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2016-009ORDINANCE NO.' 2016 -009 AN ORDINANCE OF THE CITY OF DENTON DETERMINING THE PUBLIC USE, NEED, AND NECESSITY FOR THE ACQUISITION OF FEE SIMPLE TITLE TO THE SURFACE ESTATE, INCLUDING A WAIVER OF SURFACE USE TO THE MINERAL ESTATE, OF A TRACT OF LAND ( "PROPERTY INTERESTS ") GENERALLY LOCATED IN THE 1200 BLOCK OF NORTH INTERSTATE HIGHWAY 35 EAST AND BEING A PORTION OF LOT 1, BLOCK 1, ROYAL INN ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS ACCORDING TO THE PLAT RECORDED IN CABINET D, PAGE 329, PLAT RECORDS, DENTON COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE ATTACHED EXHIBIT 64A99; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY, OR THEIR RESPECTIVE DESIGNEES, TO ACQUIRE THE PROPERTY INTERESTS BY AGREEMENT INCLUDING MAKING INITIAL AND FINAL OFFERS; AUTHORIZING THE USE OF THE POWER OF EMINENT DOMAIN TO CONDEMN THE PROPERTY INTERESTS IF AN AGREEMENT CANNOT BE REACHED; AND AUTHORIZING THE CITY ATTORNEY, OR HER DESIGNEE, TO FILE EMINENT DOMAIN PROCEEDINGS IF NECESSARY; AUTHORIZING THE EXPENDITURE OF FUNDING; MAKINGS FINDINGS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Fire Station No. 3 Rebuild) 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 by the City of Denton, Texas ( "City "). The City Council finds that the acquisition of the Property Interests is a valid public use necessary to provide fire and emergency medical services to the public and the citizens of the City. 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 §21.0113 ( "Final Offer ") to acquire the Property Interests for public use, voluntarily, from the subject landowner(s) before beginning the acquisition of the Property Interests by eminent domain; 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 landowner(s) for the purchase of the Property Interests; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON ORDAINS: Section I. 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 II. 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 III. The City Council authorizes the City Attorney, or her 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, to retain and designate a qualified appraiser of the Property Interests to be acquired and any other experts or consultants that she deems necessary for the acquisition process, to retain qualified outside litigation counsel as needed, and, if necessary, to institute proceedings in eminent domain. Section IV. The City Manager, or his designee, is appointed as negotiator for the acquisition of the needed Property Interests and, as such, the City Manager, or 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 designee, is specifically authorized to establish and make offer(s) of just compensation for the acquisition of the Property Interests. If an agreement as to damages or compensation cannot be reached then the City Attorney, or 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 V. The City Manager, or his designee, is authorized and directed to make an offer to the subject landowner(s) of the Property Interests in the amount of $1,150,000.00 as just compensation for the Property Interests with said amount being based on an amount determined by an independent fee appraisal obtained by the City. Section VI. 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 VII. This Ordinance shall become effective immediately upon its passage. PASSED AND APPROVED this the day of � 2016. CHRIS WATTS, MA OR ATTEST: JENNIFER WALTERS, CITY SECRETARY PROPERTY INTERESTS — Exhibit "A" All that certain tract or parcel of land situated in the E. Puchalski Survey Abstract No. 996, and being known as Lot 1, Block 1, Royal Inn Addition, an addition to the City of Denton, Denton County, Texas according to the Plat recorded in Cabinet D, Page 329, Plat Records, Denton County, Texas; save and except that portion conveyed in Deed dated April 9, 2014 by and between B.M.A.J., Inc., a Texas corporation (as Grantor), to The State of Texas (as Grantee), recorded March 11, 2015 under instrument number 2015 - 24239, Real Property Records, Denton County, Texas.