2009-289ORDINANCE NO.2009- z~g
AN ORDINANCE FINDING THAT A NECESSITY EXISTS TO ACQUIRE FEE SIMPLE
TITLE TO TRACTS, DRAINAGE EASEMENTS AND TEMPORARY CONSTRUCTION
EASEMENTS AND AUTHORIZING THE ACQUISITION THEREOF THROUGH
AGREEMENT OR BY EMINENT DOMAIN ON VARIOUS HEREINAFTER DESCRIBED
PARCELS OF REAL PROPERTY FOR DRAINAGE ENHANCEMENTS RELATED TO THE
"EAGLE DRIVE DRAINAGE IMPROVEMENTS PROJECT - PHASE I"; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, after due consideration of the public interest. and the use and benefit to
accrue to the City of Denton, Texas; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Council finds that a public necessity exists, and that the public
welfare and convenience require, and the City of Denton, Texas does hereby exercise its home-
rule and statutory authority to acquire by agreement or through eminent domain, the fee simple
estate of tracts described in Attachment "1" and permanent drainage easements and temporary
construction easements, over, under, and across the subject tracts described in Attachment "2",
attached hereto and made a part hereof by reference (hereinafter collectively described as the
"Tracts"). The project is referred to as the "Eagle Drive Drainage Improvements Project - Phase
I". The City Council hereby finds and determines that the acquisition of the Tracts through
agreement or eminent domain is for a public purpose to provide drainage facilities, to serve the
public and the citizens of the City of Denton, Texas.
SECTION 2. The City Attorney, or her designee, shall have the authority to do all
things necessary and appropriate to acquire the Tracts through agreement or BY eminent domain.
The City Council delegates to the City Attorney, or her designee, the details of accomplishing
this objective including, but not limited to, obtaining final surveys, title insurance, engineering
matters, title search, formulating and presenting offers, proper documentation, and filing and
prosecuting eminent domain proceedings.
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 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 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ML day of 32009.
ATTESTED:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:' /
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