2004-180ORDINANCE NO. 2004- // Z7
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, TO FILE AND TO
MAKE APPLICATION FOR THE FOLLOWING GRANTS: "CONTROL OF NONPOINT
SOURCE LOADS IN THE HICKORY CREEK SUB-BASIN OF THE LAKE LEWlSVILLE
WATERSHED AS A COMPONENT OF A WATERSHED-BASED WATER QUALITY
TRADING PROGRAM" (THE SECTION 319 GRANT) AND THE EXPANDED SCOPE
"WATERSHED PROTECTION PLAN FOR HICKORY CREEK SUB-BASIN OF THE LAKE
LEWISVILLE WATERSHED" THROUGH THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY, FROM THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY; AS WELL AS TO TAKE ALL OTHER AND FURTHER
ACTIONS NECESSARY AND ADVISABLE TO OBTAIN SUCH GRANT AND THE
EXPANSION THERETO; FURTHER TO COMPLY WITH THE PROJECT
REQUIREMENTS OF SUCH GRANT AND THE EXPANSION THERETO; AUTHORIZING
THE CITY MANAGER TO EXPEND AND TO TRANSFER FUNDS AS PROVIDED FOR IN
SUCH GRANT AND THE EXPANSION THERETO; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Watershed Protection Program of the City of Denton, Texas, has been
participating with Texas A&M University and CH2MHill Consultants on two §104(b)3 water
quality grants firom the United States Environmental Protection Agency ("USEPA") concerning
Lake Lewisville, with a view toward maintaining or improving water quality by establishing a
market for pollutant reduction credits, as there is a rapid amount of growth occurring in that area;
and
WHEREAS, the City of Denton, Texas, by and through its water utilities, have been
offered a further grant by the Texas Commission on Environmental Quality ("TCEQ"), subject to
the final approval of the USEPA, which grant is known as a §319 grant entitled: "Control of
Nonpoint Source Loads in the Hickory Creek Sub-Basin of the Lake Lewisville Watershed as a
Component of a Watershed-Based Water Quality Trading Program;" and
WHEREAS, the budget for the above-referenced §319 grant totals $603,144; the Federal
portion of this grant totals $361,886; the "non-Federal" share amounts to $241,258, of which the
TCEQ is willing to match Denton's share to the extent of $120,000; leaving Denton's
contribution for said grant to be $121,258; Staff desires to participate in this grant because it is in
the best interest of the City; and
WHEREAS, the City of Denton, Texas, by and through its water utilities, have been
offered a further expansion of the above referenced §319 grant by the TCEQ, subject to the final
approval of the USEPA, which grant is known as "Watershed Protection Plan for the Hickory
Creek Sub-Basin of the Lake Lewisville Watershed;" and
WHEREAS, the budget for the above-referenced expanded grant totals $238,980; the
Federal portion of this grant is $143,388; leaving Denton's contribution for said expansion to be
$95,592; Staff also desires to participate in this grant because it is in the best interest of the City;
and
WHEREAS, the City of Denton matching amount for the grant and expansion, total
$216,850, and will be comprised of the costs associated with the construction of "best
management practices" ("BMP") that are deemed most efficient during the first stage of the
project, and in-kind services associated with the monitoring currently being conducted by the
Watershed Protection Program; as data f~om many of the monitoring activities currently being
conducted by the Watershed Protection Program will be needed for this project, Staff expects
that in-kind services will represent a substantial component on Denton's matching fund
requirements; and
WHEREAS, the primary goal of these projects is to understand the nature of pollutant
loads to Hickory Creek as well as to examine the feasibility of taking measures to improve water
quality in advance of numerical criteria that could conceivably result in Lewisville Lake being
added to the §303(d) list of the State of Texas; and the City's participation in these grants will
produce many additional tangible benefits; and
WHEREAS, the City Council finds and concludes that application and performance of
the proposed grant and expansion would be in the public interest; NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. That the City Manager, or his designee, is authorized to file and to make
application for the grant and expansion thereof as is contained in the preamble to this ordinance.
That the preamble be and it is hereby incorporated by reference into this ordinance for all
purposes. That the City Manager, or his designee, shall act on behalf of the City of Denton,
Texas in all matters related to the application for grant and the extension referred to in the
preamble to this ordinance, as well as the project agreements and other documents that may
result therefrom.
SECTION 2. That if the grant and extension projects are funded, the City of Denton,
Texas will comply with the project requirements of the TCEQ and the USEPA; and that the
project funds shall be used only for the purposes intended under the grant and extension. That
the City Manager, or his designee, is authorized to take all other actions necessary to obtain and
administer this grant.
SECTION 3. That the City Manager, or his designee, is hereby authorized to make such
expenditures and transfers of fimds under such conditions as are required by the grant and
extension; further that the City Manager, or his designee, is authorized to make all expenditures
and transfers of funds on behalf of the City of Denton, Texas as regards its $216,850 matching
amount of fimds.
SECTION 4.
and approval.
PASSED AND APPROVED this the /~"L~///.day of
That this ordinance shall become effective immediately upon its passage
,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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