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2006-324.S:\Our DocumenmDrdinances\06\DCTA MOU Approval.doc ORDINANCE NO. 2190& AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY TRANSPORTATION AUTHORITY REGARDING THE USE OF A PORTION OF THE DENTON BRANCH RAIL/TRAIL FROM MILE POST 721.5 TO 729.5 FOR THE PURPOSE OF PUBLIC COMMUTER RAIL SERVICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council finds that the Memorandum of Understanding between the City of Denton and the Denton County Transportation Authority ("DCTA"), attached hereto and make a part hereof as Exhibit A (the "MOU) is in the public interest; NOW, THEREFORE, THE CITY 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 MOU and authorized the City Manager, or his designee to executive the MOU on behalf of the City. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. r ' PASSED AND APPROVED this the / - day of 7 2006. SQ~a PERRY . McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY APP EDWIN M. BY: RO ED AS'TO LEGAL FORM: SAOUT Docum ts\Con4acU\06\DCTA MOIJ-Final.dm STATE OF TEXAS COUNTY OF DENTON MEMORANDUM OF UNDERSTANDING THIS Memorandum of Understanding (the "MOU") is made by and between the City of Denton (the "City") and the Denton County Transportation Authority (the "DCTA") acting by and through their authorized representatives. WHEREAS, the City owns the City of Denton Park property known as the Denton Branch Rail Trail subject to certain rights held by the MKT railroad; and WHEREAS, the City purchased the Denton Branch Rail Trail in 1994 in a rail banking line sale agreement with the Union Pacific Railroad for the purpose of a recreational "Interim Trail Use" under the National Trail Act to protect and hold the corridor for future transportation purposes; and WHEREAS, in 2001 the Union Pacific Railroad sold its remaining interest in the railroad corridor to the Dallas Area Rapid Transit Authority ("DART") by quit claim deed; and WHEREAS, the DCTA and Denton have mutually 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 ; and WHEREAS, the DCTA has conducted extensive studies to determine the most effective route to provide commuter rail service from downtown Denton to the City of Dallas, Texas and has determined that the most cost efficient route is the former MKT railroad alignment within the Denton Branch Rail Trail; and WHEREAS, the DCTA in conjunction with the right to utilize the Denton Branch Rail Trail for the planned commuter rail service shall reconstruct and relocate the Denton Branch Rail Trail as necessary in accordance with plans approved by the City in order to provide recreational use and alternative transportation opportunities to Denton citizens; and WHEREAS, parties desire to enter into the MOU for the purposes of memorializing the parties' intentions with regard to the DCTA utilization of the Denton Branch Rail Trail for public commuter rail service; and WHEREAS, the City has scheduled'a public hearing to consider the request of the DCTA to utilize a portion of the Denton Branch Rail Trail for public commuter rail service as required by the Texas Parks & Recreation Code, Chapter 26; and WHEREAS, the DCTA intends to acquire whatever rights DART may have in the former railroad corridor. Memorandum of Understanding - 1 71172 S:~Our DocurwLs`Contracts\06\DCTA M013-FinalAm NOW, THEREFORE, the parties agree as follows: 1. Denton intends to transfer and convey an easement or other right, by deed or other appropriate instrument(s), to the DCTA, to permit the DCTA to install, maintain and operate its planned commuter rail service within approximately eight (8) miles of the Denton Branch Rail Trail right-of-way being generally described in Exhibit "A" attached hereto (the "Rail Easement") to connect downtown Denton to Carrollton, Texas and to further connect to the Dallas Area Rapid Transit Authority ("DART") right-of-way. The Rail Easement shall be described in a separate instrument and shall consist of approximately 100 feet in width where the Denton Branch Rail Trail permits such use. 2. The DCTA intends, in conjunction with the right granted by the City to utilize the Denton Branch Rail Trail for the planned commuter rail service to enter into such agreements with the City as necessary to reconstruct and relocate the Denton Branch Rail Trail as necessary in accordance with plans approved by the City in order to provide recreational use and alternative transportation opportunities to Denton citizens. In addition, such plans shall also protect the City's existing raw water pipelines as well as preserve access rights thereto and to the City's pipeline in the adjacent 30 foot wide utility easement. 3. The DCTA intends enter into such agreements with DART as is necessary to acquire the rights that DART has, if any, in the former MKT railroad line within the Denton Branch Rail Trail to permit the DCTA to install, maintain and operate the DCTA commuter rail service. 4. The City intends to continue to'operate and maintain its recreational trail and uses of the Denton Branch Rail Trail in coexistence with the DCTA commuter rail service operated within the Rail Easement. 5. This MOU is expressly conditioned upon and subject to the parties entering into mutually satisfactory definitive written agreements as to all aspects of the transaction and is not binding upon the parties in any way, except to the extent that it reflects the good faith intent to proceed to negotiate definitive written agreements with respect to the general terms and conditions herein contained. Unless and until such written agreements are entered into, none of the parties shall be under any obligation to any other party, regardless of this letter and regardless of any negotiations, agreements or understandings heretofore or hereinafter existing between the parties, it being understood that no contractual relationship shall exist between the parties unless and until the definitive agreements shall have been executed in writing. (Signature page to follow) Memorandum of Understanding - 2 71172 SAGur Dmc ts`Cmtmcts`A6\DCTA MOU-Final.dm EXECUTED this the *4 day of '2006. CITY OF DENTON BY: GEORGf, C. CAMPBELL CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY By. APPRO D AS LEGALFORM: EDWIN M. SNYDER, CITY ATTORNEY BY: DENTON COUNTY TRANSPORTATION AUTHORITY 0. HEDRICK, PRESIDENT APPROVED AS TO LEGAL FORM: PETER G. SMITH, G RAL COUNSEL Memorandum of Understandim - 3 71172 Exhibit A MP 721.5 (RAILROAD MILES FROM ST LOUIS) aHICKERY ST FRED HIGH Alf NCENTER Denton LL DENTM *#gOCKRUS PAGE SHADY SHORES N Denton City ♦ LJ Limits WALT01 W E Corinth s 1. I MP 729.5 BURL ST \@LFM 2181 SWISHER