Loading...
2004R05- INTERLOCAL AGREEMENT Resolution 04-A - 8.5'. A RESOLUTION BY THE CITY OF SCHERTZ, TEXAS, AUTHORIZING THE CITY TO ENTER INTO AN INTERLOCAL AGREEMENT TO COORDINATE UNIFORM REGIONAL FLOOD CONTROL, DRAINAGE, AND STORM WATER MANAGEMENT IN BEXAR COUNTY, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Schertz, Texas (the "City"), has been requested to enter into an Interlocal Agreement with the City of San Antonio, Texas ("San Antonio'), Bexar County, Texas (''Bexar County'), and San Antonio River Authority ("SARA"), and several other suburban cities, a copy of which is attached hereto as Exhibit A (the "Agreemenf'), to coordinate uniform regional flood control, drainage, and storm water management in Bexar County (the ''Regional Management Program'); and WHEREAS, the Regional Management Program will be managed by the Management Committee (described in the Agreement), which shall consist of one representative each of San Antonio, Bexar County, and SARA; and WHEREAS, the Committee of Seven (described in the Agreement), which shall consist of two members each of the San Antonio City Council, Bexar County Commissioners Court, and SARA and one representative from the suburban cities (including the City) that execute the Agreement (the "Suburban Cities'), shall provide direction to the Management Committee; and WHEREAS, the City desires to enter into the Agreement solely to (i) promote cooperation among the Committee of Seven, the Management Committee, San Antonio, Bexar County, SARA, and the Suburban Cities in connection with the Regional Management Program and (ii) receive benefits from inclusion and participation in the Regional Management Program; and WHEREAS, the City nnderstands that it will not surrender any of its sovereign powers by entering into the Agreement; and WHEREAS, the City understands that it will have no financial obligation to San Antonio, Bexar County, SARA, the Suburban Cities, or any other party for any project proposed or implemented in connection with the Regional Management Program or any other costs, including any administrative costs, as a result of entering into the Agreement unless otherwise agreed to in writing by the City; and WHEREAS, the City understands that no operational, design, maintenance, financial, or other requirements in connection with the Regional Management Program may be imposed on the City as a result of entering into the Agreement unless otherwise agreed to in writing by the City; and WHEREAS, the City understands that it may withdraw from the Agreement, with or without cause, at any time by giving written notice to the Management Committee; and .. 20093608.1 WHEREAS, Chapter 791 of the Texas Government Code, as amended, authorizes the City to enter into the Agreement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, TIIAT: SECTION 1: The City Council hereby authorizes the City to enter into the Agreement. SECTION 2: The City Council hereby authorizes the City Manager to execute the Agreement on behalf of the City. SECTION 3: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all pwposes and are adopted as a part of the judgment and Imdings of the City Council. SECTION 4: All orders and resolutions, or parts thereof, which are in eonflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 5: This Resolution shall be construed and enforced in accordance with the laws ofthe State of Texas and the United States of America. SECTION 6: If any provision of this Resolution or the application thereof to any person . or circmnstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 7: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 8: This Resolution shall be in force and effect from and after its final passage, and it is so resolved. [The remainder of this page intentionally left blank] 20093608.1 -2- PASSED, ADOPTED AND APPROVED on this the 14th day of April, 2004. CITY OF S TZ, TEXAS Mayor ATTEST: ~c.r~~ (CITY SEAL) 20093608. I S-1 Resolntion 04-~ . 8S A RESOLUTION BY THE CITY OF SCHERTZ, TEXAS, AUTHORIZING THE CITY TO ENTER INTO AN INTERLOCAL AGREEMENT TO COORDINATE UNIFORM REGIONAL FLOOD CONTROL, DRAINAGE, AND STORM WATER MANAGEMENT IN BEXAR COUNTY, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Schertz, Texas (the "City''), has been requested to enter into an InterIocal Agreement with the City of San Antonio, Texas (''San Antonio"), Bexar County, Texas (''Bexar County''), and San Antonio River Authority ("SARA''), and several other suburban cities, a copy of which is attached hereto as Exhibit A (the "Agreement"), to coordinate uniform regional flood control, drainage, and storm water management in Bexar County (the "Regional Management Program''); and WHEREAS, the Regional Management Program will be managed by the Management Committee (described in the Agreement), which shall consist of one representative each of San Antonio, Bexar County, and SARA; and WHEREAS, the Committee of SeVen (described in the Agreement), which shall consist of two members each of the San Antonio City Council, Bexar County Commissioners Court, and SARA and one representative from the suburban cities (including the City) that execute the Agreement (the "Suburban Cities''), shall provide direction to the Management Committee; and WHEREAS, the City desires to enter into the Agreement solely to (i) promote cooperation among the Committee of Seven, the Management Committee, San Antonio, Bexar County, SARA, and the Suburban Cities in connection with the Regional Management Program and (ii) receive benefits from inclusion and participation in the Regional Management Program; and WHEREAS, the City nnderstands that it will not surrender any of its sovereign powers by entering into the Agreement; and WHEREAS, the City understands that it will have no financial obligation to San Antonio, Bexar County, SARA, the Suburban Cities, or any other party for any project proposed or implemented in connection with the Regional Management Program or any other costs, including any administrative costs, as a result of entering into the Agreement unless otherwise agreed to in writing by the City; and WHEREAS, the City understands that no operational, design, maintenance, financial, or other requirements in connection with the Regional Management Program may be imposed on the City as a result of entering into the Agreement unless otherwise agreed to in writing by the City; and WHEREAS, the City understands that it may withdraw from the Agreement, with or without cause, at any time by giving written notice to the Management Committee; and . 20093608.1 WHEREAS, Chapter 791 of the Texas Government Code, as amended, authorizes the City to enter into the Agreement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: SECTION 1: The City Council hereby authorizes the City to enter into the Agreement. SECTION 2: The City Council hereby authorizes the City Manager to execute the Agreement on behalf of the City. SECTION 3: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 4: All orders and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 5: This Resolution shall be construed and enforced in accordance with the laws ofthe State of Texas and the United States of America. SECTION 6: If any provision of this Resolution or the application thereof to any person . or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 7: It is officially found, detennined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 8: This Resolution shall be in force and effect from and after its final passage, and it is so resolved. (The remainder of this page intentionally lift blank) 20093608.1 -2- PASSED, ADOPTED AND APPROVED on this the 14th day of April, 2004. ATTEST: ~o~~) (CITY SEAL) 20093608.1 S-1 Mayor EXHIBIT A STATE OF TEXAS ~ ~ ~ ~ ~ INTERLOCAL AGREEMENT BETWEEN CITY OF SAN ANTONIO, TEXAS BEXAR COUNTY, TEXAS SAN ANTONIO RIVER AUTHORITY SUBURBAN CITY: COUNTY OF BEXAR This Interlocal Agreement is entered into by the CITY OF SAN ANTONIO, TEXAS, a Texas Home Rule Municipality, COUNtY OF BEXAR, a political subdivision of the State of Texas, SAN ANTONIO RIVER AUTHORITY, a Texas conservation and reclamation district, and . a SUBURBAN CITY, as defined herein as an incorporated municipality within Bexar County whose governing board has adopted this Agreement, collectively referred to as the PARTIES. This Interlocal Agreement is entered into by the parties pursuant to the authority granted, and in compliance with, the provisions of the "Interloca1 Cooperation Act", as amended, Texas Government Code, Chapter 791. This Agreement is intended to further the purpose of the Interlocal Cooperation Act, which is to increase the efficiency and effectiveness of local governments. PURPOSE COUNTY, COSA and SARA have entered into an interloca1 agreement for regional flood control, drainage and storm water management, attached as Exhibit "A", which establishes the Regional Management Program. The definitions contained in Exhibit "A" apply to this . agreement. COUNtY, COSA and SARA desire the participation of all governments in Bexar County in the Regional Management Program to achieve uniformity and consistency throughout Bexar County. COUNTY, COSA and SARA support the participation of SUBURBAN CITY in the Regional Management Program. SUBURBAN CITY supports the Regional Management Program and desires to participate in the Regional Management Program to receive the benefits that will come from inclusion in the Regional Management Program. COORDINATION OF REGIONAL PROJECTS COUNTY, COSA and SARA shall coordinate and collaborate on the planning and implementation of Regional Projects that may impact SUBURBAN CITY to integrate that Regional Project with SUBURBAN CITY's programs and plans and to minimize disruption to SUBURBAN CITY's operations. SUBURBAN CITY shall coordinate with the Regional Management Program flood control, drainage and storm water projects planned for implementation within the jurisdictional boundaries of the city that may have an impact beyond its jurisdiction to ensure coordination and collaboration with other activities in the watershed and the region and to coordinate with the development of the Five Year Capital Improvement Plan and the Annual Capital Improvement Plan. The PARTIES will coordinate and discuss the possible need to acquire property by eminent domain for Regional Projects located in whole or in part with SUBURBAN CITY prior to 20093608.1 A-I commencement of any such Regional Project. SUBURBAN CITY shall participate in the annual capital improvement planning process. The annual planning process shall include the development of a Five Year Capital Improvement Plan, which will identify Regional Projects, including project scope, estimated project budgets, propose project funding partners and project implementation schedule, and an Annual Capital Improvement Plan, which will detail the annual budget for Regional Projects scheduled for implementation that year and finalize the funding commitments for each project. The annual capital improvement planning process shall facilitate coordination of Regional Projects located in whole or in part within a SUBURBAN CITY. CAPITAL IMPROVEMENT PROJECTS SUBURBAN CITY will provide the Management Committee with all hydraulic, hydrologic and water quality studies that have been, or will be, performed within its jurisdiction. These studies will be integrated into the water quality and water quantity models described in Exhibit "A" to identify projects and guide the development of the Regional Management Program. SUBURBAN CITY will provide SARA all information and studies regarding existing and future programs and projects of SUBURBAN CITY so that a determination may be made of the effect these programs and projects may have on the Regional Management Program. REPRESENTATION ON COMMITTEES To facilitate coordination of policy and technical expertise, those Suburban Cities that choose to participate in the Regional Management Program and enter into interlocal agreements with the PARTIES shall collectively appoint management and/or technical staff to participate in technical and planning committees. The Management Committee shall notify the participating Suburban Cities as to the number and composition of representatives the Suburban Cities shall have collectively on the technical and planning committees formed to support the Regional Management Program to include the Management Committee. The appointment process and term for representatives of the participating Suburban Cities on the technical and planning committees shall be determined by those Suburban Cities. The Management Committee shall be notified as soon as practical of the names and contact information of the staff and elected representatives appointed to represent the participating Suburban Cities. The appointed staff shall maintain the responsibility for coordinating the activities of the Regional Management Program with and among the participating Suburban Cities. The Management Committee desires to be inclusive in the planning and implementation of the Regional Management Program and shall discuss issues relating to the coordination, planning and implementation of the Regional Management Program with participating Suburban Cities at no less than one (1) Management Committee meeting each month. The Management Committee shall invite the SUBURBAN CITY representative(s) appointed to serve on the Management Committee to attend Management Committee meetings when issues involving participating Suburban Cities are to be contemplated. The Management Committee shall inform the SUBURBAN CITY representative(s) on the Management Committee of the agenda items for each of the Management Committee meetings. 20093608.1 -2- The participating Suburban Cities, collectively, will have one voting member on the Committee of Six. The Suburban Cities' representative shall be from a city that has executed this agreement and has been selected by the Bexar County Council of Cities administered through the Alamo Area Council of Governments. FINANCIAL PARTICIPATION SUBURBAN CITY will identifY annually all funds that may be available to support the implementation 9f Regional Projects identified to provide benefits to SUBURBAN CITY. The availability of these funds will be incorporated into the Financial Model. The PARTIES may work together to determine. an appropriate share of funding required by SUBURBAN CITY to support administration of the Regional Management Pr9gram and identified Regional Projects. SUBURBAN CITY agrees to financially contribute an agreed upon amount on a project by project basis to Regional Projects that benefit SUBURBAN CITY, subject to SUBURBAN CITY'S available resourccs. This financial contribution may be capital funding, right-of-way, maintenance, security, utility service or any comhination, to include in- kind contributions. Funding for administration of the Regioual Management Program may include costs associated with meetings, educatioual and information programs targeting residents within the participating Suburban Cities, and other related costs agreed to by the P ARTffiS. SUBURBAN CITY will develop and fund its own projects and operations and maintenance that are not Regioual Projects and all Local Projects within the jurisdictional boundaries of the SUBURBAN CITY. Nothing in this Agreement is intended to preempt the authority of the SUBURBAN CITY'S governing body. GRANT OPPORTUNITIES The Management Committee will work with the participating Suburban Cities to seek out grant opportunities to support SUBURBAN CITY's component of the Regional Management Program. UNIFORM DESIGN. OPERATIONS AND MAINTENANCE STANDARDS SUBURBAN CITY will work with COUNTY, COSA and SARA in creating the Watershed Master Plan to integrate SUBURBAN CITY in the development of best management practices and standards for project design, operations and maintenance. SUBURBAN CITY agrees to comply with the uniform project design and operations and maintenance standards on flood control and storm water infrastructure, including natural waterways and improved structures within the jurisdiction and responsibility of the SUBURBAN CITY, as agreed to and included as part of the adopted WaterShed Master Plan, subject to the SUBURBAN CITY's available budget resources. 20093608. I -3- EXECUTED IN MULTIPLE ORIGINALS, EACH OF WHICH SHALL HA VB THE FULL FORCE AND EFFECT OF AN ORIGINAL, the _ day of ,2003, CITY OF SAN ANTONIO BY: Title: BEXAR COUNTY BY: Title: SAN ANTONIO RlVERAUTHORITY BY: Title: ::-~~ Title:{34~_ DATE: DATE: DATE: ATTEST: 20093608.1 -4- DATE: IS' ~ f)d~r