2006-323S:\Our Documents\0rdinances\06\DC TA Rails to Tmils.doc
ORDINANCE NO. 200(:9-92,3
AN ORDINANCE GRANTING APPROVAL OF A PORTION OF THE DENTON BRANCH
RAIL/TRAIL GENERALLY FROM MILE POST 721.5 TO 729.5 FOR THE PURPOSE OF A
PUBLIC COMMUTER RAIL SERVICE IN ACCORDANCE WITH CHAPTER 26 OF THE
TEXAS PARKS AND WILDLIFE CODE; 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 Denton County Transportation Authority (DCTA) and the City of
Denton (City) have mutualiy planned for the DCTA to install and maintain its planned commuter
rail service within approximately eight (8) miles of the Denton Branch Rail Trail right-of-way to
connect downtown Denton to Carrollton to further connect to the DART right-of-way (the
"Project'); and
WHEREAS, the Denton Rail Trail being used for the Project generally extends from mile
post 721.5 to 729.5 as depicted on Exhibit A attached hereto and made a part hereof by reference
(the "Park Property"); and
WHEREAS, the City of Denton desires to provide for the use of the Park Property for the
Project as necessary in accordance with plans approved by the City in order to provide
recreational use and alternative transportation opportunities to the Denton citizens; and
WHEREAS, the City provided notice in the Denton Record Chronicle on October 16,
2006, October 16, 2006, and October 30, 2006 of a Public Hearing to be held on November 7,
2006 in the Council Chambers to consider whether there are no feasible and prudent alternatives
to the use of the Park Property for the Project and that the Project includes all reasonable
planning to minimize harm to the Park Property; and
WHEREAS, the City Council on November 7, 2006, received testimony at a public
hearing on the issues of no feasible and prudent alternative to the use of the Park Property for the
Project and that the Project includes all reasonable planning to minimize harm to the Park
Property; and
WHEREAS, the City Council finds that there is no feasible and prudent alternative to the
use of the Park Property and that the 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:
S90ur Documents\0rdinances\06\DCTA Rails to 9rails.doc
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are true and correct and are incorporated herein by reference.
SECTION 2. The Project is hereby approved as meeting the requirements of Chapter 26
of the Parks and Wildlife Code. There is no feasible and prudent alternative to the use of the Park
Property for the Project and the Project includes all reasonable planning to minimize harm to the
Park Property. This approval is not to be construed as an approval of the actual easement or other
instruments authorizing DCTA's use of the Park Property for the Project. Such instruments shall
be approved at a later date by the City Council. Such instruments will provide for the
reconstruction and relocation of the Denton Branch Recreational Trail as necessary with plans
approved by the City in order to provide such recreational use and the commuter rail service
adjacent to each other, along with the protection of the City's existing raw water pipelines as
well as preservation of access rights thereto and to the City's pipeline in the adjacent 30-foot
wide utility easement. The City Council further finds that the location of the commuter rail
service adjacent to the recreational trail will enhance the park and recreational use of the trail by
making the trail more visible to the public.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~7
/ ~ day of 2006.
PERK . McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY,
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDO, CITY ATTORNEY
By:
Page 2 of 2
Exhibit A
MP 721.5 (RAILROAD MILES FROM ST LOUIS)
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FtP 729.5
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