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01-13-1998
i i I City Council Agenda Packet January 13, 1998 L./ .r =x2 Ph x 0 32.E o Agenda No--.ic AGENDA Fi CITY OF DENTON CITY COUNCIL Agenda Nem_ January 13, 1998 Oate - After determining that a quorum is present and convening in an open meeting, the City Council wiii convene in a closed meeting of the City of Denton City Council on Tuesday, January 13, 1999 at 5:15 p,m. In the Council Work Session Room of City Hall, 20 E. McKinney, Denton. Texas at which the following items will be considered; 1, Closed Meeting; t, A. Conference with Employees - Under TEX. GOVT, CODE See. $51.075. The Council may receive information from employees during a staff conference or briefing, but may not deliberate during the conference. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH EMPLOYEES WILL ONLY 13E TAKEN IN AN OPEN MEETING TIIAT IS HELD IN COMPLIANCE W1111 TEX. GOVT. CODE Cit. 551. THE CITY COUNCIL RESERVES TIH7 RIGIIT TO ADJ(A11RN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUI11ORIZED BY I'CX, GOVT. CODE SEC. 551.001, ET SEQ. (TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF 111 i CLOSED MEETiNO ON THE CLOSED MEETING ITEMS a NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUMNO, WIIIIOUT LIMITATION SECTIONS 551,071.551.085 OF THE OPEN r MLEIINGS ACT. Work session of the City of Denton City Council on Tuesday, January 13, 1998 at 6;00 p.m. in the City Council Work Session Roon at City I lall, 215 E. McKinney, Denton, Texas at which the following items will be considered: y; NOTE; A Work Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpos; of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, fi City Council deliberation and formal City action. At a Work Section, the City Council generally receives informcl and preliminary report:, -nd Information from City staff, ofiiciels, members of " 1 City committees, and the Individual or organization proposing council action, if Invited by City a` Council or City Manager to participate in the session. Participation by individuals and members r of organizations invited to speak ceases when the Mayor announees the session is being closed to public input. Although Work Sessions are public meetings, and citizens have a legal right to ' attend, they are not public hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being explored, Should the Council direct the m3tier be placed on a regular meeting agenda, the staff • will generally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting al which citizen input is sought. The purpose of this r procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. I. Receive a report, hold a discussion, and give staff direction regarding Impact fees. pr M 25 ~ 32XIO i i City of Denton City Council.A;enda January 13, 1998 Page 2 2. Receive a report, hold a discussion, and give staff direction regarding a proposed park dedication ordinance. (Parks and Recreation Board recommends approval, 3.0.) r 3. Receive a report, hold a discussion, and give staff direction regarding operational Issues associated with Ray Roberts Lake. CERTIFICATE 1 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 , 1998 at o'clock (a, m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING I-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. 7 25 x' 32 x i o 1 n , I , If Adedd+~ Nam r.(1lLm-- da ltsm A90 AGENDA INFORMATION SHEET Doti AGENDA DATE, January 13,1498 DEPARTMENTi Water/Wastewater Engineering and Field Services ACM: (toward Martin, 349.8232 SAC Brief Council and receive direction regarding impact fees. BACKGROUND Mr. Bob McClain with the firm of David M, Griffith & Associates will present more detailed information on whlch cities have Impact fees, what the effect of these fees have been upon development, and what Denton could expect if we adopt fees. Mr. McClain has worked with numerous cities In this region on enacting fees. His briefing materials are attached. pR10R ACTiONLREVIEW(Council, Hoards. CommissionO During the last briefing on impact fees, the City Council asked for additional Information about Impact fees and how they affect development. F'ISCAL• INFORMATION None. Respectfully submitted: K. r A lord Interim Director, W/WW Engineering and Field Services f a 1 r 25 Y, 32x~ • o City of Denton, Texas t Fee City C Presentation N n anu 1 1998 David A it 98 - r, 25 K 10 32XId f Our Qualifications Presenters DMG Profile Our Qualifications M :a Impact Fee Study Process Highlights .r Questions answered about Impact Fees r 1 Page t 25 x. CJ 32xId a Our Qualifications DMG Profile Services Offered Water & Sew- e Solid Waste hSunlcipel flectrle Rate Studies Rate Studies Stormwatet Drainage Role Studies Fessibility Studley I i Impact or system Solid Waste Stormwalcr t Development Management Rate Studies Fee Studies plonnlngStudies a System Acquislllon Financlal ($onding) a & Fixed Asset Feasibility Studies Studies Finendal (Bonding) Feasibility Studies Establlshinf Utility Authontia Expert Witriess Litlgatlon Support page 2 r 75~~❑ 32XfC 0 1 Y Our Qualifications Presenters Walter Huelsman - National Director, Government Utility Group - Former partner-in-charge of Government Utility Group, Coopers & Lybrand; f - 30 years experience with municipal utilities. - 40 + engagements with DMG. Bob McLain - Senior Managing Consultant; • - 15 years experience with municipal utilities. - 60 + rate studies, mostly in Texas; - Several impact fee studies across the nation; • page 3 r 2,5 x'n 32x10 o QWMW1 • _~--dnnv«rr«~xwr~w~w+N+W*WHW IMM~MMYMI~MM1IW'MW1RWr~~V`M~fMM~~Me~1M~MeJ 1'PYVf!ww1~TrW VW1F W~nMr~~u+W✓wwsnrrr Wnn Impact Fee Study Process under Local Government Code,Chapter 395 1. Develop Landuse Assumptions Ill. Calculate Impact Fee (s) & Project Cash Flow I A i II, Identify I0-Year CIP IV. Establish Accounting, Recordkeeping, & Reporting Page 4 I i _ z x ❑ 32X 0 Table 1 Known Cities Which Ha,, a Impact Fees Per 518 " Meter Equivilenl_ Per 518 " Meter Equivilent Wate Sewer Did Wafer sewer law Allen S 547 S 92 S 639 Highland Village $ 21547 $ 11754 S 4,302 Arlington 383 315 698 Houston 200 700 900 Austin 981 590 11571 Keller 750 750 11500 Boerne 506 609 1,115 Lancaster 615 606 1,221 Brownsville 110 170 280 League City 734 1,100 19834 Buda 10145 2,195 3,340 Lewisville 940 11103 21043 Carrollton 200 100 300 Mansfield 680 350 11030 Cedar 11111 769 231 1,000 McKinney 250 250 500 Colleyville 827 - 827 New Braunfels 487 517 19004 Coppell 450 450 Plano 758 378 19136 Corinth 19960 840 2,800 Rockwall 412 1,640 21052 UeSoto 325 75 400 hound Rock 1,345 1,250 21595 Eagle Pass - $25 525 San Antonio 105 120 225 Flower Mound 674 1,396 2,070 San Marcos 363 527 890 Fort Worth 356 $80 936 Sehertz $50 1,135 11685 Garland 357 - 357 Southlake 700 1,300 21000 Grand Prairie 212 145 357 The Colony 125 450 $75 Grapevine 764 140 904 Tomball 586 751 11337 1111, Average S 631 S 630 S 1,261 Note • this list represents the cities we knew that have Impact feet. There may be ashen that have Impact fees that we are not aware of. Page S i j - 25 x 10 32 x~~ 1 , 1 O V i"now • 1 1 1'1 OP i Table 2 Which Cities Have Transportation Fees? Allen Arlington Cedar Hill j I DeSoto Flower Mound Grand Prairie E • Keller Page 6 32x1p .5x`I0 A • „wrrr e ,,Wweo • i - Table 3 What percent of maximum impact fee is collected? Water Sewer 1AW Water SMU IQW Allen 100% 100% 100% Garland 37% 0% 19% Arlington 17% 0% 9% Grand Prairie 50% 50% 50% Austin 26% 28% 27% Highland Village 60% 50% 55% Boerne 77% 78% 78% Houston 13% 53% 33% 3 Brownsville 13% 20% 17% Keller 67% 70% 68% Buda 100% 95% 98% Lancaster 45% 31% 38°ir, Cedar 11111 22% 9% 15% League City 100% 100% 100% Moto 69% 94% 82% Lewisville 36% 76% 56% Flower Mound 100% 100% 100% Mansfield 40% 40% 40% Fort Worth 45% 57% 51% New Braunfels 100% 100% 100% Rockwall 49% 49% 49% Average 56% 57% 56% i Note - cities not shown did not respond or responded incompletely, Page 7 - 2r~k10 32XI a.aaaiaaa ' o . Table 4 Where In process are impact fees collected? Allen Note (1) Houston Permit Arlington N.R. Keller Permit Austin Permit Lancaster Permit Boerne Note (2) League City Note (1) Brownsville Plat Lewisville Permit Buda Permit Mansfield Permit Carrollton Permit McKinney N.R. Cedar Hill Pcrmit New Braunfels N.R. Colleyvllie N.R. Plano Plat Corinth Permit Rockwall N.R. Desoto Permit Round Rock N.R. Eagle Pass Plat San Antonio N,R. Euless Permit San Marcos N.R. Flower Mound Permit Schertz N.R. • Fort Worth Permit Southlake N.R. Grand Prairie Permit The Colony N.R. Grapevine N.R. Tomball Permit Highland Village Plat • 16. Building permit, d at platting stage, 12 no response 3 - other (see footnotes) N.R. = No or incomplete response, (1) • Residential at platting, noartaldentiai at building ptrmlt. (2) • Unt portion at platting, fatllitite portion at permit. Pip B M 25x!CJ :32XIO 1210 librl~~ 9 Table 5 When did each city enact impact fees? Update Update r Update Update 4rleinal #.i t1 Orlpial U t1 Allen 1991 1994 1998 port Worth 1990 1993 1996 Austin 1990 1993 1997 Grand Prairie 1990 1991 0 Boerne 1989 1998 0 Highland Village 1990 1995 0 Brownsville 1990 0 0 Houston 1990 0 0 Buda 1990 1994 0 Keller 1990 1994 1996 Carrollton 1990 1994 1997 Lancaster 1990 1993 1998 Cedar llilt 1990 1995 0 League City 1989 1997 0 w Corinth 1990 1995 0 Lewisville 1990 1994 1998 + Desoto 1992 0 1998 Mansfield 1991 1995 0 j Eagle Pass 1990 1993 1996 New Braunfels 1989 1992 1995 Euless 1990 1993 0 Plano 1990 1993 1996 ('lower Mound 1990 1993 1998 Tomball 1989 1996 0 i Note - cities not shown did not respond or responded incompletely, • •1A'. P414 9 X 75, I0 32XIC] o . I t Table 6 How many cities completed comprehensive plan before impact fee study process? Allen Y Fort Worth Y Austin Y Grand Prairie Y Boerne Y Highland Village N Brownsville Y Houston Y Buda N Keller Y Carrollton Y Lancaster N Cedar Hill Y League City N Corinth Y Lewisville Y UeSoto Y Mansfield Y x'31 6 Eagle Pass Y New Braunfels N Euless Y Plano N Flower Mound Y' Tomball Y Yes-18,No-6 11 • No response or incomplete response Page 10 E 25 x 32XIO Table 7 How many cities completed water and sewer master plans before impact fee study process? Allen Y Fort Worth Y Austin Y Grand Prairie Y Boerne Y Highland Village Y Brownsville Y Houston Y Buda N Keller Y Carrollton Y Lancaster Y Cedar Hill Y League City N Corinth Y Lewisville Y Desoto Y Mansfield Y Eagle Pass N New Braunfels N • Euless Y Plano Y Flower Mound Y Tomball Y • Yes-20,No-4 • 11 - No response or Incomplete response Page i 1 25 10 32xI❑ Table 8 Which Cities Have Had to Refund Impact Fees? DeSoto - (Transportation fees) i Grand Prairie (All 3) H r i Page 12 Psi xC~ 32x~C] i 0 I Table 9 Estimated cost of original process and updates 1 Update Update Original 0 1 M 2 (S000,'s) (S000,13) (S000"s) Allen S 25 S 18 S Austin 25 20 - Boerne 20 15 Brownsville 30 20 - Carrollton 109 50 175 Corinth 52 - - UeSoto 78 82 - Eagle Pass 40 20 - Fort Worth s0 156 Houston 510 - - "y Keller 75 25 - Lancaster 30 League City - 15 Mansfield 30 30 New Braunfels 25 • 1 Plano - 36 36 • Tomball 25 27 - Average S 63 S 26 S 22 ! Note - these are colmates given to us by City staff bated on their knoe ledge. Page 13 - 25 x 32XIO i ors , C+I~IiA How has development rate been affected in the cities that have impact fees? Not at ali, based on our experience and based on responses from survey; Note that majority of cities in survey are among highest growth rate cities in Texas: • Plano, Flower Mound, The Colony, Highland Village, McKinney, Southlake 1 Page 14 - 25 x 1 n 32x10 • ' I i i ...._.-.....w.nv..rstus4w Ypyw Y9M3°-4u`HYYY++:.yrAf.f+wYA1N RAM wNY.:1F\~MMiIT-+:NUWMAT.MM1-.rYl~~rwnnuwnv rv..... w...u r... e... What are some of the pitfalls of the impact fee study process? Comments from those that have gone through process ...make sure CIP is comprehensive.., .,,when you define the land use assumptions you also define the potential growth areas - this can be controversial... ..time and effort related to administration of fees: r, - must keep list of owners that have contributed Impact fees; L• - send-monthly report to Council on CIP; - must ensure funds are spent on projects to CIP; • - tlnety reconcilladon of actual expenditures to planned. • JV Page 1S I 25 xa 32x14 o . What are some of the benefits of the impact fee study process? i Addresses the concern that growth does not pay its own way.. Helps keep down debt service component of rates.. Communities where we can personally vouch that rates have been offset by impact fees: ,W Allen, Corinth, Flower Mound, Highland Village, • Keller, Lancaster, Plano. Page 16 2.5 x10 32x11 o 4 I l _ f Apaada No, Agenda hem Dale ' AGENDA INFORMATION SKEET AGENDA DATE, January 13,1999 DEPARTMENT: Parks and Recreation. Department ACM'. Michael W. Jez, 349.792 SUBJECT Hold a discussion and give staff direction regarding a proposed park dedication ordinance. BACKGROUND On July 19, 1997, the City Council directed staff to work through the Parks and Recreation Board to draft a mandatory park dedication ordinance. A draft ordinance has been prepared and is ready for the City Council's review. A summary of the ordinance's provisions is attached (Attachment t), as is a copy of the draft ordinance (Attachment 2). ESTIMATED SCHEDULE OF PROJECT Should the Council so direct, a final ordinance will be prepared for approval on January 2e, PRIOR ACTION/REVIEW The Parks and Recreation Board approved the draft park dedication requirements on November 17, 1997 (Attachment 3), Staff then Introduced the ordinance with the Park Board endorsement to the Planning and Zoning Commission on November 19`h. The Commission held a public hearing on the draft ordinance on December 10h. At the Commission's request, a public review • of the proposed requirements was held on January P at the Civic Center. j The Commission on January 7th conducted a second public hearing. The commissioners elected not to lake action; however, Individual members Indicated their current positions regarding the proposed ordinance and suggested a number of changes. Staff will summarize the commissioner' suggestions during the upcoming Council meeting. Page l - 1 0 - a I ~ - 0. 1 • 1 i II .man I FISCAL INFORMATION The proposed park fees are intended to fully cover the costs of acquiring and developing the neighborhood parka required to serve new residents. Collected fees will be deposited in special trust funds until needed for park acquisition and/or development. I ' Respectfully submitted! Ed H ney, Director Parks and Recreation Department r» 1 ,t i Page 2 10 32x11 r 0 ~I ATTACHMENT 1 r NEIGHBORHOOD PARK DEDICATION AND FEE REQUIREMENTS SUMMARY (Revised 12131197) 1. General • Applies to all residential development a Requirements based on service standard of 23 acres of neighborhood park land per 1,000 residents and a service area of 1 square mile • Establishes a minimum neighborhood park size of 3 acres r Establishes development fees based on full land and facility development costs for a typical 3 acre neighborhood park a Land requirements and fee calculations based on 2.8 persons per single. funily and 1.8 persons per multi-family dwelling units s Fees and/or land dedication will be due prior to final plat approval • Proposed requirements will not be applied to previously approved plats that are in compliance with existing subdivision regulations as of the ordinance adoption date SL Developments of less tban 714 single-family or 1,111 multi-family dwelling units A. Land Fee Calculation • 2.5 rcres x (no, of proposed dwelling units) x (persons per unit) divided by 1000 a park acreage required to serve development Acreage required x pre-development value of land per acre divided by no. dwelling units proposed in preliminary plat • Examples (hypothetical), r" 1, Single family: 23 acres x 400 SF dwelling units x 2.8 persons/unit divided by 1,000 2,8 acres required 2.8 required acres x S10,0001acre divided by 400 SF dwetting units S70 per dwelling unit page 3 25 `10 32XI❑ 0 2. Multifamily: 23 acres x 400 MF dwelling units x 1.8 persons/unit divided by 1,000 - 1.8 acres required 1.8 acres x SI0,000lacre divided by 400 $43 per dwelling B. Park Development Fee Calculation NOTEt FEES ARE BASED ON PARK DEVELOPMENT COSTS OF $208,000 FOR A TYPICAL NEIGHBORHOOD PARK (see Exblbit 1) DIVIDED BY 714 SF AND I,tll MF DWELLING UNITS SERVED BY A S ACRE PARK s $291 x no. proposed SF dwelling units a $187 x no. proposed MF dwelling units s Examples: L Single family: $291 x 400 dwelling units - S 116,400 2. Multi-family: $187 x 400 dwelling unite - S 74,800 111, Developments equal to and greater than 714 SF or 1,111 MF dwelling units A. Land Dedication Calculation • 2.3 acres x (no. of proposed dwelling units) x (persons per unit) divided by 1,000 • Examples: 1. Single family: rE ~ 2.3 acres x 800 SF dwelling units x 2.8 persons/unit divided by 1,000 5.6 acres to be dedicated 2. Sluld-family: 2.5 acres x 11300 MF units x 1.8 persons/unit divided by 1,000 5,83 octet to be dedicated J Page 4 / 25Q 32 x~❑ mom" o ' i i B. Park Development Fee Calculation i • SAME, AS DEVELOPMENTS OF LESS THAN 714 SF OR 11111 MF UNITS IV, Other Provisions a Fees and/or land dedication due at the time of flnel plat. • Collected fees must be spent to acquire uAlor development park land within I mile of the periphery of the subdivision. • City must spend collected fees within 10 years of collection. If not, the original fees may be re Wed to developer or heirs upon written request. • Dedicated land considered acceptable i@ -at lent 25% out of 100 year flood plain -at least 50% has slopes of less than S% .free of debris, hazardous substances, underground tanks -has reasonable street frontage • Additlonod flood plain acreage may be dedicated at a ratio of 3:1, in lieu of non-flood plain land. s A partial credit of up to 50% against land dedication and fee requirements may bo applied to proposed private recreation land and facilities. • Park Development fees wl11 be adjusted annually, In accordance with the current Consumer Price Index (CPI). i ' Page d 2b K10 32xIn 0 d NEIGHBORHOOD PARK DEVELOPMENT COSTS (Typlat S sere) r Infrastructure and Sitework S 309000 Parking and driveway Utilities Grading/drainage Dentolition/cleanup Playground $ 500000 Picnic Shelter S 14,000 Multl•use court S 30,000 Site furniture $ 51()00 Walk0tralls $ 350000 Amenities $ 33,000 Goals and,'or backstop for practice field Landsc sp i n g/tur r/irrigation Lighting Signage SV8 rOTAL $1991000 Destgnlcontingencies $ 199000 TOTAL $108,000 ~1t page 6 ,i 2532xIO 0 • i i PARK FEES COMPARISON SINGLE FAMILY MULTI FAMILY Unit Fee Total Fee* Unit Fee Total Fee** CITY Denton 291 2089000 187 208,000 Allen 130 92,820 ]i0 122,210 b Arlington 662.861 472,668-614,734 662.861 733,482.956,571 Carrollton 300 214,200 300 333,300 Cedar hill 250 178,500 250 277,750 Colleyville 310 221,340 310 344,410 Coppcll 1,265 903,910 1,265 1,403,413 Dcsoto 300 214,200 300 333,300 Flower Mound S00 357,000 S00 SSS,500 Fort Worth Varies with land val~ie Vales with land value • Grapevine 807.1,416 316,198.1,011,024 807.1,416 896,571.11573,176 Lewisville 250 118,500 250 277,750 McKinney Varies with land value Varies with land value Plano 476 333,438 314 415,514 j: j * Bascd on Based on 714 Single Family Units 1,111 Multi Family Units • PA" Ft Es c'OMPOWN 0 aros~ww DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 22 "PARKS AND RECREATION"' OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ADDING AN ARTICLE III PROVIDING FOR PARK LAND DEDICATION OR PAYMENT OF CASH IN LIEU THEREOF AND PAYMENT OF PARK DEVELOPMENT FEES AS A CONDITION TO SUBDIVISION PLAT APPROVAL IN ORDER TO PROVIDE FOR NECESSARY PARK DEVELOPMENT; ESTABLISHING A SPECIAL FUND FOR MONEY PAID FOR PARK DEVELOPMENT; PROVIDING A PENALTY IN THE AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council for the City of Denton, Texas has determined that the plaiting of residential subdivisions results In an Increase of population, which In turn creates a need for additional neighborhood park land and park Improvements, thereby placing an Inordinate burden on existing city park sites and facilities; and WIIEREAS, the City Council finds that it is in the public interest to Insure that new residential developments In the City of Denton will dedicate sufficient land or will otherwisa provide for the development of park amenities to meet the demand and need of future residents of the development for open space and neighborhood parks which contain passive or active recreational areas that are reasonably attributable to such new development; and WHEREAS, the City Council recognizes that the establishment of public open space In the form of neighborhood parks is necessary and in the Interest of public welfare, and that an effective method to provide for the same is the Incorporation of procedures for the dedication of park land and facilities into the platting and development process as set forth In the City's subdivision rules and regulations ordinance and state law; and 11, , WHEREAS, the City Council has conducted a public hearing on the proposed regulations contained herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS, SEC1' Q.NJ. That the "Parks and Recreation" Chapter of the Code of the City of Denton. Texas, be and the same is hereby amended by the addition of a new Article III entitled "Park Dedication", so that hereafter said article shall be and read as follows: x 10 32 x O ?.r t ~ aw~ar. i p I i ~Irl4r PARK DEDICATION ARTICLE III, Sea 22.33, PURPOSE. (a) This Article is adopted to provide recreational areas in the form of neighborhood parks as a function of subdivision development of the City of Denton This Article is enacted in accordance with the home rule powers of the City of Denton granted under the Texas Constitution, and the statutes of the State of Texas, Including, but not by way of limitation, V.T.C.A Local Government Code, §51.071 et. seq. (provisions applicable to home-rule municipality) and 412.001 et. seq (municipal regulation of subdivisions and property development). It is hereby declared by the City Council that recreational areas in the form of neighborhood parks are necessary and in the public welfare, and that the only adequate procedure to provide for same is by Integrating such a requirement into the procedure for planning and developing property or subdivisions In the City, whether such development consists of new residential construction on vacant land or the addition of uew dwelling units on existing residential land (b) Neighborhood parks are those parks ;roviding for a variety of outdoors recreational opportunities and within convenient oaistances from a n&jority of the residences to be served thereby. The primary cost of neighborhood parks should be borne by the ultimate residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficlaries of such facilities. Therefore, the following requirements are adopted to effect the purpot is stated Sec. 22.34, DEFINITIUN OF TERMS For purposes of this policy, the following terms shall be defined as follows (a) "Developer/Owner" - means the legal or beneficial owner or owners of a lot or any land r proposed to be included in a proposed development Including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land (b) "Subdivision Land" - means the divisio,i or redivislon of land Into five (S) or more lots i tracts, sites or parcels for the purpose of developing residential dwelling units i (c) "Dwelling Units" - means a building or portion or & buildi og which Is arranged, occupied or intended to be occcipled is living quartets and includes facilities for food preparation and • sleeping • • Jul (d) "Neighborhood Park" - Open space area encompassing five (S) to twenty (20) acres, t Neighborhood parks should provide recreational land for residents within an approximate / one-half (I/2) mile service radius PACE 2 ?F) 10 32x 0 I rhl4~ I~ (e) ,Community park, • Open space Area encompassing twenty (20) to fifty (50) acres within a one and a half (1V,) mile service radius serving approximately twenty to thirty thousand (20,000.30,000) in population for the purpose of providing both preservation of natural features within the urban environment and recreational needs on a community-wide basis. Sec. 22.35. PLANNING (a) The overall program and full implementation of the Denton Park Dedication Policy shall generally follow the City of Denton's Comprehensive plan and any officially adopted comprehensive park and recreation plan. (b) The City of Denton shall require residential developers to dedicate land for neighborhood parks, make payment of cash in lieu thereof, make payment of cash for park development fees or construct recreational or park Improvements, or require dedication of additional park land, as hereinafter provided, for park purposes to meet the park and recreational needs as a condition of the planing process, just as land for streets, alleys, utility easements and other improvements directly attributable to the development of a new residential neighborhood Are dedicated The City shall have the right, In its sole discretion, to require a combination of park land dedication and/or payment of cash in lieu thereof, and/or payment of ash for park development fees and/or construction of recreational and park improvements In lieu thereof No final plat for any property zoned single family or multifamily shall be approved unless such plat provides for a dedication, fees, costs and/or park And recreational improvements acceptable to City (c) Where a substantial private park and recreational area is provided in a proposed subdivision and such area Is to be privately owned and maintained by the future residents of the subdivision, partial credit may be given to the Developer/Owner not to exceed 506/t against the requirement of land dedication or payment of fees in lieu thereof (but not In satisfaction of park development fees) if the City finds that it is in the public interest to do so and that all the following standards are met: r I That yards, court arcas, setbacks and other open Areas required to be maintained by the zoning and subdivision rules and regulations ordinances shall not be included In the computation of such private open space, 2 That the private ownership and maintenance of the open space is adequately prodded for by recorded agreement, covenants or restrictions, 3 That the use of the private open space Is restricted for park and recreation purposes j r by recorded covenant, whlch runs with the land in favor or future owners of the • propel iy and which cannot be defeated or eliminated without the written consent of j the City or its successors; 4. That the proposed private open space Is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as site, shape, PAGE 3 ~ 10 32x A MAX" 0 I ~/~tr9S i i topography, geology, access and location; 5. That facilities proposed for the private open space are in substantial accordance with , the provisions of the Comprehensive Plan, Perks and Recreation Plan and other adopted plans of City; and 6. That the private open space for which credit is given Is a minimum of two (2) acres and provides a minimum of fair (4) of the local park elements listed below, or a combination of such and other recreational Improvements that will meet the specific recreation park needs of the future residents of the AMC Cdteda Ll edit Acr4S Children's play apparatus area SO • .75 Landscape park-like and quiet areas 50.1.00 Family picnic area 25. .75 Game court area 25. .50 Turf playtkld 1.00.3.00 Swimming pool (42' X 15) (with adjacent dock and lawn areas] .25. .50 Recreation center building .1 S • .23 Recreation community gardening AS- 25 Before credit is given, the City shall make written findings that the above standards are met. (d) Should a submitted subdivision development be located within a previous preliminary or final plat In which park dedication requirements have been met and the submitted plat does not increase the overall population density, then additional park dedication requirements) will be waived However, if the submitted subdivision plat reflects an Increased population density, then additional park dedication requirements will be in effect on the difference in A the number ofdwellings 0 (e) The City shall use park development fees to cover the cost of all Improvements, including strMs, water, sewer and storm drainage directly related to the park sites This Includes the cost of landscaping and other improvements within the park However, a developer may offer to construct park improvements and dedicate these to the City, rather than pay park development fees, prodded that the City accepts such ofTer and reviews and approves In writing the design and proposed construction methods for such facilities ♦ • • (Q Any developer, Irrespective of the size of the proposed development, who desires (1) to pay r' a fee or construct public park Improvements in lieu of the dedication of park land; or (2) to dedicate park land in lieu of the payment of fees In lieu thereof or In lieu of payment of park development fees; or (3) construct public park improvements in lieu of paying development fees, may make such proposal to the City Council who they agree to accept the proposal in PAOI8 4 1 Nd~/ UIL~Y D+wruc~lwrM 4+e1wY/W1 „ 10 32X 10 0 I substitution of the Park and Recreation Department recommendation or in substitution of some portion thereof Sec. 22.36, LAND DEDICATION (a) Any required conveyance of land from any proposed subdivision residential development shall be keyed to the density of the population to be served within the neighborhood (b) The standard for public park space shall be 2 S Acres of park land per 1,000 population. For each submitted preliminaryl4nal plat of a residential subdivision, the following formula shall apply for the calculation of park land needs 2.5 Acres x (No. of Units) x ( V1SVCW - Acres to be dedicated 1,000 population The number of persons per unit shall be based on both current U S. Census information and data compiled by the City and shall be reviewed and adjusted as necessary. The following figures represent the average number of persons per unit by current density categories, and shall be used to calculate park land dedications 1, Single Family Detached) Duplex 2 8 PersonWnit 2, Muiti-Family 1.8 PersonsfUnit (c) Where a subdivision plat is submitted indicating multi-family residential development and information is not provided concerning the number of dwelling units, the City shall assume the highest density allowed to be applied to the property by which to determine projected population In order to determine park dedication policy requirements (d) All determinations of required land dedication shall be based upon review of all pretimtnary plats submitted through the City of Denton Department of Planning and Development to the Parks and Recreation Department. Should the Parks and Recreation Department determine that approval of the proposed development requires it dedication of park land on the subject • subdivision plat because fees or the construction of park and recreation improvements are not feasible, then the Developer/Owner shall provide such dedication on the revised preliminary plat and final plat in the location required by the Park's and Recreation Department in order for the Anal plat to be approved and fited in the County plat records. (c) The land required to be dedicated or conveyed may be located inside or outside the • subdivision development so long as the land Is located within one-half (ill) to one (I) mile of the periphery of the development so as to serve or benefit the residents of such subdivision (f) In subdivisions which are final platted in two or more phases, the required park land dedication, pursuant to this ordinance, must be provided in each phase of the plat with one PAGE S Nd4'u R; it nawwwu.K. ~ r,a 4MMrrM1 2 r WAN" 0 X171 ~ exception. A developer may reserve park land dedication for subsequent phases of the subdivision by paying into a City escrow fund (the form and provisions of the escrow agreement shall be approved by the City Attomey and City Engineer), a dollar amount equal to cash in lieu of dedication. The escrow Rinds must be paid to the City pior to the filing of the first phase final plat and shall be maintained in the escrow fund pending the planing of the project phase that contains the required park land dedication site Escrow funds will be returned to the developer, without interest, upon the filing of the final plat for each subsequent phase that contains the required park land dedication, In addition, the developer shall dedicate a reversionary public access easement on the final plat of the initial phase(s) where necessary to provide effective public access, maintenance and use of any park land to be dedicated. (g) if a replat Is filed, the dedication requirements shall be controlled by the policy In effect at the time of original platting, except that additional land dedication (or fee in lieu of) shall be required if the actual density of structures constructed on the property is greater than the former assumed density. Sec. 22.37. PAYMENT OF FEES IN LIEU OF PARK LAND DEDICATION (a) If the calculation for required park land within the proposed subdivision development results in loss than five (S) acres and does not meet criteria as per §2240(e), the Parks and Recreation Department may recommend that a fee In lieu of park land dedication be required (b) All fees received shall be used for the acquisition, development and/or construction of Improvements to a new public park, or development or construction of improvements to existing park land, within one-half (1/2) mile of the periphery of the proposed subdivision development however, if (1) such acquisition opportunities are not available, or [2) existing park land is already developed or improved, within one-half (112) mile of the proposed subdivision development, then areas within one (1) mile of the periphery of the proposed subdivision development may be considered for the acquisition, development and/or construction of Improvements to a new park or development and/or construction of ' improvements to existing park land within such periphery. (c) The amount of the fee In lieu of park land dedicatlon When a fee is required to be paid In lieu of park land dedication, the amount of the fee shall be based upon the average estimated falr market value per acre of the land being subdivided or the value of the land which would otherwise be required to be dedicated according to 122.36(b) and, if applicable, less a credit for the value of the land actually dedicated for park land recreational purposes. The fair market value shall be as determined by the Parks and Recreation Department at the time of preliminary plat approval If the Developenowner objects to the fair market value determination, the Developer/Owner, at his own expense, may obtain in appraisal of the property by a State of Texas certified real estate appraiser, mutually agreed upon by the City and the Developer/Owner, which appraisal will be considered by the City in determining fair market value All costs required to obtain such appraisal shall be borne by the PAGE 6 1 /aM M t0. tY Uwa11i i l iw1~ •J In~hhu RU R • ~C~ 32x O 3 +/7Jsf Developer/Owner, (d) All fee payments made in accordance with this policy shall be prorated on a per dwelling unit charge based on the value orthe land as established In subsection (c) above times the number of dwelling units In the phase of the preliminary plat submitted for final plat approval. (e) Fees established at the time of preliminary plat submittal shall apply to subsequent Final plats submitted on any or all portions thereof for a period of two years from the date of preliminary plat approval by the Planning and Zoning Commission. Subsequent Final plat submittal after such two year period shall be reassessed new fee values per dwelling unit as per current appraised value of unplatted subdivision land at time of Final plat submittal (1) All required fees shall be paid and received before release of the final plat on any or all portions of the subdivision thereof by the City for filing in the County plat records Sec. 22.35. PAYMENT OF PARK DEVELOPMENT FEES (a) Park Development Fees for any proposed subdivision residential development shall be keyed to the number of dwelling units to be served within the neighborhood (b) The standard for Park Development Fees for a typical five (S) acres neighborhood park Is $205,000 divided by 714 dwelling units if single family subdivision or and 1,111 dwelling units if multifamily subdivision. For each submitted preliminarylfinal plat for subdivision development, the following formula shall apply for calculation of park development fees 1 Single Family. $291 x (No, of Units) - S 2 hlulti•Family, $187 x (No, of Units) - $ _ (c) Where a subdivision plat is submitted Indicating multi-family resider;ial development and information Is not provided conceming the number of dwelling units, the City shall assume • the highest density allowed to be applied to the property by which to determine projected number of units in order to determine park development fees requirements (d) All determinations of number of dwellings shall be based upon review of all preliminary plats submitted through the city of Denton Department of Planning and Development to the Parks and Recreation Department • (c) Park Development Fees revenues may be expended inside or outside the subdivision • development so long as the park site being Improved is located within one-half (112) to t one (1) mile of the periphery of she development so as to serve or benefit the residents of such subdivision. The criteria for selection of the park site for Improvements shall be the / same as set forth in §22.31(b) i PAGE 7 / NMy i'M OW nw.~wli lM1r.w r4 A r* We lJ K //y 32X10 0 I (f) In subdivisions which are final planed in two or more phases, the required park development fees, pursuant to this ordinance, must be paid prior to the riling of the final plat for each phase of the development in the County plat records. (g) If a replat Is filed, the park development fees shall be controlled by the policy in effect at the time of original platting, except that additional fees shall be required if the actual number of dwellings to be constructed in the subdivision Is greater than the former assumed dwelling number, (h) Park Development Fees established at the time of preliminary plat submittal shall apply to subsequent Final plats submitted on any or all portions thereof for a period of two years from the date of preliminary plat approval by the Planning and Zoning Commission. Subsequent Final Plat submittal alter such two year period shall be reassessed new fees per dwelling unit based on the fee per dwelling unit In effect at time of Final Plat submittal. 0) The standard costs for development of a neighborhood park as set forth In §22.38(b) shall be readjusted annually on the basis of the proportion that the then current United States Consumer Price Index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as compiled by the U S Department of Labor, Bureau of Labor Statistics bean to the applicable Index at the adoption of this ordinance, unless the City Council by ordinance amends §22.38(b) Sec. 22.39. SPECIAL FUND, RIGffT TO REFUND (a) There is hereby established a special fund for the deposit of all sums paid (1) In lieu of land dedication, (2) for park development fees under this article, which fLnd shall be known as the park land dedication fun 1, (b) All fees received must be expended within ten (10) yeah from date of recelpt if such fees are not expended, the Developer/Owner shall be entitled to a refund of the pdnclpal M : deposited by the Developer/Owner in such fund and the City shall retain t4 Interest earned on such principal. The Developer/Owner must request such refund In writing within ninety (90) days of entitlement or such right shall be waived (c) Where fee in lieu or dedication of park land Is applied to privately developed recreational facilities, refer to § 22-35(e) (d) Interest earned on accumulated park fees and fees deslguated for a specific subdivision development shall be used for additional acquisition and/or as per guidelines set forth In • §22.37(b) PAGE 8 ~ Nd11/N~I. n, ner«nrfw~t.~ Ime,1.a P16R 25 x 10 32x~❑ 1 0 r • to ILMpSYM , r 11 '7 19s Sec. 2240. SITE SELECTION/CHARACTERISTICS OF PARK (a) In selecting a site for a park, the City shall avoid an accumulation of unrelated parcels of ' land or an accumulation of land unsuitable for park purposes (b) Parks shall be selected on the basis of obtaining natural, parklike settings where available and shall consist of diverse topography and open space suitable for the development of recreational facilities. (c) Neighborhood park size should be it minimum of five (5) acres and obtained as one complete parcel If a development parcel cannot provide the minimum five (5) acre parcel or a smaller parcel which can potentially be contiguous to existing or future park parcels, then a fee in lieu of park land or a combination of fee and park land dedication shall be required at the discretion of the Parks and Recreation Department, (d) Park sites sha11 be located, whenever possible, adjacent to and contiguous with school sites and other public or non-profit agency sites in order to make maximum use of common facilities and grounds. (e) Careful consideration shall be given to the need for development of linear parks around natural drainage and wooded areas, which provide potential recreational uses. Criteria for floodplain areas (based upon 100 year storm) usage is as follows I Floodplain and natural drainage areas shall generally not exceed seventy five (15%) percent of the total park site 2, At least filly (500/#) percent of required dedicated park land shall have slopes in range of 2-5%, well drained, and suitable for active use development 3. Floodplain acreage may be dedicated at a ratio of three to one (3 1) in acres In lieu of non-floodpWri property Any consideration of additior ,d 0oodplain acreage shall be as agreed upon between the Parks and Recreation Department and the Developer/Owner. (f) Proposed park land boundaries shalt provide street frontage for readily accessible entry into the park area by the public and water, sanitary sewer and electric improvements shall be readily available to the park from an adjacent street right-of-way or public utility easement. If the constriction of said improvements should be delayed because of phasing of r subdivision development, the Developer/Owner shall escrow sufficient funds In behalf of + the City, the form and provisions of such escrow agreement shall be approved by the City Attorney and the City Engineer, to cover the cost of such construction as determined by the City Engi nee, (g) Prior to dedication of land, the Developer/Owner shall make full disclosure of the presence PAGE 4 r ..rplu~w o.ww.la*o.~.r.~ Pat 251.10 32XId 0 rJ~lss of any hazardous substances and'or underground storage tanks (U.S.Vs) of which the r Developer/Owner has knowledge. The City, at its discretion, may proceed to conduct such initial environmental tests and surveys on the land, as it may deem appropriate, and the Developer/Owner shall grant to the City and Its agents and employees such reasonable access to the land as is necessary to conduct such surveys and tests. (h) If the results of such surveys and tests indicate a reasonable possibility of environmental contamination or the presence of U.S.T.'s, the City may require further survey and tests to be performed at the Developer/Owner's expense as the City may deem necessary prior to its acceptance of the dedication, or in the alternative, the DeveloperiOwner may be required to identify alternative property or pay the fees in lieu of such park land dedication. (i) The park site shall be free of trash and debris and if the dedicated park land's natural condition is disturbed during construction of subdivision improvements then Developer/Owner shall be responsible for returning the dedicated land to its natural condition prior to or at the time of final plat filing and the public improvements to be constructed per the applicable subdivision plat will not be accepted by the City until such time that the above conditions have been met. Sec 2241, INSTALLATION OF PARK IMPROVEMENTS Installation of park improvements by the City generally will occur when there is. L A minimum population of 1,000 or, at the City's discretion, a minimum fifty (M) percent build out within the development, and 1 Availability of funds for such improvement, and 3. Appropriation of maintenance funds for ongoing maintenance operations. Sec 22-42 MCISION MAKING: APPEALS a Unless otherwise provided herein, an action by the City in determining comptiance with the terms • of this article refers to a determination by the Park's and Recreation Department Any determination by the Park's and Recreation Department may be appealed to the City Council for a final decision. The City Council will not review the appeal of any determination by the park's and recreation department without first obtaining the recommendation of the Planning and Zoning Commission. No final plat shall be approved by the Planning and Zoning Commission which varies the terms of this article or which does not comply with the park's and recreation department's recommendation without such variance or overruling of the park's and recreation department jV rec ommendation being approved by the City CouncilbIiC?ION 11 That any person violating any provision of this ordinance shall, upon ~ conviction, be fined a sum not exceeding $2000.00. Each day that a protision of this ordinance is violated shall constitute a separate and distinct offense. PAGE 10 1 ",Jy.tM 7 r~ 32x O • SECTION III. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such validity. SECTION lV. That save and except as amended hereby, all the provisions, wt'tons, subsections, paragraphs, sentences, clauses, and phrases of Chapter 22 of the Code of Ordinances shall remain In full force and effect. SECTION _V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1998, JACK MILLER, MAYOR ATTEST. JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM. • I]FRBERT L, PROUTY, CITY ATTORNEY i BY, DRAFT PAOE 11 I Md4 LA.4 M.r~aOi~wee.~.l+~.Mwl WI 2610 32.X10 0 I Attachment 3 Parks ani Recreation Board DRAFT November 11, 1097 Senior Center Members present; Annie Burroughs, Dalton Gregory, Don Edwards, Tom Rees, and Willie Hudspeth. Staffpresemt; Ed Rodney, Bob Tickner, Janet Simpson and Janie McLeod. Chairman Annle Burroughs called the meeting to order at 6:03 p.m. Awards and Recognitions. Rodney announced that the Parks and Recreetion Department received two awards at the Texas Recreation and Parks Society Conference. The D,M.A.O.t.N.E. Program was awarded "Most Innovative Program", and Susan Stone, a volunteer at the Martin Luther King Center, was awarded as the "Volunteer Advocate of the Year". The two swards will be submitted to the state annual conference to be held in March 1998. Approval of the Minutes. The minutes of the October 20, 1997, meeting was approved as distributed by a motion made by Reece and seconded by Edwards. ACTION ITEM Park Land Dedication Ordinance. Rodney reminded the Board the first draft of the ordinance was presented to the Board on October 166. Rodney reviewed the changes that were made to reflect the Board's concerns and the changes made by the City's Legal Department. The changes made in the Summary are; collected fen must be spent in 10 years rather than S yon; developer may claim principal rather than interest alter 10 years instead of $ years; park tones have been deleted; funds must be spent within d, mile (but no more than one mile) from the subdivision for acquisition &Wor development; standards were established for credit rot private open space; and fines for violating any provision of the ordinance. Rodney said the Board will need to approve the policy, forward it to the Planning sad Zoning Commission's for their review, and finally on to City Council for their review and approval on I II W8. Burroughs asked if a commercial land dedication has been considered. Rodney replied that it is we for cities to have a commercial land dedication. Gregory asked the difference in about land to be dedicated roust be located within one mile of the periphery of the development (Sec. 22.36 E.) verses Payment of Fees In Lieu 0 r • of Park Land De7iation (Sec. 22.37 B). Rodney said a provision Is needed for the required land within V: mile service radius of the development. u Page 18 0 32 X e 0 l Iraqi" Parks and Recreation Board Meeting November 17,1997 Page 2 Hodney discussed the formula for calculating the amount of hand to be dedicated. Gregory expressed COMM that park development costs were not a part of the proposed fees, and he suggested changing the formula to include all development costa of the park. Rodney said be could work on a revised formula to include all development costs involved with park dedication, should the Board so desire Reece stated that he did not support the mandatory laird dedication and that 85% of the people he has spoken with were not In favor of the policy. Reece continued to say that the ordinance would deter new builders and homeowners and would place a financial burden on the Parks and Recreation Department. Reece then abstained from voting on the policy and tendered his resignation to the Board. Reece stated that he did not want to be connected to the issue, and due to personal commitments, be bad to resign from the Board. The other Board members said they did not share his opinion not heard the same comments from citizens. Rodney said the ordinance would not be a financial burden to the department. ACTION: Gregory moved for approval of the dnfl with adjustment of the fee calculation to include full cost of acquisition and development. Edwards seconded the motion. The motion passed with one abstained. Gregory asked if land dedication would apply to a development for which platting had already been initiated. Rodney said if the plat is on the books before the policy is passed, then no dedication would be required. Hudspeth arrived at meeting, DIRECTOR'S REPORT -14 Council Report on Youth Sports, Rodney reviewed City Council's directed the staff that the youth sports groups were not to have overlapping of games during April; no games allowed to start after 8:00 p.m. Ott school nights for children tinder 10 years of age; and A the sports associations were to be instructed to resolve these issues themselves. The associations meet with staff and a new agreement was formed. The representatives said that they Intended to address City Council directly with any concerns regarding the new schedules. ill Friday Night Live, Rodney said the current operator is doing a good job and the program ` f is steadily growing, Burroughs asked if the same people were thinning the program as last year, Rodney responded that they were the same, page 19 i ~~~Y10 32XIO 0 Agenda No. "004 Agenda Its Date AGENDA INFORMATION SHEET AGENDA DATE: January 13,1998 DEPARTMENT: Utilities ACAI: Howard Martin, 349.8232 SUBJECT- Receive a report, hold a discussion, and give staff direction regarding operational issues associated with Ray Roberts Lake. BACKGROUND -Constructed by the U.S. Army Corps of Engineers (Corps) and the Cities of Denton and Dallas (Cities), Ray Roberts Lake (Lake) provides raw water for the Cities' drinking water supplies. However, as part of the contractual arrangement for building the reservoir, the Cities were also required to include recreation facilities for the Lake. These facilities include two traditional parks (isle du Bois and Johnson Branch) and five access feints (boat ramps/picnic siteslrestrooms) located around the perimeter of the Lake. In addition to these traditional facilities, an innovative plan for a Greenbelt condor was incorporated. Consisting of a hiking, biking, and equestrian trail, the Greenbelt connects Ray Roberts Lake and Lake Lewisville along the Elm Fork of the Trinity River. Throughout the dis.ussions, construction, and development of the Lake and its recreation facilities, all three parties involved (the Ct rps, the Cities, and the Texas Parks and Wildlife Department (TPWD)) understood that the parks - including the Greenbelt • would be operated from the revenues generated from the traditional parks at the Lake. The Corps leased the facilities to the Cities for operation and maintenance for the next fifty years. The Cities then leased the facilities to the TPWD at no charge, The only requirement was that TPWD use revenues from the traditional facilities to operate and maintain not only those facilities but the Greenbelt as well. Since the opening of the first park, Isle du Bois, in the Spring of 1993, the TPWD has operated the recreation facilities under a lease agreement with the Cities, collecting fees for entering the parks, camping at the parks, and using the boat ramps at the parks. However, the TPWD initially refused to operate the Greenbelt, despite their original agreement, until only recently. (See the Cities' Starch 1997 letter and the TPWD November 1997 letter, attached.) Though TPWD will apparently operate the Greenbelt when it opens in April 1996, certain aspects of the lease from the Cities to TPWD have become a concern, The lease does not provide the Cities any revenue generated from the park facilities. Revenues al the Lake are increasing and at percentage of the profit should be used to repay the Cities for 01 26 10 32X s o M ' j i their investment. Staff has conducted an in-house study of the costs and benefits of the parks and also hired an outside consultant to study the revenue potential of the lake. (The results of these studies will be brought back to City Council at the February HP Work Session.) Both studies confirm that the Lake generates a steady profit for the operators. In addition to entrance and camping fees, the TPWD is negotiating contracts for development on Ray Roberts. The COE directly leased the property where the marina at Sanger is located to the TPWD. The TPWD, in turn, contracted with a concessionaire (,)ivate developer) to develop the Lake Ray Roberts Marina. The Marina has 400 slips, half of which are already leased, with a contract option to build 200 more for a total of 600 slips. The TPWD receives a percentage of the Marina's revenues (sliding scale percentage beginning with 2% of gross until the marina reaches $400,000 at which point the TP WD's share is capped at 5% of gross). The TPWD is currently negotiating a second concessionaire's contract with Mr. Larry Lakes to develop the Lantana Lodge at the Jordan Access Area. The Lodge will have at least 30 rooms, a swimming pool, a restaurant, a pavilion, playground, conference rooms, and separate cabins. This contract permits Mr. Lakes to add a marina facility. The TPWD will receive a percentage of Air. Lakes' revenues (1.5% of gross lodging revenue, 2%of gross restaurant revenue, and 3% of gross revenue from all other concessions (boat rentals, ete.)).Attached is a draft contingent agreement between Larry Lakes and the Cities, assuring Mr. Lakes that irthe Cities terminate the TPWD lease, they will honor his lease with the TPWD and step in as the TPWD for the purposes of the lease. Of course, Ray Roberts Lake is primarily the Cities' water supply. Maintaining the water quality is crucial. Under the current TPWD lease, however, the Cities have minimal authority to approve or disapprove of development on the leased lands and no authority with respect to recreation uses. This will became more and more or & problem as visitation and development at the Lake increases. Staff has drafted a response to TPWD's letter. This draft, now being reviewed by staff at the City of Dallas, acknowledges the TPWD's offer to operate the Greenbelt but points out two unresolved issues. The draft asks the TPWD to renegotiate the lease between the Cities and the TPWD to include revenue sharing and also to grant the Cities authority in lake development and recreation-use decisions. ' hinally, staff recommends conducting an impact study from which a Master Plan can be developed for Ray Roberts Lake. A Master Plan can provide a baseline from which to make development decisions. (How many marinas/boat slips can the fake support? Should the surface area be zoned for different types of use Oct skis, etc.)? What type of development should be permitted on the shoreline? How will sarety concerns be addressed?) The city or Dallas has recently completed a similar study for Lake Ray Hubbard and is willing to share the costs of such a study for take Ray Roberts. O • The Cities' authority to address development issues and share in the revenues generated by facilities they fund should be included in the sublease between the Cities and the TPWD, If the 7PNVD is unwilling to renegotiate the contract to accommodate the Cities, staff recommends 4? ; M 10 32XIO 1 the City Council should consider terminating the TPWD lease and assuming operational responsibilities for all the park facilities, including the Greenbelt. There is a two-year notice provision from the date of termination before the Cities can assume the parks. This will give the Cities an opportunity to finalize an operation and maintenance plan for " the parks. ESTIMATED SCHEDULE OF PROJECT: - Attached. PRIOR ACTIONIREVIEW: - Public Utility Board review ongoing. FISCAL INFORMATION: - Detailed information to be presented at Februay le Work ! Session. Respectfully submitted: e its Jude Smith f Environmental Compliance Manager Aluchment #1: Overheads of Presentation Attachment #2: Cities of Denton and Dallas March 25, 1997, Letter to TPWD Attachment #3: TPWD November 26,1997, Letter to Cities Attachment 44: Contingent Agreement with Larry Lakes Attachment 45: Draft Contract Between TPWD and Larry Lakes Attachment #6: Project Timeline Attachment #7: Maps of Ray Roberts and the Greenbelt r, • 03 I 25 x 10 32XICi Samoa o . I ,mew. Ray Roberts Recreational Facilities J S M h" l ggqy~+pj• 1 30,000 Acre Lake 18,000 Acres of Parks, Park Land, and Protected Wildlife Management Areas Two Recreation Parks ( Beaches, Picnic Sites and Playgrounds, Tent and RV Campsites, Bathroom/Shower Facilities, o Hiking/Biking Trails, Boat Ramps, Concession Stands) Isle Du Bois (1,397 acres) Johnson Branch (1,514 acres) Five Access Areas (Boat Ramps and/or Restrooms and Picnic Areas; Lantana Lodge planned at Jordan Access Area) Waterfowl Sanctuary • Wetlands Management Area 2xIC: 32 x~C~ Greenbelt r Complete April 1998 Located between the dam and US 380 along the Elm Fork of the Trinity River About nine miles of hiking and biking trails k Three canoe launch areas 1 Equestrian trail from FM 428 to Jordan Unit 1 i - - 25 M O 32XIO Ray Roberts operational Issues TPWD operates the parks at the Lake for the Cities. r! Though TPWD has not yet signed a contract, they have " agreed to operate the Greenbelt. f' The Cities responded to TPWD, raising two issues of concern, a - 2,50,10 32JO MOM" I~ kVAXM Issue 1: Revenue Sharing i i Lake Ray Roberts park facilities generate a profit for TPWD. The Cities financed the facilities through their water rates and should receive a portion of the revenues. i The Cities of Denton and Dallas asked TPWD to renegotiate the lease to include revenue sharing, ~,K10 32XIO o , Revenue Sharing, cont. `+IT'.. ,5 1 4 Y.rSEL'h'JM,.;{'n„"I, f , rv. .!Y •JC\0'. Lantana Lodge Break ground June 1998 i Complete December 1998 no Open January 1999 Lodge, cabins, conference rooms, beach area, nature trail it Possible Marina Business Plan/Revenue Study 25~1p 3?.x i Issue 2n, Water Quality . wA% The Lake is foremost a crucial water supply for the Cities of Denton and Dallas. .o A lake can only support so much recreational activity and development before water quality becomes a major • concern. ' The Cities asked TPWD to renegotiate the lease, giving the Cities approval authority for development, 2 5Kfq 32XIO o a Water Quality, cont. a {~'s' lyyyyy.~}yyFC~a,,Ylr~~`.iS^Fi~mTIS~;~4R, i V7u~FA~T.l~!'~ ` Staff proposes the Cities conduct an impact study and develop a Master Plan for Ray Roberts. o Use the study as a baseline for recreation and development decisions. 1 Marinas F. Boat traffic Surface (safety concerns) and shoreline zoning Effluent concerns 25X 1 32 X I O I~ o Synopsis 1. The park facilities associated with Ray Roberts Lake are financed by the Cities of Denton and Dallas, k.= TPWD currently operates the facilities for profit at no 1 cost to the Cities. • TPWD agreed to operate the Greenbelt at no cost to the Cities. an ` m The Cities do not receive a percentage of the revenues generated by the recreational facilities. 25X, 1 32xla • o Synopsis, cont. The Cities recognize the need to protect the water quality of the Lake, r Under the current lease to TPWD, the Cities have minimum control over development and recreation use decisions. z The Cities' staff believe that an impact study and Master Plan of the lake is necessary for decision making j• purposes. 25 K 10 32XIL.7 • Recommendations The Cities response to TPWD requests that the lease be renegotiated to include: M Revenue Sharing t Development Approval Authority Should TPWD refuse, staff recommends City Council seriously consider terminating the TPWD lease. 01 10 32XI ~I 4 f r t I i Future Issues I A January 20 Meeting: Consider approval of Contingent Agreement with Larry Lakes .a sx February 10 Workshop: Receive a report on the revenue potential of Ray Roberts • Lake 25 x 1 3?x1d • CnR Ply VL fir/ WY of DEN1'ON, T1XA8 MUNICIPAL SUIL DINO O 2 f S E. MCKINNEV # DENr0N, rExAS, r20 t (81 r► 566.8200 0 DFW MEfP0134 +319 Andrew Sansom Executive Diro:tor Texas Parks arxi Wildlife Department 4200 Smith School Road Austin, Texas 78744 25 March 1997 VIA REGISTERED MAIL RE: OPERATION AND MAWTENANCE OF LAKE RAY ROBERTS AAb THE GREENBELT Dear Mr. Sansom, To date, neither the City of Denton nnr the City of Dallas has received any written reassurance from you or anyone else from the Texas Parks and Wildlife Department (TPWD) regarding operation and maintenance of the Greenbelt. At our meeting with you in December 1996, you agreed to operate and maintain the Greenbelt. You also agreed to commit your agreement to writing, pending Commission approval. We have not received any such writttn assurances. Given that the Greenbelt Is scheduled to open in March of next year, it Is imper. Live from a budgeting standpoint that the Cities know what your operations j will include. Please forward a written statement that TPWD will, pending Commission approval, operate and maintain the Greenbelt at no additional cost to the Cities. The Denion City Council passed a Resolution (attached) March 18, 1997, that permits our City Manager, Ted Bentvides, to enter negotiations with the City of Dallas concerning the future operation and maintenaoce of Lake Pay Roterts and the Greenbelt. Because of the uncertainty surrounding operation of the Greenbelt, this Resolution will allow the Cities the ti flexibility to consider other alternatives to TPWD's operating Lake Ray Roberts should 0 TPWD refuse to operate the Greenbelt. If you have any questions or concerns, please call me directly at (817) $66.8230. Sincerely, 1 rr? R,E. Nelson, Executive Director of Utilities 4 XC; +lt* AA4&k If 1or Cx 1+~ a 'D~,cl~s lo' Terr,ac ~ S+atAJSr4, Gk~ ~ a~U~ ism 1(a~~sCatAP! ~t~e CkJ4oreJkQuarrys rvrn" r) 32XIO 75 n WgAm. w a c o-,~)lq7 Y TEXAS PARKS AND WILDLIFE DEPARTMENT 1JO09MITM/CNOOLROA0 • A6MTIM,TCXA$ 11111 A 111.111 1100 COMMIpION[M November 26, 1997 AhDRtw oAN1oM (IACYTIYI Dint COR lit M MASS CHA,OMAN. H woRM Mr, Robert E. Nelson, Executive Director NOLAN RYAN City of Denton UUIiUas AdMAN AATIN A,viN 215 East McKnnoy Denton, ?axis 76201 M MtlT ANO(LO. AR aANI Dear Mr, Nelson: ANN (VILA. JR Of WORT" AA reports indicate the dival%vwt of the Ray Roberts Greenbelt is proceeding on M1altTMURLt10N Uk"I schedule, We are truly excited about the potential of this wonderful outdoor IIAT CLTM(R resource. I know the citizens of North Texas are sagerty awaiting the day they will WtHttA FALLS be able to take advantage of all the recreational opportunities offered by a trail OWI CAAOL9 t10YNON system along this imporlant natural stream corridor. RKMARD IOICK, MtAtM OALuIl Texas Parks and Wildlife Department (TPWD) has long been an active and proud SVSAN NOWAROCMRAN( partner in the development and management of the natural, cultural, and M'ARMt recreational resources of Ray Roberts Lake. I want to assure you that we went to continue our commitment to thN partnership and we will be ready to assume 'e";;~.»iwiRlnl operation of the Greenbelt In spring or early summer of IM, rt warts Our staff is currently developing a plan for the management and operation of the t resources and accompanying Infrastructure. Although I do not have a completed operational plan, I can tell you that our operational capabilities will be limited. The financial reallties of an ever expanding state park system have forced us to re0ocate operational funding again this fiscal year. As a result, the Ray Roberts i lake State Park complex bat a total of three permanent positions and several thousand dollars of seasonal employee funding. i I want to personally thank you for your contributions to our partnership, and this incredible resource. Despite numerous setbacks, TPWD will stand by the commitments we have made to operate the Greenbelt, Naturally, any assistance C w that you can give us would be greaUy appreciated. Sincerely, Andrew Sansom Executive Director AS:BRB.ls d • oc: Honorable Mary Denny Mr. Terrace W, Stewart Mr. Robert L. Cook Mr. John Yarbrough Mr, Russel Flshbeck Mr, Ralph Rayburn 1 Q 25 10 i0 32X 0 I DRAFT CONTINGENT AGREEMENT BETWEEN THE CITIES OF DALLAS AND DENTON, TEXAS AND LARRY R. LAKES CONCERNING POTENTIAL CONCESSION rOR JORDAN UNIT This Agreement is made and entered into as of the day of 1999, by and between the City of Dallas, Texas, a Texas municipal corporation, with its principal office at 1500 Marilla, SEN, Dallas, Dallas County, Texas 75201 (hereinafter referred to as "DALLAS"); the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201 (hereinafter referred to as "DENTON'); and Laity R. Lakes, P.O. Box 741, Mansfield, Texas 76063 (hereinafter referred to as "LAKES'), the parties acting berein individually or by and through their duly authorized officials: WITNESSETH: WHEREAS, DALLAS and DENTON have contracted with the United States of America (hereinafter called the "GOVERNMENT") under Contract Numbers DACW63.60-C-0106 and t DACW63.80-C-0107 to ad:n'..nister project land and water areas for recreation purposes to oper- ate, maintain, and replace lacilities located at Ray Roberts Lake and more fully described in those Contracts (hereinafter referred to as "GOVERNMENT CONTRACTS'); and i WHEREAS, DALLAS and DENTON have entered into that Park Management Contract between Texas Parks and Wildlife Department (hereinafter referred to as "TPWD") dated June 3, 1991, whereby TPWD assumes responsibility for all the operation, maintenance, and replace- ment responsibilities of the Cities under the above-mentioned GOVERNMENT CONTRACTS; and WHEREAS, DALLAS and DENTON are renegotiating the existing Park Management i, Contract with TPWD; and 0 WHEREAS, at the same time, LAKES is negotiating a Concession Contract for the )or- dan Unit with TPWD; and WHEREAS, LAKES desires to ba able to continue any business interest and concession operations at the Jordan Unit without interruption in the event that DALLAS and DENTON can- cel the Park Management Contract with TPWD and assume responsibility for management, op- eration, and replacement of the Ray Roberts Lake Project; and * s WHEREAS, DALLAS and DENfON believe it is In the public interest and of benefit to the Cities to continue to obtain LAKES as concessionaire for the Jordan Unit, in the event they assume the Park Management Contract; NOW, THEREFORE, 17 x10 32X1q hal`~a • DRAFT IN CONSIDERATION of the promises and the covenants herein contained, the parties hereto contract as follows: L ' CONTRACT CONTINGENT This Agreement shall be contingent and shall not be in full force and effect until all of the fol- lowing events or contingencies take place; E i 1. LAKES and TPWD enter into a valid and enforceable Concession Contract for the op- eration of the Ray Roberts Lake Jordan Unit Stale Park, substantially in the form of the terms and conditions In Exhibit "A", which is attached hereto and made a part of this Agreement for all purposes. 2. DALLAS and DENTON terminate the existing Park Management Contract between them and TPWD and enter into a binding Park Management Contract where DALLAS and/or DENTON agree to assume management, operation, maintenance, and replacement re- sponsibilities for all of the designated park areas and access points associated with the Ray Roberts Lake Project. 3. All the parties hereto have executed this Agreement, and, if necessary, the Agreement has { been approved by the United Stales Corps of Engineers (hereinafter referred to as "CORPS'). IL i DALLAS' AND DENTON'S OBLIGATIWS Subject to the above contingencies being fulfilled and for and in consideration of LAKES' agreement to continue as concessionaire, DALLAS and DENTON agree to assume all of the obligations and benefits of TPWD or the State in the Concession Contract with LAKES. Provided, however, nothing in this Agreement or as a result of the assumption of the Concession r Contract shall in any way convey, transfer, effect, or dilute any existing water rights or rights to ilk water which DALLAS and DENTON currently have or may acquire In the future. It being the intent of the Cities that they retain all right, title, and interest in said water rights and rights to water, regardless of any terns in the Concession Contract, including, without limitation, Section { b.B.I. III. t LAKES' OBLIGATIONS i Subject to the above contingencies being fulfilled and for and in consideration of DAL. LAS and DENTON agreeing to assume all obligations of TPWD or the State under the Conces- sion Contract, LAKES agrees to continue as concessionaire and to completely fulfill all the terms and obligations under the Concession Contract. Page 2 18 25 0 32X O i i I DRAFT IV. MUTUAL NEGOTIATION In the event, and only in the event, the Concession Contrrct has been terminal or is no longer in existence at the time and all other contingencies have been fulfilled, inc ding that DALLAS and DENTON have assumed the Park Management Contract from TPWD, DALLAS, DENTON, and LAKES agree to use their best efforts to negotiate a Concession Contract, sub- stantially similar to the attached Exhibit "A", V. LAWS AND REGULATIONS LAKES shall fully comply with all applicable local, state, and federal laws and regula- lions, including, but not limited to Section 13.20 of the Code of Ordinances of DENTON relat• ing to food service establishments, and shall obtain a permit as require for food senice estab- lishments, pay the application fee, and comply with all other applicable requirements of Chapter 13 "Food and Food Service Establishments" of the Code of Ordinances of DENTON. Vl. SUBORDINATE TO CONTRACTS The parties understand and agree that this Agreement is subordinate to and subject to all of the terns and conditions contained in the GOVERNMENT CONTRACTS described above, and is also further subject to any contingencies in the Concession Centract, including, without limitation, LAKES' completion of the additional phases of the Jordan Unit Project as set forth in the Jordan Resort Prospectus between TPWD (State) a.±d LAKES. VII. CONFLICT OF INTEREST No officer or employee of DENTON, nor any member of any DENTON board or com- mission which exercises independent sovereign functions of govemment shall have any financial interest, direct or indirect, in this Agreement or the underlying Concession Contract. VIII. VENUE 1 Venue of any suit or cause of action under this Agreement, or in the event of DALLAS' and DENTON'S assumption of the underlying Concessltm Contract, shall lie exclusively In • Denton County, Texas, regardless of any venue clause hi the Concession Contract to the con- teary. IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be exe- cuted by its duty authorized Mayor, in accordance with the attached ordinance passed by its City Council, and The City of Dallas, Texas has caused this Agreement to be executed by its duly authorized , in accordance with the attached ordinance or resolution Page 3 19 2x10 a2xla I ,,mow . i I I i passed by its City Council, Lang R. Lakes, Individually, has executed this Agreement, and a duly authorized representative of the United States Corps of Engineers h.u approved this Agme• r ment, In accordance with authority granted to him by the federal government. , EXECUTED this the day of1998. CITY OF DENTON, TEXAS UCK MILLER, MAYOR - ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: DRAFT APPROVED AS TO LEGAL FORM; HERBERT L, PROUTY, CITY ATTORNEY u BY; CITY OF DALLAS, TEXAS IKA • RON KIRK, MAYOR ATTEST: CITY SECRETARY • ' , BY; 20 Page 4 x l 32x10 G 0 I APPROVED AS TO LEGAL FORM: CITY ATTORNEY BY: LARRY R, LAKES APPROVED: UNITED STATES CORPS OF ENGINEERS i i BY. i DRAFT LatvafdvrllMlOL,Or Dane+rfaw~{siM •A U7I ud as tN I-e 21 I Page 5 ry NOV-26-1997 13,12 TPWD PL REGION 0 P.02 o s STATE of TVAS PARKS AND WQ,MM DBPA1t7MM MB T AMLY III I A(E% UONCESSIONAME 9TAJ'M rARK y a OOVEitM TM PSAM I~eolm~a.1~149111~1OtJGH ~u ~ • ~ 22 2 x ILA 3200 .W. 0 NOV-26-1997 13112 TPWD PL REGION 8 P,03 TtW STATE Of T£RAS ; ©UU irk KNOW ALL hMN BY THERE PAES6Dt1'S: COLN"ofTRAvm i TWA Cadmo made and eotarad lalb by and boweeo tee Sms of TogA Av ft 61 d1b [vbW by sha 7741, Maodield, Tare ihrra r rW d a. do ~ TANNOMho; ( J Mvio P. a > Wm ae Wdiad In a regneet for PPd• Ha "Aar rdkwd to a Jordan Region Ptuepatua dw Wm BUDMIMU- Mlr W*MREAS, the Pw% and Wi1d11Ar Om d Is an agalLy ofd* Sam of Tapia, aAhoriatd to and dried wbh d>c rarpomib;Jiry of aoqul * ad mawaW% a Ono of p"k pw% fa the am" "*a or a4 the btnevoierd pusycaa Of peampmR see balth, haPPhwiK WWM' ~ ohb MW P+~ ~J OW Asatida ad gavial be provided 61 MW Pbw P~ ad that all vaaa WNW " be atcludad eaooept a * as may be MOVA ry for she oooompud mw of Mid purpm, bdud" acooaw dam of &a p kUc; ad WHF1", the Stele of Tam has am itedf provide rah nommy roci>ida and an'iaa ad da b% tee CanaeaaWMW b euebliee and opaw tee acme at ramoabk raw tinder tee oveviebn ad food2don of do Sul% =3 pursuaso se aid** contained Id Pas pid Vife CadAal SoWw I SW 1991), gad Ww I m a f0to edW tw ab and aamoddxy the aC is Mid Pardee, in onr Adowim of tee m" proetdaa barrio aKpadaed, WvOOM and ages b ad wish each other a follow 8P(7TLON l_ Tenn e[t (a) TWA tnnhaot asap be for and &M4 the *W of time bed on the 11% day d daeambasr 1997, ad andiot to 69 14di day of DamAw 2DI7, hrJ mFo, VwVt a k may be ;r , tersmineoed a hanla proNdd ]Yo rl+M of 1stslewal 4 gaoled teentutder, ~ , (b) Far p<lrlaae of "nPWoa of addldontd h"ftka bd d* + a SAW In the tagtlaet Mr propoal tatarrad to al The Jordan ROM Caeoaealeaaln aQ~L addkiaoal Iavartmd a rdnrerbrwt ~ *A fthm to a raq W to aeeend a wta~d tide olemld OOOhatl COMN*"h 61 Sa11 wiU g ~ ! tll 2 ;3 32 x❑ 0 0 • 1 NOIJ-26-1997 133 13 TPWD PL REGION 8 P.04 ) 3ut4 regaat deWWV dte AM loops, and proposed rinaKW invea qM with t "WO duaiption of the of eTwK d ar mhanaed Acilida OWOr aavioM thoutd be A60314 W to the Puk MM"W in IM State malwita dw Co^o A &A* t w wm of dus ca*vct to ode tef * wW 10 C=Nd as 'P~alc", stiUAW In Da *m Bad~Cooba Counties(, State of T"u follows: CaWbUoda% d"40601 &W $4 gyp, awirmofog pool, reamurvo, dux C~ PhW ~ l my ($0) people, twenty (20) pktoc nine, playv*mck maWkn oa fadlhiet sad carapoading utilities, -pandas days =I times Oro subject to 60 a FVW of the Park titMAW. Arty tdwWm of OP&Idft 4ays and m b requ~teeted in advaaoa All oon*wdon shall be aooordios b 64 Poh Rabats take and StO WilP Ddofinmdace s ~ tot Pmpo* A resort oompia4 )Orlon Ck~ Ray made a pact of this MbW fur dl of April 30, t (~aP«sm) aMtci>•d is Addendum . W AWaaa by 64 nferwalw. (2) Ad ptaa and Wea lesdow room be ptaeppo'tl by do Tom Faris ad WMifc Deput<ase4 The WWI 5tds Army Cape of , tad dte Cities of bdiu and Daatoo bdort dre an of aoeeouction. Conoealocalre"wmptdo sdd ooamucttoa to the foal JWSfadw of the salt, withio 1 S months ew apptovd o Idi Plow and tpOMOV.;oro (3) The entire oort of the oowkwIoe fw these &Witim shall be paid by the Ca mmiotula and tt no cat to •e Stars. (b) 7U State Mwvw dre rW to dowmbw and ooMW the names tad type of m&dw d w and Mvim vM may be sold w%in dw pale by tha CoKasion" Cor&.manee to do following 4udty t h c all rode mad= W tt ttquired. Non -0oaaatltbk wale proAtcte Should oodbcm loth* folio * *Why #Wxi rds: . (a) Noo4u w*lt naW std wkwW ttasmv art not for gala (b) Stocked reeds fftwvl ed9a items ohm& fh inb the Mowig eatpodae: • -Meet aatomet Wavveh a seeds whik ' ' dw park 'provide edaoraiorlrOKpteSt m of pack rteo nva aomnmocaonft or dte w Spec~i° ~ t+~~ o ft 9 p" qvdII evanlt -kltwvm CLW=toigM Pub *am or teided puk activhy (c) Resale MadwNflee Should 11dt the pest's muket and a lomw tMlx. • (d) RetaJe mrohaedde should bM a ttatttrat took the rtfleaa tM 0 • appwsw aadlor e" ifflaw r! of the past. (s) ~ maraheadiee Should be d Ae wow tAby for the price 23 0 ~d tN'N-26-3997 13~ 13 TPWD PL raMjaJ a Y A, 05 IJ~iL~~U' 11a pack awwow a a down Ml! delermiae eu'aab'ahy of Meek mWdmmdbe lbr the lewd 0oaomdm. (a) ltegl !br APP "Al of Milk mwcl6adiae the 6W oweide the q o&y Ada ftWd be &=W in wdtlog b the pail mmW (h) ~ PrAft obwW 'U" eu6oma 000YOulaooe ad wank haov o y espactad lbr w is cernft p1iAddmsor (c) CoooeeSiomha in the ooedud of any raaw bwiaecs governed by doe 19" must w ly .Atli all Teen 96068 LC" and the TOM Wemt W Ad. (d) AU ra til "Wpm" made avaUebk Ax PA WC um aolyd be MW4V`°"cd by Pads MMW' t Aoawi"ty Shall mdntato do maid raw WPOCW to Y rule mad I*dWow meq*W by kw F.l . P (M riding on In ~ ~ moW " mud be flubbed a U S, Cosa Gwtd 4vmvad life*jA (e) Ccm"wooke may mot wwk , p(ovide, of Moulin my Mkb=Crl amusm"m cow-cpw moobw or any addidoewl woeftwodeqoCK &dri or woke mot yselea above without fhta matona &3U applioafoo In writla& b tht State And maft "veal Atom Stets oa Said oppUcadon, Said wdroeo approval"be Macbed io this omttod ate Sbap nd ooXW arty activity, width In r food =rob cc is o btrwbe objataloneble to Sow. °Pie1a1 of Star is orwoary to (a) ne Cmowaoooke Shall mabaato sod opssa a< Coe WOosb+e'e on wK rich, and mperst, ilia maid om mmododaoa, and tsrvioa b much ea," AW in ash , -c , a the Site MAY deem adiAtsory led ne4w6a y for the jueaeo ul oppamn of the 000000000 opataioo. 0 amds ) Ali Coooweionaha too mad p{pp AN* to the public for w mmodrdam, "MCC; or Avn"W or SOW &Wsmdw Shell be $**d to nt&Wm aad Pnor writtaa appvW by d,e MON. A MMION,,4. Lod ae~lml~Y~mt~t • (a) nm 94660 will pieeet aid percek of land hr Um a by the the teem of thb Coettraet, each my be, in iM jud9at/rrf, naoaeaay and voapW Por the operalontt aud"Lad &madw, and gwlewliy 4mmised a M 4M: (1) Tba Seotiow of lend at Ray Robarb Like St.w Pair (lordaa Unit) daaeeAed o0 ♦ )ardan R*wrt Pmopecta - Land Ua Pleas 2 and 3 attached be w vw taoor MdW berela. ♦ • ,1 (2) The fOjv+kg Is a list of p V" ly wj" Ray pA" Ladle Stake pak (lordre Uah) '4► whkh wW nmde uedee the opodim ad mob"Im to*OVAlbft of d a 9keba ,'It A' r 10 32 x e '~ANCk7F 0 ssl«;.y NW-i6-1937 17114 TPWD PL REGION a P.06 u EAW% mak and pwklrtg am (mvad and udpgv4 (b) Edvft dt Wtat srgtem and awodoW kidding (c) one Alkot "Wooing mom (d) Two un1w composures raeanona (e) bat romp and murtayy doff (4 Fee bomb W Solar powered mom& r oft (h) EMUMFNW (i) s equesmao vas U) Boundary t'tsnt4 (k) Smilft SigaW (3) The Ceoon*uW *M be rnpondble for IdW ooaW add ppAA malataoance within SO fbet gaotaod aU Coo w" aaro W0V'0oied aonosgioa fae+'lit w and at Ray Roberto Lake SLOW Paris (JbrdeA Lhkd) Resort Said AftVed tamk and aU bu wkfr gtrvtylms, hnprnvae sM god eq*mmd tbwdn tad thereoa"be opetaled end and mbw by cmmbuh tot the use sred buw& of tke public as a rMeeliorw an to h 1111 1 smishdory to the Stara (b) The Cmemim ire ghgU rm make any alarrseoog, gd&O., a grey Chan" upon the dw~ ' '60'A pwr the farm and am v royal from the Stale of the 1ooW M plgm, cad specmowom cDaW to reasonable bus to APPGndm b be pra OZW by the StOo Sad to be gimUm h pnK*o st sama x p)*o in the MOM, (c) The State shall have do right at any time b gets We any landg ared improyomt* threuadu ht coy Purpcee it may deem regMebly 4e00eay M de won of the Paas, W rk sod doe ovomma t earvkm dm*. M ` M*Mmal ImPmvemymb" at used hmj% tre the buitdbW Thud vo. lbml ' egwpv►eat'b and odw latprovaww" upon tare lands ssgisned drreatlder, oooaauebd of aoqulad by ta. sowrnmark and ptnvlded by the govsrmnw for dw pAWM at dkW Co **at (e) The state hereby PM to "C mtu$6"ke the dsbt to ooar¢ry sod use atx6 r Imprer =wds during lye trm and subject ea tM ooa&u" of d& cmt rlc~ gad subject b the 86501< e "ory woo and epproval of dre Scat. (Q Sold aaetjwsd ltak cad sU MdiW muarrras. nxh+ns, 4»prove4ems, god 1baela cad "M 9M be makoWned end repaired by C*wow onsWm m Cwm mbmue'g ma uM, ►isk. and egtpaegr, b a dwA saniaey, had u h eondid lq aooepdble to shy Scats and to the Tom DVWO"cot of Heald, "Aft d4wieg of grbebe and other reAw st a place and le a mmw sadd6 tosy b the SM* add Cmnoeuionalre asroeg ad aoocpta the twPomitft to www t fbr, and 0 • to be figble at gk tlmet Pot 6=0 to said gae*a 10* and ell build *u *uftes, lmprowmmt% and egldpaognt tbetyia and tbereen; prwMW that, if g lm*nnmd imp ovw is ` dsanwed by agu.lq or othgrwtre to ao eettdt raqutrleg repdr a mhlUfmg, do deg ~u 32X ~xwnc~m~ rCV-4'6-19'07 13314 TPwD PL KGIGN a P.V Coooessieoadte >l~ oot be obUS*d b rq* of tebuiid such 6pwmmw uakm me Suss shat dotamioo met aw+ baDrt+►waat !r seotewry to a tsdsfsquay pabanbta of the Cortosaiooa16, obt0ation taador nlipeotiep 3(6) Of d is Contract; ad in that ovens such darned an "'a end a C*wwj*jWm'e bsavvsman uW. Seedoo S of of amt od*wise set farm is 80066 4(j). -CEM ?N 4 can= Impgmmoaff ' (buildittea, audurr, ~ hopwi m as wed bw* tram fixod bWwAna* vh as p +sAS><ed b at Helios ttpoa tba ' woA rt equiyn l4~tTtiwae eod olhar fdprovweats rerklM! by maCocoa lu at ral 1bw the P ~d 6wwWwa anbxW by d w ft" anti ooo~piC a t1aU and bat of aS m * dw ioeairoy " c C0Q"m~a ga ~ to Sw@ W ltemt %N& am n" sad the iavoim oat of wA di hm w+„ in ~ dint twWa o to do" and pteseot asa or aeb lased hara, and wid lilt sbaii g4Kh b ad boom s Pat of Contract >k the time ai aaeartion d this Coosract My cman iaedne's huprwia"m added agar the e>tw ti. Of tlut eoebaot shall also ba ti*d and thaatbed by Conom wire and furNthed b Stag bemediately Idler AcWbW 4 Cowwdm*e, and slid lim go shad be trundled. trod bewne a peat of mb Comraol. (b) In the ttvtat that a Ceooeaaionake'a tYxad hnpenvamgat b nm0vad, sbaedoned, mod. ■+b+bW*iN deaaryad, ad ao Other imPmoman k om*uatad oo dw silt, the t.",mmmiomim sb4 prompdy upon at regtsat of the Same, reetor+s the tine W nts.rly is poaible to a asour$ oooddon (t) Upon the tamioWO of 16 maid for any cam wberaver, T nut !ales ad WildO Dgwtow shell have the Ift option b pztbw Con mbmlm tawests in ail WVrwoumft at RA Rob6% Lab Sage Pak (krdad Uoh) if the State waves thin opdm the Cono%AmLin IW 5ta0e, provided mat te htArrtat in the imprt+YMMO b a new CoaeusiOh RPvvW by dm (1) Caooasswaairo must Save a W and olemp * womadog d all n dpb said Ww data mPby the Sates and ba paid to the Saw dl tetmt or money due trod wwAd b ma %6 ta~der tk terms d this Cbneraot; led (1) Coaoaidondn hr aeeoanlsed to sii sovemneat owo r adiow in 0 Seatioa S (e)of"Caotrad (d) UPon tamhsadoa of this CO*W Pot my twos whdtoawr, when the Stara OrAws Oslo w agresmeat wish anotbsr Cod,jmdmdm aed h lsaS►"o *M do NO ht the new Caaoraiotadra b Pzdw@ COWWO gate I's bWwemub, but the Ce Qmkoaira ad & p no w s ptt cWm aseaot ague Upon the &k valwdany dam Of items, t wfA vdw dwuof shall be dstam.hld by 6, 0 mt~crity vote of a 001.4 of tbsee WVMWs, taiaehd as lblbm: Safi shall WW ON mam0er of ~ 0 • aua~ board ntd th► ewro m4mbm to usmW shat pled the mhd ma rkv. ra Cenowlao In ~ 27 0, ate, ~r~ 32JO • 0 NOV-26-1997 13115 7PWD R. REGION 8 P•88 imy the wmpaatat. and eirpum of de did member Dad onaba8'of the amovmti so paid Ahab be addW to the Wm mre pros. (ri) to all fadlitias ooattnu by the ConomimW a ebxgiq(, ►v+err, wasgwatet aad toiid waag eoU016M and removal tare the retponib lhy of die moomion amatioa LWWVVAd clearial tetvioe WM be klWied Dad malahined ai the mquoa of tha coeoau>eotiro. [asedl4t6n of unawsm w utu" will require a►cbeoloptal c7earaAOe bdbre Aoil d*wto pe 0.. Pip., j whys, Ppermi% and MY WW ataodsted or requited macula alit of bbm the o UKA with the ewblkbad wirer ayesm shell be at do my be neat w a to to dw Depsrenwl CoWOuedw Aath14 Dail mdwm of Ye ooeapioty,re cold at no oat ssd will mee all ~y ~ WWW ebeduds amnft Able end ordiaod a aodror rigulfty Ada tegw mmts, pwmjts, atteatMM, aid loaf, Ww, (b) Sbm" Any utility Aervioe oot be ttvtt Mk or mlidert, die Cooftsiormh may, with the approvd of the 5tAte Heil wWa vAh rtghAaamwb a: that) be prowled by the Swe, seam the Acme it Coooe>swasht's an acpatw loom tohaV" M*A& *(*e Park or may ,mall the tame withk tM Park sublet to the following *md*m: (l) Wa W A& partlaad during Bhe term of this ooatraot shall be perfeegd In the Dome d tht Sft n* Coooasiomdre tbdl Dot mmnve or obgww any dishes or odw waver q mms i eoned by Comembotire in owaft ion with such wow two whbout Ern obtdn4 wrilm Nvmvol om oho state. (2) AB oo n=6c@doa eyslamA Wa,tted by the ConcessionAire In d e Park shill be 6" of owe to the so* for use dw* emwvnoy sielydom. (3) All ptaoA, WpliAAeas, and muhlawy to be used in oetmeadm with oM privilsla WWed,n this mWoo, u owls u die koWn tad iaspdiadm of Ouch Vpiium tad machinery "U Curt be Apptovtd by Om Stec. y • U4 CoooataioeAin tb.u mai"A VA Aooouh>* raoads as msy be ptaeaibed by die Sate and by the Ofoe of the Stile Author and k bjed to geQersliy acas w Aom tmn6 P iu.+d $kohtds. The Cooomko gm aball MAU d mlmd detailed mpmu to the state of an mm reoeipta Am way murce wbaoever, and fn oueb tom ad st euah times as m*dt d by the sag. ebo MWaW chat, abmk to the 900 NO" Sivbot ado 6lfonnatbo about Conomiloo*e'a busimn And apes idm uodw thin Ceaareot, u mty be pteahribsd by the 9sea, and loth other M" ad daps a may be • E r t*W by the Stott; sad said mpom shall be wbmhW a die Sale is aeh lbtm ad at arh eimea 4 • u teOkM by that case. 1% % ft shill bow d* d& to v** »}t Hach repotte flotm the boob, aorraPottdeooq mamoranda, Aar Oita records d the Coons 6-Ake during do period of the oasltraot tad for loch time tMredOer a rosy be becieaery to tooorapWh arch veri6aadorl. , i 0 i • I - LEC-05-1997 W54 TPWD PL REGION 8 P,01 06 a mandly bull ubnf tad *ith payment, a Sales Report OL%bibh B) will be wbinMW 10 1be park iNuwW eo ]Idea thee dw 20111 day of the mp11h follolvleg dm mouth a wt11 a1 mY addidoaal ropolb deplsed Mtd101ry. bouffm to $10 (a) The CEWA*N NWN 11W ft* std OW Iced i0 the Pry m 11" Sa1d + , said peyalanb to be mods at Ow mftw rrquhsd by dW $W (I) C7otaw404ait0 shell ply b dw Stars 0 ansouat squat to ow rod ms ball (I.5)% of tt rrvamsK two (2)sfi of east rreaurant eeveou, asd (s)% of grow aeon from an otba ooooeasiom. darns ft" m is somlmub n an an aoatW barb bel0ming oo Soo mbar 111 and ending 00 Aught 31St of eedl focal ym except d W *e &W yar doll begin on Dooernba I S,1997. (2) Al kW sixty (60) days plot to the eanivwMy of the aoerrad ekh ywr, Caroemimliv ad state will moat hAO naptissom for the UwAd of sod Caladado0 of 60t&w tires for 61 upwmisg Fa 0In yer. (3) Tbr dladt 1* rr1oroider &W mogptku fiudd o fees shall be aomideed Am* • - MWOM wbo o o&wm omtrat eo 66101merR Mw Taut Farb mad WiMMis Dgwtnlen, f*1l(Ming *Aft eaelyrol red Subnglrmt leooelmle WdM resolve 11th sdjudowA riot j (4) pw P01twO aslou4tr wsGfied 10 Pm1Vtgph (4) of this wadm dball be tubjed to renWdebm by ekber party no tsar y da ewey 12 moody bbsd upon d= W In swvku provldW by dw Ceaorwlaea6r, chm" k peril vilibtioel, and any other rdevad factor relakd b the oa1S of prvvWks wvkes and the daow& for thole mviaa. (b) The Cooowlooabu am fim%M sod use eesh regMm vvhh k" it touts tbd an { sequendslly Nub" 10 ro m/d In Was d eWs 6mdm w mm sarvioa " provided The ash regl w should bsrs s ftk d QlA ty b tsmard major nlu oaslaorils, kgkv iy 01W tax god *0 tool per. 'the asb registry MA NADM lolly Ism in itonLw automer, too* sbov►deg tabl &MOW pusthow, dire and sate of oo0omkn 'r ` (C) Camadoelfrs arm b tw due dUiaetae In the romotim of elk park and wtsoealoe • operatio0 b vidaln ark build part virkWm and to Kovide a Rm&cW bgu& b for ooooffisbulm sled 6e State. state sirs 4 to plow the use of the aoao%aoWm'/ WpvvaA tob &mt4h tat m 1 to vWws at orbs w1y Robrrb LA* gate Pert; & MA dfutrrN" of iefalmmodd it Stdr visitor Cantu% tlntugb pramadm is grate 1111, Sdotd; sad i4 amoral through pWd" pmmodm of tbs st~,iutil'• 1 (d) This Um Para]] rrodpb", as and W614 shell be muWW b Sent do total ar4ouat • rtmivrd or ralited by, or eow*4 b, the Cwoeasiomirs thorn to salsk ibr ash at credit, of 1 swYips, aooammodWom, snalriel, or other nweheediu made petwmt to the pdvog" wlbaiasd 7 it this Cot mx I Trfb ~ I 32X e samr. * NOV-26-1997 13116 TPWD PL REGION 8 P.ie r (e) In cm of dispute as b dw oomputdion of P&Ym*ns b be paid under the d do ~ mciweot Wit ow pvvw m of tube tubmion atd dyer son" ptoviainm, abaft be Bag. (o The -'401 Wm b cooperate WA ommelauke in msimaioint Wo b the Park and io do COMPUt'm of a0 of tba State "ft ioadmt b oPWadon of the paok If the smote btet wtbmity to VM to Ray Itebttu Lake gordrtu Usk), the Seta Will crier aooaaeioodte by provi&n teootmoodedom bard on Ccnoeedoa►re'i Pafarrau<roe far oosemued open w of the aonoaeiondm'e ltiilidet In the perk (a) The ao mdomdit bib inwftaoet in the da7Sa of the fi gWu end to of the marimit b *~ea aPd1e bilge sort Atl rye da cocci b detftpn eiaelemd or devdoped by du wnoeer6Hbv mquirea dye prior wriaea mwda wm of &e oatm Duke. (h) The Wrtie1 admo+AWV and agree that Cooo wkes;js is the ovrom of rho dmigm of due bm'idiat sod awkeoog copy Pr i I under"Atrt=CK etwept that TOM Psrb sod WlldU& Depntmeot owat and MW= atl ProR4WY rW6 b Taco Parks tad WRdlik't POOP "Maud aarplt and fveWt 4M. The Sete htnby grarrtt b Conoeetiootdre dst t ri b utiUre TaxM Paskt and W1'{dlW' em4 Proenm oamm and omfed and fuknw logo in oomodim with any pwmot m WSW to the awketist of *4 Pt owA. The State must ) advett4i~ copy tbte aotutaiai iu g"'v priw tKiata IpPtoVai a any na~fy P Doran a Donal btu C4noettiomh swill Cat acquire any rW4 in Terse Puke and W17dtrBe's Bane, Program Dame aid aarmi sod fiMm 1W except a ptovkw iA dia atreemeld. the vtW d+l3 opP*w ~MPMvtafve of tha acre it tbtmd to Psrddpw to acdvidai 10 bsrmfi~l in Wwm Ca+oeaio *br% tie sub will mike a r makie effod b eEialW" the Bagetiw activity, U) Stave may Prm'+de Rappod bwt wt but trot umibd b; rwervttion tyoom for sw pub. SEMON 9. T z (a) TW oontrsd may be revoked In dw riot due the Coaoaaieastre violaes my of the terms and ounMom of thin eatreot MA oadom sad parsbb in ouch Boo-ompliaooa The • Co Cooms"Wht is c~barged at au dma *M t1,t1 kn**J V of sll the hmhod" and tequiteatob of aaomky for mmdm of dokwdea, cad whh oow ma of raaeookk rsqueeta by the Departraaat Tie CAacmkmim wW be ItoWW of any non compliaoa, which notice Shad W In WrNq of hall be ootA. ad to writing, SMq a mmable period dome in Which b corlod 60 ooaooot Airttca, Failun 16 tadd'toiw* oast say aub*o" or ; m I ii t port. UMVUN oe ww6in the aptoitlad tiara is Nam& AV douse of ill or Pad o(da prerak temporary ~ 0 • • mP&*icn of OF c"IduR a nvoctdm of dye a i I - MR* uodm In wridq of tueh bftt Future tt*x* by dw Cmou iorAlm 10 eurnrd dye oohti r w"W d» p vmiK Mo" Inahoriaed aodvitia, or Murat qw caft ,ball take into con ast;on the co omio elK's put PW&MAM and compumm wilt the ooatract wft 30 3 2 r P • ' o - G NDU-26-1997 37117 TPWD PL REGION B P.11 (b) IA W MW a *4 O*fS of Moo" for ao0400p kaft prevkWy,tined, 8x DWWtoat Wm dbaTrery of *py Mrardow ma&bm widdn dsa Am a OPW to do CAaomkrWm dW presets an imm " fbreat to health aod'a dow to life or "wty, will so oodfy tM C4atoewioaaire ad will riquift flat die a(farted pat at dl of fbe p m miw be doW to die pt4UO cols ouch MM M is oorncetd cad IM dr4w to TM public eiimlowd. U the wo&dm is fat oorrodad fM Depa kmd witl bare d w option to (1) oared the 4W4m COnditi0a and enikd do oat of tapain Got the Conoestiloaaire, or (2) MvQim dw 00ha The Canoaaaioaake,ball 6tm oo claim IN dWWW ROLM do DVwtfifK M MY Am. MOK Cr aeipj w thaeof an women of action tsJcoa putwratt to t6b ooodidon (c) The aaly tarmlltedM a abaadoantaat by the CowudondM wMaA sn wwptabk replawmeat Cm m4 adn *00 Adw a brtirrb Of " woWd h it wa6d by 60 Wdo dot damages fM uking t}om $A wmduaom or Aakmad wi11 be d81oa11 to aaan, and woorsli Wy W" upaa fM folbwing liquidated dam", Aa &mW ywra revM+rw is based ca a t'ivM yea "MV Of 69 a UtW a mvem paid b the Deptto w d dre hdt a if tbao b w "q of my mw paid and dw wnoa wen it now at dw park the avaaat ymes tM wo will be bald oa a Crv♦yaw rmw of aoaaa om revanie paid at a comparable opantioa PRIOR WRrnBN NOT1C8 >N CvQEhMM DAY: LIOMAI12 DAMAfaee 120 .210 w- 90 10?awwL 60 t.~.~ 20 Bl= o _ u Pr~oeot (d) In the event aonosssioaahM dash' to bfaad`r hsmMat Is and goadm of dw hdudee developed by do Cmoasdooeke at dN p&k Sane agrws lo eaw loco go*l Adt6 otgotlwoo tvidl omopecdfn now wooudoiWm. (a) 'farm h& and wumue bep+raneat bat the right cad optioa to wradasls fhb aoaaaa widfout poWky to Texan Pab cad WM& Dapweawo or Arta *pdoa of A" if dte nao omy umb w, not apptoprieatd Of W**iee arc net made available b Taw Parks cad W"& Dvwbwm or if f6 Prohibit Tom Patb cad Wild * Dgfantmm hen ' term at" womm (a) No haam t or a 4mumd by the Ooomsi0oalre of fib cooaatt cc of any pat tllneof or hrfaest do* &vedy at b>dwcdy, wha fsy or bv*kWAy, AM bt made IAUW toe advance *600 approval of the St*. No boner, sham of *4 or abet aMwtca of 6 a1 ararl1 k% or lodabtt Gale took dk stew 0( do Coaosas6Wm l4 dro Park sba0 be broad. Noddog hatokt / 31 r 7c). in 32, h ~ ' o i FOV-26-199'7 M17 TPWD PL REGION a P.12 l':J 1n] 11 caa>i daad aball pohalsit Coma ioonal L fmm hiring oosftdoQ to a& in the operetion of Ray Rob" Lake Sole Pak ("don halt). (b) COnomkofiv. v4& doer owma>t of 6s Dgwuoao, may PW$n tbs alas acrd lamesa of ibis Contract only os coUdael to eeturo fWnc4 for cco*uckcq impmvamtk or r palm. . In IF s7nana 1. rw Conoeriomb. " do all widlin Coooesl.mloe's power, bah Wspeodendy of and u the requad of the Park atllceraa, b prevent axd ouppms FaW t80o, and Ad use COOeeoio"Wo boot Md%YM a the Sod U Coooesirstaht's empb"4 will do Ukewise. 71St CooonosiMWm Shall abo odd m the tomA aed prrinvnion of lives and p,Veaty in emayw4a wMk &a Pak auah as floods and aeardaiaE for mlaing pwom. SEMON 12, (a) The Cmoftsl m teo8aer is Rru*W s pdamM 6A or w eordobv or monopWWo ri> k to p ovW public aecouunodt6w, fadeiss, and ur Acm in the Pak (b) Tom Parks and WUd1iEe i)Vwftw to ommided to the oompletioa of do WwdW de rxdopmeed of all phws at is lewd Complex tier eradiated in the J W imW F.%pa us for dos trrwo for proposals an Ray Rabsras Lake State Perk (b edan UM). (c) Texas Parks and WilWe Dqm m m as m to wavids Comm" In wnh Thirty (JO) days wrkwo ootloe k Wvmos et Is Weedw io low a bregmm Vovock" Ibr fifte publix *kw dn*pmed on 1Ny Rabft Lake St* Puk (d) Noah conkUW la dh seo6m or alowbePo is this watro t Spoil be wos0 W u interfb* mY pMroR of peiraleRe henbfOfe eattsred i* a VwAW by doe Sole on the Iaads ooruprtshr6 doe Park. (a) The CtrnoebioWm shall carry public liebi*. eoapiayee U* ft, floe iaauraaoe &W abet Wurmce ar Is aubmary msoog Vudeot opearsaon of similar bwiaene under compaaAlo 0 chaamstsava, and"in an amount wdsfaactory to du Stott; The Coao"ftAke shall provide m a mbdmum Swo.oW.W I;AM ty. neputtaent policy for firs lnsureoa CQVM& la a COnMllft contmet re&im the optimum of sa mom equal b oiaety P*Md (OW) of the M "PlAmoerd om vwor cutreat value of CooeasioaskV's kwWomsrats. 0) in doe event of Ion, In whole oe to pert, of any buddies, *uok^ famm improvrarmt, of equipmw u asst' be h"W p uad to 66 provislow b&W,, the Canooaloaain 9W apply all 0 0 yrooaeds fold ed bwo leach b waa0! *word ddw (1) la mpkmosa, W*HHWAO% or repek, or (2) the coaslbuction of ay ahw WkIling dru trej flaawn, bopovamod. or pun bm of equlpwauo is dss Sato mart' <riteot it Rey Rohm's Lake State Park (Sordro Ua4 / r, x ..w ) ry In 32 Y Cl ' o rV.-ao-l iyr 1.i~le] 7PWD PL Kcilw s P. 13 (o) In edditioa, policies mwt *=taw the folbwina "W w4or msob! (tit Taxes Pub ad Wildlife Dcaeftem mull be tilted w edditimW innued. (2) The iamraice policy will not be walled or rWuood without thirty (30) days w ft" sodas to to Taxes Parks end Wildl14 Depertete a (d) The Coaoeuiooaim ,hall banish a Joint sad Several flood to suarsabe the wtku Pe doW V" of rformance of their obl4niotn wrier ttte conougaft oorrtrerk in the amoum of S I S I,wo, The atoatbe o[ the he per ace bond actouo! 6 detamiaed by eatimatind die hisbvA three Coaoeuioattre at thUAW e eed S MI TU 'aa ~ -ill be retvraW to the wbracy tslovidtsgl there b no damage to perk property sari no outrbndhie huaw a tees are aic (e) The C4now oualre will be ry p4m to A m dA the depe l um whh a Payment good &a'% eU phases of ooaetructioo. The valare of die bond mull be WA of the estimated cost of oorteaUCkm eud taut be w►mltpd price b cosemeaoemeat of noashuaion wqk. The payateot bond is retiuaed to the Concegionairs Was ad tsaeory oompiedoa of the eomnuedoo project. sECnM (a) The Cancer kodm shall regaeire Coeowknla,e aVloym wbo Dow in diaeot corset with the puW eo 6u as praatable ad if required by the Saes; to wear a unilbrm or bWp by w U& Clay may be kaown and AstiapijW r the eaapbyea ohaid Coaotee'odre, (b) All ooartsaaton tmnployeee mule ieoelve trsiai[• to inchrde ea otiettadon b Terw i!tirb sod WM* DepeA sa4 the gab Park Syeaem% Ray Robeeb Labs Sob Park Comp4K sod am polo% of'10 1 Suob orleotaioa Ad W su45" 10 Parch oorioeedoo employm to to* adsqui* b iequiriee &M the vbi* pubib, 7hieirtd OW AW iooiude autoener wvloy, and a ld& lab or task t wnisoi aeoeeseay to mrirro job pai6rmarra in a mamaer coaetseed wide die prtio i ad praera'+doo of tw ti" end tailaW PMuroes of Ray Roberts Woo tftree Prrk Comp W LWW co"M oat amploy*u should aumptityy Ao ty, oowiderseton and eoaateey is All million with r s (e) The CoeeeNlonaire shed eoe * With the tvquirem8* of all Federal and gents leas and • rVAdkaas, rekft to H WOW Wye,, Sold Saoaaiey, UMMpbyM" U"lgK Oont MOW Halth Act of IM, Wabt's QnapsnsOq and Rgalal Oppo%Vaky Fmpbyuo w Owdim (d) IU Conoaeiona a awe t rAv Owwasionairs's wpbyew b cheery a S&W impardality as to rdw sad aervloae la dl droaabom mod to mktW O*wWy sad eowideretion bt tb+ir • fttw m wkh the publle. • • (a t of dw pkk e° toy raembore otthe Park Migspr'e titmilr, or taeasbere d 1 I 1 33 1) r ti 0 t47J-26-1997 13119 TPWD PL REGIGN B P.14 SPLI.10N IS (a) Operee w trnda this Ceotracl ehtdl be subject Io all Federal Lava ad r p4mice s, q aii rule and t+ oddiaom of die Stage of 1'aw, ad io all City and County omlaem K ardrre, and rep kdoae, wtraela the add Parr is kodK vh& regard b oooetrtntioa4 mameM uamok and permit b do tomes aad IM other taghk and Ca"UWaahe *411 mgIY whh W Wd taws, Mm ttitllatians, orders, sod Wiwows sad shad pay all teas im mW by the FWwal rod the Stet pmm wm and dmk Naodaa and 1 nrbdivW= upoa the propaly or bwbaw of Coootwioosira '['his wet" Is dw eubjed to sp of the ruffs and MA of tbs a* *tm ate Dow in form or as MY haledber be emceed or pronudStI rl, which an to the malQaeosooe or op&wion of the Seta Pane of Tana (b) Th6 o I - C IS ettbor&Aft b and Mrbjeet to A terms sad oondit Am amWrt in die Public Put WA Romesdop Leask Lewes No. DACW634OC-0106 wd AACW6340-00107, CAW of Dallas ad Daaoo and the [!mild Sane of Amwka, and ooodi m tbaeof ad of the lets as door;bW In >;+ctaibit A. (c) Concessbulm is prohibhed Gom pt,Dtidz4 8tdlhla apar w d*omda, err ra wbV service ierotatda, is say mamr tart rtauW dimWy or lodincdy rWW upon of 9mias die sooeptobilhy of ply pat on bemuse of wok oned, oobr, mm try, at aldood origin. (d) Stew M not be taspoosibtrs far damage b ptoppty at Wa b penoos wbidi may mist ~ Sow or be iriddart b tbs tw and oompWm of to see VW ieadk ad sU bW*p, woftg,% fixturek improtieme t end a 4ow tt *Orlin atd eharsoa, aor At dameps w the (:*um wake's b avamaots, or fw Worts to the Pwm d Cmassdoaln, or ex dam to the prapaty or Wur'" to the perom of Ca meuloosire's rdncw% atposy eavallk or employ's, at oian who my be on raid saidoed larder, or soy butldh% etntwkres or hVmvamem thereon, a their lovlteba a the invitation of any of them. (e) Caw abosiro aha11 Wre neeeseaty promubm to prow pereens or proparAy spw laJ,ry or dwAW and Wm it W M be raspmAls for my arch lovy or dawp to pwwu or property and hereby iadatna a sod holde Tom Part and Wildlife Deprsrtow Wmniae for my aid all deima ft damages and dl amm of sodtlde uW* loom say tact Wury, or hares b panooe or pttopaety coated sidle dmwy or iodiraody by eegog m 606M or ombola is of Coooseloesire, hs,peat or Maim is this mom b the "State' AM mm sad include du memben of the Part snd WWW4 Catmtiwktns ise duly appointed F.$"" Dincsor, and all duly sulhoriasd repnet WV" of red C+wrlmiwioq B><eGRlve Ditnelor, led the Part ad Wi4!!iA Departmptt. i (v This Caroad eftwO be chmatd abated or aaroedad atreept by propMy wrbtee iseenrrttset i i ateaded by d prio*obk sod any Much anteod aw at atrppkraprt eha11 a%* to ad boom apart t, of ride orWW Conbaet, or by mk at 1e611te w prootWSMW by do Firb sad WIWH& Ca minion y3 or Vopanmam No empbyre of the Patter sod Wdd * Dwmtno* stall bee al6w* to fraot ~ i 3f ,r, fx Z ti. r, 3 2 x i ~:3 4' • o ++w-[o-IyYf 13=19 TPWD PL REGION 8 j _ U ~ W kJ U P. iS aidter R OlmpOe=y tK permfpeel aoohrdoo Q NOelopti0e b IRy ~ d1e term! er pr:wtiiorle a0E~d1ie0d is this Carsnet (1) Th=e otq bR teneeied d1a Sfbl without roOOtYee Of (~Aa011110aehtl etioWd, asy d*i% v L Wo o be diu6mW Art the Oaeseer4 c . ' bee ialradarrily eubadtled 11ldt1 sod toielndil~ uelbrsttdiom in my dooow sAm ood is the 9we In rlVM of ommrerioaaws oft WWWG b do wbodma ofwdd CAaoeeeiao" (i) lu oo l- o telb* do aeooeilreim i 0o peo*j ekhu is whole or id port, It fW* aye ad Vp*ooW by As Tom 1 A&An or Wow Ye coeb w WAk b dw Tom Pub tad HoWbIp or geaioa l%u arbr oomwoieoae oaiy oW do set chap er a&d tha ho11eAe (1~ Tr P b eels tilto r00d NIA" " win ordrt to now my &o ft W" oueotirios b dt~ptMe, !tit OoeQactet Ass ypeoi d** b Twt Plrb sod WWih s Div=er o[ the VMWos trglerrihle hr aded~dk AVaw d by plbmitdgi tb mWWd iD wtkbq eapy "vio do C r 6p of re~a'~p ~ t of a *ddww" In m o ~ Sbeuhl do &pule aot be raoiv.d aArr d.oYsa by !tie DM" Dko*r. Woo *rho *An to Twee Part sad WW & Depuploet, to pot" wo b akmk ash ddputo (s) b a MW Ww 1St16 AAhaoW" DDiepu XmUm h* SoWm 1p S4.M. The pudo wM obve dre a* of Mnlitt w (1) Verna fs is Twvie Colmey, Terw 1bt all purpaeee nW9d b dik Cb twA TL U PARKS AID WII.OR M DOARTMW i''>111M' Dda • KAMB OF CONCKSMONAW ..1 ~ i' IIy Larry It Ldda Date • f ~ TOTAL P.Is 7 x lo 32x10 r 0 +ooT Ins Im 2000 DEC JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT WV 010 JAN JAN Fpb CiREENDELT Respond b TPYrD TPWD Responw Due rind kN GrseMm •prassrd to IPM •Flnekta rpM Opsnts Omr6d 0ardon Grelfw ComitVancy Aws Operets RR JORDAN LODGE •0rauwbruke+p ,~Ywls,ap r,i".",?'~' 4ponq TPWD RECREATIONAL LIME 04 M~ PUA Pn»rialbn •Revomus atusy (94 Hermon) •Jordsn lodes (lsrry Lekas) -toot Agiesmart P C PrisaAmmon •YYark asasbn -Revenue Shady (as Hannon) Jordsn Lodge (lorry Lekss) . CC Agsndo LoOsr Aprasmeri W Lodes •RR TomJnats Luse i 1 r CARRYING CAPACITY STUDY Include Csrrykp Capacity 81udr In FY 1900 budget J 7,YICS 32X ® r 0 .I .nTPaar + lR r! tr i H L N ,l~ -eLt w 1'y~ r RAY ROBERTS LAKE 1l act ~ I r , ~ yy • . it 7.., f ~"^'4'.Lr; 1 II.iM.t: C:'y 'I.N ':~~.~n DrrNS0M1~C11D CMM r1LL I J 4 tt Y .'',i 1 'r r1'~ ~y,ry 4 I'I 1 IINOIN, lIC4UDINO Ntlw.S m •11, Z1:- 4410 ' ' I. w i JI ~N ~J ~l 1• •It Nl.. _ /.....•wl \ ♦ I , WIDMidCOWN /wrl itll.MISD I b N clot i J '1 } I It. 9uI.{~~•ap1 E., 1 a.X Yyh~y~, lot A.. 'l l 'a M y} MU [ ..1. A a r J- • i •l Y ` '4 t ! 1 Y.i'- ' r i F"l/..1 t f Type v Coj1110 40.0C.1{rlD V log Pit, r l - Z Y~' vj , ry IJ' 1i / J I ♦ Color RIVIIUN. ARM 014% t f a ~0 ' t i COLLIN•xILLE r 4 fi I~ i 1• ,c• r e S r-..J:~.. Ilk W w1 { pit, r \ iy f 3 + s~ ~ aATE ONIW ` >i, 'r,w l,A, `~L.l> l.•; »-S r -...•.i 5 J ~~~g/ J,i ~I', I~7tnie wl oiarwrialowt. Y ' .,'1 ti I, ' . ~ A ~J . •N ik-, tw ,w ~'y h. t . il'(~ 1' 1 1 1 k,61Wool / I0 017 Plot lNvlC1 Mlr/{I MIIH UIrIMN. {wvl I Y r I If.+, I "31111 ~1~ n,~'• ' t ~u\; 'il 1 J •w 1. 'off ri" I me R/1111 I}1 Pill PILL el' LAKE E } r s , / eon j`~.! a 1 • eONna POOL w. 111.igN A" MI.N 114 Ilvl1 1401 Plot { _ , I • Fft '✓1 ! . "1 f' •I • t 1. ,5, ~..jr ` f , 4 } , r • / ( \ • ' # 1f '1r L . r CAPACIN 710.100 ACK HR • - 1 I .t E'', '7!~ Y 4f' n Wila ARIA liom ACA11 ^ I r Cor.RlrAnoN Pool 1iAt0N PROVE Mun lu urn Pln CAPACIN • rI 1 f Y a rJ r w JV"ACJ TII700 Act .alnet wR7An uu u 1 7k.an NpMINT IT0RA01 N. POP Abel lilt 'i l!)•! , M i+a~~.~. S r' 11 ,~y ♦ 10rY CONr10Na%0VdA01 I.0N. AM 10D {Cll1111 ,~fi . + S y~~ 1 l Cry . 1' A M An,w,n RrvAaN a- y} y ~i.,k• a fi ~,r / t ` •~T~ ` "~~.~Al^ ' - / AIOW MIiN RA 11111 17111[t '.f' f ~ +~f y~ ~l V i 'Yns s. ~ f ~1r : ~ '1~ 'fL \1 Dt~s~~ ' 1 .I `1y'~~ I M ~ {~4-\`.r r r t 1f, y 11 ,1~f1 w } ••t! ?"I r {1• •"f. P+~, •{'T.' r VALLEY VIEW ♦ iv I Ri, ' / (lr F1000 CONTROL POOL El 640.3''1`.` e TIOGA _~T ,'r1 V~"tL tt_ 111L` - 1.~ ~n / ~ .'t -•ft ~ ~ ~ l~ 4 ~ i. [ONSE V TION POOH El E34 S • . CR~fO+ r ~ I t_ .-.J I f~ + t AN f, t • L_ r' T'I~F Ir.u;..S~+ r I ' r Y y t e 1 ti.».. e> >,C~y . u r 1. M1N7 auCK CeEa vn R., s, r . I • ` P "o n .„~eI . PILOT YPOINT: R I IEdARI AREA fir'' t 1 f~ PAN 1 _ 11 0,1CTIlAHD1 to F 1 i ,L N } L } T 41 1 •I .r( ~ 1 J J •3 fi, r"•_ y. SANO•a AVa Y' L+ Iy % µ - jI 0 NOfI ` 1 ~9 ~,ti y1` • L~ F y~.. ,ti ,41,x.110 u. II ; 7N1 111YAN541 AND 00A lrgwv ARI t. AnO.Mlnt I t • Y RRIUMINAIT AND SAJ10 10 AlvIS10N wNln SI I W O• 1Y • i / 1 ' 111 WAILED IrUDIII All COMI61?10 i r is A.L ✓ .•N }i' ~t. Y ! ° ` .A.n a -'-A-~ TRINITY RIVER 1ASIN • ' Ir i' ° ' t - - x~ ~,I ' ,f :.11 w' l1M Act( IMNItt urfl. TIAAI IY~,, l♦ eIb~ < 7 I +1, ~'r~ ~.r P [r RAY 0101111I LAKE I I 11. C~~.N F I •~I wt' N i 1 r vl.• J... ~rce0 1LI ,11100 rkol I -i'✓` yl ABM/ 1Va If~~~ H11R Iw1n1C1, ToRI worrN N 1(1 .r • 1 a' ~`a ~y>R.. y. _ ( J' ~S t..... / ' M. Y i I L • CORD. OFF IN IIRS All. A , , r! f 'Ilraf waTN, nCAI W02 AL1AREYr! k PAT +110 ~r j~ ~f'~ N I 1 32 x I o 25 x~ o f tiny Roberts Lake Ray Roberts Greenbelt Denton County, Texas' / Aces Vicinity titan Point Not to Scale North ,f r 2153 / 7- Equestrian r '17231 Ac ss Pont IN428 AREA MAP t33 / LIS ss TCtCllry I3ly user ElCll FOCk \1 ` x Hike,/Bike 'I'raq 'C r-rfY Denton f n 3 a, . • / Acces F~IJInt Pill h~ a 130 • 6a For111'ortlt f c 1. ` Lew v e L e u` 2s` 120 r DETAIL MAP 120 p i 1351i' ~ 1.35P.\ w ?5x#~ 32x~~ 2 5x® • HANDOUT TO COUNCIL 1113198. COMMENTS ' From 1-5-98 Review of Park Dedication Ordinance • 4 opposed, 1 in favor of requirements • additional park land not needed • may not have maintenance budget for added land • ordinance gives City too much time (10 years to spend fees on new park; S years would be more reasonable • developer has little influence mrl.r park location • %i to 1 mile service distance too far • adds too much cost to price of home, especially when impact re~:s are enacted • not needed, since development generates • taxes to cover costs of new public facilities • doing too much at once (park dedication, impact fees, landscape ordinance); may not be able to afford to develop property • I i e ~ d I i III P&Z MEETING 1-7-98 • Public hearing: 2 opposed, I In favor • Commissioners' comments: • fees may be too high • establish fixed land fee, rather than variable • %z mile service radius too far • how do we ensure proximity • how to apply ordinance in areas where land not available for purchase • should not apply to development in ETJ • might be okay with land dedication, but not the park development fee • • should a variable park development fee be include, to be based on development determined by the 1 residents , jo 219 tff.;~ 21.- In 32 X I❑ o , %mom • high fees will adversely impact affordable housing goals f • reduce the minimum park size to less than 5 acres, thereby decreasing the fees j • fees are too high in comparison to our competition • the City is not committed to maintaining Its eAttin parks, let alone additional park lands N i 1 5 Id 32xIa