Item 6A
M E M O R A N D U M
November 24, 2008
To: Shana Yelverton, City Manager
From: Chris Tribble, Interim Director of Community Services
Subject: Ordinance No. 948, 2nd Reading, Dedicate a public utility
easement for pedestrian access, roadway, utilities, and
drainage on city-owned property at Liberty Park at
Sheltonwood. PUBLIC HEARING
Action
Requested:
Approve Ordinance No. 948, 2nd Reading, to adopt an
ordinance to dedicate a public utility easement for pedestrian
access, roadway, utilities, and drainage on city owned property
at Liberty Park at Sheltonwood.
Background
Information:
The City of Southlake intends to construct an 8’ multi-use trail.
The city needs a variable width Public Utility Easement,
adjacent to the right-of-way, on Liberty Park at Sheltonwood
property located at 590 East Dove Road. The easement is
approximately 0.19 acre, as described and shown in Exhibit “A”
attached.
This item was presented to the Parks and Recreation Board on
October 13, 2008. The Parks and Recreation Board
recommended the City Council grant the easement (7-0).
This is a somewhat unusual situation in that the City normally
receives easements from private property owners to
accommodate public improvements. In this case, the City will be
obtaining/granting public easements from public property for
public purposes.
Financial
Considerations:
There are no costs to the City other than the normal filing fees
to record the easement documents.
Citizen Input/
Board Review:
Parks and Recreation Board recommended approval on
October 13, 2008.
st
City Council approved 1 Reading on November 18, 2008.
Legal
Review:
The ordinance has been reviewed by the City Attorney’s office.
Shana Yelverton, City Manager
City Council Meeting – November 18, 2008
Page 2 of 7
Alternatives:
The City Council may approve or deny the ordinance.
Supporting
Documents:
Ordinance No. 948
Exhibit A and B
Staff
Recommendation:
Approve Ordinance No. 948, to dedicate a public utility
easement for pedestrian access, roadway, utilities, and
drainage on city-owned property at Liberty Park at Sheltonwood.
Staff
Contact:
Chris Tribble, Interim Director Parks
Peter M. Kao, P.E., Construction Manager
Shana Yelverton, City Manager
City Council Meeting – November 18, 2008
Page 3 of 7
ORDINANCE NO. 948
AN ORDINANCE DEDICATING A PUBLIC UTILITY EASEMENT FOR
PEDESTRIAN ACCESS, ROADWAY, UTILITY, AND DRAINAGE UPON
AND ACROSS A PORTION OF CITY OWNED PROPERTY AT LIBERTY
PARK LOCATED AT 590 E. DOVE RD, DESCRIBED AS J.W. CHIVERS
SURVEY, ABSTRACT NO. 350 IN THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS; DECLARING THAT SUCH EASEMENT IS NECESSARY
FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE
THE EASEMENT DEDICATION DOCUMENTS; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Southlake, Texas is a home rule city acting under its
charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS
, the City Council of the City of Southlake has determined that the
engineering design of an 8 foot sidewalk at Liberty Park, located at 590 E. Dove
Road (J.W. Chivers Survey, Abstract No. 350); and
WHEREAS
, any future roadway, utilities, or drainage will be constructed to
the benefit of the public and dedicated to the public; and
WHEREAS
, the City Council of the City of Southlake has determined that
there is a public need for a 8 foot sidewalk upon and across City owned property at
Liberty Park, 590 E Dove Road (J.W. Chivers Survey, Abstract No. 350); and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
Shana Yelverton, City Manager
City Council Meeting – November 18, 2008
Page 4 of 7
SECTION 1
The City of Southlake grants a Public Utility Easement for pedestrian access,
roadway, utilities, and drainage in the portion of Liberty Park at 590 E. Dove Road
(J.W. Chivers Survey, Abstract No. 350) to the City of Southlake, Tarrant County,
Texas, more specifically shown in Exhibit “A” attached hereto and incorporated
herein for all purposes and the easement is dedicated to the public in perpetuity.
SECTION 2
The Mayor of the City of Southlake, Texas is hereby authorized and
empowered to execute the aforementioned Public Utility Easement for pedestrian
access, roadway, utilities, and drainage.
SECTION 3
A copy of the Public Utility Easement shall be presented for filing with the
County Clerk of Tarrant County, Texas by the office of the City Secretary.
SECTION 4
It is hereby declared to be the intention of the city council that the phrases,
clauses, sentences, paragraphs and sections of this ordinance are severable, and if
any phrase, clause, sentence, paragraph or section of this ordinance shall be
declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this ordinance, since the same
would have been enacted by the City Council, without the incorporation in this
ordinance of any such unconstitutional phrase, clause, sentence, paragraph or
section.
Shana Yelverton, City Manager
City Council Meeting – November 18, 2008
Page 5 of 7
SECTION 5
This Ordinance shall be in full force and effect from and after its passage, and
it is so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS ______ DAY OF
____________________, 2008.
________________________________
MAYOR/ANDY WAMBSGANSS
ATTEST:
________________________________
CITY SECRETARY/LORI PAYNE
PASSED AND APPROVED ON SECOND READING ON THIS ______ DAY
OF ____________________ 2008.
________________________________
MAYOR/ANDY WAMBSGANSS
ATTEST:
________________________________
CITY SECRETARY/LORI PAYNE
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
Shana Yelverton, City Manager
City Council Meeting – November 18, 2008
Page 6 of 7
Shana Yelverton, City Manager
City Council Meeting – November 18, 2008
Page 7 of 7