Loading...
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 PAGE 1 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 PAGE 2 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 PAGE 3