2008-257ORDINANCE NO. 2008- �.� %
AN ORDINANCE FINDING THAT A NECESSITY EXISTS TO ACQUIRE EASEMENTS
AND TEMPORARY CONSTRUCTION EASEMENTS AND AUTHORIZING THE
ACQUISITION THROUGH AGREEMENT OR EMINENT DOMAIN OF APPROXIMATE
TWENTY-FIVE FOOT WIDE UTILITY EASEMENTS AND APPROXIMATE TWENTY-
FIVE FOOT WIDE TEMPORARY CONSTRUCTION EASEMENTS ON VARIOUS
HEREINAFTER DESCRIBED PARCELS OF REAL PROPERTY FOR THE RELOCATION
AND 1NSTALLATION OF MUNICIPAL UTILITIES RELATING TO THE "U.S. HIGHWAY
380 UTILITY RELOCATION, BONNIE BRAE TO ELM STREET PROJECT"; 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 TI�REFOR,
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, approximate
25-foot wide permanent and perpetual utility easements; and approximate 25-foot wide
temporary construction easements, over, under, and across the course shown in E�chibit "A"
attached hereto and made a part hereof by reference (hereafter the "Easements"). The project is
referred to as the "US Hwy 380 Utility Relocation, Bonnie Brae to Elm St Project." The City
Council hereby finds and determines that the acquisition of the Easements through agreement or
eminent domain is for a public purpose to provide public utilities, 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 Easements through agreement or 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.
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PASSED AND APPROVED this the �l— day of �� �, 2008.
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A. RR , YOR
ATTESTED:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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By: