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
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4'
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v
O
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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