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
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