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2005-294 ORDINANCE NO. '/'005- dfl1 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 EFFECTlVE DATE. WHEREAS, pursuant to Ordinance No. 2005-053, the City Council authorized the deposit of the amount of the 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$71,973.00 which is $10,000.00 above the amount of the Award; and WHEREAS, the City Council of the City of Denton, Texas hereby finds that the settlement amount of$71 ,9730.00 is appropriate and in the public interest; 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 $71 ,973.00 (the "Settlement Amount"). SECTlON 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 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. S:\Our Documents\Ordinance~\05\Beavers Settlement Ordinance,doc SECTION 5. This ordinance shall become effective immediately upon its passage and approvaL PASSED AND APPROVED this the~ day ov/.fJtJt'p /11' i1vtJ , 2005. c~AJJL EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: qllM hdU}~dJPl/ f1JAt. APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY RY~ Page 2