HomeMy WebLinkAbout24-2045ORDINANCE NO. 24-2045
AN ORDINANCE OF THE CITY OF DENTON DETERMINING THE PUBLIC USE.
NEED AND NECESSITY FOR THE ACQUISITION OF APPROXIMATLEY 2.151
ACRES OF LAND LOCATED ALONG HERCULES LANE, IN B.B.B. AND
C.R.R COMPANY SURVEY, ABSTRACT NUMBER 186, CITY AND COUNTY OF
DENTON. TEXAS BEING ALL OF LOT IR-2 IN BLOCK 1 OF T.N.B.C.
RDBm(MY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE
PLAT RECORDED UNDER DOCUMENT NO. 2024-52 OF THE (P.R.D.C.T.) PLAT
RECORDS, DENTON COUNTY, TEXAS; FOR THE PURPOSE OF A FUTURE
PARK LAND: AUTHORIZING THE EXPENDITURE OF FUNDS NOT TO
EXCEED THREE HUNDRED NINETY-FIVE THOUSAND DOLLARS AND NO/100
(8395,000.00) AND ASSOCIATED CLOSING COSTS; AND PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City has identified approximately 2.151 acres of land located along
Hercules Lane, in B.B.B. and C.R.R Company, Survey, Abstract Number 186, city and county
of Denton, Texas (“Property”), more particularly described in Exhibit A, owned by Towne North
Baptist Church INC, Denton, Texas (“Owner“) that will allow for future parkland to serve the
additional needs in response to increased public trails and park playground to this portion of the
City; and
WHEREAS, the City of Denton (“City”) after consideration of this matter, has
determined that a public use and necessity exists for, and that the public welfare and convenience
requires, the Fee Simple acquisition of the Property subject to the exceptions, reservations,
covenants, conditions and/or interests, if any, provided in the form instrument more
particularly described in Exhibit "B" attached hereto and made a part hereof for all purposes
(“Property Interests”); and
WHEREAS, City Council finds that the acquisition of the Property is a valid public use
necessary to provide parkland needed to acquire open space of the Trust for public land 10-
minute walk mapping resulting from future growth and planned development in the City (the
“Project“), and to serve the public and the citizens of the City; and
WHEREAS, the City has obtained an appraisal by a qualified independent appraiser who
is not an employee of the City in accordance with Section 252.05 1 of the Texas Local
Government Code and conducted its due diligence to determine the environmental condition of
the property and desires to accept fee simple title to the property for future public uses; and
WHEREAS, the City has agreed with the Owner of the Property, off Hercules Lane,
Denton, Tx 762 10, to pay a purchase price of $395,000.00 and associated closing costs to acquire
real property and authorizing its purchase together shall not exceed the authorized amount for
public use; and NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA[NS:
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. That public necessity requires that City acquire the Property Interest in the
Property for the Project.
SECTION 3. That the City Manager, or designee, is hereby authorized and directed to
consummate and accept the purchase, grant and conveyance to the City of the Property Interest in
and to the Property pursuant to the conveyancing instrument substantially in the form described in
Exhibit “B”, attached hereto and made a part hereof for all purposes, and approved as to form by
the City Attorney and to execute, deliver and receive such other usual and customary documents
necessary, appropriate and convenient to consummating this transaction.
SECTION 4. City Manager, or designee, is hereby authorized to expend funds not to
exceed Three Hundred Ninety-Five Thousand Dollars And No/100 ($395,000.00) and associated
closing costs.
SECTION 5. The Owner has been provided with a copy of the Landowner’s Bill of
Rights, as contemplated by applicable state statute.
SECTION 6. 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 7. This ordinance shall become effective immediately upon its passage and
approval.
[Signatures to appear on the following page.]
The motion to approve this ordinance was made by Bras_ J , A CU, cc h au and seconded
by pAu\ f-l&l + T ,/ , the ordinance was passed and approved by the
following vote D - A :
Aye Nay Abstain
Absent
Mayor Gerard Hudspeth:,Z
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Vicki Byrd, District 1 :
Brian Beck. District 2:
Jesse Davis. District 3:
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
PASSED AND APPROVED thi, th, Ct\ day of . 2024
GERARD HUDSPETH. MAYOR
ATTEST:
LAUREN THODEN, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
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