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HomeMy WebLinkAbout1999-165ORDINANCE NO 9- AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENT AGREEMENT NO 1 TO THE PARK MANAGEMENT CONTRACT BETWEEN THE TEXAS PARKS AND WILDLIFE DEPARTMENT AND THE CITIES OF DALLAS AND DENTON, TEXAS, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute Supplement Agreement No 1 to the Park Management Contract between the Texas Parks and Wildlife Department and the Cities of Dallas and Denton, Texas, a copy of which is attached hereto and incorporated by reference herein SECTION II. That the City Manager is further authorized to take the action and make any expenditures required by the attached Agreement SECTION III That tlus ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of % 11999 ATTEST• JENNIFER WALTERS, CITY SECRETARY BY G, L ,, �, %�.� 409 ll �, . y APPROVED AS TO LEGAL FORM PROUTY, CITY ATTORNEY • v / 1—a P\SHAMD\DOPTIAL\0m Dwumenu\0,di..,n 9\park mmage tnga mt dw SUPPLEMENTAL AGREEMENT NO 1 PARK MANAGEMENT CONTRACT BETWEEN TEXAS PARKS AND WILDLIFE DEPARTMENT AND THE CITIES OF DALLAS AND DENTON, TEXAS This Supplemental Agreement No 1 to that certain Park Management Contract dated June 3, 1991 ("Original Contract") made and entered into by and between the Cities of Dallas and Denton, Texas (hereinafter called "Cities") and the Texas Parks and Wildlife Department ("TPWD") each party acting through duly authorized officials WITNESSETH WHEREAS, the construction of Ray Roberts Lake (hereinafter called the "Project") was authorized by the River and Harbor Act of 1965 (Public Law 89-299, 79 Stat 1091), and WHEREAS, the Cities have contracted with the United States of America (hereinafter called the "Government") under contract numbers DACW63-80-C-0106 and DACW63-80-0107 to administer Project land and water areas for recreation purposes and to operate, maintain, and replace facilities provided for such purposes, and WHEREAS, the Cities and the Government understand the preservation of the Ray Roberts lake water supply and water quality are the top priorities, and WHEREAS, on December 13, 1990, Lease No DACW63-1-91-0545 (hereinafter called the "recreational facilities lease") was entered into by and between the Government and the Cities in conjunction with the above contracts, whereby the Cities were granted the use and occupancy of approximately 4,238 acres of land and water for public park and recreational purposes at Ray Roberts Lake, Texas for a term of fifty (50) years beginning December 13, 1990 and ending December 12, 2040, and WHEREAS, TPWD is generally authorized to administer park lands such as those on the Project under the recreational facilities lease for State recreational purposes, and to operate, maintain, and replace facilities provided for such purposes, and is empowered to contact for such purposes under authority conferred by Chapter 13, Texas Parks and Wildlife Code, and WHEREAS, TPWD recognizing the recreational potential and suitability of the Project for State Park purposes, entered into a contract with the Cities dated June 3, 1991, and assumed management, operation, maintenance, and replacement responsibilities for designated park areas and access points, and WHEREAS, the Cities and the Government entered into Supplemental Agreement No 1 to recreational facilities, adding to previously leased premises an additional 1,126 acres of land and areas of land covered by water for wetlands development and an additional 1,300 acres of land and areas of land covered by water for recreational purposes in an area known as and hereafter referred to as the "Greenbelt," and WHEREAS, TPWD wishes to assume additional management, operation, maintenance, and replacement responsibilities to manage and preserve the Greenbelt, which includes the conservation easement as required by Supplemental Agreement No 1 to the recreational facilities lease Page - 1 - NOW, THEREFORE, by mutual agreement of the parties hereto, the Original Contract is amended in the following respects only 1 All references to "Exhibit A" in the Original Contract are amended to read "Exhibit A and Exhibit E" (the lease and Supplemental Agreement No 1 to the lease) A map showing the location and general description of the Greenbelt and the wetlands development areas is attached to and made a part of this Supplemental Agreement as Exhibit "A-1 " 2 Paragraph 1 of the Original Contract is amended to read as follows "TPWD shall be responsible for all the operation, maintenance, and replacement responsibilities of the Cities under Contracts DACW63-80-C-0106 and DACW63-80-C- 0107, and the additional Project lands that include the Greenbelt mentioned in the Supplemental Agreement No I to the lease and which are more fully shown on the attached Exhibit "A-1," which is attached to and made a part of this contract as if written word for word herein A Growth Management Plan will be developed by the Cities, which will address and formulate water quality, recreation, development, and growth guidelines in coordination with TPWD When completed, the Growth management Plan will be attached and made a part of this Agreement for all purposes, and TPWD will use the Plan as a guideline in its operation, maintenance, and replacement responsibilities under this Agreement TPWD further agrees to contact and consult with the Cities for all capital improvements that might affect water quality of the lake TPWD will assume said responsibilities only when each park or access point is fenced and the facilities are complete and accepted by the Cities TPWD shall not be obligated to operate and maintain lands, structures, facilities such as dams, spillways, and outlet works required for control and regulation of the waters stored in the reservoir, the access road to the dam, or any project visitor facilities constructed in conjunction with these works TPWD shall be responsible for trash removal on all Project lands subject to this Agreement TPWD shall comply with all applicable laws, including, without limitation, the Clean Water Act and the Safe Drinking Water Act to prevent the impairment of water quality " 3 Paragraph 6 of the Original Contract is amended to read as follows "TPWD shall contact the Cities prior to making initial contact with potential contractors for capital improvements and with prior review and approval of the Government and the Cities, TPWD may grant subleases for all or portions of the Project lands for purposes that are consistent with this Contract Concessions, licenses, concession contracts, subleases, and other agreements shall be consistent with a Growth Management Plan to be developed by the Cities TPWD shall submit all contracts and subleases, plans and specifications, and other documents showing the design and construction of other recreational facilities to the Cities for review and approval prior to granting same The Cities will have sixty (60) days to review and approve or disapprove such documents, which approval shall not be unreasonably withheld Within that sixty (60) day period the Cities will submit any comments, requests for changes or questions concerning the documents in writing to TPWD If the Cities do not indicate in writing their approval or disapproval of the documents within the sixty (60) day period, TPWD may assume the submitted documents are approved All such contracts and subleases shall be consistent with the terms and conditions of Exhibit A (the lease, as amended) which shall be incorporated into each document for reference and the Master Plan " Page - 2 - 4 The Original Contract is amended to add new Paragraphs 12 and 13 as follows 1112 TPWD shall provide the Cities the Ray Roberts State Annual Plan of Operation and maintenance ("Annual Plan") on recreational activities at Ray Roberts Lake, including but not limited to operation and maintenance activities, visitation, revenues generated, expenses and other recreational activities related to compliance with this Contract TPWD will also submit to the Cities the Annual Plan on recreational activities at Ray Roberts Lake, incorporating the Greenbelt Master Plan, no later than sixty (60) days after the end of each fiscal year 13 The City of Denton shall be responsible for the operation, maintenance, and replacement responsibility of the wetlands management areas Denton shall provide an annual written report regarding the wetlands management areas to Dallas within sixty (60) days after the end of Denton's fiscal year The written annual report should generally describe Denton's activities in the past year under this paragraph and present any issues or problems that require discussion or joint decision by the Cities A copy of the annual report shall be sent to the Government, through the U S Army Corps of Engineers, Fort Worth District Office " 5 Except as amended hereby, all other terms, provisions, conditions, and obligations of the original contract between the Cities and TPWD shall remain in full force and effect, and the Original Contract, as same may have been previously amended, and this Supplemental Agreement No 1 shall be construed together as a single contractual agreement 6 If any section, subsection, paragraph, sentence, clause, phrase, or word in this Supplemental Agreement No 1, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Supplemental Agreement No 1, and the parties hereto hereby declare that they would have enacted such remaining portions despite any such invalidity EXECUTED as of the day of — 1 �), h 1999, by the Cities, signing by and officials, and by through their duly authorized oTPWD, Acting through its duly authorized officials APPROVED AS TO FORM ANGELAK WASHINGTON, Interim Ci Attorney BY Assistant City Atto eYY gubmittedto t1 AV TEXAS PARKS AND WILDLIFE DEPARTMENT BY Jgr4 0P*( I *U— drew Sansom, Executive Director CITY OF DALLAS TEODORO 7 BE AV ES Cit Manager BY Assista ity Manager Page - 3 - ATTEST BY e G Jennifer Walters, City Secretary APPROVED AS TO LEGAL FORM HER IWA CITY�F DENTON, TEXAS BY Mich el V e , City Manager Page - 4 -