abstain Absent
Gerard Hudspeth, Mayor:
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:
[Signatures to appear on the following page.]
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PASSED AND APPROVED this the iB t-d,y ,f Jy„c . 2024.
GERARD HUDSPETH, MAYOR
ATTEST:
LAUREN THODEN, CITY SECRETARY
BY: C/aml,h dbA
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY aLVaPyM A). 5@ya, dd
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