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2016-011S: \Legal \Our Documents \Ordinances \16 \West Parallel Runway - Denton Airport (SLF II Cole Properties) Ordinance - Authorization for Offers and ED - LCC - 12292015.docx ORDINANCE NO. 2016 -011 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 29.444 ACRE TRACT ( "PROPERTY INTERESTS ") DESCRIBED IN THE ATTACHED EXHIBIT "A ", GENERALLY LOCATED AND ADJACENT TO THE SOUTHWEST BOUNDARIES OF THE CITY OF DENTON ENTERPRISE AIRPORT PROPERTY AND BEING SITUATED IN THE J. MCDONALD SURVEY, ABSTRACT 873, DENTON COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE ATTACHED EXHIBIT "A "; 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. (Denton Enterprise Airport: West Parallel Runway project (SLF II Cole Properties, LP)) 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 the expansion of aviation infrastructure and facilities 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 $294,440.00 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 _ , CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY PPRO '�-JR(,JvESS, D AS 'P0 LEGAL FORM: ANITA i CITY ATTORNEY BY: Exhibit "A" - Property Interests Exhibit "A" - Property Interests THENCE N 890 39' 41" W, a distance of 917.78 feet to a' /2" iron rod with a plastic cap stamped "KSA ENG" set for corner; THENCE N 08" 52' 10" E-, a distance of 1719.02 feet to a 1/2" iron rod with a plastic cap stamped "KSA ENG" set at an angle point; THENCE N 000 08' 11" E, a distance of 69,49 feet to a 1/2" iron rod with a plastic cap stamped "KSA ENG" set at the point of intersection with a north boundary line of said Tract 1, the same being the south boundary line of the aforementioned 331.94 acre tract, a Y2" iron rod with a plastic cap found at the southwest corner of said 331.94 acre tract bears, N 89' 34' 10" W, 1079.07 feet; THENCE S 890 34' 10" E, along the south boundary line of said 331.94 acre tract, 537.30 feet to the PLACE OF BEGINNING and containing 29.444 acres of land, more or less. The bearings and distances recited herein are GRID based on the Texas State Plane Coordinate System (NAD83) North Central Zone using NGS monurnerits'I'XWE, TXN0, TXCO, and DTO C. This description and corresponding plat were prepared from a survey made on the ground under my supervision. . . ......WO ..... . . . ...... ........ . . . . . �effr 'y l-"I'sw'orth Hudson J((iimao.d Professional I,and Surveyor Texas Registration No. 4850 KSA ENGINEERS T13PLS Firn-t Reg, No. 10115000 MMM, ON F, Exhibit "A" - Property Interests --- - - - - -- ._......... -- m.._ .......................r. ., -._.— ........ J. McDONALD SURVEY A -873 KSA ENG NI E RS 29.444 ACRES CITY OF DENTON DENTON COUNTY, TEXAS i