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File #: 14-161   
Type: Misc - Interlocal Agreement
In control: City Council A Session
On agenda: 3/13/2014
Posting Language: An Ordinance authorizing the execution of the Second Amended Interlocal Agreement between The City of San Antonio and Bexar County to amend the County's terms and conditions for regional flood control projects within the city limits of San Antonio as part of the Bexar County Flood Control Capital Improvement Program. [Peter Zanoni, Deputy City Manager; Mike Frisbie, Director, Transportation and Capital Improvements]
Attachments: 1. Project-List_11-26-13(14-161), 2. FLOOD_CIP_Project_Map, 3. 2nd Amended ILA with Bexar County, 4. Draft Ordinance, 5. Ordinance 2014-03-13-0155
DEPARTMENT: Transportation and Capital Improvements      
 
 
DEPARTMENT HEAD: Mike Frisbie
      
      
COUNCIL DISTRICTS IMPACTED: City Wide
 
 
SUBJECT:
 
Second Amended Interlocal Agreement with Bexar County for regional flood control projects within the city limits of San Antonio as part of the Bexar County Flood Control CIP.
 
SUMMARY:
 
An ordinance authorizing the City Manager or her designee to execute the second amendment to the Interlocal Agreement (ILA), previously approved on June 21, 2012 by Ordinance 2012-06-21-0474 with Bexar County, for regional flood control projects within the city limits of San Antonio as part of the Bexar County Flood Control CIP.
 
BACKGROUND INFORMATION:
 
As a result of a severe flood in 1998, Bexar County Commissioners Court and the San Antonio City Council created a Countywide Citizens Watershed Master Plan Committee to review and prioritize flood control projects in the Cibolo Creek, Leon Creek, Salado Creek, Medina Creek, and San Antonio River watersheds.  In 2007, the Bexar County Commissioners Court established the Bexar County Flood Control CIP to manage the design and construction of these regional flood control projects.  Approximately $500 million will be spent on regional flood control projects by Bexar County, both inside and outside the city limits of San Antonio.  
 
On January 15, 2009 the original ILA was approved by City Council, Ordinance 2009-01-15-0029, to establish the terms and conditions for 18 regional flood control projects within the city limits of San Antonio to be managed and constructed by Bexar County.  On June 21, 2012, Council approved the First Amended ILA, Ordinance 2012-06-21-0474, which added 24 new regional flood control projects not included in the original 2009 ILA.
 
 
 
ISSUE:
 
This ordinance approves the second amendment to the original ILA with Bexar County approved in 2009.  The first amendment to the original ILA was approved in 2012.  The amended agreement modifies the terms and conditions for regional flood control projects within the city limits of San Antonio as part of the Bexar County Flood Control CIP.   Approval of this ordinance will be a continuation of City Council policy to collaborate with other governmental agencies in supporting the City's commitment to maintaining and improving existing infrastructure.
The Second Amended ILA will add 10 new regional flood control projects to be managed and constructed by Bexar County, as well as clarify Bexar County's responsibility of construction site maintenance through the warranty periods for each project. The amendment also includes adding a role of the City for management associated with special permits needed, such as the United States Army Corps of Engineers (USACE), Texas Commission on Environmental Quality (TCEQ), or other Federal/State regulatory agencies.
 
1.      Huebner Creek Enhanced Conveyance Natural Water Way Channel Letter Of Map Revision
2.      North Verde Road Low Water Crossing
3.      Helotes Creek Regional Storm Water Facility
4.      Elmedorf Lake Improvements
5.      Sixmile Creek Channel and Bridge
6.      St. Mary's University Drainage Improvements
7.      Woodlawn at 36th Street Drainage
8.      Upper Woodlawn Drainage Improvements
9.      Mid-Beitel Channel Restoration Phase II
10.      Salado Creek at Ira Lee
 
ALTERNATIVES:
 
An alternative to not approving the second amendment to the ILA with Bexar County may require that the City provide funding and project management during the design and construction phases of the regional flood control projects.  At this time, the City has not identified any resources for the design and construction of these projects.  In addition, if the project list is not updated, Bexar County will not be able to construct any additional regional flood control projects within the city limits of San Antonio.
 
The Transportation and Capital Improvements Department (TCI) has determined that the best option is to enter into this Second Amended ILA with Bexar County.  Bexar County will provide funding, project management, and construction, while the City will provide maintenance and repair upon completion and acceptance of the projects.  If this action is not approved, the City will not be in a position to take advantage of the opportunity to collaborate with Bexar County on these projects.
 
FISCAL IMPACT:
 
Upon completion of these projects by the Bexar County Flood Control CIP, TCI will be responsible for the on-going maintenance of the infrastructure improvements.  Currently, TCI is maintaining the existing infrastructure at the locations where the projects propose to mitigate flooding by constructing new improvements. The maintenance and repair of the projects will be funded through the Storm Water Operating Fund and will be included in future TCI annual maintenance budgets.
 
 
RECOMMENDATION:
 
Staff recommends approval authorizing the City Manager or her designee execute this Second Amended ILA with Bexar County to amend the terms and conditions for regional flood control projects within the city limits of San Antonio as part of the Bexar County Flood Control CIP.