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HomeMy WebLinkAboutContract 53562 CITY SECRETARY AFC ��I��jj MEMORANDUM OF UNDERSTANDING COVMCTNO.• 35�0� sFC�0-i9v CITIES OF FORT WORTH AND EVERMAN AND q�,1 TARRANT COUNTY STATE OF TEXAS § COUNTY OF TARRANT § This Memorandum of Understanding(MOU), is not a legally binding document, but is an agreement between the City of Fort Worth, City of Everman and Tarrant County (otherwise known as parties or political subdivisions)to show their support and willingness to assist each other in the pursuit of federal and state "Grant Opportunities available for City of Everman Chambers Creek Flood Prevention and Mitigation". A grant may include property buyouts to minimize future flood damages to homes and businesses in flood prone areas. Texas Statutes require that the political subdivisions in the flood prone watershed must have entered into a MOU at the time of the application. The applicant must delineate the Project Watershed (Attached as Exhibit"A")using the best available data with analysis performed in accordance with sound engineering principles and practices. Estimates of the affected area may be revised as projects advance from planning to final design. Revisions may be necessitated by the collection of additional data, development of more refined modeling tools, refinement of design criteria,or other factors.If a revision of the affected area results in the identification of additional political subdivisions affected by the project,the applicant is responsible for notifying those entities, seeking their cooperation, and documenting their cooperation via a revised MOU. Pursuant to S.B. 7 grant approval requires that the political subdivisions have and will act cooperatively to address flood control needs in the Project Watershed, all eligible political subdivisions substantially affected by the proposed project have participated in the process to develop the proposed flood project;the political subdivisions either cooperatively or separately have held public meetings to accept public comment on proposed flood projects from interested parties,the technical requirements for the proposed flood project have been completed and compared against any other potential flood projects in the same area, and an analysis has been completed to determine whether the proposed flood project could use floodwater capture techniques for water supply purposes, including floodwater harvesting, detention or retention basins, or other methods of capturing storm flow or unappropriated flood flow. Nothing herein shall require the parties to be bound by any terms or conditions of a federal or state grant agreement nor shall this MOU require any party to apply for such grant as stated above without the express approval of its governing body. If a political subdivision is not awarded federal or state funding,then this MOU shall have no effect. Furthermore, upon receipt of such funds, if awarded, both parties agree to negotiate in good faith an agreement with the terms and conditions detailing the parties' obligations which must be approved by each governing body. Chambers Creek Flood Project Pagel 00 RECEIVEC, i OFFICIAL RECORD 1 FEB 2 n 2020 CITY SECRETARY . CITY OF FORT WORTH CITYSECRETARY ic. MEMORANDUM OF UNDERSTANDING CITIES OF FORT WORTH AND EVERMAN AND TARRANT COUNTY Overall Project Goals, Services and Outcomes: Chambers Creek Flood Prevention and Mitigation in the Project Watershed. This MOU shall begin upon grant funding approval. The agreement is renewable from year to year, unless a party gives notice of intent to withdraw from the project. Agency Provisions: In addition to continuing the on-going program planning and review process of" Grant Opportunities available for City of Everman Chambers Creek Flood Prevention and Mitigation"the political subdivisions will participate in the on-going planning and review process of the Project Watershed. Chambers Creek Flood Project Page 2 of MEMORANDUM OF UNDERSTANDING CITIES OF FORT WORTH AND EVERMAN AND TARRANT COUNTY Termination: This MOU may be terminated by either party, for any reason, by giving 30 days written notice. The effective date of this MOU shall be; 20 '� Ci o verman: Tarrant County Mi ael Gunderson, City Manager County Judge City of Fort Worth: Dana Burgh ff, Commiss' ner Roy Charles Brooks Interim Assistant City anager Recommended by: Gre o As ant PW Director Approved as to Form and Le ality a hrista R. pez olds Sr. Assistant City Attorney FOR 0 Ate t: Q. rarj�Kayser �Secretary *,•'�• Chambers Creek Flood Project Page 3 of 3 a� c M v c � CC 3 L CL LL c O c U a Q' O E a Z rn CO LL E E or o C (q (q U Il U) U- U- III � I � r Q) lb . e LL #I�t- �i�EtaE