2010-057s:lour documentslordinances1091dai•t ordinance for sale and transfer of Benton l~rancll tail trail corridor 12-5-09,doc
ORDINANCE NO. ~o~o~os~
AN ORDINANCE GRANTING APPROVAL FUR THE SALE AND TRANSFER OF THE
DENTON BRANCH RAIL TRAIL FROM APPROXIMATELY MILE POST 721, 89 TO MILE
POST 729,5 FUR THE PURPOSE OF A COMMUTER RAILROAD IN ACCORDANCE
WITH CHAPTER 26 OF THE TEAS PARKS AND WILDLIFE CURE; AND PROVIDING
AN EFFECTIVE DATE,
WHEREAS, Section 26,001 of the Texas Parrs of wildlife Code ~"Chapter 26"} provides
that public land designated and used as a parr maybe sold and transferred if the City Council
finds after notice and hearing that there is no feasible and prudent alteznative to the use of such
land for the proposed project and the proposed project includes all reasonable planning to
minimize the harm to the parr resulting from such use; and
WHEREAS, the City of Denton, Texas ~"City"} was quitclaimed the Denton Branch Rail
Cor~•idor the "Property"} by Quitclaim therein so called} f~•om Union Pacific Railroad Company,
successor to Missouri Pacific Railroad Company, pursuant to and conditioned upon the terms of
that certain Line Sale Contract the "Line Sale Contract"}, dated July 2, 1993, by and between
the Missouri Pacific Railroad Company and City; and
WHEREAS, the Quitclaim is expressly subject to the Line Sale Contract and the teens
and conditions of a Certificate of Inte~•im Trail Use ~"CITU"} issued by the Interstate Commerce
Commission pursuant to the National Trails System Act; and
WHEREAS, the Line Sale Contract captains ce~•tain conditions and covenants
pu~~ortedly limiting and conditioning the interests, if any, quitclaimed to City pursuant to the
terms the~•eof and the Quitclaim; and
WHEREAS, the Line Sale Contract provides, among other matters, that in the event of
reactivation of rail se~•vice upon the lands quitclaimed to City pursuant to the Quitclaim, Cit~r
shall transfer such P~•operty to Missouri Pacific Railroad Company or other acquiring entity; and
WHEREAS, Dallas Area Rapid Transit ~"DART"} is the successor in interest to the
~•ights of tl~e Missouri Pacific Railroad Company under the Line Sale Contract and Quitclaim,
and possesses the power of eminent domain; and
WHEREAS, DART has elected to reactivate rail service upon the lands quitclaimed by
the Quitclaim pursuant to notice letter dated September 14, 2009 delivered to the City; and
WHEREAS, City, pursuant to the te~•ms of the Line Sale Contract and the Quitclaim, and
due to the paramount public pu~~ose of rail use and its compatibility with the existing trail use
unde~• the CITU and City's use of tl~e co~•~•idor for water pipeline and other utility purposes,
desires and is required by the Line Sale Contract to quitclaim the Property to DART; and
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WHEREAS, it is the understanding of the City that DART and the Denton County Transportation Autho~•ity ~"DCTA"} desi~•e to improve public transportation to the City of
Denton and Denton County by construction of a commuter rail line from Denton to Carrollton
upon the P~•operty; and
WHEREAS, on November 2, 2049, tl~e Parks and Recreation Board held a meeting and
received testimony from City staff regarding the sale and transfer of the Property to DART and
reached concut•rence there is no feasible and prudent alte~•native available to the quitclaim of the
Property to DART ~"DART Q~~itclaim"~; and
WHEREAS, the City provided notice in the Denton Record Chronicle on November 9,
November 16, and November 23, 2449 of a Public Hearing to be held on December 1, 2049 in
tlae Council Chambers to consider the alternatives available in accordance with Chapter 26; and
WHEREAS, the Public Hearing was continued by the City Council at the meeting of the
City Council on December 1, 2049 to the meeting of the City Council on December 8, 2449; and
WHEREAS, the City Council on December 1, 2409, and December S, 2009, received
testimony from City staff and citizens regarding alternatives to the sale of the Property available,
which includes, but is not limited to, the following;
a. It is anticipated that DART, who is also the owner of the rail line south of mile post
729.5, will enter into an agreement with DCTA wl~e~•ein DCTA will agree to construct a
rail commute~• line on the Property as well as re-constt•ucting the Denton Branch Rail
Trail pedestrian~bicycle trail along side the proposed rail line, The City will reserve an
easement fo~• the pedestrian-bicycle t~•ail from the DART Quitclaim fo~• the time period
prescribed therein. This appears to be the most feasible and prudent action in order to
satisfy the requirement to assign the Property to DART and continue to maintain the
ability to p~•ovide ~.•ecreational use and alternate transportation opportunities to Denton
citizens for the time period prescribed in the DART Quitclaim,
WHEREAS, the City Council finds that this matter above does not fall within the
purview of Section 253.04E of the Texas Local Government Code; and
WHEREAS, the City Council finds that there is no feasible and prudent alternative to the
quitclaim of the P~•operty to DART and the reset•vation of the pedestrianYbicycle easement in the
DART Quitclaim will allow the surface of such parr land effected to remain useable for the
period of time prescribed in tl~e DART Quitclaim far the park patrons once the construction of
the commuter rail line and replacement trail improvements are completed; NSW, THEREFORE,:
THE CGUNCIL OF THE CfTY ~F DENTCN HEREBY ORDAINS:
SECTIGN 1. The City Council of the City of Denton finds there is no feasible and
pll~dent alternative to the quitclaim of the Property to DART and that the DART Quitclaim
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S:~,Our ducumcntsl0rdinances1091DARTOrdinance fur saEc quid transfer of Dcntan Branch flail Trail corridor 12-8-09,doc
includes all reasonable planning to minimize harm to the Prope~~ty as a pedestrian~bicycle trail
resulting from the quitclaim of the Property to DART, ,
SECTION 2, The quitclaim of the Property shall be composed by the City Manager or
his designee and approved by the City Attorney allowing the use of the parl~ property as
referenced above,
SECTION 3, The rights and benefits set forth in this ordinance may not be assigned
without the express written consent of the City,
SECTION 4, The recitals of this ordinance are herein adopted and incorporated as
findings of the City Council of the City of Denton.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval,
PASSED AND APPROVED this the ~ ~da of 20 y
ARIA OU S, MAYOR
ATTEST;
JENNIFER SALTERS, CITY SECRETARY
By:
~I
APPROVED AS TO LEGAL FORM;
ANITA BURGESS, CITY ATTORNEY I
By'
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