HomeMy WebLinkAbout23-2147ORDINANCE NO. 23-2 147
AN ORDINANCE OF THE CITY OF DENTON DETERMINING THE PUBLIC USE,
NEED AND NECESSITY FOR THE ACQUISITION OF APPROXIMATELY 3.158
ACRES OF LAND LOCATED ALONG TEASLEY LANE, IN THE J. FISHER SURVEY,
ABSTRACT NO. 421, CITY AND COUNTY OF DENTON, TEXAS FOR THE PURPOSE
OF A FUTURE FIRE STATION 6 FACILITY; AUTHORIZING THE CITY MANAGER,
OR DESIGNEE, TO CONSUMMATE AND ACCEPT THE PURCHASE, GRANT AND
CONVEYANCE TO THE CITY OF DENTON FROM DENTON WEST JOINT
VENTURE, SELLER; AUTHORIZING THE EXPENDITURE OF FUNDS NOT TO
EXCEED TWO MILLION, ONE HUNDRED THOUSAND AND 00/100 DOLLARS
(82,100,000.00); AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City has identified approximately 3.158 acres of land located along
Teasley Lane, in the J. Fisher Survey, Abstract No. 421, City and County of Denton, Texas
(“Property’'), also known as Block A, Lot 1, Denton West Joint Venture addition, and being
more particularly described in Exhibit A, owned by Denton West Joint Venture (''Owner”)
that will allow for a future Fire Station 6 facility to expand the response area to a greater
population between the southern portion of Teasley Lane and the City limits within the 4 minutes
or less recommended response time; 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 for construction and operation of a new Fire Station 6 needed to expand the
response area to a larger demographic between the southern portion ofTeasley Lane and the City
limits within the recommended response time (the “Project”), and to serve the public and the
citizens of the City; and
WHEREAS, the City has obtained an appraisal by a qualified appraiser who is not an
employee of the City in accordance with Section 252.051 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 at 3900 Teasley Lane,
Denton, Tx 76210, to pay a purchase amount of $2,000,000.00, closing cost and title expenses of
up to $100,000.00 acquiring 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 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. 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. The Owner has been provided with a copy of the Landowner’s Bill of Rights, and
Appraisal as contemplated by applicable state statute.
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.
[Signatures to appear on the following page .]
:: ceo :ElTyt o a P P r :/\ c: : 1:s o ; jn: S c e vv a s 1rIr1 a d e by
by the following vote II - D
Bct A„ R.c)-and
the ordinance was passed and approved
Aye
J
J
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District ! :
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:
,/
Ty
a
PASSED AND APPROVED this the St- day of of „H.b</. 2023
GERARD HUDSPETH, MAYOR
ATTEST:
\:q:+Y + p +R E ! 1Igg://q
aPaP
dIP
JESSE SAL,
BY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY e %OW +z amNd, bW Ered;nTH:LT_-=--k--.
EXHIBIT A
(Approximately 3.158 acres of land located along Teasley Lane, in the J. Fisher
Survey, Abstract No. 421, City and County of Denton, Texas, also known as Block
A, Lot 1, Denton West Joint Venture addition)
!!!ii;k:ii
iS
i ; } }
g g !! g g g ! ! ! ! g g
ii
gi
gi
}
li{}}; i
8 g
i
E
g
bli
--–\
i O
!!!!!
\
\
g
/
EXHIBIT B
(Warranty Deed)