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HomeMy WebLinkAboutR2025-118 20250728RESOLUTION NO. R2025-118 A Resolution of the City Council of the City of Pearland, Texas, supporting the City of Pearland’s application to the Texas Parks and Wildlife Department (TPWD) Local Parks Grants Program call for projects. WHEREAS, TPWD issued a call for projects in May 2025 for communities to apply for funding assistance through the Local Parks Grant Program; and WHEREAS, the Program funds may be used for the acquisition and development of public recreation areas and facilities. The Program funds require a local match of 50%, comprised of cash. The City of Pearland would be responsible for all non-reimbursable costs and 100% of overruns, if any, for Program funds; and, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City Council supports funding the projects as described in the 2025 Program Application (including the preliminary engineering budget, if any, construction budget, the department’s direct state cost for oversight, and the required local match, if any) and is willing to commit to the project’s development, implementation, construction, maintenance, management, and financing. The City of Pearland is willing and able to enter into an agreement with the department by resolution or ordinance, should the project be selected for funding. PASSED, APPROVED and ADOPTED this the 28th day of July, A.D., 2025. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY Docusign Envelope ID: 8EFE0C5D-67A8-4F2D-9834-B8B084F43455 PWD 1069C – P4000 (06/2017) Local Park Grant Program Applicant’s Certification & Program Assurances As the duly authorized representative of the sponsor designated in the Resolution Section 3, I certify that the Applicant: 1. Has complied with all pertinent local and state laws, and Local Parks Grants Program requirements regarding public hearings, including floodplain development, if appropriate. 2. Has the required proportionate share of funds available and sufficient for the project as required by Section 13.309 of the Parks and Wildlife Code. 3. Will maintain and operate areas acquired or developed with program assistance at sponsor expense as required by Section 13.309 of the Parks & Wildlife Code. 4. Will permanently dedicate for public park and recreation use all project area(s) which receive program assistance, as required by Chapter 640.1.2 of the Local Park Grant Program Manual. 5. Has the legal authority to apply for program assistance and the institutional, managerial and financial capability to ensure proper planning, management and completion of the project described in this application. 6. Will give the State of Texas, hereafter referred to as “State,” through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 7. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the Texas Parks & Wildlife Department, and will record any federal interest in the title of real property in accordance with U. S. Department of Interior directives. 8. Will dedicate and permanently maintain any property designated as a natural area, wetland, or open space to meet program guidelines. 9. Will comply with all provisions of the “Summary of Guidelines for Administration of Local Park Grant Acquisition & Development Projects.” 10. Will comply with the requirements of the Department with regard to the drafting, review and approval of construction plans and specifications. 11. Will obtain all required state and/or federal permits related to project development. 12. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the completed work conforms to the approved plans and specifications. 13. Will furnish quarterly progress reports and such other information as may be required by the Department. 14. Will initiate and complete the work within the applicable time frame after receipt of approval from the Department. 15. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. Docusign Envelope ID: 8EFE0C5D-67A8-4F2D-9834-B8B084F43455 PWD 1069C – P4000 (06/2017) Applicant’s Certification & Program Assurances - Continued 16. Will comply with all State and Federal statues relating to non-discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1686) which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which prohibits discrimination on the basis of age; (e) any other non-discrimination provisions in the specific statute(s) under which application for program assistance is being made, and (f) the requirements of any other non-discrimination statute(s) which may apply to the application. 17. Will comply with the flood insurance purchase requirements of Section 4012(a) of the Flood Disaster Protection Act of 1973 which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance in an amount at least equal to its development or project cost. 18. Will comply with environmental standards which may be prescribed to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuance to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplain in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S. C. §§ 1451 et seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.);(g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 19. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 20. Will assist the Department in assuring compliance with the Texas Antiquities Code. 21. Will cause to be performed the required financial and compliance audits in accordance with the state or federal Single Audit requirements. 22. Will comply with all applicable requirements of all other State and Federal laws, regulations and policies governing this program. Sponsor/ Project Name Signature of Official Authorized in Resolution Print Name and Title of Official Date Docusign Envelope ID: 8EFE0C5D-67A8-4F2D-9834-B8B084F43455 Trent Epperson City Manager 7/29/2025 | 12:14 PM CDT