2005-142
ORDINANCE NO. ~ {ltl5- pI ~
AN ORDINANCE APPROVING A SETTLEMENT OF A CONDEMNATION PROCEEDING
STYLED CITY OF DENTON, TEXAS V. THE MT COLE TRUST, ET AL, PENDING IN THE
PROBATE COURT OF DENTON COUNTY, TEXAS UNDER CAUSE NO. ED-2003-00489;
BEING AN ACQUISITION OF AN ELECTRIC UTILITY EASEMENT OUT OF A TRACT
OF LAND OWNED BY THE M.T. COLE TRUST NUMBERS 1,2,3, AND 4 JUST SOUTH
OF THE DENTON MUNICIPAL AIRPORT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 2004-002 (the "Ordinance") the City Council
deteffi1ined that a public necessity exists and that public welfare and convenience required the
acquisition of approximately 8.91 and 16.30 acre tracts or parcels of land for electric utility
easement purposes with such easement rights being in the name of the City of Denton, Texas as
more particularly described in the Ordinance (the "Easement"); and
WHEREAS, after unsuccessfully attempting to agree on compensation and damages due
the owners of the Easement property, the City Attorney filed a condemnation proceeding to
acquire the Easement, such case being styled City of Denton, Texas v. Susan Bonner Mead, Jack
Donald Cole, Amy Cole Griffin, Trustees of the MT Cole Trust Numbers I, 2, 3 and 4, and the
Texas Scottish Rite Hospital, as their interest may appear, under Cause No. ED-2003-00489 in
the Probate Court of Denton County, Texas (the "Condemnation Proceedings"), being an
acquisition of an electric utility easement out of a tract of land owned by the M.T. Cole Trust
Numbers 1,2,3, and 4 just south of the Denton Municipal Airport; and
WHEREAS, the City has received a settlement offer from the property owners for full
compensation for the Easement including damages to the remainder; 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 settlement of the Condemnation
Proceedings for the sum of $700,000 for the value of the Easement and damages to the
remainder property. The City Council also approves any closing costs associated with the
consummation of the settlement.
SECTION 3. The City Manager, or his designee is hereby authorized to execute any
documents on behalf of the City necessary to consummate the settlement of the Condemnation
Proceedings. The City Attorney, or his designee is hereby authorized to execute any pleadings
necessary to consummate the settlement and dismiss the Condemnation Proceedings.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 0'{ '-f-l:/1 day of Ylf.. ~
,2005.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY~\~~ \J"u-., A/
APPROVED AS TO LEGAL FORM:
EDWINM. SNYDER, INTERIM CITY ATTORNEY
BY:
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EULINE BROCK, MAYOR