2018R007A LIBW ADMS-P AMENDMENT.PDF

Resolution FCD 2018R007 
 
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When Recorded Return to: 
Contracts Branch 
Flood Control District of Maricopa County 
2801 West Durango Street 
Phoenix, AZ 85009-6399 
 
 
 
 
RESOLUTION FCD 2018R007A 
 
AMENDMENT TO 
 
RESOLUTION FCD 2018R007 
 
Lower Indian Bend Wash Area Drainage Master Study/Plan  
 
 
Agenda Item: C-69-18-036-6-01 
 
 
WHEREAS, The Flood Control District of Maricopa County (District) was established in 
accordance with provisions of Arizona Revised Statutes Title 48, Chapter 21, which authorizes the Board 
of Directors of the Flood Control District of Maricopa County (Board) to acquire by eminent domain, 
purchase, donation, dedication, exchange or other lawful means rights-of-way for and construct, operate 
and maintain flood control works and storm drainage facilities within or without the District for the benefit 
of the District, to contract and join with the State of Arizona, the United States or any other flood control 
district or floodplain board, municipality, political subdivision, governmental agency, irrigation or 
agricultural improvement district, association, corporation or individual in acquiring, constructing, 
maintaining and operating flood control works, and regulating floodplains; and, 
 
 
WHEREAS, the City of Scottsdale (City), requested that the District conduct an Area Drainage 
Master Study to identify drainage issues within the downtown Scottsdale area; and,  
 
WHEREAS, the District in cooperation with the City conducted the Lower Indian Bend Wash 
(LIBW) Area Drainage Master Study/Plan that covered Cities of Scottsdale, Temp, Phoenix (Cities), and 
Town of Paradise Valley (Town), and identified existing drainage and flooding problems in the Study area; 
and, 
 
WHEREAS, the LIBW study area is fully urbanized but lacks adequate drainage facilities in 
portions of the Cities and Town to address drainage issues; and,  
 
WHEREAS, the LIBW Area Drainage Master Study/Plan (Plan) identified recommended flooding 
mitigation plans with structural elements as shown in Exhibit B; which may be refined and modified as the 
project designs evolve; and, 
 
WHEREAS, the District in cooperation with the Cities and Town will work to implement as 
appropriate the updated recommended drainage features identified in the LIBW Area Drainage Master 
Study/Plan, subject to funding, priorities, and future authorizations.

Resolution FCD 2018R007 
 
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WHEREAS, the Town conducted additional analysis to update the Plan using information from 
the LIBW ADMS/P.  The Updated Plan will add a storm drain along Mockingbird Lane from 56th Street 
to Invergordon Road that will connect to a storm drain along Invergordon Road that outfalls into Indian 
Bend Wash, this Invergordon storm drain being an element of the original Plan; and,  
 
WHEREAS, the Updated Plan has been planned and will be designed to meet the recurrence 
interval of the 10-year flood as determined by generally applied technical data and methodology in use at 
the time of LIBW Study. 
 
WHEREAS, this Resolution 2018R007A amends the original Resolution 2018R007, adopted by 
the Board on May 23rd, 2018; and, 
 
NOW, THEREFORE, BE IT RESOLVED that the Board adopts the LIBW Area Drainage 
Master Study/Plan including the Update Plan by the Town as the basis for mitigating flooding within the 
identified watershed area; and, 
  
BE IT FURTHER RESOLVED that the Board authorizes and directs the Director to negotiate 
and prepare Intergovernmental Agreements with the Cities of Scottsdale, Phoenix, Tempe and Town of 
Paradise Valley, as appropriate, for right-of-way acquisition, utility relocation, design, construction, 
construction management and future operation and maintenance including appropriate participation in 
landscape and multi-use improvements for the drainage features of the LIBW Area Drainage Master 
Study/Plan and the Updated Plan, subject to the ratification or approval of this Board; and, 
 
BE IT FURTHER RESOLVED that the Director is hereby authorized and directed to negotiate 
with landowners and/or appropriate agencies to obtain the necessary rights-of-entry, fee property and/or 
easements and all other necessary land rights and hire, retain or otherwise utilize the professional services 
of the County Attorney’s office or private counsel to initiate and prosecute actions and proceedings in the 
manner required by law to condemn any and all rights-of-entry, property, and/or easements required for the 
implementation of the LIBW Area Drainage Master Study/Plan and the Updated Plan which cannot be 
obtained by donation or purchase within the following sections: 
 
Township 3 North, Range 4 East, Sections, 33,34,35; 
Township 2 North, Range 4 East, Sections, 3,4,9,10,11,13,14,15,16,22,24,26,27,28,33,34, 35, 36; 
and,  
Township 1 North, Range 4 East, Sections 2,3,10,11,14 
 
 
BE IT FURTHER RESOLVED that the Director of the District is authorized and directed to 
include funds in the District’s current and future Five-Year Capital Improvement Program for rights-of-
way acquisition, design, and construction of the drainage features recommended by the LIBW Area 
Drainage Master Study/Plan, and Updated Plan subject to prioritization by the District and approval by this 
Board; and, 
 
BE IT FURTHER RESOLVED that the Director of the District is authorized and directed to 
advertise, select, negotiate and award contracts for engineering and construction services for 
implementation of the drainage features recommended by the LIBW Area Drainage Master Study/Plan and 
the Updated Plan,  subject to the ratification or approval of this Board.

Resolution FCD 2018R007 
 
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Dated this ______ day of ___________, 2022 
 
 
_________________________________ 
Chairman, Board of Directors 
 
ATTEST: 
 
_________________________________ 
Clerk of the Board