Item 6A6A - 1
M E M O R A N D U M
June 14, 2010
TO: Shana Yelverton, City Manager
FROM: Chris Tribble, Director of Community Services
SUBJECT: Ordinance No. 977, 2nd Reading, Dedication of an easement
and right-of-way on city-owned park property at Bicentennial
Park to Oncor Electric Delivery Company
PUBLIC HEARING
Action Requested: City Council approval of Ordinance No. 977, 2nd Reading, to
dedicate a 10-foot easement and right-of-way to Oncor
Electric Delivery Company for installation and maintenance
of electric service on city-owned property in Bicentennial
Park.
Background
Information: The City Charter requires an ordinance to “Convey, lease or
authorize the conveyance or lease of any lands of the City”
which includes land granted for public easements.
Construction of Bicentennial Park Phase I is underway on
the west side of the park. As part of the construction,
electrical service is required for the future ball fields, lights
and other park amenities. Oncor Electric Delivery Company
is requesting an easement and right-of-way dedication of city
park property to allow for the installation and maintenance of
electrical service for those park improvements.
The easement is approximately 0.186 acres, as more
particularly described and shown in Exhibit “A” attached.
The Community Services Department has reviewed the
easement document and is satisfied that the easement will
place no burden or detrimental encumbrance on the park
land. This is a modification of an existing Oncor electric
service that had no easement. To modify the existing
service, Oncor is requiring an easement and R.O.W.
Financial
Considerations: There are no costs to the City other than the normal filing
fees to record the easement documents.
Shana Yelverton, City Manager
Meeting Date – July 20, 2010
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Strategic Link: This item is linked to the City’s Strategy Map related to the
focus areas of Infrastructure and meets the corporate
objectives to Collaborate with Select Partners to Implement
Service Solutions.
Citizen Input/
Board Review: The City Council approved (7-0), Ordinance No. 977, 1st
Reading at their July 6, 2010 meeting.
Legal
Review: The ordinance was reviewed by the City Attorney’s office.
Alternatives: Alternatives may include:
City Council approval as presented
City Council approval with modifications
City Council decision not to approve
Supporting
Documents: Exhibit A – Description and Survey
Ordinance No. 977
Easement document
Staff
Recommendation: City Council approval of Ordinance No. 977, 2nd Reading,
Dedication of an easement and right-of-way of city-owned
park property in Bicentennial Park to Oncor Electric Delivery
Company to install and maintain electric service to the park.
Shana Yelverton, City Manager
Meeting Date – July 20, 2010
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Location Map of Easement and ROW
Oncor
Transformer
Location
Shana Yelverton, City Manager
Meeting Date – July 20, 2010
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Shana Yelverton, City Manager
Meeting Date – July 20, 2010
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ORDINANCE NO. 977
AN ORDINANCE DEDICATING A PUBLIC UTILITY EASEMENT FOR
PUBLIC USE UPON AND ACROSS A PORTION OF CITY OWNED
PROPERTY AT BICENTENNIAL PARK, DESCRIBED AS L.B.G. HALL
SURVEY, ABSTRACT No. 686 IN THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS; DECLARING THAT SUCH EASEMENT IS
NECESSARY FOR USE BY ONCOR ELECTRIC DELIVERY COMPANY
TO INSTALL AND MAINTAIN ELECTRICAL SERVICE TO THE PARK;
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 for Bicentennial Park Phase I demonstrates a need to
provide utility service to Bicentennial Park as shown on the plat attached hereto
as Exhibit A, for the purpose of installing and thereafter maintaining permanent
electrical power for the use and benefit of the City; and
WHEREAS, the City Council of the City of Southlake has determined that
there is need for a ten foot easement and right-of-way across City owned
property at Bicentennial Park (L.B.G. Hall Survey, Abstract No. 686) to provide
electric service for the park; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SOUTHLAKE, TEXAS:
Shana Yelverton, City Manager
Meeting Date – July 20, 2010
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SECTION 1
The City of Southlake grants an easement and right-of-way for overhead
and/or underground electric supply and communications facilities, consisting of a
variable number of wires and cables, supporting structures, surface mounted
equipment, conduits and all necessary or desirable appurtenances over, under,
through, across and upon City park land described in the attached Easement and
Right of Way document. The City recognizes that the general course of said
lines, or the metes and bounds as described in the Easement and Right of Way
document, is based on preliminary surveys only, and City hereby agrees that the
easement and right-of-way and its general dimensions hereby granted shall
apply to the actual location of said lines when constructed.
SECTION 2
The Mayor of the City of Southlake, Texas is hereby authorized and
empowered to execute the aforementioned Easement and Right of Way for
electrical supply and communications facilities.
SECTION 3
A copy of the Easement and Right of Way 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
Shana Yelverton, City Manager
Meeting Date – July 20, 2010
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the incorporation in this ordinance of any such unconstitutional phrase, clause,
sentence, paragraph or section.
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 6th DAY
OF July , 2010.
________________________________
MAYOR/JOHN TERRELL
ATTEST:
________________________________
CITY SECRETARY/LORI PAYNE
PASSED AND APPROVED ON SECOND READING ON THIS ______
DAY OF ____________________ 2010.
________________________________
MAYOR/ JOHN TERRELL
ATTEST:
________________________________
CITY SECRETARY/LORI PAYNE
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
Shana Yelverton, City Manager
Meeting Date – July 20, 2010
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Shana Yelverton, City Manager
Meeting Date – July 20, 2010
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Shana Yelverton, City Manager
Meeting Date – July 20, 2010
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