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CONTRqCT NC.� . �
MEMORANDUM OF AGREEMENT
This MEMORANDUM OF AGREEMENT is made and entered into this the
�, � day of ����:,1� , 2007, by and between the CITY OF FORT
WORTH, a home rule municipal corporation of the State of Texas, located within
Tarrant, Denton and Wise Counties, Texas (hereinafter referred to as the "City"), the
TARRANT REGIONAL WATER DISTRICT, a conservation and reclamation district
organized under Article 16, Section 59 of The Texas Constitution (hereinafter referred to
as "District") and the County of Tarrant, (hereinafter referred to as "County") a county
organized under the law of the State of Texas.
WHEREAS, in 1980, the Texas Parks and Wildlife Department purchased
approximately 400 acres located in Tan�ant County, Texas, bordering the east side of
Eagle Mountain Lalce south of Peden Road and west of Morris Dido Newarlc Road in
arder to develop a public state park; and
WHEREAS, for more than 25 years, the area has remained undeveloped and
inaccessible to the public and because the site is now deemed to be too small for a major
state park, the Texas General Land Office plans to sell the area in order to buy a larger
tract of land for a regional parlc; and
WHEREAS, The Trust for Public Land, a San Francisco—based nonprofit
organization specializing in developing parlcland thorough public-private partnerships,
filed a letter of intent with the Texas General Land Office and worked with the District,
the County, TXU and various private entities to bring a coalition of public and private
entities together to purchase the property in order to preserve and develop the area as a
public park with picnic areas, bathroom facilities, hiking trails, and open areas for
viewing wildlife; and
WHEREAS, upon purchase, the District will own, and the District and County
will manage, the area as a public parlc and natural area; and
WHEREAS, the District and the County have pledged six million dollars towards
the purchase of the parkland, but additional funds are needed to complete the land
transaction; and
WHEREAS, the City has determined that the parkland, by virtue of its location
within the City's extraterritorial jurisdiction and its proximity to the city limits and the
citizens of Fort Worth, is suitable for conservation as a public park; and
WHEREAS, the City wishes to obligate $500,000 through the adoption of an
appropriation ordinance, in order to cooperate with the District, Texas General Land
Office, the County and other interested parties in the purchase of the area for use as a
public park, contingent upon the use and maintenance of, and access to, the park for
citizens of the County and City;
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NOW THEREFORE, in consideration of the mutual covenants herein expressed,
the parties agree as follows:
Section I.
Intent and Purpose
The intent of this Memorandum is to memorialize the agreements between and
among the City, the District and the County for the purchase, use and maintenance of,
and access to, approximately 400 acres located in Tarrant County, Texas, bordering the
east side of Eagle Mountain Lake south of Peden Road and west of Morris Dido Newark
Road as a public state parlc for citizens of the County and the City.
Section II.
Definitions
As used in this Memorandum, the following terms have the meaning given below:
"Eagle Mountain Lake Par•kland" or� "the Payk" means approximately 400 acres of land
located in Tarrant County, Texas bordering the east side of Eagle Mountain Lake south of
Peden Road and west of Morris Dido Newarlc Road.
"Park use" means granting the general public access to the natural green space and
various amenities of a low-impact park including, but not limited to, pedestrian and non-
motorized watercraft access to the Park and Eagle Mountain Lake for citizens of the
County and City.
"Low-impact park" means a fully developed public use parlc focused on the conservation
and preservation of open space, including pedestrian and appropriate non-motorized
watercraft amenities and access.
"Maintenance" means the appropriate and continued preservation and care of the natural
green space within the parlc and any improvements built after the effective date of this
Memorandum.
Section III.
Term
The term of this Memorandum shall begin upon signature and approval by all
Parties and shall continue in perpetuity unless sooner terminated by mutual written
consent of both Parties.
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Section IV.
Obligations of Parties
District and County a�ree as follows:
1. After the purchase and conveyance of the Eagle Mountain Lalce Parlcland to the
District, the District and County agree to develop a low-impact park, in accordance with
the terms of this Memorandum, to include pedestrian and non-motorized watercraft
access to the Park and Eagle Mountain Lake, parking areas, picnic areas, bathroom
facilities, biking/hilcing trails and open areas for viewing wildlife which will be
accessible to citizens of the County and the City.
2. The District, the County and the City shall worlc cooperatively together to design
the layout and amenities of the Parlc to preserve the open space of the Parlc while
maximizing the use of the Park and access to the lake for pedestrians and non-motorized
watercraft by the citizens of the County and the City.
3. The District shall be responsible for funding and constructing the proposed
amenities in accordance with the plans as agreed to by the bistrict and the County.
4. The Park shall be subject to similar rules, regulations and methods of operation as
other public parks operated by the District for the public benefit.
5. The District agrees to conduct a feasibility study for the construction of a public
accessible boat ramp in another area on Eagle Mountain Lake for use by the citizens of
the County and City in lieu of providing a boat ramp for motorized watercraft at the Park.
6. The District, for itself, its successors in interest and assigns, agrees as a covenant
running with the land and as part of the consideration herein to operate the Parlc so that
no person shall be excluded from participation in or denied the benefits or use of the Parlc
on the basis of race, color, national origin, religion, handicap, sex, sexual orientation or
familial status.
7. District and County understand that the deed tendered from the General Land
Office will contain language restricting the use of the property as a public park. The
District agrees that if the Park is sold to a party other than the County or the City, the
County and the City shall receive a proportional share of the net sale proceeds equal to
the percentage of financial contribution of each entity to the total purchase price at the
time the land was purchased by the District.
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City agrees as follows:
1. In accordance with the terms of this Memorandum, City agrees to obligate
$500,000 toward the purchase of the Parlc. The City shall not be obligated to expend City
funds for the operation or maintenance of the Park either before or after annexation of the
area. The City represents that such funds are available out of current revenue and agrees
to deliver such funds to ar for the benefit of the District and County to purchase the Parlc
within five (5) days of the District's written request therefor.
2. City agrees to provide Parlcs and Community Service staff to work cooperatively
with the District and the County to design the layout and amenities of the Park.
Section V.
General Provisions
L If any of the Provisions contained in this Agreement shall be held, for any reason,
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability, shall be construed as if such invalid, illegal, or unenforceable provision
had never been contained herein.
2 No waiver by the parties hereto of any default or breach or the failure to insist
upon the performance of any term, condition, provisions or covenant of this Agreement
shall be deemed to be a waiver or relinquishment to any extent of any other breach of the
same or any other term, condition, provision, or covenant contained herein or the right of
the parties to assert or rely upon any such term.
3. This contract shall be construed in accordance with the laws of the State of Texas.
Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance or non-performance of this contract and agreement,
venue for said action shall lie in the courts of competent jurisdiction of Tarrant County,
Texas..
4. This Agreement constitutes the sole and only agreement of the parties hereto and
supersedes any prior understanding or written or oral agreements between the parties
respecting the subject matter.
5 No amendment, modification or alteration of the terms hereof shall be binding
unless the same is in writing, dated subsequent to the date hereof and duly executed by
the parties hereto.
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6. The governing bodies of the City, the County and the District have duly
authorized this Agreement, and the Agreement is a valid and enforceable obligation of
each.
Executed the � 6� day of f✓',li � , 2007.
CITY OF FORT WORTH TARRANT REGIONAL WATER
1000 Throckmorton Street DISTRICT
Fort Worth, Texas 76102 Post Office Box 4508
By: �.-
�Sistan� City Manager
ATTEST:
By: I �
Marty Hend x, City Secreta �y
Fort Worth, Texas 76164-0508
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By: �� �� g` f_
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f��$, 5��r � General Manager
APPROVED AS TO FORM AND LEGALITY:
B . C�� G�/.
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City Attorney
COUNTY OF TARRANT
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APPROVED AS T
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Attorney*
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Contrac�� Autharizatiom
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*By law, the District's Attorney's Ofiice may only advise or approve contracts or legal documents on
behalf of its clients. It may not advise or approve a conri�act or legal document on behalf of oth �.; �"�G,��,� �;,.•
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Our view of this document was conducted solely fi�om the legal perspective of our client. Our approval of
this document was offered solely for the benefit of our client. Other parties should not rely on this approval
and should seek review and approval by their own attoiney(s).
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A RESOLUTION
NO. 3459-02-2007
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE TARRANT
REGIONAL WATER DISTRICT FOR THE PURCHASE AND USE OF
EAGLE MOUNTAIN LAI� PARK
AND ADOPTION OF AN APPROPRIATION ORDINANCE
WHEREAS, in 1980, the Texas Parks and Wildlife Department purchased approximately 400 acres
located in Tarrant County, Texas, bordering the east side of Eagle Mountain Lake south of Peden Road and west
of Morris Dido Newark Road in order to develop a public state park; and
WHEREAS, for more than 25 yeazs, the area has remained undeveloped and inaccessible to the public
and because the site is now deemed to be too small for a major state park, the Texas General Land Office plans to
sale the area in order to buy a larger tract of land for a regional park in Palo Pinto County; and
WH��REAS, The Trust for Public Land, a San Francisco-based nonprofit organization specializing in
developing parkland thorough public-private partnerships, has � filed an letter of intent with. the Texas General
Land Office and is working with the Tarrant Regional Water District, Tarrant County, TXU and various private
entities to bring a coalition of public and private entities together to purchase the properly in order to preserve and
develop the area as a public park with picnic areas, bathroom facilities, hiking trails, and open areas for viewing
wildlife; and
WHEREAS, upon purchase, the Tarrant Regional Water District would own and manage the area as a
public park and natural area; and
WH��REAS, the Tarrant Regional Water Disirict and Tarrant Couniy have pledged six million dollars
towards the purchase of the area parkland, but additional funds are needed to complete the land transaction; and
WH�REAS, the City of Fort Worth has determined that the area, by virtue of its location within the
City's extraterritorial jurisdiction and its proximity to the city limits and the citizens of Fort Worth, is suitable for
conservation as a public park; and
WH��REAS, the City Council, by obligating $500,000 through the adoption of the attached appropriation
ordinance, wishes to cooperate with the Tarrant Regional Water Dislrict, Texas General Land Office, Tarrant
County and other interested parties in the purchase of the azea for use as a public park, contingent upon the
execution of an agreement with the District for the purchase use and maintenance of the park for Tarrant County
and the City of Fort Worth citizens;
NOW, TH��REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS, THAT:
1. The attached ordinance be adopted appropriating $500,000 towards the purchase of appro�mately 400
acres located in Tarrant County, Texas, bordering the east side of Eagle Mountain Lake south of Peden
Road and west of Morris Dido Newark Road in order to develop a state park contingent upon the
execution of an agreement with the District for the purchase, use and maintenance of the park for Tarrant
County and the City of Fort Worth citizens.
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Resolution No. 3459-02-2007
2. The City Council hereby authorizes and directs the City Manager to execute an agreement with the
Tarrant Regional Water Distxict for the purchase, use and maintenance of the park and access, including
but not limited to, pedestrian and watercraft access to Eagle Mountain Lake from the park for Tarrant
County and the City of Fort Worth citizens.
3. Nothing contained herein shall obligate the City of Fort Worth to expend City funds for the operation or
maintenance of the parkland either before or after annexation of the area.
4. Request that the City Manager explore working with Tarrant County, the Tan-ant Regional Water District
and the State for the dedication of mineral interest proceeds generated from the park toward future
improvement and maintenance of this park.
AND IT IS 50 RESOLVED.
ADOPTED this 20'� day of February , 2007.
ATTEST:
By: �� ,
Mas-ty Hendrix, ' Secretary
APPROVED
ci�Y cou�ciL
FEB 2 0 2007
� ge�of the
City 3f Forl Worth, Texas
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Ordinance No.17415-02-2007
AN ORDINANCE INCREASING APPROPRIATIONS IN THE GENERAL FUND IN
THE AMOUNT OF $500.000 AND DECREASING THE UNRESERVED,
UNDESIGNATED FUND BALANCE BY THE SAME AMOUNT, FOR THE
PURPOSE OF PURCHASING APPROXIMATELY 400 ACRES LOCATED IN
TARRANT COUNTY, TEXAS, BORDERING THE EAST SIDE OF EAGLE
MOUNTAIN LAKE SOUTH OF PEDEN ROAD AND WEST OF MORRIS DIDO
NEWARK ROAD FOR TARRANT COUNTY AND THE CITY OF FORT WORTH
CITIZENS; PROVIDING FOR A SEVERABILITY CLP.USE; MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2006-
2007 in tfie Budget of the City Manager, there shall also be increased appropriations in the General
Fund in the amount of $500,000 and decreasing the unreserved, undesignated fund balance by fhe
same amount, for the purpose of purchasing approximately 400 acres located in Tarrant County,
Texas, bordering the east side of Eagle Mountain Lake south of Peden Road and west of Morris
Dido Newark Road for Tarrant County and the City of Fort Worth citizens.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid,
inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or
judgment shali in no way impair the remaining portions, sections, or parts of secfiaons of this
ordinance, which said remaining provisions shall be and remain in full force and effeck
SECTION 3.
That this ordinance shall be cumulaY�ve of Ordinance No. 17142 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance
are in direct conflict with such other ordinances and appropriations, in which instance said
confliciing provisions of said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take efFect upon adoption,
APP OVED AS T'O FORM AND LEGALITY:
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Assistant City A rney
ADOPTED AND EFFECTIVE: February 20, 2007