HomeMy WebLinkAbout09-13-1983
AGENDA
CITY OF DENTON CITY COUNCIL
September 13, 1983
Work Session of the City of Denton City Council on Tuesday,
September 13, at 5:30 p,m, in the Civil Defense Room of the
Municipal Building at which the following items will be
considered:
5:30 p,m,
14 Discussion of the proposed 1983-84 Annual Program of
Services,
2, Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T,S,
B. Meal Estate Under Sec. 2(f), Art. 6252-17
V,A,T.S,
C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S.
D. Board Ap pointments Under Sec. 2(g), Art
6252.17 V,A.T,S,
Special Called Meeting of the City of Denton City Council on
Tuesday, September 13, at 7:00 p.m. in the Council Chambers of
the Municipal Building at which the following items will be
considered:
7:00 p,m,
1. Discussion of Supplemental Agreement 111 to the Ray
Roberts and Lewisville lakes recreational contracts
with the federal government.
2. Official action on Executive Session items:
A. Legal Matters
B, Real Estate
C. Personnel
D. Board Appointments
3. New Business:
This item provides a option for Council Members to
suggest items for futui ~ndas.
CERTIFICATL
I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of th City of Denton, Texas,
on the day of 198at
o'clock r,~ p.m,) }
CITY SICK
10170
AGENDA
CI'T'Y OF DENTON CITY COUNCIL,
September 13, 1983
Work Session of the City of Denton City Council on Tuesdayy,
September 13, at 5,30 p,m, in the Civil Defense Room of the
Municipal Building at which the following items will be
considered:
5:30 p.m.
11 Discussion of the proposed 1983-84 Annual Program of
Services.
2. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
B. Real :state Under Sec. 2(f), Art. 6252-17
V.A.T.S.
C. Personnel Under Sec. 2(g), Art 6252-17 V.A.T.S.
D. Board Appointments Under Sec. 2(g), Art
6252-17 V.A.T.S.
Special Called Meeting of the City of Denton City Council on
Tuesday, September 13, at 7:00 p.m. in the Council Chambers of
the Municipal Building at which the following items will be
considered:
7:00 p.m.
1. Discussion of Supplemental Agreement #1 to the Hay
Roberts and Lewisville lakes recreational contracts
with the federal government.
2. Official action on Executive Session items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
3. New Business:
This item provides a section for Council Members to
suggest items for future agendas.
CERTIFICATE
I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, Texas,
on the day of 198 _ at
o1cloclc a.m. p.m.)
i
SECRETARY
10170
September 1.31 1983
CITY COUNCIL AGENDA ITEM
SUBJEC3':
Discuss Supplemental Agreement of Ray Roberts Lake
Recreation Contract with the Federal Gover,nument.
SUMMARY:
Over the past year, the City of Denton and the City of
Dallar> have been working with the Corps of Engineers and
the 'T'exas Department of Parks and Wildlife kTDI'W) in
developing the recreational Master Plan for Ray Roberts
Lake. As a result of this, several do velopments have
occurred. These can be outlined as follows:
1. The TDPW has tentatively agreed to operate the
recreational facilities on Ray Roberts laike provided
certain developments occur.
2. The TDPW has expressed a desire to have their. Fish and
Wildlife divisions become active in developments at
Ray Roberts Lake.
3. The 'TDPW Fishery personnel have proposed addition of
three (3) retainment ponds for rearing of fish.
(Exhibit I).
4. The TDPW Wildlife personnel have proposed addition of
seven (7) waterfowl. wetland areas constituting
approximately 1000 acres. (Exhibits II & III).
5. Tile cities of Denton and Dallas along with the TDPW
have proposed substituting a Greenbelt Corridor
between Ray Roberts and Lewisville Lakes in lieu of
the contract required additions to the recreation
facilities at Lewisville Lake. This will result in a
lower total recreational development cost, a 75%/25`/0
Federal Government /Cities' participation ratio because
of the fish and wildlife aspects, plus the TDPW have
indicated they would operate the Greenbelt Corridor
rather than the cities of Denton and Dallas operating
the alternative recreational facilities on Lewisville
Lake. (Exhibit IV).
Some controversy has developed regarding the Greenbelt
Corridor. However, several recreational groups, Lhe
Sierra Club and others, including the NCTCOG (See
Exhibit VII) have expressed support for the project.
2423U/l/N
6, The TDYW has requested 204.62 acre Foot of water per
year from Denton's water rights in Ray Roberts Lake
for the wetland, area, fish rearing facility, and park
facilities.
Items listed in #3 and #4 above were incorporated in it
draft "Supplemental Agreement" which the Council considered
onpp September 28, 1982. (See Exhibit V). However, this the
othor oitems; then fore, no sformal rr samedd to olution waaiprepared.
Representatives of the Corps of Engineers plan to be
present at the Council's September 13, 1983, meeting to
review additional details of the Supplemental Agreoment
(see Exhibit VI). After discussion of this item at the
September 13, 1983, meeting, a resolution will be available
for consideration at the September 26, 1983, Council
meeting.
y
Respectfully,'
R. E. Nelson
Director of Utilities
EXHIBITS ATTACHED
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I:X IMI 1' V
September 28, 1982
CITY COUNCIL AGENDA ITEM
SUBJECT i
Consido
r Amendment to Contracr. Between City of Denton and the
Federal Government Regarding Coc3ts and State Maintenance of
Recreational Facilities at Ray Roberts. (proposed Supplemental
Agreement ;#DAC1463-80-C-01071 proposed Contract (DA003-82-C-0019)
SUMMARY:
On September 19, 1980, the City of Denton and the F'ederoi
Government entereCi into two contracts, one for the construction
of Ray Roberts Reservoir and the other for the construction of
the recreation facilities at Ray Roberts Reservoir.
Over the past two years, the cities of Denton and Dallas nave
been working with ttie Texas Department of Parks and Wildlife
(II'DPW) regarding long term operation of the recreational
facilities at Ray Roberts which by contract the cities of Denton
and Dallas are obligated to perform, The TDPW has verbally
agreed to operating and maintaining the parks, and it ►zs
necessary to amend the City's contract with the Federal
Government to allow the Federal Government to enter into a
contract with the State for performance of these services.
Exhibit II attached herewitn is a copy of the Supplemental
Agreement to the City's contract, which includes seven
a mendment.s. P'JUr Of the amendments are minor word changes with
the 5th and 6th items relating to the now-estimated capital cost
of the initial and future recreational facilities development,
and the final item being the amendment to allow the Federal
Government to enter into an agreement with the TDPW to operate
recreational facilities at Nay Roberts.
The Corps of Engineers have just completed the plan for
recreational development at Ray Roberts and have aetermined tine
initial recreational development and future recrea!:on
cevelopment cost to be as follows;
Initial & Future Development as er Contract
5~tember 9, 1980
(Millions)
Initial Future Total initial future
Develop. Develop. Cost Denton Share Denton Snare
R,Robts, $14.324 $ 9.147 $23.471 )$4.655 $2.378
Lewisv. $ 3.581 $ .0U0 $ 3.561 )
Total $17.905 $ 9.147 $27.052 $4.655 $2.378
Initial & Future Development Costs as per
present Ustimate
(millions)
Initial Future 't'otal -Initial Future
Develo). 2ev9lop, Cost Denton Share Donton 5haro:
R.Robts, $16.'744 $16.983 $23,471 )$5.391 $4.4.16
Lewisv. $ 3,913. $ .UOU $_3. 99k
Total $20.735 $16,963 $37.118 $5 391 $4.416
Diff: $ 2.83 $10,84 $10.66 $ .74 $ 2,U4
FISCAL SUMMARY:
The amendment to allow the Federal Government to enter into a contract
with the TDPW is anticipated to save the City of Denton $211,822 per
year in the initial. years and of course more in the future years as the
cost of operating ai,u aaintaining the recreational facilities escalates
with inflation. According to a atudy done by the City of Dallas and
Denton by LWFW in 1980, the initial year U&M expense was estimated at
$814,700.
The initial development cost for Ray Roberts recreation has increased
from $4,655,000 to $5,391,000 for a total of $736,000. This primarily
results from added land costs to develop larger single recreational
areas that could be more easily managed and operated rather than several
smaller, scattered recreational facilties. The increase in cost from
$1,111,001 to $4,416,010 for future development primarily resulted from
the Corps of Engineers' underestimating the anticipated coat of future
development at the time the contract was originally signed. The cities
of. Denton and Dallas have asked the Corps of Engineers to take a much
closer look at these future developments to make sure that they will
actually be needed and that the most economical and yet functional
facilities are installed. These costs will all be paid for over a 50
year period at an interest rate of 7.21%.
ACTION REQUIRED:
Recommend to the council appropriate action regarding subject
supplemental agreement to the Ray Roberts Recreational Contract,
AL'T'ERNATIVES :
1, Approve supplemental agreement as submitted by the Corps of
Engineers.
2. Modify supplemental agreement.
3. Disapprove supplemental agreement.
1i MOMMBN DAT I ON i
The Public Utilities Board reviewed this at thuir meeting of 9/22/83 and
recomnnended that tine Supplemental Agreement be approved pending final
determination of the exact cost of initial and future development for
recreational facilities at Kay Koberts and Lewisville Reservoirs. The
Public Utilities Board strongly urged the Staff to take all possible
steps to negotiate a lower initial and future recreational cinvelopment
QUSt,
Respectfully,
R,11-, Ne.Lson
Director of Utilities
EXHIBIT I Letter from Corps of Engineers- 9/16/8:?
II Supplemental Agreement DACW63-80-C-0107
III Contract DACWb3-82-C-0019
1269U/3
I
Chew motion, Stephens second that the Resolution be passed, or, roll
call vote Barton "aye", Hopkins "aye", Stephens "aye", Alford "aye",
Riddlesperger "aye", Chew "aye", and Mayor "aye", Motion carried
unanimously,
Ordinances
A, The Council considered adoption of an Ordinana.e on
Texas Municipal Retirement System ten year vesting,
Hartung stated this Ordinance approved a reduction from 20 to 10
year vesting oJ' retirement benefits for City of Denton employees.
The following Ordinance was presentedi
NO, 82-78
AN ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN
THE TEXAS MUNICIPAL RETIREMENT SYSTEM) GRANTING THI'
ADDITIONAL RIGHTS, CREDITS AND BENEFITS AUTHORIZE: BY
SECTIONS 62,105 AND 64,202 OF TITLE 1108, REVISED :IVIL
STATUTES OF TEXAS, 14257 A13 AMENDED) PROVIDING THAT SUCH
RIGHTS SHALL BE SUPPLEMENTARY TO THOSE HERETOFORE A'",OWT D
AND THAT ARE IN FORCE ON THE EFFECTIVE DATE OF THIS
ORDINANCE) AND PRESCRIBING THE EFFECTIVE DATE OF :'HIS
ORDINANCE,
Riddlesperger motion, Alford second to adopt the Ordinance, On roll
call vote Barton "aye", Hopkins "aye", Stephens "aye", Alford 'aye",
Riddlesperger "aye", Chew "aye", and Mayor "aye", Motion s-arried
unanimously,
4. The Council discussed a proposed health facilities
development corporation,
Mr. Sam Florance, Jr„ First Southwest Company, reported _ the
Council this was a new concept similar to the industrial devel--pment
corporation with an emphasis on private health care facilities, such
as physicians offices, laboratories, etc, The City would r,ct be
obligated in any way nor would this corporation be in conflict with
the Health Board,
Chew motion, Riddlesperger second to receive more information .n the
corporation, Motion carried unanimously,
S, The Council considered disposition of City property ;,Ncated
along the east side of r'irroll Boulevard near its intersecticc with
Fort Worth Drive, (The Planning and Zoning Commission recc mmends
approval,)
,
Hartung reported this item was placed on the agenda at the request
of Council Member Barton.
Council Member Barton stated that he had been approached by a
contractor asking for disposition of the property for development,
~C UT ES Council Member Hopkins requested to abstain from the vote as :e owns
n/Zg/g~ some adjoining property.
Barton motion, Chew second to dispose of the property thro:.;h the
bid process, Motion carried 6 ayes and 1 abstention by ;:until
Member Hopkins.
` 6. The Council then considered an amendment to the contract
` between the City of Denton and the federal government re;irding
costs and state maintenance of recreational facilities Ray
Roberts.
Utility Director Nelson reported to the Council that the c::ginal
contract required local sponsors to pay 50~ of the recreational
facility construction and 140% of the maintenance. The c-; es of
Denton and Dallas have negotiated with the Corp of 4ngineere and the
state regarding payment of the construction and maintenance, Nelson .
requested the Council to approve the amendment and to allow the Clty
Manager the flexibility to sign the agreement when it was returned
as there might be some wording changes.
Chew motion, Barton aeoond to approve the amendment as presented but
if changes were made, to have the contract brought back to the
Council, Notion carried unanimously, /
71 The Council then reconsidered the funding for the Domino
Hall.
Council Member Chew stated that ho would like to see the Council
honor the verbal agreement made to fund the thomino Hall,
Les Holland, representing the Domino Hall, appeared stating the
nuinber of players that used the facility and the cost of janitorial
and utility bills.
Stephens motion, Chew second to have the City Staff look at possible
utility savings and make recommendations, Motion carried
unanimously,
8. The Council considered the City Manager's recommendation of
individuals to fill vacancies on the Civil Service Commission,
Hartung recwamended to the Council that Ms, Donna Jeanes be
reappointed for another 3 year term on the Civil Service Commission,
Stephens motion, Chew second to approve the recommendation, Motion
carried unanimously,
9. There was no official action on Executive Session itemsi
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
10. 0o new items of business for future agendas were suggested,
the Council adjourned into Executive Session at 7149 p.m.
RICHARD 0. STEWART, MAYOR
CHARLOTTE ALLEN, CITY SECRETARY
0426C
Y,) w~ DEPARTMENT OF THE ARMY
FORT WORTH DISTRICT, CORPS OF ENGINEERS
P. O. SOX 17300
FORT WORTH, TEXAS 76102
REPLY TO
A~TYN TION OP,
SWFED-PR
Mr. G. Chris Hartung
City Manager
City of Denton
215 East McKinney Street
Denton, Texas 76201
Dear fr., Hartung)
This is in regard to the recreation development at Ray Roberts Lake.
I am inclosing for your review and comment a copy of tho proposed Supplements:,
Agreement to Contract DAC1463-80-C-0107 between the Government and the City
of Denton, and a copy of the proposed contract (DACW63-82-C-0019) between the
Government and the State of Texas for assumption of recreation development
at said reservoir.
Please furnish your comments to my office by 30 September 1982 in order that
we may forward the contract to the State for review,
If you have any questions, please feel free to contact me, Technical questi•;ns
should be directed to Mr, Steve Wild at 817-334-2095.
Sincerely,
2 Incl THEODORE G. STROUP
As stated Colonel, CE
District Engineer
Contract No. DACW63-80-C-0107
Modification No. P00001
Ray Roberts Lake (Formerly Aubrey Lake)
Supplemental Agreement
Date.
THIS SUPPLEMENTAL AGREEMENT, entered into on the above date by and between
the United States of America (hereinafter called the Government), represented
by the Contracting officer executing this Agreement, and the city of Denton,
Denton County, Texas, (hereinafter called the City), WITNESSETH THATi
WHEREAS, under the terms and conditions of the original contract, the City,
under Article 19, and the Government recognize that the State of Texas, by
its Parke and Wildlife Department, may desire the use of all or a portion of
the recreation facilities of Ray Roberts Lake (hereinafter called the
Project); and
WHEREAS, the State of Texas, by its Parks and Wildlife Department
(hereinafter called the State) desires to participate in the development of
such facilities but has not been able to assume its obligations as required
in the provisions of Section 221 of Public Law 91-611 (42 U.S.C. 1962d-5b);
NOW, THEREFORE, the original contract is hereby modified in the following
particulars but in no others;
1. ARTICLE 2, paragraph a, line 5 is revised to indicate Recreation
Resources Appendix - Supplement No. 1 to Design Memorandum No. 2.
2. ARTICLE 2, paragraph b, line 5 is revised to indicate Recreation
Resources Appendix - Supplement No. 1 to Design Memorandum No. 2.
3. ARTICLE 2, paragraph c, line 1 is revised to indicate the Government, in
in cooperation with the City, will prepare a mutually acceptable Plan of
Recreation Development and Management."
4. ARTICLE 2, paragraph a is deleted.
5. ARTICLE 3, paragraph a. Initial development is revised to indicate that
the City's share of initial development cost, based on 1 November 1981 prices,
is
6. ARTICLE 3, paragraph b(1) is revised to indicate that the City's share of
the future development cost, based on 1 November 1981 prices is f fll
7. ARTICLE 19, Alternate local sponsor is revised in its entirety to read as
follows;
4 ,
The City and the Government hereby fooognize that the State of Texas, by
its Parks and Wildlife Department, may desire the use of 411 or a portion of
the recreation facilities of the Project. The City agrees that the Govern-
ment may enter into a separate contract with the State for this purpose, A
copy of the agreement with the State is attached as Exhibit B. However, in
the event the State is without full authority and capability to perform the
terms of its agreement with the Government and to pay damages, if necessary,
in the event of failure to perform, the Government shall have the right to
require the City to perform all or part of the State's responsibilities as
set out in its agreement with the Government, and the City agrees to perforr,
such responsibilities upon the Government's requant.
8. Exhibit A, Estimated Separable Recreation Cosc, is revio,,i to indicate
tho City's share of the initial and future development cost
9. All other terms and conditions of the original contract shall be and
remain the same.
10. This Supplemental Agreement shall be subject to the written approval of
the Secretary of the Army and shall not be binding until so approved,
2
11
IN WITNESS WHEREOF, the parties hereto have executed this contract as of
the day and year first above writtaw
APPROVEDI THE UNITED STATES OR AMERICA
s _
THEODORE 0, STROUP
Secretary of the Array (Civil Works) Colonel, CE
Contracting Officer
Date Date
COUNTERSICNEDt CITY OF DENTON, TEXAS
By
William McNary, City Finance, Chris Hartung
Director City Manager
APPROVED AS TO FOS:'.,
C. 3, Taylor, City Attorney
City of Denton, Texas
I, Charlotte Allen, certify that I am the City Secretary of the City of Denton,
Denton County, Texas, named as City herein; that Chris Hartung who signed this
Supplemental Agreement on behalf of the City of Dentin was then City Manager
of the City of Denton, Texas; that said Supplemental Agreement was duly signed
for and on behalf of the City of Denton, Texas by authority of its governing
body and is within the scope of its legal powers,
IN WITNESS WHEREOF, I have hereunto affixed my hand and the seal of said City
of Denton, Texas this day of 1982.
Charlotte Allen
Secretary
City of Denton, Texas
CORPORATE SEAL
•Y
Contract No, DAC1463-80-C- 0107
.
, U ItsY A q 1;WIll I , 'S
~ 'GXI TH1T
WINATED SEPAM3LC IIECREA'TION COST
(1 Jan 82 prices)
Au ray Lnl(s
Initial dayalo mp entt Future devalo~mant Total__J r
~1CCC 1l0, entuTe
1
it land'purcl),ase (public use areas) $ 21882,000 $ 21882,000
900,000 500,000
03 Reservoir (clearing public use areas)
11, Rucrention. facilities 11,5590000 $14,692,000 26,2511000
30 Engineering and design 959,000 1,219,000 21178,000
844,000 1,072,000 1.916,000
31 Supervision and administrntion 744,000 $16,983,000 $,9 7,000
Subtotal recreation expenditures $16,
I
M Lewisville I,aka
01 Lun,l purchase (public use areas) 1'783 000 11783,000 ,
,Oao 224,000
! 03 Reservoir (clearing public use areas) 224 l 686 000 1,686,000
0 14 Iecreation facilities 160,000 160,000 it
30 Engineering and design 138,000 _1380000 lI
31 Supervision and administration $3,891,000 $3,991,000
Subtotal recreation expenditures
't'otal recreation expenditures $20,7351000 $169983,000 $37,718,000
I - PARTICIPATION 11Y LOCAI, INTERESTS I1J TOTAL, DryELUI'lIEI1T
Percent Initial development future develoymcnt To t (I 1 '
City of Dallas) Texas 74 $15,344,000 $121567,000 $271911,000
City of Denton, Texas 26 513910000 41416,000 99807,U0U
~ r
is I
t
5.~,.^-.)t ? MRII t;M i 'f„-},,,iY~„ OCA ' g tf'~"S ~ 50 ~ tCGt Op l;Vl: A s 1 CII T I , RT1'.C A,~',1~ ~I
T'arriail Tnikinl dovolonai t Future dave(~mnnt xotnl~
j city of 0011119, 'texas 50 07,672,000 $6,2890504 $1:1,9551500
' City of Denton, Taxas 50 21695,500 2120810()0 4,903,500
(I
y
~ (1) l+atim.itod schodu].o for the City of nanton sham of 1985 1995 2005 2015
future levolopment1 0 $ 2,208 000
or additional recrentiolt
Hosed nl+ projection of anticipated visitntion which will establish the naafi
(love IOplHent: as 51ILmn in the Project Recroution•Rosources Appendix and the Clan of itocrealion Oevelopmarut
and 111mailoment made parts of thla contract by Artlclo 26 mid-'Article 2c, respectively.
41
j III - HTNIlUR SENINT OV SG('ARABLR COST t
I f
± A. Heimbursamunt, by City of Denton, Taxasl
initirl development _ Future development
N Separable rucraatlon development expenditures $2)695,500 $2,208,000
Interest duving con9troction (1) _ 18 300 (2) (3) I
2 !18 $ 000
Separable cok+t to ho repaid 1 , 800 2 , 208, $ ,
+ (1) Interest rate for rol.mbursabla amounts will be set as of that beginning of the Covarnmont fiscal yn,tr
in which constructl,-n of tho Project is started,
(2) Interovt rate 7,210 perefint, I
(3) To ba charged as vequlrad by Artlc.lo 3b. k
B. Itepay,eant schedule for inftia'l dovol.opmmin '
Computation for annual payments for nmortizntion nod interest based on 50 equal payments, of which th+i
i last 49 payments hear interest'~, on the unpaid balance ar the rate of 7,210 parcont,
P - (A - P)(i f c) Wharo; P annual payment
! P n (A - 11) ,0745602419 A m amount to be repaid
P m ,0745602419A - .0745602419P i - interest raten 7.210%
1,07456024191 n M45602419A (i + c) interest plu's amortization, coafftefent for 49 years !
, 0AS(02419A .0745602419 `
11.0745G024t~1 $173,140.75
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Contract No, DACW63-82-C-0019
CONTRACT BETWEEN
THE UNITED STATES OF AMERICA
AND
FOR
RECREATION DEVELOPMENT
AT
RAY ROBERTS LAKE, TEXAS, (FOPUMERLY AUBREY LAKE)
THIS CONTRACT entered into this day of 1982 by and
between the UNITED STATES OF AMERICA hereinafter called the "Govern-
ment"), represented by the Contracting Officer executing this contract
and the Texas Parks and Wildlife Department. (hereinafter called the
"State"), WITNESSETH THAT
WHEREAS, consl;ruction of Ray Roberts Lake, (hereinafter called the
"Project") was authorized by the River and Harbor Act of 1965 (Public Law
89-298, 79 Stat, 1091); and
WHEREAS, the cities of Dallas and Denton, Texas have contracted under
contract numbers DACW63-80-0-0106 and DACW63-80-C-0107 to administer all
Project land and water areas for recreation purposes and to operate,
maintain, and replace facilities provided for such purposes; and
WHEREAS, the State desires to assume a portion of the obligations
imposed upon the cities of Dallas and Denton; and
WHEREAS, the State desires to manage and administer all project lands
and water areas, other than those identified for project use such' as the
Embankment, Project Building area, etc,; and
WHEREAS, the State is authorized to administer project land and water
areas for recreational purposes, and operate, maintain and replace
facilities provided for such purposes and is empowered to contract for
such purposes, and is empowered to contract in these respects; and
WHEREAS, the Government: is authorized by the Federal Water Project
Recreation Act, (Public Law 89-72, 16 U.S.C. 460 -12, et seq) to make
contracts with non-Federal public bodies for development, management, and
administration of the recreation and fish and wildlife resources of
Federal water resources projects;
NOW, THEREFORE, the Government and the State agree as follows;
ARTICLE 1 - DEFINITION OF TE MS, For the purpose of this contract
certain terms are defined as follows;
(a) Joint costs, The total coat of the project minus the sum of the
separable coats wfoor all project purposes,
(b) First costs, used interchangeably with the terms "capital costs"
and "project costs," is the initial capital cost of the project,
includingc engineering, design, supervision, and administration; land
acquisition; construction; and interest during construction.
(c) Separable costs as applied to any project purpose, means the
difference between the capital cost of the entire multi-purpose project
and the capital cost of the project with the purpose omitted,
(d) Interest during construction consists of an amount of accrued
interest compute on and added to expenditures for establishment of
project services during the period between the actual outlay and the time
the recreation services become available.
ARTICLE 2 - LANDS AND FACILITIES.
(a) The Government agrees to design, construct, and operate the
project to provide for enhancement of general recreation consistent with
other authorized project purposes. Details on lands necessary for such
enhancement are shown in the Project Recreation Resources Appendix -
Supplement No, 1 to Design Memorandum No. 2, incorporated herein by
reference,
(b) In addition to the lands to be acquired for other authorized
purposes, the Government will acquire certain lands specifically to
enhance the recreation potential of the project. The lands anticipated
to be acquired for all project purposes, including recreation are those
lands shown on Plates No. t-1, I-2, and 1-3 of the above-referenced
approved Recreation Resources Appendix - Surplement No, 1 to Design
Memorandum No, 2,
(c) The Government in cooperation with the State will prepare a
mutually acceptable Plan of Recreation Development and Management which
will depict and identify the types and quantities of facilities to be
constructed, The State's. cost sharing responsibility with the Government
for the construction of such facilities will be Limited to the Isle
duBois Park area and remaining development shown in the Plan of
Recreation Development will be constructed by the Government and the
cities of Dallas and Denton, The presently estimated cost of facilities
to be so provided in Isle duBots Park is contained in Exhibit A entitled
"Estimated Separable Recreation Costs," attached hereto and made a part
hereof, Such estimate of facility cost is subject to reasonable
adjustment as appropriate upon completion of construction and approval of
the above mentioned "Plan of Recreation Development and Management",
(d) The facilities for which estimated costs are shown in Exhibit A,
as it may be adjusted in accordance with paragraph (c) above, shall be
constructed jointly by the parties through mutually satisfactory division
of responsibility for construction which takes into account direct and
indirect cost savings
2
1
which may be gained by the parties in the publ$,o interest for certain
specific facilities, Provided, that the foottitie: to be constructed by
each party shall be forma y agreed upon by the two parties prior to
construction, consistent with the provisions of Article 3.
(e) The Government will make available by lease to the State (a form
of such lease is attached as Exhibit F of this contract), for State
management and administration, the use and occupancy of approximately
45,000 acres of land and water areas (more fully described in the "Plan
of Recreation Development and Management"), together with facilities
located thereon and acquired or constructed pursuant to this contract,
No provisions of this contract, including this subparagraph (e), shall
merge into any such lease; but each and every obligation of each party
hereto shall remain in full force and effect unless altered by mutual
agreement of Article 10 hereof, The State's leased area is delineated as
a sketch attached to Exhibit A,
(f) Title to all lands and facilities specifically acquired,
developed oe constructed by or with Government assistance to enhance the
recreation potentials of the project shall at all times be in the United
States,
(g) The performance of any obligation or the expenditure of any
funds by the Government under this contract is contingent upon Congress
making the necessary appropriations, and funds being allocated and made
available for the work required hereunder,
(h) Any work to be performed by contract shall be publicly
advertised and awarded to the lowest responsible bidder, The State shall
make available to the Contracting Officer for his approval all
invitation] for bid, all bids received, the contractor selected for
award, the contract, and all contract changes, modifications, and
specifications.
ARTICLE 3 - CONSIDERATION AND PAYMENT, Each party hereto will pay or
contribute in kind fifty percent 50.) of the separable first costs of
recreation development and fifty percent (50%) of the separable costs of
future development for the Isle duBois Park area. In addition, as
between the parties hereto and except as may be specified to the contrary
in any separate contract between the parties, the Government will pay one
hundred percent (100%.) of the joint costs of the project allocated to
recreation,
(a) Initial Development. Fifty percent (50%) of the estimated
meparable first costs of initial recreation development participated in
by the State is estimated to be $ . After the conclusion of each
calendar quarter subsequent to the effective date of this contract, the
Contracting Officer shall compute the total expenditures by each party to
such date. In computing expenditures, there shall be considered, in
addition to cash payments, contributions in kind such as land or
facilities, at the fair market value thereof at the time such land or
3
facilities are provided, which value shall not include enhancement due to
the Project. If the total expenditures by the Government have exceeded
those of the State, the State shall pay to the Government such sum as
will equalize the expenditures of both parties, In addition, the State
shall pay to the Government fifty percent (50X) of the interest on the
amount the Government expenditures exceed the State expenditures for any
month of the computation period, computed at the rate established by the
Secretary of the Treasury of the Government ae of the beginning of the
Government fiscal year in which Project construction was initiated,
pursuant to the formula prescribed by Section 301(b) of the Water Supply
Act of 1958 (Public Law 85-500, 43 U,S.0. 390b(b)). For the Project,
this interest rate is 7.210 percent. Such interest shall be computed for
the period between dates of the actual outlays by file Government and date
of the end of the calendar quarter, If the total expenditures by the
State exceed those of the Government, the Government, subject to the
availability of funds, will pay to the State a sum which will equalize
the funds expended by each party to date,,
(b) Future Development.
(1) Fifty percent (50%) of the estimated separable first costs
of future recreation development is estimated to be $ ,
(2) Future recreation development as provided in this contract
shall be contingent upon the availability of Government funds therefor.
(3) In the event there shall not be available sufficient funds
to provide the Government's share of future development as the need
arises, the State may develop or continue to develop the necessary
facilities, provided prior approval of such development is received in
writing from the Government, Upon receipt of notice that Government
funds are again available for such development, the State may withhold
payment of additional amounts until such time as the payment of funds
from each party is balanced at fifty percent (50%.) of the total separable
construction expenditures for this purpose to that time. If the State
has completed the future development at its own expense due to the
unavailability of Government funds, upon such Government funds again
becoming available, the Government shall reimburse the State for the
Government's share of such development expense. Nothing herein shall be
construed as obligating either party to make payments in excess of funds
appropriated and allocated by the Government for this particular purpose,
or for the Government to appropriate and allocate funds for this purpose,
or as authorizing the State to withhold making payments under paragraph
(a) of this Article.
(t,) When Government funds are made available, and to the extent
the State may not already have provided equal amounts under the provi-
sions of Article 3b(3), the State shall be obligated to proceed with
further recreation development, The method of payment will be as out-
lined in Article 3a. The amount to be repaid shall include interest
during construction on the amount the Government expenditures exceed
4
the State expenditures for any month of the construction period, computed
at the rate to be determined by the secretary of the Treasury of the
United States as of the beginning of the Government fiscal year in which
construction of the additional facilities is initiated as prescribed by
Section 301(b) of the Water Supply Act of 1958 (Public Law 8$-500, 43
U.S.C. 390b(b). Such interest shall be computed for the period between
the dates of the actual outlays by the Government and the date the
facilities are available to the State for useful operation. The interest
rate in effect at the time of negotiations of this contract (Government
fiscal year 82) is 9.352 percent. Interest on the unpaid balance shall
be computed at the rate provided above. Payment schedules will be
provided by the contracting Officer as required and wily. be attached as
an exhibit to this contract and become a part hereof without further
action by either party, and if based on estimated costs will be subject
to revision when final construction costs are known.
(c) charges for delinquent payments. if the State shall fail to
make any of the aforesaid payments when due, then the overdue payments
shall bear interest compounded annually until paid, The interest rate to
be used for overdue payments due under the provisions of Articles 3(a)
and 3(b) above shall be that determined by the Department of Treasury's
Treasury Fiscal Requirements Manual (1 TFRM 6-8000, "Cash Management"),
The amount charged on payments overdue for a period of less than one year
shall be figured on a monthly basis. For example, if the payment is made
within the first month after being overdue after a 15-day grace period
from the anniversary date of the date of notification, one month's
interest shall be charged for any portion of each succeeding month that
the payment is delinquent. This provision shall not be construed as
giving the State a choice of either making payments when due or paying
interest, nor shall it be construed as waiving any other rights of the
Government, at law or in equity, which might result from any default by
the State,
(d) Other Federal Funds. No repayment credit of any kind whatsoever
will be allowed the State for expenditures financed by, involving, or
consisting of, either in whole or in part, contributions or grants of
assistance received from any Federal agency, in providing any lands or
facilities for recreation hereunder.
(e) Ad ustments to reflect costs, The dollar amounts set forth in
this Article are based upon the Government's best estimates, and are sub-
ject to adjustments based on the costs actually incurred. Such estimates
are not to be construed as representations of the total financial respon-
sibilities of each of the parties.
(f) Allowable costs. Allowable costs by the State shall include all
items of expense, expended after 30 November 1980, properly chargeable to
the development of recreation facilities under the "Plan of Recreation
Development and Management," including but not limited to engineerinc,
labor, materials, transportation, insurance, overhead charges properly
allocable to the work, supervision, surveys, permits, rental of tools an,-i
equipment and machinery employed in the work, together with such other
S
items of expense as should, in the op,lnton of the Contracting Officer, be
included in the cost of the work, For the purpose of determining expen-
ditures made by the State, the State shall provide at the end of each
quarter certified invoices, in quadruplicate, suppurted by such evidence
of payment made by the State a.a may be required by the Contracting
Officer. All original timecards or payrolls, material records, and
accounts for all charges and expenditures by the State, which are subject
to equalization, shall be available at all reasonable times to allow the
Government to check and audit the invoices submitted by the State. So
far as practicable, separate records shall be maintained by the State on
all items and accounts which shall constitute the basis of information
from which the invoices shall be prepared.
ARTICLE 4 - CONSTRUCTION AND OPERATION OF ADDITIONAL FACILITIES, Cev ain
types of facilities, including but not necessarily limited to restaur-
ants, lodges, golf courses, cabins, clubhouses, overnight or vacation
type structures, stables, marinas, swimming pools, commissaries, chair-
lifts, and such similar revenue producing facilities, may be constructed
by the State or by third parties on a concession basis, Any such
construction and operation of these types of facilities shall be
compatible with all Project purposes and shall be subject to the prior
approval of the Contracting Officer, However, the State shall not
receive credit for costs of such facilities against amounts due and
payable under Article 3, and such facilities shall not be deemed to be
developed or constructed with Government assistance for purpose of
Articl,a 2f,
ARTICLE 5 - FEES AND CHARGES, The State may assess and collect fees for
entrance to developed recreation and fish and wildlife areas and for use
of the project facilities and areas, in accordance with a fee schedule
mutually agreed to by the parties, An initial mutually acceptable fee
schedule is set forth in Exhibit B of this contract. Not less often than
every five years, the parties will review such schedule and, upon the
request of either, renegotiate the schedule. The renegotiated fee
schedule shall, upon written agreement thereto by the parties, supersede
Exhibit B without the necessity of modifying this contractual document.
ARTICLE 6 - FEDERAL AND STATE LAWS,
(a) In acting under its rights and obligations hereunder, the State
agrees to comply with all applicable Federal and State laws and regula-
tions, including but not limited to the provisions of the Davis-Bacon Act
(40 U.S.C. 276 aOa(7)); the Contract Work Hours and Safety Standards Act
(40 M .C. 327-333); and Part 3 of Title 29, Code of Federal Regula-
tions.
(b) The State furnishes, as part of this contract, an assurance
(Exhibit C) that it will comply with Title VI of the Civil Rights Act of
1964 (78 Stat, 241, 42 U.S.C. 20)0d, et seq) and Department of Defense
Directive 5500,11 issued pursuant thereto and published in Part 300 of
Title 32, Code of Federal Regulations, The State agrees also that it
will obtain such assurances from all of its concessionaires,
6
(c) The State furnishes as part of this contract an assurance
(Exhibit D) that it will comply with Sections 210 and 305 of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 170
(Public Law 91-646),
ARTICLE 7 - OPERATION AND MAINTENANCE
(a) The State shall be responsible for operation, maintenance, and
replacement without cost to the Government of all facilities developed to
support project recreation opportunities, The State shall maintain all
project lands, waters, and facilities in a manner satisfactory to the
Contracting Officer and pursuant to the provisions of any leaso or
license which may subsequently be entered into between the parties
hereto, with the exception of lands required for operation of the project
structures as described in (c) below,
(b) For the lands and waters to be made available pursuant to this
contract, the State will prepare and upon approval of the Coul.v acting
Officer, implement plans and programs for effective management of the
forest and range resources of the project, including but not limitod to
measures to control soil erosion, suppress wildfires, control vectors and
pests, and maintain the shoreline of the reservoir in an attractive con-
dition,
(c) The Government or its assignees will operate and maintain those
lands, structures, and facilities such as dams, dikes, spillways and out-
let works required for control and regulation of the waters stored in the
reservoir, the access road to the dam, and any project visitor facilities
constructed in conjunction with these works, The Government will accom-
plish shoreline debris removal for a period of two years after initial
impoundment of water to elevation 632,5 feet,
ARTICLE 8 - RELEASE OF CLAIMS,
(a) The Government and its officers and employees shall noc be
liable in any manner to the State for or on account of damage caused by
the development, operation, and maintenance of the recreation facilities
of the project, To the extent that it may legally do so, the State here-
by releases the Government and agrees to hold it free and harmless and to
indemnify it from all damages, claims, or demands that may result from
development, operation, and maintenance of the general recreation areas
and facilities except with respect to those functions reserved to the
Government under paragraph (c) Article 7,
(b) The State shall require its concessionaires to obtain from an
insurance company licensed in the State and acceptable to the Government,
Liability or indemnity insurance providing for minimum limits of $100,000
per person in any one claim, and an aggregate limit of $300,000 for any
number of persons or claims arising from any one incident with respect to
bodily injuries or death resulting therefrom, and $50,000 for damage to
property suffered or alleged to have been suffered by any person or
persons resulting from operations under any agreement between the State
and its concessionaires,
7
ARTICLE 9 - TRANSFER OR ASSIGNMENT. The State shall not transfer or
assign this contract nor any rights acquired thereunder, nor grant any
interest, privilege or license whatsoever in connection with this con-
tract without the approval of the Secretary of the Army or his authorized
representative except as provided in Article 4 of this contract.
ARTICLE 10 - DEFAULT. In the event the State fails to meet any of its
obligations under this agreement, the Government may terminate the whole
or any part of this contract and any lease or license granted to the
State for accomplishing the purpose of this agreement. The rights and
remedies of Government provided in this Article shalt not be exclusive
and are in addition to any other rights and remedies provided by law or
under this contract.
ARTICLE 11 - EXAMINATION OF RECORDS. The Government and the State shall
maintain books, records, documents, and other evidence pertaining to
costs and expenses incurred under this contract, to the extent and in
such detail as will properly reflect all net costs, direct and indirect,
of labor, materials, equipment, supplies, and services and other costs
and expenses of whatever nature involved therein. The Government and
State shall make available at their offices at reasonable times, the
accounting records for inspection and audit by an authorized representa-
tive of the parties to this contract during the period this contract is
in effect.
ARTICLE 12 - RELATIONSHIP OF PARTIES. The parties to this contract act
in an independent capacity in the performance of their respective func-
tions under this contract and neither party is to be considered the
officer, agent, or employee of the other.
ARTICLE D - INSPECTIONS. The Government shall at all times have the
right to make inspections concerning the operation and maintenance of the
lands and facilities to be provided hereunder.
ARTICLE 14 - OFFICIALS NOT TO BENEFIT. No members of or delegate to the
Congress, or Resident Commissioner, shall be admitted to any share or
part of this contract, or to any benefit that may arise therefrom; but
this provision shall not be construed to extend to this contract if made
with a corporation for its general benefit.
AR1'CLE 15 - COVENANT AGAINST CONTINGENT FEES, The State warrants that
no person or selling agency has been employed or retained to solicit or
secure this contract upon agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees
or bona fide established commercial or selling agencies maintained by the
State for the purpose of securing business. For breach or violation of
this warranty, the Government shall have the right to annul this contract
without liabilty or in its discretion to add to the contract price or
consideration, or otherwise recover, the full amount of such commission,
percentage, brokerage, or contingent fee.
S
ARTICLE 16 - ENVIRONMENTAL QUALITY, '
(a) In furtherance of the purpose and policy of the National
Environmental Policy Act of 1969 (Public Law 91-190, 42 U,S,C, 4321,
4331-433!0 and Executive Order 11514, entitled "Protection and Enhance-
ment of Environmental Quality," March 5, 1970 (35 Federal Register 4247,
March 7, 1970), the Government and the State recognizes the importance of
preservation and enhancement of the quality of the environment and the
elimination of environmental pollution. Actions by either party will be
after consideration of all possible effects upon the project environ-
mental resources and will incorporate adequate and appropriate measures
to insure that the quality of the environment will not be degraded or
unfavorably altered.
(b) During construction and operation undertaken by either party,
specific notions will be taken to control environmental pollution which
could result from their activities and to comply with applicable Federal,
State, and local laws and regulations eonv.erninf; environment pollution.
Particular attention should be given to (1) reduction of air pollution by
control of! burning, minimization of dust, containment of chemical vapors,
and control of engi,,ie exhaust gases and smoke from temporary heaters; (2)
reduction of water pollution by control of sanitary facilities, storage
of fuels and other %ontaminants, and control c+f turbidity and siltation
from eroolon; (3) minimization of noise levels, (4) on and off site
disposal oJf waste and spoil activities; and (5) prevention of landscape
defacemen': and damal;e.
ARTICLE 17 - EFFECTIVE DATE, Thin contract shall take affect upon
approval by the Secretary of the Army or his authorized representative.
ARTICLE 18 - ALTERN/1TE LOCAL SPON£0R, In the event the State is without
full authority and napabili%y to perform the terms of this agreement, the
Government shall have the right to require the cities of Dallas and
Denton, Texas, to perform the State's responsibilities, Such responsi-
bilities by the cities of Dallas and Denton will be divided by a ratio of
74 percent (74%) and 26 percent (26%) respectively.
9
IN WITNESS WHEREOF, the parties her4to have executed this contract as of
the day and year first above written,
APPROVEDi THE UNITED STATES OF AM RICA
WILLIAM R, CY LLI, 'Assistant By THE DOU Q. S R UP
Secretary of the Army (Civil Works) Colonel, CE
Contracting Officer
Date bates
THE STATE OF TEXAS
B y___„
CHARLES D, TRAVIS
Exacutive Director
Texas Parks and Wildlife Department
ATTEST:
10
Contract No, DACW63-82-0-OOIQ
RAY ROBERTS LAKE
F'XIIIBIT A
ESTIMATED SEPARABLE RECREATION COST
STATE OF TEXAS
(January 1982 prices)
Areas and Facilities Leased to the State
(Isle dul3ois Park)
Acct
No, Feature Initial development Future development Total
01 Land purchase (public use areas) $1,920,000 $1,9209000
03 Reservoir (clearing park use area) 2000000 200,000
14 Recreation facilities 11,1869700 $6,293,000 17,474,700
30 Engineering and design 9280500 5229300 1,450,800'.
al Supervision and administration 816,600 459)400 1,276,000
Total recreation expenditures $15,057,800 $7,274,700 $22,332,500
I - PARTICIPATION IN DEVFLOPMENT
Percent Initial development Future development Total
"'he government 50 $ 71528,900 $3,637,350 $11,166,250
The State of Texas 5n 7,528,900 - 3,637,350 11,166,250
Total 100 $15,057,800 $712749700 $229332,500
To he reimbursed by the State of Texas,
1980 1990 2000Ul~
2/ Fstimated schedule for the State's share of future development: 0 316379350 0
Rased on projection of anticipated visitation which will establish the need for additional recreation
development as shown in the Project Resources Appendix and the Plan of Recreation Development and
Management made parts of this contract by Article 2b and Article 2e, respectively.
Contract No, DACW63-82-C-0019
RAY ROBERTS LAKE
(Formerly Aubrey Lake)
EXHIBIT 8
PRELIMINARY FEE SCHEDULE
1, Entrance permit - annual (12 month sticker) $15,00
24 Entrance permit - restricted annual (12-month sticker
good for one selected park) $ 8.00
3. Day use - entrance fee (i,e, sightseeing, picnici,ing, 4
swimming, water skiing, etc, per car or vehicle per day $ 2.00
4. Overnight camping - basic, unit (table w/shelter, trash
can, fireplace, water, surfaced camp pad) per vehicle
unit per 24-hour period $ 3100
5. Overnight camping - basic unit plus electrical and water
connections per vehicle unit per 24-hour period $ 4.00
6. Overnight camping - basic unit plus electrical, water,
and sewer connections per vehicle unit per 24-hour period $ 5,00
Contract No. DACW63-82-C-0019
RAY ROBERTS LAKE
(Formerly Aubrey Lake)
EXHIBIT C
ASSURANCE OF COMPLIANCE WITH THE
DEPARTMENT OF DEFENSE DIRECTIVE UNDER
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
The Texas Parks and Wildlife Department, an agency of the State of Texas,
(hereinafter called "Applicant-Recipient") HEREBY AGREES THAT it will
comply with title VI of the Civil Rights Act of 1964 (Public Law 88-352)
and all requirements imposed by or pursuant to the Directive of the
Department of Defense (32 CFR Part 300, issued as Department of Defense
Directive $500.11, December 28, 1964) issued pursuant to that title, to
the end that, in accordance with title VI of that Act and the Directive,
no person in the United States shall, on the ground of race, color, or
national origin be excluded from participation in, be denied the benefits
of, or be otherwise subjected to discrimination under, any program or
activity for which the Applicant-Recipient receives Federal financial
assistance from the U,S, Army Corps of Engineers and HEREBY GIVES
ASSURANCE THAT it will immediately take any measures necessary to effec-
tuate this agreement,
If any real property or structure thereon is provided or improved with
the aid of Federal financial assistance extended to the Applicant-
Recipient by the U.S, Army Corps o-1 Engineers, assurance shall obligate
the Applicant-Recipient, or in the case of any transfer of such property,
any transferee, for the period during which the real property or struc-
ture is used for a purpose for which Federal financial assistance is
extended or for another purpose involving the provision of similiar ser-
vices or benefits. If any personal property is so provided, this
assurance shall obligate the Applicant-Recipient for the period during
which it retains ownership or possession of the property. In all other
cases, this assurance shall obligate the Applicant-Recipient for the
period during which the Federal financial assistance is extended to it by
the U.S. Army Corps of Engineers.
THIS ASSURANCE is given in consideration of and for the purpose of
obtaining any and all Federal grants, loans, contracts, property,
discounts, or other Federal financial assistance extended after the date
hereof to the Applicant-Recipient by the Department, including
installment payments after such date on account of arrangements for
Federal financial assistance which were approved before such date.
The Applicant-Recipient recognizes and agrees that such Federal
assistance will be extended in reliance on the representations and
agreements made in this assurance, and that the United States shell have
the right to seek Judicial enforcement of this assurance. This assurance
is binding on the Applicant-Recipient, its successors, transferees, and
assignees; and the person or persons whose signatures appear below are
authorized to sign this assurance on'behalf of the Applicant-Recipient,
THE TEXAS PARKS AND WILDLIFE DEPARTMENT
Dated BY
CHARLES Do TRAVIS
Executive Director
ATTEST;
C-2
Contract No. OACW63-82-C-0019
RAY ROBERTS CAKE
(Formerly Aubrey Lake)
EXHIBIT D
ASSURANCE OF COMPLIANCE WITH SECTIONS 210 AND 305
OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY
ACQUISITION POLICIES ACT OF 1970 (PUBLIC LAW 91-646)
SOLELY AS RELATED TO ACTIONS TAKEN UNDER TERMS OF THIS CONTRACT
As a part of Contract No, DACW63-81-C-0019 and pursuant to the below
cited provisions of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 19700 Public Law 91-646, 84 Stat. 1894
(herein cited as the Act), the Texas Parks and Wildlife Department, an
agency of the State of Texas, hereby agrees to:
1. Provide fair and reasonable relocation payments and assistance
for displaced persons, as are required to be provided by a Federal agency
under Section 202, 203, and 204 of the Act,
2, Provide to such displaced persons relocation assistance programs
offering the services described in Section 205 of the Act,
3, Assure that within a reasonable period of time prior to displa-
cement, decent, safe, and sanitary replacement dwellings will be
available to displaced persons in accordance with Section 2205(c)(3) of
the Act,
4. Be guided, to the greatest extent practicable under State law,
by the land acquisition policies in Section 301 of the Act and the provi-
sions of Section 302 of the Act, and
5. Pay or reimburse property owners for necessary expenses as spe-
cified in Sections 303 and 304 of the Act.
THE TEXAS PARKS AND WILDLIFE DEPARTMENT
Dated 8YZHARLES 0. TRAVIS
Executive Director
ATTEST;
~-1
1
Contract No, DACW63-82-C-0019
RAY ROBF,RTS LAKE
(Formerly Aubrey Lake)
EXHIBIT E
OPINION OF COUNSEL
I have reviewed and approved Contract No. DACW63-82-C-0019 between the
' United States of America and the Texas Parks and Wildlife Department, an
agency of the State of Texas. Particularly, I have considered the effect
of Section 221 of Public Law 91.611 (42 U.S.C. 1962d-5b) and am of the
opinion that the Texas Parks and Wildlife Department has the requisite
legal authority to enter into and comply with this agreement as required
by the aforementioned statute,
Dated
Assistant Attorney Genera
Attorney General's Office
State of Texas
E-1
Contract No. DACW63-82-C-0019
RAY ROBERTS LAKE.
(Formerly Aubrey Lake)
EXHIBIT F
(D'E~AFT~l~~'E )
DEPARTMENT OF THE ARMY
LEASE
FOR PUBLIC PARK AND RECREATION PURPOSES
RAY ROBERTS LAKE, TEXAS
THE SECRETARY OF THE ARMY under authority of Section 4 of the Act of
Congress approved 22 December 1944, as amended (16 USC 460d), and the
Federal Water Project Recreation Act, 79 Stat. 214 (1.6 USC 460 - 13), and
pursuant to a contract entered into on , by and
between the United States of America and the Texas Parks and Wildlife
Department, an agency of the State of Texas (hereinafter referred to as
The Contract), hereby grants to the Texas Parks and Wildlife Department,
hereinafter referred to as the lessee, a lease for a period of fifty (50)
years commencing on and ending on , to use and
occupy approximately 4,500 acres of land and water areas under the pri-
mary Jurisdiction of the Department of the Army in the project area,
hereinafter referred to as the premises, as shown on Exhibit attached
hereto and made a part hereof.
THIS LEASE is granted subject to the following conditions:
1. The lessee shalt conform to such regulations as the Secretary of
the Army may issue to govern the public use of the project area and shall
comply with the provisions of the above cited Acts of Congress. The
lessee shall protect the premises from fire, vandalism, and soil erosion,
and may make and enforce such regulations as are necessary and within its
legal authority in exercising the privileges granted in this lease; pro-
vided that such regulations are not inconsistent with those issued by the
Secretary of the Army or with provisions of the above cited Acts of
Congress.
2. Th3 lessee agrees to administer the land and water areas
included iii the lease for recreation purposes and to bear the costs of
operation, maintenance, and replacement of all facilities and improve-
ments on the premises at the commencement of this lease or added during
its term. As used in this lease, the term "replacement" shall be
construed to mean the replacement in whole or in part of any structure or
improvement so worn or damaged by any cause as to no longer adequately
serve its designated function with normal maintenance. The lessee shall
be guided by an Annual Plan of Operation and Maintenance in furtherance
of the Plan of Recreation Development and Management adopted pursuant to
Article 2c of The contract and by this reference made a part hereof. On
or before the anniversary date of the lease each year, the parties shall
agree on the Annual Plan which shall include but is not limited to the
following:
F-1
1
a, Plans for management activities to be undertaken by the lessee
including improvements and other facilities to be constructed thereon in
accordance with The Contract,
b, Report of the management, maintenance, and development
accomplishments of the lessee for the preceding year,
c, Significant modifications of policies or procedures which have
develGped or are to be applied.
d. Minor modifications to the Plan of Recreation Development and
Management (major modifications to be accomplished by amendment of the
Plan},
3, In addition to the fees and charges authorized under the provi-
sions of Article 5 of The Contract, the lessee and his sublessees may
conduct such revenue producing activities as are within the scope of
Article 4 of The Contract, Except for timber salvaged and sold by the
lessee when in the way of construction, all sales of forest products will
be conducted by the Government, and the proceeds therefrom shall not be
available to the lessee under the provisions of this lease.
4. That upon the commencement of this lease the parties hereto
shall cause to be made an inventory of all improvements constructed in
whole or in part with Federal funds under the terms of The Contract.
From time to time there shall be added to said inventory such additional
improvements as may be constructed pursuant to the aforesaid contract.
Certain types of "Additional Facilities", including but not limited to
restaurants, lodges, golf courses, cabins, clubhouses, overnight or vaca-
tion type structures, stables, marinas, swimming pools, commissaries,
chairlifts and such similar revenue producing facilities constructed
under the authority of Article 4 of The Contract shall not be added to
this inventory. The inventory of improvements shall include descriptions
and drawings sufficient to permit their identification and condition and
to replace them if required during the term or on the expiration or ter-
mination of this lease. Said inventory and all amendments thereto shall
be approved in writing by authorized representatives of the parties
hereto and shall thereupon become a part of this lease as if originally
annexed.
5. The lessee may grant permits and licenses and sublease all or
portions of the leased property for purposes which are consistent with
the terms and conditions of this lease and with the Plan of Recreation
Development and Management. All Such grants shall state that they are
granted subject to the provisions of this lease. On lakes where con-
cessions are operated under leases granted by the Government or by its
other grantees, the terms and conditions of permits, licenses, and
subleases granted by the lessee for revenue producing purposes shall
first be approved by the District Engineer in writing. In order to pro-
tect the investments of sublessees, the District Engineer is authorized
to approve subleases which require the Government to continue to honor
such parts of the subleases which may be necessary to assure the con-
tinuation of the subleased activities upon a default which would result,
in a revocation of the prime lease under Condition 15 hereof.
F-2
6, No permits, licenses, or subleases will be granted to adjacent
private property owners for use, alteration, improvement, addition of
facilities, or any other purpose which would confer upon them privileges
not available to the general public or which would infer or Imply exclu-
sive private use of public lands, Any permits, licenses, or subleases
granted to adjacent private property owners for rise, alteration, improve-
ment, addition of facilities, or any other purpose will be conditioned
such as;
a, Not to restrict use thereof by the general public.
b. To permit free and unimpeded passage along the shore.
c, To be compatible with the Project Master Plan, Forest Management
Plan, and the Environmental Impact Statement adopted for the
project.
d. To have signs posted to the effect that "This is public prorerty
open to the general public use."
1. The lessee shall establish and maintain adequate records and
accounts and render annual statements of receipts and expenditures to
the District Engineer, except for annual or weekly entrance fees which
also are honored at other recreational areas operated by the lessee. The
District Engineer shall have the right to perform audits of the lessee's
records and accounts and to require the lessee to audit the records and
accounts of sublessees and furnish the District Engineer a copy of the
results of such an audit,
8. The rates and prices charged by the lessee or its grantees for
revenue producing activities shall be reasonable and comparable to rates
charged for similar goods and services by others in Vie community and on
the lake. The Government shall have the right to review such rates and
prices and to require an increase or reduction where it finds the objec-
tive of this paragraph has been violated.
9. The right is reserved to the United States, its officers,
agents, and employees, to enter upon the premises at any time to make
inspections concerning the operation and maintenance of the lands and
facilities provided hereunder, for any purpose necessary or convenient in
connection with river and harbor and flood control work, and to remove
timber or other material required for such work; to flood the premises
when necessary; and/or to make any other use of the land as may be
necessary in connection with public navigation and flood control; and the
lessee shall have no claim for damage's of any character on account
thereof against the United States or any agent, officer, or employee
thereof.
10, The Government shall not be responsible for damages to property
or injuries to persons which may arise from or be incident to the exer-
cise-of the privileges herein granted, for damages to the property of the
lessee, for damages to the property or injuries to the person of the
lessee's officers, agents, servants, or employees or others who may be on
the premises at their invitation or the invitation of any one of them,
F-3
•
arising from or incident to the flooding of the premises by the
Government or flooding from any other cause, or arising from or incident
to any other governmental activities, and the lessee shall hold and save
the Government, including its officers, agents, and employees, harmless
from any and all such claims, not including damages due to the fault or
negligence of the Government or its contractors,
11, The lessee or its grantees shall not discriminate against any
person or persons because of race, creed, color, sex, age or national
origin in the conduct of Its operations hereunder. The lessee has fur-
nished as part of The Contract an assurance that it will comply with
Title VI of the Civil Rights Act of 1964 (78 Stat. 241) and Department of
Defense Directive 5500,11 issued pursuant thereto and published as Part
300 of Title 32, Code of Federal Regulations, and all grantees shall
supply like assurances.
12. This lease is subject to all existing easements, and easements
subsequently granted, for roadways and utilities and for other purposes
located or to be located on the premises; provided that the proposed
grant of any easement will be coordinated with the lessee and easements
will not be granted which will, in the opinion of the District Engineer,
interfere with developments, present or proposed, by the lessee.
13. The lessee shall comply promptly with any regulations, con-
ditions, or instructions affecting the activity hereby authorized if and
when issued by the Environmental Protection Agency and/or a State Water
Pollution Control Agency having jurisdiction to abate or prevent water
pollution. Such regulations, conditions, or instructions in effect or
prescribed by the Environmental Protection Agency or State Agency are
hereby made a condition of this lease.
14. This lease may be revoked by the Secretary of the Army in the
event the lessee violates any of the terms and conditions of this lease
and continues and persists therein for sixty (60) days after notice
thereof, in writing, by the District Engineer. Such a termination shall
not derogate or diminish such other remedies in law as may be available
to the Government and In no way shall it act to relieve the lessee of his
responsibilities and obligations under The Contract. In lieu of revoca-
tion, the District Engineer, in his discretion, upon finding that a
violation constitutes a health or safety hazard, may suspend the use of
that operation or facility until such deficiency is rectified.
15. On or before the date of expiration of this lease, the lessee
shall vacate the premises, remove its property therefrom, and restore the
premises to a condition satisfactory to the District Engineer. If,
however, this lease is revoked, the lessee shall vacate the premises,
remove its property therefrom, and restore the premises as aforesaid
within such time as the Secretary of the Army may designate, In either
event, if the lessee shall fail or neglect to remove its property and so
restore the premises, then its property shall become the property of the
United States or its officers or agents shall be created by or made on
account thereof.
F-4
.f /
EXHIBIT VI
Contract No. DA0463-80-C-0107
Modification No. P00001
Ray Roberts Lake (Formerly Aubrey Lake)
Supplemental Agreement
Dater
THIS SUPPLEMENTAL AGREEMENT, entered into on the above date by and between
the United States of America (hereinafter called the Government), represented
by the Contracting Officer executing this Agreement, and the city of Denton,
Denton County, Texas, (hereinafter called the City), WITNESSETH THAT:
WHEREAS, under the terms and conditions of the original contract, the City,
under Article 19, and the Government recognize that the State of Texas, by
its Parks and sire the the recreationWfacilitiespoftRaytRobertseLake (hereinafterlcalled theetion of
Project); and
WHEREAS, the State of 'texas, by its Parks and Wildlife Department
(hereinafter called the State) desires to partici.pare in the developmetit of
such facilities but has not been able to assume its obligations as required
in the provisions of Section 221 of Public Law 91-611 (42 U.S.C. 1962d-5b);
NOW, THEREFORE, the original contract is hereby modified !n the following
particulars but in no others;
1. Contract title is changed to include fish and wildlife enhancement.
2. The last WHEREAS clause is changed to read:
WHEREAS, the Government is authorized by the Federal Water Project
Recreation Act (Public Law 89-72), 16 U.S.C. 4601-12 et seq.) to make
admi-
contracts with
nistration ofthenrecreation bodies s fifor sh and ewildlife resources tofaFederal
water resource projects;
3. ARTICLE 2, paragraph a, is revised to read:
The Covernment agrees to design, construct, and operate the Project
to provide for enhancement of general recreation and fish and wildlife
consistent with maximum utilization of water supply and flood control in
the Project. Details on lands necessary for such enhancement are shown
in the Project RECREATION RESOURCES APPENDIX SUPPLEMENT NO. 1 to DESIGN
MEMORANDUM NO. 2, as concurred in by the City and incorporated herein by
reference.
4. ARTICLE 2, paragraph b, is revised to reads
In addition to the lands to be acquired for the other authorized pur-
poses, the Government will acquire certain lands specifically to enhance
.
the recreation and fish and wildlife potential of the Project. The lands
anticipated to be acquired for all Project purposes, including
recreation, are those lands shown on Plates I-l, I-2, and 1-3 of the
above referenced approved RECREATION RESOURCES APPENDIX to DESIGN
MEMORANDUM NO. 2.
50 ARTICLE 2, paragraph co is revised to read:
The City, in coopr.ration with the Government, will prepare a mutually
acceptable "Plan of Recreation Development and Management" which will
depict and identify the types and quantities of facilities which the City
and the Government will construct in accordance with this contract. The
presently estimated coat of facilities to be so prrvided is contained in
Exhibit A, entitled "Estimated Separable Recreation and Fish and Wildlife
Enhancement Costs," attached hereto and made a part hereof. Such esti-
mate of facilities cost is subject to reasonable adjustment as
appropriate upon approval of the above mentioned "Plan of Recreation
Development and Management" and completion of construction.
b;' ARTICLE 2y paragraph e, is deleted.
7. ARTICLE 3. Immediately after the first sentence, insert the
followings The City will pay or contribute in kind twenty-five percent
(25y), and the Government will pay or contribute in kind seventy-five
(75%) of the separable cost of fish and wildlife enhancement of that por-
tion participated in by the City.
8.' ARTICLE 3, paragraph a, is revised as follows:
Fifty percent (50y), the City's share of the estimated separable costs
of initial recreation development participated in by the City, is esti-
mated to be $1,932,000, and twenty-five percent (25%), the City's share
of the estimated separable costs of f.tsh and wildlife enhancement par-
ticipated in by the City, is estimated to be $63,000. These amounts
shall be paid to the Government by the City as follows:
94 ARTICLE 3, paragraph b(1), is revised to indicate that the City's
share of the future development cost, based on 1 January 1982 prices, is
$1,938,500.
10. ARTICLE 70 paragraph a, is revised as follows:
The City shall be responsible for operation, maintenance, and replace-
went, without cost to the Government, of all facilities developed
areas
support Project recreation and fish and wildlife opportunities
leased by the City. In areas leased by the City, the City shall maintain
all Project lands, waters, and facilities in a manner satisfactory to the
Contracting Officer and pursuant to the provisions of any lease or
license which may subsequently be entered into between the parties
hereto, with the exception of lands required for operation of the Project
structures as described in paragraph c below.
s
11. ARTICLE 19, Alternate local sponsor, is revised in its entirety to
read as followst
The City and the Government hereby recognize that the State of Texag, by
its narks and wildlife Department, may desire the use of all or a portion of
the recreation facilities of the Project. The City agrees that the Govern-
ment may enter into a separate contract with the State for this purpose. A
copy of the agreement with the State is attached as Exhibit B. However, in
the event the State is without full authority and capability to perform the
tertins of its agreement with the Government and to pay damages, if necessary,
in the event of failure to perform, the Government shall have the right to
require the City to perform upon 60 days notice, all or part of its recrea-
tional responsibilities as provided for in the original recreation contract.
12o Exhibit At Estimated Separable Recreation Cost, is revised to indicate
the City's share of the initial and future recreation development cost
and initial fish and wildlife development costs.
13. All other terms and conditions of the original contract shall be and
remain the same.
9, This Supplemental Agreement shall be subject to the written approval of
the Secretary of the Army and mall not be binding until so approved.
I
IN WITNESS WHEREOF, the parties hereto have executed this contract as of
the day and year first above written,
APPROVEDI THE UNITED STATES OF AMERICA
8
Secretary o the Army Civil or a y HE ODORS G, STROUP
Colonel, CE
Contracting Officer
Date` Date
COUNTERSIGNED: CITY OF DENTON, TEXAS
BY
William McNary, City Finance Officer Chris Hartung
City of Denton, Texas City Manager
APPROVED AS TO FORMS
C. J. Taylor, City Attorney
City of Denton, Texas
I, Charlotte Allen, certify that I am the City Secretary of the City of
Denton, Denton County, Texas, named as City herein; that Chria Hartung
who signed this Supplemental Agreement on behalf of the City of Denton
was then City Manager cf the City of Denton, Texas; that said
Supplemental Agreement was duly signed for and on behalf of the City of
Denton, Texas by authority of its governing body and is within the scope
of its legal powers.
IN WITNESS WHEREOF, I have hereunto affixed my hand and the aeal of said
City of Denton, Texas, this day of 1983.
Charlotte Allen
Secretary
City of Denton, Texas
CORPORATE SEAL
Contract No. DACW63-80-C-010)'
RAY ROBERTS AND LEWISVILLE LAKES
EXHIBIT A
MINATHD SEPARABLE RECREATION AND FISH AND WILDLIFE ENHANCEMENT COSTS
(January 1982 prices)-
Ray Roberts Lake - Recreation (excluding Isle duBois Park)
Acct
No. Feature Initial development Future development Total
01 Land purchase (public use areas) $ 2,882;000 $ 20882,000.
03 Reservoir (clearing public use areas) 5000000 50000on
14 Recreation facilities 8,3710000 $12,233,000 20,604,000
30 Engineering and design 6950000 110150x100 11710,000.
31 Supervision and administration 6110000 893,000 1 504 0011
Subtotal 3,059,000 TIM, 1 1,000 2 ,200,00i?
Lewisville Lake - Recreation
03 Reservoir clearing 224,000 Mom,
30 Engineering and design 160000 16,01111
31 Supervision and administration 16,000 16,Oil~T..'
Subtotal $ 2560000 $ 254,0MI
Ray Roberts Lake - Fish and Wildlife Enhancement
06 Fish and wilkdlife enhancement 854,000 8540(Iokl
30 Engineering and design 59,000 59,01JU
31 Supervision and administration 520000 52,0OU
Subtotal $ 9659000 $ 965,OWT
Greenbelt Corrid-.r - Recreation)
01 Land purchase (public use areas) 103050500 10305,'3mt
14 Recreation facilities 2140500 214, 5i M30 Engineering and design 150000 15,0'A;r1-
31 Supervision and administration 13,000 13,oolz,
Subtotal 1,5 8,000 $ 10548 ) 6 4
1(Total recreation and fish and
wildlife enhancement coats $15,828,000 $14,1410000 $2909690011nt,
1Representa.one-half of greenbelt corridor recreation costa - remaining one-half of costs is covered
under a separate contract with the State of Texas.
1,1
II w REIMBURSEMENT BY LOCAL INTFRRSTS
A.' Recreation development at Ray Roberts and Lewisville Lakee,
Percent initial development Future development Total:
Loral interests 50 $6,6579500 $700700500 $1.3,728„ 000
City of Dallas 74 40926,500, 502320000 101158,,500
City of Denton 26 117310000 10838,500 30 569,,500
B, Fish and wildlife enhancement at Ray Roberts Lake.
Local interests 25 241,500 24t., 500
City of Dallas 74 178,500 178„ 500
City of Denton 26 630000 63 .,,000
C. Greenbelt Corridor,
Local interests 50 774,000 774, 000
City of Dallas 74 5730000 571, 000
City of Denton 26 201,000 201., 000
Total recreation and fish and
wildlife enhancement in which
local interests participate 70673,000 70070,500 14,74:x„:500
City of Dallas 5,6780000 502320000 10,910..000
City of Denton 119950000 108380500 3, 83:1..500
(1) Estimated schedule for the City of Denton share of 1985 1995 2005 2015
future developments 0 $1,8380500
Based on projection of anticipated visitation which will establish the need for additional recreatiurr
development as shown in the Project Recreation Resources Appendix and the Plan of Recreation Develop-
ment and Management made parts of this contract by Article 2b and Article 2c, respectively.
III - REIMBURSEMENT OF SEPARAW COSTS
A. Reimbursement by City of Trenton, Texast
Initial development Future development
Separable recreation development expenditures $1,995,000 $1,838 500
Interest during constructionl 221 0002 9
Separable costs to be repaid $21216"006 $16838~500
llnterest rate for reimbursable amounts will be Set as of the beginning of the Government fiscal year
in which construction of the Project is started.
2lnterest rate 7.210 percent.
3To be charged as required by Article 3b.
B. Repayment schedule for initial developments
Computation for annual payments for amortization and interest based on 50 equal payments, of which that
last 49 payments bear interest, on the unpaid balance at the rate of 7.210 percent.
P • (A - P) (i + c) Wheret P w annual payment
P (A - P) .0745602419P A w amount to be repaid - $
P .0745602419A - .0745602419P i w interest rate w 7.210%
1.0745602419P w .0745602419A (i + c) w interest plus amortization coefficient for 49 ;K•ears
P .0745602419A .0745602419
1.0745602419
w
EXHIBIT VII
RESOLUTION ENDORSING GREENBELT
FOR RAY ROBERTS LAKE
WHEREAS, a recognized purpose of the North Central Texas Council of
Governments is to help local governments recognize regional opportunities,
resolve regional problems, eliminate unnecessary duplication, and make joint
regional decisions; and
WHEREAS, a NCTCOG regional open space plan indicates that the most highly
regarded natural resources in this region lie in "environmental corridors" which
generally follow streamlines and which are ideally suited for recreation; and
WHEREAS, the recently adopted North Central Texas Council of Governments
Committee of the Future, 1983 Report recommends exam na ono existing an
po en ial uses o stream Corr rs or the purpose of recommending a realistic
and achievalbe regional strategy; and
WHEREAS, the NCTCOG Environmental Resources Advisory Committee, comprised
of public officials, private citizens, economic interests, and public interest
groups, and the NCTCOG Water Resources Council have unanimously endorsed the
Lake Ray Roberts/Lake Lewisville recreational program in August, 1983; and
WHEREAS, the sponsors have indicated that they will provide recreational
facilities of equal quality and location to adjoining communities at Lake
Lewisville to replace those being inundated due to pool raise,
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE EXECUTIVE BOARD Of THE NORTH
CENTRAL TEXAS COUNCIL OF GOVERNMENTS:
Section 1. That the Executive Board of the North Central Texas
Council of Governments endorses the concept of 06
proposed greenbelt corridor for Ray Roberts Lake and
the cooperative financing of the entire project as
innovative, regionally saind, and a significant step in
implementing the regional open space plan.
Section 2, That the Executive Board of the North Central Texas
C ounciI of Governments requests the U.S. Army Corp of
Engineers and participating agencies to carefully
evaluate the greenbelt plan in order to minimize
unnecessary hardships to adjoining landowners.
Section 3. That the Executive Director is authorized to forward
this resolution to the appropriate officials at the
City of Dallas, City of Denton, Texas Parks and Wild-
life Department, U.S, Army Corps of Engineers, and
other interested agencies,
Section 4. That this resolution shall be in effect immediately
upon its adoption.
Ester arse 'f , P r"esi r
North Central Texas Council of Governments
Councilman, City of Hurst
S hereby certify that the resolution was adopted by the Executive Board of
the Nortn Central Texas Council of Govern is on August 25, 1983,
I am itst Executive rector
North Central exas Council of Governments
I
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