2017-219S:\Legai\Our Documents\Ordinances\MBrinker Sub [NuView] ED Ordinance.docx
ORDINANCE NO.
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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 supporting a new electric substation 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,
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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.
Section 2. The City Council authorizes acquisition of the Property Interests, as more
particularly described Exhibit "A" and depicted in Exhibit "B", both of which are 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 on the south side of Shady Oaks Drive, east of Woodrow Lane, 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
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:zuu
APPROVI " AS "I .,E�,GIAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
day of JAtA Lk , 2017..
a�Y
Cl. I,
BY:..........�._..... ��......�." �,o... .
EXHIBIT "A"
ELECTRIC EASEMENT
NuView Molecular Pharmaceuticals, Inc.
BEING a 0.339 acre tract of land situated in the Mary L. Austin Survey, Abstract No. 4, City of Denton, Denton
County, Texas, and being a part of that tract of land described as Tract I in a Deed to NuView Molecular
Pharmaceuticals, Inc., as recorded in Document No. 2011-119321 of the Official Records of Denton County,
Texas, and being known as a part of Lot 2, Block 1 per the Final Plat of Research Addition, as recorded in
Cabinet O, Page 130 of the Plat Records of Denton County, Texas, and being more particularly described as
follows:
BEGINNING at a 1/2 inch iron rod found for the Southeast corner of the above cited Lot 2 and being in the
South line of a called 105.2281 acre tract of land described in a Deed to NW Realty, Inc., as recorded in
Document No. 93-065091 of the Real Property Records of Denton County, Texas, said point also being in the
North line of a 30' Street Easement, as recorded in Volume 407, Page 472 of the Deed Records of Denton
County, Texas;
THENCE North 89°28'12" West along the South line of said Lot 2, the South line of said 105.2281 acre tract and
the North line of said 30' Street Easement, for a distance of 283.83 feet to a 5/8 inch iron rod with cap stamped
"TNP INC ESMT" set for corner, from which the Southwest corner of said Lot 2 bears North 89028'12" West a
distance of 451.88 feet;
THENCE North 52°38'17" East departing the South line of said Lot 2, the South line of said 105.2281 acre tract
and the North line of said 30' Street Easement, for a distance of 97.69 feet to a 5/8 inch iron rod with cap
stamped "TNP INC ESMT" set for corner at an angle point;
THENCE South 89028'12" East for a distance of 208.14 feet to a 5/8 inch iron rod with cap stamped "TNP INC
ESMT" set for corner in the East line of said Lot 2;
THENCE South 01°52'37" West along the East line of said Lot 2, for a distance of 60.02 feet to the POINT OF
BEGINNING, and containing 0.339 acres of land, more or less.
NOTE. Bearings are referenced to grid north of the Texas Coordinate System of 1983 (North Central Zone; NAD83(2011)
Epoch 2010) as derived locally from Western Data Systems Continuously Operating Reference Stations (CORS) via Real
Time Kinematic (RTK) survey methods. Distances represent surface values utilizing a surface adjustment factor of
1.000147317 to scale from grid to surface.
Todd B. Turner, R.P.L.S. No. 4859
Teague Nall & Perkins
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1517 Centre Place Drive, Suite 320
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4859
Denton, Texas 76205
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940-383-4177
Date: February 7, 2017
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Electric Easement — NuView Molecular Pharmaceuticals Page 1 of 2
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