Title
Salt River Project Right of Way Use License for Arizona Canal, 43rd to 56th Streets (Ordinance S-46180)
Description
Request to authorize the City Manager, or his designee, to enter into a right of way use license with Salt River Project (SRP) for discharge from storm drain facilities into the Arizona Canal. There is no financial impact to the City of Phoenix.
Report
Summary
The right of way use license will allow stormwater runoff collected from the surrounding neighborhoods through the City's storm drain system to outfall into the Arizona Canal at eight locations from 43rd to 56th streets.
Indemnification
The SRP License agreement includes authorization pursuant to Phoenix City Code section 42-20 to indemnify, release and hold harmless SRP for: (A) acts of omissions of the City, its agents, officers, directors or employees, (B) the City's use of occupancy of the licensed property for the purposes contemplated by the license, including but not limited to claims by third parties who are invited or permitted onto the licensed property, either expressed or implied by the City or by nature of the City's improvement or other use of the licensed property pursuant to this license, (C) the City's failure to comply with or fulfill its obligations established by the license or by laws. Per City of Phoenix Code, indemnification of another public entity requires approval from City Council.
Contract Term
The license will begin on Dec. 1, 2019, with a contract term of 25 years.
Financial Impact
There is no financial impact to the City of Phoenix.
Location
Eight locations along the Arizona Canal from 43rd to 56th streets.
Council District: 6
Department
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street Transportation Department.