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Res 2008-165
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Res 2008-165
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Last modified
2/27/2009 8:37:55 AM
Creation date
12/4/2008 9:17:56 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2008-165
Date
12/2/2008
Volume Book
178
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TEXAS RECREATION & PARKS ACCOUNT <br />LAND AND WATER CONSERVATION FUND - GENERAL PROVISIONS-Continued <br />It is the responsibility of the grant sponsor to have a Single Audit done annually according to the Texas Single Audit Circular <br />for state funded projects and according to OMB Circular A-133 for federally funded projects. A copy of this audit must be <br />furnished to the Department when completed. <br />B. Project Application <br />1. The application for state assistance bearing the same project name as the agreement and associated documents is by <br />this reference made a part of the agreement. <br />2. The sponsor possesses legal authority to apply for the grant and to finance and construct the proposed facilities. A <br />resolution or similar action has been duly adopted or passed authorizing the filing of the application, including all <br />understandings and assurances contained therein, and directing and authorizing the person identified as the official <br />representative of the sponsor to act in connection with the application and to provide such additional information as <br />may be required. <br />3. The sponsor has the ability and intention to finance the non-State share of the costs for the project. Sufficient funds will <br />be available to assure effective operation and maintenance of the facilities acquired or developed by the project. <br />C, Project Execution <br />1. The project period shall begin with the date of approval by the Parks and Wildlife Commission and shall terminate at the <br />end of the stated or amended project period unless the project is completed or terminated sooner, in which event the <br />project period shall end on the date of completion or termination. <br />2. The sponsor will cause work on the project to be commenced within a reasonable time after receipt of notification that <br />funds have been approved and assure that the project will be prosecuted to completion with reasonable diligence. <br />3. The sponsor will require the facility to be designed to comply with the minimum requirements for accessibility for the <br />handicapped in conformance with the Texas Architectural Barriers Act (Article 9102 - Texas Civil Statutes), and the <br />Americans with Disabilities Act of 1990 (PL 101-336). The sponsor will be responsible for conducting inspections to <br />ensure compliance with these specifications by the contractor. <br />4. The sponsor shall secure completion of the work in accordance with approved construction plans and specifications, <br />and shall secure compliance with all Federal, State, and local laws and regulations. <br />5. In the event the project covered by the project agreement cannot be completed in accordance with the plans and <br />specifications for the project, the sponsor shall bring the project to the point of recreational usefulness agreed upon by <br />the sponsor and the Department. <br />6. The sponsor will provide for and maintain competent and adequate architectural and engineering supervision and <br />inspection at the construction site to ensure that the completed work conforms with the approved plans and <br />specifications. <br />7. The sponsor shall furnish quarterly progress status reports to the Department beginning with the date of Parks & <br />Wildlife Commission approval. <br />8. The sponsor will comply with the provisions of: Executive order 11988, relating to evaluation of flood hazards; <br />Executive Order 11288, relating to the prevention, control, and abatement of water pollution; Executive Order 11990, <br />relating to the protection of wetlands; and the Flood Disaster Protection Act of 1973 (P.L. 93-234) 87 Stat. 975. <br />9. The sponsor will assist the Department in its compliance with the Texas Antiquities Code (Revised 9/1/87) by <br />(a) consulting with the Texas Antiquities Committee on the conduct of investigations, as necessary, to identify properties <br />listed or eligible for listing as State Archeological Landmarks, and to notify the Department of the existence of any <br />such properties, and by <br />(b) complying with all requirements established by the Department to avoid or mitigate adverse effects upon such <br />properties.
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