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01/11/2000 - Regular Agenda Packet - Parks Board
CITY OF COLLEGE STATION PA S &RECREATION BOA Regular Meeting Tuesday,January 11,2000 Parks&Recreation Department Conference Room 1000 Krenek Tap Road 700 PM 1. Call to order. 2. Hear visitors. 3. Pardon—Consider requests for absences of members from meeting. 4. Approval of minutes from Regular Meeting of December 14, 1999. 5. Discussion and possible consideration of Parks and Recreation Board goals and priorities. 6. Discussion and possible consideration of Veterans Park and Athletic Complex Master Plan and the approval process. 7. Discussion and possible consideration on potential agreement with CSISD for joint tennis court projects. 8. Report, discussion, and possible consideration on Madeley Park development. 9. Update, discussion, and possible action concerning the special venue tax for sports facilities. 10. Discussion and possible action on the surfacing of the jogging track at Rock Prairie Elementary School. 11. Report, discussion, and possible action concerning future park site. 12. Consent Items: Capital Improvement Program Projects Report. Discussion of next meeting date and agenda. 13. Adjourn. The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made 48 hours before the meeting. To make arrangements call (409) 764-3517 or(TDD) 1-800-735-2989. Agendas posted on Internet Website http://www.ci.college-station.tx.us and Cable Access Channel 19. CITY OF COLLEGE STATION PA' S AND RECREATION Absence Request Form For Elected and Appointed Officers Name Sarah G. Birkhold Request Submitted on 7J A 00 I will not be in attendance at the meeting of 11.1- 00 for the reason(s) specified: I will be out of to for business. Signature This request shall be submitted to the office of the committee/board secretary prior to the meeting date. o:boardiabsenteeform.doe CITY OF COLLEGE STATION PA' S AND RECREATION Absence Request Form For Elected and Appointed Officers Name Request Submitted on (date) 12150/ Vi I will not be in attendance at the meeting of 0, 1 / for the reason(s) specified: E I I I , ui2 (4,0 Signature This request shall be submitted to the office of the committee/board secretary prior to the meeting date. o:board/absenteeform.doc Absence , ' ,::::,-.-„, ' , ,_,,:l CITY OF COLLEGE STATION Request Form For. lect� ®r to kers ie ee.-- Name Request mated on(date) "*.r/ /917 I will not be 11 11'1 of ) attendance . the et oof v'''' fri I "/:ng for t ere so s) specified: /I k g il.11' ,At P-I 1'V 10v 4'5' a e- 71'I"I 1 x , , , -7-i.,, PI i 4,i €4 4 I ,/,-/Le 4 A 11'6 a,0 ),," j 4,,,,,bi et, i ,,,. 1 c i 11 v I ./...i d 41 vi,1 a, ,, 1'1" c -r 4 41 r eg' '74' /3 ' fr's 7-e eg 4."'"' 'f0'fr I'L e^ 4'.----) ---''''---T-4' '*--- -1 ---''''---.; ''''' Signature the office9 d to the* request shall ' '''''' C if, 4.' -,',„ a a eetie. be submitte o:b©ard/absenteeform.doc Parks & Recreation Boards Goals 19992000 In Progress 1 Implementation of the approved Capital Improvement Program Implementation of the Wolf Pen Creek Master Plan 23: Investigate the feasibility of cooperative ventures with CSISD 4. Incorporate public art into the park system High Priority 5Enhance the public perception of the Wolf Pen Creek Corridor 6" Encourage the early development of the former landfill site on State Highway 6 7. , Emphasize Lincoln Center leadership development and program enhancement 8. Support the implementation of the Greenways Master Plan Medium Priority 9. Establish an on-going re-apprais.i of existing parks, facilities, and se, eces offered by the department 10. Encourage arboretum/garden parks and color emphasis in existing parks Low Priority 11. Develop Urban Forestry Plan for College Station 12. Investigate the feasibility of cooperative venture .s thTAMU on facilities and programs 13. Explore the feasibility of a commercial ice skating facility * complete Recreation, Park, and Open Space Master Plan 41-1-wfillostritiftriettr--V7-#44. ftWiiimilft414,41rAtzottvw4-4 -91`T Stifot - vo& orA creation tion elv of e°1 ege Revised January 6,2000 CITY OF COLLEGE STATION PARKS & RECREATION DEPARTMENT FY00 GOALS o Implementation of the cip program o Continue to Improve staff Development o Implementation of City Council Strategic Issues 0 Implementation of Special Projects o Explore of Alternative Revenue Sources o Improve Emergency Planning and preparedness Implementation of the CIF Program, ks O Wolf Pen Creek Improvements (Tributary B) O Adamson Pool Renovation&Improvements DAR RECREATION EZ Edelweiss Park Construction O \West District Maintenance Shop Design Construction —O . EgE __TATO N'74.. E S EastgateiLio s Park Improve ants o Willow Branch Tennis C°urts.installati?n' • f projects Community Park/Cemetery Site Acquisition 0 Brazos Beautiful Crape Myrtle Project implementation oSpecial O Veterans Park&Athletic Complexdesign and 0 Conduct 2000 Games of Texas begin construction 0 Submit Departmental Accreditation Application Et Central Park Irrigation Improvements 0 Imple ent Street Tree Clearance Program O Hallaran Pool Improvements0 Develop plan for the second Teen 1/4-c'enter 0 Neighborhood Park Improvement Project (Yahooz) El Wolf Pen Creek Riparian Restoration Project I 0 Review and update PARD Strategic Plan O Construction of a Roller Hockey Rink O Woodway Park Land Aquisition Explore Alternative Revenue Sources O Venue Project Tax O United States Soccer Federation Grant Continue to improve staff Development • Texas Parks &Wildlife Trails Grant O Review staff levels and revise projectionsU Texas Parks&Wildlife'Urban Fishing Grant o Reviewtraining resource requirements Texas Parks&Wildlife Community Outdoor o Implement departmental training policy Outreach Grant EZ Participate in TRAPS Regional 5 Workshop 0 Texas Parks&Wildlife Local Park Fund Grant O Participate M TRAPS Annual Conference 0 CSISD — Criminal justice Grant El Support individual training through Dept. Implementation of the user fee surcharge of Emergency Management EZ FEMA SLA-50 Implementation of City Council Strategic Issues improve Emergenoyne Planning and o #2 Continue implementation of the WP Master Plan C Preparedness City of CS Emergency Standard O #13 Continue to improve tourism development Operating Procedures El #21 Continue implementation of Senior Establish office at EOC and Fire Programs Administration Building El Conduct Annual Emergency Management Academy 00-04 7-Jan-00 o:goals/00goal Additional Mandated Departmental Projects Departmental strategic plan review (0- Crepe myrtle design and installation on fm 2818 co- South side antique lighting project (0- Northgate pedestrian mall design project co- City gateways design Emergency management standard operating procedures update (0- City pay plan review and revision 66 6 t61,A r r STAI Pr- I 41111 L Lit _ 0i . ..... , ilik 000, P. O. Box 9960 . 1101 Texas Avenue . College Station, TX 77842 Tel: 409 764 3500 MEMORANDUM TO: Veteran's Park and Athletic Complex (VPAC) Subcommittee FRO : Eric Piloeger, Assistant Director ,,----:- -- - Parks & Recreation DATE: January 6, 2000 SUBJECT: Proposed VPAC Preliminary Master Plan Schedule December, 1999 Develop internal review needs with Development Services Depa iment. December 14, 1999 Review Preliminary Master Plan with Parks and Recreation Board, 7:00 p.m. January 10, 2000 Review Preliminary ' -aster Plan with College Station Recreation= Sports Committee, 7:00 p.m. at the City Hall Council Chambers. January, 2000 Review with veterans group. February 1, 2000 Parks and Recreation :oard Public Hearing (special meeting), 7:00 p.m. at the City Hall Council Chambers. February 8, 2000 Park and Recreation Board discussion, 7:00 p.m. at the Parks & Recreation Dept. Conference Room. March 9, 2000 City Council Workshop Presentation of proposed Master Plan, 4:00 p.m. March 23, 2000 City Council Public Hearing — Consideration and possible a•provai of proposed Master Plan, 7:00 p.m. aProjectsAfeterans Park/MasterPlan Timeline doc Updated January 6,2000 Home of Texas Az-' University rqi *A a t:ri 4116,70rz-z 4 .4, • m p v- P 1411.1440: Akt. 811401Hiii01,, P. O. Box 9960 - 1101 Texas Avenue - College Station, TX 77842 Tel: 409 764 3500 MEMORANDUM TO: Steve Beachy FROM: Eric Ploeger DATE: January 4, 2000 SUBJECT: Jack and Dorothy Miller Park In the summer of 1999, 2,000 square feet of the jogging track at Jack and Dorothy Miller Park was replaced with concrete. This was done to reduce the hazard of the uneven surfaces in areas where erosion frequently occurred. The frequent maintenance in those areas was also a concern. The cost of placing rubber cushioning on this 2,000 square foot portion of the track would cost approximately $12,000.00. Currently, there are no funds available for this, so I assume that if this additional feature is needed, additional funding could be requested during the next budget cycle. Home of Texas A&M University 1,1f B 0;Cl ppl _Le$ Committed to Your Success. January 7, 2000 Mr. Stephen Beach)/ City Of College Station, Parks & Recreation 1000 Krenek Tap Road College Station, Texas 77840 Dear Steve: As follow-up to our telephone conversation, I have a bank customer who desires to open discussion with the City for the possible purchase of a 5 acre tract of land, which to the best of my knowledge is described as: Part of Lot 3, Randall's University Park, Richard Carter Survey, Abstract No. 8, College Station, Brazos County, Texas. My customer has recently purchased a 3.370 acre tract that fronts the above described property and it is his intent to develop this land as a small residential subdivision. At your earliest opportunity, please advise me if the City would consider a sale of this property and if so, how we should proceed with opening negotiations. Your assistance in this matter is most appreciated. Sincerely, Thomas H. Aughinbaugh, III Senior Vice President 424 Tarrow,Suite 104 College Station,TX 77840 (409) 260-5982 Fax(409)260-7034 4 8 49 i 7 50 a's 1 7 42 1"Itilla . o • 39 04,e, 5 Wei 30 ..38Apr,, IMP 29 411V3 6 ail allift 20 2 8 ‘,P/0,,, 1111101. 3 4 Aft 1 9 C) .. Neinieg5 27 l'q,, ••35 • 0 . . --__ / 18 26 h„ 7 co /1\ ,-. 2 2 '-'4- / 5 # li 1111111‘1111111''* e/ 111111k • , . • AZI11141116 c -c•o c)(''''' 1 6 7 / L.A.FORD :/ ,. K1 8 •\ 1 6 2.7053 Acres / 5 4 4\' 1; \/ \ \ \2 \\\// / 1 \ / /\\/\ 9 10 '10 0 \ \ I I / 6 7 / \ \ 04' , \ \5.1 6 ocre s/ / IIP / Italie" , 3 / ARCUEL I Shabeer Jarfor 0 oRivc 3 306 Acres \ -.---, \ 41Ni \ 1111 / , \ ues <\\' RANDALLS /Appraisal District. 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WITNESSETH e WHEREAS, the City, the School District, and Peoples Mortgage Company have previously entered into a "Development Agreement" (a true and correct copy of such Development Agreement being at® cached hereto as Exhibit "A") providin7 for the cooperative development of that certain property in College Station, Brazos. County, Texas , consisting of 164.85 acres and corseonly kno- as the Wescchesc-r Park Subdivision, (hereinafter referred to as the "Subdivision") ; WHEREAS, pursuant to the terms of the Development Agreem nt the School District has agreed to purchase from Peoples Mortgage Company ten (10) acres of land within the Subdivision for the purpose of constructing an elementary school on such site; WHEREAS, pursuant to the to s of the Development Agreement Peoples Mortgage Company has agreed to dedicate to the City a five (5) acre parcel of prop rty ad j a.cent to that property purchased by the School District; WHE- S, pursuant to tho to v-} s of the Development Agre .. nt the City h.:A s agreed to purchase an additional five (5) acre tract immediately adjacent to the property dedicated by Peoples Mort- gage Company and the property purchased by the School District; WHEREAS, The City and the School District now desire to enter into an agree nt providing for the development of a ten (10) acre city park isieediately adjacent to the school site referenced above and being that same property dedicated pursuant to the terms of the Development Agreement by Peoples Mortgage Map of Welsh Street Extension EXHIBIT "C" • Company as well as that property purchased by the City pursuant co the terms of the Development Agreement: NOW, THEREFORE, for and in consideration of the premises, and other good and valuable consideration described herein, the sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows: L . Ownership of Property: It is understood by the parties hereto that both the five (5) acre tract dedicated by Peoples Mortgage Company pursuant to the term, of the Development Agreement as well as the five (5) acre tract purchased by the City pursuant to the te s of the Development Agreef-ent (both five (5) acre parcels hereinafter referred to collectively as the "Property") shall be owned in fee simple .bsolute by the City. It is further understood by the parties hereto that all costs associated with acquiring the Property shall be borne by the City. 2 Development of City Park: The City shall act as developer in establishing and equipping a city park (hereinafter referred to as the "Park") on the Proper- ty. The Park shall b- equipped with Playground equip ment suitable for elementary school type recreation. All costs associated with establishing and equipping the Park shall be th. sole responsibility of the City provided, however° the School District shall contribute monetarily to the development of the Park as hereinaf ter specified. 3. Contribution by School District: The School District shall pay to the City the s of SEVE -FIVE THOUS- AND NO/l00 DOL 'S ($750000.00) toward development of the Park and as compensation for its use of the Park as more specifically described in Section 8 herein. Such RE33(r) / i 2 sum shall be payable to the City as hereinafter set forth in Section 8 of this Agreement. 14 . Design and Development The City of College Station Parks Board in conjunction with the College Station Indep,:ndenc School District Board will review initial design and construction proposals for the Park. The two Boards will meet in at least two joint meetings, the first to initiate design and begin directing the City staff toward a development proposal, and the final, to review the final development propos,1 and authorize the City staff to place the contract out to bid. 5. Construction of Park: After completion of design and construction proposals, the City will place the Park improvements out to bid in accordance with the City's Charter and state bidding law. Upon acceptance of the lowest responsible bid, the City shall begin con struction of the Park. The City shall provide a construction supervisor on the project. 6. Completion of Park: The Park shall be completed and ready for use on or before the beginning of th.., first school year during which the School District operates an elementary school site upon the ten (10) acre tract adjacent to the Perk and purchased by the Sch. 1 District pursuant to th. te . 8 of the Development Agreemen . 7. Maintenance of Park: The City shall be responsible for maintaining the Park grounds and for maintaining and refurbishing Park equipment so as to insure that the Park and the equipment located thereon are at all tires in a clean, sightly, and healthy condition, and in good repair according to the established maintenance stan- dards and procedures of the City of College Station. In so maintaining and/or refurbishing the Park and its equipment, the City shall procure written approval from the School District prior to placing any new equip- ent on the Park property. All costs associated with so maintaining and refurbishing the Park shall be borne by the City. 8. Lease The City and the School District shall enter into a lease providing for full use of the Park by the School District during no ial school hours as set out by the School Board. The lee shall also empowr the School District to r-quire any person to leave the Park pursuant to Texas Education Code Section 4.23. Such lease shall be -xecuted ioediately prior to the beginning of the first school year during which the School District operates an elementary school on the • property immediately adj.cent to the Park. The lease is attached hereto as Exhibit "B". At the time of exe cution of the lease, the School District shall pay to the City the s . of SEVENTY-FIVE THOUSAND AND NO/100 • DOLLARS ($75,000.00) as its contribution toward d-vel- opment of the Park and in consideration for its use of the Park. The lease shall provide for a term of no less than seventy-fiv- (75) years. 9 Indemnification by . the City: The City agre—, to indemnify the School District against any and all claims, (1.- nds dmi.5,-ges, costs, expenses, and losses, including reasonable attorney's fees for the defens,:. of any such cla , and de 'ands, arising from :nd as a result of the condition of the Park grounds and any of the equipment located thereon. In cas of any action or proceeding brought against the School District by reason of any such claim, the City, upon notice from the School District, agrees to defend that action or RE33(r) /l 4 rr proceeding by counsel acceptable to the School Dis- trict. 10. Indemnification by the School District: The School • District agrees to indemnify the City against any and all claims, demands, damages, costs, expenses, and losses, including reasonable attorney's fes for the defense of any such claims and de. nds, arising from or as a result of the negligence of the School District or any of its employees in their use of the Park® In case `~ of any action or proceeding brought against the City by reason of any such claim, the School District, upon notice from the City, agrees to defend the action or proceeding by counsel acceptable to the City. 11 . Approvals: The City represents and warrants to the School District that it has obtained those approvals from its governing body necessary to allow it to enter �F into this Agreement. Likewise, the School District represents and warrants to the City that it has ob- tained those approvals from its governing body neces- sary to allow it to enter into this Agreement. 12. The Entire Agreement: This Agreement contains the entire agreement between the parties hereto with respect to the transactions contemplated herein and ex- pressly supersedes wall previous itten or oral rep- resentations, understandings, agreements, negotiations, con:.itments, and itings. 13. Notices: Any and all notices or other co.=. nications required or pe itted by this Agreement or by law to be served on or given to any of the parties hereto by the other party to this Agreement, shall be in writing and shall be deemed duly served on the day actually re- ceived by the applicable party as follows: (a) On the School District: College Station Independent School District 100 Anderson College Station, Texas 77840 Attention: David R. Brewer (b) On the City Any party hereto may change its address for the purpose of this Section by giving the other party hereto written notice of the nw address in the manner set forth hereinabove. 14 . Attorney's Fees: Should any litigation be co .,enced between the parties to this Agreement concerning th. transactions described in this Agreement, or the right, and duties of any party in relation thereto, the party or parties so prevailing in such litigation shall be entitled, in addition to other relief as . -y granted, to a reason.ble sum .s and for attorn-y's fees in such litigation which shall be dete , ined by the court in such litigation or in a separate action brought for that purpose. 15. No Assignment: Neither this Agreement nor any int-rest therein shall be assigned by any p:rty hereto without the written consent pf the other party. 16. Binding on Heiri& and Assigns: This Agreement shall be binding on and (hall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto, but nothing contained in this Section shall be con-trued as a consent to any assign- ment of this contract by any party hereto. PV11tr1 /1 A 17. ,,,ndment: This Agreement may only be amended by a written instrument executed by each of the parties hereto. 18 Applicable Law: This Agreement shall be construed and interpreted in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, the parties hereto have executed this Agreement all as of the day and year first above written. CITY OF COLLEGE STATION, TEXAS By: Title: COLLEGE STATION INDEPENDENT SCHOOL DISTRICT By Title: • Copy of Development Agreement EXHIBIT "A" COPY of vraposed lease EI:ittBrt F-73 STATE OP TEXAS COUNTY of BRAZOS ) LEASE OF REAL PROPERTY This lease agreement is made on this the day of 1988, by and between the CITY OF COLLEGE STATION, a Texas Municipal Corporation (hereinafter referred to as LESSOR) , and COLLEGE STATION INDEPENDENT SCHOOL DISTRICT (hereinafter referred to as LESSEE) . . The parties for and in consideration of the agreements here- e in set forth to be kept and performed by them respectively, have agreed and do hereby agree together as follows: TERM LESSOR has leased, and by these presents does lease, unto LESSEE, a ten acre tract out of the property known as the Peoples Mortgage Compzny tract, which property is more fully described Ln the metes and bounds description attached hereto as Exhibit '°A" which lease shall run for a period of seventy-five (75 ) years from the date herein II USE OF PREMISES LESSEE shall have full leasehold use of the premises as school grounds during normal school hours as set out by the Sch.l Board. Normal school hours shall be determined as that periodof time during which the School Board requires students to be in sch441. The lease premises shall be used by LESSEE as a playground uing normal school hours and shall be considered to b . part of the school grounds. It is further understood that the School District shall have the authority torequire any person to leave the premises pursuant to Texas Education Code, Section 4.23. In the event that LESSEE desires to use the premises as school grounds outside of normal school hours, LESSEE shall seek the prior written approval of LESSOR, CONS/DE'-'TION LESSEE shall pay the total sum of Seventy-five Thousand Dol- lars ($75,000.00) for the use of the premises which sum shall be due and payable upon execution of this lease agreement. LESSOR agrees to dedicate the entire sum for the use and construction of the premises as a park and playground site. IV® IMPROVEMENTS No improvements shall he placed upon the property by LESSEE without the written consent of LESSOR. Nor shall LESSOR place any improvements on the property without the express written con- sent of LESSEE. MAINTENANCE LESSOR shall maintain at its expense the lease premises in a clean, sightly, and healthy condition, and in good repair ac- cording to the established maintenance standards and procedures of the City of College Station, VI® RIGHT OF ENTRY LESSOR reserves the right of entry upon the lease premises by its officers, agents, and employees at any time for the pur- pose of inspecting the premises and for the protection and main- tenance of the premises and improvements. LESSOR further re- serves the right of immediate entry onto the lease premises and the right to take possession thereof in the case of emergency. VII. INDEMNIFICATION A. Indemnification by the. City: City agrees to indemnify the Sch..l District against any and all claims, demands, damages, costs, expenses, and losses, including reasonable attorneys fees for the defense of any such claims and demands arising from and as a result of the condition of the park grounds and any of -.ne equipment located thereon. In case of any action or procr!e,i ::1,2 brought against the School District by reason of any such clalm the City, upon notice from the School District, agrees to defend that action or proceeding by counsel acceptable to the School District. B. Indemnification b the School District: The School Dis- trict agrees to indemnify the City against any and all claims, deands, damages, costs, expenses, ind losses, including reason- able attorneys fees for the defense of any such claims and de- mands arising from or as a result of the negligence of the School District or any of its employees in their use of the park. In case of any action or proceeding brought against the City by rea- son of any such -claim, the School District, upon notice from the City agrees to defend the action or proceeding by counsel cc- ceptable to the City. VIII. TAXES !, 4) ASSESSMENTS LESSOR shall pay and discharge all taxes, general and spe- cial assessments, and other charges of every description which may belevied on or assessed against the premises, all interests in the premises, and all other improvements and other property on the premises during the term of this lease. LESSOR shall pay all such. taxes, charges, and assessments directly to the public offi- cer charged with their collection not less than ten (10) days be- fore the sa - shall become delinquent, and LESSOR agrees to in- demnify LESSEE and save LESSEE 11rmless from all such taxes, charges, and issessments. At any time that the payment of any itea of taxes, special assessments, or any other governmental charges which LESSOR is obligated to pay under the provisions of this section remains unpaid and uncontested later than ten ( 10 ) days before the same shall become delinquent, LESSEE may give written notice to LESSOR of its default under this section soeci . fying the default. If LESSOR continues to fail to pay the special assessments, or governmental charges, or to contese same in good faith within five (5 ) days of such ',./ritten '-u!flta --ay pay the itevs specified in the notice and LESSOR cove- nants to reimburse LESSEE on demand any amount paid or expended .by LESSEE for this purpose with interest at the legal rate from the date of payment by LESSEE until reimbursement by LESSOR. If LESSEE pays any such item which has not been paid by LESSOR with- in the time required in this section, or successfully contested .._ by LESSOR, without giving five (5) days notice, LESSOR shall nevertheless reimburse LESSEE for such item but, without inter- est. IX. UTILITIES LESSOR shall pay or cause to be paid all charges for water, electricity, sewage, and all other utilities used on the premises throughout the terms of this lease, including any connection fees. ASSIGNMENT This agreement shall be binding on and inure to the benefit of the successors and assigns of the parties hereto, but nothing contained in this section shall be construed as a consent to any assignment of this agreement by any party hereto. No assignment shall be made by either party hereto without the written consent of the other party. XI. AMENDMENT Amendment to this agreement may only be made in writing, ex- ecut by each party. Each party shall show proof of authoriza- tion to enter into an amendment to this agreement® XII. THE ENTIRE AGREEMENT This agreement contains the entire agreement between the parties hereto with respect to the transactions contemplated herein and expressly supercedes all previous written or oral rep- resentations, understandings, agreements, negotiations, commIt.- (s ments, and writings, except to the extent that the agreement • tore,' into by and between the City of College Station and the College Station Independent School District, dated 19,11, shall not be merged with this lease agreement. XIII. NOTICES Any and 11 notices to the parties herein may be served by mailing a certified copy, return receipt requested, to the following addresses: College Station Independent School District 100 Anderson College Station, Tex-, 77840 Attention: David Brewer City Manager City of College Station P.O. Box 9960 College Station, Texas 77842 Either party may, from time-to-time, upon written notice to the other party, change the address to which notices by uil shall be sent® XIV. ATTORNEYS FEES Should any litigation be coenced between the parties as to this agreement, or the rights and duties of =,ny party to this agreement in relation thereto, prevailing parties shall be en- titled to reasonable attorneys fees a a result of such litiga- tion. Xv TEXAS LAW This agreement shall be construed in accordance with the laws of the state of Texas. SIGNED this the day of 1988. CITY OF COLLEGE STATION BY: Mayor Larry Ringer ATTEST: City Secretary �+7 1 Acting City Manager Bill Harrison Director of Finance Cathy Locke City Attorney COLLEGE GE STATION INDEPENDENT SCHOOLDISTRICT • CITY OF COLLEGE STATION PARKS AND RECREATION DEPARTMENT CAPITAL IMPROVEMENTS PROGRAM PROJECT STATUS REPORT January 2000 la TRIBUTARY B IMPROVEMENTS Project Number: PK9505 Budget: $80,000 Contract Amount: N/A Project Manager: Peter Vanecek Project Design:In-house(Site); McClure Engineering (Bridge); Swoboda (Electrical) Comments/Status: Construction began in October, 1999. Task-Project Design: July=August 1999 Advertisement&Award: August-September, 1999 Completion: February 2000 2. VETERANS PARK&ATHLETIC COMPLEX MASTER PLAN Project Number: PK9941 Budget: $2,038, 000 Contract Amount: $168,200 (O'Malley Engineers) Project anager: Eric Ploeger Project ,esign: O'Malley Engineers Comments/Status:City Council approved O'Malley Engineers for the design of Phase I. Review by the Sports and Recreation Association occurred January 10, 1999. Task-Project Design: Advertisement&Award: Completion: 3 . ADAMSON POOL RENOVATION Project Number: PK9936 Budget: $751,000 Design Contract Amount: $747,600 Project Manager: Eric Ploeger Project Design: Waterscape Consultants Comments/Status: Progressive Chemical was the low bidder. The renovation began on November 1, 1999. Task- Project Design: January-June 1999 Advertisement&Award: August-October 1999 Construction Completion: May 2000 CIP Report 4® EDELWEISS PARK MASTER PLAN &CONSTRUCTION Project Number: PK9910 Budget: $213,000 Park Land Dedication, and 1998 Bond Funds Contract Amount: $209,140 Project Manager: Peter Vanecek Project Design: In-house Comments/Status:: The project was due for completion on November 6, 1999. The contract is late and will change liquidated damages. Task- Project Design: October-March 1999 Advertisement&Award: April 1999 Completion: November 1999 5. WEST DISTRICT MAINTENANCE SHOP Project Number: PK9927 Budget: $481,000 Design Contract Amount: $30,280 Project Manager: Eric Ploeger Project Design: Holster and Associates Comments/Status: Asbestos abatement will be completed in January 2000. The project will be bid following the abatement® Task- Project Design: March-February 200 Advertisement&Award: March-April 2000 Completion: December 2000 6. EASTGATE IMPROVEMENTS AND LIONS PARK PLAYGROUND REPLACEMENT Project Nu ber: PK9308 Budget: $29,000 1990 Bond; $20,010 FY99 Replacement Fund Contract Amount: $56,085 Project Manager: Pete Vanecek Project Design: In-house Comments/Status: Construction began in the last week of October, 1999. Task- Project Design: May 1999 Advertisement&Award: August 1999 Completion: February 2000 7, COMMUNITY PARK AND CEMETERY SITE ACQUISITION Project Number: N/A Budget: $500,000 - Park $275,000- Cemetery Contract Amount: N/A Project Manager: Eric Ploeger CIP Report 8. B A OS BEAUTIFUL CRAPEMYRTLE PROJECT Project Number: N/A Budget: $282,000 Contract Amount: N/A Project Manager: Eric Ploeger/Pete Vanecek Comments/Status: Bids for this project will go to the City Council for possible approval in January 2000. Task-Project Design: September 1999 Advertisement&Award: October-November 1999 Completion: February 2000 9. CENTRAL PARK SOFTBALL FIELD IRRIGATION REPLACEMENT Project Number: PK9939 Budget: $30,000-'98 Bond Contract Amount: N/A Project Manager: CSPARD Planning Comments/Status: The installation of this new system will be complete in January 2000. Task--Project Design: August-September 1999 Advertisement&Award: October 1999 Completion: January 2000 10. HALLARAN POOL INPROVEMENTS Project Num,er: PK0072 = udget: $27,000 Contract Amount: N/A Project Manager: Pete Vanecek, Senior Parks Planner Comments/Status: Project is to provide a small slide for the shallow area of the pool. Bids were opened on December 28, 2000and City Council approval will be requested on January 27, 2000. Completion: March 2000. 11. SHADE STRUCTURES FOR WAYNE SMITH AND SOUTHWOOD PARKS Project Number: PK0064 Budget: $18,000-$65,000 Southwood Contract Amount: N/A Project Manager: Pete Vanecek, Senior Parks Planner Project Design: October 1999 Ad and award: December 1999-January 2000. Completion: April 2000. Comments/Status: Bids were opened on December 21, 1999.City Council approval will be requested on January 13, 1999. CIP Report , , . At tJJ% 1,\, TEXAS A&M UNIVERS TY ;!:,:j College of Agriculture and Life Sciences 'vk` Department of Recreation, Park and Tourism Sciences 1876 December 1, 1999 MEMO ' NDUM TO: Steve Beachy FROM: John Crompton / SUBJECT: Land and Water Conservation Fund (LWCF) Steve, I thought the Park Board eght find this material on LWCF useful. As you know, this is one of the two sources of funding for the Recreation and Parks Account administered by TP U , from which the City of College Station P A derives matching grants. In addition to the LWCF federal money, the Account is funded by $16 million from state sales taxes on sporting goods. Unfortunately, LWCF has contributed nothing to the Account for the past four years as Congress has failed to appropriate money for the states' parks programs. A major lobbying effort by parks advocates this year resulted in $40 Ilion being included in the federal budget which translates to $2 million for Texas and the Recreation and Parks Account. More importantly, this lobbying effort has focused on making LWCF a dedicated fund from which automatic funding of the $900 million which is the authorized limit(half of which would go to states)would be dispersed without being subjected to the annual appropriations process. This movement has gathered substantial political momentum. The idea has been expanded to include other enviro ental programs and packaged in 701 The Conservation and Reinvestment Act (C ). This is a bipartisan proposal that passed the House Resources Co ttee, which had been a major stumbling block in the past, with a substantial majority. Our Congressman, Kevin Brady, is on that Co ttee. In the past, he has voted against LWCF funding. The lobbying effort of the mayor, city council, parks board and interested citizens in this co unity, persuaded him to change his stance this year and he supported LWCF and C• ' A in Co °ttee. There is a long way to go yet, but passage in the House is a real possibility next year given the strong bipartisan vote out of the Co 'ttee. The Senate leadership is on record as supporting it and it is strongly supported by the Administration. If C ' • passes in its present fo (which is described in the enclosed handout) it will mean $25 million every year into the Recreation and Park Account, raising the state's matching grant money to $41 million from $16 million, with obvious potential benefits for our co unity. The total dollars accruing to Texas for all the programs listed in C would be around $300 million per year. This would transfo the Room 106 Francis Hall College Station, Texas 77843-2261 (409)845-5411; FAX(409)845-0446 http://wwwrpts,tamuedu parks, wildlife and coastal enviro ents in this state. Certainly, it would be the most profound impetus for the enviro ent in Texas that has occurred in the 25 years I have lived in the state. Consistent support expressed by the parks board and council and transmitted to Congressman Brady is important. As is recognizing his key contribution at every opportunity(hence, the letter to the Eagle that I have attached). doc/a:beachylw.cf Attachment --- — jell Itilf. liapil l: ittil trnitnig, Intergovernmental Cooperation -1.9 .E:, Riongtos-,-,.- 1111: thiNPV1 •,,,,,,r,,,,,,,,A, N _„. ,------ ,J,------:, „,----- ti. comprised 1, state-owned islands and 18 islands recreation, which periodically emerge, are de- :2;p4,,,,,,,,, owned by Boon and an assortment of private scribed. -------- --------, tHqr17.4 0 6*- i C-7 :'',I:----74-2,,, _ liat organizations. Ior the first time in its history,the -i. ------- i bp-, 15.10V:i' lit7:1* National Park Service committed tospending fed- ,.._..e Th Land and Water -2------ -------— witcht,,,,m: ist eral funds on land it did not own., The National Park Conservation Fund k111-. Service agreed to eoptribue '-'5% of the park's .„.....,........,— fliAlits operating funds; the remaining 75% came from Spurred by serious recreational resource prob- state sales tax revenues and local donations.The lems and deficiencies identified.in the 1962 Out- functions and finances of i',1park were managed door Recreation Resources Review Commission ,,,,, wilim,%„ Val by an 18-member advisory council and a 13- reports, Congress enacted Public Law 88-578,the member governing board.These groups included Land and Water Conservancy Fund, to become federal appointees, local advocacy groups, and a effective on January 1, 1965.The fund was created talt.:. Nativ,eAmerican heritage organiza,tion.1° for the purpose of assisting all levels of govern- iftilliitiv-- ment in the acquisition and development of out- 1.41•',:::: 'i, door recreational resources.More specifically,the Federal Grant Support fund provided i':01.111: At any point in time, there are a variety of federal 1. a funding source for the National Park programs from which park and recreation depart- Service,U.S.Fish and Wildlife Service,U.S. 1-4,011::•• ments solicit grant aid.Most of them are enacted Forest Service,and(to a lesser extent)the tAlac with the goal of alleviating specific problems,such Bureau of Land Management to acquire juvenile crime, as crimeunemployment, or 011traffic con- lands for their systems and gestion. It was noted in chapter 5 that park and 1119; 2. grants-in-aid to states and, through them recreation agencies may contribute to alleviating to local jurisdictions, for the 41planning these kindsof problems.Hence,agencies develop- , land acquisition,and development of out- ,..,..„,...,.. ,--1---,- ing programs whose objectives are compatible 1.,,. door recreational facilities. with those, of the grant program are eligible to 4,22, acquire these federal funds.These grant programs The Land and Water Conservation Fund was 4.41,11,1: are authorized because there are political pres- meant to provide continuing,aalwof assured source of sures for elected representatives to address a money that wouldallow for expansion of the particular problem.They tend to be authorized for nation's outdoor recreational. estate.PThe intent -,, ,.,,rr,,,,,,,,,,,, limited periods of time and are allowed to lapse was to provide a predictable floor of earmarked ;1;1011.1k: when the polit:',,,,‘ al pressure on that issue has dis- funds that would be insulated from the year-to- sipated or whe'l. there is widespread belief that year competition forCongressional appropriations. L5-41111 they have not b--n effective. Indeed, some members of Congress apparently Allitt' Only one fede,,,,a.1 program that was designed believed that the fund would be a true trust fund 111111111 exclusively to pro, de grant aid for park and recre- with revenues that could not be used for other itligui. ation amenities rec‘ivedilconsistent funding sup- purposes (although Congress would have to ap- Itillitlit;,: port over a prolonged period of time. That pro- propriate money from the fund before it could be itiatil gram is the Land and Water Conservation Fund.Its spent). .x.role is now much more\limited than it was in the In fact, the fund was neither defined nor oper- Pilli, past.However,its coniriltg p pution to stimulating ated as a true trust fund in the same way, for ,t,i.I0-,:nagit, ./ ,,, nli,,,,,,,:',,,,,,,.1:.,,i'l,,,,,,,,,,,,!1,,,.?,,:•;:;,;,',,._,,,',,:,,!.,,,,,,,i' maifon:, and recreational facility\flevelopment for more example,as the Itifederal Highway Trust Fund.Rather, '014ton:osen, than 25 years was so great that it is reviewed in the Land and Water Conservation Fund is what rialligew it9VOsome depth in this section. The program demon- federal budgeteersterm a special fund. In such strates the importance of o IERe ',•oing efforts to se- funds,federal receipts are earmarked for specific 11611111 cure a dedicated fund at the fel.eral level for park purposes. However,the receipts are not required By lietill,,,:. and recreation land acquisitionnd facility devel- to be used for that purpose, and funds must be kve,'4,0,00.0, 11111111 OPMent* appropriated by Congress each year. ..,: . 014moss,k The discussion of the Land aniWater Conser- Initially, three sources of revenue for the fund. ... i liatelli: vation Fundls followed by subsecti ins that define were designated: proceeds from the sales of sur- dedicatedOnds,examine the conte basis for plus federal real property, motor boat fuel taxes, i,,,tax e, 5 a dedicated fund in this field,and sugest alterna- and fees from recreational use of federal lands. ..,.., _... bye way,in which it might be formulatd; .1 ,.Finally, Revenue from these sources between 1966 and 1,11111. some &f the other, more ephemeral typt.„ oi fed- 1968 reached about $100 million per year, which ilikaill eral giant opportunities relevant to pal,,:lcs and w.i.s.).s c-HHT short of Congress' early expectations.To w..0,--,otouga. ogifall \„, itft;:mstosc y ItAtill „., .,%,,,,,,...••-'- aut - •-- -------.:—r'::--'"-,:::,' ,•:'''T'''',',•''•'''' '''',''''::'',"::i ;':T','•''"'';-::,:.'•;:''',:':'::-••',''.. '''---'..r:''','..:::''':.::'•'''-'-'..-,::.::'.'.:':'-.''''.':'':'::.•':'',.'''':''.'''.:'.',-;i':,'.•:.,':'''',-i'-'..T..I'-,'..','''..'.:--.-.'''''''-,,':','''':'-''':-.._.''',' :-'.•.'',-'•-'':_.'''''I'll agNSEMEXP 11-atolliter_ i 3 Financing and Acquiring Park and Recreation Resources £ � C -W P 7-m- .emedy this,Congress authorized adding$200 mil- propose a bond issue of,for example,$500,000 for 1' o ,p D: lion each year to the fund and using outer Conti- a new park and to inform voters that if it is ap- 1111 itylosi., a nental shelf mineral leasing and royalty receipts to proved,they are likely to receive a facility valued IIMaseo, s cover the difference between the authorized level at$1 million. Further, it enables even the poorest 44,4 , ri and receipts from other sources. Subsequently, communities that are unable to raise tax money iz the fund's authorization was raised to$900 million for the match to organize in-kind labor,equipment, in 1976.The use of outer continental shelf receipts and materials in lieu of money and to use them to ll Y'¢ for park land acquisition and development was a acquire the federal funds. , tl rational way of recycling the value of one natural The Land and Water Conservation Fund is ad- ana . resource back to public use in the form of another ministered by the National Park Service, Most 00WIRNEW 71 natural resource. states have vested authority for the distribution of latiolle The legislation required that at least 40%of the funds from the Land and Water ConservationFun 1-1111• t annual Land and Water Conservation Fund appro- in their state park and recreation agency. The 111110•0 C priation be expended on federal projects and that designated state agency is responsible for setting arlinint,:. up to 60% of it be distributed to state govern- priorities for funding projects and for evaluating 110110• rents.The states,in turn,determined how much the relative merit of fund applications received c " r of their share would be available to county,special from local jurisdictions. Projects acquired with district, and municipal park and recreation agen- Land and Water Conservation Fund assistance area 310 T .: cies.During the life of the program,approximately required to remain inp i al public for public recre- ' `$ 4 75%of states'allocations were passed through to ation. On those rare occasions when use of this *� local jurisdictions. In the early years of the pro- land for another essential purpose has been dem- 11010011g gram,the state-side appropriations exceeded those onstrated to be unavoidable,it has to be replaced 11111 itastam ..1 for federal land acquisition, but in recent years, with property of equal market value and equiva- {r the state-side funds have been reduced to nominal lent recreational usefulness. s1 amounts. The stimulus provided by the Land and Water 4 r A state or local agency's access to the funds is Conservation Fund has been central to park and 111111011.11E :11 contingent upon them matching the funds on a outdoor recreation development in this country m s dy a Y 50-50 basis. In effect, the federal government for more than 30 years. Since it was enacted,the pledges to matchthestateorlocalagency's contri- state side of the fund has awarded more than $ bution to produce resources for up to one-half of 37,000 matching grants totaling more than$3.2 bil- 110 the total project's cost. The local matching share lion. States and localities have matched this ��`# i a r of a project's cost can be provided from several amount dollar for dollar to acquire 2.4 million x p sources.Most often,the local contribution comes • acres of park land and open space and to develop f Y e I from a jurisdiction's general or capital develop- more than 25,000 recreational sites.However,there Ing alinEMSI ment fund. However, Land and Water Conserva- has never been one year in which annual ap- tion Fund regulations allow in-kind contributions propriations of Congress reached the authorized illossysemaii of labor,equipment,materials, or land to be used spending level of $900 million. The highest ap- .,:i-44,10141-041000 as the matching share. In these cases, the fair propriations were made in 1978 and 1979 and :,':111•111111-1011 market value of these resources is acceptable as amounted to$805 and $737 million, respectively. Itlaltalfillel the local agency's contribution. For example, if Of these totals, $315 and $370 million were alio- donated land is appraised at $300,000, then the cated asrants to the states and$490 and$367 to �' ga agency could apply for a matching$300,000 grant the federal agencies. ., q from the fund. If approved, the fund money ob- In recent years, the state-side funding of the allittosnana tamed could be applied toward the development Land and Water Conservation Fund has been mini- s, of this land into a park.The net result could be the mal. Its demise has resulted in a search for anr Isa,x�Fr` r'. acquisition and development of a new recreational alternative, more reliable source of federalr, LanOlt resource valued at$600,000 without any expendi- that would be dedicated for the exclusiveur ose l 7 p p Lure of local tax dollars. of acquiring land and recreational facilities and11111101,11811' The acceptance of in-kind resources as the that would make it less vulnerable to the political satxostnsg matchingshare is apowerful incentive in acquir- vagaries of the q g appropriations process. � ,, ������„,,� -,�� ----.0 .'.' Y,,,x'. {F to ing land donations because donors see the value of their gifts doubled by the leveraging otential of The Dedicarfill.of � s grants from the Land and Water Conservation The dedication or ear �. g young, - r� of funds refers to ��� .� s Fund.The matching program is also popular with statutory restrict' on ho �� 1 proceeds from . p s` local elected officials because it enables them to s ecified t 'and revenue sources be spent. A„A a ,~ti res -.0"r c o x c �s�, "' '- sir ae,y / \\ Forwarded by: : "CARSON WATT"<RPTS/CWATT> .Thnvarded to / #g-facult,#g-grads Dat'elerwarded: Mon,22 Nov 1999 16:00:10-0600 / -, / Date sent\ Fri,19 Nov 1999 10:52:07-0400 / To: Recipient List Suppressed:; / -,,, / From: -\\ jim coffin<coffinj@clarkarti> Subject: - Federal Parks Nov.19 // / FEDERAL PARKS&' CREATION:VOLUME 17 NUMBER 22,NOVEMBER 19, 1999 In this issue...CONSERV)ki, ON BILL TAKES BIG STEP. House committee approves$3B measure to boo„LWCF,UPAR,nongame and more. Congress rejects administration request to4nclude in money bill.Page 1 MONEY BILL AGREES WITHMANTON. Comes in at$14.9 billion,or about what administration asked. Money fo everybody-federal agencies, state and fed LWCF,Millennium. LBL to FS.Page 3 STATE,FED LWCF GET $464 MILLION. $424 million for fed sid\bout matches Clinton i request. $40 million for state grants. State al cation set by formula.Page 4 NONGAME WINS,BUT PRO- EM ARISES. House committee conservation bill inclaes$350 million per year. B , environmentalists ojlect to removal of planning word .Page 5 DENALI SNOWMOBILE, 'SE IN CONFLICT. NPS says no sne mobiles in core of park, but federal judg- takes exception to that policy.Page 6 BILL\WOULD EASE FS CIN FEES. Would compare value to raw land rater than to c ---- ,-,7 „,- t '_ c-• private ca.'s. Money bill a place holder.Page 7 SENATORS A\StC DELAY , C 0,-B-A IN - IN RO A r STUDY. GOP senators tell USDA it should extend scop'mg 1 ,,,, :12 ,1) com7int period on roadless EIS by 4 months.Page 8 DID OVERFLIGHTS , ,, - A j JO ,(....,_ 7 0 ) - ' 1,,,,. (._ ' 4 B5L CRASH? Shuster,McCain quit on FAA bill last week,may try n,,,, 4gain.Page 9 NOTES.Page 10 CONFERENCE CALENDAR.Page 10 HOUSE CONSERVATION BILL TAKES FIRST STEP IN HOUSE COMMITTEE The House Resources Committee approved a$3 billion per year conservation bill(HR 3245)November 10 with major guarantees for park and recreation programs. Among other things the bill,approved by a 37-to-12 vote,would: *allocate$450 million per year for federal land acquisition, although individual purchases would have to be approved each year in a money bill, *guarantee$450 million per year for state Land and Water Conservation Fund grants, *guarantee$125 million per year for the Urban Park and Recreation Recovery program, *guarantee$200 million per year to a federal and Indian land restoration program,to supplement existing maintenance appropriations, *guarantee$350 million per year to a nongame Teaming with Wildlife program, *guarantee$100 million per year to the Historic Preservation Fund,and *guarantee$150 million for conservation easements and species recovery. Ominously,a coalition of environmental groups said it could not support the bill unless corrections are made,such as guaranteed funding for the federal side of the Land and Water Conservation Fund (LWCF). The coalition,which includes the Sierra Club and the National Wildlife Federation,said the bill"leaves funding for federal LWCF subject to the functional equivalent of the yearly appropriations process that has left it critically underfunded for the past 20 years." Committee approval of the bill came too late for Congress to pass a measure this year. Congress was expected to adjourn for 1999 this weekend,so supporters have not had time to attach HR 3245 to a fiscal year 2000 appropriations bill(HR 2466). Said one Republican staff member who is hostile to the bill,"If it was going anywhere,why didn't they move it in September when we still had time?" JOHN CROMPTON -- 1-- Tue,23 Nov 1999 08:26:22 Separately,the Clinton administration attempted November 7 to add a version of a permanent conservation bill to HR 2466,but was rebuffed by Republican appropriators. "Sen.(Slade)Gorton(R-Wash.)told them they were a day late and a dollar short,"said one Congressional staff member who participated in the talks. "He said we can't add to an appropriations bill a proposal of this magnitude." The administration reportedly made the offer to appropriators for the first time Sunday afternoon(November 7)at 6 p.m. Gorton said in a statement November 8 released to private property advocates who oppose a permanent conservation bill,"I was disappointed by this turn of events,as I believed I was close to reaching an agreement with the White House on the Interior bill. You will be happy to know that I told the White House that I am not willing to authorize a new entitlement for land acquisitions in my Interior bill." Gorton added,"Finally,I am deeply concerned with attaching a proposal as contentious and complicated as permanent, off-budget funding for land acquisitions to an appropriations bill." Despite the Gorton stance,Sen.Mary Landrieu(D-La.)threatened to filibuster the fiscal 2000 money bill if a permanent conservation bill was not attached to it. However,a final version of HR 2466 agreed to November 18 does not include the conservation bill. Landrieu,the chief sponsor of a lead Senate conservation bill(S 25),gave up November 17 on attaching S 25 to the money bill. So now the proposal will likely wait until next year. That will give the House Resources Committee time to prepare for House floor action. "We now have to deal with the concerns of the appropriations committee,"said one House Resources Committee staff member,"and make it as smooth as possible." That will not be easy because House Appropriations Committee Chairman Bill Young(R-Fla.),along with ranking committee Democrats, will almost certainly oppose any attempt to guarantee conservation money without appropriations,as HR 3245 would do. Although the appropriators would still be able to decide on allocations of$450 million per year from the federal side of LWCF,they would lose control of the rest of the money in HR 3245. The Senate Energy Committee also needs time to get its ducks in a row. The Senate committee scheduled a mark-up of a counterpart to the House committee bill(5 25)November 3 but canceled the meeting before it began because of disagreements over federal land acquisition. In the Senate committee a recent draft bill from Sen.Frank Murkowski(R-Alaska)would require the Senate Energy Committee and the House Resources Committee to approve federal acquisitions in each Congress,a provision Democrats wouldn't accept. The House Resources Committee overcame powerful opposition from western Republicans to the federal land acquisition provisions of HR 3245.The measure was developed in negotiations led by committee chairman Don Young(R-Alaska),ranking committee Democrat George Miller(Calif.)and senior House Democrat John Dingell(Mich.) The principal opponent in committee,Rep.Helen Chenoweth-Hage (R-Idaho),acknowledged the bill would pass. But,she added,"(M)ark my words,we will all rue this day,when we decided to set the un-reversible process in place to remove massive tracts of land in this great country from production and the tax rolls,thus inhibiting the growth and prosperity of this great nation." Both the House Resources Committee bill and Murkowski's mark back off from earlier western demands that all new federal land acquisitions come from the east. At the same time both the committee and Murkowski would encourage land management agencies to try out land exchanges before acquiring property,to try out less than fee simple acquisition by such things as buying easements,and to locate willing buyers and willing sellers. In addition the House committee bill would require federal agencies to give notice of proposed acquisitions to members of Congress, governors,local government officials and the public via notices in JOHN CROMPTON --2-- Tue,23 Nov 1999 08:26:23 newspapers. The House committee bill would set aside$450 million each year for federal land acquisition,although an annual appropriation bill could put up less than$450 million. Most other programs would receive guaranteed allocations without the need for appropriations,including coastal impact assistance,the state side of LWCF,nongame assistance, urban parks assistance,historic preservation,Federal and Indian Land restoration,conservation easements and species protection and payments-in-lieu of taxes,also known as PILT. For the state side of LWCF both HR 3245 and the Senate committee mark would continue to require a 50-50 federal-state match. After that the two measures would distribute money differently. HR 3245 would distribute 30 percent of the grant money by state(the Senate mark 60 percent);HR 3245 would distribute the other 70 percent based on population(the Senate mark 20 percent). And the Senate mark would distribute 20 percent by urban population in a state. Both would require states to pass 50 percent through to local governments. Both would forbid any one state from obtaining more than 10 percent of grant money each year. A brief summary of HR 3245 and Sen.Murkowski's mark: HOUSE COMMITTEE BILL SENATE MARK Fed LWCF $450 million $450 million State LWCF $450 million $450 million Teaming $350 million $350 million UPAR $125 million $75 million Historic Fund $100 million Nothing Land Restoration $200 million Nothing Species Recovery $150 million Nothing PILT $200 million Nothing Coastal Impact $1 billion $1 billion Total $3 billion $2.325 billion FINAL APPROPRIATIONS BILL MATCHES CLINTON DEMANDS An almost final agreement was reached on a fiscal year 2000 appropriations bill(HR 2466)by President Clinton and Congressional Republican leaders November 18. The House quickly passed the bill November 18,but in the Senate a threat of filibusters could delay final passage until after Thanksgiving. The agreement gives Clinton almost everything he requested for park and recreation programs. The only exception is a permanent Land Legacy Initiative that would finance a number of conservation programs in perpetuity without appropriations. However,House and Senate Republican negotiators did agree with the Clinton administration to fund a substantial number of Land Legacy programs for fiscal 2000. "We added$400 million to all the places they wanted more money," said a House Appropriations Committee staff member. In fact the bill provides about$14.9 billion for the Interior Department and related agencies. That's$100 million short of the$15 million the Clinton administration requested,but almost$1 billion more than the$14 billion the House and Senate individually approved this summer. The fiscal 1999 appropriation was$14.1 billion. The final version of HR 2466 was developed in the course of three weeks of negotiations between the Republican chairmen of the Senate and House Appropriations Committees,Sen.Slade Gorton(Wash.)and Rep.Ralph Regula(Ohio)and for the administration Office of Management and Budget Director Jacob Lew and Council on Environmental Quality Chairman George Frampton. In the end the Interior negotiations were linked to talks on four other money bills,including such majors ones as foreign operations and health and human services. All five were then wrapped into one omnibus bill November 18 and given final passage by the House. Temporary spending bills will keep the government in money until November 23. The negotiators killed a House approved rider that would have JOHN CROMPTON --3-- Tue,23 Nov 1999 08:26:23 barred construction of a new visitors center in GETTYSBURG NATIONAL PARK.Pennsylvania's Republican Congressional delegation wants the Park Service to build the center but the state's Democrats demanded that Congress authorize a visitors center first. In this dispute the Republicans won. The bill would provide money for the first time in five years for state Land and Water Conservation Fund(LWCF)grants,$40 million,and for the Urban Parks and Recreation Recovery program,$2 million. For the federal side of LWCF it provides$446.5 million. (See following article on LWCF appropriations.) In other areas the law includes$7 million for the Forest Service to use to add the LAND BETWEEN THE LAKES(LBL)recreation area in Tennessee and Kentucky to the National Forest System. That follows up on a separate fiscal 2000 energy and water appropriations law that includes$3 million to begin the transfer of the 170,000-acre LBL from the Tennessee Valley Administration. President Clinton signed the energy and water bill September 29 as PL 106-60. In a different area the Interior appropriations law includes a provision to restrict funding for an AMERICAN HERITAGE RIVERS program. The final provision would forbid agencies from transferring money to the Council on Environmental Quality to implement the program. But it would not prevent federal agencies themselves from spending money on the program,"if it is a normal part of their programs." The law also provides$30 million for First Lady Hillary Clinton's MILLENNIUM grants program that is financed through the Historic Preservation Fund. Neither the House nor the Senate had approved any money for the program. MONEY BILL HAS$446.5M FOR FED LWCF,$40M FOR STATES President Clinton and Congressional leaders agreed to a fiscal year 2000 appropriations bill(HR 2466)November 18 that would allocate a total of$486.5 million to the federal and state sides of the Land and Water Conservation Fund(LWCF). State side grants would receive$40 million. This would mark the first time in five years Congress has appropriated money for state grants. The Urban Parks and Recreation Recovery program would receive$2 million. The federal side of LWCF would receive in the neighborhood of $446.5 million,but about$23 million of that would be diverted to nonconservation projects,such as endangered species recovery. On the federal side of LWCF Congress came close to the administration request for land acquisition,approving$423.5 million compared to a request of$442 million. On the state side of LWCF the White House asked for$100 million,so the money bill is$60 million short of that request. The state grants must be matched 50-50 by the states. Tom Ross,NPS director of the center for recreation and conservation,said the grant money would be parceled out according to an existing LWCF formula, with states receiving money based on population and on a per state basis. He said that after five years of no new grants,"The states are very anxious to show how effectively the money can be used." He said that preparation by the states to use the new money"varies from state to state.Some will have to go to the state legislature for specific approval." Using the existing formula for allocating state grant money the$40 million would provide as much as$3.4 million(to California)and just over$2 million(to New York and Texas). Smaller states in population and land would receive less;Vermont is at the bottom of the barrel and it would receive$348,558. On the federal side HR 2466 would provide: *in one shot the entire$101 million to acquire the Baca Ranch in New Mexico adjacent to Bandelier National Park and the Santa Fe JOHN CROMPTON --4-- Tue,23 Nov 1999 08:26:23 National Forest. The money may not be spent,however,until Congress completes separate legislation to authorize the acquisition of the Baca Ranch from the Dunigan family that now owns the 95,000-acre property. That legislation was introduced by the New Mexico Congressional delegation November 9 in bills S 1892 and HR 3288. The legislation would establish a Valles Cadera National Preserve as a unit within the Santa Fe National Forest. It also calls for a board of trustees to develop a management plan for the land. Both the Bandelier National Park and the Santa Fe National Forest would have a trustee on the board. *full federal funding for Everglades National Park acquisitions and $45 million for state acquisitions attendant to Everglades(the state Everglades money is a separate allocation from the$40 million in state grant money). *$15 million for acquisition of the Catellus property in the California Desert(with the assumption an additional$15 million will be provided next year.) NONGAME BIG WINNER,BUT PLANNING DISAGREEMENT ARISES Nongame species that conservationists say are in serious decline are in line for some assistance-a$350 million per year program approved by the House Resources Committee November 10. In addition the Senate Energy Committee early next year may address counterpart legislation that would also establish a nongame species program at$350 million per year. There is one glitch. Some environmental groups object to the absence of language in the House committee bill(HR 3245). The language would require states to write specific plans on species protection in order to obtain grant money. The environmental groups, such as the Defenders of Wildlife,say most conservationists agreed to the language before the November 10 House committee meeting. "This is language we'd come up with in discussions with other groups such as the International(Association of Fish and Wildlife Agencies)and environmentalists to require states to do strategic planning.It was supposed to be in there,"said Mary Beth Beetham,a staff member with Defenders. The omitted language would require states to do such things as identify and protect indicator species. The International Association of Fish and Wildlife Agencies (IAFWA),the lead group behind the nongame program,agrees with Beetham."We still stand by it,"said Naomi Edelson,a staff member with the IAFWA."We believe the language would improve the bill. But obviously we're thrilled the bill was marked up. We understand we couldn't get everything but there is a long way to go. However,we're making significant progress." The House Resources Committee included the$350 million for a nongame program in a comprehensive conservation bill(HR 3245)that would allocate roughly$3 billion per year from money generated by off-shore oil and gas royalties. For most of the programs,including nongame,the money would be off-budget,so it would be allocated automatically each year without further appropriations. The program wouldn't actually start receiving money until fiscal year 2002;during fiscal 2001 off-shore oil revenues would be put in the fund to be spent during the next fiscal year. If and when a nongame program kicked in,larger states would receive up to$17.5 million per year-each;included in that category are Alaska,California,New York and Texas. Smaller states would receive$1.75 million per year;included in that category are Delaware,Hawaii,New Hampshire,Rhode Island and Vermont. HR 3245 would provide no money for administrative expenses for the Fish and Wildlife Service(FWS),which would manage the program. Presumably,FWS would have to obtain an appropriation from Congress JOHN CROMPTON --5-- Tue,23 Nov 1999 08:26:23 each year. The nongame program is needed,says a coalition of conservation groups,business representatives,and state and local officials,to counteract a decline in nongame species,particularly songbirds. The IAFWA said earlier this month,"Long-term bird surveys are making it clear that in every part of the continent and in most every habitat there are wild life species suffering significant losses." Although the Senate Energy Committee has not acted on a counterpart bill(S 25),committee chairman Frank Murkowski(R-Alaska)did prepare a new"mark"with a nongame provision for committee consideration November 3.That meeting was canceled before it began. At any rate herewith a summary of HR 3245 and the Murkowski proposal: *both would guarantee$350 million to state grants,with one-third of the money based on land amounts and two-thirds based on population, *the House bill would require a 25 percent match from states, while the Murkowski mark would require only a 10 percent match for the first five years,followed by a 25 percent match thereafter, *both would require the states to develop a comprehensive plan describing projects they would spend money on and submit the plan for approval by the Interior Department. However,the Senate would require a state to develop detailed prescriptions on species protection while the House bill would not, *both would provide money for wildlife conservation and restoration and both emphasize that the money"should be used to address the unmet needs for a diverse array of wildlife and associated habitats,including species that are not hunted or fished,for wildlife conservation,wildlife conservation education,and wildlife-associated recreation projects," *the House bill only would restrict a state's expenditure's for recreation projects to 10 percent of its allocation. NPS,COURT DON'T SEE EYE-TO-EYE ON DENALI SNOWMOBILES he Park Service and a federal court may be heading for a collision o snowmobiling in the core Denali National Park. NP -iroposed November 12 permanent exclusion of snowmobiles from the core of -nali,defined as the original Mount McKinley)(ational Park. That perm.i,ent exclusion would follow up on an interim policy that has excluded sno', obiles since February. But a federal co g, judge November 8 indicated iiya nonbinding preliminary order ‘7 will probably find the interjrn policy does not stand up to the law. `,1 this instance that law is/the Alaska National Interest Lands Consery tion Act of 1980(AWILCA);it set standards for closing Park Service lanin the state. Judge John W.SedwickAlaska said his preliminary order that the Park Service didn't define clearly w-at constituted snowmobile use that would be detrimental to pari res e rces,didn't detail how much snowmobile use was anticipated a i where,and may have violated public hearing rules by making up its mi d'Oput policy before holding the hearings. "The analysis set out in this p-der shows flat the Decision is arbitrary and capricious bec, se the absence'ofany definition of traditional activities neces rily means that the recision contains no rational basis for the co usion that the use of snov4ria.chines for traditional activities in e Old Park is detrimental to the resource values of the Old Pa ,"said Sedwick in his preliminary order in the case Alaska State /owmobile Association v.Babbitt,USDC Alaska,No. A99-0059 CV( S). However,Sedwick emphasized that the order was preliminary an. did not represent a final order. An attorney ,Jr the snowmobilers,William Horn,said this week,"We are cautious optimistic we will prevail." Horn and the government presented it i-al arguments November 12 to Judge Sedwick in reaction to the judg:s preliminary order. Horn,41.the firm Birch,Horton,Bittner,Inc.and a former assist nt secretary of Interior for Fish and Wildlife and Parks,said JOHN CROMPTON --6-- Tue,23 Nov 1999 08:26:24 , . ,.',roff foxasxeoyouraippf-fot:,,..,„..,,.,;•• Supporting parks"'R'4'..7:'''' , ,. ,•,,.„...,.•,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,....,,,,,m...,:•..t.:„,,,,,,,,,,,:.„,.,„,,„,„,,,,,;:,,,,,,,,,,,,,,,,,,,„,„R„,,,,,„„,,„:„,•,;..,,,„.,..., i,LI..'..,,:•...:...'.".•...:....:'•:::.,:•:•;::::,:;.:.i4:.',•,:•::.".:!''. 1I 1•460ihlibilliiiralitiffo:4VikifltgialiidMitata6firdira;iglki!d?,,I,6*iff ihOiibiiSe4§es:*a8iwacpgtlA ,...:::.:':'-';..;.,:::,•,• •. it. ....',. filigt4MIlatlot Ifiliiiii•riet. •••::'....:.E.!i,:....0-4thilc.0. *a§"iiiitilvadedthetweerr:..1-lii:••::•,...1.01 , ,.. i '•-••.;:•.',.:.•E':",',th••d:,feitlefal•.:afidggiate.'igorett,g,!.::'....I.j:,::,:.;:,4•1 ii4fi'flliI'llrgif!..'elitiliVdi.'•:'.,t6e31 4":47.04,14ar(10-01.0.1)..Zgf.parks4.:.:.la l' . •• .1:-':'•.:',.'••:•:•-:':::•:"':(1h1;•:,,i.'rera•:§1•IhditAte.•40.oatIon...:::::i::',..:,,. • '1 •..' t. iili:l'i!iI!Ierailiri:. itl'..iilloil*k:I,, 4.:;;;,,,,A7:26) c::"-t-' ''71 ite_,,, • „•:••,......,........,..,...............,.„....._,,...................,.....,..„_,....„,„„..„,,,,_,,,,,„..,,,,.„,„_,A,,,,„.."....,„:„„i„.„...,..•. ••., . 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'- r',,,,,,,e, )C at ,..„,,,if,„„,„ „:,:,.,„,,,,,,,,,"„„„„,;.:,„,. ...„. .,,,.:,.,,,:„, ..,,,,,,, ,,,„„:,:,:,„„,,„„„,„,„,„ ,...„,.„,,„,„1,„,v,„„„,, ,.,,,,. . 11,-)l ,. K K''''im-pace i hmite f0t ti @0) . 3K V 'K: `ti`s:.t?� passenqers .2 ,,,:, .,.,.., ...„ .„.„, ���b. ifag Marci Poqers to •- e 3z<, y , r �X�. ,,,„. ,r;;v : . _. • goaisoaBsmigeaifia isissoisouls,,,,„„„,„:, .. N,,,, ti . . * c L o t� i o n SeniorServittsily.„:,•.. ,. K S x ? ASA is the National Governing Body of Softball in the United States and a member of the USOC. The ASA numbers are staggering. There are over 60,000 umpires, 250,000 adult softball teams and 65,000 youth teams involved in ASA softball in the United States annually. Texas ASA is the largest association in the United States with 9,500 adult teams, 4,600 youth teams and 2,600 umpires. District 30 is the largest in Texas ASA. Texas ASA Annual Meeting in Killeen, Texas October 8-10, 1999 2000 Meetings/Schools Awarded: Expected Attendance TASO State Umpires School—January 22 50 students Texas ASA Winter Meeting—January 28-30 150 participants Texas ASA State Umpire School—Feb 19-20 60 students 2000 State Tournaments Awarded: Girl's 10 & Under"B" Fast Pitch June 16-18 60-70 tea ass Men's Class "D" Slow Pitch—July 21-23 90-100 teams Men's Fast Pitch—July 29-30 20-25 teams Women's Fast Pitch—July 29-30 8-12 teams Men's Major & A Slow Pitch—August 5 Si 6 18-24 teams 2000 Invitational Tournaments: UIL High School Varsity Softball Tournament—Feb 17-19 24 teams UIL High School JV Softball Tournament—March 23,25 20 teams Girl's 10,12,14, & Under Fast Pitch—April 28-30 40 teams Girl's 10,12,14,16,18 & Under Fast Pitch—May 27-29 75 teams Girl's 10,12,14, & Under Fast Pitch—Sept 23-24 40 teams Girl's 10,12,14, & Under Fast Pitch—Oct 21-22 40 teams Awards received: Texas ASA District of the year 7th consecutive year Top District Adult Team Registration 1160 teams Top District Total Team Registration 1412 teams Second District in Umpire Registration 211 umpires Fifth District in Youth team Registration 252 teams 2000 National Tournaments in Bryan/College Station: Men's Class "A" Fast Pitch—September 1-4 24-30 teams ************************************************************************************ ASA National Softball Conference in Dallas, Texas November 5-12, 1999 2001 National Tournaments awarded to Bryan/College Station: Men's Masters 40+ Fast Pitch—August 24-27 32-40 teams Awards received: 8th consecutive year Award of Excellence for hosting a 1999 ASA National Tournament that was rated 90%, or higher, by the participating team's, umpires and ASA National staff present. - a v. 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