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HomeMy WebLinkAboutResolution No. 2008-39A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, APPROVING AN AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT DATED APRIL 2, 2007, IN REGARD TO THE ESTABLISHMENT AND COLLECTION OF DRAINAGE FEES FOR ADDITIONAL IMPERVIOUS COVER. WHEREAS, the City of Friendswood and GCCDD entered into an Interlocal Cooperation Agreement dated April 2, 2007, to establish a drainage review process for subdivision, building construction and site development for tracts of land within the city limits and the limits of the jurisdiction of GCCDD; and WHEREAS, the parties seek to amend the Interlocal Cooperation Agreement in regard to providing for the establishment and collection of drainage fees for additional impervious cover and other minor amendments; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: SECTION 1. That the Interlocal Cooperation Agreement by and between the City of Friendswood and the Galveston County Consolidated Drainage District dated April 2, 2007, is hereby amended in regard to providing for the establishment and collection of drainage fees for additional impervious cover and other minor amendments. SECTION 2. The Mayor is authorized to execute, and the City Secretary is authorized to attest, the "Amendment to the Interlocal Cooperation Agreement" in substantially the same form as attached hereto and incorporated herein. PASSED, APPROVED AND RESOLVED on this 51h day of Mav, 2008. David J. H. Smi Mayor ATTEST: R2008-39 AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF FRIENDSWOOD, TEXAS AND THE GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT This Amendment to the Interlocal Cooperation Agreement ("Agreement") previously made and entered into as of the April 2, 2007 is hereby entered into this 5 day of May 2008, by the City of Friendswood, a home rule municipal corporation located in Galveston and Harris Counties, Texas ("City"), acting by and through its duly authorized representative, and the Galveston County Consolidated Drainage District, a conservation reclamation District organized and existing pursuant to Article XVI, Section 59 of the Constitution of the State of Texas ("District"), acting by and through its duly authorized representative. This Amendment modifies the April 2, 2007 Interlocal Cooperation Agreement relating to the same subject matter. WITNESSETH: WHEREAS, pursuant to Chapter 791, TEx. Gov'T CODE (the "Act"), local governments are authorized to contract among themselves for the provisions of governmental functions and services; and WHEREAS, City and District are each "local governments," as that term is defined in the Act; and WHEREAS City and District have developed a plan for the comprehensive review and determination of compliance with such regulations, which plan has been set forth in an April 2, 2007 Interlocal Cooperation Agreement, which the City and District desire to amend and modify from the terms of the April 2, 2007 Agreement; now, therefore, FOR AND IN CONSIDERATION of the mutual obligations and benefits to be derived hereunder, City and District do hereby find, determine, and agree as follows: 1. Findings. The facts and matters set forth in the preamble of this Agreement are hereby found to be true and correct. 2. Purpose. The purpose of this Agreement is to promote and protect public health, safety, and welfare by minimizing public and private losses resulting from flood conditions through the establishment of a drainage review process for subdivision, building construction, or site development involving tracts of land that are located within the boundaries of City and City's area of extraterritorial jurisdiction, and District. 3. Amendment of City Responsibilities. C. Exceptions for Small Tract Construction. City shall conduct in-house, with City personnel or City consultants, the review of drainage plans for construction of site development relating to (i) single family residential construction on lots or tracts containing three and one-half (3.5) acres or less that do not involve the subdivision of land and that drain to the Clear Creek watershed or the tributaries of Clear Creek, or (ii) construction of site development relating to multiple family or commercial construction on lots or tracts containing two (2.0) acres or less that do not involve the subdivision of land and that drain to the Clear Creek watershed or the tributaries of Clear Creek, both for compliance with flood damage prevention regulations of City. City's review shall include the activities and criteria listed on the amended Exhibit "B", a true and correct copy attached herein and made a part hereof. Provided, however, drainage plans for building construction or site development described above will be submitted to District for its review and determination of compliance with District flood damage prevention regulations and District regulations governing the discharge of storm waters into a District outfall facility. 4. Prior Agreements Not Terminated. This Amendment is intended to modify the April 2, 2007 Interlocal Cooperation Agreement to provide for an amended Exhibit `B" as set out in the preceding paragraph. In all other respects, the April 2, 2007 Interlocal Cooperation Agreement remains the complete and final understanding of the parties as to the subject matter of the Agreement, and the Agreement, as modified herein, remains in full force and effect. EXECUTED in duplicate originals on the dates indicated. ATTEST: By: /�, �,4; L/_�/,F/ �_h , Deloris McKenzie, TRMC City Secretary _� ^•� CITY OF FRIENDSWOOD, TEXAS B David J. H. Smith Mayor M ATTEST: By. Rhonda J. Sykes Administrative Services Coordinator GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT .old L. Whitake President REVISED EXHIBIT B ADDITIONAL FUNCTIONS AND CRITERIA FOR CITY MAY, 2008 1. An on -site inspection will be performed by the City prior to issuing a permit as to verify feasibility of the site plan drainage and to ensure there is no adverse effect on adjoining property(ies). If the City building official determines there may be an adverse effect, a drainage plan may be required. 2. A final inspection will be performed by the City, before sodding, to verify compliance with the applicable site plan. 3. All improved lots within an existing subdivision served by a detention facility that is within the platted boundaries of said subdivision and that has been previously accepted and approved by the City and District, shall be exempt from the regulation to purchase detention for additional impervious cover. 4. Increased outflow rates to the normal conveyance may require restriction devices. 5. Engineered drainage plans will not be required if off -site detention is purchased. 6. Engineered drainage plans will be required if the on -site detention option is selected.