Res 2013-093/Approving an Interlocal Agreement between Guadalupe Blanco River Authority (GBRA) local participation for Phase II of a US Army Corps of Engineers

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INTERLOCAL AGREEMENT BETWEEN THE GUADALUPE BLANCO RIVER AUTHORITY AND THE CITY OF SAN MARCOS THIS AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act, TEX GOV'T CODE ANN., ch. 791, by and among the Guadalupe Blanco River Authority (GBRA), a body corporate and politic under the laws of the State of Texas, and the City of San Marcos ( "Local Participant "), a body corporate and politic under the laws of the State of Texas. WITNESSETH: WHEREAS, GBRA has applied to the Texas Water Development Board (TWDB) for a grant that will provide 25% funding for Phase II of a U.S. Army Corps of Engineers (USACE) Flood Feasibility Study of the Guadalupe River below Canyon Dam including the Blanco and San Marcos Rivers (the Project); and WHEREAS, GBRA was awarded the grant by the Texas Water Development Board at their regularly scheduled meeting on April 18, 2013; and WHEREAS, GBRA wishes to develop information to improve understanding of regional flooding issues within the Guadalupe River basin and it is beneficial for Local Participant to participate in the Project, and the parties are willing to commit to participating in the Project, as set out herein, provided the grant is finalized; and WHEREAS, GBRA and Local Participant desire to proceed with the Project, subject to the terms and conditions set forth herein; and WHEREAS, the parties understand that entering into this Agreement in no way obligates any of the parties to implement any improvements identified by the Project or recommendations for floodplain management regulations made therein and that whether a party subsequently supports improvements identified by the Project or regulation recommendation made therein and budgets it for implementation depends upon, among other things, the outcome and conclusions of the Project, whether any improvement identified or regulation recommendation is within the legal authority of the party, and the particular budget priorities and limitations of the parties. NOW, THERFORE, for and in consideration of the mutual covenants, agreements, and benefits to the parties herein named, the parties agree as follows: