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22-270
22-270ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON APPROVING THREE AMENDMENTS TONATURAL RESOURCES CONSERVATION SERVICE WATERSHED AGREEMENTS RELATED TO FLOOD CONTROL, DRAINAGE, AND IMPROVEMENTS TO ADD THECOLE RANCH IMPROVEMENT 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 proposedimprovement, 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, ColeRanch 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. 12 and 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 Ey]T ; aIT:::-5J is or manGe was Ttle =dinan::'::s pas='/rId approveda Eythe following vote U - U : ~)I ,/ ,/J \/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 Meltzer, At Large Place 6: Page 2 of 3 ATTEST: ROSA RIOS, CITY SECRETARY \\\111111/ le P2/ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Mack,kJ;;iT=01.27 12:07:06 Page 3 of 3 SECOND SUPPLEMENTAL WATERSHED AGREEMENr For HIckory Creek (THraty River) Watershed Project, TexasStructures and Reservoirs No. 12 and 13 Since the original watershed agreement was signed on June 7, 1968, and was last supplemented on September 14, 1971 {“Origjnal Agreement“), it has become necessary to modify that agreement and work plan1 as to Floodwatu Retarding Structures 12 and 13 by adding the Cole Ranch ImprovemuR District No. 1 of Dalton County, Texas (the “Cole Ranch District")as a Sponsor with certain shared rnponsibilities with the Denton County Soil and Water Conservation District No. 547 (“DCSWCIY’) with regard to those skuctww, as described huein. For purposes of this Second Supplemental Watershed Agreement (“Amended Watershed Agnanart’), the turns “Structure" and “Floodwatu Retarding Structure“ shall include the dam, its associated impoundment, reservoir, outfall, and filling basin for FloodwaterRetarding 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. Thue are two Structures subject to the Origina] Agreement and associated workplan that are located wholly within the boundaries of the Cole Ranch District - Floodwater Retarding Sauctura Nos. 12 and 13. The Cole Ranch District dnires to beoome a Sponsor ofthese Structures under the this Amarded Watershed Agreement and associated work plan (specifically, the Work Plan for Watershed Protection and Flood Prevartion – Hickory CreekWatershed, dated October 1966) in accordance with the Watershed Protection and Flood Prevention Act (the “Act’).3 DCSWCD agrees that, pursuant to this Amended WatershedAHeement, the Cole Ranch District shall be a co-sponsor jointly with DCSWCD for theFloodwatu Retarding Structures. Thaefon, the watershed agreement and work plan are hereby modified to add the Cole Ranch District as a Sponsor of the Hickory Creek Watershed (Trinity River) Project as toFloodwater Retarding Structures, with all rights, powers, and duties over those Structures granted to the sponsor ©ouP under the Original Agreement and associated work plan, along with the Act,its implementing nwlations, and/or National Resources Conservation Service guidance materials,The Cole Ranch District will have primary operation and maintenance responsibilities forStructures 12 and 13 and associated nservoirs, as outlined sq)arate ly in the Second Amended Operation and Maintenance Agreement for Structural Measures and in the Partial Assignment and Partial Release of Access Basements and Agreements Relating to Flood Control, Drainage and Improvements. In addition, DCSWCD aonsents to the Cole Ranch District as a Sponsor with all 1 The w8tenhed won plan was prepared by the Soil Conservation Service, with the sponsors acting as particip8dngagencies, in October 1966. : The Cole Ranch District was created during the 86th Regular Session of the Texas l#8islature through passage ofH.B. 4693 and codi6ed under Chapter 3981, Special District Local Laws Code ("District Act") for the benefit o-f the public and fOF public Wposes. TIle District operates as a Municipal Managemalt District pursuant to the District Actand Chapter 375, Local Government Code.1 Public Law 83.566, 16 U.S.C. g 1001 a. nq. Second Supplemental Watershed AgreementFor Hickory Creek (Trinity River) Watershed. TvcasStructures and Reservoirs No. 12 and 13 Page / rights, powns, and duties specifically granted to DCSWCD undu this Amended Watershed Agr%mat and associated work plan, with regard to Floodwater Retarding Structwa The parties to this Amended Watershed Agreement do not intend for such Amarded Watershed AgreemaK 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 othw turns, conditions, and stipulations of the watushed agreement and/or work plannot modified herein ranain 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: A3oOeN, hEb 4 , ZoZI Denton County Soil and Water Conservation District No. 547 Title:C:H,q tArIq,p, Date:. If- If\ - IOI I Second Supplemental Watershed AgreementFor 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 theI)enton County Commissioners Court adopted at a meeting held on: January 6, 2022 on) 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, TexasStruatpes and Reservoirs No. 12 and 13 Page 3 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 theCity of Denton adopted at a meeting held on: February 1, 2022 City of Denton (Local Organization) „::. Date:k-2- ZX Second Supplemental Watershed 4greenHnl For Hickory Creek (TriniFy 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 meeting heldon NNunLortt,Zizl t District (Local Organization) By Title: Date: b !'It / / z r United S By: Title: Second Stpplemental Watershed &reement For Hickory Creek (FHnity River) Watershed, TexasStructures and Reservoirs No. 12 and 13 Page 4 q • SECOND AMENDED OPERATION AND MATNrENANCE AGREEMENFFOR STRUCTURAL &ngASURESStructnru and Ruewoirs Nos. 12 and 13 Sine the original operation and maintaraneeagreemmt fIX structural mmsun was madeon M&m and was last amaxled orr &®tM9® (as amended, the “BaseAgrmnaR”), it has bwome necessary to modify the Agreement as to Floodwatu Ret8rding Stnrctuns 12 and13 in the Hickoty Clmk (THnityRivn)Watushed Project by adding the Cole Ranch ImpmvmentDistrict No. i of Dm&in County, Twas (the 'Cole Ranch Distdct?) as a Sponsor with certainshared rnponsibilitin with the Dalton County Soil and Watu Consuvation District No. 547 (“DCSWCD’) with reprd to those structures, as d®anled hwin. For purposu of this Second Amarded Operation and Maintenance Agremlart forS&uctw81 Musura ('Second o&M Agrwnent’), the turns “Structure” and “Floodwater Retardiag S&uctue” shall include the dam, its associated impouadmenl nsuvoir, outfall, and filling basin forFloodwatn Retarding StIVctura Nos. 12 and 13. The Cole Ranch District is a political subdivision of the State ofTocas.1 it was muted to facilitate a land developmart project oovning approximately 3,200 acm of land in Denton County, Twas. 1:hue are two Structures subject to the Base AgnmaIt that are locatai wholly within the boundaries of the Cole Ranch District - Floodwater Rotarxlf ng Stmctwa Nos. 12 and 13. The Cole Ranch District dara to beoome a Sponsor of these s&uctura undu the separatelyexecuted Swond Supplemartal Watershed Agreeurart for Hickory Creek (Trinity River)Watershed Pmj nt, Texas, in acwrdance with the Watushed Protection and Flood Prevention Act(the “Act”),2 and as desuibed huein. Themfon, the Base Agreanwt is hereby modified to add the Cole Ranch District as aSponsor of the Hickory Creek WHushed (Trinity Rivu) Project as to Floodwater Retarding Structures, with all rights, powers, and duties cvn those S&uctwa granted to the sponsor group in tIle Base Am@ and without DCSWCD relinquishing any such rights, powus, and dud&that it maintains aon the Base A8reanm As betwml DCSWCD and the Cole Rxnch District, the Cole Ranch DistHd will have primary operation and maintarame rwponsibiHda for the Structwes, as outlined in the Base Agreeurart, and ratified by the parties to this Second O&M AmaR, and the Cole Ranch District shall undertake all 6nandal responsibility for such pHrnarY operation and maintenance rwponsibiHtiw for the Structw®, The parties to this Second O&M Agrwruart do not intuld for such S world O&M AWeat to lula in any dhanga in arvironmartal eRects that would require a Plan-EA orPlarbEIS LP:9:BlIEf 1::::dB:::::i][::=:I1:3 ::: 3d;}}}\ !! iS ;::i::tel11;===1::::: soiJEB::::?;::[:: Wt?I+ wI fupbHc WW. The District qenta as a Municipal ManagmmDjgaict pun;rant to the Djgaict Actand Cllql8Hr 375, IAx:alCove„went Code : Public Law 83.566, 16 U.S.C. g 1001 et seq. 1 This Second O&M Agrwnart shall be effective on the date signed by the NaturalRnourca Consuvation Suvic& The Dalwuth Soil and Water Cons@yation District is no lon8n a Sponsor under the Agreemart, and its ranoval as a Sponsor has bwr memodali2ed by that separate 8greemart, entitled First Amarded Watershed Agrwururt For the Hidkory Creek Watushed (Trinity Rivu),Texa& All othntams, conditions, and stipulations of the Agromart not modified herein remainthe same and in full force and effect.: The signing of this agreement was authorized by a raolution of the govuning body of the Denton County Soil and Water Consn%tion District No, 547 adopted at a meeting held on: N\oU£mBFX 4, AD&f Denton County Soil and Water Conservation District No. 547 Date: f /- rb - b saI TIle siMng of this agreement was authorized by a rwolution of the governirB body of the Denton County Commissioners Court adopted at a meeting held on: January 6, 2022 MI nM7 Title:BBI 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: FebruaIY 1, 2022 City of Denton on) By:Pi: Title:a Date The signing of this agreement was authorized by a resolution of the governing body of the =K=HBT:?#/“'i'tN" 1 'fD'-t'"C'-"tY’T'*-'’d'pt'd’t’'""t''B ‘ Cole Ranch Improvement District No. 1 of Denton County, Texas Organization) By Title: 2 Jf tv Date:_ it Naturnl Resour.ces Conservation Service United S By Title Date 29737054v.4 • q q 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. Thwe districts no longer have any rights, powers, duties, or responsibilities under the watershedagreement, 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 ResourcesConservation 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 the Denton County Soil and Water Conservatior} District Na 547 adopted at a meeting held on: K\not„,seE a , ao ZI Denton C_ounb( S.Qi13ncUV_@er Conservation District No. 547 (Local Organization)#'S„_-/b4,.By: Title: CHA rEaL4L & Date: //- IO ’ aD at The signing of this agreement was authorized by a resolution of the governing body of the Wise Soil and Water Conservation District adopted at a meeting held on: Wise Soil and Water Conservation District (Local Organization) By: Title: Date: First Amended Watershed Agreement For Hickory Creek (Trinity River) Watershedf Texas Page 1 FIRST AMENDED WATERSHED AGREEMENT For the Hickory Creek Watershed (Trinity River), Texas By Exchange of Correspondence Since the original watershed agreement was signed on June 7, 1968, and was last supplemented on $gplanbQr 14, 1971, it has become necessary to modify that agreement to continue opcndons and maintenance of the plan according to the following terms: Wise Soil and Water Conservation District and Dalworlh Soil and Water Conservation District are removed gs Co-Sponsors of the Hickory Creek Waterslred (Trinity River) Project. These districh no longer have any rights, powers, duties, or responsibiliti hq under the watershed agreement, work plan, opelution and maintenance agreement, and/or any other agreement betweenthe sponsors and/or the NRCS with regard to the Hickory Creek Watershed (Trinity River) Project. This amendment shall be efFective on the date signed by the Natural ResourcesCon8crvation Service. All other terms, condilions and stipulations of the watershed agreement not modified herein remain the same and are agreed to. The signing of this agreement wu authorized by a resoiution of the governing body of theDenton County Soil and WaIer e’on§er%tion District No. 547 adopted at a meeting held on: Denton County Soil and Watcr Conservation District No. 547 (Local Organization) By:a===• Title: Date: The signing of this agreement was authorized by a raolution of the governing body of the Wjsq Soil and Water (,'QnsewatiQn pistrjg! adopted at a meeting held on: /! pf /,-da Wise Soil and, Water <;Qn$erva lion Djstrict ed a +4/kU By'r t Local On iz&tion) B,: a# ).'/z.,,k. L/.q' z/ FIrst Amended Watershed Agreement For Hickory Creek fTrinity River) Watershed, Texas Page i The signing oflhis agnclncnt was authorized by a rcsolution of the governing body of the DaIweinh Soil and Water Conservation District adopted at a meeting held on: /6,dada Dalworth S(IiI and Water Caqscrvalion District (Local Organization)utah 1-itle:bILL CJ!&£AKmV LII k IIt/ b\Date The signing of this agnelnent was authorized by a resolution of the governing body of the Penton Cwt IIII Conultissioners Coun adopted at a meeting held on: Denton County Commissioners Court (Local Organization) Title: Date: The signing of this agreement u as authorized by a resolution of the governing body of the City of Denton adopted at a meeting held on: City of Den+on f Local Organization) By: Fide; Date: First Amended Watershed Agreement For Hickory Creek (Trinity River) Watershed, Texas Page 2 The signing of this agreement was authorized by a resolution of the governing body of the Dalworth Soil and Watgr Conservation Dis_tact adopted at a meeting held on: Dalworth Soil and Water Conservation District (Local Organization) By: Title:nn•=• Date: 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: January 6, 2022 Title: Date: The signing of this agreelnent was authorized by a resolution of the governing body of the gap[Dental! 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 ? The signing of this agnement was authorized by a resolution of the governing body of the DIlworth Sojl and Water CQn§eN4tiQn 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 DentoD County Commissioners Court adopted at a meeting held on: Denton County Co.mlnissioners Court (Local Organization) By: Title: Date: The signing of this agreement was authorized by a resolution of the governing body of the cia .of_l>cnt9n adopted at a meeting held on: February 1, 2022 City of Denton (Local Organization) By: Titl Date: First Amended Watershed Agreement FOr Hickory Creek fTrinlty River) Watershed, Texas Page 2 ConserVation _SeaicqavLIe United States D It of Agriculture Title: State Conservationist Date: 3 -no,& First Amended Watershed Agreement For Hickory Creek (Trinity River) Watershed, Texas Page 3