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HomeMy WebLinkAboutResolution 2000-083 RESOLUTION NO. 2000-83 BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, that: 1. The City Manager be, and is hereby authorized to execute the attached Big Fossil Creek Watershed Interlocal Agreement with the North Central Texas Council of Governments concerning cost participation in a flood damage reduction study by the Corps of Engineers. PASSED AND APPROVED this the 23rd day of October, 2000. C··· L,.l, ~1""c<- C'harles Scoma, Mayor ATTEST: t?âóUM~ fl~ .. Patricia Hutson, City Secretary APPROVD AS--TO FORM AND LEGALITY: jr_ . '.. ""/ / // l~,," ///// ! (ß C< . / / '. I i / \..~_ ___,/' ~~~----L~,-" _.___.J Rex'McEntire, Attorney for the City APPROVED AS TO CONTENT: ,'>1' THE STATE OF TEXAS ~Ö[Plf THE COUNTY OF TARRANT BIG FOSSIL CREEK WATERSHED INTERLOCAL AGREEMENT THIS INTERLOCAL Agreement ("Agreement") effective September 21,2000 is entered into between the North Central Texas Council of Governments ("NCTCOG"), a political subdivision of the State of Texas acting by and through its Executive Board; and each of the following municipal corporations duly incorporated under the Constitution and the laws of the State of Texas, acting by and through their respective governing bodies: Tarrant County, the cities of Fort Worth, Haltom City, Haslet, Keller, North Richland Hills, Richland Hills, Saginaw, and/or Watauga; and other government entities consenting hereto, WITNESSETH: 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 regarding governmental functions and services as set forth in the Act; and, WHEREAS, the parties to this Agreement recognize that the Big Fossil Creek Watershed 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 watershed; and that the actions of upstream and downstream communities within the watershed 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 watershed; and, WHEREAS, the parties to this Agreement have been cooperating and intend to continue cooperating with each other, the U.S. Army Corps of Engineers, Federal Emergency Management Agency, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, Texas Natural Resource Conservation Commission, Texas Department of Transportation, Texas Parks and Wildlife Department, Texas Water Development Board and other local, state and federal entities in pursuit of a Flood Damage Reduction Study for the Big Fossil Creek Watershed under the auspices of the Upper Trinity River Feasibility Study; and, WHEREAS, the parties to this Agreement understand that entering into this agreement in no way obligates any party to implement any project recommended from the planning 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, agree and bind themselves as follows: Page 1 ARTICLE 1. - DEFINITIONS For purposes of this Agreement BIG FOSSIL CREEK WATERSHED - means the area of Tarrant County in which all land drains to the Big Fossil Creek, upstream of the point where Big Fossil Creek joins the Trinity River West Fork. The Watershed begins in northwest Tarrant County southeast of the point that SH 287 (Business) meets SH 287, continuing southeast along the creek south of SH 377 and NE Loop 820, and southeastward past SH 121. TRINITY RIVER CORRIDOR - 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 eastern Dallas County line, and all the adjacent land area and all water courses contained within the boundaries of the river flood plain for at least a 1 OQ-year flooding event/recurrence interval as designated by the Steering Committee. PROJECT STUDY PLAN - means the Phase" component of the Upper Trinity River Feasibility Study through which interested local governments can participate with the local and federal sponsor to address specific needs of an identified sub-area of the Upper Trinity River. BIG FOSSIL CREEK PROJECT STUDY PLAN - means the plan that will provide the framework to stabilize and reduce future floodplain development impacts, offer recommendations for stream bank stabilization, identify ecosystem restoration opportunities, and develop preliminary recreation and open space plans for the Big Fossil Creek Watershed. PLANNING STUDY PHASES - means the three phases of the US Army Corps of Engineers' Project Study Plan for the Big Fossil Creek Watershed. Phase 1 would consist of establishing the hydrologic, engineering, and environmental existing conditions for the study area. New aerial photography would be the basis for developing digital topographic mapping of the floodplain. The hydrology and hydraulics models would be built/updated and an environmental inventory would be prepared. Phase 2 would consist of investigating all alternatives for feasibility by determining the costs and benefits associated with each alternative. This phase would be used to determine the National Economic Development (NED) plan and the Locally Preferred Plan, if different. Phase 3 would consist of performing the final work necessary to complete a more detailed design of the NED and Locally Preferred Plan and to prepare the Feasibility Report and integrated environmental documentation. This phase would include detailed site investigations, appraisal of all property within the project area, development of mitigation requirements (if necessary), cultural resources field surveys, finalization of recreation plans, consideration of neighborhood continuity for the project, and development of construction cost estimates. A gross real estate appraisal would be prepared. In addition, an analysis of the financial capability of the potential Sponsor to share in the cost of the project construction would be performed. The feasibility report would be written and published during this phase. FEASIBILITY COST SHARING AGREEMENT (UFCSA") - means the agreement negotiated and executed between the Department of the Army, represented by the Fort Worth District Engineer of the U.S. Army Corps of Engineers, and the North Central Texas Council of Governments, as Feasibility Phase sponsor acting on behalf of the local government participants, to share the cost of conducting the feasibility study as outlined in a detailed Scope of Studies (USOS"). PLANNING STUDY COST SHARING AGREEMENT (UPSCSA") - means the agreement negotiated and executed between the Department of the Army, represented by the Fort Worth District Engineer of the US Army Corps of Engineers, and the North Central Texas Council of Governments, as Planning Study sponsor acting on behalf of the local government participants, to share the cost of conducting the planning study as outlined in the detailed Project Study Plan for the Big Fossil Creek Watershed. Page 2 EXECUTIVE COMMITTEE and STUDY MANAGEMENT TEAM - means the two committees required by the 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. BIG FOSSIL WATERSHED POLICY COMMITTEE - means the committee to guide the Planning Study Phases of the Project Study Plan for the Big Fossil Creek Watershed, which will comprise representatives of the local sponsor, federal sponsor, and local government participants. LOCAL COOPERATION AGREEMENT ("LCA") - means the agreement negotiated and executed between the Department of Army and the local project sponsor(s) for implementation of each specific project recommended in a completed Planning Study. FLOOD PROTECTION 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 Development Board. Page 3 ARTICLE 2. - PURPOSE OF AGREEMENT The purpose of this Agreement is to accomplish the following objectives: Reduce flooding risks and provide environmental enhancements within the Big Fossil Creek Watershed by participating with the U.S. Army Corps of Engineers and others in the planning studies and the implementation of specific projects on a cost-sharing basis. Provide an administrative structure through this Agreement for NCTCOG to execute a Planning Study Cost Sharing Agreement with the Corps of Engineers, to obtain cost-sharing funds from the Texas Water Development Board for flood protection planning, and establish the mechanism to obtain necessary funding and in-kind services from other parties to this Agreement. Coordinate with the North Texas Congressional Delegation, the Federal Administration, State Legislators and others to accomplish the purposes of this Agreement. Participate in the Big Fossil Creek Flood Damage Reduction Study which, among other tasks: 1) evaluates and recommends potential structural and/or nonstructural solutions for flood protection, environmental enhancement; 2) develops up-to-date engineering scale topographic mapping, cross-sections, profiles, flood elevations, flood plain delineations and planimetrics on a computer geographic information system; and 3) improves the hydrologic and hydraulic computer models for use by the Corps of Engineers in the Feasibility Phase, and for use by the parties, Corps of Engineers and the engineering community in preparing and reviewing permit applications. Provide the means for cities, counties, and special districts to negotiate Local Cooperation Agreement(s) with the Corps of Engineers or others for implementation of specific elements recommended during the Planning Study or flood damage reduction plan. Continue cooperation in pursuit of a COMMON VISION for the Trinity River, including flood damage reduction, transportation, greenway, waste management, conservation, development and other appropriate elements to achieve a safe, clean, enjoyable, natural, and diverse Trinity River. Page 4 ARTICLE 3. - ADMINISTRAIVE AND POLICY STRUCTURE The administrative and policy structure under this Agreement is as follows: A Big Fossil Watershed Policy Committee will provide policy guidance for the cooperative program and make recommendations to the governing bodies of the parties; each party to this Agreement except NCTCOG will be entitled to appoint one member and a designated alternate to the Big Fossil Watershed Policy Committee; parties which provide funding support will have voting representatives, while others will be ex-officio non-voting. Task Force(s) may be appointed by the Big Fossil Watershed Policy Committee as appropriate to provide advice and assistance; a 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, public interest groups, and other stakeholders from the watershed. The Big Fossil Watershed Technical Committee will be a task force under this administrative and policy structure. NCTCOG will be the administrative agent under this Agreement; NCTCOG will submit a coordinated work program and budget for Big Fossil Watershed Policy Committee approval; unless modified by the Big Fossil Watershed Policy Committee, each city will contribute it's pro- rata share for NCTCOG funding support based on the percentage of its jurisdictional land area within the Big Fossil Creek Watershed. 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 NCTCOG membership. The Big Fossil Watershed Policy Committee may seek funding and approve cooperative planning studies among the parties, with state and federal agencies, and with any other entities to accomplish the purpose of this Agreement. The Planning Study Cost Sharing Agreement will be negotiated with the Corps of Engineers, approved by the Big Fossil Watershed Policy Committee and the Trinity River Steering Committee, and executed by NCTCOG as the administrative agent; Big Fossil Watershed Policy Committee will approve the method for calculating and obtaining the local funding and/or in-kind shares for any of these applications. The Planning Study developed by the Corps of Engineers and Big Fossil Watershed Policy Committee is expected to identify elements common to the parties that would need to be jointly cost-shared for implementation through amendment and extension of this Agreement, and separable elements that would need to be cost-shared only by the affected parties. Funding applications and/or agreements for the implementation of each separate element will be developed, executed and cost-shared by the appropriate city, county or special district or combination thereof. In accordance with the Interlocal Cooperation Act, the parties will make payment for services rendered under this Agreement from available current revenues. Page 5 ARTICLE 4. - ADDITIONAL PARTIES Additional political subdivisions in or near the Big Fossil Creek Watershed may become parties to this Agreement by first obtaining endorsement by the Big Fossil Watershed Policy Committee and the Trinity River Steering Committee, approving the terms and conditions of this Agreement, providing pro-rata funding support for NCTCOG and planning studies if it wishes to have a voting member of the Big Fossil Watershed Policy Committee, and affixing hereto the signature of its authorized representative indicating the date of approval of this Agreement by said entity. ARTICLE 5. - RENEWAL AND AMENDMENTS This Agreement will be effective for one year from the effective date of the 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 Big Fossil Watershed Policy Committee of such action in writing at least 60 days before its intended withdrawal date. Amendments may be made to this Agreement upon the approval of the governing bodies of all parties. ARTICLE 6. - SEPARABILITY CLAUSE If any provision in this Agreement of any application hereof shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions and the applications shall not in any way be effected or impaired thereby. ARTICLE 7. - GOVERNING LAW This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. IN WITNESS WHEREOF, 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 and year noted below. (Signature) (Signature) (Typed Name) (Typed Name) (Title) (Title) (Local Government Participant) North Central Texas Council of Governments Date: Date: Page 6