STRATEGIC PRIORITY: Transportation & Infrastructure
AGENDA DATE: December 11, 2024
COUNCIL DISTRICT(S): All
DEPARTMENT: Dallas Water Utilities Department
EXECUTIVE: Dev Rastogi
______________________________________________________________________
SUBJECT
Title
Authorize (1) an increase in the total city direct cost share for the Project Partnership Agreement with the U.S. Army Corps of Engineers to complete design and construction for the Modified Dallas Floodway Project Flood Risk Management Projects, as defined in the Water Resources Development Act of 2007 and the 2015 Record of Decision, including associated interior drainage improvements adjacent to the Dallas Floodway levees, and consistent with the Balanced Vision Plan for the Trinity River Corridor Project; (2) an increase in appropriations in an amount not to exceed $90,090,000 in the Storm Drainage Facilities Fund (2024B Flood Water Revenue Bonds TDWB 40208 Fund); and (3) an increase in appropriations in an amount not to exceed $23,100,000.00 in the FY 2025 TWBD Series 2024B Grant Fund - Not to exceed $113,190,000.00, from $69,015,000.00 to $182,205,000.00 - Financing: Storm Drainage Facilities Fund (2024B Flood Water Revenue Bonds TDWB 40208 Fund) ($90,090,000.00) and FY 2025 TWBD Series 2024B Grant Fund ($23,100,000.00)
Body
BACKGROUND
The U.S Army Corps of Engineers (Corps) has three distinct phases of project work that are required in order to complete the Dallas Floodway Project. The City of Dallas has been coordinating with the Corps to assist in their efforts completing Environmental Impact Statements and other approval processes related to the Balanced Vision Plan and Interior Drainage Plans for the Trinity River, as adopted by City Council. The planning, permitting and approval phases for these projects are complete. The remaining phase for the project is the design and construction phase, which is addressed through the Project Partnership Agreement (PPA). The PPA requires that the City provides the required cost share of 35% for improvements.
The Water Resources Development Act of 2007 authorized the Dallas Floodway Project. This project has completed the regulatory process and a Record of Decision was issued in 2015 authorizing federal cost share projects as well as local cost share projects consistent with the Interior Drainage Plans and Balanced Vision Plan, approved by City Council. The United States Congress passed the Bi-Partisan Budget Bill, Public Law 115-123 (PL 115-123), which included an unprecedented approach to funding all flood risk management projects for the Modified Dallas Floodway Project. This expedites delivery of critical infrastructure that reduces flood risks and protects residents and businesses along the Dallas Floodway Levee System. Included in these improvements are the restoration of the flow of water contained in the Dallas Floodway Levee System at 277,000 cubic feet per second, removal of the Atchison, Topeka & Santa Fe (AT&SF) Railway Bridge, pumps stations and sump improvements including: the Trinity Portland Pump Station, Delta Pump Station Rehabilitation, Charlie Pump Station, Hampton Pump Station and Nobles Branch Sump Improvements.
The City of Dallas entered into a PPA with the Corps for the funded improvements in the PL 115-123. In accordance with the PPA, the amounts shown in the agreement were estimates and subject to adjustment by the Government. In 2022, the certified cost estimate used to budget these improvements was updated per federal engineering regulations to current market conditions and estimated completion dates. The total project costs increased from $222,900,000 to $457,688,050 due in part to inflation, material, equipment, fuel and labor rate chances. On January 5, 2023, the new authorized project cost was approved by the Deputy Commanding General for Civil and Emergency Operations. The City is responsible for a minimum of 35% of total project costs, which includes creditable in-kind contributions and a 5% cash contribution. The City is responsible, at this time, for $160,190,817.50 direct project costs. The remaining project costs will be expended on real estate and relocations necessary for execution of the Dallas Floodway Projects. Future actions will be brought to the City Council for consideration.
If the City does not authorize an increase in the total city direct cost share, the projects will not be completed, and funding will be re-allocated to other Corps flood risk management projects across the United States. The City pursued a grant and zero interest loan from the Texas Water Development Board, Flood Infrastructure Fund to address additional costs associated with delivery of this critical flood infrastructure. The City Council authorized this grant and loan on June 24, 2024.
This unprecedented funding and approach to construction advances the flood risk management by decades and ensures that the City will not be faced with advancing the costs associated at 100% local costs in the future while awaiting traditional Corps’ procedures for financing, design and construction of flood risk management projects. The Corps will undertake these design and construction efforts and City staff will provide support to ensure adherence to local regulations. All work is scheduled to be complete no later than fiscal year 2029-30.
ESTIMATED SCHEDULE OF PROJECT
Began Design May 2019
Completed Design May 2030
PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS)
On January 20, 1990, the City Council authorized an Interlocal Agreement for local participation and cost sharing with the Corps by Resolution No. 90-0225.
On June 12, 1996, the City Council authorized Supplemental Agreement No. 1 with the North Central Texas Council of Governments and City funds for Dallas Floodway and Elm Fork detailed study as part of the Upper Trinity River Feasibility Study, in an amount not to exceed $1,252,500.00, by Resolution No. 96-2007.
On August 25, 1999, the City Council authorized adoption of the Trinity River Corridor Project Master Implementation Plan for recreational amenities and lake design located within the existing Dallas Floodway, and recreational amenities and land acquisitions for the Great Trinity Forest to be located along the Trinity River corridor from the downstream end of the exiting Dallas Floodway to the vicinity of IH-20 in southern Dallas, which supersedes the Trinity Park Development Master Plan by Resolution No. 99-2623.
On December 8, 2003, the City Council authorized acceptance of the “Balanced Vision Plan” for the Trinity River Corridor Project to be included as a supplement to the Master Implementation Plan to guide future planning of the project by Resolution No. 03-3391.
On November 10, 2004, the City Council authorized Supplemental Agreement No. 2 to the Trinity River Corridor Interlocal Agreement with the North Central Texas Council of Governments to continue the ongoing U.S. Army Corps of Engineers study of the Dallas Floodway, in an amount not to exceed; and Supplemental Agreement No. 1 to the contract with Camp Dresser & McKee, Inc. to provide additional lake water quality, hydraulic, and digital terrain modeling for the Dallas Floodway lakes in support of the ongoing U.S. Army Corps of Engineers study of the Dallas Floodway by Resolution No. 04-3165.
On June 10, 2009, the City Council authorized Supplemental Agreement No. 3 to the Interlocal Agreement with the North Central Texas Council of Governments to continue the ongoing U.S. Army Corps of Engineers study of the Dallas Floodway for the Trinity River Corridor Project which increased the City of Dallas' project costs and rescinding the agreement with the U.S. Army Corps of Engineers, previously approved by Council on February 25, 2009, by Resolution No. 09-1500.
The City Council was briefed on US Army Corps of Engineers Periodic Inspection #9 Report Update on June 3, 2009.
The Transportation & Trinity River Corridor Committee was briefed on the Update on Dallas Floodway Environmental Impact Statement on April 28, 2014.
The Transportation & Trinity River Corridor Committee was briefed on the Update on the Dallas Floodway on June 23, 2014.
The Transportation & Trinity River Corridor Committee was briefed on the Update on the Dallas Floodway on August 25, 2014.
On August 12, 2015, the City Council directed reprogramming of 1998 Bond Proposition 11 funds from the remaining Trinity Lakes and Trinity Parkway project funding and not currently encumbered to other flood control projects related to the Trinity River Corridor as approved by the bond election, in an amount not to exceed $47,700,000.00, by Resolution No. 15-1486.
The Transportation & Trinity River Corridor Committee was briefed on the Trinity River Corridor Project, Dallas Floodway and Dallas Floodway Extension Project Update on April 25, 2016.
The Transportation & Trinity River Corridor Committee was briefed on the Dallas Floodway Risk Addendum on August 8, 2016. The Transportation & Trinity River Corridor Committee was briefed on the Update on the Dallas Floodway Risk Addendum on August 15, 2016.
The Mobility Solutions, Infrastructure & Sustainability Committee was briefed on the Update on the Dallas Floodway on February 12, 2016.
On August 9, 2017, the City Council authorized the establishment of the Trinity River Corridor Local Government Corporation (the “Corporation”), for the purpose of the development of recreational areas in the Dallas Floodway (the “Project”); approval of the Corporation’s Certificate of Formation and Bylaws; appointment of the Corporation’s initial Board of Directors; and the City Manager to negotiate and enter into a Master Development and Use Agreement with the Corporation subject to the Term Sheet, by Resolution No. 17-1233.
The Mobility Solutions, Infrastructure & Sustainability Committee was briefed on the Supplemental Appropriation in the Bipartisan Budget Act of 2018 (Public Law 115-123) on April 22, 2019.
On May 8, 2019, the City Council authorized the establishment of the Project Partnership Agreement with the U.S. Army Corps of Engineers to complete design and construction for the Modified Dallas Floodway Project Flood Risk Management Projects, as defined in the Water Resources Development Act of 2007 and the 2015 Record of Decision, including associated interior drainage improvements adjacent to the Dallas Floodway levees, and consistent with the Balanced Vision Plan for the Trinity River Corridor Project by, Resolution No. 19-506.
The Transportation & Infrastructure Committee was briefed on the Update to the Bi-Partisan Budget Act (Public Law 115-123) Dallas Floodway Levee System Update on August 15, 2022.
The Transportation & Infrastructure Committee was briefed on the Update to the Bi-Partisan Budget Act (Public Law 115-123) Dallas Floodway Levee System Update, including project schedules and costs associated with the project delivery on September 18, 2023.
On June 26, 2024, the City Council authorized acceptance of a loan from the Texas Water Development Board for low-cost financial assistance, and a grant from the Texas Water Development Board through the Flood Infrastructure Fund for Texas, by Resolution No. 24-0912.
FISCAL INFORMATION
|
Fund |
FY 2025 |
FY 2026 |
Future Years |
|
Storm Drainage Facilities Fund (2024B Flood Water Revenue Bonds TDWB 40208 Fund) |
$90,090,000.00 |
$0.00 |
$0.00 |
|
FY 2025 TWBD Series 2024B Grant Fund |
$ 23,100,000.00 |
$0.00 |
$0.00 |
|
Total |
$113,190,000.00 |
$0.00 |
$0.00 |
MAP
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