HomeMy WebLinkAboutContract 32301-IP1AD1 CSC No.32301-IP1AD1
MEMORANDUM OF UNDERSTANDING
BETWEEN THE TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
AND THE PARK& RECREATION DEPARTMENT
THIS Memorandum of Understanding ("MOU") is between the Stormwater Management
Division of the Transportation and Public Works Department (TPW) and the Park Operations
Division of the Park& Recreation Department(PARD).
WITNESSETH:
WHEREAS,the Stormwater Management Division of TPW applied for a United States Army
Corps of Engineers (USACE) Individual Permit for drainage improvements to the Lebow Channel,
Permit# SWF-2010-00470; and
WHEREAS, the USACE approved the Individual Permit for drainage improvements to the
Lebow Channel, # SWF-2010-00470, on June 26, 2018 (For Permit and Attachments, Ref. City
Secretary Contract Number 32301-IP1); and
WHEREAS, the USACE Individual Permit requires the City of Fort Worth to implement the
Mitigation Plan (MP) titled "LEBOW DRAINAGE SEQUENCING AND MITIGATION PLAN" that
was submitted to the USACE as an attachment to the Individual Permit; and
WHEREAS, the MP specifies areas along the Lebow Channel (shown in attached Exhibit
A)to be converted from parkland and dedicated as mitigation areas in perpetuity; and
WHERAS, the MP establishes management rules for the dedicated mitigation areas; and
WHEREAS, Stormwater Management Division of TPW and the Park Operations Division of
the Park& Recreation Department desire to jointly manage the dedicated mitigation areas;
NOW THEREFORE, in consideration of the above recitals and the premises and
agreements, covenants and promises herein set forth, it is agreed as follows:
Section 1. OBLIGATIONS OF THE PARK OPERATIONS DIVISION OF THE PARK &
RECREATION DEPARTMENT:
A. PARD agrees not to maintain the area shown in Exhibit A (i.e. cutting live trees,
shrubs, vines, or grasses) and as stipulated in the MP;
B. PARD agrees that there will be no grading, excavation, or discharging of materials
into the mitigation area shown in Exhibit A and as stipulated in the MP; and,
C. PARD may, at its discretion or through coordination with the Stormwater
Management Division of TPW, remove any hazard trees (dead and/or a threat to adjacent
property), remove trash/debris, and control any exotic and/or native ecologically invasive plant
OFFICIAL RECORD
Lebow Channel Mitigation Area CITY SECRETARY
Memorandum of Understanding FT.WORTH,TX Page 1 of 3
species in accordance with the MP and if such species compromise the success of the planted
vegetation.
Section 2. OBLIGATIONS OF STORMWATER MANAGEMENT DIVISION OF TPW:
A. Stormwater Management Division of TPW agrees to implement the required
mitigation plan including the installation and maintenance of plant materials during the
establishment period;
B. Stormwater Management Division of TPW agrees to coordinate the mitigation area
inspections during the establishment period as outlined in the MP;
C. Stormwater Management Division of TPW agrees to install and maintain signage
delineating the mitigation area as stipulated in the MP and at locations mutually agreed to between
both parties herein;
D. Stormwater Management Division of TPW agrees not to maintain the area shown
in Exhibit A(i.e. cutting live trees, shrubs, vines, or grasses) and as stipulated in the MP;
E. Stormwater Management Division of TPW agrees that there will be no grading,
excavation, or discharging of materials into the mitigation area shown in Exhibit A and as
stipulated in the MP; and,
F. Stormwater Management Division of TPW may, at its discretion or through
coordination with PARD, remove any hazard trees (dead and/or a threat to adjacent property),
remove trash/debris, and control any exotic and/or native ecologically invasive plant species in
accordance with the MP and if such species compromise the success of the planted vegetation.
Section 3. TERM OF MEMORANDUM
This MOU shall continue in force and effect in perpetuity.
Lebow Channel Mitigation Area
Memorandum of Understanding Page 2 of 3
ACCORDINGLY, the departments acting by and through their respective department heads have
caused this MOU to be executed, to be effective upon the date subscribed by the last party to
make this MOU fully executed.
Stormwater Management Division Park Operations Division
Transportation and Public Works Park & Recreation Department
By By Richard�GLIa��Za02 11.41 a�CDT)
William Johnson, Director Richard Zavala, Director
Date: Oct 5, 2020 Date: Oct 5, 2020
By g5i ons(Oct2,202015:15 CDT) By. Sandra Youn o (Oct 2,202016:1T CDT)
Greg Simmons, Assistant Director Sandra Youngblood, Assistant Director
Date: Oct 2, 2020 Date: Oct 2, 2020
9eWdjit^M ba�,�ce C i X
By.Jennifer Nf Dyke(Sep 29,7b201T:16 CDT) By. Craig Fox(Oct 2,202015:02 CDT)
Jennifer Dyke, Stormwater Program Manager Craig Fox, Interim City Forester
Date: Sep 29, 2020 Date: Oct 2, 2020
Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
1-ada"W&
Linda Young(Sep 29, 2012:23 CDT)
Linda S. Young, TPW Stormwater
OFFICIAL RECORD
Lebow Channel Mitigation Area CITY SECRETARY
Memorandum of Understanding FT.WORTH,TX Page 3 of 3
_ _ EXHIBIT A
' Trail Drivers Park
V "' Note: The USACE Permit
Mitigation Area is fully
defined in the Individual
s Permit SWF-2010-00470
as issued by the
l S Department of the Army,
1. v. Fort Worth District, Corps
of Engineers.A copy has
been filed with the Fort
-� Worth City Secretary's
office and saved to the
* Laserfiche system under
CSCN 32301-IP1.
I
I
s -
y Sienaee (Typical)
= USACE Permit rJ FEDERAL
Mitigation Area MITIGATION AREA
`►�`" _ (See Note) DO NOT MOW
NO CORTAR
,, _ FORT WORTH..
LEBOW CHANNEL DRAINAGE IMPROVEMENTS
Access within the Channel is Prohibited
Prohibido el accesso al canal
Fort Worth City Ordinance No.23722-08-2019
Trespassers may be prosecuted
Texas Penal Code Section 30.05