O-2380-3-05a 170IM0914 1 ;;11 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, MAKING LEGISLATIVE FINDINGS OF FACT AND
CONCLUSIONS; APPROVING THE USE OF A PORTION OF COMMUNITY PARK
FOR A WATER TRANSMISSION PIPELINE EASEMENT, A TEMPORARY
CONSTRUCTION EASEMENT, AND FOR RIGHT-OF-WAY FOR THE EXTENSION
OF EXCHANGE PARKWAY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 26 of the Texas Parks and Wildlife Code requires that a city must make certain
determinations prior to the approval of any project that requires the use or taking of any public land designated and
used as a park; and,
WHEREAS, the City Council has provided 30 days' written notice to the Parks Director and the Chairman of the
Park Board of a public hearing to consider a proposed project to use a portion of Community Park for a water
transmission pipeline, a temporary construction easement, and for right-of-way for the extension of Exchange
Parkway, as shown on Exhibits "A" and "B" attached hereto; and,
WHEREAS, notice has also been given to the public by publishing a notice once a week for three consecutive
weeks, the last of which publications was not less than one week or more than two weeks before the date of the
public hearing, and which notice was published in the newspaper of general circulation in the City, published at
least six days a week in Collin County, Texas; and,
WHEREAS, the public hearing on the proposed project was conducted by the Allen City Council on
March 8, 2005, at which time all those desiring to do so presented written or oral testimony; and,
WHEREAS, the City Council has considered clearly enunciated local preferences in the course of such public
hearings.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The City Council of the City of Allen, Texas, finds that the premises hereof are true and correct
and determines and finds the following facts from the public hearing and its investigation:
A. A permanent easement and a temporary construction easement are needed by the North Texas
Municipal Water District for the extension of a water transmission pipeline adjacent to the
Exchange Parkway right-of-way, in the Community Park, as shown on Exhibits "A" and `B"
attached hereto;
B. The City will also need to use a portion of the Community Park for street right-of-way for the
extension of Exchange Parkway;
C. The proposed alignment of Exchange Parkway alongside the park and the placement of the water
transmission pipeline in the Park is in the best interest of the City of Allen and its citizens; and
D. The proposed project will not adversely affect the use of the remaining park property for park
' purposes.
SECTION 2. The City Council further finds and determines, after the public hearing and testimony, and in its
legislative capacity, that
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A. There is no feasible or prudent alternative to the use or taking of a portion of Community Park
for the right-of-way of Exchange Parkway;
B. The project includes all reasonable planning to minimize harm to the Park resulting from the use
or taking;
C. The City Council has considered clearly enunciated local preferences, and is the opinion and
finds that approval of the project is justified in accordance with the requirements of Chapter 26
of the Texas Parks and Wildlife Code; and
D. Because the easements in the Community Park are being conveyed to the North Texas
Municipal Water District, a governmental entity with the power of eminent domain, it is not
legally required that an election be conducted to authorize such conveyance.
SECTION 3. Based on the findings and determinations made herein, approval is hereby given by the City
Council of the City of Allen, Texas, to the use of a portion of Community Park for right-of-way for the extension
of Exchange Parkway, and for a water transmission pipeline and temporary construction easement, all as
described in the Exhibits; plans to minimize harm to the Park resulting from the use or taking are hereby
approved; and, the City Manager is directed to proceed with the additional planning and steps necessary to give
effect to the project.
SECTION 4. This ordinance shall take effect immediately from and after its passage, as the law and Charter in
such cases provide.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 8ra DAY OF MARCH, 2005.
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Peter G. Smith, CITY ATTORNEY
APPROVED:
Step en Terrell, MAYOR
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Shelley B. George, TkMC, CITY SECRETARY
Ordinance No. 2380-3-05. Page 2