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HomeMy WebLinkAboutResolution No. 2009-47 RESOLUTION NO. R2009-47 A 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 (GCCDD) DATED APRIL 2, 2007, IN REGARD TO THE ESTABLISHIVIENT AND COLLECTION OF DRAINAGE FEES FOR ADDITIONAL IMPERVIOUS COVER. � � � � � � � � � BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: 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 Agreement in regard to providing far 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, this "Second Amendment" to the Interlocal Cooperation Agreement in substantially the same form as attached hereto as Exhibit"A" and incorporated herein. PASSED,APPROVED AND RESOLVED on this 17th day of Au�ust,2009. David J. H. Smith Mayor ATTEST: �OF F RIE�yG , �� Deloris McKenzie, T C v p City Secretary * ° � �A �9TF OF ?E�'P� R2009-47 2 SECOND AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF FRIENDSWOOD,TEXAS AND THE GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT This Second Amendment to the Interlocal Cooperation Agreement ("Agreement") previously made and entered into as of the April 2, 2007 and amended first on May 5, 2008, is hereby entered into this 17 day of August 2009, by and 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 May 5, 2008 Interlocal Cooperation Agreement, as then amended,relating to the same subj ect 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 regulations governing plats and the subdivision of land, which plan has been set forth in an April 2, 2007 Interlocal Cooperation Agreement, which the City and District amended first on May 5, 2008, and which the City and District desire to further amend and modify from the terms as of May 5, 2008;now,therefore, "�.�" y�� . FOR AND IN CONSIDERATION of the mutual obligatio�s an �enefits to be derived !� f.- hereunder, City and District do hereby find, determine, and agree as fb�o�vs: � z , 1. Findin�s. The facts and matters set forth�Yin the preamble of this Agreement are hereby found to be true and correct. 2. Pu ose. 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, ar 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 Citv Responsibilities. C. Exceptions for Small Tract Construction. Ezhibit "B", as referenced in Section 3.C. of the April 2, 2007 Interlocal Cooperation Agreement, and as amended May 5, 2008, is hereby amended to delete and vacate Item 3 of the May 5, 2008 Revised Ezhibit "B", and the Second Amended Ezhibit "B" is hereby adopted, a true and correct copy of the Second Amended document being attached hereto and made a part hereof. 4. Prior Agreements Not Terminated. This Amendment is intended to further modify the April 2, 2007 Interlocal Cooperation Agreement, as amended May 5, 2008, to provide for a Second Amended E�ibit "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 by this Second Amendment, remains in full force and effect. EXECUTED in duplicate originals on the dates indicated. ATTEST: CITY OF FRIENDSWOOD,TEXAS , By: By: Delons McKenzie,TRMC David J. . mith City Secretary Mayor �►�� �a'ENOs <y � o � o � * `� � �'qT .-�...fi.�,.�. .�. �� ATTEST: GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT By: By• Rhonda Sykes Harold L. Whitaker Administrative Manager President Eghibit B Additional functions and criteria for City 1. An onsite inspection will be performed by the City prior to issuing a permit as to verify feasibility of the site plan drainage and to insure there is no adverse effect on adjoining property(ies). If the City building officials 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. Plans that include less than twenty percent (20%) additional impervious cover are exempt from these requirements. 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.