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1999-165 O ANCENO 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 C~ty Manager ~s hereby authorized to execute Supplement Agreement No 1 to the Park Management Contract between the Texas Parks and Wlldhfe Department and the C~Ues of Dallas and Denton, Texas, a copy of which is attached hereto and incorporated by reference hereto SECTION II. That the C~ty Manager is further authorized to take the action and make any expen&tures reqmred by the attached Agreement SECTION III That tins ordinance shall become effective ~mme&ately upon 1ts passage and approval PASSED AND APPROVED thIs the /~---/~ dayof ~r/~ ,1999 JAC~Id~LgR, MAYOR - ATTEST' JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY SUPPLEMENTAL AGREEMENT NO 1 PARK MANAGEMENT CONTRACT BETWEEN TEXAS PARKS AND WILDLIFE DEPARTMENT AND THE CITIES OF DALLAS AND DENTON, TEXAS Th~s Supplemental Agreement No 1 to that certain Park Management Contract dated June 3, 1991 COngmal Contract") made and entered into by and between the Crees of Dallas and Denton, Texas (hereinafter called "Crees") and the Texas Parks and Wildhfe Department ("TPWD") each party acting through duly authorized WITNESSETH WHEREAS, the construction of Ray Roberts Lake (heremal~er called the "Project") was authorized by the Paver and Harbor Act of 1965 (Public Law 89-298, 79 Stat 1091), and WHEREAS, the Crees have contracted with the United States of America (heremai~er 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 faciht~es provided for such purposes, and WHEREAS, the Cxties 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 facihtles lease") was entered into by and between the Government and the Cities m conjunction with the above contracts, whereby the Crees were granted the use and occupancy of approximately 4,238 acres of land and water for pubhc 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 admlmster park lands such as those on the Project under the recreational facdmes 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 recogmzmg the recreational potential and suitability of the Project for State Park purposes, entered into a contract with the Crees dated June 3, 1991, and assumed management, operation, maintenance, and replacement responsxbihties for designated park areas and access points, and WHEREAS, the C;ties and the Government entered into Supplemental Agreement No 1 to recreational facllmes, 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 hereai~er referred to as the "Greenbelt," and WHEREAS, TPWD wishes to assume addit~onal management, operation, maintenance, and replacement responsibdmes to manage and preserve the Greenbelt, which includes the conservation easement as required by Supplemental Agreement No 1 to the recreational facllmes lease Page- 1 - NOW, THEREFORE, by mutual agreement of the parties hereto, the Ongmal Contract ms amended m the following respects only 1 All references to "Exhtbtt A" m the Original Contract are amended to read "Exhib~t A and Exh~btt E" (the lease and Supplemental Agreement No 1 to the lease) A map showtng the locatton and general descnptton of the Greenbelt and the wetlands development areas is attached to and made a part ofth~s Supplemental Agreement as Exhibit "A-1" 2 Paragraph 1 of the Original Contract ~s amended to read as follows "TPWD shall be responsible for all the operation, mmntenance, and replacement responslbd~t~es of the Crees under Contracts DACW63-80-C-0106 and DACW63-80-C- 0107, and the additional Project lands that include the Greenbelt mentioned m the Supplemental Agreement No 1 to the lease and which are more fully shown on the attached Exhxb~t "A-l," whtch ~s attached to and made a part of th~s contract as if written word for word herein A Growth Management Plan wall be developed by the Cities, which will address and formulate water quahty, recreation, development, and growth gmdehnes in coordination w~th TPWD When completed, the Growth management Plan will be attached and made a part ofth~s Agreement for all purposes, and TPWD will use the Plan as a gmdehne m its operation, maintenance, and replacement responsibdit~es under thins Agreement TPWD further agrees to contact and consult with the Cities for all capital ~mprovemants that mtght affect water quahty of the lake TPWD wall assume said responsibdmes only when each park or access point ms fenced and the facflmes are complete and accepted by the C~t~es TPWD shall not be obhgated to operate and mmntmn lands, structures, facdit~es such as dams, spdlways, and outlet works required for control and regulation of the waters stored in the reservmr, the access road to the dam, or any project ws~tor facdmes constructed m conjunctmn wtth these works TPWD shall be responsmble for trash removal on all Project lands subject to th~s Agreement TPWD shall comply with all apphcable laws, including, wmthout hm~tat~on, the Clean Water Act and the Safe Drinking Water Act to prevent the ~mpmrment of water quahty" 3 Paragraph 6 of the Original Contract ts amended to read as follows "TPWD shall contact the Cities prior to making ~mtial contact w~th potentml contractors for capital tmprovements and with prior review and approval of the Government and the Cit~es, TPWD may grant subleases for all or portmons of the Project lands for purposes that are consistent w~th th~s Contract Concessmons, hcenses, concession contracts, subleases, and other agreements shall be consistent with a Growth Management Plan to be developed by the C~tles TPWD shall submit all contracts and subleases, plans and specfficat~ons, and other documents showing the design and constructton of other recreational famlmes to the C~t~es for review and approval prior to granting same The Crees wall have s~xty (60) days to review and approve or &sapprove such documents, whmh approval shall not be unreasonably w~thheld W~thm that sixty (60) day period the C~t~es will submit any comments, requests for changes or questions concerning the documents m writing to TPWD If the Cities do not mdmate ~n writing their approval or &sapproval of the documents within the s~xty (60) day period, TPWD may assume the submttted documents are approved All such contracts and subleases shall be consistent with the terms and con&t~ons of Exhibit A (the lease, as amended) whmh shall be incorporated mnto each document for reference and the Master Plan" Page- 2- 4 The Original Contract ~s amended to add new Paragraphs 12 and 13 as follows "12 TPWD shall prov, de the C,tles the Ray Roberts State Annual Plan of Operation and maintenance ("Annual Plan") on recreational acuvlttes at Ray Roberts Lake, including but not limited to operation and mmntenance acUwues, ws,tauon, revenues generated, expenses and other recreaUonal act~wUes related to comphance with th~s Contract TPWD will also subm,t to the CxUes the Annual Plan on recreaUonal act~v~nes at Ray Roberts Lake, incorporating the Greenbelt Master Plan, no later than s~xty (60) days after the end of each fiscal year 13 The C~ty of Denton shall be responsible for the operaUon, maintenance, and replacement respons~bfltty of the wetlands management areas Denton shall provide an annual written report regarding the wetlands management areas to Dallas vathln s~xty (60) days after the end of Denton's fiscal year The written annual report should generally describe Denton's act~wt,es m the past year under th~s paragraph and present any ~ssues or problems that reqmre d,scuss~on or joint dec~slon by the C~tleS A copy of the annual report shall be sent to the Government, through the U S Army Corps of Engineers, Fort Worth D~stnct Office" 5 Except as amended hereby, all other terms, provmons, cond~Uons, and obhgations of the original contract between the C~t~es and TPWD shall remmn m full force and effect, and the Original Contract, as same may have been previously amended, and th~s Supplemental Agreement No 1 shall be construed together as a single contractual agreement 6 If any sect,on, subsection, paragraph, sentence, clause, phrase, or word ~n th~s Supplemental Agreement No 1, or apphcauon thereof to any person or ctreumstance ~s held mvahd by any court of competent junsdmUon, such holding shall not affect the vah&ty of the remmnmg portions of th~s Supplemental Agreement No 1, and the part,es hereto hereby declare that they would have enacted such remmmng pomons despite any such ~nvahdlty EXECUTED as of the /~) -tr~day of (Y~ , 1999, by the C,t~es, s,gmng by and through their duly authorized officmls, and by TP~D, ~{ctmg through ~ts duly authorized officials TEXAS PARKS AND WILDLIFE DEPARTMENT APPROVED AS TO FORM CITY OF DALLAS ANGELA K WASHINGTON, TEODORO J BEI~AVI~ES.~~C~t~ Interim C~t~ Attorney _ Manager //~ ~[ ~/I// Page - 3 - ATTEST CITY"C~ DENTON, TEXAS APPROVED AS TO LEGAL FORM HERBERT W PROUTY, C~tl/A~tomey Page- 4 -