O-2285-5-04�Iat mllue).��Oli;f
AN ORDINANCE OF TILE 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 EXCHANGE PARKWAY RIGHT-OF-WAY; 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 Exchange
Parkway right-of-way, as shown on Exhibit "A" 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, 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 May fl,
2004, 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. Additional right-of-way is needed for the extension of Exchange Parkway in the vicinity of
Community Park, as shown on the City's Thoroughfare Plan; and,
B. The City will receive other land to be made part of Community Park, in exchange for use of this
portion of the Park for street rightof-way, and this will result in a larger park for public use; and,
C. The proposed alignment of Exchange Parkway alongside 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:
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; and,
II
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; 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 I Iro DAY OF MAY, 2004.
APPROVED:
Stephen rrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CrW ATTORNEY Shelley B. Geo C, CITY SECRETARY
Ordinance No. 2285-5-04 Page 2
B. The project includes all reasonable planning to minimize harm to the Park resulting from the use
or taking; and,
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.
II
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; 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 I Iro DAY OF MAY, 2004.
APPROVED:
Stephen rrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CrW ATTORNEY Shelley B. Geo C, CITY SECRETARY
Ordinance No. 2285-5-04 Page 2
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AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda
Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly
swom by oath, states the attached advertisement of:
City of Allen
as published in THE DALLAS MORNING NEWS on:
April 18,2004
April 25, 2004
May 2, 2004
(Lynda Black)
Sworn to and subscribed before me this May 6, 2004, A.D
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