22-2324 - INCOMPLETEORDNANCE NO. 22-2324
AN ORDnqANCE OF THE CITY OF DENTON AUIHORIZING THE CITY MANAGER TOACCEPT AN OFFER FROM ATMOS ENERGY CORPORATION TO PURCHASE ANAPPROXIMATE 0.759 ACRE DISTRIBUTION EASEMENT AND RIGHt OF WAY iN THE
GIDEON WALKER SURVEY. ABSTRACT 1330, LOCATED EAST OF MAYHrr,L ROADIN THE crrY AND COUNTY OF DENTON, TEXAS; AUIHORIZR+G THE CITYMANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO CONSUMMATE THETRANSACTION AND TO CARRY our ALL DUtIES OF THE CITY PURSUANT TO THE
AGREEMENT, PROVIDING A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY;AND PROviDnqG AN EFFECTIVE DATE.
WHEREAS, Atmos Energy Corporation (“ATMOS”) has requested that the City of
Denton (“City”) grant ATMOS a Distribution Easement and Right of Way as attached hereto as
Exhibit 1 and incorporated herein for all purposes (collectively, the “Distribution Easement”)encumbering approximately 33,041.00 square feet (0.759 acres) as more particularly described
and depicted in Exhibit “A“ to Exhibit 1, located east of Mayhill Road in the City and County ofDenton, Texas, for installation and construction of gas distribution pipeline line and all necessary
or desirable appurtenances; and
WHEREAS, the City is willing to grant to ATMOS the Distribution Easement in
exchange for the total compensation amount of Forty-Eight Thousand, One Hundred NineteenDollars and 00/100 ($48,119.00), representative of the fair market value provided by an
independent appraisal; and
WHEREAS, the City Council hereby finds the easement conveyance to ATMOS will
benefit and serve the public; NOW, THEREFORE,
THE couNcn OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by
reference into the body of this Ordinance as if fully set forth herein.
SECTiON 2. The City Manager, or designee, is authorized to execute and deliver to
ATMOS the Distribution Easement and Right of Way attached hereto as Exhibit 1, in exchange for
the compensation expressed above.
SECTION 3. If any section, article, paragraph, sentence, phrase, clause, or word in this
Ordinance, or application thereof to any persons or circumstances, is held invalid orunconstitutional 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 ordainedsuch remaining portion despite such invalidity, and such remaining portion shall remain in fullforce and effect.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
Th, m,dm bq,p„„ hi, adi„,„„ w„ m,d, by BrIar\ Beck and
swondedby BrMda7t CAsE PLC(He , . TheQrdinance waspassedandapprovedby
the following vote [b - a]:
Aye Nay Abstain Absent
Mayor GerwdHudspeth:
Vicki ById, District 1 :
Brian Beck District 2:
Paul Meltzer. District 3:
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5:
Chris Was, Atlalge Place 6:
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day ofPASSED ANDAPPROV£Dai, a, \ n
ATIEST:
b\\II IIttII
APPROVED AS TO LEGAL FORM:
MACK REnTWAND. crrY ATTORNEY
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