2003-005ORmNANCE NO. OOZ-O0 -
AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF NORTH LAKES
PARK, DENIA PARK AND AIRPORT OPEN SPACE PARK FOR THE PURPOSE OF AN
OIL AND GAS NONDRILLING/POOLING AGREEMENT 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 not feasible and prudent altemative 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 North Lakes
Park, Denia Park, and Airport Open Space Park for the purpose of an Oil and Gas Nondrilling/
Pooling Agreement, ("the Project"); and
WHEREAS, the City provided notice in the Denton Record Chronicle on December 18,
December 24 and December 31, 2002 of a Public Heating to be held on January 7, 2003 in the
Council Chambers to consider the alternatives to the sub-surface use of North Lakes Park, Denia
Park and Airport Open Space Park for the purpose of an Oil and Gas Nondrilling/Pooling
Agreement; and
WHEREAS, the City Council on January 7, 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 North Lakes
Park, Denia Park and Airport Open Space Park from the sub-surface use of North Lakes Park,
Denia Park, Airport Open Space Park for the purpose of an Oil and Gas Nondrilling/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; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The sub-surface use of North Lakes Park, Denia Park, and Airport Open
Space Park for the purpose of an Oil and Gas NondrillingjPooling 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.
SECTION 2. The rights and benefits set forth in this ordinance may not be assigned
without the express written consent of the City.
SECTION 3. The findings contained in the preamble of this ordinance are incorporated
into the body of this ordinance.
SECTION 4:
approval.
PASSED AND APPROVED this the
This ordinance shall become effective immediately upon its passage and
day of
(
ATTEST:
JENNIFER WALTERS, IITY SECRETARY
By: '~~
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