HomeMy WebLinkAboutContract 45331 (2)cWYSECRETARYLictzN,., ,2
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INTERDEPARTMENTAL MEMORANDUM OF UNDERSTANDING
1.
The Parks and Community Services Department (PACs) was approached by the
Police Department (PD) requesting the use of a portion of West Park for the
construction of equestrian facilities. On October 23, 2012, City Council approved M&C
L-15459, which found that no feasible or prudent alternative exists for the use of a
portion of West Park for the construction of equestrian facilities for the Fort Worth
Police Department Mounted Patrol Unit.
2.
PACS grants PD the privilege to use and occupy ten acres in West Park for the
purpose of constructing an equestrian facility, parking lot and other facilities to support
operations (see attached map "Premises"). As a condition for granting the use of West
Park, PD agrees to maintain, in a condition acceptable to the PACS Director, all turf
areas on the Premises. The maintenance shall, at a minimum, consist of the following
activities:
a) Removal of trash on all turf areas, on an as needed basis, prior to mowing.
b) Mowing of all turf areas, to a height not to exceed three inches, at least every
14 days during the growing season (typically March through November).
c) Litter removal and mowing, as required during the off-season (December
through February), to keep the growth of weeds or other undesirable vegetation
on the Premises from reaching such condition as to violate governmental
requirements, if any, or be hazardous and/or objectionable to the PACS
Director or the adjacent property owners.
d) Maintenance of all planting beds, shrubs and irrigation systems at least monthly
or on an as needed basis.
e) PD may use chemical or mechanical edging and/or trimming to maintain all
improvements and structures located on the Premises, including interior fence
lines, sidewalks, driveways and parking lots, to ensure that weeds and other
undesirable vegetation in these locations do not exceed 12" in height. Typically,
this will require maintenance every month year round. Chemical edging shall
not be used on exterior fence lines.
g)
PD shall work with the City Forester on minimizing impacts to trees as part of
the overall design. Any removal of trees proposed with the development of this
project is subject to review and approval by the City Forester and subject to
mitigation fees. PD assumes the responsibility and liability for any defect in the
designs, working drawings and specifications or other engineering documents
prepared by its employees, contractors and subcontractors.
At the end of each day, PD agrees to pick up all animal waste, within or near all
facilities structures, and place in barrels or other suitable containers to reduce
unpleasant odors (with exception of the turnout pastures and dirt arena located
INTERDEPARTMENTAL MEMORANDUM OF UNDERS JAA811` l:A Page 1 of 4
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to the west of the facilities structures). Barrels or containers will be emptied at
least every other day, or as needed, to ensure odors or ground contamination is
minimized. Proper disposal of trash, animal waste, garbage, litter and debris
shall be the responsibility of PD, at its sole cost and expense.
3.
If it is determined that PD does not maintain the Premises as described above, PACS
shall give written notice that describes the Premises' condition in reasonable detail to
PD. PD must commence curing such identified condition(s) within three calendar days
upon receiving the notice from PACS PACS, in its sole discretion, shall determine if
maintenance of the Premises is not consistent with above requirements. Failure to
maintain the Premises in a manner acceptable to the PACS Director will result in
PACS maintaining the Premises and all costs associated with performing the
necessary maintenance, including the cost of management and supervisory overhead,
shall be billed to the PD and said bill shall be paid within 30 days of receipt.
4.
PACS shall be involved in all negotiations related to the development and construction
of the Premises. PD shall submit to PACS a copy of all plans for review, comment and
approval. PACS must sign and approval all plans. There shall be no clearing,
grubbing or grading on the property without review and approval of plans by PACS
5.
All such construction and improvement will be performed in strict compliance with all
applicable provisions of the Constitution and laws of the State of Texas and the
Charter, ordinances, regulations, polices and directives of the City of Fort Worth. PD
must fully follow all guidelines and regulations for City of Fort Worth without waivers or
variances approved from PACS. PD must comply with the full extent of the tree
ordinance and the requirements for tree preservation as required by the City Forester.
6.
All utilities necessary for development must be approved by PACS, as utilities may
require easements that may trigger a Texas Parks and Wildlife Chapter 26 process.
PD or its contractors shall, at PD's sole cost and expense and subject to the prior
written approval of the PACS Director, have the right to locate necessary utility lines
on the Premises and adjacent property that City has the right to occupy.
7.
PD and its invitees shall obtain all licenses and permits necessary for the construction
of improvements on the Premises. PACS shall be involved in the inspection process
for the site for approval. No changes shall be made on site development plan during
construction without consultation with PACS PACS agent must approve final
payments and be a signee on the green sheet. PD further agrees that it will leave the
Premises in as good or better condition than that which existed prior to its use of the
INTERDEPARTMENTAL MEMORANDUM OF UNDERSTANDING PACS AND PD Page 2 of 4
Premises. PD agrees to maintain the Premises and keep same in good repair and
condition at PD's sole cost and expense.
8.
PD shall be responsible for all damages caused by PD and its invitees and shall fully
repair or otherwise cure all such damages at its sole cost and expense. The PACS
Director shall determine whether any damage has been done, the amount of the
damage and the reasonable costs of repairing the damage. Any damage by PD, or
others incident to the exercise of privileges granted, shall be repaired or replaced by
PD to the reasonable satisfaction of the PACS Director within 30 days of receipt of
written notification from PACS
9.
In the case of construction, site usage or maintenance conflicts, PD and PACS agree
to discuss the issue to come to a resolution. If no resolution can be reached, then the
resolution of any issue would rise to the level of the City Manager's office.
10.
At all times during this agreement, PACS shall have the right, through its agents and
representatives, to enter into and upon the Premises during reasonable business
hours for the purpose of examining and inspecting the same for the purpose of
determining whether PD is in compliance with all of its obligations in respect to the use
of the Premises. An annual meeting every October will be held between PACS and PD
to discuss site usage and maintenance and any other contractual issue or concern.
11.
PD shall notify PACS 90 days prior to vacating the Premises. PD shall vacate the
Premises, remove all property and restore the Premises to a condition satisfactory to
the PACS Director. All facilities constructed on the Premises are subject to demolition
and removal at the sole expense of PD. The PACS Director shall in his sole discretion
determine if any structures or all structure are to be removed from the Premises. Any
structure(s) that are not removed shall be used for a purpose determined by the PACS
Director and PD shall have no further obligation under this agreement.
AGREED to this
3g4) date of ��2%U "Z'Ltedc
Riciard Zavala, Di�P'e" t r I Parks and Community Servicjuf
s
Alanis, Assistant City
Jeffery W. Halstead, Chief
Police Department
Daniels, Assistant City Manager
7
Proposed Equestrian Site
PREMISES
WEST PARK
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INTERDEPARTMENTAL MEMORANDUM OF UNDERSTANDING PACS AND PD
Page 4of4
M&C Review
Page 1 of 3
CIL
DATE 10/23/2012
CODE L
A
Official site of the City of Fort Worth, Texas
FORT WORTH
COUNCIL ACTION. Approved on 12/11/2012
CONTINUED FROM A PREVIOUS WEEK
REFERENCE
NO.:
TYPE*
L-15459
NON -
CONSENT
LOG NAME
PUBLIC
HEARING:
80WEST PARK
MOUNTED PATROL
YES
SUBJECT: Conduct Public Hearing and Authorize Use of a Portion of West Park for Construction of
Equestrian Facilities for the Fort Worth Police Department Mounted Patrol Unit (COUNCIL
DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code,
Chapter 26, Protection of Public Parks and Recreational Lands;
2. Find that no feasible or prudent alternative exists to the use of a portion of West Park for the
construction of equestrian facilities for the Fort Worth Police Department Mounted Patrol Unit;
3. Find that the proposed use includes all reasonable planning to minimize. harm to the parkland and
will be constructed in West Park as specified on the attached Exhibits and as noted in the discussion
below; and
4. Close the public hearing and authorize the use of approximately 10 acres of West Park for the
construction of equestrian facilites for the Fort Worth Police Department Mounted Patrol Unit.
West Park - 8787 Heron Drive, Mapsco 59E, 59F and 59J, south of Heron Drive, west of Las
Vegas Trail and Hickman Road.
DISCUSSION:
The purpose of this Mayor and Council Communication is to authorize the use of approximately 10
acres of West Park for construction of equestrian facilities for the Fort Worth Police Department
Mounted Patrol Unit.
The Parks and Community Services Department (PACSD) has been approached by the Police
Department requesting the use of a portion of West Park for the construction of equestrian facilities.
The proposed project is needed to replace the existing facility used by the Mounted Patrol Unit in the
near northside/stockyards area. The existing facility is more than 25 years old, lacks restroom and
locker room facilities and has inadequate storage and office areas. Since this facility was originally
built, the size of the Mounted Patrol Unit has more than doubled, and although temporary stalls were
added to house the additional animals, the current site does not provide sufficient exercise or turn -out
areas for the animals. Construction of a new larger facility at West Park will allow the Police
Department to correct all of these deficiencies.
West Park was dedicated as parkland in 2007 (M&C L-14278) and consists of approximately 212
acres. The proposed location for the facility is appropriate with the master plan and is consistent with
existing compatible use and development for West Park.
http://apps.cfwnet. org/council_packet/mc_review.asp?ID=17498&councildate=12/ 11 /2012 11/26/2013
M&C Review Page 2 of 3
The Police Department proposes to enter into an interdepartmental Agreement with PACSD for the
construction of the new mounted patrol equestrian facilities on a 10 acre area that is west of Las
Vegas Trail and immediately north of an existing Future Farmers of America (FFA) barn and facility
operated under lease by the Fort Worth Independent School District (FWISD) (City Secretary
Contract No 31683). The attached documents contain additional details regarding the proposed
facility and diagrams showing its location.
Approximately 45,000 square feet will be dedicated to the following facilities: horse stalls, walker
area, covered demonstration arena, storage facility and administrative offices. The remaining portion
of the land will include surface parking lots, open lawn and pasture land. As part of the best
management practices in development of the site the Police Department will work with the City
Forester on retention of as many specimen trees as possible within the project development area.
Plans for all improvements will be subject to the approval of the PACSD Director.
Operation of the facility will involve a steady rotation of approximately 15 police officers. Daily
activities would involve routine horse maintenance, including feeding, treatment, grooming, outdoor
exercise and restricted grazing. Other activities will include importing and exporting of supplies and
waste community meetings and public demonstrations. It is anticipated that the site will provide work
opportunities for approved community service restitution workers. In addition the Mounted Patrol Unit
is planning to coordinate with FWISD to incorporate educational opportunities to students
participating in FFA programming at the adjacent site. It is anticipated that the Mounted Patrol Unit
facility will offer students additional learning opportunities as part of their Equine Science, Anatomy of
Animals, Livestock Production and Veterinary Medicine classes.
The Fort Worth Police Department and the PACSD will administratively execute an interdepartmental
Agreement that will specify the roles and responsibilities of each department.
In accordance with Chapter 26 of the Texas Parks and Wildlife Code, the City of Fort Worth seeks to
use approximately 10 acres of parkland for the purpose of constructing the proposed equestrian
facility.
On September 26, 2012, the Parks and Community Services Advisory Board endorsed Staffs
recommendation to the City Council to authorize the use of a portion of West Park for construction of
an equestrian facility for the Fort Worth Police Department Mounted Patrol Unit.
In accordance with state law, public notice was advertised in the Fort Worth Star-Telearam on
S eptember 25, 2012 October 2, 2012 and October 9, 2012. In addition, an Exhibit map was available
for public review for 30 days at the PACSD administrative offices located at 4200 South Freeway
S uite 2200.
S ignage was posted at the site on October 1, 2012, announcing the proposed use and providing
instructions for directing comments to the PACSD. A letter announcing the proposed use was sent to
the president of the Neighborhood Association on South Lake Worth on October 2, 2012. During the
Report of City Staff, Staff will note any public comment that has been received.
West Park is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on
City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office bv: Susan Alanis (8180)
http://apps.efwnet.org/couneil_packet/mo _review. asp?ID=17498&councildate=12/11 /2012 11/26/2013
M&C Review Page 3 of 3
Oriainatina Department Head: Richard Zavala (5704)
Additional Information Contact: David Creek (5744)
ATTACHMENTS
1 West Park mounted Police location MC.doc
2 West Park mounted Police Master Concept Plan.doc
3West Park mounted Police Desogm scope.doc
4West Park Master Plan Rev.pdf
http://apps.cfwnet org/councilpacket/mc_review.asp?ID=17498&councildate=12/11/2012 11/26/2013