22-2308ORDiNANCE NO. 22-2308
AN ORDINANCE OF THE CITY OF DENTON DETERMINING THE PUBLIC USE. NEED.
AND NECESSITY FOR THE ACQUISITION OF LAND RIGHTS IN APPROXIMATELY50.415 ACRES OF LAND FOR CONSTRUCTING A WASTE WATER TREATMENTFACILITY, GENERALLY LOCATED ALONG COUNTRY CLUB ROAD. SITUATED INTHE JAMES W. WITHERS SURVEY ABSTRACT NO. 1343, 1N THE EXTRA TERRITORIALJURISDICTION OF THE CITY AND COUNTY OF DENTON, TEXAS, AND MORE
PARTICULARLY DESCRIBED IN THE ATTACHED EXHIBIT “A“ (COLLECTIVELY, THE“PROPERTY INTERESTS”); AUTHORIZING THE CITY MANAGER AND CITYATTORNEY, OR THEIR RESPECTIVE DESIGNEES, TO ACQUIRE THE PROPERTYINTERESTS BY AGREEMENT, IF POSSIBLE, INCLUDING MAKING ALL OFFERSREQUIRED BY LAW; AUTHORIZING THE USE OF THE POWER OF EMINENT DOMAINTO CONDEMN THE PROPERTY INTERESTS IF AGREEMENTS CANNOT BE REACHED:AUTHORIZING THE CITY ATTORNEY, OR HIS DESIGNEE, TO FEE EMINENT DOMAINPROCEEDINGS IF NECESSARY; AUTHORIZING THE EXPENDITURE OF FUNDING;MAKING FINDINGS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING ANEFFECTIVE 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 (“City”).
The City Council finds that the acquisition of the Property Interests is a valid public use necessary
to provide for the expansion of the Hickory Creek Waste Water Treatment Facility needed to
accommodate increased capacity resulting from future growth and planned development in the
City (the “Project”), and to serve the public and the citizens of the City; and
WHEREAS, the acquisition of the Property Interests identified in Exhibit “A“ is necessary
in furtherance of the Project; and
WHEREAS, the City is required to make an initial offer as defined by, and in compliance
with, Texas Property Code §21.011 1 (“Initial Offer”), and a bona fide offer as defined by, and in
compliance with, Texas Property Code 621.0113 (“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, independent professional appraisal reports 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 their designee will establish a certain amount determined to be just compensation for the
individual Property Interests based on the appraisal(s) and fair market value(s) 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 bereached with the subject landowner for the purchase of the Property Interests; NOW,THEREFORE,
THE COUNCIL OF THE CITY OF DENTON ORDAINS:
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 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 3. The City Council authorizes the City Attorney, or their 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 she 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 their designee, is appointed as negotiator for the
acquisition of the needed Property Interests and, as such, the City Manager, or their designee, isauthorized 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 their designee, is specifically authorized to establish and make offer(s) of
just compensation for the acquisition of the Property Interests to the respective landowner(s) inaccordance with State and any other applicable law. If an agreement as to damages or
compensation cannot be reached, then the City Attorney, or their 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 5. It is the intent of the City Council that this Ordinance authorize the City
Manager and City Attorney, or their designees, are authorized to perform all steps necessary toobtain the Property Interests necessary for the Project, whether through negotiation or
condemnation, including the expenditure of funds.
SECTION 6. It is the intent of the City Council that this Ordinance authorize the
acquisition and condemnation of all property interests required for the construction and installation
of the Project for public uses to serve the public and citizens of the City. 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 their 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. The Project is generally located
Page 2
along Country Club Road, situated in the James W. Withers Survey Abstract No. 1343, in the
Extraterritorial Jurisdiction of the City and County of Denton, Texas.
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 forthat amount.
SECTION 8. Following an award by 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 respective Property Interest(s)
without further action of the City Council.
SECTION 9. If any section, article, paragraph, sentence, phrase, clause, or word in thisordinance, 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 fullforce and effect.
SECTION 10. This Ordinance shall become effective immediately upon its passage.
Th, m,ti,„ t, ,pp„„, thi, „di„,„„ w„ m,d, by fk hn, e)eA’_ and secondedb V (c+t e>uk.L& , the ordinance was passed and approved by the
following vote U - U >
Aye
1/
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :\/
t/
1/
Brian Beck, District 2:
Jesse Davis, District 3 :
VACANT, District 4:
Brandon Chase McGee, At Large Place 5 :P/
1/‘Chris Watts, At Large Place 6:
Page 3
PASSED AND APPROVED thi, th, + d,y ,f brathr , 202 .
litE
ATTEST:
ROSA RIOS, CITY SECRETARY 1\\\\11111111D
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: &@*””’'“ KM:aT
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