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Home My WebLink About25-018ORDINANCENO. 25-018 AN ORDINANCE OF THE CITY OF DENTON DETERMINING THE PUBLIC USE, NEED, AND NECESSITY FOR THE ACQUISITION OF VARIOUS (1) PERMANENT DRAINAGE EASEMENTS AND (I1) TEMPORARY CONSTRUCTION EASEMENTS, GENERALLY LOCATED ALONG BERNARD STREET, WEST SYCAMORE STREET, WEST MULBERRY STREET, AND STROUD STREET AND BETWEEN CARROLL BLVD. AND ELM STREET SITUATED IN THE WILLIAM LOVING SURVEY, ABSTRACT NO. 759, THE M.E.P. & P.R.R CO. SURVEY, ABSTRACT NO. 925, THE EUGENE PUCHALSKI SURVEY. ABSTRACT NO. 996 AND THE WILLIAM NEIL SURVEY. ABSTRACT NO. 971. ALL rN THE CITY AND COUNTY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE ATTACHED EXHIBIT(S), “A“ (COLLECTIVELY, THE “PROPERTY INTERESTS(S)”); AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO ACQUIRE THE PROPERTY INTERESTS BY AGREEMENT IF POSSIBLE, INCLUDING MAKING ALL OFFERS REQUIRED BY LAW; AUTHORIZING THE USE OF THE POWER OF EMINENT DOMAIN PROCEEDINGS IF NECESSARY; AUTHORIZING THE EXPENDITURE OF FUNDING; MAKING FINDINGS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AND EFFECTIVE DATE. WHEREAS, The Pecan Creek 4 PH3 & 4 Drainage Project, located along Bernard Street, West Sycamore Street, West Mulberry Street, and Stroud Street and between Carroll Blvd. and Elm Street includes approximately 2,700 linear feet of reinforced concrete box, 2,300 linear feet of waterline relocation and lowering, 1,700 linear feet of sanitary sewer line relocation and adjustment, and pavement repair (Pecan Creek 4 PH3 & 4 Drainage Project) located in the City and County of Denton, all for the public safety and welfare (collectively, The “Project”); and WHEREAS, the City Council of the City of Denton (“City Council”) after consideration of this matter, has determined that a public use and necessity exists for, and that the public welfare and convenience requires, the acquisition of the Property Interests, comprised of a various (i) permanent drainage easements and (ii) temporary construction easements, by the City of Denton (“City”). The City Council finds that the acquisition of the Property Interests is a valid public use necessary to provide for the permanent drainage improvement for the drainage improvement, waterline relocation and lowering, sanitary sewer line relocation and adjustment and pavement repair, to serve the public and the citizens of the City; and WHEREAS, the acquisition of the Property Interests identified in Exhibit “A” is necessary in furtherance of the Project; and WHEREAS, the City is required to make an initial offer as defined by, and in compliance with, Texas Property Code §21.0111 (“Initial Offer”), and a bona fide offer as defined by, and in compliance with, Texas Property Code §2 1.0113 (“Final Offer“) to acquire the Property Interests for public use, voluntarily, from the subject landowners before beginning the acquisition of the Property Interests by eminent domain; and WHEREAS, independent professional appraisal reports of the Property Interests will be submitted to the City as required by Chapter 21 of the Texas Property Code, and the City Manager or their designee will establish a certain amount determined to be just compensation for the individual Property Interests based on the appraisals and fair market values of the Property Interests and any applicable fees necessary to acquire the Property Interests; and WHEREAS, the City Council deems it necessary to authorize the City Attorney to initiate condemnation proceedings in order to acquire the Property Interests if an agreement cannot be reached with the subject landowners for the purchase of the Property Interests; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON ORDAINS: SECTION 1. The City Council finds that the recitals made in the preamble of this Ordinance are true and correct and incorporates such recitals into the body of this ordinance as if copied in their entirety. SECTION 2. The City Council authorizes acquisition of the Property Interests, as more particularly described in the attached Exhibit “A,” for the reasons and purposes set forth above together with all necessary appurtenances, additions, and improvements on, over, under, and through the Property Interests. SECTION 3. The City Council authorizes the City Attorney, or designee, to negotiate for and to acquire the required property rights in the Property Interests for the City, and to acquire these rights in compliance with State and any other applicable law. The City Attorney, or designee, is specifically authorized and directed to do each and every act necessary to acquire the needed property rights in the Property Interests including, but not limited to, the authority to negotiate, give notices, make written offers to purchase, prepare contracts and conveyance documents, to retain and designate a qualified appraiser of the Property Interests to be acquired and any other experts or consultants that he deems necessary for the acquisition process, to retain qualified outside litigation counsel as needed, and, if necessary, to institute and conduct all parts of the proceedings in eminent domain in accordance with the laws and procedures of the State. SECTION 4. The City Manager, or their designee, is appointed as negotiator for the acquisition of the needed Property Interests and, as such, the City Manager, or their designee, is authorized and directed to do each and every act and deed specified or authorized by this Ordinance, subject to the availability of funds appropriated by the City Council for such purpose. The City Manager, or their designee, is specifically authorized to establish and make offer(s) of just compensation for the acquisition of the Property Interests to the respective landowner(s) in accordance with State and any other applicable law. If an agreement as to damages or compensation cannot be reached, then the City Attorney, or their designee, is authorized and directed to file or cause to be filed, against the subject landowner(s) and interested parties of the Property Interests, proceedings in eminent domain to acquire the Property Interests. SECTION 5. It is the intent of the City Council that this Ordinance authorize the City Manager and City Attorney, or their designee, to perform all steps necessary to obtain the Property Interests necessary for the Project, whether through negotiation or condemnation, including the expenditure of funds. SECTION 6. It is the intent of the City Council that this Ordinance authorize the acquisition and condemnation of all property interests required for the construction and installation of the Project for public uses to serve the public and citizens of the City. If it is determined that there are scrivener errors in the descriptions contained herein or if later surveys contain more accurate revised descriptions, the City Attorney or their designee is authorized to have such errors corrected or revisions made without the necessity of obtaining a new City Council Ordinance authorizing condemnation of the corrected or revised property. The Project is generally located along Bernard Street, West Sycamore Street, West Mulberry Street, and Stroud Street and between Carroll Blvd. and Elm Street all in the City and County of Denton, Texas. SECTION 7. In the event that Special Commissioners, appointed by the Court during condemnation proceedings, return an award that is the same amount or less than the amount offered by the City for just compensation, the City Attorney is hereby authorized to settle the lawsuit for that amount. SECTION 8. Following an award by Special Commissioners, the City Finance Director is hereby authorized to issue a check from the appropriate fund in an amount not to exceed the Special Commissioners’ award payable to the County Clerk of Denton County to be deposited in the registry of the Court to enable the City to take possession of the respective Property Interest(s) without further action of the City Council. SECTION 9. 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 10. This Ordinance shall become effective immediately upon its passage. [Signatures to appear on the following page .] The motion to approve this ordinance was made by Joe Holland and seconded by Brian Beck , the ordinance was passed and approved by the following vote U- J : Aye X 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: X X X X X X PASSED AND APPROVED this the 18th day of February , 2025 . GERARD HUDSPETH, MAYOR ATTEST: LAUREN THODEN, CITY SECRETARY L\\tI11 1111// APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY