2005-317
ORDINANCE NO. 2005-317
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING SETTLEMENT OF
AN EMINENT DOMAIN ACTION STYLED CITY OF DENTON, TEXAS V. DANA J
BEAVERS AKA DANA J SMITH, ET AL., CAUSE NO. ED-2004-485, FILED IN THE
PROBATE COURT OF DENTON COUNTY; AUTHORIZING THE CITY MANAGER AND
THE CITY'S ATTORNEYS TO ACT ON THE CITY'S BEHALF IN EXECUTING ANY
AND ALL DOCUMENTS, AND TO TAKE OTHER ACTIONS NECESSARY TO FINALIZE
THE SETTLEMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 2005-053, the City Council authorized the
deposit of the amount of thc Special Commissioners' Award in the sum of $61,973.00 (the
"Award") into the Registry of the Court for the acquisition of certain real property in an eminent
domain action styled City of Denton, Texas v. Dana J Beavers aka Dana J Smith, et ai, Cause
No. ED-2004-485, filed in the Probate Court of Denton County, Texas (the "Eminent Domain
Action"); and
WHEREAS, the City has deposited the Award into the registry of the court; and
WHEREAS, Defendants appealed the Award thereby converting the Eminent Domain
Action into a civil trial; and
WHEREAS, Defendants have offered to settle the Eminent Domain Action for the total
sum of$76,973.00 which is $15,000.00 above the amount of the Award; and
WHEREAS, the City Council of the City of Denton, Texas hereby finds that the
settlcment amount of$76,973.00 is appropriate and in the public interest; and
WHEREAS, this ordinance supersedes City of Denton Ordinance Number 2005-294.
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. The City Council hereby approves the settlement of the Eminent Domain
Action for the amount of $76,973.00 (the "Settlement Amount").
SECTION 3. The City Manager, or his designee, and the City's Attorneys are hereby
authorized to act on the City's behalf in approving and executing any and all documents, and to
take other actions necessary, to finalize the settlement.
S:\Our 11Qcumems\Ordinances\05\Beavers Settlement Ordin:mce2doc
SECTION 4. The City Manager, or his designee is hereby authorized to expend the
funds in accordance with the settlement, which includes the Settlement Amount, court costs,
closing costs, and other incidental costs necessary to consummate the settlement.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the liif1 day of &f!i1J ~./
,2005.
cuk.u ~cL
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR ED AS TO LEGAL FORM:
EDWIN M. SNYDER, TY ATTORNEY
BY:
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