Res 2004-024 - Laserfiche WebLink

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224. Sessom Creek Diversion Project Agreement This agreement, dated February 9 ,2004, is between Texas State University-San Marcos (Texas State) and the City of San Marcos (City). 1.01. 1. Background Part of Texas State's campus borders on Sessom Drive and University Drive in the City of San Marcos. Sessom Creek runs through this property near the former federal fish hatchery ponds that are now part of Texas State's campus. This property is near the San Marcos River and Sessom Creek flows into the river a short distance from Texas State's campus. 1.02. Sessom Creek serves as the watershed channel for a large residential and commercial section of the northwest quadrant of the City. The northern portion of Texas State's campus is also in this watershed. 1.03. At times of heavy rainfall, the creek carries sediment into the San Marcos River. Development in this quadrant of the city has caused a sandbar to form in the river near the point where Sessom Creek flows into the river. Both the City and Texas State are interested in removing this sandbar and reducing the potential of its recurrence in the future. 1.04. Engineering studies have shown that water and sediment from Sessom Creek during heavy rainfalls could be diverted into the nearby water pond, allowing the sediment to settle into the pond's basin. The creek's water would then continue its flow into the river with an 80% to 95% reduction in coarse sediment load. 1.05. The purpose of this agreement is to set forth the terms under which the parties will cooperate to divert Sessom Creek into the water pond, allowing the sediment to settle, and then permitting the water to flow out of the pond and into the river. The parties will refer to this project as the Sessom Creek Diversion Project (Project). 2. Agreement 2.01. Texas State will bid, contract, and manage the construction Project described in section 1.05. However, Texas State is not obligated to proceed with the Project until it receives approval for the Project from the United States Fish and Wildlife Service (USFWS). This Project does not involve removing the sandbar from the river, although the Project is a prerequisite to the sandbar's removal. 2.02. The parties anticipate that the Project will cost approximately $250,000 and that USFWS will pay for approximately $50,000 of this amount. The parties agree that they will split evenly the remaining cost of the Project after deducting USFWS's payment. Texas State will send the City invoices for expenses incurred and the City will pay its share of the Project within 30 days of receipt of these invoices. 2.03. The parties anticipate that the Project will begin in early 2004 and will be complete by August 31, 2004. 2.04. Texas State has determined that this Project serves a public purpose in improving its property helping it achieve its mission of providing service to the community. 2.05 Texas State agrees to maintain the water pond. Texas State agrees to perform periodic (at least annual) sedimentation inspection and analysis of the water pond, and -1-