2002-225ORDINANCE NO. o~o,~-~,~-0'-
AN ORDINANCE GRANTING APPROVAL OF A SUB-SURFACE USE OF SOUTH LAKE
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 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 South Lake
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 June 23, June
30 and July 7, 2002 ora Public Hearing to be held on July 16, 2002 in the Council Chambers to
consider the alternatives to the sub-surface use of South Lake Park for the purpose of an Oil and
Gas Nondrilling/Pooling Agreement; and
WHEREAS, the City Council on July 16, 2002, 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 South Lake
Park from the the sub-surface use of South Lake 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 Govermnent Code; and
WHEREAS, the City Council finds that there is no feasible and prudent altemative to the
use of the park land and that the project includes all reasonable planning to minimi×e 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 South Lake Park for the purpose of an Oil and Gas
Nondrilling/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.
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 fmdings contained in the preamble of this ordinance are incorporated
into the body of this ordinance.
SECTION 4:
approval.
PASSED AND APPROVED this the /~ ~d't~ day of
This ordinance shall become effective immediately upon its passage and
· 2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
B y: ~/JO ~/~/x.~//~ .~ ~7-~
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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