Title
Permit, License, Utility, and Land Use Agreement Authorization for Paradise Ridge Flood Control Project (Ordinance S-53248) - District 2
Description
Request to authorize the City Manager, or his designee, to take all action as may be necessary or appropriate and to negotiate and execute all licenses, permits, land use agreements, and requests for utility services relating to the development, design, and construction of the Paradise Ridge Flood Control Project. Such utility services include, but are not limited to: electrical, water, sewer, natural gas, telecommunications, cable television, railroads and other modes of transportation. Further request the City Council to grant an exception pursuant to Phoenix City Code 42-20 to authorize the inclusion in the documents pertaining to this transaction of indemnification and assumption of liability provisions that otherwise should be prohibited by Phoenix City Code 42-18.
Report
Summary
The City of Phoenix is currently engaged in an Intergovernmental Agreement (IGA), City Contract 153516, as amended, with the Flood Control District of Maricopa County (FCDMC) for design and construction of the Paradise Ridge Flood Control Project (Project). The object of the Project is to mitigate the Rawhide Wash alluvial fan flooding hazard west of Scottsdale Road by capturing and conveying the 100-year flow in a new drainage channel and appurtenant structures along the approximate Rawhide Wash alignment, west of Scottsdale Road to the existing culvert system at State Route Loop 101. Pursuant to the IGA, FCDMC is the lead agency on design and construction for the Project, but the improvements constructed pursuant to the Project will ultimately be dedicated to the City of Phoenix for ongoing operations and maintenance. Much of the Project is being constructed on land currently owned by the Arizona State Land Department, with other portions crossing easements and property interests held by other entities. Construction, operation, and maintenance of the Project may require the City to enter into various land use or utility related licenses, permits, and agreements. The requested authorization would allow the City Manager or designee to enter into such agreements as they relate to the Project to ensure expeditious construction and efficient operation and management of the Project.
Financial Impact
This authorization will have no financial impact. The Project budget has been approved by separate Council item and the licenses, permits, and other agreements contemplated by this request are accounted for within the Project budget. Any such agreement that would require a separate appropriation will be brought to Council for separate approval and authorization.
Previous Council Action
The IGA, City Contract 153516, as amended, was previously approved by City Council at the City Council Formal Meeting on March 18, 2020, via Ordinance S-46461.
Location
The northern limit of the Project is at the Scottsdale Road bridge outlet, and the project extends approximately three-and-a-half miles downstream with a southern limit at the impoundment of the U.S. Bureau of Reclamation Dike No. 2 just north of the Central Arizona Project canal.
Council District: 2
Department
Responsible Department
This item is submitted by Deputy City Manager Frank McCune and the City Engineer.