19-009S:\LegaI\0ur 1.)ocumerits\OrdiF1ances\19\'I'IIDW Agreement for Range Crcek - FINAI-doex
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Whereas, the City of Denton ("City") and Texas Parks and Wildlife Department ("TPWD")
originally entered into Project Cooperative Agreement for the Range Creek Wetlands on August
23,2001;and
Whereas, the City and TPWD are interested in protecting existing wetlands and preserving
public hunting within the Range Creek Public Hunting Area ("RCPHA"); and
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REN 1K, 11 1-K A I I -
public hunting permits for the RRPHL, including the RCPHA; and
Whereas, TPWD will ensure that all public hunting rules, regulations, and guidelines are
enforced; and
Whereas, public activities, other than hunting will be determined and administered by the
City of Denton; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
herein by reference as true and as if fully set forth in the body of this ordinance.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute on behalf
of the City the Cooperative Agreement between the City of Denton and Texas Parks and Wildlife
establishing the Range Creek Public Hunting Area, a copy of which is attached hereto as Exhibit
and made a part hereof for all purposes.
SECTION 3. The City Manager, or his designee, is further authorized to carry out all duties
and obligations to be performed by the City under the Agreement.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
The motion to a prove this Ordinance was made by �'p
s and
seconded by 0,the Ordinance was oted and approved by
1 TU i a
the following vote-'[—
Abe Nia Abstaiii, Absent
Chris Watts, Mayor:
. . ....................................
S:\Legal\Our Documents\Ordinances\19\TPDW Agreement for Range Creek - FINAL.docx
Gerard Hudspeth, District 1: _....
Keely G. Briggs, District 2:_
Don Duff, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5: _ _4
Paul Meltzer, At Large Place 6: _ITITIT
PASSED AND APPROVED this the �fL day of// 2019.
_.1....... .
--- - --- . ..................... ----
CHRIS TS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
............... ....... ......
�. �m..
� W
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: ,.
COOPERATIVE AGREEMENT
Between
CITY OF DENTON and
TEXAS PARKS AND WILDLIFE DEPARTMENT
Establishing the
RANGE CREEK PUBLIC HUNTING AREA
I/l/19
This Cooperative Agreement (the "Agreement") between the City of Denton, a Texas home -rule municipal corporation
("Denton"), and Texas Parks and Wildlife Department (TPWD") is for the designation and management of the Range Creek
Public Hunting Area ("RCPHA") and is to be effective beginning &pqqry ],,_201o _rb bo upon si natu e h jjgrtiq�
y
whichever is later, pursuant to the Interlocal Cooperation Act, Chapter 791 of the Government Code.
1. AREADESCRIPTION
— - — ----------- DESCRIPTION_
. ... . . ................................ .. .
The parties hereby designate the following land as the RCPHA, an area to be administered as part of a public hunting program,
along with the adjacent Lake Ray Roberts Public Hunting Area (RRPHA). The RCPHA consists of wetlands, flood plains, dry
land, and shoreline, northeast of and adjacent to the waters of Lake Ray Roberts (formerly Aubrey Lake). RCPHA is under
U.S. Army Corps of Engineers ("USACE") ownership.
The RRPHA is depicted in a map in Exhibit A. The RCPHA is depicted in a map in Exhibit B, and described in contract
#DACW63-80-C-0 107, CONTRACT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF DENTON
TEXAS FOR RECREATIONAL DEVELOPMENT AT AUBREY AND LEWISVILLE LAKES, TEXAS.
2. S-C1.0RE
It is agreed that:
A. Denton and TPWD enter into this Agreement to help protect wetlands and surrounding area, and to preserve public
hunting within the RCPHA. The parties understand that, without this Agreement, the users and the habitat in RCPHA
could be negatively impacted by a lack of rules, guidelines, and oversight for public use
B. TPWD will operate the RCPHA as a portion of the Ray Roberts Public Hunting Lands ("RRPHL").
C. TPWD will develop and/or improve public access points at three locations, as more fully described in Exhibit C
attached hereto, and will administer public hunting permits for the RRPHL area, including the RCPHA,
D. TPWD will administer public hunting on the RRPHL, including RCPHA, under regulations established by the
Public Lands Proclamation and specified in the most recent edition of the Public Hunting Lands Map Booklet.
E. Hunting for designated legal species by defined means and dates as specified in the current Public Hunting Lands
Map Booklet shall be allowed on the RRPHL, including the RCPHA
F. Persons hunting on the RRPHL and RCPHA must possess avalid TPWD hunting license and a current Annual Public
Hunting Permit.
G. Public activities, other than hunting, in the RCPHA will be determined and administered by Denton and will not be
subject to regulations established by the Public Lands Proclamation as specified in the current Public Hunting Lands
Map Booklet.
H. TPWD shall retain revenue generated from the sale of Annual Public Hunting Permits for hunting activity on the
RRPHL and RCPHA.
1, TPWD may work with a non-profit conservation organization to complete any and all maintenance, public access needs, and
improvements associated with RCPHA and RRPHL as outlined in this Agreement.
authorityA. Adopt season dates, methods, and rules for public hunts from TPWD established county wide seasons and b-"
limits, under the of s 1, Parks+ Wildlife Code. I
B. Develop or enhance public access points at three locations at Range Creek as described in
Exhibit C.
C. Provide, erect, and maintain boundary markers sufficient to identify the RCPHA as part of the RRPHL.
D. Provide for enforcement of state wildlife laws on the public hunting area.
RESPONSIBILITIES4. JOINT . PARKS i DEPARTMENT/CITY
i
A. Conduct surveillance of the RCPHA, as appropriate, and report items of concern to the responsible agency.
B. Provide information to the public regarding hunting and general use regulations applicable to the public hunting area.
This agreement shall become effective Janury 1, 2018, or upon signature by both parties, whichever is later, and shall
terminate on April 30, 2025.
An extension to this agreement may be granted with prior written approval by TPWD. Any extensions shall be at the
same terms and conditions, plus any approved changes.
'MOVIRISJUNW00041MU
,L,°,ex as Ndilic lidornralkIn Act: Denton is responsible for complying with the provisions of Chapter 552 of the Texas
Government Code (Texas Public Information Act) and the Attorney General Opinions issued under that statute. If Denton
receives any requests for information created pursuant to or that pertains to this contract, Denton will immediately notify
TPWD, no later than three (3) business days after receiving the request. No public disclosures or news releases pertaining
to this contract shall be made without prior written approval of TPWD as allowed by the laws of the State of Texas.
T;erillination lr,,tt��_D 1 a_u11 Either party may, by written notice of default to the other party, terminate this Contract, in whole
or in part, for cause if said party fails to perform in full compliance with the contract requirements, through no fault of the
non -defaulting party. The non -defaulting party will provide a thirty (30) day written notice of termination to the defaulting
party of intent to terminate, and will provide the defaulting party with an opportunity for consultation with the non -
defaulting party prior to termination.
Q'I'$i,cai_I_,11 .: The parties will comply with all applicable law and regulations in acting under this Agreement and all
subagreements.
E _ ;brdu� dmis: The Agreement supersedes all prior agreements, written or oral, between Denton and
a;wltJr�c _gr en"ICib1 Mod
TWPD and will constitute the entire Agreement and understanding between the parties with respect to the subject matter
hereof. The Agreement and each of its provisions will be binding upon the parties and may not be waived, modified,
amended or altered except by a writing signed by TWPD and Denton.
--- rqtic ----- al,i r�r,w��.iui,epg P ��u : This Agreement shall be governed by the laws of the State of Texas. The proper place of
venue for suit on or in respect of the Agreement shall be Travis County.
Executed this day of January, 2019, by the undersigned, duly authorized individuals on behalf of their respective
agencies.
CITY OF DENTON
( VW.Mw....
By: Todd Hileman, City Manager
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
obligations ,end cosiness terms.
Signature
f l i' �
Title
Department e
Date Signed:.__ ° _.�.._........__.
ATTEST:
Jennifer Walters, City Secretary
Approved as to Legal Form:
Aaron Leal, City Attorney
oU,
�.�
Br " P
TEXAS PARKS & WILDLIFE DEPARTMENT
ate
By: Clayton Wolf, Director of Wildlife Division Date
Exhibit A
Lake Ray Roberts
EXHIBIT B
Range Creek Public Hunting Area
EXHIBIT C
Range Creek Public Hunting Access Projects
The following access project plans are included in the current 2018 Annual Plan for the Ray Roberts Public Hunting Area
(Lands).
Project #7
Hart Lane Access Project — GPS Location: ............. 33° 30' 12.12 North by 95' 53' 17.03 West
See attached pictures, designs and descriptions provided below. All project elements are approximate in the described size,
scope and location.
All items of work will be accomplished, using materials and workmanship of equal or better quality as those typically used
on public access points for similar project installations at the Lake Ray Roberts project. In the event that such materials are
not available, then new or replacement materials must be of a quality and installed with methods and workmanship,
according to the attached Appendix A - U.S. Army Corps of Engineers Specifications for Vegetation Clearing, Fence and Gate
Building.
Mange Creek Locator for Hart Lane Access
Debris/trash Cleanup/removal
There is some household trash/debris, etc. required to be removed from this area, both in the parking area, at the trail(s)
entry.
Signage
A sign to identify the access location should be placed at the parking area.
Vegetation Management
Clear encroaching vegetation from parking area. Do not cut down or remove trees without specific permission/approval to do
so on a case -by -case basis. Using loppers to trim brush and limbs is okay, as long as any cuts to tree limbs are sprayed or
painted with an appropriate pruning treatment spray.
Parking Area
The parking area appears to be in good condition. The access area requires installation of a new walk-thru and recondition of
old existing walk-thru
Barbed Wire Fence
The barbed wire fence appears to be no longer necessary as there are no cattle on the property and there appears to be
sufficient growth of trees and brush to exclude entry of vehicles outside of the parking area.
Hart Lane Access Project Plan:
Project #8
Welsh School Road Access Project — GPS Location: _33° 30' 41.64 North by 96' 53' 16.99 West
See attached pictures, designs and descriptions provided below. All project elements are approximate in the described size,
scope and location.
All items of work will be accomplished, using materials and workmanship of equal or better quality as those typically used
on public access points for similar project installations at the Lake Ray Roberts project. In the event that such materials are
not available, then new or replacement materials must be of a quality and installed with methods and workmanship,
according to the attached Appendix A - U.S. Army Corps of Engineers Specifications for Vegetation Clearing, Fence and Gate
Building.
Range Creek Locator for Welch School Road Access
Debris/trash Cleanup/removal
There is some household trash/debris, etc. required to be removed from this area, both in the parking area, and trail entry
Signage
A sign to identify the access location should be placed at the parking area
Vegetation Management
Clear encroaching vegetation from parking area. Do not cut down or remove trees without specific permission/approval to do
so on a case -by -case basis. Using loppers to trim brush and limbs is okay, as long as any cuts to tree limbs are sprayed or
painted with an appropriate pruning treatment spray.
Parking Area
This parking area appears to be in good surface condition.
Welsh School Road Access Project Plan:
Project #9
Horse Shoe Road Access Project — GPS Location: _33° 30' 30.20 North by 96' 52' 03.29 West
See attached pictures, designs and descriptions provided below. All project elements are approximate in the described size,
scope and location.
All items of work will be accomplished, using materials and workmanship of equal or better quality as those typically used
on public access points for similar project installations at the Lake Ray Roberts project. In the event that such materials are
not available, then new or replacement materials must be of a quality and installed with methods and workmanship,
according to the attached Appendix A - U.S. Army Corps of Engineers Specifications for Vegetation Clearing, Fence and Gate
Building.
Horseshoe Road Access Locator
Debris/trash Cleanup/removal
There is some household trash/debris, etc. required to be removed from this area, both in the parking area, and at the trail
entry.
Signage
A sign to identify the access location should be placed on the road..
Vegetation Management
Clear encroaching vegetation from the new parking area. Do not cut down or remove trees without specific
permission/approval to do so on a case -by -case basis. Using loppers to trim brush and limbs is okay, as long as any cuts to tree
limbs are sprayed or painted with an appropriate pruning treatment spray.
Parking Area
This Public Access point on Horseshoe Road Area at Lake Ray Roberts, requires installation of a 5,000 sq ft parking area, with
pipe fence surrounding the parking area and leaving an open drive in/out. It will provide as follows:
1) Install 5,000 sq ft road base parking surface.
2) Install approx. 290 feet of pipe fence around 5,000 sq ft parking area.
3) Install a visitor "walk-thru" on the northwest corner, for foot traffic to trail.
4) Assess advisability of installing another visitor walk thru on the east side of Horseshoe Rd., across from the new parking
area.
5) Install an "emergency vehicle gate" on the north side to allow emergency vehicle entry. This gate should swing and be
lockable.
Horse Shoe Road Access Project Plan: