159286--0 - NORTH 20TH ST - IGA.PDF
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159286--0 Intergovernmental Agreement for the Design, Rights-of-Way Acquisition, Utility Relocations, Construction, Construction Management and Operation and Maintenance of the North 20th Street at Lookout Mountain Park Drainage Mitigation Project between the City of Phoenix and the Flood Control District of Maricopa County -- IGA FCD 2023A006 Agenda Item _________ _ This Intergovernmental Agreement (this "Agreement") is entered into by and between the Flood Control District of Maricopa County, a political subdivision of the State of Arizona, acting by and through its Board of Directors (the "DISTRICT"), and the City of Phoenix, a municipal corporation, acting by and through its Mayor and CI1Y Council, (the "CI1Y"). The CI1Y and the DISTRICT are collectively referred to as the PROJECT PARTNERS and as a PROJECT PARTNER. This Agreement shall become effective as of the date it has been executed by all PROJECT PARTNERS. STATUTORY AUTHORIZATION 1. The DISTRICT is empowered by Arizona Revised Statutes (A.R.S.) § 48-3603, as revised, to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the DISTRICT. 2. The CI1Y is empowered by A.R.S. § 9-240(B) and A.RS. § 11-952, as amended, to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the CI1Y. BACKGROUND 3. On October 19, 2022, the Board of Directors of the DISTRICT (the Board) adopted Resolution FCD 2022R003 (C-69-23-013-X-OO) authorizing the DISTRICT to cost-share in projects recommended tmder the DISTRICT's Small Project Assistance Program. 4. Under the DISTRICT's Small Project Assistance Program for Fiscal Year 2024, the CI1Y proposed the North 20th Street at Lookout Mountain Park Drainage Mitigation Project (the ''PROJECT") to provide the following benefits: 4.1 Reduce the flood hazard to a property that has experienced historic flooding. IGA FCD 2023A006 PCN 699.24.36 PAGE I OF9 IGA FCD 2023A006 PCN 699.24.36 PAGE 7 OF 9 FLOOD CONTROL DISTRICT OF MARICOPA COUNTY A Political Subdivision of the State of Arizona Recommended by: Chief Engineer and General Manager Date Approved and Accepted: By: Chairman, Board of Directors Date Attest: By: Clerk of the Board Date The foregoing Intergovernmental Agreement FCD 2023A006 has been reviewed pursuant to A.R.S. Section 11-952, as amended, by the undersigned General Counsel, who has determined that it is in proper form and within the powers and authority granted to the Flood Control District of Maricopa County under the laws of the State of Arizona. General Counsel Date