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2011-R-49 - San Antonio River Authority Memo of UnderstandingRESOLUTION NO. 11-R-49 A RESOLUTION SY THE CITY COTINCTL OF TI~IE CITY OF SCHERTZ, T>CXAS AUTHORIZING A .MEMORANDUM OF UNDERSTANDING 'WITH T>FIE SAN ANTONIO RIVER AUTHORITY, AND OTHER MATTERS ><N CONN.CCTION THEREWITH WHEREAS, the City staff o£ the City of Schertz (the "City") has recommended that the City enter into a mcmoxandum of understanding with the San Antonio River Authority relating to the designation of the San Antonio River Authority as an authorized Letter of Map Revisions Delega#ion for the Federal Emergency Management Agency; and 1~VHEREAS, the City Council has determined that it is in the best interest of the City to contract with the San Antonio River Authority pursuant to the Memorandum of Understanding attached hereto as Exhibit A (the "Agreement"). BE IT RESOLVED B'Y THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section L The City Council hereby authorizes the City Manager to execute and deliver the Agreement with the San Antonio River Authority in substantially the fornrl set forth on Exhibit A, Section 2. 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 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 4. This Resolution shall 6e construed and enforced in accordance with the laws of the State of Texas and the Uni#ed States of America. Section 5. 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 Resolutian would have been enacted without such invalid provision. Section 6. 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, Texas Government Code, as amended, Section 7. This Resolution shall be in farce and effect from and after its final passage, and it is so resolved. 50449334.1 PASSED AND ADOPTED, this 25th day of October, 2011, CITY OF CHERTZ, TEXAS G~~~*-~ ayor ATTEST: City Secretary (CITY SEAL) 50449339. I 1'~XFII BIT A MI'1MORANDUM OT UN.QERSTANDING 50449339.1 ~-1 r-~ ~ ~. THE STATE OF TEXAS § COUNTY OF BEXAR § MEMORANDUM OF UNDERSTANDING THIS MEMORAN©UM OF UNDERSTANDING IS MADE and entered into by and between the San Antanto River Authority, a body corporate and polific under the laws of the State of Texas, hereinafter called "District," and the City of Schertz, a municipal corporation under fhe laws of the State of Texas., hereinafter called "City" WITNESSETH: WHEREAS, the National Flood Insurance Program (NFIP), established by the National Flood Insurance Act of 'i 958, has several purposes, the most significant being • To better indemnify individuals from losses through the availability of flood insurance; • To reduce future flood damages through community floodplain management regulations; and • To reduce costs for disaster assistance and flood control; and WHEREAS, fhe NFIP is a program of the Federal Emergency Management Agency (FEMA}, a division of the United States Department of Homeland Security; and WHEREAS, FEMA invokes certain requirements of communities who participate in the NFIP as a condition of participation; and WHEREAS, fhe NFIP requires each participating community to designate a Floodplain Administrator to ensure proper enforcement of required floodplain management provisions; and WHEREAS, the City is a parlicipafing community In the NFIP; and WHEREAS, the Clty has and will maintain their role as fhe designated Floodplain Administrator whose responsibilities include: • Ensuring that new development is in accordance with the provisions of the NFIP • Reviewing and approving requests for Letter of Map Revisions (LOMR), Conditional Letters of Map Revisions (CL.OMR), requests for Physical Map Revisions (PMR), Leiter of Map Amendments (COMA), and other map change requests; and forwarding these requesfs to FEMA; and WHEREAS, the District has entered info a Cooperating Technical Partnership (CTP) Agreement with FEMA; and WHEREAS, as part of the CTP Agreement, the District and FEMA completed the updates of the Digital Flood Insurance Rate Maps (DFIRMs) dated September 2S, 2D10, for Bexar Coun#y and Incorporated Areas, along with new base data and computer models used fo create the DFIRMs; and WHEREAS, the effective base data and models are subject to revisions by the District and subsequent FEMA approval as a part of periodic watershed-wide update; and WHEREAS, the District provides the base data and computer models to support City of Schertz Capital Improvement Program to reduce flood damages in City of Schertz and WHEREAS, the City must utilize the DF{RMs, the supporting data, and computer models in their role as Floodplain Administrator; and WHEREAS, the District has technical experllse that may provide support to the City in fhe review of requests for CLOMRs, LOMRs, and PMRs; and WHEREAS; the District is seeking fhe LOMR Delegation role from FEMA and, if granted, will review, make decisions, and provide thane recommendations fo FEMA on a!I CLOMRILOMR submissions; and WHEREAS, it is the mutual benefit of the District and the City, as the Floodplain Administrator, to maintain the integrity of the DF{RMs, the supporting data, and computer models on a continual basis; and WHEREAS, the District has executed a Mapping Activity Statement as part of the CTP Agreement and has developed a Digital Data Management Repository (D2MR) allowing the District to mainialn and distribute effec#ive supporting data and computer models fa the local community; and WHEREAS, if is to the mutual benefit of the District and fhe City to en#er into and to effectuate the terms and conditions of #his MOU, 2 UNDERSTANDING NOW, THEREFORE, The District and the City, in consideration of the mutual covenants and agreements herein contained, do hereby have a mutual understanding as follows: ARTICLE I SERVICES TO BE PRO EV DI D BY THE DISTRICT 9. Provide San Antonio River Basin Regional Modeling Standards for Hydrology and Hydraulic Modeling (Modeling Standards) io be used for all requests for CLOMRs, LOMRs, and PMRs in Bexar County, including those within the City. 2. Maintain current and effective hydrologic and hydraulic modals, along -with supporting data, for the watersheds and studied streams in Bexar County, including those within the Clty. This includes updating the effective modal set to fnciude changes necessitated by FEMA issued LOMRs and PMRs. 3. Provide and maintain a website where interested parties can request copies of computer models and supporting data, and provide these computer models and supporting data to the requestor in a timely fashion. 4. Maintain a GIS based dataset of ongoing activity, and further coordination by informing affecfed parties of potential conflict due to concurrent activity. 5. Provide timely review and comment an all requests for CLOMRs, LOMRs, and PMRs -specifically to ensure that the request is in conformance with the Modeling 5fandards. 6. Provide timely technical review on behalf of the City at the request of the City, in the review and consideration of requests for C~.OMRs, LOMRs, and PMRs. ARTICLE It SERVICES TO BE PROVIDED BY THE CITY 'f . Require all requests for CLOMR, LOMB, and PMR within the City adhere to the Modeling Standards, including the obtaining and submittal of effective base data and models through the D2MR System. 2. Provide a copy of al[ requests for CLOMR, LOMR, and PMR within the Clty to the District for review and comment prior to submit to FEMA. 3. Provide the District with copies of all revisions to the requests for CLOMRs, LOMRs, and PMRs necessitated as part of the FEMA review, along with a copy of all correspondence between FEMA and the Ci#y rela#ed to the request. ARTrcLE rll NOTICES Ali notices and communications under this MOU shall be mailed by certified mail, return receipt requested, or delivered to District at the following address: San Antonio River Authority ~ 00 E, Guenther San Antonio, Texas 78204 Attention: Manager, Watershed Management All notices and communicatlons under this MOU shall be mailed by certified mail, return receipt requested, or delivered to the City at the fioifowing address: City of Schertz 1400 Schertz Pkwy. Schertz, Tx. 7$154 Aftn: James E. Hooks ARTICLE IV FUNDING It Is expressly understand and agreed by fhe parties, such understanding and agreement being of the essence to this MOU, that the District has not appropriated funds hereunder to fulfrll any obligation created by the terms of this Memorandum ofi Understanding; that certain expenditures by the District hereunder may be funded under one or mare agreements between fhe District and third parties; and that the District may, but shall not be obligated to, from time to time budget and appropriate additional funds to fulfill any obligation created hereunder. In the event the District shall fail or refuse to appropriate or expend funds necessary to perform any obligation hereunder, the sole remedy of fhe City shall be to #erminate this MOU; provided further, however, that before terminating this MOU for such failure or refusal, fhe City shall first notify the District in writing of its intent to terminate and give the District not less than (30) days io remedy such deficiency, and thereafter only terminate the Memorandum of Understanding in the event the Dis#rict fails or refuses to remedy the deficiency, ARTICLE V MEMORANDUM PERIOD This Memorandum of Understanding becomes effective when fully executed by all parties and w11I terminate as provided for herein. 4 ARTICLE Vi TERMINATION This Memorandum of Understanding may be terminated upon thirty (30) days prior written notice by either party. ARTICLE Vil MODIFICATIONS This instrument contains the entire understanding between the parties relating to the rights herein granted and the obligations herein assumed. Any modiFicatian concerning this instrument wili be of no force ar effect, except a subsequent modiFication in writing signed by all parties hereto, iN TESTIMONY OF WHICH, this Memorandum of Understanding has been executed SAN ANTONIO RIVER AUTHORITY BY: uza a Scott General Manager CITY O~ SGH TZ ~~~~~ By: Hal Baldwin Mayor 6