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HomeMy WebLinkAbout22-162 INCOMPLETERESOLUTIONNO. 22-162 A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TOENTER [NTO A MEMORANDUM OF UNDERSTANDING FOR THE LEWISVILLE LAKE PADDLING TRAIL COLLABORATION PROJECT WITH THE CITY OF CORINTH, TOWN OF HICKORY CREEK, CITY OF HIGHLAND VILLAGE, CITY OF LEWISVILLE, TOWN OFLITTLE ELM, CITY OF THE COLONY, AND UNITED STATES ARMY CORPS OFENGINEERS; AND DECLAR[NG AN EFFECTIVE DATE. WHEREAS, the purpose of the Memorandum of Understanding is to develop and expand a framework of cooperation among all Agencies for planning and implementing mutually beneficial projects, activities, programs, development, and education associated and related to the Lewisville Lake Paddling Trail Collaboration Project; and WHEREAS, Each Agency will be responsible for the management, stewardship, and administrative responsibilities for operating the components of boat ramps and launch sites and amenities along the portions of the shores of the Lewisville Lake that lie adjacent to or within the various towns and cities which are served by the Agencies as well as enhancing the public's knowledge, awareness and responsible safety use, experiences, and related assets relating to paddle boating in the Lake and other public waters within the Agencies’ respective jurisdictions; and WHEREAS, the City owns and maintains public parks and facilities, trails, activities, programs, projects, and initiatives throughout the City of Denton; and WHEREAS, the Denton Parks and Recreation Department’s mission is to enrich the lives of all Denton residents through environmental enhancements and a diverse offering of recreational, educational, and cultural services; and WHEREAS, the City Council has found and determined that the Memorandum of Understanding is in the public’s best interest; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitation contained in the preamble of this Resolution are incorporated herein by reference. SECTION 2. The Memorandum of Understanding attached hereto, is approved and the City Manager, or designee, is authorized to execute on behalf of the City of Denton. SECTION 3. The City Manager, or designee, is further authorized to carry out all duties and obligations of the City pursuant to and under the Memorandum of Understanding, including, but not limited to, the expenditure of funds. SECTION 4. This Resolution shall be effective immediately upon its passage and approval. Th, m,ti,„t, ,pp„„,,thi, „„1„ti,„ w„ m,d, by n\iSbA Fla\. , f , ,.d „,,„d,d by gifT&. '- - Beck , the resolutMhMaMG the following vote L'7 - O]: 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 Meltzer, At Large Place 6: J ,/ V ./ / PASSED AND APPROVED this the IS+ dayof Rbfo'-ry ,2022. A#?4GERARD HUDSPET FI, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY ,\\1111111/OF a Za *- t + •+••• N its 111111\\\APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY "- BY: Memorandum of UnderstandingLewisville Lake Paddling Trail Collaboration Project This Memorandum of Understanding (“MOU”) is entered as of the Effective Date by and among the City of Denton Parks and Recreation Department, the City of Corinth, the Cityof The Colony Parks and Recreation Department, the Town of Hickory Creek, the City ofHighland Village Parks and Recreation Department, the City of Lewisville Parks andRecreation Department, the Town of Little Elm Parks and Recreation Department, and the United States Army Corps of Engineers. (collectively, the “Agencies” and each an “Agency”), by and through their authorized representatives. RECITALS WHEREAS, the Agencies are responsible for the management, stewardship, and administrative responsibilities for operating the components of boat ramps and launch sites and amenities along the portions of the shores of the Lewisville Lake (the “Lake”) that lie adjacent to or within the various towns and cities which are served by the Agencies as well as enhancing the public’s knowledge, awareness and responsible safety use, experiences, and related assets relating to paddle boating in the Lake and other public waters within the Agencies’ respective jurisdictions;and WHEREAS, the Agencies desire to enter into this MOU providing for the establishment of the Lewisville Lake Paddling Trail Collaboration Project (the “LLPT”) and for the purpose of developing and expanding a framework of cooperation among the Agencies for planning and implementing mutually beneficial projects, activities, programs, development, and education associated and related to the LLPT; and WHEREAS, the Agencies are committed to providing ongoing maintenance and operations, promoting informational resources to provide high-quality water safety education and program development in support of the LLPT; and WHEREAS, this MOU is further intended to formalize the relationship among the Agencies and allow the Agencies to speak with one voice relating to the mutually agreed-upon vision, mission, and objectives set forth in the MOU; and WHEREAS, the LLPT will mutually benefit the residents of the various municipalities served by the Agencies as well as create the potential for attracting visitors from outside of the region engaging in personal travel and/or participating in special events that are held within one or more of the Agencies’ cities because of the coordinated use of the facilities making up the LLPT. NOW, THEREFORE, in consideration of the mutual benefits to be realized by the Agencies and the municipalities they serve, the Agencies enter this MOU for the following purposes and subject to the following conditions and provisions: PAGE 1 MEMORANDUM OF UNDERSTANDING: LEWISVILLE LAKE PADDLING TRAIL COLLABORATION PROJECT (kbl: 12/8/2021 : 126516) I. VISION The following shall constitute the vision statement that serve as the focus of the Agenciesin their respective actions in supporting the LLPT: To collaborate with municipalities and organizations to establish state and nationally recognized paddling trails along Lewisville Lake and its tributariesand corridors. II. MISSION STATEMENT The following shall serve and the Agencies’ mission statement for the operation of theLLPT To create trail systems that interconnect around Lewis\pine Lake that promote safe recreational usage by paddlers and to identify routes to connect the Trinity River Elm Fork to Lake Ray Roberts through the Greenbelt. 111.GOALS, OBJECTIVES, AND PRINCIPLES A.Goals. The goal of the Agencies in carrying out the LLPT is to collaborate, support,and establish projects and programs to further the mission of the LLPT. While thefocus of the LLPT is to promote non-motorized recreation, this MOU is not intended to impede motorized use or advocate for excluding motorized use. Subjectto their respective city policies, budgets, and procedures, the Agencies are committed to using the best efforts to achieve the following objectives: 1.Work, coordinate, and cooperate with community leaders, privatedevelopers, community members, non-profit organizations, and state and national organizations to create a seamless system of connecting paddlingtrails in and around the Lake; 2.Promote healthy lifestyles by designing paddling trail systems that accommodate all ages, abilities and promote diverse outdoor recreation actrvltles; 3.Encourage non-motorized transportation by offering multiple launch access points and safe, reasonably direct routes between communities, waterfront parks, and popular destinations within each Agency community surrounding or connecting to the LLPT; 4.Create a network of trails and "trailheads" that allow easy public access from parking to the shoreline with landing/launching sites for water trails affording all citizens region-wide the opportunity to enjoy the scenic and environmental richness of the Lake and its surrounding land and waters; MEMORANDUM OF UNDERSTANDING: LEWISVILLE LAKE PADDLING TRAIL COLLABORATION PROJECT (kbl: 12/8/2021 : 126516) 5.Provide educational opportunities and identify points of interest throughoutthe trail system that highlight cultural resources, working lands, local history, and natural science; 6.Create and identify a safety plan to promote and advocate water safety throughout the Lake; and 7.Increase community awareness and promote the LLPT as a valuable resource for non-motorized recreation, education, stewardship, and tourism. B.Objectives and Principles. The Agencies agree to support, abide, and advocate the following guiding principles for the creation and implementation of the LLPT: 1.Accessibility: Infrastructure of trails and greenways that are a part of everyday life and accessible to all people of varying abilities, ages, and backgrounds. 2.Healthy Lifestyles: Improved fitness, health, and well-being for all people through trails and greenways that offer opportunities for physical activity, recreation, rejuvenation, and preventative health care. 3.Education: Educational and interpretive opportunities that promote understanding, skills development, and appreciation of the environment and water safety. 4.Connectivity: Trail systems that link communities, natural areas, and people as a means of recreation and transportation. 5.Economic Vitality: A trail system that contributes to the financial strength and attractiveness of a community by enhancing business opportunities, tourism, and property values. 6.Sustainable Development: A trail system that offers alternative transportation opportunities, contributes to a community’s health and vitality, and connects people to nature. 7.Best Practices: Innovative, sustainable, and technically sound guidelines that are understood and applied by decision-makers in the planning, design, development, and construction of high-quality trail systems. IV.AGENCY RESPONSIBILITIES A.In furtherance of the cooperative nature of this MOU, each Agency shall use its best efforts, subject to the availability of current funds and other resource, to maintain the launch sites, paddle trails, and other assets within their respective jurisdictions, including, but not limited to: PAGE 3 MEMORANDUM OF UNDERSTANDING: LEWISVILLE LAKE PADDLING TRAIL COLLABORATION PROJECT (kbl:12/8/2021 : 1265 16) 1.Maintaining and replacing signs, kiosks, docks, parking lots, restrooms, andother amenities and infrastructure relate to the LLPT; 2.Perform regular inspections to ensure launch sites and amenities are cleanand free of trash and debris and to determine and perform service andmaintenance to assets as needed; 3.Seek funding for the ongoing maintenance and operation of infrastructure and amenities related to the LLPT within each Agency's jurisdiction. B.One or more representatives of each Agency will participate in regular meetings toreview LLPT development, operational problems and maintenance standards, safety plans, and support, and to exchange ideas, advice, and other information for the good of the LLPT. C.Each Agency shall make a reasonable effort to maintain good communications and disseminate information to their community members and other Agencies relatedto the LLPT. D.Each Agency shall be responsible for organizing its own activities and using its own resources, including the expenditure of its own funds, in pursuing the objectives of this I\40U that specifically fall within the Agency’s jurisdiction. E.Each Agency shall be committed to promoting the health and safety of all participants in the LLPT and will abide by federal and state codes and procedures. F.This MOU serves as a letter of support for the Agencies’ desire to apply for grantsand/or receive donations to offset the cost for their launch sites and amenities. The resources gained must be directed to improvements or repairs for the LLPT. G.Subject to appropriation by its governing body and adopted purchasing guidelines;each Agency will establish a budget and identify avenues to provide funds to maintain and operate the Agency’s portion of the LLPT to the best of each Agency’s ability. 111.MISCELLANEOUS. A.Any Agency, in its sole discretion, may at any time discontinue participation in any activity initiated pursuant to this MOU or as a participating Agency in this MOU upon providing not less than thirty (30) days’ written notice of withdrawal to the other participating Agencies. Withdrawal of an Agency from this MOU does not result in termination of this MOU as long as at least two Agencies continue as participating parties to this MOU. PA(,z 4 MEMORAN DUM OF UNDERSTANDING: LEWISVILLE LAKE PADDLING TRAIL COLLABORATION PROJECT (kbl: 12/8/2021 : 1265 16) B.The Agencies agree that if legal action is brought under this MOU, exclusive venue shall lie in the state courts of Denton County, Texas and its terms or provisions, as well as the right and duties of the Parties hereunder, shall be governed by the lawsof the State of Texas. C.It is expressly understood that, in the execution of this MOU, no Agency waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers andfunctions. D.Notwithstanding anything in this MOU the contrary, no Agency shall at any time be authorized to act on behalf of another Agency as such other Agency’s agent or representative regarding the matters set forth in this MOU, nor shall any Agency,nor any employee of any Agency, represent to any person that such Agency or Agency’s employee has the authority to represent or make binding agreements for another Agency with respect to the matters described in this MOU. E.This MOU may be amended or modified only by mutual written agreement of all of the Agencies. Such amendment or modification must be in writing, signed by an authorized agent for the signing Agency and attached and incorporated into thisMOU F.The Agencies acknowledge and agree that the performance of their respective governmental functions and/or services as set forth herein will be paid from current revenues available to the paying Agency. (,.Notices required by this MOU shall be in writing and signed by the Agency’s representative or city/town manager. Copies of all required notices shall be sent to the Agencies’ City/Town Manager and City Attorney and such other representativeof each Agency as may be designated by the Agency in writing sent to the other Agencies from time to time. H.This MOU shall commence and become effective on the date it is signed by at least two (2) of the Agencies (the “Effective Date”) and terminate on the day prior to the tenth (10th) anniversary of the Effective Date unless terminated or extended as provided herein. The Agencies may renew this MOU for an additional term often ( 10) years commencing on the tenth (10th) anniversary of the Effective Date. This MOU shall not become effective as to any Agency until the date the Agencyexecutes this MOU. 1. J. This MOU may be executed in any number of identical counterparts, each of whichshall be deemed an original and constitute one and the same instrument. The person signing this MOU on behalf of each Agency is authorized pursuant to the respective Agency’s governing policies to sign this MOU for the Agency. PAGE 5 MEMORANDUM OF UNDERSTANDING: LEWISVILLE LAKE PADDLING TRAIL COLLABORATION PROJECT (kbl:12/8/2021 : 1265 16) Signatures on following pages. PAGE 6 MEMORANDUM OF UN DERSTANDING: LEWISVILLE LAKE PADDLING TRAIL COLLABORATION PROJECT (kbl: 12/8/2021 : 1265 16) DocuSign Envelope ID: D68E8161-C)46B-+608-A681-IFABB6632676 City of Denton Duu3igwl brIC By:j== z==e Name. Sara Hensley Title. Interlrn Clty Manager Date: 2/28/2022 City of Corinth Parks and Recreation Department 'DoGuSlgned br By: a Name. Bob Hart Title. Clty Manager Date. 2/25/2022 Town of Hickory Creek Dow31gn•d br By: l_W.iTlq Name: John Smlth Title. Town Administrator Date: 2/15/2022 City of The Colony Parks and Recreation Department DuuSiQnd bon By:l PAh_ MLs&b_ Pam Ne1 sonName: Title. Commun1 ty Serv1 ces D1 rector Date. 2/9/2022 City of Highland Village Parks and Recreation Department DocuSlgMd by:By:jp.?WPhil Lozano, Parks and Recreation Director Date: 2/21/2022 Lewisville Parks and Recreation Department BoGuSbInd by By: beg Name: Stac1 e AnaYa Title. D1 rector Date: 2/10/2022 Town of Little Elm Parks and Recreation United States Army Corps of EngineersLewisville Lake Office – Fort Worth DistrictDepartment br By' Chad HydeName Title. Commun1 ty Servl ces D1 rector 2/11/2022Date By: Name: Title: Date: PAGE 7 MEMORANDUM OF UNDERSTANDING: LEWISVILLE LAKE PADDLING TRAIL COLLABORATION PROJECT (kM: 12/8/2021 : 126516)