HomeMy WebLinkAbout2005-0095 26Nbble 9 k-final.000
AN ORDINANCE GRANTING APPROVAL OF A SUB -SURFACE USE OF A PORTION OF
PEBBLE BROOK OPEN SPACE PARK FOR THE PURPOSE OF A PUBLIC UTILITY
EASEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND
WILDLIFE CODE; PROVIDING FOR A PUBLIC UTILITY EASEMENT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Section 26.001 of the Texas Parks of Wildlife Code provides that public
land designated and used as a park may be used for a non -park purpose if the City Council finds
after notice and hearing that there is no feasible and prudent alternative to the use of such land
for the proposed project and the proposed project includes all reasonable planning to minimize
harm to the park resulting from such use; and
WHEREAS, the City of Denton desires to improve public utility service to the City of
Denton by improving Loop 288 and relocating utilities onto a 274.82 linear foot section through
the park; and
WHEREAS, the City of Denton desires to provide the public utility easement since
alternative options would not be feasible and prudent; and
WHEREAS, the City provided notice in the Denton Record Chronicle on December 14,
21, and 28, 2004 of a Public Hearing to be held on January 4, 2005 in the Council Chambers to
consider the alternatives to the use of City Park for the public utilities relocation project; and
WHEREAS, the City Council on January 4, 2005 received testimony at a public hearing
on the issues of no feasible and prudent alternative to the use of the property for the proposed
project and that the project includes all reasonable planning to minimize harm to the Pebble
Brook Open Space Park resulting from the public utility easement; and
WHEREAS, the City Council finds that the project does not fall within the purview of
Section 253.001 of the Texas Local Government Code; and
WHEREAS, the City Council finds that there is no feasible and prudent alternative to the
use of the park land and that the subject utilities relocation project includes all reasonable
planning to minimize harm to the park as a result of the project; 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 public utility easement proposed by the City of Denton Municipal
Utilities (the "Project") shall be constructed and maintained below the surface of the park
property (except for minor above ground appurtenances necessary to the subsurface utility lines)
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described in Exhibit A, which is attached hereto and made a part hereof for all purposes, and that
the surface of the park after installation of the utility lines be constructed in a manner so that the
park land may still be used by its patrons after completion of the Project in the same manner it
was used prior to the Project. The City Council hereby approves the Project, subject to the
requirements of this ordinance.
SECTION 2. A public utility easement shall be signed by the City Manager or his
designee and approved by the City Attorney allowing the use of the park property for the Project
as referenced above with appropriate provision to insure the improvements are constructed in
accordance with City Subdivision Rules and Regulations; protects the patrons using the park
from injury and damage both during and after construction of the Project; compensates for the
reasonable market value of the use herein granted and generally protect the health, safety and
general welfare of the City.
SECTION 3. During construction of the Project, temporary use of such additional park
land necessary to stage the construction of the improvements is allowed within the area described
in Exhibit `B" attached hereto and made a part hereof by reference or in such other area that is
approved by the Director of Parks and Recreation Department. However, at the completion of the
construction activities for the Project such additional park land shall be restored to the condition
to which it existed prior to the beginning of such construction activities.
SECTION 4. The rights and benefits set forth in this ordinance may not be assigned
without the express written consent of the City.
SECTION 5. The findings contained in the preamble of this ordinance are incorporated
into the body of this ordinance.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 'f 4t day o
ATTEST:
WALTER$, UTY SECRETARY
ED AS TO LEGAL FORM:
T L. PRO,UTY, CTA ATTORNEY
IM
Page 2 of 2
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DATE:- 5/6/2004
CITY OF DENTON OF
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