File #: RES 22-33    Version: 1 Name: IGA 22-07 Hogenes Farms Homeowners Association Floodplain and CLOMR Maintenance Agreement
Type: Resolution Status: Passed
File created: 5/23/2022 In control: City Council Regular Meeting
On agenda: 6/7/2022 Final action: 6/7/2022
Title: A Resolution of the Mayor and City Council of the City of Maricopa, Arizona, approving the Intergovernmental Agreement between Pinal County Flood Control District and the City of Maricopa for the maintenance of flood control improvements in Hogenes Farms. Discussion and Action.
Sponsors: Benjamin Bitter
Attachments: 1. Resolution, 2. Intergovernmental Agreement, 3. Maintenance Agreement

TITLE

A Resolution of the Mayor and City Council of the City of Maricopa, Arizona, approving the Intergovernmental Agreement between Pinal County Flood Control District and the City of Maricopa for the maintenance of flood control improvements in Hogenes Farms.  Discussion and Action. 

 

 

AGENDA ITEM DESCRIPTION

The Hogenes Farms Homeowners Association has designed and engineered a flood control solution that has been submitted for a Conditional Letter of Map Revision (“Hogenes Farms CLOMR”) from the Federal Emergency Management Agency (“FEMA”) to remove the property from the Floodplain.  In order to remove the property from the Floodplain, Owner shall secure approval of flood mitigation plans by FEMA which will result in the issuance of the Hogenes Farms CLOMR.  The Hogenes Farms CLOMR will require the construction of certain flood mitigation structures (the “Flood Control Structures”) within the boundaries of the property, and upon completion of the Flood Control Structures, Owner will request that FEMA issue a Letter of Map Revision (“LOMR”) confirming removal from the Floodplain. 

 

The purpose of this IGA is to define the responsibilities of the City of Maricopa and Pinal County, concerning implementation of their agreement to jointly serve as the Qualified Jurisdictions. It is the intention of the Parties that because of its proximity to the Hogenes Farms development, the City of Maricopa shall perform the inspections and any maintenance required pursuant to the terms of the agreement. The City of Maricopa, The Hogenes Farms Homeowners Association have executed the Maintenance Agreement that defines the responsibilities for the developer.  The primary obligation and responsibility for inspecting, maintaining, repairing and ensuring the Flood Control Structures has been delegated to The Hogenes Farms Homeowners Association.  The City of Maricopa shall perform annual inspection of the flood control structures, but shall otherwise have no responsibilities under this agreement unless the HOA fails to meet its obligations.

 

The Maintenance Agreement details the Operations and Maintenance plan. The homeowners association will be responsible for all regular maintenance and inspections on the flood control structures, through a qualified third party.

 

This item will be presented by City Engineer Eduardo Raudales P.E.

 

 

STAFF RECOMMENDATION

 

Staff recommends that the Mayor and City Council approve the Intergovernmental Agreement between the City of Maricopa and Pinal County to define their responsibilities concerning implementation of their agreement to jointly serve as the Qualified Jurisdictions with regard to The Hogenes Farms Home Owners Association.