AGENDA CAPTION:
Title
Consider approval of Resolution 2025-72R, approving amendment No. 2 to an Interlocal Cooperation Agreement with Texas State University for Edwards Aquifer Habitat Conservation Plan implementation to increase the amount being paid by the city for river restoration work in the amount of $142,500.00; authorizing the City Manager, or her designee, to execute the restated and amended agreement; and declaring an effective date.
Body
Meeting date: April 15, 2025
Department: Engineering and Capital Improvements
Amount & Source of Funding
Funds Required: $320,500 for CY 2025, $1,522,500 for ILA term (2023-2027)
Account Number: HCP
Funds Available: $320,500
Account Name: Habitat Conservation Program
Fiscal Note:
Prior Council Action: 2023-126R, 2022-148R
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Environmental Protection
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Habitat Conservation Master Plan
Background Information:
The intent of this proposed amendment to an existing Interlocal Agreement (ILA) between Texas State University (TXST) and the City is to increase the budget outlined in the ILA by $142,500 for the term of the ILA (2023-2027) in order to match funding anticipated to be provided through the Edwards Aquifer Habitat Conservation Plan (EAHCP).
An ILA is currently in place between TXST and the City regarding the implementation of the EAHCP within the San Marcos River system. Among other things, the ILA sets forth work activities to be completed by TXST on behalf of the City and TXST to carry out requirements of the EAHCP.
As set forth in the ILA, EAHCP work activities to be conducted by TXST include: 1) Non-Native Aquatic Vegetation Removal, 2) Texas Wild-Rice & Native Aquatic Plant Restoration, 3) Management of Recreation and 4) Management of Floating Aquatic Vegetation Mats within the Upper San Marcos River.
The City’s Habitat Conservation Plan Manager, who represents both TXST and the City on the EAHCP, develops an annual workplan and budget that is considered for approval by the EAHCP Implementing Committee and Edwards Aquifer Authority (EAA) Board of Directors. The workplan includes specific activities and budgets for the completion of all TXST/ City EAHCP work activities including those listed above and implemented by TXST. EAHCP project funding amounts are subject to annual approval by the EAHCP Implementing Committee and EAA Board of Directors.
While EAHCP program budgets are subject to annual approval, it is anticipated that the annual budget for TXST-led EAHCP work activities is $320,500 from 2025-2027. The annual EAHCP budgets for TXST for previous years are $276,000 (2023) and $285,000 (2024).
Below is a breakdown of the annual budgets for individual work activities:
Objective #1 - Non-Native Aquatic Plant Removal $195,500.00
Objective #2 - TWR and Aquatic Vegetation Planting $ 20,000.00
Objective #3 - Management of Recreation $ 65,000.00
Objective #4 - Removal of Floating Vegetation Mats $ 40,000.00
Annual Amount (2025-2027) $320,500.00
All incurred costs to be paid to TXST for the completion of EAHCP work activities are reimbursed to the City by the EAA. A separate agreement (EAHCP Interlocal Contract No. 20-025-TES) is in place between the EAA, TXST and the City regarding program funding and reimbursements.
The annual EAHCP funding amounts for the specific measures listed above are anticipated to remain stable through 2027. Therefore, the total cost of EAHCP-measures to be completed by TXST between 2023 and 2027 is $1,522,500, which is an increase of $142,500 on the $1,380,000 set forth in the existing ILA. The ILA contract between the City and TXST (217-077.R) is currently set up as “On-Call” where annual funding is controlled through Fund Allocation Requests and Purchase Orders based on the actual amount approved annually by the EAHCP Implementing Committee and EAA Board of Directors.
Texas Government Code, Section 791, authorizes the City to participate in interlocal agreements to include this agreement with Texas State University.
Council Committee, Board/Commission Action:
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Alternatives:
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Recommendation:
Staff recommends approval of the proposed amendments to the existing Interlocal Cooperation Agreement with TXST.