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.