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HomeMy WebLinkAboutResolution 1532~> i~SOtulsox rto. ~~~ .'~ RESOLUTION AUTHORIZING TRINIT'I RIVER INTERLOCAL AGREEMENT IN ~ PURSUIT OF A COMMON VISION" 1 } WHEREAS, pursuant to the Interlocal Cooperation Act, political subdivisions of the State of Texas are authorized to enter into interlocal agreements with each other regarding governmental functions and services; and, i ' 47HEREAS, the City of Fort Worth and other local governments ~ have been cooperating and intend to continue cooperating with each other, the U.S. Army Corps of Engineers, the Texas Water i Development Board and other local, state and federal entities through the North Central Texas Council of Governments in pursuit of a "Common Vision" for the Trinity River Corridor; and, WHEREAS, the Interlocal Agreement provides the mechanisms i for local participation and cost-sharing with the U.S. Army Corps i of Engineers in a Feasibility Study of the Upper Trinity River { Watershed to reduce flooding risks and provide environmental enhancements; and, a ~ WHEREAS, the Trinity River Corridor Select Committee has ~ reviewed and endorsed the Interlocal Agreement. i NO47, THEREr^ORE BE IT RESOLVED BY THE TRINITY RIVER CORRIDOR SELECT CObLMITTEE THAT: __ The City Council authorize the City Manager to execute the Trinity River Interlocal Agreement In Pursuit Of A Common Vision with the North Central Texas Council of Governments. Malinda Crumley, Chairperson Trinity River Corridor Select Committee APPROVED BY CITY COU(~ECIL MAY 22 1990 K~ c+ty secte+~y of me City of Fort WottL, 7n~nn ~¢7 Ci?tR° ~itQAF9°5' I~Q1u~9`L'14Y THE STATE OF TEXAS THE COUN'PY OF TARRANr TRINITY R1VII2 ~III2TDOR TxrEar mar. AGREEMQ7P IN H]RSUIT OF A I VISION • THIS INPII2LOC'AL Agreement ("Agreement") effective January 1, 1990 is entered into between the cities of Arlington, Carrollton, Coppell, I~llas, Far,,,ar~ Branch, Fort Worth, Grand Prairie, Irving and/or I~wisville, municipal corporations duly incorporated antler the Constitution and laws of the State of Texas acting by and through their respective City Councils; the North Central Texas Council of Governments ("NCT~G"),apolitical subdivision of the State of Texas acting by and through its .Executive Board; and other governmental entities consenting hereto, WIZNFSSETH: WHEREAS, pursuant to the Interlocal Cooperation Act, Article 4413 (32c), Vernon's Texas Civil Statutes, as amended (the "Act"), cities, counties, special districts and other legally constituted political subdivisions of the State of Texas are authorized to enter into interlocal contracts and agreements with each other rxrarr7;,,g governmental functions and services as set forth in the Act; and, T+IFIEREAS, the parties to this Agreement recognize that the Trinity River Corridor is a unique regional resource in the heart of a growing Metroplex; that local governments are responsible for the overall health, safety and welfare of their citizens and thus must take the lead as stewards of the river corridor; and that actions of upstream and downstream communities within the river corridor directly affect each other such that individual local goals for flood management, transportation, greenway, waste management, conservation and development can only be achieved through cooperative management of the river corridor; and, WHEREAS, the parties to this Agreement have been cooperating and intend to continue cooperating with each other, U.S. Army Corps of Engineers, Federal Emergency Management Agency, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, Texas Water Commission, Texas Parks and Wildlife Department, Texas Water Development Board and other local, state and federal entities in pursuit of a COPM40N VISION for the Trinity River Corridor; and, T~FtEAS, the parties to this Agreement urxlerstand that entering into this agreement in no way obligates any party to implement any project recommended from the planrring studies, and that separate agreements will be negotiated and executed in that regard; NOW, THEREFORE, for and in consideration of the premises and the mutual covenants herein contained, and subject to the conditions herein set forth, the parties hereto covenant, agree and bind themselves as follows: ARTICLE 1. - n~rxTriONS ' For purposes of this Agreement: _ TRINITY RIVER ~IDDR -means the bed and banks of the river segments from the dams of Lewisville Reservoir, Grapevine Reservoir, Lake Worth, Benbrook Reservoir, Lake Arlington and Mountain Creek Lake downstream to the Malloy Bridge Road crossing in southeast Dallas County, and all of the adjacent land area and all watercourses contained within the boundaries of the river flood • plain for at least a 100-year flooding event/recurrence interval as designated _ by the Steering Committee. UPPER 1'NP('Y RIVER BASIN - *naanc all of the Trinity River watershed upstream of the Malloy Bridge Road crossing in southeast Dallas County. OGNGRESSICNAL RESOTSTI`ION -means the Committee Resolution adopted on April 22, 1988 by the Committee on Environment and Public Works of the United States Senate that directs the U.S. Army Corps of IIZgineers to conduct a planning study which reviews previous reports and makes recccmnendations regarding flood protection, environmental enhancement, water quality, recreation, and other allied purposes in the Upper Trinity River Basin with specific attention on the Dallas-Fort Worth metroplex. IBn~'~'~'-PHASES -means the two phases of the Corps of Engineers planning studies; the first-phase Reconnaissance Study for the Upper Trinity River Basin began in October 1988 to assess water resources problems, and must identify at least one potential solution that would likely have federal interest and be supported by non-Federal sponsor(s) in orzler to proceed to the second-phase Feasibility Study, which is to reconmierxl implementable solutions to the .identified water .resources problems. • FEA.g~"rr•rty 0.1SP SHARING ACP ("FCSA") - means the agreement negotiated and executed between the Departinent of the Anmy, represented by the Fort Worth District Fhgineer of the U.S. Army Corps of Engineers, and the Feasibility Phase sponsor to share the cast of wnducting the Feasibility Study as outlined in a detailed Scope of Studies ("SOS"). E}~QTPIVE CQ+A~PI<1'EE and STiJDY ~ `1'F~1i'I -means the two conmiittees required by Corps of Engineers regulations to guide the Feasibility Phase of the Trinity River studies; appointments will be made by the District Engineer and the Steering Committee. IOCAI. COOPERATION AGE2F~7P ("LCA") -means the agreement negotiated and executed between the Department of the Army and the local project sponsor(s) for implementation of each specific project recommended in a completed Feasibility Study. FZOOD PROTECiZOtI PLANNING -means the process of developing the means of providing protection from flooding through structural and nonstructural measures, with cost-share funding available to political subdivisions from the research and planning fund of the Texas Water Developmettt Board. 2 AKCICLE 2. - P[JRPOSE OF AQ2EQ~SI>' .. The purpose of this Agreement is to accomplish the following obj o reduce flooding risks and provide environmental enhancements Trinity River Corridor by participating with the U.S. Army C Engineers and others in the planning studies and the impleme specific projects on acost-sharing basis. o provide an administrative structure through this Agreement f •. execute a Feasibility Cost Sharing Agreement with the Corps ~ ~~~ ~t_charjng funds from the Texas Water Developmer, flood protection planning, and establish the mechanism to of funding and in-kind services from the other parties to this . o coordinate with the North Texas Congressional Delegation, tt. t~m;n;~tration, State Legislators and others to acxomplish t this Agreement. o participate in the Feasibility Phase of the Trinity River st among other tasks: 1} evaluates and recommends potential str nonstructural solutions for flood protection, environmental water quality, recreation, aril other allie3 purposes in the Corridor pursuant to the Congressional Resolution; 2) deve.~ engineering-scale topographic mapping, cross-sections, prof: elevations, flood plain delineations and planimetrics on a ~ geographic information system; and 3) improves the hydrolor hydraulic computes models for use by the Corps of IIlgineers Feasibility Phase, and for use by the parties, Corps of E7~g: engineering community in preparing and reviewing permit app o provide the means for cities, counties, and special distric' Local Cooperation Agreement(s) with the Corps of F7igineers , implementation of specific elements recommended during the Phase or flood protection plan. o cooperate in ~,~cn; t of a ~PM40N VISION for the Trinity Riv including flood manageme-nt, tsansPortation, greenway, waste conservation, development and other appropriate elements. • AKPICLE 3. - PSI+LLNISII2ATIVE AND FOISCY SIIdK'iUI2E '~ The administrative and policy structure under this Agreement is as follows: o A Steering Committee will provide policy guidance for the cooperative program and make reccimnei~dations to the governing bodies of the parties; each party to this Agreement except NCTCL~G will be entitled to appoint one member from its governing body and a designated alternate to the Steering • Committee; parties which provide funding support will have voting representatives, while others will be ex-officio non-voting; the NCT~G Executive Boatel will appoint a chairman and Vice-Chairman who will not be members of the governing bodies of the other parties to this Agreement. o Regional Task Force(s) will be appointed by the Stee_*-ing Committee as appropriate to provide advice and assistance; a Regional Task Force will generally consist of Senior staff members from the participating entities, and may include representatives from other local governments, state agencies, federal agencies, the private sector and public interest groups. o NCP~G will be the administrative agent urx3er this Agreement pursuant to the Act; NCTmG will submit an annual ccordu~ated work program and budget for Steering Committee approval; unless modified by the Steering Committee, each city will contribute its pro-rata share for NCICX)G funding support based on the percentage of its jurisdiction's land area within the Trinity River Corridor, while any other political subdivision with a voting representative on the Steering Committee will contribute five percent. o This Agreement is recognized as a supplemental level of service, and is not intended to duplicate or diminish the products, assistance, representation, or services received by participating entities through NCPCUG r,~embership. • o The Steering Committee may seek funding and approve cooperative planning studies among the parties, with state and federal agencies, and with any other entities to accong~lish the purposes of this Agreement. o The Feasibility Cost Sharing Agreement for continuation of the Trinity River studies will be negotiated with the Corps of Engineers, approved by the Steering Committee and executed by NCP~CG as the administrative agent; the Steering Committee will approve the method fcr calculating and obtaining the local funding and/or in-kind shares for any of these applications. o The Steering Committee will appoint the appropriate representatives to the Executive Committee and Study Management Team with the Corps of Engineers for guiding the Feasibility Phase of the Trinity River studies. o The Feasibility Study developed by the Corps of Engineers and Steering Committee is expected to identify elements connnon to the parties that would need to be jointly cost-shared for implementation through amench;:ent and extension of this Agreement, and separable elements that would need to be cost-shared only by the affected patties. . o Funding applications and/or agreements for the implementation of each separable element, including any Local Cooperation Agreement, will be developed, executed and cost-shared by the a~ropriate city, county or special district or combination thereof. o In accordance with the Interlocal Cooperation Act, the parties will make paynr~ts for services rendered under this Agreement from available current revenues. 4 AKPICCE 4. - ADDITI~L PARTIES Additional political subdivisions in or near the Trinity River Corridor may become parties to this Agreement by first obtaining endorsement by the Steering Committee, approving the terms and conditions of this Agreement, providing pro-rata funding support for NCICOG and planning studies if it wishes to have a voting member of the Steering Committee, and affixing hereto the signature of its authorized representative indicating the date of approval of this Agreement by said entity. ARTICLE 5. - AII~S+41L AND At~7i5 This Agreement will be in effect for one year from the effective date of this Agreement, and will be considered automatically renewed for each succeeding year. A party may withdraw from this Agreement, through a vote of its governing body, provided it has notified the Steering Committee of such action in writing at least 60 days before its intended withdrawal date. Amendments may be made to this Agreanent upon the approval of the governing bodies of all parties. AHIZCLE 6. - SEPARABn~ (S AiISF. If any provision in this Agreement or any application hereof shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. _ ARTICLE 7 - GOVFZ~II~IG IAW • This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. IN WITiJFSS WFIEREOF, the parties hereto have caused this Agreement to be duly executed and their respective seals to be hereunto affixed and attested, as of the date aril year noted below. (Signature) (Typed Name) (Title) . (Agency) Late: 5 ' RESOIITPION ALTII-1QRIZIIJG 7RIIdITY RIVER OQIII2IDOR INPEF2IOCI~L AC~2EQ+gNr IN A.IItSUIT OF A OO1+rDN VLSION WI-IEREA.~, pursuant to the Interlocal Cooperation Act, political subdivisions of the State of Texas are authorized to enter into interlocal agreements with . each other regarding governmental functions and services; and WI-IEREAS, local goverrmients have been cooperating aril intend to continue cooperating with each other, the U.S. Army Corps of Engineers, Texas Water Development Board and other local, state and federal entities through the North Central Texas Council of Governments in pursuit of a CONA'i0N VISION for the Trinity River Corridor; arx3 WEIERRFF.AS, the Interlocal AgreemPSZt provides the ~hanicrr~ for local participation and cost-sharing with the Corps of Engineers in a Feasibility Study to reduce flooding risks aril provide environmental enhancements; and WF)g2FAS, the Steering Committee of elects3 officials has reviewed and unanimously endorsed this Interlocal Agreement. NOW, TFIEREEEI~RE, BE TP FIEFtEBY RESOLVID: SECTION 1 That the Executive Director is authorized to execute the Interlocal Agreement on behalf of the North Central Texas Council of Goverrm~ent, and to receive funds and perform all of the functions assigned to NCTCt7G therein. • SECTION 2 That the Executive Director is authorized to negotiate and execute appropriate dociunents, including funding and cost-sharing arrangetr~nts, with other signatories, the Texas Water Development Board, U.S. Army Corps of ET~gineers or other entities as approved by the Steering Conmtiittee rn,m,ant to this Agreement. SECTION 3 That this resolution shall be in effect immediately upon its adoption. John President North Central Texas Council of Governments Mayor Pro Tem, City of Dallas I hereby certify that this resolution was adopted by the Executive Board of the North Central Texas Council of Governments on November 16, 1989. ~` `~-~ Lee F. Ja o Secretary-'PrPa~,~*"Pr North Central Texas Council of Governments County Judge, Dallas County