2005-097ORDINANCE NO. , £05-04 7
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING SETTLEMENT OF
AN EMINENT DOMAIN ACTION STYLED CITY OF DENTON, TE~S V. ED WOLSKI,
TRUSTEE, ET AL, CAUSE NO. ED-2003-01177, 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. 2004-328, the City Council authorized the
deposit into the registry of the court of the Special Commissioners' Award in the susn of
$126,600.00 (the "Award") for the acquisition of certain real property in an eminent domain
action styled City of Denton, Texas v. Ed Wolski Trustee, et al, Cause No. ED-2003-01177, 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 $133,070.00 which is $6,470.00 above the Award; and
WHEREAS, the City Council of the City of Denton, Texas hereby finds that the
settlement amount of $133,070.00 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 $133,070.00 (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.
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 ~ --day of (~f/'~,/.f,~ ~ ,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APP/RfOV~D AS TO LEGAL FOR3jl:
HERBERT~~RNEY
BY. ~"- '" ~
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