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R91-24 07-08-91 R~SOLUTION NO. R91-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE ADMINISTRATIVE STAFF TO REPRESENT AND ACT FOR THE CITY IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT. WHEREAS, the United States Congress has passed the Land and Water Use Conservation Act of 1965 (Public Law 88-578), authorizing the Secretary of the Interior %o provide financial assistance to %he states, and political subdivisions thereof, for outdoor recreation purposes; and WHEREAS, the Texas Legislature has adopted Section 13.301 et seq. Tex. Rev. Civ. Stat. Ann., Parks and Wildlife Code, for the purpose of allowing the State of Texas, and its political subdivisions, to participate in the Federal program established under said Public Law 88-578, or such other programs as are hereinafter established by the Federal Government; and WHEREAS, the City of Pearland is fully eligible to receive assistance under this Program; and WHEREAS, the City Council of the City of Pearland is desirous of authorizing its administrative staff to represent and act for the City in dealing with the Texas Parks and Wildlife Department concerning this Program; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City Council of the City of Pearland hereby certifies that the City of Pearland is eligible to receive assistance under Public Law 88-578, as augmented by Section 13.301 et seq., Tex. Rev. Civ. Stat. ~n., Parks and Wildlife Code. $_e~~ That the City Council hereby authorizes and directs the City Manager to represent and act for the City of Pearland in dealing with the Texas Parks and Wildlife Department for the purpose of this Program. The City Manager is hereby officially designated as the City's representative in this regard. ~ The City Council hereby designates its Director of Finance as the official authorized to serve as the City's fiscal officer to receive Federal funds for the purposes of this Program. Section 4. The City Council hereby specifically authorizes the City officials herein designated to make application to the Texas Parks and Wildlife Department concerning Phase II - Development of the McLean Road Parksite in the City of Pearland, to expand its use as a park site. That Pearland is hereby dedicated for public outdoor recreation purposes. PASSED, APPROVED and ADOPTED by the City Council of the City of Pearland, Texas on the___~__ day of ___~ , A. D., 1991. MAYOR, CITY OF PE~LAND, TEXAS ATTEST: APPROVED AS TO FORM: LESTER G. RORICK CITY ATTORNEY _ 9 °' J Of P©©rrII© d o *TEXAS* P. O. Box 2068 • Pearland. Texas 77588-2068 . 485-2411 C.V. (VIC) COPPINGER July 10, 1991 Mayor Mr. Jim Hogsett, Chief Grants-in-Aid Branch Texas Parks and Wildlife Dept. 4200 Smith School Road Austin, Texas 78744 Re: McLean Park Development Phase II Dear Mr. Hogsett: The City of Pearland, Brazoria County, State of Texas, wishes to develop 22 acres of 46 acres designated as Pearland McLean Road Park. This project includes utilities; access road, parking; ILest- room/concession/scorekeeper/storage building; fencing, lighting and ground work for two (2) softball fields.; pavilion; four (4) lighted tennis courts; one ( 1) football/soccer field; bleachers; water oun- tains; walkways and signs. • Pearland presently has one (1) fully developed City Park on the east side of town (Independence Park) . We feel that, due to the growth on the west side of town, there is sufficient cause to develop a City Park in that area. • Acquisition and partial development of McLean Park was achieved with a matching grant through the Texas Local Parks, Recreation and Open Space Fund Agreement. The City Council has authorized Mr. James 0. DeShazer, City Manager, to represent and act for the City in dealing with the Texas. Parks and Wildlife Department for the purpose of this Program. The City of Pearland greatly appreciates the assistance the State has rendered in the past and looks forward to again working with the State to enhance the "Quality of Life" for the citizens of Pearland. Sincerely, -e/Z/Li _ C. V. Coppinger, Mayor City of Pearland CVC/tjv FORM 424 Part I • OMB Approval No.03411-0043 APPLICATION FOR • 2.DATE SUSWFTED ApplicantIdent•Irer FEDERAL ASSISTANCE July, 1991 • I. TY7E OF WBssISSION. i DATE RECEIVED BY STATE State Applrutran IOentsher Applrcatio+t PreaDphcatrot2 • COrtstruCtrdn 0 Conslruclron ' 4.DATE RECErYED BY FEDERAL AGENCY Federal identifier (' ; 0 Non{,onstructron O Non.Cortstructron - • S. APPLICANT INFORMATION 1 ' Legal Name OrQSAJa one)Unit • McLean Park Development Phase II City of Pearland Parks Department Address(pica crh.county.slats.and Zip cod.) Name and telephone number of the person to b contacted on mallets involving 3523 Liberty Drive this apptcatron (pry.area code) Pearland, Brazoria County . Texas 77581 S. EMPLOYER 1DENTIFKATION,NUMBER MINI: I F. TYPE OF APPLICANT:(enter apPrODrrate tetM'an boa) IS 6 9 — 0 7 4 1 5 5 4 A Mate -H anoependent School Oat B County • I Slate Cont►orled Institution of MI her Learn"; C Munrctpal J Private Unr.ersI Y I. TYPE Of APPLICATION: D Township K I noun Tribe CC New O Contrnuatron ❑ Rews+on E Interstate I. Indrvrdual F Intermunrcrpal S Profit Organization + II Revision,enter appropriate latter(s)in 00'(es). ❑ ❑ G Spaual Orstrrct N Other(SOecdY) A Increase Award B.Decrease Award C Increase Duration' • 0 NOOKS*Ouraton Other(Spetdy) I. NAME OF FEDERAL AGENCY Texas Parks & Wildlife Department (Grants-In-Aid Branch) la. CATALOG Of FEDERAL DOMESTIC it. DESCRIPTIVE TITLE OF APPLICANTS PROJECT: ASSISTANCE NUMBER 1 5 a 9 1 . 6 • City of Pearland McLean Park Development TITLE. Outdoor Recreation, Acquisition, Phase II Development & Planning . AREAS AFFECTED BY PROJECT(cities.Counties.states.FCC.) r City of Pearland, West Side . in PROPOSED PROJECT. 14. CONGRESSIONAL DISTRICT=Or. (Provide State Legislative Districts also) 51a11Date Ending ate a A olcant . Congressional - 22 b Prgect . Sate Leg. - 17 & 25 Same IS ESTIMATED FUNDING Is.IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12317 PROCESS'! I a Federal S •QQ a YES THIS PREAPPLICATION,APPUCATION WAS MADE AVAILABLE TO THE . STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW Or: Houston/Galveston Area Council b Appfrunt S .00 DATE c State $ 363,933 AD . a NO ❑ PROGRAM t5 NOT COVERED BY E O 12372 d L0CJI $ 363,933 '00 0 GA PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REV:E►a e Other $ .00l• ft I. Program Income $ Ai 17. K TIE APPLICANT DELINOUENT ON AMY rictus.wen g TOTAL $ . 727,866 .00 0 Yes II 'Yes.'attach en aaplanalron- ® two • II. TO THE BEST of WY KNOWLEDGE AND{WEE.ALL DATA IN THIS AP►LICATIOHAREAPPLIC.AT10N AXE TRUE AND CORRECT.THE DOCUMENT HAS SEEN DULY. '--UTHORIZED BY THE GOVERNING BOOr or THE A►PLKANT AND THE AprocANT WILL COmPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED "TypeC Mama of Authcxrted Reprasentalrve D Ttlr c TereDihone men." JAMES 0: DESHAZER CITY MANAGER 713�.4 5-2411 d Sgnature or Author.ted Represenletrve e Oat,k ed /ir� JUNE .24, 1991 ,/� /' CC' Sunoa.0 Farr.did r3E• a•B! Fhe..as Fatrons hot ViaDre/ T . P.esc,oec A Ob;B ......•a• t-'Li • APPLICATION FORM - PART II - BUDGET INFORMATION SECTION A - .CALCULATION OF TOTAL PROJECT -COST - • * - COST 1. Land, Structures & Right-of-Way 2. Architectural/Engineering/Professional Services . $ 5,000 3. Demolition, Removal & Site Preparation • : - 4. Construction & Project ,Improvements • . . � ' $692,866 5. TOTAL (Add lines 1 through 4). • $697,866 . 6. Estimated Income (If applicable) . 7. NET PROJECT AMOUNT (Line 5 minus 6) • $697,86 8. Contingencies - $:30,00¢ 9. TOTAL PROJECT COST (Add lines 7 & 8) $727,866 • 10. Grant Request (50% of Line 9) " . : ' - $363,933 11. Grantee' s Matching Share (50% of Line 9) • $363,933 SECTION B - PROPOSED METHOD OF FINANCING GRANTEE' S SHARE (LOCAL MATCH) 1. Bonds 2. Appropriations (By Sponsor) - 3. Private Donations of Land 4. Private Donations of Cash - 5. Private Donations of Labor, Equipment, Materials 6. In-House Labor, Equipment, Materials 7. Federal Funds/Grants (Specify) 8. Other (Specify) Cg rtificates of Obligation $363,933 9. TOTAL GRANTEE SHARE (Add Lines 1 through 8) $363,933 • • SECTION C - EXPLANATIONS - a C PROGRAM NARRATIVE OBJECTIVES AND NEEDS The City of Pearland is steadily growing, although slowed down by the decline of the oil industry. The 1990 Census listed Pearland as having a population of 18,645, along with an estimated 15,315 people in our ETJ for a total of 33,960 serviced by our parks system. The current park system consists of one (1) fully developed Community Park 50 acres; one (1) partially developed Community Park, 45. 72; and five (5) neighborhood parks totaling twenty point three (20.3) acres for a grand total of 116 . 05 of which only seventy point three (70. 3 ) acres are fully developed. Developing 22 of the 45.72 of McLean Park will brings us to 92 . 3 acres of park acreage and closer to the established standard of ten acres per 1,000 population adopted by the City Council . • McLean parksite is ideally located on the southwest portion of town. Approximately 5,000 citizens live within 1/2 mile of the site, with an additional 4,000 living within 1 mile. ( Our City Council has granted approval for the construction of 806 new homesites in four different subdivisions, all located within 1/2 mile of the parksite. At the rate of 3.5 persons per household, we must plan for an additional 2,800 persons to locate in the immediate area within the near future. The lack of adequate park facilities in this highly populated area of town makes this a highly desirable site for the parksite. Typically the community park would house certain facilities common to . the neighborhood park such as children's playgrounds, multi-purpose courts and fields, and provisions for more passive activity such as sitting areas, gardens, and picnic areas. Certain recreational facilities which would include a tennis complex, a swimming pool, sports facilities, covered picnic pavilion, and adequate off street parking are. planned. Our region has been identified in the Texas Outdoor Recreation Plan as having the greatest difference between supply and demand and is listed as the highest priority. Careful consideration has been given to the facilities to be constructed within the site. According to the demand data developed for the Texas Outdoor Recreation Plan, Pearland is deficient in all categories researched. To set our priorities, we also considered accumulated data from Brazoria UCounty Comprehensive Park Plan, and the Pearland Comprehensive Development Plan. The following project elements have been identified as having a high priority for our community and will offer a better geographic distribution of outdoor recreation opportunities, specifically for the residents of the western half of our city. EXPECTED RESULTS AND BENEFITS The land proposed to be developed will be available to the general public, however, the greatest benefit will be to those citizens located in the western half of our city. The geographical location, ideally . situated in a heavily populated area, will provide open space, educational opportunities, and recreational opportunities to a significant number of people of all ages . Using demand data developed from the Texas Outdoor Recreation Plan, the City currently is deficient in all areas • researched. This development will help alleviate some of the shortage and address deficiencies and priorities identified in the Texas* Outdoor Recreation Plan, as well as the Brazoria County Comprehensive Park Plan, and the City's Master Plan. Public opinion has been very strong in favor of the project and proposed parksites . Pearland is a parks oriented community, and a well balanced park system is of utmost importance to them. The benefits derived would influence our entire community. APPROACH Phase I acquisition and minor development gave citizens immediate access to picnic units and a playground. Phase II __ will provide a fully equipped major public park, with tennis courts, multi-purpose courts, covered picnic pavilion, two lighted and fenced softball fields, support services such as restrooms, sidewalks and paved parking common to the Community Park concepts . GEOGRAPHIC LOCATION Submitted with this grant application are copies of a local map showing the exact location of the site. RELATIONSHIP BETWEEN PROJECT AND OTHER FEDERALLY FUNDED WORK No other federal or state assistance has been given, other than initial acquisition and development, for any work within the boundaries of the park. . AGREEMENT - The City of Pearland, specifically the Department of Parks - and Recreation, will operate and maintain the project. '. Implementation of programs and the general operation and maintenance will .also be the responsibility of the Parks and • ' Recreation Department . LEGISLATIVE DISTRICTS Senatorial District - 17 • � . I Congressional District - 22 _ State Representative District - 25 • RELOCATION OF PERSONS OR BUSINESS • . This project will involve no relocation of persons or . businesses. . =-I� OVERHEAD UTILITY LINES . f.,l All utility lines will be located underground. j • FLOOD DISASTER PROTECTION . . Flood insurance will be provided for any buildings such as a restroom facility as soon as the building becomes available '' I and insurable according to requirements outlined in Flood Disaster Protection Act of 1973 (P. L. 83-234) . . - The project is located within the 100 year flood plain. area has not been However, within recent history, the proposed in Phase IIflooded. The use of the property pro P i Development includes only _ the permanent structure of a . restroom, therefore, giving evidence that the area will serve h - as a good location for the proposed project. iF . 1-1 ( . • ' 4 , 5. Bleachers for Softball Fields $ 3,200.00 t 4 sets @ $800.00 each 6. Water Fountains - 5 ea. @ $100.00 $ 500.00 7. Sidewalks connecting' recreational $ 30,000.00 areas e. Miscellaneous • 1. Landscaping $ 2,000.00 2. Sign $ 328.00 3. Contingencies $ 30,000.00 TOTAL ESTIMATED COST $727,866.00 CITY SHARE $363,933.00 STATE SHARE . $363,933.00 • • . • II • . 35'WIDE ROW. DEDICATION FOR FUTURE FITE RD. • N 89' 59' 00" E 2376.39' -- 'I -- • -- 1 I CO t I /--\' 1 1 I / \ • PLAYGROUND ti I (PHASE I) I . — dRAIhX445_1JI'rc14---- -- --n _ %of 1: In cv 4'WIDE CONCRETE SIDEWALK J % I. v (TYPICAL) . ® J C 4tI I II 1+1+1H+l II ii+H Ittl++I hl lI 1 '% j . ,• -irmuunuuuuu In lulullnulll -L /4 �� I 1 • 24'WIDE ASPHALT PAVEMENT ' 1 Q I .✓ Ct MARY'S CREEK A.—PICNIC UNIT I)T • �Q8 Z1 w ® N. = O ~ �� a J Q ♦ - L SOFTBALL FIELD w/LIGHTS AND FENCING �' ♦ ��� 2 SOFTBALL FIELD w/LIGHTS AND FENCING p ♦ : /�r , `A w 3. RESTROOMS/CONCESSION 2 • .♦ s'(\° ' • 4. COVERED-PAVILION orr • `- /' S. ASPHALT PARKING LOT• SCAL I"=20C' I I ✓ • 6.SWIMMING POOL BUILDING (PHASE 3) I a1 ♦ -� 7 SWIMMING POOL (PHASE 3) • • w ilf HANDICAP PARKING SPACES 8.MULTI-USE FIELD 2/, 9 TENNIS COURTS .yJ • CITY OF PEARLAN • McLEAN-ROAD-PARK • PHASE 2 DEVELOPMENT • 1 0 . • • • d. Light two softball fields . e. Construct cement pads for dugouts, bleachers . f. Perform necessary ground work required for a softball field. g. Construct a multi-use building which will house restroom facilities (handicapped accessible) , storeroom, concession, and scorekeeping booth. h. Convert existing basketball slab into covered picnic and basketball pavilion by extending slab and erecting cover . i . Construct an asphalt parking lot that will accommodate approximately 150 cars. Such parking lot will be lighted and centrally located to service all recreational facilities. J . Install utilities, electrical, sewer, and water lines to service proposed facilities. k. Construct sidewalk system that will connect all recreational facilities. 1. Modify and surface existing limestone road. 2. Phase EII, Development a. Major swimming pool, complete with patio, deck area, and dressing room facilities (this item depends largely on future population growth) . b. Extensive landscaping of the east part of park to present a passive environment. Located within this area will be a gazebo that may be surrounded by. a botanical garden. c. It is our desire to naturally separate the athletic/recreational areas from the passive areas 'by timber line. E. Present Status of McLean Park : phase I ( McLean Park Phase I, Project Number 20-00105 included acquisition of land, construction of ten ;• (10) covered picnic units, a playground and fitness system, temporary access road and designation of softball fields. The City has since constructed a lighted three court uncovered basketball facility where the proposed covered pavilion is to be located. Section II . The Environmental Impact 2j the Proposed ,Action A. Fxisting Environmental Conditions 1 . Geological Elements The City of Pearland is located on what is known as the Coastal Plain of Texas, and therefore its topography is relatively flat. The geological structure of the Pearland area is composed of layers of practically impervious clays near the surface, to sandy, silty and lean clays further below the surface. Some of the clay formation is known as the Beaumont Clay and some of the sandy formations are know as Lissie Sand. The thickness of depth of the top soil and clay vary in different areas of Pearland. In the underlying structure in some areas the water bearing sand can be found at the 6 ' to 8 ' depth, and in other areas this water bearing sand is not found until a depth of 10 ' to 12' is reached. In certain areas this water bearing sand actually turns to what is called "quick sand" . The elevation of Pearland area varies from about 35 feet on the east and northeast side to approximately 55 feet above mean sea level on the west and southwest side of Pearland. In general, the geological formation in the Pearland area is not subject to rock formations, so there is no known rock or mineral features existing within the project area. There have been no paleontology items (fossils) reported in the project area. In the actual project area there are no known fault structures or synclines. No caves are known to exist in the Pearland project area. As is stated, generally a relatively flat area which is not normally subject to erosion. The only erosion problems that do exist are along the banks of the creeks or bayous . 2. Hydrological Elements In the Pearland project area there are no known natural lakes or reservoirs of any size and nothing that can be identified as an estuary or river. Clear Creek is the main natural water course in the area and it does have a flow of water that is generated mainly by run-off and influent from drainage ditches, drainage canals and water running off of irrigated land. As stated, the land is flat and therefore it is desirable for use in rice farming and other agricultural aspects that ,need flat land that can be flood irrigated. The area is criss-crossed with quite a number of canals bringing in irrigation water that is used in agriculture. The run-off from some of this agricultural farming does add pollutants to Clear Creek and the adjoining creeks due to the fertilizers and insecticides added to the crops being grown in the area. There are a number of creeks, or sloughs, running through the Pearland project area that empty into Clear Creek. There are namely Hickory Slough, Mary's Creek, and a little further to south, part of the area drains into Coward Creek. The City of Pearland has no records of the present water quality in the area water courses, but it is known that Clear Creek . is fairly high in BOD suspended solids, and at certain times is quite high in phosphorus content. Some of this is contributed to by run-off from agricultural areas . 3. Climatic Flements The climate and rainfall in the Pearland area is influenced by the Gulf of Mexico and by the city's location at the southern portion of Texas and the Continent. The warm, moist air masses from the Gulf of Mexico many times meet the relatively cooler air • masses from the interior of the United States. This makes the area subject to quite a bit of rainfall and sometimes intense local thunderstorms of short duration. The normal yearly total rainfall in the Pearland project area is approximately 46 inches. The maximum annual • rainfall in the area has been in excess of 72 inches. The temperature in the project area ranges normally from the low 40 's to the low 90's, but this at times goes to extremes and lows in the teens or below have been recorded, and highs in the 100's have been recorded. The prevailing winds during the majority of the year come from the Southeast. At certain times during the summer the prevailing winds are mote from due south, and, of course, at certain times in the winter they are from the• north or northwest. Generally speaking, though, the prevailing wind in the project area is from the southeast. Hurricane force winds of 74 miles per hour or higher affecting the Pearland project area have occurred in the past. The most recent occurrence of such winds was 1983. The average relative humidity in the Pearland area is approximately 90% at 6:00 am in the morning. 4 . Botanical Elements The major trees and woodland in the project area occur along the creeks and sloughs. Some of these trees located in the project area are pecan, hickory, willow, hackberry, honey locust, ash, elm, sweetgum, and several species of aquatic plants that grow in the project area. These could be started by naming algae. Algae are common, normal inhabitants of surface waters and occur in all water exposed to sunlight. There are generally three types of algae in ponds and stagnant water . These are chara ormukgrass, filamentous algae sometimes called pond scum, and single celled and colonial algae. In addition to algae, there appears to be many kinds of submersed plants such as bushy pond weed, coontail and water milfoyl. In addition, there are many floating plants such as duck weed and water hyacinth. There are many varieties of water lilies and cattails . Several types of rushers exist including the bulrush. Many types of grasses and other weeds exist in the project area. None of the known species in the project area is considered to be a unique (-- species and no known unique plant communities exist. Other plants found in northern Brazoria County and along Clear Creek southeast of the project into Galveston County are as follows: Poison Ivey, Yaupon, Spanish Moss, Western Ragweed, Texas Aster, Horseweed, False-Nutgrass, Buffalograss, Sandbur, Bermudagrass, crabgrass, whitegrass, basketgrass, Little blue stem, Johnson Grass, Wisteria and Southern Dewberry.. Probably a more complete listing of trees in the project area would be as follows: Pin Oak, Ash (native and Arizona) , Box Elder, Pecan (Native and improved) , Chinese Tallow, Mulberry, Cottonwood, Sycamore, Pine (slush, short lead and loblolly), Cedar (eastern red), Balled Cypress, Post Oak, Bios 'de'arec-osagerc and Catalpa. These are in addition to the previous ones given. A listing of some of the better known shrubs in the area are as follows: Ligustrum (Wax Leaf and Japanese) , Yaupon, Myrtle, Hawk, Huisache and Trifoliata (Wild Orange) . Some other weeds found in the area are Snow on Prairie, Star Thistle, and Croton. Probably the main agricultural crops in the area are rice, soy beans, grain sorghum, prairie hay, cultivated hay, and home fruit and vegetable gardens. Seasonal color would consist mainly of the Chinese Tallow. 5. Zoological Elements Many species of mammals are found along the timbered areas adjacent to Clear. Creek and in the grassy prairie areas in Northern Brazoria County. A list of these would include the following: The eastern cotton tail rabbit, swamp rabbit, eastern gray squirrel, fox squirrel, raccoon, opossum, nutria, weasel, mink, river otter, gray fox, coyote, and sometimes reported wolf, eastern mole, armadillo, striped skunk, cotton rat, pocket gopher, and sometimes white tail deer. The mud flats, sloughs, and oxbows along Clear Creek serve as important feeding and resting areas for many species of birds, including the following. Roseate Spoonbills, Reddish Egrets, Snowy Egrets, Great Blue Herons, black-necked Silts, long-billed Curlews, Sand pipers, Avocets, Terns, Willets, Dowitches, Plovers and Bitterns. The following is a list of birds that are considered permanent residents in the northern part of Brazoria County and surrounding areas: Western Turkey Vulture, Copper 's Hawk, Eastern Red Tailed Hawk, Florida Red Shouldered Hawk, Eastern Sparrow Hawk, Texas Bob-White, Western Morning Dove, Killdeer, Barn Owl, Screech Owl, Great Horned Owl, Southern Flicker, Redheaded Woodpecker, Southern Downy Woodpecker, Southern Crow, Eastern Blue Bird, White Rumpted Shrike, • English sparrow, Southern Meadow Lark, Rio Grande Redwing, Bronzed Grackle, Louisiana Cowbird, Big Billed Cardinal, Western Grasshopper Sparrow, Inca Dove, Loggerhead Shrike, Golden-Fronted Woodpecker, Hairy Woodpecker, and the White-Tailed Kite. The following is a list of birds that frequent the project areas during the Fall, Winter and early Spring. None are known to breed here. The list is as follows : Common Mallard, American Pintail, Ringnecked Duck, Western Red tailed Hawk, Broad Wing Hawk, Sharp Skinned Hawk, American Coot, Wilson Snipe, • ( Western House Wren, Western Brown Trasher, Eastern Hermit Thrust, Starling, Rusty Blackbird, Brewer Blackbird, Western Field Sparrow, and the White Tailed Sparrow. Birds that are known in the area but normally only in summer months are as follows : Yellow Billed Cuckoo, Ruby Throated Hummingbird, Scissor Tailed Flycatcher, Purple Martin, Orchard Oriole, and Summer Tanager. • Some birds that migrate through the area in the spring and/or fall but does not nest or winter here are as follows : Canada Goose, . Lesser Snow Goose, Gadwall, Greenwinged Teal, Blue-Winged Teal, Shoveller, • Redhead, ' Canvasback, Greater - Scaup, Lesser Scaup, Upland Plover, Least Sandpiper, .and the Sand Hill Crane. The wood duck and the Mottled duck are summer nesting residents in the project area. A probable list of reptiles and amphibians in the project area and the surrounding areas is as follows: Small Mouthed Salamander, Common Newt, Cricket Frog, Greentree Frog, Texas Toad, Gulf Coast Toad, Bullfrog, Eastern Mud Turtle, Slender Grass Lizard, Racer, Ring-necked Snake, Common Rat Snake, Eastern Hog Nose Snake, Common King Snake, Plain-Bellied Snake, Broad-Banded Water Snake, Diamond Back Water Snake, Flat-headed Snake, Checkered Garter Snake, Common Garter Snake, Coral Snake, Copperhead Snake, Cotton Mouth and Timber Rattlesnake. The project area provides habitat for many species of forage fish such as poecilid Liverbearers, Killfish, Silversides, Minnows, Gizzard Shad, Anchovies, and- fresh water drum. These forage species, in turn, . are consumed by more desirable commercial and sport species of fish. These species include sunfish, catfish and spot. Further down Clear Creek - near Clear Lake there can be found sheephead, flounder, Atlantic croaker, and sea trout. This area of Texas is in what is known as the central fly-way. The following table composed by F. C. Bellrose in 1968 C.) shows the common migratory water fowl using the central fly-way and estimates of their abundance. Common Name, Scientific Name, Abundance Geese Canada Goose Branta Candensis . 40,000 Lesser Snow Goose (Blue Goose) Ansercaerulescens 300,000 Dabbling Ducks Mallard Anas Paltyrhyynchos 550,000 Black Duck Anas Rubripes 25,000 Gadwall Anas Strepera 90,000 . Pintail Anas Acuta 450,000 Green-Winged Teal Anas Carolinensis 125,000 Baldpate Marceca Americana 200,000 Shoveler Spatula Cylpeata 30,000. Diving Ducks Redhead Aythya Americana 15,000 Ring-Necked Ducked Aythya Collaris 5,000 Canvasback Aythya Valisineria 5,000 Lesser-Scaup Aythya Affinis 50,000 The United States Department of the Interior in 1964 gave a complete listing of migratory waterfowl using the central fly-way as follows: Mallard, Black Duck, Pintails, Green-Winged Teal, Blue Winged Teal, Cinnamon Teal, Shoveler, Baldpate, Gadwall, Mottled Duck, Wood Duck, Redhead, Canvasback, Lesser Scaup, Ring-Necked Duck, Common Golden-Eye, Bufflehead, Harlequin Duck, Mergansers, Ruddy Duck, Fulvous Tree Duck, Canada Goose, White Fronted Goose, Snow Goose, Blue Goose, Ross Goose, Whistling Swan, and American Coots. It has been stated that the Clear Creek-Clear Lake area is also a known range for such wildlife as the Arctic Peregrine, Attwater 's greater prairie chicken, Southern Bald Eagle, Brown Pelican, Red Wolf and Houston Toad, which are listed as endangered specie in the May 1974 Department of the Interior Publication "United States Lists of Endangered Fauna" . Even though it has been stated that this area is known range for these species, -none are known to have been positively identified (by skull measurements) from coastal counties between 1961 and 1966. 6. Archaeological/Historical Cultural Elements The history of Pearland begins when a grant of land was obtained by the H. T. & B. R. R. Company. This company, on August 30, 1882, conveyed the grant to the Brazoria Land & Cattle Company, a Missouri Corporation. After this, Section II of this land was conveyed to L. W. Murdock at. $12.00 per acre. On March 19, 1892, Murdock conveyed 520 acres of land to W. Zsychlanski, who platted the "Pearland Townsite" and assigned an agent to sell townsite sites and colonize the surrounding lands. Because of various problems, these lands were contracted to the Southern Homestead Co. , with offices in Houston, Milwaukee and St. Louis. This company conducted an extensive advertising campaign and brought in a large number of settlers. After the sale of the Townsite lots, a large number of families from the North and Midwest settled in the surrounding lands, and engaged in the cultivation of strawberries, pear orchards, and vegetables .. At this time, the first depot in Pearland was constructed along the Santa Fe Railroad. The depot has been restored and presently serves as our Chamber of Commerce building, and there were five stores and one church, used by several denominations. In addition, there was a 24 room hotel and a school with over 100 students.• Their efforts to build a permanent road to Houston failed as most people went to the city on the train and had their supplies shipped by mail . The area was fairly prosperous when the storm of September 8, 1900 struck and wrecked most of the buildings. Many of the families abandoned their homes and went elsewhere, with only a few remaining. Following the 1900 storm up to and including 1910, there were few improvements. The pear trees had died from blight, the strawberries had been discontinued because of an unfavorable market and too much rain. Some farming was still done, but most people made hay and raised cattle. About this time new settlers arrived from Illinois, Iowa, the Dakotas, Minnesota, Oklahoma, Arkansas and Missouri . The Allison-Richey Company advertised the country as a garden spot, where oranges could be grown on a commercial basis and did a thriving business selling tracts of land. Soon the country side was dotted with orange groves. In 1912 the area had grown to such an extent that 40 year bonds were voted for a two story brick school building. Then a great freeze occurred and all of the oranges were frozen and on August 15, 1915, a storm struck Pearland with its greatest fury and either totally or partially destroyed every building in town. The new school had its second story blown off so that winter classes were held in the building without an adequate roof. Many people again left the area. The next crop of importance in Pearland was figs. The first ,ones were canned in 5 gallon containers .without sugar by the Jones Bros. in 1914. The fig plant passed through many hands until it •became a part of the Southland Products Co. of Houston. For many years vast quantities of figs were preserved and shipped from Pearland. Then a bad market and other reasons caused an end to the fig boom. The next crop of prime importance was rice. This, along with cattle, still remains the primary agricultural industry in the area. Oil from the Hastings Oil Field just south of, Pearland has provided some revenue for the schools and county services in the area. With the improvement of highways and transportation, Pearland is only minutes from the industrial and commercial center of the Houston Metropolitan area. This proximity is bringing many small industries to Pearland. Through all of this history and development of Pearland, there remains one historical site. There are no ghost towns or battlefields or scientific areas . There is one old settlers cemetery, recently designated a historical site. This old settlers cemetery is located just on the east side of the railroad track which is west of S.H. 35 and right next to Rice Dryer Road. It is several miles from the project and would not be affected in any way by this project. 7. Nconomic Conditions/Social Relationship/Human Well- Being After the slow early beginning, the growth of Pearland has been phenomenal . From the year 1950 to 1960, the population jumped approximately 500%. From the year 1960 to . 1970, the population jumped again approximately 430%. From the year 1950 to 1985 the following tabulations show these results: Year Population 1950 300 1955 900 1960 1,497 1965 3,500 1970 6,444 1975 8,775 1980 14,000 1985 16,500 1990 18,645 The population growth trend is not too different from surrounding cities in the area similar to Pearland. Due to the proximity to the City of Houston, the City of Pearland is growing at a steady rate and is now on a sound economic basis. A good percentage of the people living in Pearland work in the City of Houston or one of the adjacent complexes. Many people would rather live outside Houston and enjoy the relaxed atmosphere of a city such Pearland with its low density, moderate taxation, good educational system and other natural aspects that are not obtained in a large city. The land values in Pearland are good and comparable to like areas adjacent, the taxation is moderate and the economic trend is good. Recently the new 288 Freeway was completed west of Pearland, providing a major artery to Houston (north) and Freeport (south) . Until recent years, the development in Pearland was primarily single family dwellings . In the last few years, a number of apartment complexes and multi-family dwglling construction has increased at an accelerated rate. The Pearland Independent School District serves the city from the primary grades on through high school, and is known to be an excellent school system. For institutions of higher learning, the Alvin Junior College is near by, as is the campus of the San Jacinto Junior College and all of the universities and colleges in the Houston area are close and available for citizens of Pearland. Among these are • • Rice University, the University of Houston, Texas Southern University, Baylor School of Medicine, Houston Baptist University, and South Texas College. Even though the City of Pearland now has a number of small manufacturing companies, and is soliciting other industry to the area, it is still primarily a bedroom city for the people working in the Houston and adjacent complexes. Even at a time when . • unemployment is high in certain areas of the United States, the Houston and surrounding area unemployment rate remains at a lower than . average level. The City of Pearland benefits from the proximity of Houston, but does not have the air pollution problems that exist in the City of Houston. 8. protect Area, Needs • The City of Pearland has a comprehensive plan , 'prepared several years ago by a capable firm in the Houston area, which details the needs . of the City including water, wastewater treatment, solid waste management, roads, parks, zoning ordinances, building codes and land use regulations. The City does have zoning ordinances and a plan showing the various areas and how they are zoned. The plan generally follows the comprehensive plan as mentioned before. Pearland's Building Codes, Plumbing Codes and Electrical Codes are periodically updated and thereby kept current. Land use regulations are strictly adhered to, any changes are accompanied by public hearings and must go through the zoning board before they are even presented to the City Council for any change. The City is following an orderly plan for development and upgrading of their various utilities. As is true with most other cities of this size, they must do this in a phased program due to the amount of money available and taxable property available. Probably the biggest need for improvement in the City at this time even though bond funds are available on. limited basis, is that of their roads and streets. There are many, many miles of roads and streets that were constructed prior to the regulations that are now being adhered to for new subdivisions and these roads and streets are not up to the standards and require continual expensive maintenance. As the population increases, and likewise traffic, these roads become more and more congested and need more - and==more maintenance. Therefore, there are many of these roads and streets in the City that need to be upgraded or completely reconstructed in order to meet standards that would not require such expensive - maintenance. Another one of the needs of the area would be • • extension and looping of water lines and systems. The city is working towards this, but at the present, a lot of work remains to be done. Recently the City of Pearland tied their water system into the City of Friendswood's water system for emergency protection. 9. Expected Future Activities There is expected to be an increase in industrial activity in the City of Pearland in the future. All of these activities would, of course, have an impact on the City and all of its utilities. The water, wastewater, roads and transportation system, and the school system would be affected tremendously by this increase in population or industrial development. The City must keep close watch and stay abreast of all of these developments in order to maintain its present standards and grow in a controlled and well balanced atmosphere. If the city expects to draw more industry, then they must anticipate their needs and provide for the same, such as an increase in water demand as well as other utilities, and also public facilities. This can hopefully be done by following our Comprehensive Plan. ENVIRONMENTAL CONDITIONS WHEN THE PROJECT L IMPLEMENTED 1. Short-term Impact a. Construction impact should be minimal at the present time, but as the park progresses, there will be movement of the soil and flora in certain areas . Special care will be taken to ensure the growth of existing trees . b. Noise pollution wherever there is construction will be evident, but since there is no housing within approximately a quarter of a mile, this should be minimal and short-lived. c. There is a stream or creek at the edge of the property and in all planning this creek shall be taken into consideration. There is always a certain amount of risk in a live body. of water due to the fact .that it could be dangerous to people wandering into the water because of snakes and other undesirable species in the area. However, this area is to be used as a nature area and most of the existing character shall be kept intact. d. The drainage shed should not be interrupted since the existing land is pasture land now and usage , shall be planned with grass and drainage control devices such as culverts, ditches, etc. e. Erosion should not be caused by this project since it will be in a controlled area. f. Trees and vegetation in the area to be developed would have minimal affect but great care will be taken to preserve the character of the park. Very special care will be taken to improve the trees of the area, including pruning and trimming by professional tree experts, fertilization and insect control. g. Soil will be disrupted in the park area because of machinery and development, but a lot of the soil taken out of the road and drainage areas shall be used in other areas of the park to create interest; I . e. mounds and gradual rises in elevation shall ' be an enhancement. The 46 acre parcel of land which the park is located is large enough to handle expansion for a few more years to come. Adjacent farmland may be necessary for development in the future. However, the City has no plans regarding this at this time. h. The park land is now an agricultural and ranching base and no re-location of people shall be necessary. Land adjacent to the park will probably be developed in the future because of its potential as a development area and its proximity to the park . i . Land values will not be affected in the area to a negative sense but should be enhanced by the development of a city park . The added impact of traffic and noise and general habitation could be a problem in the future, but the adjacent land is highly developable for use as a subdivision, shopping centers. and commercial projects. Maintenance of the park. will be a key to the situation, and proper care of the park is planned by the Parks and Recreation Department so that problems such as odor, littering, etc. will not occur . J . The only trenching which may occur will be to ensure proper drainage and there will probably be no attempt made to change existing drainage patterns. k . Sewerage disposal facilities are in the ground and are adequate to handle the park to full i development. 1. Construction of this stage of the park development should not exceed (2) years. Dust problems which normally occur could be present, but should be of short duration during the initial phase. If a problem should occur because of the construction equipment, the water truck could handle part of the problem. m. Construction noises will occur for a short time. Since the park site is approximately 1/4 mile from residential development, the affect should be minimal . n. There will be no blasting or explosives necessary and therefore no adverse affects or protection of residents or wildlife will be necessary. o. Traffic, both pedestrian and vehicular, should have a minimal amount of disruption during the construction period. Access to the park is by means of one or two paved city streets. Construction equipment, etc. will be directed to gain access from McLean Road, which experiences light traffic patterns at the present time. p. Night work is not anticipated in type of construction which will be necessary to complete the park, so no adverse affect should be encountered. q. The park site is located away from the public area by approximately 1/4 mile and therefore should not be considered a hazard. Every precaution will be made to create as safe as an environment as possible. r. During previous construction projects we have had considerable vandalism to equipment, structures and property. Increase surveillance by the Parks Department employees and the police department has drastically reduced vandalism. SUMMARY: In this study, we would like to point out that there are always good and bad effects that may develop from a project such as this, the bad being construction noises, disposition of wildlife, bringing Human pollution to are area which is in its natural state, disruption of soil, plants, trees, contamination of streams and creeks, etc. On the positive side, there are good affects which come from the same projects { • be achieved. g. The facilities in- the park area should. not disrupt any existing wind patterns. Residents near the are should not be greatly affected by wind carried noise or odor from the park site. h. Smell pollution should- not be prevalent since the only smell would be from refuse, which shall be collected by the city more frequently than in the residential areas and nominal - smells - in connection with waste treatment. Water pollution smells could present a problem, but the stream or creek is active and great care shall be taken in the maintenance of such. Smell should not have .a long term impact. - I . The only -incineration -in the area will probably be picnic barbecue grills which will be controlled in safest manner. J . Proper maintenance of the park .area shall be the key to elimination or minimization of odors in the area. The possibility of sewer or garbage malfunction could cause odors, but these would be of short term. k. This project does conform with Texas Outdoor Plan for recreation and shall be submitted to the Houston-Galveston Area Council Park -Planning Department. 1. The park project should not have a long term effect on the quality. of the water body in the area. There may be some litter from time to time, but this condition exists now. m. The bacterial- count of the creek should not be affected greatly by -the development of the park.. n. Sewer treatment effluent• ( if used) shall not be any problem to aquatic life that exists down stream because the effluent would be so little in comparison to the outfall and should not be a long term problem. o. The park should not cause any problem of municipal or industrial water supplies, irrigation, etc. The positive effect of using the waterway as a recreational facility will probably improve housekeeping further down stream. p. There is a possibility that water in the project • • (^ could be recycled in the future if the need and demand become great. q. Water if provided by a 10 inch extended main tied into our City system. • r. The- area in which the park is to be located was at one time used as rice farming - land and the soil held- water for the rice area. The percolation of the soil should be - minimal and with the planting of grasses, should help the run-off situation. s. It does seem at this time that any of the industrial projects of the Pearland area would be interested in recycled water from this project. t. This project will not result in the diversion of any flow from one basin to another. , u. This project shall improve recreational use of the land and will not have any known effect on historic sites or natural preserves. The park project will not have any effect on state or national recreational areas since there are none nearby. • v. The long term effect of this project on the recreational environment shall be of great impact since there are few parks with very limited equipment and usage. With the added growth to the area of approximately 60 families per month, the park shortage without this project would be critical. w. The long term noise level of this project, after the construction phase is completed, shall be that of people enjoying the park. Since there are no houses within 1/4 mile of the park, noise should not be a problem. y. The access to the park 'shall be by one of two existing paved roads which border the eastern and western boundaries. All safety procedures shall be practiced in the park area. z. There should be no increase in insect problems because of the park since proper maintenance of the park area will control flies, mosquitoes, C= etc. i aa. All insect control in the park will be handled by the City of Pearland with standards set by the state, federal and local regulations. Long term • problems are not anticipated. bb. The project should have a positive effect on wildlife, birdlife and aquatic habitats. The clearing of the brush area and pruning care of the trees should add to the positive effect of all life in the park. The plants, trees and .grasses shall be cultivated and treated for insect damage, thereby improving the growth of the plants, etc. - cc. The flood plain of this area has been definitely established. However, in the past, there have not been any problems with flooding in this area. SUMMARY The long term effects of the development of the park shall be of a positive nature and will fit in the Texas Outdoor Plan. The land has been used for cattle grazing and the park use is much better utilization that the former use. Recreation spaces in the Houston area are becoming harder to find since rland values and construction coats have increased: It would definitely appear that the small effects on the negative side caused by the project are justified at this time. 3. Secondary Impact of the Proposed Action a. It is uncertain how the development would fully affect the Pearland area, but in a growing city with a guaranteed growth pattern because of its proximity to Houston and the Gulf Coast area, there is a need for an oasis of recreation and the time to implement the plan is now. Residential growth as well as industrial growth of the area is affected by the fact that workers will want to move into an area with recreational facilities, especially in these times when recreation costs so much. It is smart to plan an improved quality of life for all people of the community. b. The automobiles which would transport people to the park would be from the Pearland area and would be moving around the city anyway, so a development of this magnitude should not affect the quality of the air. The location of a well kept park will probably • improve the water quality of the creek. As the area around the park develops, there will be more cars and noise, but Pearland, being a planned city, should not allow residential overcrowding. c. The are in which the - park is located is near to most areas of the city and is planned to grow with the community. It is very rare that a city can acquire a . tract of land of this size near to downtown and residential area. This project will not impair land use planning but will help correlate land acquisition for smaller parks in the future. No real land change use is anticipated due to this project. Section III . Adverse Impacts Which cannot kg avoided should the, proposal kg. Implemented. As previously noted in other sections, there should be little or no adverse effects because of this project. ( '. - Adverse impacts include short term ones such as construction noises. People at play would not be offensive. Traffic at peak times could be a problem, but traffic is a problem all over the world. — Wildlife habitat and bird habitat should not be jeopardized and would not have to be relocated because of the project. People would not have to be relocated since there is no housing in the development area. The quality of fish and aquatic habitat will not have to be relocated because the quality of the surrounding area will remain intact. Plants and trees in the park area should be improved because of proper care. The positive impact on a long term basis minus• the short term, minimal impact should show that the project is worthy of development. ;11 Section IV. Alternatives to. the, proposed Action Alternatives to the approval of the development of the park are as follows: 1. No development at all which would affect the recreation of the people. 2. Develop a number of small parks which would not accommodate the larger activities such as softball, tennis and swimming. Also, the maintenance of a large number of small parks present a problem of economics and would be an expensive proposition. 3. Allow the park to develop. to its fullest form. . 4 . Postpone development of the park to a later date. The building cost escalation rate has steadily risen approximately 15% a year.. The full development of the park seems to be the most logical answer to the immediate problem in Pearland, Texas . Section V. Relation between Local $hort-Term Uses of. Man's, Environment The future generations of the area would benefit from the development of the park. It is the aim of all involved to preserve the environment and quality of life which we now enjoy, and careful consideration and planning should be taken in all future projects. • In this time of hurriedness, a quiet walk in the park, a family picnic or games at an outgoing can be carried in fond memories for many years. The City of Pearland proposes to apply for a grant through the Texas Parks and Open Space Fund for the development of a major city park with such facilities as a swimming pool, multi-purpose fields, softball diamonds, playgrounds, picnic units, a jogging trail, tennis courts, shuffleboard courts, gardens, and hard court area. In addition to our own high standards, the administration of the Texas Parks and Open Space Fund, the Texas Parks and Wildlife Department has standards which the city must meet at all time to protect the health and safety of all the people. Special care has been given to the handicapped, including toilet e5 facilities, drinking fountains, telephones, parking spaces and all facilities of the park. Section VI . Irreversible and, Irretrievable Commitments j Resources Which Would _ b Involved in the Proposed Action Should Jt bg Implemented The use of normal building materials constitutes a one use area; that is, recycling is difficult, but the uses to which these materials are used is for the enjoyment of man and thus is in itself a resource. The power and water used in this development will be used for the enjoyment of many, thus an economy of means is constituted. The area in which the park will be developed may be without proper areas for recreation if postponed to a future date. Any project shows wear after years of services, but implementation of good maintenance and care will prolong the life of the facilities for many years to come. The resources used and the power consumed and water used should justify the happiness of the people of the area. Section VII . Attitude la the people The attitude of the people has been extremely favorable for this project. The Parks Staff and the Parks Board have offered numerous opportunities for citizens to get involved with planning of their park. The Park Board has heard the views of many groups as to what should be included in the park and those views are reflected in this proposal. There have been no objections by the citizens of Pearland to the additional park development. A public hearing on the proposed development has been held to test the reaction of the people. The results have been most favorable. `l 4 I 0Ms Approved No.034s-0oa2 r , • ASSURANCES • ' ote: Certain of these assurances may not be applicable to your projector program, If you have questions. - please contact the Awarding Agency.Further,certain federal assistance awarding agencies may require- - applicants to certify to additional assurances.If such is the case,you will be notified: -. -. As the duly authorized representative of the applicant I certify that the applicant: 1. :Has the legal authority to apply for.Federal 8. Will comply with the Intergovernmental assistance, and the institutional, managerial and Personnel Act of 1970 (42 U.S.C. ii 4728l 4763) . financial capability (including funds sufficient to relating to prescribed standards for merit systems -pay the non-Federal share of project costs) to for programs funded under one of the nineteen ensure proper planning, management and statutes or regulations specified in Appendix.A of completion of the project described in this OPM's Standards for a Merit System of Personnel application. .. . .. _- :• • M Administration(5 C• .F.R.900,Subpart F). •- - • 2. Will give the awarding agency, the Comptroller 9. Will comply with the Lead-Based Paint Poisoning General of the United States, and if appropriate, Prevention Act (42 U.S.C. ff 4801 et seq.),which the State,through any authorized representative, , prohibits the use of lead based pant in access to and the right to examine all records, construction or rehabilitation of residence books, papers, or documents related to the structures: ;; _ : - assistance; and will establish a proper accounting . 10. Will comply with all Federal statues relating to •• system in accordance with generally accepted • •non-discrimination. These include but are not accounting standards or agency directives. limited to: (a) Title VI of the'Civil Right 'Act of 3. Will not dispose of, modify the use of, or change 1964 (P.L. 88-352) which prohibits discrin ination the terms of the real property title, or other on the basis of race, color or national origin; (b) interest in the site and facilities without - Title IX of the Education Amendments of 1972,as permission and instructions from the awarding amended (20 U.S.C. ff 1681-1683. and 1685- agency. Will record the Federal interest in the - 1686) which prohibits discrimination on the basis title of real property in accordance with awarding . - 'of sex; (c) Section 504 of the Rehabilitation Act of agency directives and will include a covenant iri 1973,as amended(29 U.S.C. f 794)which prohibit the title of real property acquired in whole or in discrimination of the basis of handicaps; (d) the part with Federal assistance funds to assure Age Discrimination Act of 1975, as amended (42 nondiscrimination during the useful life of the U.S.C. if 6101-6107) which prohibits discrimi- project. _ . nation on the basis of age; -(e) the Drug Abuse - Office and Treatment Act of 1972(P.L.93455),as 4. .Will comply with the requirements of the amended, relating to non-discrimination on the assistance awarding,agency with regard to the basis of drug abuse; (f) the Comprejiensive drafting, review and approval of construction Alcohol Abuse and Alcoholism Preddiention, plans and specifications. Treatment and Rehabilitation. Act of 1970 (P.L. 5.• Will provide and maintain competent and . 91-616). as amended,.relating to nond}scrimi- adequate engineering supervision at the nation on the basis of alcohol abuse or alcoholism; construction site to ensure that the complete work (8) if 523 and 527 of the Public Health Service • conforms with the approved plans and specifica- Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as tions and will furnish progress reports and such amended,relating to confidentiality of alcohol and other information as may be required by the . drug abuse patient records; (h) Title VIII of the assistance awarding agency or State. Civil Rights Act of 1968(42 U.S.C.f 3601, et seq.). as amended,relating to non-discrimination in the 6. Will initiate and complete the work within the • sale, rental or fnancing of housing; (i) sny other applicable time frame after receipt of approval of non-discrimination provisions in the specific . the awarding agency. . • . statute(s) under which application for Federal 7. Will establish safeguards to prohibit employees . assistance is being made,and(j)the requirements from using their positions for a purpose that on any other non-discrimination Statutes) which constitutes or presents the appearance of personal may apply to the application.._.. or organizational conflict of interest, or personal • gain. - Standard Form 424D (438k Prescribed by OMB Circular A-102 Authorized for Local Reproduction 11. Will comply, or has already complied,.with the Environmental Policy Act of 1969 (P.L. 91-190) requirements of Titles II and III of the Uniform and Executive Order (EO) 11514; (b) notification Relocation Assistance and Real Property of violating facilities pursuant to EO 11738; (c) Acquisition Policies Act of 1970 (P.L. 91-646) protection of wetlands pursuant to EO 11990; (d) which provides for fair and equitable treatment evaluation of flood hazards in floodplains in of persons displaced or whose property is accordance with EO 11988; (e) assurance of acquired as a result of Federal and federally project consistency with the.approved State assisted programs. These requirements apply to management program developed under the all interests in real property acquired for project Coastal Zone Management Act of 1972(16 U.S.C. purposes regardless of Federal participation in 1451 et seq.);(f)conformity of Federal aetions purchases. to State (Clean Air)Implementation Plans under 12. Will comply with the provisions of the Hatch Act •Section 176(c) of the Clean Air Act of 1955, as (5 U.S.C. ff 1501-1508 and 7324-7328) which amended(42 U.S.C. 7401 et seq.);(g) protection limit the political activities of employees whose of underground sources of drinking water under principal employment activities are funded in the Safe Drinking Water Act of 19 4, as whole or in part with Federal lands. amended, (P.L. 93-523); and (h) protection of endangered species under the Endan eyed 13. Will comply, as applicable, with the provisions of Species Act of 1973,as amended,(P.L.93-2Q5). the Davis-Bacon Act (40 U.S.C. #l+ 276a to 276a- 16. Will comply with the Wild and Scenic Rivers Act 7), the Copeland Act (40 U.S.C. f 276c-and 18 of 1968 (16 U.S.C. II 1271 et seq.) relalted to U.S.C. 1874), the Contractork Hours and protecting components or potential components U.S.0 Safety Standards Act (40 U U 327-333) of the national wild and scenic rivers system. - regarding labor standards for federally assisted construction subagreements. 17. Will assist the awarding agency in assuring 14. Will comply with the flood insurance purchase compliance with Section 106 of the National requirements of Section 102(a) of the Flood Historic Preservation Act of 1966, as amended • Disaster Protection Act of 1973 (P.L. 93-234) (16 U.S.C. 470), EO 11593 (identification and which requires recipients in a special flood preservation of historic properties), and the hazard area to participate in the program and to' Archaeological and Historic Preservation Act of purchase flood insurance if. the total cost of 1974(16 U.S.C.469a-1 et seq.). insurable construction and acquisition is $10,000 18. Will cause to be performed the required financial or more. and compliance audits in accordance with the 15. Will comply with environmental standards Single Audit Act of 1984. which may be prescribed pursuant to the 19. Will comply with all applicable requirements of following: (a)-institution of environmental -all"-a11" other Federal -laws, Executive Orders,- - quality control measures under the National regulations and policies governing this prdgram. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE JAMES 0. DESHAZER • CITY MANAGER APPLICA ORGANIZATION DATE SUBMITTED City of Pearland JUNE 24, 1991 • ••C ••f.n .. rr• O..•. U. S. DEPARTMENT OF THE INTERIOR/TEXAS PARKS AND WILDLIFE DEPARTMENT ASSURANCE OF COMPLIANCE (Title VI, Civil Rights Act of 1964) City of .Pearland (Name of Political Subdivision/Sponsor) (hereinafter called "Applicant-Recipient"). HEREBY AGREES THAT IT will comply with Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and all requirements imposed by or pursuant to the Department of - the Interior Regulation (413 CFR 17) issued pursuant to that title, to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, oh the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant-Recipient receives financial assistance from the TEXAS PARR}:c & WILDLIFE DEPARTMENT and hereby gives assurance that it will immediately take any measures to effectuate this agreement. If any real . property or structure thereon is provided or improved with the aid of Federal/State financial assistance extended to the Applicant-Recipient by the TEXAS PARKS & WILDLIFE DEPARTMENT, this assurance obligates the Applicant-Recipient, or in the case cf any transfer of such property, any transferee for the period during which the real property cr structure is used for a purpose involving the provision of similar services cr benefits. If any personal property is so provided, this assurance obligate the Applicant-Recipient for the period during which it retains ownership or possession cf the property. In all other cases, this assurance obligates the Applicant-Recipient for the period during which the Federal/State financial assistance is extended to it by the TEXAS PARKS & W:L:c_IFE DEPARTMENT. S AS5 RANCE is given in consideration of, and for the purp obtaining any and ,� ose of, Federal/State all Federal/State grants, loans, contracts, property discounts or other Federa� financial assistance extended after the date hereof to the Applicant-Recipient by the bureau or office, including installment payments after such date on accc: nt cf err .rferents for Federal/State financial assistance which were approved before such date. � Federal/State financial a`°J ��2•'•=e -The Applicant-Recipient recognizes and agrees that such will be extended in reliance on the representations and agreements made in this assurance, and that the United States and the State of Texas shall reserve the right to seek jdicia- enforcement of this assurance. This assurance is binding on the Applicant-Recipient, its successors, transferees, and assignees, and the person whose signature appears below is authorized tc sign this assurance on behalf cf the Applicant-Recipient. The A- zalso agrees to comply with the Rehabilitation Act of 1973and the♦ r L Applicant-Recipient- ecipient 6 pursuant tc •`� Age Discrimination Act of 1975 and all requirements imposed by or p - the Discrimination• � c- to these titles, :^ the Department cf the Interior Regulations (113 C r 17 ) issued pursuant ' ` end that, no person in the United States shall, or.. the grounds of age or handicap tE excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant-Recipient receives financial assistance from the , rEXA TS PARKS AND WILDLIFE DEPARTMENT and hereb± gives assurance that i will immediately take any measures to effectuate this agreement. JUKE 24, 1991 (5ign- ure cf Official Au Alt,t4c// ` zee in r.esc .ut ^r. (:.ate) (!^__. JAMES 0. DESHAZER, CITY MANAGER (Typed Name and Title) (D: Forr 135: Revised 1/EE ) • APPLICANT' S CERTIFICATION THIS IS TO CERTIFY THAT FOR THE DESCRIBED PROJECT ENTITLED McLean Road Park , THE (Project Name) City of Pearland HAS COMPLIED (Applicant/Sponsor) . WITH ALL THE PERTINENT PROVISIONS OF LOCAL , STATE, AND FEDERAL LAWS REQUIRING: 1. PUBLIC HEARINGS; AND 2. THAT THE REQUIRED PROPORTIONATE SHARE OF FUNDS ARE AVAILABLE AND SUFFICIENT FOR THIS PROJECT AS REQUIRED BY SECTION 13.309 OF THE PARKS AND WILDLIFE CODE; AND, 3. THAT AREAS ACQUIRED AND/OR DEVELOPED THROUGH THE ENTITLED PROJECT WILL BE MAINTAINED AND OPERATED AT THE EXPENSE OF THE APPLICANT AS REQUIRED BY SECTION 13.309 OF THE PARKS AND WILDLIFE CODE; AND, 4. THAT THE PROJECT AREA WILL BE PERMANENTLY DEDICATED FOR FOR PUBLIC OUTDOOR RECREATION USE AS REQUIRED BY SECTIONS 13 .302, 13.303 AND 24 .008 OF THE PARKS AND WILDLIFE CODE. ��-e4/ JUNE 24, 1 91 (Signs re of Offi.ia . Autldrized in the Resolution) (Date) JAMES 0. DESHAZER, CITY MANAGER (Typed Name & Title) • • (Revised 1/87 replaces Public Hearing , Available Funds, ant Operation & Maintenance Certifications) /.9 Cfluj oil p©©riII©r8 /01 1 . * P. O. Box 2068 • Pearland,Texas 77588-2068 • 485-2411 E X A CERTIFICATION THE STATE OF TEXAS i COUNTIES OF BRAZORIA & HARRIS § CITY OF PEARLAND § I, Pat Jones, the duly appointed, qualified and acting City Secretary of the City of Pearland, Texas hereby certify that tle attached constitutes a true and correct copy of Resolution NcJ. /e ! l `oZ 7 duly passed and approved by the City Council at a regular meeting held on the GP day of A. D. , 19 9/ ,9 (-ti , To certify which, witness my hand and seal of the City f Pearland, Texas, this 9 day of , A. D. , 199 / , at Pearland, Texas. Pat Jones City Secre ry City of Pearland, Texas (SEAL) RESOLUTION NO. R91-24. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE ADMINISTRATIVE STAFF TO REPRESENT AND ACT FOR THE CITY IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT. WHEREAS, the United States Congress has passed the Land and Water Use Conservation Act of 1965 (Public Law 88-578), authorizing the Secretary of the Interior to provide financial assistance to the states, and political subdivisions thereof, for outdoor recreation purposes; and WHEREAS, the Texas Legislature has adopted Section 13.301 et seq. Tex. Rev. Civ. Stat. Ann. , Parks and Wildlife Code, for the purpose of allowing the State of Texas, and its political subdivisions, to participate in the Federal program established under said Public Law 88-578, or such other programs as are hereinafter established by the Federal Government; and WHEREAS, the City of Pearland is fully eligible to receive assistance under this Program; and WHEREAS, the City Council of the City of Pearland is desirous of authorizing its administrative staff to represent and act for the City • in dealing with the Texas Parks and Wildlife Department concerning this Program; NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City Council of the City of Pearland hereby certifies that the City of Pearland is eligible to receive assistance under Public Law 88-578, as augmented by Section 13.301 et seq. , Tex. Rev. Civ. Stat. Ann. , Parks and Wildlife Code. Section 2. That the City Council hereby authorizes and directs the City Manager to represent and act for the City of Pearland in ' dealing with the Texas Parks and Wildlife Department for the purpose of this Program. The City Manager is hereby officially designated as the City's representative in this regard. Section 3. The City Council hereby designates its Director of Finance as the official authorized to serve as the City's fiscal officer to receive Federal funds for the purposes of this Program. Section 4. The City Council hereby specifically authorizes the City officials herein designated to make application to the Texas Parks and Wildlife Department concerning Phase II - Development of the McLean Road Parksite in the City of Pearland, to expand its use as a park site. That Pearland is hereby dedicated for public outdoor recreation purposes. PASSED, APPROVED and ADOPTED by the City Council of the City of Pearland, Texas on the / day of , A. D. , 1991. C. V. COPPI G MAYOR, CITY OF PEARLAND, TEXAS ATTEST: . PAT JONES CITY SECRET Y APPROVED AS TO FORM: LESTER G. RORICK CITY ATTORNEY • U.S. Department of the Interior Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549,Debarment and Suspension,43 CFR Part 12,Section 12.510,Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). Copies of the regulations are included in the propo�— package. For further assistance in obtaining a copy of the regulations,contact the U.S. Department of the Interior,Acquisition and Assistance Division, Office of Acquisition and Property Management, 18th and C Streets,N.W.,Washington,D.C. 20240. (BEFORE COMPLETING CERTIFICATION,READ INSTRUCTIONS ON REVERS ) (1) The prospective lower tier participant certifies,by submission of this proposal, that neither it nor its principals is presentlydebarred, suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. • JAMES 0. DESHAZER, CITY MANAGER Name and Title of Authorized Representative JUNE 24, 1991 Signature Date D6.1951 (91u) TEXAS PARKS AND WILDLIFE DEPARTMENT LPF/LWCF GRANT APPLICATION QUESTIONNAIRE . • (Submit with your application) 1` Application Deadline 7/31/91 Information provided here is used to assess the supply and demand for recreational facilities in the service area of your project. Please complete fully and submit with your application. A checklist for attach-. • ments is provided to ensure completeness. - - SPONSOR.NAME: City of Pearl and Date: DUNE -2-4,. 19.91 PROJECT NAME: • '"McLean Park Development Phase II • PrepareisName: JAMES -0. DESHAZER - Phone: (713) 485-2411 Preparei s Title: CITY MANAGER Signature: t • No.of acres to be DEVELOPED 22 No. of acres to be ACQUIRED • 1.RECREATIONAL FACILITIES TO BE CONSTRUCTED•RENOVATED AND CURRENT FACILITIES ON THE SITE . A. Please list the specific quantity, dimensions, and types of facilities requested and existing on the s ttr. For example,indicate whether each facility is to be lighted,unlighted,new or renovated; basyline lengths such as 60',70',80'or 90' bases for baseball and softball fields, shape and number of squ a yards for pools,length, width, surface of vails,etc. Begin the lis: with multi-use courts and fields and st :e their uses. Do not double count facilities within multi-purpose fields or courts. (L= Lighted, UL= Unlighted, R = Renovation) • Existing Facilities Structures Facilities Requested • - on Site (Include on Site P1an' Example: 2-90' Baseball Fields (L) 1-420 sq.yd. Pool•(UL)(R) 1 I 1-30'x50'Picnic Pavillion (L) 1 ea. 80' x 165' Covered picnic pavilion/basketball 1 ea. 70' x 140' uncovered 3 courts (L) using existing 70' x 140' slab court basketball 1 ea. 165' x 300' football/soccer field (L) 1 ea. Playground unit (UL) 2 ea. 65' Softball fields (L) • 10 ea. Covered individual picnic 1 ea. 120' x 240' 4 court tennis fac. '(L) ' tables and benches (UL) 1 ea. 140' x 432' Parking lot (L) 1 ea. Temporary 1imestoie access- road (UL) 1 ea. 70 x 53 Parking lot (L) - Approx. 1100' of sidewalks connecting facilities to parking lot 1 ea. 24'3" x 41' Building housing storage, concession, restrooms, & scorekeeping _._ NOTE: The types,quantities,dimensions, etc.of facilities requested must match those listed on the tabular summary in Part 11. Sec.B.VI] of the application. 2.POPULATION (of Sponsor's jurisdiction) • ' •� A. Jurisdiction wide • Current 198_: Source: Projected 1990: Source: Current: 34315 Source: 1991 Census and School District B. Service area only as defined by applicant (if different from 2a), Refer to National Recreation & Parks Association Service area standards. Current-198_ : Source: Projected 1990: Source: Current: 20,000 ' Source: School District • 3. CENSUS TRACT Information A.Provide the census tract number(s)for. • 1.The project location • 601 and 602 2.The project service area(as defined by applicant) 601 and 602 • B.ATTACH a census tract map showing: 1.-project site 2.-a highlighted service area boundary • 3.-population within each service area census tract (may be an attached table.) • 4. What are the SOCIO-ECONOMIC characteristics of the service area surrounding for the proposed project site? A. Ethnic Groups North East • South . West %Black • . Spanish Origin • 10 20 20 60 • %White . 90 80 80 • 40 % Other =100% =100% =100% =100% Source: School Di'stri c B. Income Groups % Low(less than$9,999). • • % Middle ($10,000-49,999) 60 40 90 70 . ' %High ($50,000 or more) 40. 60 10 30 . =100% =100% =100% =100% Source: School Di stri 5. Please describe the socio-economic characteristic of the anticipated visitors to the project site. Since Pearland is predominately a bedroom community with few blacks or orientals • the majority of use would be from White and Spanish people in the middle toll high income bracket. • 6. What borders the proposed project area and what are the LAND USES of the area surrounding the • proposed project site? (include: single-family residential,multi-family residential,schools,parks,rivers, streams,agriculture,industrial,commercial,streets,highways,etc. Include zoning when undeveloped.) NORTH: . Single Family Residential EAST: Industrial • . SOUTH: Farmland WEST: Farmland 8/88 9 • 6.WATER RESOURCES (If intermittent stream.omit this question) - A.Name of water body IN or ADJACENT to the project site:(Locate On Site Plan) 1. Mary's Creek ' 2. . B.Size of water body within project boundaries • Water Resource 1. •. . Water Resource 2. 3,010.30' .. . Shoreline Length AND • • 20' . • Average Width AND . - - • 3' Average Depth for portion IN or ADJOINING project site Surface ACRES,if pond,reservoir,or lake -._ 1.5' - : • C.Current and anticipated recreation uses of water resources: _ : _ - -- - Current Recreational Uses - - Anticipated Recreational Uses 1, Nature Study Only - • Nature Study Only • 2. ' t 7. ATHLETIC LEAGUE ACTIVITIES: COMPLETE the information for the following activities . : . _ Total Total Total A. - #of Leagues . � • *of Teams • • I of Players - - • BASEBALL This Year NextYear This Year NextYear This Year •NextYear • T-Ball - 12 yrs & under .• • - •. ' . ' . 13- 15years • , -16 yrs. d: over - ' • _. SOFTBALL Men's 2 2 12 . . .16 180 240 -Women's - . - - - - Co-Rec • 1 1 8 8 240 • • 0 Youth ' Other SOCCER Men's Women's Youth . Other . FOOTBALL 12 yrs. & under • 13 yrs. & over TENNIS • OTHER (specify) . . 4 s/s s ' 7. B. EXPLAIN any expected Increases or Decreases in next year's League activity: . By providing first class softball complex, we are attractinl male and co-ed teams from all over the Houston Metro area. . • 8. ATTACH any existing or proposed draft cooperative agreements between the sponsor and an educational- institution regarding joint use/maintenance of recreational facilities,specific to the proposed Project Site. Check here if not applicable' The Hi gn School Girls Softball Team uses our field for their games. 9. Local Parks Master Plan . A.Is there a current Parks Master Plan that identifies facility needs for the service area of the proposed site? •(Check one) X YES . • NO . • • (If yes;ATTACH one copy of relevant pages with your application.) B.Is the proposed site identified in a federal,state,regional or local plan as a natural area? (Check one) YES NO (If yes,include a copy of the document and note text identifying the site.) 10.SERVICE AREA AND FACILITIES INVENTORY ' -. . • A.ATTACH a map showing 1. -the project site 2.- a service area boundary for the project. If the service area is the entire city,county,or region, state so on the map. • . 3.- locations of any'special populations which will benefit from this project. (handicapped. minorities,low-income, senior citizens).Example: Retirement Homes, Handicapped Shelters or Workshops. etc. . 4.- the name and location of any public.school or commercial outdoor recreational facility within the service area that is open to the general public either free or for a fee.DO NOT include limited . membership"exclusive" facilities such as country clubs,etc. PLEASE DO include , facilities such as private softball complexes.ballfields owned by local service organizations, private campgrounds, etc. . .. B. ATTACH an itemized inventory by site for each private facility,school and public park site identified on • the map(Include facilities under construction).Identify where school facilities are NOT available to the general public.' - •- . - _..-._ -.- - • 8/88 s 10.C. Total all facilities from 10.B. and corriplcte the following: SERVICE AREA FACILITIES SUMMARY • Public Outdoor Private Outdoor Schools with Outdoor Recreational Areas Facilities Recreational Areas Number of Public Parks: Number of Private Parks: Number of High School's• 1 2 Number of Public Park Acres'109•Number of Private Park Acres: Number of Jr. High Schools Parks Acres Developed: 64.77 Park Acres Developed : Number of Elementary Schools: 4 Total Number Total Number Total Number *Number Lighted Number Lighted Number Lighted Multipurpose Courts: • • Use�icnic/Basketball 1 1 Multipurpose Fields: Uses �— •. Football/Track Baseball Fields,60'Bases _L 1 Baseball Fields,70'Bases ' Baseball Fields,80'Bases - . 1 1 Baseball Fields,90'Bases • 1 1 • --1—_ Backstops,Practice Flds Basketball Courts . Foo:ba]] Fields . T 1 Playgrounds #Playground - 7 2 • —�— • Equipment Pieces 28 2 — (Modular playground . equipment should be itemized by module) . . Soccer Fields 1 '` • • Softball-Fields 1 . 1 t _ _3— Swimming Pools,Outdoor 1 1 ____7_ Swimming Pool Surface . Square Yards -1000 Tennis Courts 5 4 4 Picnic Single Tables . . (8'or less) 4 . • Picnic Group Shelters • . 3 -- - Picnic Group Tables - , (8'or more) 2 2 . - (Sheltered 8 Open) • eA of Bicycling/Natural/Walking- rails *of miles - . . . OTHER FACILITIES: (Please list. If no inventory is requested above for-a type of recreational facility similar to - • one proposed in the project,please provide inventory for like items below or on attached sheets.) JIM IMUROA MOW Mid AIM AIM mums MAMA - >r II>r I MMO OM i - II1M 11111t ■>•il ■om TAT 1 TARI.E 2 . VOTING AGE POPULATION BY RACE/ ETHNICITY FROM THE P194.171 CENSUS IAPE FOR 1990 IN 111E COIIWIY AND PLACES WITHIN BRA1ORIA COUNTY • NUMBER Of PERSONS IA. BY RACE. NUMBER OF NON-HISPANICS IN. BY RACE . TOTA1 TOTAL -- -�---- VOTING AGE HISPANIC AMfRICAN AMERICAN AREA NAME POPULATION IA. WHITE BLACK INDIAN ASIAN OTHER MUTE BLACK INDIAN ASIAN OTHER STATE OF TEXAS 12.150.671 2.719.586 9.400.427 1.363.770 47.256 223.163 I.116.040 7.678.352 1.336.688 39.316 213.294 13.435 BRAZORIA COUNTY 135.462 20.714 110.792 11.641 616 1.311 1 I.102 101.557 11.249 520 1.238 184 ALVIN CITY 13.639 2.591 11.778 243 71 69 1.478 10.666 243 68 53 18 ANGLETON CITY 11.699 1.630 9.368 1,087 46 120 1.078 6.640 1,063 39 108 19 BAILEY'S PRAIRIE VILLAGE 427 15 362 50 2 1 1? 359 50 2 1 0 • BONNET' VILLAGE 233 55 208 2 0 0 23 176 2 0 0 0 BRAZORIA CITY 1.881 116 1.592 208 17 6 56 1,539 203 17 6 0 BROOKSIDE VILLAGE CITY 1.061 358 931 3 4 2 121 694 3 4 2 0 CLUTE CITY 6.215 1,910 4.556 474 38 48 1.149 3.809 402 28 45 21 DANBURY CITY 978 91 910 15 3 7 43 864 IS 2 6 0 FRF.EPORT CITY 7.485 2.456 4.954 1.084 29 22 1.396 3.958 . 1.026 24 14 7 IIILLCREST VILLAGE 526 19 517 0 0 3 6 504 0 0 3 0 HOLIDAY LAKES TOWN 674 197 535 10* • I I 127 464 10 I I I IOWA COLONY VILLAGE 496 71 425 29 2 10 30 384 29 2 10 0 JONES CREEK VILLAGE 1.555 129 1.464 8 6 1 76 1.4!! 7 6 I I LAKE JACKSON CITY 15.878 1.488 14.364 436 53 340 665 13.557 430 47 333 23 LIVERPOOL VILLAGE •273 13 271 0 0 0 2 260 0 . 0 0 0 MANVEL CITY 2.584 220 2.428 40 12 15 89 2.298 40 8 IS 3 OYSTER CREEK VILLAGE 637 41 . 588 10 .,., 4 , „ 4 31 . 580 8... 1- 1 0 •OUINIANA,fONN,IPTti1. 12.249 zi `y39i..�: _14?4 i t1gz 43i .�46 4 0674 5111 40-40 - I57.f L37, �;;�(.,4EIOIa i` o % RICHNOOD CITY 1,914 241 1,648 69 8 20 169 1.566 69 7 20 11 SURFSIDE BEACH CITY 487 25 468. I 8 0 10 453 1 B 0 0 • SWEENY TOWN 2.260 202 1,864 288 4 5 119 1.793 275 3 5 2 • WEST COLUMBIA CITY 3.101 296 2.370 520 15 7 189 2.260 516 15 7 5 WILD PEACH VILLAGE COP 1.695 116 1.427 186 4 3 75 1,386 186 3 3 1 • •' . • •, - • , .,/: • TITLE YI PREAWARD COMPLIANCE REPORT . - - --(Revised 11-88) _ - - - . ••- - TITLE VI OF THE CIVIL -RIGHTS ACT OF 1964 PROVIDES THAT NO . PERSON IN THE UNITED - • STATES SHALL, ON GROUNDS OF AGE, RACE, COLOR, NATIONAL ORIGIN, OR HANDICAP BE • EXCLUDED FROM PARTICIPATING IN, DENIED•THE BENEFITS OF, OR SUBJECTED TO DISCRIMINATION UNDER ANY PROGRAM OR ACTIVITY RECEIVING,GRANT ASSISTANCE. THIS COMPLIANCE REPORT MUST BE COMPLETED AND SUBMITTED WITH EACH APPLICATION-FOR - GRANT ASSISTANCE TO TEXAS PARKS AND WILDLIFE DEPARTMENT. 1. NAME AND ADDRESS OF APPLICANT/SPONSOR, PLUS •THE NAME AND TITLE,OF.PERSON - ': RESPONSIBLE FOR CARRYING OUT PROGRAM. City .ofPearland- Barry R. Lastik, Superintendent Parks & Recreation - - 35.19 Liberty Drive • -- • Pearland, Texas 77581 • ' - 2. BRIEF STATEMENT OF THE TYPE AND PURPOSE OF GRANT. Development McLean Park Phase II - Improve- "Quali-ty of Life" for citizens on West Side of town by offering- ,n . : adequate recreation facility equal to facilities available on East side of • town-. 1: 3.- • WHAT PLANS DO YOU NOW HAVE .OR WILL HAVE TO INFORM EMPLOYEES, PARTICIPANTS, BENEFICIARIES, AND THE GENERAL PUBLIC- ABOUT THE REQUIREMENTS OF TITLE VI AND THAT YOUR PROGRAMS ARE OPERATING FREE FROM DISCRIMINATION ON THE BASIS (� OF AGE, RACE, COLOR, NATIONAL ORIGIN OR HANDICAP? (Explain) Statement posted on all city owned bulletin boards. - - — I — 4. HAVE YOU RECEIVED ANY COMPLAINTS OR LAWSUITS ALLEGING DISCRIMINATION ON THE . BASIS• OF AGE, RACE, COLOR, NATIONAL ORIGIN OR HANDICAP? Yes - No X - (If 'yes'; explain the nature of the complaint or lawsuit and action you _ . are taking.) . 5. DO YOU UTILIZE ADVISORY COMMITTEES IN YOUR PROGRAM? Yes ', 'X No (If "Yes', list total number of members who are Caucasian; Black, Hisp na ic, Native American, Oriental, or other.) -; 9 Caucasian- - ' .4 Women - ' • - • 5 Men • 6. WILL CITIZENS BE RELOCATED AS A RESULT OF THIS- FEDERALLY • FUNDED PROJ CT? . Yes No X (If 'Yes', list the number of affected persons who are . Caucasian, 6TEEETHispanic, Native American, Oriental, or other.) • ,. .7. WILL NON-ENGLISH SPEAKING CITIZENS BENEFIT FROM THE PROJECT? • Yes ' X No -(If `Yes', identify the affected language group, • Me:: , . - Spanis , Frenc etc.) and your plans regarding the employment of bilingual staff : where necessary to permit effective participation byl speaking persons. Also, describe your n "non-English • speaking beneficiaries of program avilability sandy .thetnon-discrimination - + requirements of Title VI.) Spanish, Asian -. Mostly Spanish. The Parks Department has .a Mexican/Ameri•can bi-linguist on staff. • 8. •. HAS ANY OTHER FEDERAL-AGENCY CONDUCTED A CIVIL RIGHTS COMPLIANCE • YOUR PROGRAM? Yes REVIEW OF the nature of the comp lance F ew, identifypthe�dates de a bon wrief hich the on • . was conducted and the federal agency which performed that review.)• review • 9. DO DIFFERENT FEE SCHEDULES EXIST FOR THE SAME FUNCTION IN A PROGRAMS OR ACTIVITIES? Yes X No OF YOUR (If `Yes", briefly explain.) Only in Community Center - Resident/Non-Resident Fee . (---- - . . • .. . . . 10. ARE ALL ORGANIZATIONS; PUBLIC OR PRIVATE, WHICH YOU SERVICE, OPEN TO ' PERSQNS .REGARDLESS OF AGE, RACE, COLOR, -NATIONAL ORIGIN OR H I ALLp • !� Yes • X - No ANOICAP. (If No , identify .those organizations and provide a bri��crip�ion of their membership policies or other reasons for their exclusionary practices.) 1I. PROVIDE A MAP IDENTIFYING ALL RESIDENTIAL AREAS THAT ARE POPULATED- SUBSTANTIALLY BY ONE RACE WITHIN THE SPONSOR'S JURISDICTION AREA. • 12. LIST THE TOTAL NUMBER OF PERSONS BY RACE WHICH WILL BE SERVED 8Y THIS .PROJECT. (Identify the total number of persons who are Caucasian, Black, u Date Hispanic, Native American, Oriental, or other.) 1 a ure o 0 ficiai l ized in Resolution • to 24, 19 1 • JAMES O. .DESHAZER, CITY MANAGER • typed Name and Title • • • A-95 Houston-Galveston Area Council Review Comments This application has been submitted to HGAC for review. Such review is expected to be complete within 45 days, Comments will be forwarded to the Texas Parks & Wildlife Department at that time. • • • • it • • I,. V • fr Chapter 21 OIL AND GAS* Art. I. In General,§§21.I—21-14 Art. II. Permit,§§21-15-21-34 Art. III. Rules,§§21-35—21-50 ARTICLE I.IN GENERAL Sec. 21-1. Drilling restricted. No oil or gas well shall be drilled within this city except at a specified and designated location to be determined by the city council at the time an application for a permit is filed. ` . (OH.No. 84, §4,4-16-64) Sec. 21-2. Pipeline location restricted. No pipeline for the transportation of oil and/or gas from . such wells to be drilled in this city shall be constructed or laid- ,. except on rights-of-way owned by the operators of uch wells or upon designated drilling tracts and upon righ -of- . way necessary to connect future well sites to present li es. (Ord.No.84, § 5,4-16-64) Sec. 21-3. Trespass. • It shall be unlawful for any person to trespass on any prop- erties to enter onto the oil or gas well drilling sites or their flow.line rights-of-way other than from an existing street or . dedicated highway used by the public and for the convenience of the public. (Ord.No.84, § 6,4-16-64) Secs. 21-4-21-14. Reserved. ARTICLE IL PERMIT Sec. 21-15. Required. It shall be unlawful for any person to drill or commence to drill a well for oil or gas within the city or to work upon or 'Cross reference—Fire prevention and protection,Ch.10. State law reference—Oil and gas generally, Vernon's Ann.Civ.St. art. 6004 et seq. 1235 • • • § 21-15 PEARLAND CODE § 21-19 (� assist in any way in the prosecution of the drilling of any such well without a permit for the drilling, completion and oper- ation of such well without first having been issued a permit therefor by the city. (Ord.No.84, §7,4-16-64) Sec. 21-16. Application. Every application for a permit to drill, complete and oper- ate a well for oil or gas shall be in writing, signed by the • applicant or by some person duly authorized to sign same on his behalf and filed with the city secretary. The application shall state whether the well shall be drilled as an oil or gas well, the proposed depth, the drilling block and the location of the proposed well, which will include the name of the fee owner, the name of the lease owner, a brief description of the land and a detailed plat showing the location of all battery tanks. The application shall be accompanied by a plat showing the exact location of the well. A copy of the plat.(Form 1) furnished to the state railroad commission will be acceptable. (Ord. No. 84, § 8, 4-16-64) Sec. 21-17. Fee. . • The application for a permit required by the provisions of this article shall be accompanied with a deposit of five hun- dred dollars ($500.00) in cash as a fee to the city. (Ord. No. 84, §8,4-16-64) • Sec. 21-18. Location to be staked. The location of the well for which a permit is applied for under the provisions of this article shall be staked out before • the city permit shall be!skied. (Ord.No.84, § 8,4-16-64) • • Sec. 21-19. Location restricted. Notwithstanding anything to the contrary contained in this chapter, no permit shall be issued for any-well to be drilled at any location, which is nearer than three hundred (300) feet to • 1236 ti v.• § 21-19 OIL AND GAS § 21-23 any residence, building or structure, without the applicant having first secured the written permission of the owner thereof. (Ord. No.84, § 11,4-16-64;Ord.No.84A,4-23-64) Sec. 21-20. Change of location. No location of a well for which a permit is issued under this article shall be changed without filing with the city secre- tary an amended application showing the proposed change. (Ord.No.84, § 8,4-16-64), Sec. 21-21. Investigation. Upon receipt of an application for a permit required by this article, the city secretary shall forthwith make, or cause to be made, an investigation of the proposed well site. After completion of such investigation he shall file a report with the city council stating whether or not the proposed drilling and producing of the well will be in conformity with the provi- • sions of this chapter.. (Ord. No. 84, § 9, 4-16-64) Sec. 21-22. Liability insurance. • Before any permit shall be issued under the provisions of this article,the applicant therefor shall first post with the city, at his own expense, a public liability insurance certificate covering all of his operations in the city limits in bodily.injury •• limits not less than one hundred thousand dollars ($100,- 000.00) for each person, and three hundred thousand dollars ($300,000.00) for each accident and property damage limits of V not less than twenty-five thousand dollars ($25,000.00) for each accident. Such coverage shall also include protection for the acts of independent contractors of the applicant for let or sublet. The public liability insurance hereunder shall be carried in companies acceptable to the city; The insurance shall be continued in force so long as the applicant remains engaged in operations for the drilling or production of oil and gas within the city. (Ord.No.84, § 9,4-16-64) Sec. 21-23. Issuance. If the report of the city secretary is to the effect that the. proposed drilling and producing of the oil and gas well will be 1237 • § 21-23 PEARLAND CODE § 21-39 ( in conformity with the provisions of this chapter the city secretary shall issue a permit to the applicant. (Ord. No. 84, • § 9,4-16-64) Secs. 21-24-21-34. Reserved. ARTICLE HL RULES Sec. 21-35. Compliance. In operations under a permit issued under this chapter, the permittee or his assigns must observe the provisions of this article and the failure to observe the same shall be unlawful. (Ord.No. 84, § 10,4-16-64) Sec. 21-36. Dike,ditch required. All permanent oil tanks or battery of tanks must be sur- rounded by a dike or ditch of at least the capacity of the tank or battery or tanks. (Ord. No.84, § 10,4-16-64) A Sec. 21-37. Location of flow tank. No flow tank, unless it is entirely buried, or other oil tank of any size, shall be placed nearer than one hundred fifty (150) feet to any derrick, rig, building, power plant or boiler of any description. (Ord. No. 84, § 10, 4-16-64) Sec. 21-38. Location of field working tank. No field working tank having a capacity of ten thousand (10,000) barrels or more shall be built nearer than two hun- dred (200) feet, measured from shell to shell, to any other like tank. (Ord.No.84, § 10,4-16-64) Sec. 21-39. Signs. Printed signs reading: "DANGEROUS, NO SMOKING AL- LOWED," or similar words, shall be posted in conspicuous places on each producing drilling unit. (Ord. No. 84, § 10, 4-16-64) • 1238 § 21-40 OIL AND GAS § 21-46 Sec. 21-40. Clearance of weeds, trash. All permittees' premises shall be kept clear of high grass, weeds and combustible trash within a radius of fifty (50) feet around an oil tank or producing wells. (Ord. No. 84, § 10, 4-16-64) Sec. 21-41. Open storage. Open earthen storage for oil is prohibited. (Ord. No. 84, § 10,4-16-64) Sec. 21-42. Protection from gas hazard. All oil tanks, where there is a gas hazard, shall be gastight and provided with proper gas vents. (Ord. No. 84, § 10, • 4-16-64). - . Sec. 21-43. Use of forge,open light. No forge or open light shall be placed inside the derrick of a well showing oil or gas. (Ord.No.84, § 10,4-16-64) • Sec. 21-44. Steam lines. Boilers must be equipped with steam lines for fighting fire and must be not nearer than one hundred (100) feet to any producing well. (Ord.No.84, § 10,4-16-64) Sec. 21-45. Burial of pipelines All oil and gas pipelines laid upon or across a public road or highway must be buried to a reasonable safe depth, en- cased in conduit and properly vented. (Ord. No. 84, § 10, • 4-16-64) • Sec. 21-46. Electric power,lights. • Wherever available and practicable, electric lights and • power shall be installed in a congested drilling area. (Ord. No. 84, § 10,4-16-64) • 1239 ti § 21-47 PEARLAND CODE § 21-50 Sec. 21-47.-Blowout`preventers. • A blowout preventer, control head and other connections for keeping the well under control at all times shall be in- stalled as soon as surface casing is set. Blowout preventers shall be tested against pump pressure at least once every twenty-four (24) hours. All control equipment shall be in good working order and condition at all times. (Ord. No. 84, § 10,4-16-64) Sec. 21-48. Location of boiler,generator. No boiler or electric lighting generator shall be placed or remain nearer than one hundred fifty (150) feet to any pro- ducing well or oil tank. (Ord.No.84, § 10,4-16-64) • Sec. 21-49. Removal of fire hazards. Any rubbish or debris that might constitute a fire hazard shall be removed to a distance of at least one hundred (100) feet from the vicinity of wells, tanks and pump stations. All wastes shall be burned or disposed of in such a manner as to avoid creating a fire hazard or polluting streams and fresh water strata. (Ord.No.84, § 10,4-16-64) Sec. 21-50. Fencing. All wellheads, pits and tank batteries shall be adequately protected with manproof fencing; however, this provision shall not apply: (a) Where the wellhead, pits or tanks are located on acre- age which has not been platted into one acre or lesser size homesite tracts, with the plat filed for record in the office of the county clerk if the dwelling house density surrounding the wellhead, pits and tanks is less than one hundred (100) dwellings per square mile. To determine this density, all dwellings within one square mile with the wellhead as the center, shall be counted; and 12140 • § 21-50 OIL AND GAS § 21-50 (b) Where the wellhead, pits or tanks are located within such platted subdivision, duly filed for record in the office of the county clerk but at a greater distance than five hbbndred (500) feet from any existing dwell- ing, such provision shall apply. Where the wellhead, pits or tanks are located outside such a subdivision, but within five hundred (500) feet of 'a dwelling within the subdivision, such provision shall apply. (Ord. No. 84, § 10,4-16-64) • • • A • • • (The next page is 1291] 1241