1985-2541168L
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE
CITY OF DENTON, TEXAS BY ADDING A NEW ARTICLE V TO PROVIDE FOR
PROCEDURES FOR THE SALE OF CITY-OWNED REAL PROPERTY, PROVIDING FOR
A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
SECTION I
That Chapter
2 of the Code of Ordinances of the City of
Denton, Texas is hereby amended by adding a new Article V to read
as follows
ARTICLE V SALE OF CITY-OWNED REAL PROPERTY
Section 2-70 Procedures for Disposal of Unneeded Real Propert
(a) Decision to Sell The City Council, after receiving the
recommendation of the Planning and Zoning Commission,
shall determine whether any real property owned by the
City shall be offered for sale or trade, provided,
however, that the sale, lease or disposed of utility
system property shall be subject to the provisions of the
City Charter
(b) Notice and Bids If the property can be developed
independently o any other property as zoned under current
ordinances, public notice shall be given and public bids
received in accordance with Article 5421c-12, Texas
Revised Civil Statutes, as amended
(c) Ne otiated Sales If the property cannot be developed
independently, as zoned, under present City ordinances or
is otherwise exempt from the notice and bidding
requirements of state law, the City Manager may initiate
negotiations for the sale of the property in accordance
with Section 2, Article 5421c-12, Texas Revised Civil
Statutes, as amended
(d) Tie of Conveyance The City Attorney shall determine the
type of conveyance or other instrument to be executed by
the City prior to the initiation of formal bid procedures,
and the information shall be included in the notice
(e) Recommendation and Action After receipt and tabulation
o s or after reac ng agreement for a negotiated sale,
the City Manager shall make a recommendation to the City
Council The City Council may reject the sale or award
the sale by resolution or ordinance Upon approval, the
City Attorney shall prepare and the City Manager shall
execute the appropriate instrument of conveyance
Section 2-71 Requests for Abandonment of Public Easements or
(a) Application b Pro ert Owner A property owner whose
property abuts or a o ns a pu lic easement or right-of-way
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may apply for abandonment in whole, or in part, of the
abutting right-of-way An application must be accompanied
by
(1) a nonrefundable application fee of One Hundred Dollars
($100 00),
(2) the written concurrance
property contiguous to
abandoned, and
of all persons who own
the area proposed to be
(3) copies of recorded deeds
all property contiguous
abandoned
showing current ownership of
to the area proposed to be
(c) Appraisal of Value the City staff shall make an appraisal
or o to n an independent appraisal of the property to
determine the market value of the area proposed to be
abandoned If the City chooses to obtain an independent
appraisal, the applicant shall deposit with the City an
amount of money sufficient to pay the cost of the
appraisal The date for establishing the market value
shall be the date, as determined by the City Manager, or
his designee, that the applicant meets all the
requirements for applications for abandonments
(d) Cases of Disputed Value If the appraisal performed or
o teed y~-tFe ,ityis disputed by the applicant, the
applicant shall obtain a second independent appraisal at
applicant's expense If the City :tanager determines that
there is a substantial difference between the two
appraisals, an independent appraiser shall be retained to
perform a review appraisal, the cost of which shall be
paid by the applicant The City Manager shall then make a
final determination of market value based upon the
appraisals and the review appraisal
(e) Plannin and Zonin Commission's Recommendation When a
proper app cation as been mace, an the mar et value of
the area to be abandoned determined, the request for
abandonment shall be submitted to the Planning and Zoning
Commission for its recommendation to the City Council
(f) City Council Action Based upon the recommendation of the
City Manager an the Planning and Zoning Commission, the
City Council shall consider the request for abandonment
Before the City Council officially acts to abandon all or
part of a public right-of-way, the applicant shall pay the
determined fair market value of the property to be
abandoned to the City
SECTION II
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof to any
person or circumstance is held invalid by any court of competent
,jurisdiction, such holding shall not affect the validity of the
remaining portions of this ordinance, and the City Council of the
City of Denton, Texas, hereby declares it would have enacted such
remaining portions despite any such invalidity
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SECTION III
That this ordinance shall become effective immediately upon
its passage and approval J
PASSED AND APPROVED this the V-Z~ day of 1985
I HARD 0 STEW , YOR
CI OF D TON, TEXAS
ATTEST
21J :ETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
vvv
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