2003-195ORD CE NO. d Pg3-/qO--
AN ORDiNANCE GRANTiNG APPROVAL OF A LICENSE AGREEMENT FOR THE
SUBSURFACE USE OF A PORTION OF THE DENTON BRANCH RAIL TRAIL 54 FEET
NORTH OF BRINKER ROAD AT MILE POST 724.3 FOR THE PURPOSE OF AN
UNDERGROUND ELECTRIC LINE CROSSING IN ACCORDANCE WITH CHAPTER 26
OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF A
LICENSE; 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
the harm to the park resulting fi:om such use; and
WHEREAS, the City of Denton desires to cooperate with the Denton Municipal Electric
in the development of properties within the City of Denton by providing a license for the
construction of an underground electric line 100 linear feet across the trail for an electric
distribution line; and
WHEREAS, Denton Municipal Electric desires to construct the subsurface electric line
across the Denton Branch Rail/Trail since alternative options would not be feasible and prudent;
and
WHEREAS, the City provided notice in the Denton Record Chronicle on May 26, June 2,
and June 16, 2003 of a Public Hearing to be held on June 17, 2003 in the Council Chambers to
consider the alternatives to the use of City Park and Recreational land for the subject subsurface
electric line project; and
WHEREAS, the City Council on June 17, 2003, received testimony fi:om City staff and
citizens regarding alternatives to the use of the Denton Branch Rail/Trail for this subsurface
electric line; and
WHEREAS, the City Council finds that the fact situation discussed above 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 subsurface electric line project when constructed in accordance
with the provisions of the license as described below will minimize the harm to the park land
resulting fi:om the proposed use and the surface of such park land effected shall rema'm useable
for the park patrons once the construction of the electric line improvements are completed;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The subsurface electric line proposed by Denton Municipal Electric must
be constructed and maintained below the surface of the park property described in Exhibit A,
which is attached hereto and made a part hereof for all purposes, and that the surface of the park
after installation of the overhead electric line be constructed in a manner so that the park land
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. A License which is revocable as required by law (National Trails System
Act, 16 U.S.C. 1247(d)) be composed by the City Manager or his designee and approved by the
City Attorney allowing the use of the park property as referenced above with appropriate
provision to insure the improvements are constructed in accordance with City Subdivision Rules
and Regulations; American Railway Engineering and Ma'mtenance of Way standards, protects
the patrons using the park from injury and damage both during and after construction of the
project; compensates the City for the reasonable market value of the use herein granted and
generally protect the health, safety and general welfare of the City.
SECTION 3. During construction of the above described improvements, Denton
Municipal Electric may have temporary use of such additional park land necessary to stage the
construction of the improvements as may be approved by the Director of Parks and Recreation
Department and at the completion of the construction activities for the above improvements such
additional park land shall be restored to the condition to which it existed prior to the beginning of
such construction activities.
SECTION 4. The rights and benefits set forth in this ordinance may not be assigned
without the express written consent of the City.
SECTION 5. The License above grantee shall, to the extent allowed by law, constitute a
covenant running with the land and be filed in the Deed Records of Denton County, Texas.
SECTION 6. The f'mdings contained in the preamble of this ordinance are incorporated
into the body of this ordinance.
SECTION 7. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /7'~ day of (..~,///fj ,
2003. ~__t/
EULINE BROCK, MAYOR
AP~ovED~s TO ~EGAL FORUM:
By: ~ ~'~'~
S:\Our ~eU m~[Ordin~X03~Chapt er 2~D~ altec llne, ~ 724.3 Bfinker~aa~age 2 of 2
Exhibit A
Application to The City of Denton Park Department
For License to Install Wire Lines Encroaching Under, Over, or Parallel
Tracks of the Rails to Trails
Agplinant Infnrmatinn'
Name of Applicant:
Address of Applicant:
Check One: ( ) individual ( ) Co-partnership ( ) Corporation ( ) Municipality
Contact Pemon (Preferably, Engineer)' n~n.ld Mci ~m._~hlin
T.vp~ nf [:n~m~e. hme.nf
check one: ( X ) Underground ( ) Overhead ( ) Parallel
~-~J.~ .? 114 phone
if overhead; vertical clearance is __'., a 28' minimum is required from top of rail to bottom of overhead crossing point.
If parallel will there be poles on Railway right-of-way . if yes please show location on pdnts.
Wireline. I n~.afinn'
Location of wireline Crossing in relation to centeriine of Railroad Tracks at Mile Post plus feat
if parallel give beginning Mile Post plus feet to Mile Post plus feet. If Spur
give distance fTom point of Switch feet.
Near nanfn. (name of City, Town, or Village and State) in ha.inn
Township Range
Parish/County, Section
11.
C)fhar Needed r'}i~an~.a_~'
Distance from inside face of backwall on nearest Railroad Bridge (Give Bridge # if available).
Distance from Centerline of DOT-AAR Numbered Vehicular Crossing (Give DOT #) .R4, Nnrfh nf Iwh~rm~dinn nf Rrinkar
Will wireline be in a dedicated street or Highway? un I If yes, please provide documented information proving
ownership of sfreet or highway R/W.
Angle wire line crossing the Railway Tracks: 67 -_35__'- R"
Type of Wire: ( )Telephone ( X ) Power Line (if powerline please provide voltage ( ) Fiber Optic
( ) other (please specify) Vnlf.n_,..l~?nn
Casin_e Information f~r Unde.r_~round Wire- Lines
Size: I!" Material: Steel
Depth of top of casing pipe below base of ra, ~-~' (minimum 5 1/2 feet) (minirnum 36 inch depth between top of casing
and natural ground or ditch boffom on Railway right-of-way.)
Length of casing pipe: tnn, (If casing is vented, casing shall extend to right-of-way lines, if not vented casing shall be
a minimum 25' each side as measured at right angles to canferline of track.)
12. Will casing pipe have protective coating? t~,, Type:
13. Will casing pipe be cathodicelly protected?
14. Method of installing casing Pipe* ni~.-Wi~n~l ~.
permitted.)
15.
(Dry bore and jack or directional bore; wet boring will not be
Will casing pipe be vented? Nn Diameter:
(minimum 2 inches)
All wire lines will be marked at entry and exit to railway right-of-way with a sign mounted on a substantial post at least
4 feet above ground surface. The sign must convey the type of wire line, name of licensee, address of licensee,
emergency phone number and any emergency response information.
Height above ground surface:
.(minimum 4 feet)
Applicant to furnish 2 copies of the fully completed questionnaire and 2-8 1/2" x 11" or 14" prints showing drawing with
crossing measured from the nearest mile post, Bridge backwall, point of main line switch and DOT-AAR numbered vehicular
crossing, as well as limits of railroad (and street or highway if involved) right-of-way; plus 2 prints of profile sketch of actual situation
showing relationship of tracks, contours of ground and surface ditches, the wire line, other buried pipe lines or wire lines (if known),
etc. This is to be used to prepare exhibit for agreement. (Pm~T~ NFFn Tn .~nW Idt~l~TH
Signature of Applicant