Loading...
HomeMy WebLinkAbout22-270 INCOMPLETEORDINANCE NO. 2-270 AN ORDINANCE OF THE CITY OF DENTON APPROVING THREE AMENDMENTS TONATURAL RESOURCES CONSERVATION SERVICE WATERSHED AGREEMENTSRELATED TO FLOOD CONTROL, DRAINAGE, AND IMPROVEMENTS TO ADD THECOLE RANCH MPROVEMENT DISTRICT NO. 1 OF DENTON COUNTY, TEXAS AS ALOCAL SPONSOR AND A SOURCE OF FUNDING FOR FUTURE IMPROVEMENTS FOR THE HICKORY CREEK WATERSHED (TRINITY RIVER), TEXAS, STRUCTURES ANDRESERVOIRS 12 AND 13 AND OTHER RELATED MATTERS; AND PROVIDING ANEFFECTIVE DATE. WHEREAS, On April 7, 2020, City Council approved an Operating Agreement (“Agreement”) with Cole Ranch Improvement District No. 1 of Denton County, Texas (“Cole Ranch”); and WHEREAS, Section 4.10 of the Agreement describes the existing lakes within Cole Ranch located within easements granted to the Denton County Soil and Water Conservation District No. 547 (the “SWCD”) for drainage and flood control purposes; and WHEREAS, the SWCD has constructed and maintains dams, spillways, and overflow pipes and valves at the lakes which constitute a portion of the drainage and flood control system serving Cole Ranch; and WHEREAS, pursuant to the Agreement, Cole Ranch is obligated to prepare an assessment of the condition of the SWCD facilities, and proposed plan of improvement, maintenance, and repair for such facilities and formalize arrangements with the SWCD to complete the proposed improvement, maintenance, and repair of the lakes and facilities; and WHEREAS, the Agreement contemplates the lakes and surrounding areas as being integral components of future parks, trails, and open space within Cole Ranch; and WHEREAS, following negotiations between Cole Ranch, SWCD, and Denton County, the parties reached an agreement whereby Cole Ranch is added as a joint owner of the dams and reservoirs comprising Lakes 12 and 13. By adding the Cole Ranch District as an owner, Cole Ranch is able to assist with funding the costs of operation and maintenance of the lakes and the related improvements to the dam structures; and WHEREAS, Cole Ranch will assume primary responsibility for the improvement and maintenance of the dam structures, known as “Floodwater Retarding Structures Nos. 12 and 13” and by executing the amendments, the City of Denton acknowledges the amendments but does not assume any new obligation to accept ownership, maintain, operate, or repair any lake or improvements subject to the amendments; and WHEREAS, the City agrees to execute the amendments attached to this ordinance; NOW,THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby approves and authorizes the City Manager or her designee to execute the following amendment: 1. First Amended Watershed Agreement for the Hickory Creek Watershed (Trinity River), Texas; 2. The Second Supplemental Watershed Agreement for Hickory Creek Watershed (Trinity River), Texas Structures and Reservoirs No. 12and 13; and 3. The Second Amended Operation and Maintenance Agreement for Structural Measures - Structures and Reservoirs Nos. 12 and 13 (collectively, the “Three Amendments”). SECTION 2. Substantial copies of the Three Amendments are attached hereto and incorporated herein for all purposes. Minor adjustments to the attached Three Amendments are authorized, such as filling in blanks and minor clarifications or corrections, and any modifications made by City Council in the approval of this ordinance. SECTION 3. The City Manager, or her designee, is further authorized to carry out all duties and obligations to be performed by the City under the Three Amendments, unless otherwise reserved in the Three Amendments for Council approval SECTION 4. This ordinance shall become effective immediately upon its passage and approval. seconded in h i s o r d i n a n c e vr a s rr1 : 1e Tr d i in : : :: : P : =•d scI Lp prove da Ithe following vote U - a :: aIT:::'s -)I ,/ ,/J \/ ,/ Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2 : Jesse Davis, District 3 : Alison Maguire, District 4: Deb Armintor, At Large Place 5 : Paul Mleltzer, At Large Place 6: Page 2 of 3 ATTEST: ROSA RIOS, CITY SECRETARY \ttlllllf//OF a •k:/\ lIIII\APPROVED AS TO LEGAL FORM: MACK REINWAND, CiTY ATTORNEY Digitally signed by Mack E:itneY;on22.01.27 12 :07:06 Page 3 of 3 FIRST AMENDED WATERSHED AGREEMENT For the Hickory Creek Watershed (Trinity River), Texas Since the original watershed agreement was signed on June 7, 1968, and was last supplemented on September 14, 1971, it has become necessary to modify that agreement according to the following terms: Wise Soil and Water Conservation District and Dalworth Soil and Water Conservation District are removed as Co-Sponsors of the Hickory Creek Watershed (Trinity River) Project. These districts no longer have any rights, powers, duties, or responsibilities under the watershed agreement, work plan, operation and maintenance agreement, and/or any other agreement between the sponsors and/or the NRCS with regard to the Hickory Creek Watershed (Trinity River) Project. This amendment shall be effective on the date signed by the Natural Resources Conservation Service. All other terms, conditions and stipulations of the watershed agreement not modifiedherein remain the same and in full force and effect. The signing of this agreement was authorized by a resolution of the governing body of theDenton County Soil and Water CJ_user%tion Distrjct lb. 5_47_. adopted at a meeting held on: nAO tf-\Bee d , aa Z/ PFalon_C_ounty SQi_l&ndJ!©er C_onservation District No. 547 (Local Organization) Title: C/+ A LR 41 /\ ,/ Date: //– IO ' Z azt The signing of this agreement was authorized by a resolution of the governing body of theWise Soil and Water Conservation District adopted at a meeting held on: Wis_e Soil and Water Conservation District (Local Organization) By: Title: Date: First Amended Watershed Agreement For Hickory Creek (Trinity River) Watershed, Texas Page 1 The signing of this agreement was authorized by a resolution of the governing body of the Dalworth Soil and Water Conservation District adopted at a meeting held on: Dalworth Soil and Water Conservation District (Local Organization) By: Title: Date: The signing of this agreement was authorized by a resolution of the governing body of the Dent(in County Commissioners Court adopted at a meeting held on: Denton County_CoJnmissioners Court (Local Organization) By: Title: Date: The signing of this agreement was authorized by a resolution of the governing body of the eilyJfJ}eP_ten adopted at a meeting held on: City of Denton (Local Organization) By: Title: Date: First Amended Watershed Agreement For Hickory Creek (Trinity River) Watershed, Texas Page 2 Natural Resources Conservation Service United States Department of Agriculture By: Title:State Conservationist Date: First Amended Watershed Agreement For Hickory Creek (Trinity River) Watershed, Texas Page 3 SECOND SUPPLEMENTAL WATERSHED AGREEMENT For Hickory Creek (Trinity River) Watershed Project, TexasStructures and Reservoirs No. 12 and 13 Since the original watershed agreement was signed on June 7, 1968, and was lastsupplemented on September 14, 1971 (“Original Agreement“), it has become necessary to modify that agreement and work plan1 as to Floodwater Retarding Structures 12 and 13 by adding the Cole Ranch Improvement District No. 1 of Denton County, Texas (the “Cole Ranch District“) as a Sponsor with certain shared responsibilities with the Denton County Soil and Water Conservation District No. 547 (“DCSWCD”) with regard to those structures, as described herein. For purposes of this Second Supplemental Watershed Agreement (“Amended Watershed Agreement”), the terms “Structure” and “Floodwater Retarding Structure“ shall include the dam, its associated impoundment, reservoir, outfall, and filling basin for Floodwater Retarding StructureNos. 12 and 13. The Cole Ranch District is a political subdivision of the State of Texas.2 it was created to facilitate a land development project covering approximately 3,200 acres of land in Denton County, Texas. There are two Structures subject to the Original Agreement and associated work plan that are located wholly within the boundaries of the Cole Ranch District – Floodwater Retarding Structures Nos. 12 and 13. The Cole Ranch District desires to become a Sponsor of these Structures under the this Amended Watershed Agreement and associated work plan(specifically, the Work Plan for Watershed Protection and Flood Prevention – Hickory Creek Watershed, dated October 1966) in accordance with the Watershed Protection and Flood Prevention Act (the “Act”).3 DCSWCD agrees that, pursuant to this Amended WatershedAgreement, the Cole Ranch District shall be a co-sponsor jointly with DCSWCD for the Floodwater Retarding Structures. Therefore, the watershed agreement and work plan are hereby modified to add the ColeRanch District as a Sponsor of the Hickory Creek Watershed (Trinity River) Project as to Floodwater Retarding Structures, with all rights, powers, and duties over those Structures granted to the sponsor group under the Original Agreement and associated work plan, along with the Act, its implementing regulations, and/or National Resources Conservation Service guidance materials.The Cole Ranch District will have primary operation and maintenance responsibilities for Structures 12 and 13 and associated reservoirs, as outlined separately in the Second Amended Operation and Maintenance Agreement for Structural Measures and in the Partial Assignment and Partial Release of Access Easements and Agreements Relating to Flood Control, Drainage and Improvements. In addition, DCSWCD consents to the Cole Ranch District as a Sponsor with all 1 The watershed work plan was prepared by the Soil Conservation Service, with the sponsors acting as participatingagencies, in October 1966. 2 The Cole Ranch District was created during the 86th Regular Session of the Texas Legislature through passage of H.B. 4693 and codified under Chapter 3981, Special District Local Laws Code ("District Act") for the benefit of the public and for public purposes. The District operates as a Municipal Management District pursuant to the District Actand Chapter 375, Local Government Code. 3 Public Law 83-566, 16 U.S.C. $ 1001 et. seq. Second Supplemental Watershed Agreement For Hickory Creek (Trinity River) Watershed, TexasStructures and Reservoirs No. 12 and 13 Page 1 rights, powers, and duties specifically granted to DCSWCD under this Amended Watershed Agreement and associated work plan, with regard to Floodwater Retarding Structures The parties to this Amended Watershed Agreement do not intend for such Amended Watershed Agreement to result in any changes in environmental effects that would require a Plan-EA or Plan-EIS . This Amended Watershed Agreement shall be effective on the date signed by the NaturalResources Conservation Service. All other terms, conditions, and stipulations of the watershed agreement and/or work plannot modified herein remain the same and in full force and effect. The signing of this agreement was authorized by a resolution of the governing body of the Denton County Soil and Water Conservation District No. 547 adopted at a meeting held on: AJaotF\ bE& 4 , Zozl Denton County Soil and Water Conservation District No. 547 (Local Organization)/ By, .X$ /;: Title:C:/IA IAI„IA,,„’ / {- If’ - lol I Second Supplemental Watershed Agreement For Hickory Creek (Trinity River) Watershed, TexasStructures and Reservoirs No. 12 and 13 Page 2 The signing of this agreement was authorized by a resolution of the governing body of the Dent_QP County Commissioners Court adopted at a meeting held on: Denton County Commissioners Court (Local Organization) By: Title: Date: The signing of this agreement was authorized by a resolution of the governing body of the City of Denton adopted at a meeting held on: City of Denton (Local Organization) By: Title: Date: Second Supplemental Watershed Agreement For Hickory Creek (Trinity River) Watershed, TexasStructures and Reservoirs No. 12 and 13 Page 3 The signing of this agreement was authorized by a resolution of the governing body of the Cole Ranch Improvement District No. 1 of Denton County, Texas adopted at a ITleeting heldon NNuAbMt t \ZDZl of Denton County, TexasCole Rand Int Di (Local Organization) Title: Date: b I'/r / / z L Natural Resources Conservation Service United States Depallment of Agriculture By: Title: State Conservationist Date: Second Supplemental Watershed Agreement For Hickory Creek (Trinity River) Watershed, TexasStructures and Reservoirs No. 12 and 13 Page 4 SECOND AMENDED OPERATION AND N[AHVrENANCE AGREEMENTFOR STRUCrURAL MEASURESStructures and Reservoirs Nos. 12 and 13 Since the original operation and maintarance agreement for structural measures was made on July 8, 1968 and was last amended on SeDtemba 4, 1968 (as amended, the “Base Agreemart”), it has become necessary to modify the Agreement as to Floodwat@ Retarding Structures 12 and 13 in the Hickory Creek (Trinity Rivw) Watershed Project by adding the Cole Ranch Improvanent District No. 1 of Denton County, Texas (the “Cole Ranch District”) as a Sponsor with certainshared nsponsibilitin with the Denton County Soil and Water Conservation District No. 547(“DCSWC[Y’) with regard to those structurw, as described herein. For purposes of this Second Amended Operation and Maintenance Agreement forStructural Measures (“Second O&M Agreement”), the terms “S&uctwe” and “Floodwater Retarding Sbuctun” shall include the dam, its associated impotmdment, reservoir, outfall, and filling basin for Floodwatu Retarding Structures Nos. 12 and 13. The Cole Ranch District is a political subdivision of the State of Texas.1 it was created tofacilitate a land development project covering approximately 3,200 acres of land in Denton County, Texas. There are two Structures subject to the Base Agreement that are located whollywithin the boundaries of the Cole Ranch District – Floodwater Retarding Structures Nos. 12 and 13. The Cole Ranch District desires to become a Sponsor of these structures under the separatelyexecuted Second Supplemental Watershed Agreement for Hickory Creek (Trinity River)Watershed Project, Texas, in accordance with the Watershed Protection and Flood Prevention Act (the “Act”),2 and as described herein. Therefore, the Base Agreement is hereby modified to add the Cole Ranch District as a Sponsor of the Hickory Creek Watershed (Trinity River) Project as to Floodwater Retarding Structures, with all rights, powers, and duties over those Structures granted to the sponsor group in the Base Agreement, and without DCSWCD relinquishing any such rights, powers, and duties that it maintains from the Base Agreemart. As between DCSWCD and the Cole Ranch District, the Cole Ranch District will have primary operation and maintenance responsibilities for the Structures, as outlined in the Base Agreement, and ratified by the parties to this Second O&M Agreement, and the Cole Ranch District shall undertake all financial responsibility for such primary operation and maintenance responsibilitia for the Structures. The parties to this Second O&M Agreement do not intend for such Second O&M Agreement to result in any changes in environmental effects that would require a Plan-EA or Plan-EIS 1 The Cole Ranch District was created during the 86th Regular Session of the Texas Legislature through passage of H.B. 4693 and codified under Chapter 398 1, Special District Local Laws Code ("District Act"); for the benefit of the public and for public purposes. TIle District operates as a Municipal Managemart Disuict pursuant to the District Actand Chapter 375, Local Government Code. 2 Public law 83-566, 16 U.S.C. $ 1001 et. seq. 1 This Second O&M Agreement shall be effective on the date signed by the NaturalResources Consuvation Service. The Dalworth Soil and Water Conservation District is no longer a Sponsor under the Agreement, and its removal as a Sponsor has been memodalized by that separate agreement, entitled First Amended Watershed Agreement For the Hickory Creek Watershed (Trinity River),Texas All other terms, conditions, and stipulations of the Agreement not modified herein ranaiathe same and in full force and effect.: The signing of this agreement was authorized by a resolution of the governing body of the Denton County Soil and Water Conservation District No. 547 adopted at a meeting held on: r\\over.,ga 4, ZD& 1 Denton County Soil,and Water Conservation District No. 547 (Local Organization) PIa TaFF\{\ laBy:A Title: Date: / /' rb - z's al The signing of this agreement was authorized by a resolution of the governing body of the Denton County Commissioners Court adopted at a meeting held on: Denton County Commissioners Court (Local Organization) By: Title: Date: The signing of this agreement was authorized by a resolution of the governing body of the City of Denton adopted at a meeting held on: City of Denton (Local Organization) By: Title: Date: The signing of this agreelnent was authorized by a resolution of the governing body of the Cole Ranch Improvement District No. 1 of Denton County, Texas adopted at a meeting held OII: Navcvwbkr \\ , aAt Cole Ranch Improvement District No. 1 of Denton County, Texas Organization) Title Date: I'd/ /2/ Natural Resources Conservation Service United States Department of Agriculture By: Title: State Conservationist Date: 2973705£Iv.4