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HomeMy WebLinkAboutResolution No. 2010-02 RESOLUTION NO. R2010-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, APPROVING A THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT (GCCDD) DATED APRIL 2, 2007, WHICH ESTABLISHES PROVISIONS RELATING TO THE COLLECTION OF DRAINAGE FEES FOR ADDITIONAL IMPERVIOUS COVER. � � � � x � � � � 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 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, this "Third 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 4th day of Januarv,2010. David J. H. Smi Mayor ATTEST: � �F F R1E�yG . � so Delo is McKenzie, C * o City Secretary * � y '9rF�F TE.�'P R2o 10-02 2 Exhibit A (R2010-02) THIRD AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF FRIENDSWOOD,TEXAS AND THE GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT This Third Amendment to the Interlocal Cooperation Agreement ("Agreement") previously made and entered into as of the Apri12, 2007 and amended first on May 5, 2008 and then again on August 17, 2009, is hereby entered into this 4'I' day of Januarv 2010, 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 August 17, 2009 Interlocal Cooperation Agreement,as then amended,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 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, then amended again August 17, 2009, and which the City and District desire to further amend and modify from the terms as of August 17, 2009; 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: L Findin�s. 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 far 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 by Addin�Provision `E'. E. Design Criteria Manual. The City shall notify the District of any updates to their Design Criteria Manual relating to Storm Drainage requirements. 4. Amendment to District Responsibilities bv Addin�Provision `D'. D. Design Criteria Manual. The District shall notify the City of any updates to their Design Criteria Manual relating to Storm Drainage requirements. 5. Prior Agreements Not Terminated. This Amendment is intended to further modify the Apri12, 2007 Interlocal Cooperation Agreement, as amended May 5, 2008 and August 17, 2009, to provide for a Third Amendment 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 Third Amendment, remains in full force and effect. EXECUTED in duplicate originals on the dates indicated. ATTEST: CITY OF FRIENDSWOOD,TEXAS � By: �� B Deloris McKenzie,T `�sy David J. . Smit L'�� City Secretary � �p Mayor � o * * s � r4rF OF �i► ATTEST: GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT By: By: �"' ��•'�,- Rhonda Sykes Harold L. Whitaker Administrative Manager President _- _ .