2015-299ORDINANCE NO.20 15 -299
AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO
ACQUIRE FEE SIMPLE TITLE TO A 1.509 ACRE TRACT GENERALLY LOCATED IN THE
MORREAU FORREST SURVEY, ABSTRACT NO. 417, CITY OF DENTON, DENTON
COUNTY, TEXAS, AT THE SOUTHEAST CORNER OF E. MCKINNEY ST. AND S.
MAYHILL ROAD, AND MORE PARTICULARLY DESCRIBED ON THE ATTACHED
"EXHIBIT "A" (THE "PROPERTY INTERESTS "), FOR THE PUBLIC USE OF EXPANDING
AND IMPROVING MAYHILL ROAD, A MUNICIPAL STREET AND ROADWAY;
AUTHORIZING THE FILING AND PROSECUTION OF EMINENT DOMAIN
PROCEEDINGS TO ACQUIRE THE PROPERTY INTERESTS; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; MAKING FINDINGS; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas ( "City ") has initiated the widening and expansion
of Mayhill Road affecting, among other lands and interests, the Property Interests;
WHEREAS, the widening and expansion of Mayhill Road constitutes a valid public use of
the City and its citizens;
WHEREAS, the City made a written Initial Offer to the owner of the Property Interests,
BCI Real Estate Ventures, L.P., a Texas limited partnership, ( "Owner "), on June 15, 2015;
WHEREAS, at the time the City made the Initial Offer, by certified mail, return receipt
requested, to the Owner of the Property Interests, the City also provided all appraisal reports
produced or acquired by the City relating specifically to the Owner's property prepared in the ten
(10) years preceding the date of the Initial Offer;
WHEREAS, the Initial Offer made by the City to the Owner of the Property Interests did
not include a confidentiality provision and further informed the Owner of the Property Interests
that such Owner had the right to (i) discuss any offer or agreement regarding the City's acquisition
of the Property Interests with others; or (ii) keep the offer or agreement confidential, unless the
offer or agreement would be subject to Chapter 552 of the Texas Government Code (the "Non
Confidential Notice ");
WHEREAS, the City made a written Final Offer, by certified mail, return receipt requested,
to the Owner of the Property Interests on or before August 7, 2015, which was more than thirty
(30) days after the date on which the City made the Initial Offer to the Owner of the Property
Interests;
WHEREAS, along with such Final Offer, the Owner of the Property Interests was provided
a written appraisal from a certified appraiser of the value of the Property Interests and the damages,
if any, to any of the Owner's remaining property;
WHEREAS, the Final Offer made to the Owner of the Property Interests was equal to or
greater than the amount of the written appraisal obtained by the City;
WHEREAS, the Final Offer made to the Owner of the Property Interests included (i) a
copy of the written appraisal; and (ii) copy of the (a) Special Warranty Deed; being the instruments
proposed to convey the Property Interests sought to be acquired by the City; (iii) the Landowner's
Bill of Rights statement prescribed by Section 21.0112 of the Texas Property Code; and (iv) the
Non Confidential Notice;
WHEREAS, the City provided the Owner of the Property Interests at least fourteen (14)
days to respond to the Final Offer and the Owner of the Property Interests did not agree to the
terms of the Final Offer within that period;
WHEREAS, the notice for the public meeting of the City Council of the City in which this
Ordinance is considered, as required by Subchapter C, Chapter 551, of the Texas Government
Code, in addition to other information, as required by that subchapter, expressly included the
consideration by the City of Denton of the use of eminent domain to condemn the Property
Interests;
WHEREAS, in ordaining the matters set forth herein, the motion to pass and approve this
ordinance was stated as "I move that the City of Denton, Texas authorize the use of the power of
eminent domain to acquire (i) fee simple title to a 1.509 acre tract, for the public use of expanding
and improving Mayhill Road, a municipal street and roadway, generally located in the Morreau
Forrest Survey, Abstract No. 417, City of Denton, Denton County, Texas, at the southeast corner
of E. McKinney Street and S. Mayhill Road, and more particularly described on "Exhibit "A" to
the ordinance now under consideration and on the overhead screen being now displayed to the
audience, for the public use of expanding and improving Mayhill Road, a municipal street and
roadway in the City of Denton, Texas "; and
WHEREAS, after due consideration of the public interests to be furthered by the public
use of expanding and improving Mayhill Road, a municipal street and roadway; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Council finds that a public use and necessity exists to widen and expand
Mayhill Road to serve the citizens of the City of Denton, Texas, and that the public welfare and
convenience requires the acquisition of the Property Interest, and the City of Denton, Texas does
hereby exercise its home -rule and statutory authority to acquire by eminent domain, fee simple to
a 1.509 acre tract, for the public use of expanding and improving Mayhill Road, a municipal street
and roadway, generally located in the Morreau Forrest Survey, Abstract No. 417, City of Denton,
Denton County, Texas, at the southeast corner of E. McKinney Street and S. Mayhill Road, and
more particularly described on the attached "Exhibit "A" (Property Interest). The Council hereby
further finds and determines that the acquisition of the Property Interest is for a public use, to serve
the public and the citizens of the City of Denton, Texas.
SECTION 2. The Council authorizes and directs the filing and prosecution of eminent
domain proceedings by the City of Denton, Texas to acquire the Property Interest.
SECTION 3. The City Council finds that the Owner was the record title owner of said
Property Interest at the time of making the Initial Offer and Final Offer. Without limiting the
general authorization provided in Section 2, above, the City Council further authorizes joinder of
additional or differing owner or owners, or claimant or claimants, of the Property Interests, if
applicable, in the eminent domain proceedings, and to condemn the interests of each such parties
to acquire the Property Interests.
SECTION 4. The City Manager, or his designee, shall have the authority to do all things
necessary or appropriate to acquire the Property Interest by eminent domain, including without
limitation, the authority to expend funds related to the prosecution of such eminent domain
proceedings.
SECTION 5. The recitals provided in this Ordinance, as set forth above, are specifically
and expressly adopted by the Council as express findings by the Council.
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.
PASSED AND APPROVED this the , 2015.
day of
Cl, II AT Ts, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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Exhibit A to Ordinance - "Property Interests"
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said City of Denton tract, a distance of 99-98 feet to a "PIC'Nail set in Mayhill Road for the southwest comer of
said BC1 tract and the northwest comer of said City of Denton tract;
acre lie within existing Mayhill Road. r
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