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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: ~d-- L"oko.,',"m"'""""..".~,""",""""""",","'"OC Page 2 C:~~L EULINE BROCK, MAYOR