HomeMy WebLinkAboutResolution No. 2008-40RESOLUTION NO. R2008-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, RESCINDING R2008-14 AND APPROVING A
NEW MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE
CITY OF FRIENDSWOOD (CITY), THE GALVESTON COUNTY
CONSOLIDATED DRAINAGE DISTRICT (GCCDD) AND THE
SPONSORS OF THE U.S. ARMY CORPS OF ENGINEERS' (USACE)
CLEAR CREEK NED 2007 PLAN, THOSE SPONSORS BEING BRAZORIA
COUNTY DRAINAGE DISTRICT NO.4 (BCDD NO. 4), HARRIS COUNTY
FLOOD CONTROL DISTRICT (HCFCD) AND GALVESTON COUNTY
(COUNTY), IN CONNECTION WITH THE CONTINUING EFFORT TO
REDUCE FLOOD RISK AND DRAINAGE CONCERNS IN THE CLEAR
CREEK WATERSHED (INCLUDING SUPPORTING THE USACE'S
CLEAR CREEK NED 2007 PLAN).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
Section 1. That Resolution R2008-14 along with the exhibit of Memorandum of
Understanding is hereby rescinded and that a new Memorandum of Understanding in connection
with the continuing effort to reduce flood risk and drainage concerns in the Clear Creek
Watershed, including supporting the USACE's Clear Creek NED 2007 Plan, is approved by and
between the City of Friendswood (CITY), the Galveston County Consolidated Drainage District
(GCCDD) and the Sponsors of the U.S. Army Corps of Engineers' (USACE) Clear Creek NED
2007 Plan, those Sponsors being Brazoria County Drainage District No. 4 (BCDD No. 4), Harris
County Flood Control District (HCFCD) and Galveston County (COUNTY).
Section 2. That the Mayor and City Secretary are authorized and directed to execute
and attest, respectively, the Memorandum of Understanding in substantially the same form as is
attached hereto as Exhibit "A" and made a part hereof for all purposes.
Exhibit A
(R2008-40)
MEMORANDUM OF UNDERSTANDING
June 30, 2008
This Memorandum of Understanding is between the City of Friendswood (CITY), the
Galveston County Consolidated Drainage District (GCCDD) and the Sponsors of the
U.S. Army Corps of Engineers' (USACE) Clear Creek NED Plan, those Sponsors being
Brazoria County Drainage District No. 4 (BCDD No. 4), Harris County Flood Control
District (HCFCD) and Galveston County (COUNTY). All of the above named entities
are referred to collectively as the PARTICIPANTS in this Memorandum of
Understanding.
This Memorandum of Understanding is an expression of mutual intent regarding the
understandings and subjects set out; provided, however, the parties recognize and agree
that entering into one or more inter -local agreements will be required to address
specifically the terms, conditions, and necessary funding for each individual project or
undertaking. None of the Participants commit or obligate themselves to enter into any
future agreement(s) or to appropriate or expend funds in connection with the actions set
out in this Memorandum of Understanding.
In an attempt to move forward in the continuing effort to reduce flood risk and drainage
concerns in the Clear Creek Watershed, including supporting the USACE's Clear Creek
NED Plan, the PARTICIPANTS understand and agree to the following specific actions:
1. The PARTICIPANTS will work together to support and evaluate the
detention phase of the Mud Gully drainage system. The PARTICIPANTS
consider the construction of this facility(s) to be practical and a high priority
in reducing flood risks along Clear Creek and Mud Gully.
2. The PARTICIPANTS agree that oversight and monitoring by the Sponsors
shall be a part of the USACE's Clear Creek NED Plan, particularly in regard
to the timing of the installation/construction of various parts of the plan.
3. The PARTICIPANTS will not support any flood damage reduction project
or plan that increases flood risks for any downstream or upstream entity or
land owner.
4. The PARTICIPANTS will evaluate alternatives to improve conveyance,
such as high flow bypasses in the Friendswood reach of Clear Creek. The
PARTICIPANTS will work together to implement the conveyance
improvements provided that all appropriate permits are obtained, there are
no increases in downstream flood levels, funding is provided, and applicable
Interlocal Agreements are executed.
5. The PARTICIPANTS will work with the Texas Department of
Transportation to evaluate alternatives and recommend improvements to the
I-45/Clear Creek overpass and feeder road bridges to affect greater flow
capacity and with no increase in downstream flood levels.
6. The PARTICIPANTS agree to work together to implement a standardized
de -snagging and selective clearing protocol for both sides of the Clear Creek
channel.
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7. The PARTICIPANTS agree to work together with all the Clear Creek
Watershed jurisdictions to develop a Watershed Management Plan that can
be adopted by each jurisdiction to update the regional plan adopted in 1992.
8. The PARTICIPANTS will establish reasonable dates and funding plans to
accomplish the projects over which the PARTICIPANTS have direct
control, provided they are justified through the Watershed Management
Plan, with or without the Federal project.
9. The PARTICIPANTS will work together for continued funding for the
study and project construction for the USACE Clear Creek NED Plan.
10. The PARTICPANTS agree to meet on a regular, pre -determined schedule to
monitor the progress of all projects
The PARTICIPANTS hereby subscribe to this Memorandum of Understanding by
affixing their signatures hereto and dating on the date of execution.
Paul Taparauskas Date
County Attorney
Harris County
Ed Emmett Date
County Judge
Harris County
James D. Yarbrough Date
County Judge
Galveston County
Attest:
Mary Ann Daigle Date
County Clerk
Scott Smith Date
District Attorney
Brazoria Drainage District #4
Jeff H. Brennan Date
Commissioner
Brazoria Drainage District #4
I /UD
Bobby Gerva Date
City Attorney
City of Friendswood
713
David J. H. ith Date
Mayor
City of Friendswood
George W. Vie Date
District Attorney
Galveston County Consolidated Drainage District
Harold Whitaker Date
President
Galveston County Consolidated Drainage District
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TRANSMITTAL LETTER
PROJECT: Clear Creek Federal Flood
(name) Control Project
TO: Mr. Les McMahon
City of Friendswood
910 S. Friendswood Drive
Friendswood, TX 77546
WE TRANSMIT:
® herewith
❑ in accordance with your request
FOR YOUR:
❑ approval
❑ review & comment
❑ use
THE FOLLOWING:
ja
Harris Counj
flood Control District
9900 Nortimcst Fre-xay
I louston, Texas 77092
717 6844000
HCFCD UNIT: A100-00-00
PROJECT ID: A100-00-00-YO14
DATE:
If checked below, please
❑ Return enclosures to us.
El
❑
information
❑
record
®
signature
COPIES DATE DESCRIPTION
11 6/30/08 1 Memorandum of Understanding
REMARKS:
Les,
Per our conversation, please obtain signatures from City of Friendswood and Galveston County
Consolidated Drainage District representatives on all 11 copies of the MOU. After they have
signed, please call me at 713-684-4118 or e-mail me at david.randolph@hcfcd.org to coordinate
routing to other entities.
COPIES TO: (enclosures)
El
❑ BY: David Randolph, P.E.
ONE PUE
Transmittal Letter Revised: 07/24/01