22-162RESOLUTIONNO. 22-162
A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TOENTER INTO A MEMORANDUM OF UNDERSTANDING FOR THE LEWISVILLE LAKEPADDLING TRAIL COLLABORATION PROJECT WITH THE CITY OF CORINTH, TOWNOF HICKORY CREEK, CITY OF HIGHLAND VILLAGE, CITY OF LEWISVILLE, TOWN OFLITTLE ELM, CITY OF THE COLONY, AND UNITED STATES ARMY CORPS OFENGINEERS; AND DECLARiNG 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 theLewisville 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\iSO A Plc'\. , r , ,nd „,,„d,d
by arT„ A -Bc, it , the resolutmm=aTJp==itithe following
vote Ll - OJ:
Aye 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 :
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PASSED AND APPROVED this the IS+ dayof ELf,,'-r'y‘. 2022
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY ?'Si)'pie{
=.a ,_ Gelb2 2
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY:
DocuSign Envelope ID: CEFAD8DB-8FCA4845-9681-DCBA63439429
Memorandum of Understanding
Lewisville 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 of
Highland Village Parks and Recreation Department, the City of Lewisville Parks andRecreation Department, and the Town of Little Elm Parks and Recreation Department,
(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 toor 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:
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I. VISION
The following shall constitute the vision statement that serve as the focus of the Agencies
in 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 Lewisville 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, private
developers, 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
actlvltles;
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;
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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.
5.
Connectivity: Trail systems that link communities, natural areas, and
people as a means of recreation and transportation.
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 :
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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 and
maintenance 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 anddisseminate 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 MOU that specifically fall within the Agency’s jurisdiction.
E.
F.
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.
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.
H.The Agencies acknowledge and understand that the United States of America,
through the United States Army Corps of Engineers (the “Corps”) and some or all
of the Agencies are parties to leases relating to the use of federal lands aroundLewisville Lake for recreational and other permitted uses. Each Agency is
responsible for coordinating with the Corps regarding buoys and signs within such
Agency’s lease areas and adjacent areas of the Lake by submitting a letter of
request, design drawings, and map placement.
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V. 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 MOUupon 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 asparticipating parties to this MOU.
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 foranother 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 currentrevenues available to the paying Agency.
G.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 representative
of 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 thetenth (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
MEMORANDUM OF UNDERSTANDING: LEWISVILLE LAKE PADDLING TRAIL COLLABORATIONPROJECr
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MOU shall not become effective as to any Agency until the date the Agency
executes this MOU.
1.
J.
This MOU may be executed in any number of identical counterparts, each of which
shall 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.
Signatures on following pages.
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City of Denton
~:( ii:?i#
Name: Sara HensleY
Title. Clty Manager
Date: 10/12/2022
City of The Colony Parks and Recreation
Department
City of Corinth
'CknuSlgned bV.,:L 'a.g.=#,”
Name: Scott Campbe11
Title. C1 ty Manager
Date. 10/21/2022
Town of Hickory Creek
'DocuSigned by:.,:L th.a.#
Name. 30hn Smith
Title. Town AdminIstrator
Date. 10/25/2022
_T 3acki e KopsaName:
Title: CommunltY Serv1 ces D1 rector
Date: 10/12/2022
City of Highland Village Parks and Recreation
Department
Lewisville Parks and Recreation Department
in-DocuSigned by:
[ sade II~:nEil&;+,Phil Lozano, Parks and Recreation Director
10/12/2022Date: ’ ’
Name: Stacle AnaYa
Title. D1 rector
Date: 10/13/2022
Town of Little Elm Parks and Recreation
Department
DocuSigned by:.„:Lq#.fh&
Name. Chad Hyde
Title: Communrty Services D1 rector
Date: 10/21/2022
PAGE 7 MEMORANDUM OF UNDERSTANDING: LEWISVILLE LAKE PADDLING TRAIL COLLABORATIONPROJECT
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