2003-361y5'.'UUrO ummm` rdiouxmbMnk& Luke Pm<n Pork UnAm
ORDINANCE NO qOO NCO /
AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE FOR MACK PARK
AND LAKE FOREST PARK FOR THE PURPOSE OF AN OIL AND GAS NON-DRILL
SITE/POOLING AGREEMENT IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS
PARKS AND WILDLIFE CODE AND AUTHORIZING THE ADVERTISEMENT FOR BIDS;
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 not 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 provide for a sub-surface use of Mack Park
and Lake Forest Park for the purpose of an Oil and Gas Non-Drill Site/ Pooling Agreement, ("the
Project"); and
WHEREAS, the City provided notice in the Denton Record Chronicle on October 13, 20,
27, 2003 of a Public Hearing to be held on November 4, 2003 in the Council Chambers to
consider the alternatives to the sub-surface use of Mack Park and Lake Forest Park for the
purpose of an Oil and Gas Non-Drill Site/Pooling Agreement; and
WHEREAS, the City Council on November 4, 2003, 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 Mack
Park and Lake Forest Park from the sub-surface use of these parks for the purpose of an Oil and
Gas Non-Drill Site/Pooling Agreement; 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 project includes all reasonable planning to minimize harm to the
park as a result of the project; and
WHEREAS, the City Council desires to authorize the advertisement for bids under
Chapter 71 of the Texas Natural Resources Code. NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The sub-surface use of Mack Park and Lake Forest Park for the purpose of
an Oil and Gas Non-drill Site/Pooling Agreement is hereby allowed and the surface of the park
may still be used by its patrons after completion of the Project in the same manner it was used
prior to the Project.
S:\Our Documents\0rdinances\03\Mack & Lake Forest Park Use.doc
SECTION 2. The advertisement of bids for the purpose of an Oil and Gas No
drilling/Pooling Agreement for Mack Park and Lake Forest Park is hereby authorized.
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 findings contained in the preamble of this ordinance are incorporated
into the body of this ordinance.
SECTION 5: This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the '7 day of A~Q-(LLliyj~ 2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: 1
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By: a/ -
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