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Item 5DCity of Southlake, Texas ►I ►I • : E \ It ►11 April 25, 2005 TO: Shana Yelverton, City Manager FROM: Malcolm Jackson, Director of Community Services SUBJECT: Authorization to allow City Manager to enter into agreement with U.S. Army Corps of Engineers for placement of historical marker Action Requested: City Council authorization to allow the City Manger to enter into an agreement with the U.S. Army Corps of Engineers (COE) for the placement of a historical marker on government property located at the north east corner of Dove and Lonesome Dove Road. Background Information: The Southlake Historical Society has been working with the City and the State Historical Commission to recognize the Dove Community which existed in Southlake in the late 1800's. Dove Community consisted of farms, a school, general store with post office, cotton gin, blacksmith shop, and the Lonesome Dove Baptist Church. The Dove Community was instrumental in the early development of the area and eventually became part of Southlake. In order to formally recognize the Dove Community the State Historical Commission requires approval from the property owner for the placement of the marker. Staff and the Southlake Historical Society have been communicating with the COE regarding placement of the historical marker and recently received a standard agreement for review and approval. The agreement provides for placement of the marker for an initial period of five years with a $235.00 licensing fee to be paid by the Historical Society. The City Attorney has reviewed the document and recommended no changes. Financial Considerations: A licensing fee of $235.00 is required by the COE and will be paid by the Southlake Historical Society. Financial Impact: The City will be responsible for maintaining the area and restoring the site to its original condition should the City vacate the location. The financial impact for maintenance and restoration is anticipated to be negligible. The City, in conjunction with the Southlake Historical Society, may desire to provide future improvements to include turf, landscaping, on -site parking and minimal hardscape. Shana Yelverton, City Manager April 25, 2005 Page 2 Citizen Input/ Board Review: The Southlake Historical Society has been working with the City during the last several months to obtain COE approval for the location of the historical marker at the north east corner of Dove and Lonesome Dove. Legal Review: The proposed agreement was provided by the COE and has been reviewed by the City Attorney. There were no changes recommended by the City Attorney. Alternatives: Alternatives may include the following: • City Council authorization to approve the proposed Agreement as presented • City Council decision not to authorize the proposed Agreement as presented • City Council input as desired Supporting Documents: Supporting documents include the following items: • Historical Marker information • Proposed Agreement with COE Staff Recommendation: City Council authorization to allow the City Manger to enter into an agreement with the U.S. Army Corps of Engineers (COE) for the placement of a historical marker on government property located at the north east corner of Dove and Lonesome Dove Road. Shana Yelverton, City Manager April 25, 2005 Page 3 DOVE, TEXAS Established in the 1870s primarily by pioneers of the Missouri Colony, who arrived in the 1840s. The community of Dove was located in the northeast part of Tarrant County along Dove Road, a cardinal road between Grapevine and Roanoke. In 1903, the Texas Good Roads Association was founded, and Dove Road was improved. Dove was a loosely organized agricultural community with cotton, dairy, vegetable, melon and poultry farms. The Lonesome Dove Baptist Church, established February 1845, is located approximately Y mile north of Dove. A Post Office was established in the General Store on July 13, 1894 and was discontinued on May 31, 1904. The mail was then sent to Grapevine. The 1896 -97 school term registered ninety -seven students and one teacher. Businesses and structures included a general store, post- office, school, cotton gin, blacksmith shop and Woodmen of the World hall. After State Highway 114 was completed in 1932, traffic bypassed Dove, and the community began to wane. Eventually Dove became part of the City of Southlake, Texas. Wiesman Shana Yelverton, City Manager April 25, 2005 Page 4 Cemetary Lonesome Doge Church �aae y 4' *C v O r� General Store & Post Office Well Dove Road School wi Woodsmen of the World Rlnckcmiih O �P Baptizing ] .in Jack Torian Log Cabin Torian Store & Gas Station 4 Dr.Stuits (! jA k I 0& 7N94 - 1967-�a E.1 Wiesman - 1984 '�L- Shana Yelverton, City Manager April 25, 2005 Page 5 DEPARTMENT OF THE ARMY FORT WORTH DISTRICT, CORPS OF ENGINEERS P. 0. BOX 17300 FORT WORTH, TEXAS 76102 -0300 REPLY TO _- ATTENTION March 7, 2005 Real Estate Division SUBJECT: Proposed License No. DACW63 -3 -05 -0561, Grapevine Lake, Texas Mr. Malcolm Jackson. Director of Community Services 400 North White Chapel Southlake, Texas 76092 Dear Mr. Jackson: I am enclosing two copies of proposed License No. DACW63 -3 -05 -0561. Please sign, date and return both originals. Please ensure that an authorized individual, other than the person signing the agreements, signs the certificate located behind each signature page. One original will be returned for your records. The cost of the license is $235.00 payable in advance to the F & A OFFICER, USAED, FORT WORTH. If you have any questions, please call Mr. Mike McInnis at (817) 886 -1107. Sincerely, 'Ike 'GPI. Wyatt , Chief, Management an Di al Branch Real Estate Division Shana Yelverton, City Manager April 25, 2005 Page 6 NO. DACW63 -3 -05 --0561 DEPARTMENT OF THE ARMY LICENSE GRAPEVINE LAKE TARRANT COUNTY, TEXAS THE SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, under authority of Title 10, USC Sections 2602 and 26£7, hereby grants to the City of Southlake, 400 North White Chapel, Southlake, Texas 76092, hereinafter referred to as the grantee, a license for a historical monument on Tract C -205, Grapevine Lake, Texas, over, across, in and upon lands of the United States, as identified in Exhibit A and A -1, attached hereto and made a part hereof, hereinafter referred to as the premises_ THIS LICENSE is granted subject to the following conditions. 1. TERM This license is granted for a term of five (5) years beginning 17 March 2005 and ending 16 March 2010, but revocable at will by the Secretary. 2. CONSIDERATION The grantee shall pay in advance to the United States the amount of Two Hundred Thirty -five and No /100 Dollars ($235.00), in full for the term hereof payable in advance to the order of the Finance and Accounting Officer, Fort Worth District, and delivered to Corps of Engineers, ATTN: CESWF -RE -M, Post Office Box 17300, Fort Worth, Texas 76102 -0300. 3. NOTICES All notices and correspondence to be given pursuant to this license shall be addressed, if to the grantee, to City of Southlake, 400 North White Chapel, Southlake, Texas 76092; and if to the United States, to the District Engineer, Attention: Chief, Real Estate Division, CESWF -RE -M, Post Office Box 17300, Fort Worth, Texas 76102 -0300; or as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope addressed as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service. Shana Yelverton, City Manager April 25, 2005 Page 7 4. AUTHORIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein to "Secretary ", "District Engineer ", or "said officer" shall include their duly authorized representatives. Any reference to "grantee" shall include any duly authorized representatives. 5. SUPERVISION BY THE DISTRICT ENGIN=R The use and occupation of the premises shall be subject to the general supervision and approval of the District Engineer, Fort Worth District hereinafter referred to as said officer, and to such rules and regulations as may be prescribed from time to time by said officer. 6. APPLICABLE LAWS AND REGULATIONS The grantee shall comply with all applicable Federal, state, county and municipal laws, ordinances and regulations wherein the premises are located. CONDITIONAL USE BY GRANTEE The exercise of the privileges herein granted shall be: a. without cost or expense to the United States; b. subject to the right of the United States to improve, use maintain the premises. subject to other outgrants of the United States on the premises. d. personal to the grantee, and this license, or any interest therein, may not be transferred or assigned. 8. CONDITION OF PREMISES The grantee acknowledges that it has inspected the premises, knows its condition, and understands that the same is granted without any representations or warranties whatsoever and without any obligation on the part of the United States. 9_ COST OF UTILITIES The grantee shall pay the cost, as determined by the officer having immediate supervision over the premises, of producing and,/or supplying any utilities and other services furnished by the Government or through Government -awned facilities for the use of the grantee, including the grantee's Shana Yelverton, City Manager April 25, 2005 Page 8 proportionate share of the cost of the Government -owned facilities by services are produced or supplied. no obligation to furnish utilities be made in the manner prescribed b jurisdiction. operation and maintenance of which such utilities or The Government shall be under or services. Payment shall V the officer having such 10. PROTECTION OF PROPERTY The grantee shall keep the premises in good order and in a clean, safe condition by and at the expense of the grantee. The grantee shall be responsible for any damage that may be caused to property of the United States by the activities of the grantee under this license, and shall exercise due diligence in the protection of all property located on the premises against fire or damage from any and all other causes. Any property of the United States damaged or destroyed by the grantee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the grantee to a condition satisfactory to said officer, or at the election of said officer, reimbursement made therefor by the grantee in an amount necessary to restore or replace the property to a condition satisfactory to said officer. 11. INDEMNITY The United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the privileges herein granted, or for damages to the property of the grantee, or for damages to the property or injuries to the person of the grantee's officers, agents, or employees or others who may be on the premises at their invitation or the invitation of any one of them, and the grantee shall hold the United States harmless from any and all such claims not including damages due to the fault or negligence of the United States or its contractors. 12. RESTORATION On or before the expiration of this license or its termination by the grantee, the grantee shall vacate the premises, remove the property of the grantee, and restore the premises to a condition satisfactory to said officer. If, however, this license is revoked, the grantee shall vacate the premises, remove said property and restore the premises to the aforesaid condition within such time as the District Engineer may designate. In either event, if the grantee shall fail or neglect to remove said property and restore the premises, then, at the option of said officer, the property shall either become the property of the United States without compensation therefor, or said officer may cause the property to be removed and no Shana Yelverton, City Manager April 25, 2005 Page 9 claim for damages against the United States or its officers or agents shall be created by or made on account of such removal and restoration work. The grantee shall also pay the United States on demand any sum which may be expended by the United States after the expiration, revocation, or termination of this license in restoring the premises. 13. NON- DISCRIMINATION The grantee shall not discriminate against any person or persons or exclude them from participation in the grantee's operations, programs or activities because of race, color, religion, sex, age, handicap or national origin in the conduct of operations on the premises. The grantee will comply with the Americans with Disabilities Act and attendant Americans with Disabilities Act Accessibility Guidelines (ADAAG) published by the Architectural and Transportation Barriers Compliance Board. 14. TERMINATION This license may be terminated by the grantee at any time by giving the District Engineer at least ten (10) days notice in writing provided that no refund by the United States of any consideration previously paid shall be made and provided further, that in the event that said notice is not given at least ten (10) days prior to the rental due date, the grantee shall be required to pay the consideration for the period shown in the Condition on CONSIDERATION. 15. ENVIRONMENTAL PROTECTION a. Within the limits of their respective legal powers, the parties to this license shall protect the premises against pollution of its air, ground and water. The grantee shall comply with any laws, regulations, conditions, or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials within the premises is specifically prohibited. Such regulations, conditions, or instructions in effect or prescribed by said Environmental Protection Agency, or any Federal, state, interstate or local governmental agency are hereby made a condition of this license. The grantee shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. b. The grantee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs frou. the grantee's activities, the grantee Shana Yelverton, City Manager April 25, 2005 Page 10 shall be liable to restore the damaged resources. c. The grantee must obtain approval in writing from said officer before any pesticides or herbicides are applied to the premises. 16. HISTORIC PRESERVATION The grantee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural or other cultural artifacts, relics, remains or objects of antiquity. In the event such items are discovered on the premises, the grantee shall immediately notify said officer and protect the site and the material from further disturbance until said officer gives clearance to proceed. 17. DISCLAIMER This license is effective only insofar as the rights of the United States in the premises are concerned; and the grantee shall obtain any permit or license which may be required by Federal, state, or local statute in connection with the use of the premises. It is understood that the granting of this license does not preclude the necessity of obtaining a Department of the Army permit for activities which involve the discharge of dredge or fill material or the placement of fixed structures in the waters of the United States, pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (33 U.S.C. 403), and Section 404 of the Clean Waters Act (33 U.S.C. 1344) . This license is not subject to Title 10, United States Code, Section 2662, as amended. IN WITNESS WHEREOF I have hereunto set my hand by authority of the Secretary of the Army, this day of 2005. Bobby J. Camp Acting Chief, Real Estate Division THIS License is executed by the grantee this day of 1 2005. City of Southlake Shana Yelverton, City Manager April 25, 2005 Page 11 I, CERTIFICATE certify that I am the of City of Southlake, named as a grantee herein; that , who signed this agreement, on behalf of the City of Southlake, was then of City of Southlake, and that said agreement was duty signed for and on behalf of City of Southlake, by authority of its governing body and is within the scope of its legal powers, Date (Title) NOTE: Please have someone other than the person who signs the agreement, complete and sign this form. CERTIFICATE Shana Yelverton, City Manager April 25, 2005 Page 12 City of Southlake Historical Marker Request Elm Fork Project - Grap Lake s , m N � '° t 3��� 1. - 'r► -/ r Location of Southlake ti + Parks department's �A Historical Marker, at corner of Dave Road r y andLonesome Clove Road r 'V � r r. •,. i } yy N r* .. c 0 125 250 500 Feet I 1 I ! I I I The U.S. Army Corps of Engineers has provided these spatial data as a representation of the various geographic information gathered from multiple sources_ These data should he viewed only as a representation of the provided information and should not be used for any other purpose- No guarantee is made by the U.S. Army Corps of Engineers regarding the accuracy or completeness of the data or their suitability for a particular use. Legend Flowage Easement 572 US Army Corps of Pnninnn Vc Shana Yelverton, City Manager April 25, 2005 Page 13