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F-7. RESOLUTION FOR SADDLEBACK FLOOD RETARDING STRUCTURE MODIFICATIONS PROJECT Adopt Resolution FCD 2009R008 for the Saddleback Flood Retarding Structure (FRS) Modifications Project (PROJECT [#331]). This Resolution authorizes the Chief Engineer and General Manager of the Flood Control District of Maricopa County (District) to negotiate and prepare Intergovernmental Agreements (IGAs) with the Natural Resources Conservation Service (NRCS) and other governmental agencies; procure and award contracts for engineering and construction service, conduct permitting activities, and allocate funds in current and future District Five-Year Capital Improvement Program. The estimated cost of the PROJECT is $3,300,000. Saddleback FRS has experienced the formation of numerous erosion holes and longitudinal cracking along the length of centerline of the dam crest. The issue cannot be addressed by normal maintenance work and has developed into a dam safety issue which is continuing to worsen over time. This requires implementation of structural dam safety corrective measures in the interest of public safety. The District has identified a need to repair/modify the central material zone of the dam known as the central filter and intends to intake the design of this repair/modification in June 2009. The PROJECT will additionally involve erosion hazard mitigation efforts and concrete control sections at roadway crossings. This item impacts Supervisory Districts 4 and 5. (C-69-09-073-6-00)

Vote: continued

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F-2. AMENDMENT TO RESOLUTION FOR SADDLEBACK FLOOD RETARDING STRUCTURE MODIFICATIONS PROJECT Adopt Amendment No. 1 to Resolution FCD 2009R008 for the Saddleback Flood Retarding Structure (FRS) Modifications Project (PROJECT [#331]). This Amendment No. 1 authorizes and directs the Chief Engineer and General Manager of the Flood Control District of Maricopa County (District) to negotiate with landowners and/or appropriate agencies to obtain the necessary rights-of-entry, property and/or easements and all other necessary land rights appropriate for the continued operation and maintenance of the Saddleback FRS and the operation and maintenance of the PROJECT; and to hire and retain legal counsel to initiate and prosecute action and proceedings in the manner required by law to condemn any and all rights-of-entry, easements or property required for the continued operation and maintenance of the Saddleback FRS and the operation and maintenance of the PROJECT which cannot be obtained by donation or purchase. Amendment No. 1 additionally authorizes and directs the Chief Engineer and General Manager of the District to budget funds in the District’s Capital Improvement Program to effect the acquisition of these land rights. This Amendment No. 1 increases the estimated cost of the PROJECT by an estimated $430,000 to a total estimated PROJECT cost of $3,730,000. Saddleback FRS has experienced the formation of numerous erosion holes and longitudinal cracking along the length of centerline of the dam crest. The issue cannot be addressed by normal maintenance work and has developed into a dam safety issue which is continuing to worsen over time. This requires implementation of structural dam safety corrective measures in the interest of public safety. The District has identified a need to repair/modify the central material zone of the dam known as the central filter, to mitigate erosion hazards and to construct concrete control sections at roadway crossings. Subject to Board ratification and approval, the District authorized the negotiation of intergovernmental agreements and contracts for engineering and construction, and the budgeting of Capital Improvement Program funds, for the PROJECT under Resolution FCD 2009R008, dated 17 June 2009 (C-69-09-073-6-00). Under the authority of this Resolution, the District has initiated the design of recommended modifications. In addition to the authorities granted under the original Resolution FCD 2009R008, the continued operations and maintenance of the Saddleback FRS, prior and subsequent to the completion of the PROJECT, will require the District to obtain additional land rights, replacing easement rights due to expire in calendar year 2010. This Agenda Item authorizes the pursuit of those land rights. This Agenda Item impacts Supervisory Districts 4 and 5. (C-69-09-073-6-01)