15-62 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 15-62
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AUTHORIZING THE TOWN MANAGER TO ACT ON BEHALF OF
THE TOWN OF PROSPER RELATIVE TO ANY APPLICATIONS FOR
GRANTS OR OTHER ASSISTANCE FROM THE TEXAS PARKS & WILDLIFE
DEPARTMENT; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Town of .Prosper, Texas ("Applicant"), is fully eligible to receive
assistance from the Texas Parks & Wildlife Department ("Department") for the purpose of
participating in the Local Park Grant Program ("Program") administered by the Department; and
WHEREAS, the Town, as Applicant, is desirous of authorizing an official to represent
and act for the Town in dealing with the Department concerning the Program; and
WHEREAS, the Town Council hereby finds and determines that it will be advantageous,
beneficial and in the best interests of the citizens of Prosper to authorize the Town Manager to
act on behalf of the Town, as 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 findings set forth above are incorporated into the body of this Resolution as if fully set
forth herein.
SECTION 2
The Town, as Applicant, hereby certifies that (i) it is eligible to receive assistance under the
Program, and that notice of the application has been posted according to the Town's public
hearing requirements; and (ii) the matching share for this application is readily available at this
time.
SECTION 3
The Town, as Applicant, hereby authorizes and directs the Town Manager to act for the
Town in dealing with the Department for the purposes of the Program, and the Town Manager is
hereby officially designated as the Town representative in this regard.
SECTION 4
The Town, as Applicant, hereby specifically authorizes the Town Manager to make
application to the Department concerning the site known as Frontier Park North in the Town of
Prosper for use as a park site and said site is dedicated for public park and recreation purposes in
perpetuity; and further, the Town acknowledges that 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 22ND DAY OF SEPTEMBER, 2015.
APPROVED:
Ray Smith, Mayor
ATTEST*-'
Robyn Battle, own Secretary
APPROVED AS TO FORM AND LEGALITY:
14-1
Terrence S. Welch, Town Attorn
Pr
Resolution No. 15-62, 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 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.
Town of Prosper, Texas / Frontie
Epos / Project rn
Signature of Official zed gn R�
Harlan Jefferson / Town Manager
Print Name and Tittle of Official
Date
PWD 1069C - P4000 (01/2014)
Park North