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RE 06-26-90.1 A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. 062690.1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS THAT: SECTION I. THAT the City Council hereby approves the attached interlocal agreement with the North Central texas Council of Governments (NCTCOG) which designates NCTCOG as the Administrative agent for 9 area cities in order to received funds and enter into a feasibility study with the Corps of Engineers concerning the Trinity River Corridor and the Mayor is authorized to execute said agreement. SECTION II. THAT this resolution shall take affect from and after its final data of passage, and it is accordingly so ordered. PASSED AND APPROVED BY T~HE CITY COUNCIL O~HE CITY OF COPPELL, TEXAS ON THIS THE 26 DAY OF JUNE, 1990. ATTEST: D~ City Sec~retary MARK WOLFE, M~6r APPROVED AS TO FORM: LAWRENCE JACKS~/Sity Attorney RESOLUTION/INTERLOCAL AGREEMENT RES.MSD ~ I~ THE STATE OF TEX~S THE COUNTY OF TARRANT TRINITY RIVER CORRIDOR INTERLOCAL AGREEMENT IN PERSUIT OF A COMMON VISION THIS INT~LOCAL Agreement ("Agreement") effective Jan,~ary 1, 1990 is entered into between the cities of Arlington, Carrollton, Coppell, Dallas, Farmer~ Branch, Fort Worth, Grand Prairie, Irving and/or Lewisville, municipal corporations duly incorporated under the Constitution and laws of the Stat~ of Texas acting by and through their respective city Councils; the North Central Texas Council of Govez~.~_nts ("NCTO3G"), a political subdivision of the State of Texas acting by and through its Executive Board; and other governmentm] entities comsenting hereto, W±'i~_SSETH: 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 constitu~ political subdivisions of the State of Texas are authorized to enter into interlocal contracts and with each other regarding govez~.~ntal functions and services as set forth in the Act; and, WHEREAS, 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 gove£~m~_nte 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 c~unities within the river corridor directly affect each other such that individ~,m] local goals for flood management, transportation, gree_nway, waste management, conservation and development can only be acb_ieved through cooperative manag~nent 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 Co~ssion, Texas Parks and Wildlife Department, Texas Water Development Board and other local, state and federal entities in pursuit of a O3P~4ON VISION for the Trinity River Corridor; and, WHEREAS, the parties to this Agreement understand that entering into this agreement in no way obligates any party to implement any project rec~m~_nded 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 mu~m] covenants herein contained, and subject to the conditions herein set forth, the parties hereto covenant, agree and bind themselves as follows: ARTICLE 1 - DEFINITIONS For purposes of this Agreement: TRINITY RIVER CORRIDDOR - means the bed a~d banks of the river segments f~LL the dams of Lewisville Reservoir, Grapevine l~_~e_rvoir, 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 wntercourses contained within the boundaries of the river flood plain for at least a 100-year flooding event/recurrence interval as designated by the Steering C~,~ittee. UPPER TRINITY RIVER BASIN - means all of the Trinity River w~tershed upstream of the Malloy B~idge Road crossing in southeast Dallas County. CONGRESSIONAL RESOLUTION - means the C~L~Ldttee Resolution adopted on April 22, 1988 by the C~L~ittee on Enviror~nent and Ptlblic Works of the United States Senate that d~rects the U.S. Army Corps of Engineers to conduct a planning study which reviews previ~s reports and mw~_~ reo~Lm~datio~s regarding flood protection, environmental enhanc~ent, water quality, recreation, and other allied purposes in the Upper Trinity River Basin with specific attention on the Dallas-Fort Worth metroplex. RECONNAISSANCE PHASES - means the two phrases of the Corps of Engineers planning studies; the first-phase Reconnaissance Study for the Upper Trinity River Basin bec/an 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 order to proceed to the second-phase Feasibility Study, which is to recommend implemen~mhle solutions to the identified water resources problems. FEASIBILITY COST SHARING AGREEMENT ("FCSA") - 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 Feasibility Phase sponsor to share the cost of conducting the Feasibility Study as outlined in a detailed Scope of Studies ("SOS"). 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 Cu,~dttee. LOCAL COOPERATION AGREEMENT ("LCA") - means the agreement negotiated and executed between the Department of the Alnny and the local project sponsor(s) for implementation of each specific project recu~m~_nded in a co~leted Feasibility Study. FLOOD PROTECTION PLANNINT - means the process of developing the means of providing protection f~om flooding through structu/-al and nonstructur~_l measures, with cost-share funding available to political subdivisions frc~ the research and planning fund of the Texas Water Development Board. 2 ARTICLE 2. - lmgRlgiLCE OF ~ The purpose of this Agreement is to accomplish the following objectives: o reduce flooding risks and provide environmental enhancements with/n the Trinity River corridor 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. o provide an administrative structure through this Agreement for NClXIX] to execute a Feasibility Cost Sharing Agreement with the Corps of Engineers, to obtain cost-sharing funds frcm the Texas Water Development Board for flood protection planning, and establish the mechanism to obtain necessary funding and in-kind services frc~ the other parties to this Agreement. o coordinate with the North Texas Congressional Delegation, the Federal A~m~nistration, State f~gislators and others to accomplish the purposes of t_his Agre~nt. o participate in the Feasibility Phase of the Trinity River studies which, among other tasks: 1) evaluates and rec~m~_nds potential structural and/or ~nstructural solutions for flood p~utection, envLrorm~ntal enhancement, water quality, recreation, and other allied purposes in the Trinity River Corridor pursuant to the Congressior~] Resolution; 2) develops up-to-date engineering-scale topo~z=phic ~apping, cross-sections, profiles, flood elevations, flood plain delineations and planimetrics on a c~uter geographic information system; and 3) improves the hydrologic and hydraulic cc~uter models for use by the Corps of Engineers in the F~ibility Phase, and for use by the parties, Corps of Engineers and the engineering cu~m%%unity in preparing and reviewing permit applications. o provide the means for cities, counties, and special d~tricts to negotiate Local Cooperation Ax]reement(s) with the Corps of Engineers or others for implementation of specific elements rec~=~_nded during the Feasibility Phase or flood protection plan. o cooperate in pursuit of a CC~{40N VISION for the Trinity River Corridor, including flood management, tl-ansportation, greenway, waste management, conservation, development and other appropriate ele~_nts. 3 AI~. 3. - AEFd/~L~ AND POLICY ~n43C1T~ 5he administrative and policy structure under this Agreement is as follows: o A Steering Co~L~ttee will provide policy guidance for the cooperative program and make recol~ndations to the governing bodies of the parties; each party to th/s Agreement except NCTCOG will be entitled to appoint one member fr~ its governing body and a designated alternate to the Steering C~=L~ttee; parties which provide funding support will have voting representatives, while others will be ex-officio non-voting; the NCTCOG Executive Board 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 Steering Committee as appropriate to provide advice and assistance; a Regional Task Force will generally consist of senior staff members f~L the participating entities, and may include representatives f£~u other local governments, state agencies, federal agencies, the private sector and public interest w£uups. o NCTCOG will be the administrative agent under this A~z~-nt pursuant to the Act; NCTODG will submit an and,mi coozdinated work prugram and budget for Steering C~m~.~ttee approval; unless modified by the Steering Coa~.~tt~=, each city will contribute its pro-rata shar~ for NCTCIDG fumd~ng 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 Col~=~,{ttee will contribute five percent. o This A~Jreement is recognized as a supplemen~m] level of service, and is not Lntended to duplicate or diminish the products, assistance, representation, or services received by participating entities through N~ membership. o The Steering Committee may seek fur~ng and approve cooperative planning studies among the parties, with state and federal agencies, and with any other entities to accou~lish the purposes of this Agreement. o The Feasibility Cost Sharing Agreement for continuation of the Trinity River s~d~es will be negotiated with the Corps of Engineers, approved by the Steering C~,~ttee and executed by NCTCOG as the administrative agent; the Steering Committee will approve the method for 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 C~m~,~ttee 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 Cu~ttee is expected to identify elements cc~non to the parties that would need to be jointly cost-shared for implementation through amendment and exteru~ion of this Agreement, and separable elements that would need to be cost-shared only by the affected parties. o Funding applications and/or agreements for the implementation of each separable element, including any Local Cooperation Agreement, will be developed, execdted and cost-shared by the appropriate city, county or special district or combination thereof. o In accordance with the Interlocal Cooperation Act, the parties will make payments for services rendered under this Agreement from available current revenues. 4 Additional political subdivisions in or near the Trinity River Corridor may become parties to this A~Jreement by first obtainir~ endorsement by the Steering cun~ttee, approving the terms and conditions of this A~reement, providing pro-rata funding support for NCTCOG and planning studies if it wishes to have a voting member of the Steering Ccmm~ittee, and affixing hereto the signature of its authorized representative indicating the date of approval of this Agreement by said entity. This Agreement will be in effect for one year f~LL the effective date of this Agreement, and will be considered autumatically renewed for each succeeding year. A party may withdraw fzu~L~ this A~reement, through a vote of its governing body, provided it b~ notified the Steering Co~L,~ttee of ~_ch action in writing at least 60 days before its intended withdrawal date. Amer~m~nts 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 ~3reement or any application hereof shall be invalid, illegal or unenforoo~hle, the validity, legality and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. ARTICLE 7 - GOVERNING LAW This Agreement shall be construed in accordanoe 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 belch. (Signature) Mark Wolfe (Typed Name) Maym' (T±tle) City of Coppell (A~enc~) Date: June ZS~ l~q0 5