2017-170S:\Legal\OL]r Documents\Ordinanccs\17\I Iickory to Locust `I'L LD Ordinance.docx
A)RDINANCE NO. 1
1 •, 1 ,' 1 � ,• •. 1
Popov
1
ACQUIRE10
1;
ALL OFFERS REQUIRED BY LAW; AUTHORIZING THE USE OF THE POWER OF
EMINENT DOMAIN TO CONDEMN THE PROPERTY''
REACHED;AGREEMENT CANNOT BE 1= AUTHORIZING
ATTORNEY, 1' HIS DESIGNEE,1 FILE EMINENT DOMAIN PROCEEDINGS 1
FINDINGS;NECESSARY; AUTHORIZING THE EXPENDITURE OF FUNDING; MAKINGS
PROVIDING 1 PROVIDING AN EFFECTIVE
DATE.
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 for the expansion, construction, maintenance, and operation of an electric transmission
line, ancillary facilities and structures to serve the public and citizens of the City; and
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 before beginning the acquisition of the
Property Interests by eminent domain; and
WHEREAS, an independent professional appraisal report of the Property Interests will be
submitted to the City as required by Chapter 21 of the Texas Property Code, and the City Manager
or his designee will establish a certain amount determined to be just compensation for the Property
Interests based on the appraisal and fair market value of the Property Interests and any applicable
fees necessary to acquire the Property Interests; 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 for the purchase of the Property Interests. NOW,
THEREFORE,
10. 1► 1 1 I I'.
Section 1. 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.
Sectioti 2. The City Council authorizes acquisition of the Property Interests, as more
particularly described and depicted in Exhibit "A" attached hereto and incorporated herein, for the
reasons and purposes set forth above together with all necessary electric transmission line related
appurtenances, additions and improvements on, over, under, and through the Property Interests.
Section 3. The City Council authorizes the City Attorney, or his 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 and conveyance documents, to
retain and designate a qualified appraiser of the Property Interests to be acquired and any other
experts or consultants that he deems necessary for the acquisition process, to retain qualified
outside litigation counsel as needed, and, if necessary, to institute and conduct all parts of the
proceedings in eminent domain in accordance with the laws and procedures of the State.
Section 4. 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 to the landowner(s) of the Property
Interests in accordance with State and any other applicable law. 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 and interested parties of the Property
Interests, proceedings in eminent domain to acquire the Property Interests.
Section 5. It is the intent of the City Council that this Ordinance authorize the
condemnation of all property required for the expansion, construction, maintenance, and operation
of an electric transmission line, ancillary facilities and structures. This property is generally
located at the northwest corner of Bonnie Brae Street and Oak Street, Denton, Denton County,
Texas.
Section 6. If it is determined that there are scrivener errors in the descriptions
contained herein or if later surveys contain more accurate revised descriptions, the City Attorney
or his designee is authorized to have such errors corrected or revisions made without the necessity
of obtaining a new City Council Ordinance authorizing condemnation of the corrected or revised
property.
Section 7. In the event that Special Commissioners appointed by the Court during
condemnation proceedings return an award that is the same amount or less than the amount offered
by the City for just compensation, the City Attorney is hereby authorized to settle the lawsuit for
that amount.
Section 8. Following an award by the Special Commissioners, the City Finance
Director is hereby authorized to issue a check from the appropriate fund in an amount not to exceed
the Special Commissioners' award payable to the County Clerk of Denton County to be deposited
in the registry of the Court to enable the City to take possession of the subject property without
further action of the City Council.
Section 9. 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 10. This Ordinance shall become effective immediately upon its passage.
PASSED AND APPROVED this the day of , 2017.
C'R� IR� ...U,-Ir'S,
YO
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPRO , A*T(LIEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
BY:
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