Title
Salt River Project Property Use License for 27th Avenue and Olney Avenue Storm Drain Project (Ordinance S-45557)
Description
Request to authorize the City Manager, or his designee, to enter into a property use license with Salt River Project (SRP). The license will allow the City access across the Western (Telegraph) Canal for construction and maintenance of two proposed retention basins on the east side of 23rd Avenue north of Olney Avenue. There is no financial impact to the City of Phoenix.
Report
Summary
The City, in partnership with the Flood Control District of Maricopa County (FCDMC) is undertaking the 27th Avenue and Olney Avenue Storm Drain Project to alleviate flooding problems within major washes north of Olney Avenue and east of 27th and 23rd Avenues. Construction and maintenance of two proposed retention basins for the project will require crossing the Western (Telegraph) Canal. The license will allow the City access to the sites.
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 or omissions of the City, its agents, officers, directors or employees; (B) the City's use of occupancy of the licensed property for 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; and (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 the City Council.
Contract Term
Term of the license is not to exceed 25 years (April 2044), once executed.
Financial Impact
There is no financial impact to the City of Phoenix.
Concurrence/Previous Council Action
An Intergovernmental Agreement with the FCDMC for the 27th Avenue and Olney Avenue Storm Drain Project (S-44314) was approved at the March 7, 2018 Formal Council Meeting, and amended by City Council on March 20, 2019 (S-45471).
Acquisition of real property for 27th Avenue and Olney Avenue Storm Drain Project (S-44898) was approved at the July 5, 2018 Formal Council Meeting.
Location
East side of 23rd Avenue north of Olney Avenue.
Council District: 8
Department
Responsible Department
This item is submitted by Deputy City Managers Mario Paniagua and Karen Peters, and the Street Transportation and Public Works departments.