R-2014-094 2014-08-11 RESOLUTION NO. R2014-94
A Resolution of the City Council of the City of Pearland, Texas,
as hereinafter referred to as "Applicant," designating certain
officials as being responsible for, acting for, and on behalf of the
Applicant in dealing with the Texas Parks & Wildlife Department,
hereinafter referred to as "Department," for the purpose of
participating in the Local Park Grant Program, hereinafter referred to
as the "Program"; certifying that the Applicant is eligible to receive
program assistance; certifying that the Applicant matching share is
readily available and is approved for use in the completion of this
project; and dedicating the proposed site for permanent (or for the
term of the lease for leased property) public park and recreational
uses.
WHEREAS, the Applicant is fully eligible to receive assistance under the
Program;
WHEREAS, the Applicant is desirous of authorizing an official to represent and
act for the Applicant in dealing with the Department concerning the Program;
WHEREAS, the City of Pearland has agreed to apply for grant funding in
the amount of $400,000 from the Texas Parks & Wildlife Department for use in
the construction of Shadow Creek Ranch Park; and
WHEREAS, the Texas Parks & Wildlife Department's Local Park Grant
Program requires applicants to provide no less than 50% in matching funds in the
completion of a TWPD Local Park Grant Program approved project;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
SECTION 1. That the Applicant hereby certifies that they are eligible to receive
assistance under the Program, and that notice of the application has been posted
according to local public hearing requirements.
SECTION 2. That the Applicant hereby certifies that the matching share for
this application is readily available at this time.
RESOLUTION NO. R2014-94
SECTION 3. That the Applicant hereby authorizes and directs the City
Manager to act for the Applicant in dealing with the Department for the purposes of
the Program, and that Clay Pearson is hereby officially designated as the
representative in this regard.
SECTION 4. The Applicant hereby specifically authorizes the official to make
application to the Department concerning the site to be known as Shadow Creek
Ranch Park in the City of Pearland or use as a park site and is hereby dedicated (or
will be dedicated upon completion of the proposed acquisition) for public park and
recreation purposes in perpetuity (or for the lease term, if legal control is through a
lease). Projects with federal monies may have differing requirements.
SECTION 5. That the City of Pearland has allocated $6,569,575.96 towards the
completion of Shadow Creek Ranch Park.
PASSED, APPROVED and ADOPTED this the 11th day of
August, A.D., 2014.
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TOM REID
MAYOR
ATTEST:
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Y S" RETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TEXAS R2014-94
PARKS & Local Park Grant Program
WILDLIFE Applicant's Certification & Program Assurances
As the duly authorized representative of the sponsor designated in the Resolution Section 3, I
certify that the sponsor.
1. Has complied with all pertinent local and state laws, and Local Parks Grants Program
requirements regarding public hearings, including floodplain development, if appropriate.
2. Has the required proportionate share of funds available and sufficient for the project as
required by Section 13.309 of the Parks and Wildlife Code.
3. Will maintain and operate areas acquired or developed with program assistance at
sponsor expense as required by Section 13.309 of the Parks &Wildlife Code.
4. Will permanently dedicate for public park and recreation use all project area(s) which
receive program assistance, as required by Chapter 640.1.2 of the Local Park Grant
Program Manual.
5. Has the legal authority to apply for program assistance and the institutional, managerial
and financial capability to ensure proper planning, management and completion of the
project described in this application.
6. Will give the State of Texas, hereafter referred to as "State," through any authorized
representative, access to and the right to examine all records, books, papers, or
documents related to the assistance; and will establish a proper accounting system in
accordance with generally accepted accounting standards or agency directives.
7. Will not dispose of, modify the use of, or change the terms of the real property title or
other interest in the site and facilities without permission and instructions from the Texas
Parks & Wildlife Department, and will record any federal interest in the title of real property
in accordance with U. S. Department of Interior directives.
8. Will dedicate and permanently maintain any property designated as a natural area,
wetland, or open space to meet program guidelines.
11. Will comply with all provisions of the "Summary of Guidelines for Administration of Local
Park Grant Acquisition & Development Projects."
12. Will comply with the requirements of the Department with regard to the drafting, review
and approval of construction plans and specifications.
13. Will obtain all required state and/or federal permits related to project development.
14. Will provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the completed work conforms to the approved plans and
specifications.
15. Will furnish quarterly progress reports and such other information as may be required by
the Department.
16. Will initiate and complete the work within the applicable time frame after receipt of
approval from the Department.
17. Will establish safeguards to prohibit employees from using their positions for a purpose
that constitutes or presents the appearance of personal or organizational conflict of
interest or personal gain.
PWD 1069C-P4000(01/2014)
Applicant's Certification & Program Assurances - Continued
18. Will comply with all State and Federal statues relating to non-discrimination. These
include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of
the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1686) which
prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of
1973, as amended (29 U.S.C. § 794) which prohibits discrimination on the basis of
handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107)
which prohibits discrimination on the basis of age; (e) any other non-discrimination
provisions in the specific statute(s) under which application for program assistance is
being made, and (f) the requirements of any other non-discrimination statute(s) which may
apply to the application.
19. Will comply with the flood insurance purchase requirements of Section 4012(a) of the
Flood Disaster Protection Act of 1973 which requires recipients in a special flood hazard
area to participate in the program and to purchase flood insurance in an amount at least
equal to its development or project cost.
20. Will comply with environmental standards which may be prescribed to the following: (a)
institution of environmental quality control measures under the National Environmental
Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of
violating facilities pursuance to EO 11738; (c) protection of wetlands pursuant to EO
11990; (d) evaluation of flood hazards in floodplain in accordance with EO 11988; (e)
assurance of project consistency with the approved State management program
developed under the Coastal Zone Management Act of 1972 (16 U.S. C. §§ 1451 et seq.);
(f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section
176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.);(g) protection
of underground sources of drinking water under the Safe Drinking Water Act of 1974, as
amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered
Species Act of 1973, as amended (P.L. 93-205).
21. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.)
related to protecting components or potential components of the national wild and scenic
rivers system.
22. Will assist the Department in assuring compliance with the Texas Antiquities Code.
23. Will cause to be performed the required financial and compliance audits in accordance
with the state or federal Single Audit requirements.
24. Will comply with all applicable requirements of all other State and Federal laws,
regulations and policies governing this program.
City of Pearland - Parks & Recreation Department/Pearland Outdoor Rec Enhancement Project
Sponsor/ 'r• o Na e
/41/**---
Situ. ure of Off ial Authorized in Resolution
Clay Pearson - City Manager
Print Name and Title of Official
August 27, 2014
Date
PWD 1069C—P4000(01/2014)