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17-75 - RTOWN OF PROSPER, TEXAS RESOLUTION NO. 17-75 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, 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 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; and WHEREAS, the Applicant is desirous of authorizing an official to represent and act for the Applicant in dealing with the Department concerning the Program. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The Applicant hereby certifies that they are eligible to receive assistance under the Program, and that notice of application has been posted according to local public hearing requirements. SECTION 2 The Applicant hereby certifies that the matching share for this application is readily available at this time. SECTION 3 The Applicant hereby authorizes and directs the Town Manager to act for the Applicant in dealing with the Department for the purposes of the Program, and that the Town Manager is hereby officially designated as the Town representative in this regard. SECTION 4 The Applicant, hereby specifically authorizes the Town Manager to make application to the Department concerning the site known as Whitley Place Park and Cockrell Park (Cockrell Park includes 17.1 acres of newly acquired land) in the Town of Prosper for 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 lease of the term, if legal control is through a lease). Projects funded with federal monies may have differing requirements. SECTION 5 This Resolution shall take effect and be in full force from and after its passage, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule Charter of the Town of Prosper, Texas. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 10TH DAY OF OCTOBER 2017. ,0111111111111 do • Robyn B ,Town Secr 11►� D AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney APPROVED: Ray Smith Mayor Resolution No. 17-75, Page 2 OWN OF PLSPER Prosper is a place where everyone matters. From: Paul Naughton, RLA, Landscape Architect Through: Dudley Raymond, Director of Parks and Recreatlo4 Hulon Webb, P.E. Executive uprector of Development and Community Services Kelly Neal, CGFO, CPM, Finance Director �d9p Date: September 5, 2018 Re: Texas Parks and Wildlife Non -Urban Outdoor Grant Applicant's Certification & Program Assurance Manager's Memorandum ROUTING Legal Purchasing I ' TV 7 14 pproved [ ] Denied y TSO ,`- Ili �� ►y Description of Item: The Town of Prosper is pursuing this year's Texas Parks and Wildlife Non -Urban Outdoor Grant. Feedback from last year's application indicated the project would have been awarded funding, but due to a one-time legislative rider there were $5 million less funds available. TPWD expects full funding for this round of grant applications. After discussions with Texas Parks and Wildlife Staff, certain documents will be able to be resubmitted from last year's application without an update, such as the resolution passed by Council October 10th, 2017. One form that does require an updated signature is the Certification and Program Assurances Form. This form is attached for your signature. Fiscal Impact: As the same as last year, the requested amount from the Texas Parks & Wildlife Department Outdoor Recreation Grant is $500,000. The 17.1 acres of land the Town purchased in 2015 (Patin Property) will be used as local match for the project. The existing CIP Budget has $70,000 budgeted for design in FY 2017-18 and $500,000 budgeted for construction in FY 2018-2019. It is anticipated that if the Town is not successful in getting the grant the pavilion and picnic tables will be cut from the scope, as well as other items as needed to keep the project in budget. These items were added to the project so it would score higher. Leqal Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Certification and Program Assurances as to form and legality. Town Staff Recommendation: Town Staff recommends that the Town Manager signs the attached Certification & Program Assurance Form. Attachments: 1. Debriefing notes with Texas Parks and Wildlife from last year's application. 2. Last year's Council Staff Report, Resolution and Certification & Program Assurance. 3. Certification & Program Assurance Form. Page 1 of 1 Local Park Grant Program Applicant's Certification & Program Assurances As the duly authorized representative of the sponsor designated in the Resolution Section 3, 1 certify that the Applicant: 1. Has complied with all pertinent local and state laws, and Local Parks Grants Program requirements regarding public hearings, including floodplain development, if appropriate. 2. Has the required proportionate share of funds available and sufficient for the project as required by Section 13.309 of the Parks and Wildlife Code. 3. Will maintain and operate areas acquired or developed with program assistance at sponsor expense as required by Section 13.309 of the Parks & Wildlife Code. 4. Will permanently dedicate for public park and recreation use all project area(s) which receive program assistance, as required by Chapter 640.1.2 of the Local Park Grant Program Manual. 5. Has the legal authority to apply for program assistance and the institutional, managerial and financial capability to ensure proper planning, management and completion of the project described in this application. 6. Will give the State of Texas, hereafter referred to as "State," through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 7. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the Texas Parks & Wildlife Department, and will record any federal interest in the title of real property in accordance with U. S. Department of Interior directives. 8. Will dedicate and permanently maintain any property designated as a natural area, wetland, or open space to meet program guidelines. 9. Will comply with all provisions of the "Summary of Guidelines for Administration of Local Park Grant Acquisition & Development Projects." 10. Will comply with the requirements of the Department with regard to the drafting, review and approval of construction plans and specifications. 11. Will obtain all required state and/or federal permits related to project development. 12. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the completed work conforms to the approved plans and specifications. 13. Will furnish quarterly progress reports and such other information as may be required by the Department. 14. Will initiate and complete the work within the applicable time frame after receipt of approval from the Department. 15. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. PWD 1069C - P4000 (06/2017) Applicant's Certification & Program Assurances - Continued 16. Will comply with all State and Federal statues relating to non-discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1686) which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which prohibits discrimination on the basis of age; (e) any other non-discrimination provisions in the specific statute(s) under which application for program assistance is being made, and (f) the requirements of any other non-discrimination statute(s) which may apply to the application. 17. Will comply with the flood insurance purchase requirements of Section 4012(a) of the Flood Disaster Protection Act of 1973 which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance in an amount at least equal to its development or project cost. 18. Will comply with environmental standards which may be prescribed to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuance to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplain in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S. C. §§ 1451 et seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.);(g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 19. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 20. Will assist the Department in assuring compliance with the Texas Antiquities Code. 21. Will cause to be performed the required financial and compliance audits in accordance with the state or federal Single Audit requirements. 22. Will comply with all applicable requirements of all other State and Federal laws, regulations and policies governing this program. Town of Prosper/Whitlqy Place Trail Extension and Amenities Sponsor/ Pr ject Na f f Signature of O ficial .adzed in Resolution. Harlan Jefferson, Town Manager Print Name and Ti le of O�ciall Date PWD 1069C - P4000 (06/2017) Blais &Associates professional grant management Memorandum To: Paul Naughton, RLA, Landscape Architect, Town of Prosper From: Liz Range -Pendell, Blais & Associates, Inc. (B&A) Date: April 12, 2018 Subject: TPWD Non -Urban Outdoor Recreation Grant: Whitley Place Trail Extension and Amenities — Debriefing Notes On April 12, 2018, Town Staff and B&A spoke with Dana Lagarde from the Texas Parks and Wildlife Department (TPWD) regarding the Town of Prosper's Whitley Place Trail Extension and Amenities project application to the TPWD's Non -Urban Outdoor Recreation Grant program. On Call: Dana Lagarde TPWD Local Park Grants Manager (512) 389-8175 Dana.La arde tnwd.texas.eov Paul Naughton, RLA Landscape Architect, Town of Prosper (972)569-1160 Paul NauehtonPvrosoertx.eov Liz Range -Pendell Blais & Associates (512) 507-5065 Lranee-oendel ICa) bla isassoc.com Proiect Summary The Town of Prosper requested $500,000 from the TPWD Non -Urban Outdoor Recreation Grant program to develop the Whitley Place Trail Extension and Amenities Project. The proposed project included an approximately 2,650 -linear -foot long (approximately 0.50 miles) by 10 -foot wide concrete, linear trail connecting Whitley Place and Cockrell Parks along a greenbelt, a pedestrian and bicycle bridge to cross Wilson Creek, six picnic tables, a 20 -foot by 30 -foot covered, lighted pavilion with a concrete pad and decorative concrete plaza, and two benches. The project was not selected for funding. The following is a summary of the feedback and comments relayed during the call: Town of Prosper —TPWD Non -Urban Outdoor Recreation Grant Debriefing Page 2 Summary of arorzram fundine: • The cut-off for scoring was 74 points for this competition. This is a higher cut-off than in past years. Prosper's application scored 66 points. ■ There was $5 million less in this round of funding due to a one-time legislative rider. TPWD expects full funding in the next round (October 2018). Overall Feedback: Ms. Lagarde stated that the application was well-done and maximized all the possible points. The funding simply ran out. In any other year, the project would have been within the funding range. • The $5 million shortfall meant that fewer applications could be funded in this round. Scorine and areas application could have improved: • Ms. Lagarde mentioned that it seemed the application picked up all the points possible for the categories, but offered some ideas for increasing points if the project was manipulated in some areas: o If the Town proposes to dedicate part of the land as 'open space' in perpetuity (meaning minimally invasive construction on the property like a trail only), the project could gain more points. Please see below. There are three ways to garner points for land acquisition: 1) An applicant can get points for land acquisition of needed parkland (0-5 points). This is what the Town did for this application; 2) Project can be for acquisition and conservation of natural open space that is two acres or larger in size, relatively free of man-made structures and which is identified in an acceptable and adopted local, jurisdiction -wide open space plan or master plan. Points based on acreage and/or quality (0-15 points). Ms. taaarde suaaested_this could be a wov to anther more points; or 3) Project provides for the acquisition and conservation of a government - identified natural area which is recognized in an acceptable, published planning document for having valuable or vulnerable natural resources, ecological processes, or rare, threatened, or endangered species of vegetation or wildlife. Points are based on acreage and/or quality (0-25 points). Town of Prosper —TPWD Non -Urban Outdoor Recreation Grant Debriefing Page 3 o There is a range of zero to 10 points for sustainable park design. The application got two points for LED lighting. If the Town committed to using sustainable or recycled materials the application could pick up more points. o If the Town considered holding dedicated land, and using it as a donation/cash match, this would garner more points (for third party match). Closing Comments: Ms. Lagarde mentioned that the Waiver of Retroactivity for this project has been extended in the past, and that they are willing to extend it for one more year in case the Town wants to apply in October 2018. That will be the last time it can be extended. • Ms. Lagarde reminded us to pursue getting the Waiver of Retroactivity before paying for the land so that it can be counted toward match for the Non -Urban Outdoor Grant program. She also said that a Waiver is good for the remainder of the fiscal year in which it is procured, plus one more fiscal year. The first year it is good for both federal and state funds. In the second year it is only good for state funds. • The Town can have a third party, like the Texas Parks Foundation, hold the property until it is time to apply for a grant, then the Town can procure the Waiver. • Tim Hogsett will remain the contact for the Texas Parks Foundation until May, when he will retire. After that, please contact Dana with any questions about the Texas Parks Foundation. End of Memo— PARKS & RECREATION - TOWN OF SPER Prosper is a place where everyone matters. To: Mayor and Town Council From: Dudley Raymond, RLA, Director of Parks and Recreation Through: Harlan Jefferson, Town Manager Re: Town Council Meeting — September 12, 2017 Agenda Item: Consider and act upon a resolution authorizing the Town Manager to execute an application to the Texas Parks & Wildlife Department Outdoor Recreation Grant for the development of the Whitley Place Trail Extension Project. Description of Aaenda Item: Town staff is developing an application for the Texas Parks & Wildlife Department Outdoor Recreation Grant to assist in the development of the Whitley Place Trail Extension Project. The Texas Parks & Wildlife Department Outdoor Recreation Grant assists local units of government with the acquisition and/or development of public recreation areas and facilities throughout the State of Texas. The program provides 50% matching grants on a reimbursement basis to eligible applicants. All grant -assisted sites must be dedicated as parkland in perpetuity, properly maintained, and open to the public. Funding for these programs comes from a portion of the state sales tax on sporting goods through the Texas Recreation and Parks Account, the Texas Large County & Municipality Recreation & Parks Account, and from the federal Land and Water Conservation Fund. The project proposed will extend the existing Whitley Place Hike and Bike Trail, connecting Whitley Place Park to Cockrell Elementary, and add amenities such as picnic tables, and a pavilion adjacent to the existing playground. The proposed trail will close the gap in our trail network between Cockrell Elementary and Whitley Place Park, two destinations that are now separated by Wilson Creek. The added amenities will ensure that residents can enjoy the area and create a safe route to school coming from Whitley Place. The estimated cost of construction for the Whitley Place Trail Extension is approximately $625,000. TPWD will allow the Town to use the land previously purchased as a portion of this project even though the 17.1 acres were purchased in 2014. So in effect, the project has a total cost of approximately of $1,571,765. With the maximum participation by TPWD of $500,000, that leaves the Town responsible for the land that was purchased previously for $946,765 and the $125,000 construction cost that is not being covered by the matching funds. Page 1 of 2 TOWN OF PROSPER, TEXAS RESOLUTION NO. 17-75 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, 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 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; and WHEREAS, the Applicant is desirous of authorizing an official to represent and act for the Applicant in dealing with the Department concerning the Program. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The Applicant hereby certifies that they are eligible to receive assistance under the Program, and that notice of application has been posted according to local public hearing requirements. SECTION 2 The Applicant hereby certifies that the matching share for this application is readily available at this time. SECTION 3 The Applicant hereby authorizes and directs the Town Manager to act for the Applicant in dealing with the Department for the purposes of the Program, and that the Town Manager is hereby officially designated as the Town representative in this regard. SECTION 4 The Applicant, hereby specifically authorizes the Town Manager to make application to the Department concerning the site known as Whitley Place Park and Cockrell Park (Cockrell Park includes 17.1 acres of newly acquired land) in the Town of Prosper for 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 lease of the term, if legal control is through a lease). Projects funded with federal monies may have differing requirements. SECTION 5 This Resolution shall take effect and be in full force from and after its passage, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule Charter of the Town of Prosper, Texas. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 10TH DAY OF OCTOBER 2017. P Flo: •'; r o 0- do * 4 Terrence S. Welch, Town Attorney APPROVED: Ray Smlth� Mayor Resolution No. 17-75, Page 2 Local Park Grant Program Applicant's Certification & Program Assurances As the duly authorized representative of the sponsor designated in the Resolution Section 3, 1 certify that the Applicant: 1. Has complied with all pertinent local and state laws, and Local Parks Grants Program requirements regarding public hearings, including floodplain development, if appropriate. 2. Has the required proportionate share of funds available and sufficient for the project as required by Section 13.309 of the Parks and Wildlife Code. 3. Will maintain and operate areas acquired or developed with program assistance at sponsor expense as required by Section 13.309 of the Parks & Wildlife Code. 4. Will permanently dedicate for public park and recreation use all project area(s) which receive program assistance, as required by Chapter 640.1.2 of the Local Park Grant Program Manual. 5. Has the legal authority to apply for program assistance and the institutional, managerial and financial capability to ensure proper planning, management and completion of the project described in this application. 6. Will give the State of Texas, hereafter referred to as "State," through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 7. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the Texas Parks & Wildlife Department, and will record any federal interest in the title of real property in accordance with U. S. Department of Interior directives. 8. Will dedicate and permanently maintain any property designated as a natural area, wetland, or open space to meet program guidelines. 9. Will comply with all provisions of the "Summary of Guidelines for Administration of Local Park Grant Acquisition & Development Projects." 10. Will comply with the requirements of the Department with regard to the drafting, review and approval of construction plans and specifications. 11. Will obtain all required state and/or federal permits related to project development. 12. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the completed work conforms to the approved plans and specifications. 13. Will furnish quarterly progress reports and such other information as may be required by the Department. 14. Will initiate and complete the work within the applicable time frame after receipt of approval from the Department. 15. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. PWD 1069C - P4000 (0612017) Applicant's Certification & Program Assurances - Continued 16. Will comply with all State and Federal statues relating to non-discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1686) which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107) which prohibits discrimination on the basis of age; (e) any other non-discrimination provisions in the specific statute(s) under which application for program assistance is being made, and (f) the requirements of any other non-discrimination statute(s) which may apply to the application. 17. Will comply with the flood insurance purchase requirements of Section 4012(a) of the Flood Disaster Protection Act of 1973 which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance in an amount at least equal to its development or project cost. 18. Will comply with environmental standards which may be prescribed to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuance to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplain in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S. C. §§ 1451 et seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.);(g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 19. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 20. Will assist the Department in assuring compliance with the Texas Antiquities Code. 21. Will cause to be performed the required financial and compliance audits in accordance with the state or federal Single Audit requirements. 22. Will comply with all applicable requirements of all other State and Federal laws, regulations and policies governing this program. Town of Prosper/Whitle PI Trail Extension Sponsor/ Pr ject Nam f Sign urea Offi'oal u#h esnlutior< Harlan Jefferson, Town Manager Print Name an Title Official Qat PWD 10690 - P4000 (06/2017)