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Home My WebLink AboutResolution No. 2010-05 RESOLUTION NO. R2010-OS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE, AND THE CITY SECRETARY TO ATTEST, A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY AND THE HARRIS COUNTY FLOOD CONTROL DISTRICT FOR ISSUES RELATING TO THE MANAGEMENT AND DISTRIBUTION OF HYDROLOGIC MODELS, HYDRAULIC MODELS AND SUPPORTING DATA. * * * �= * BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1. That a Memorandum of Understanding by and between the City and the Harris County Flood Control District for issues relating to the management and distribution of Hydrologic Models, Hydraulic Models, and Supporting Data is hereby approved. Section 2. That the Mayor and City Secretary are authorized and directed to execute and attest, respectively, the Memorandum of Understanding by and between the City and the Harris County Flood Control District in substantially the same form as is attached hereto as Exhibit"A" and made a part hereof for all purposes. PASSED,APPROVED AND RESOLVED on this 25th day of January,2010. �.__ _.__-_. .. s � j ..._ Davi J. H. S it Mayor ATTEST: � Os Del ris McKenzie, T o City Secretary � * s � ��o� S�� . Exhibit A � {R2010-05� THE STATE OF TEXAS § § CCIUNTY OF HARRIS § MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING IS MADE and entered into by and between the Harris Caunty Flood Controi District, a body corporate and politic under the laws of the State of Texas, hereinafter called "District," and the The City of �riendswood, a municipal corporation under the laws of the State af Texas, hereinafter called "City" WITNESSETH: WHEREAS, the National Flood Insurance Pragram (NFIP), established by the National Fiood lnsurance Act of 1968, has several purposes, the most significant being • To befter indemnify individuals from losses through the availability of fiood insurance; � To reduce future flood damages through community floodplain management regulations; and • To reduce costs for disaster assistance and flood control; and WHEREAS, the NFIP is a program of the Federal Emergency Management Agency (FEMA), a division of the United States Department of Homeland Security; and WHEREAS, FEMA invokes certain requirements of communities who participate in the NFIP as a candition of participation; and WHEREAS, the NFIP requires each participating community to designate a Floodplain Administrator to ensure proper enforcement of required floodplain management provisions; and WHEREAS, the City is a participating cammunity in the NFIP; and I WHEREAS, the City has a designated Floodplain Administrator whose responsibilities include: • Ensuring that new development is in accordance with the provisions af the NFIP � Reviewing and approving requests for Letter of Map Revisions (LOMR), Conditional Letters of Map Revisions (CLOMR), requests for Physical Map Revisions (PMR), Letter of Map Amendments (LOMA), and other map change requests; and forwarding these requests to FEMA; and WHEREAS, the District has entered into a Cooperating Technical Partnership (CTP) Agreement with FEMA; and WHEREAS, as part of the CTP Agreement, the District and FEMR campleted the Tropica( Storm Allison Recovery Project which resulted in effective Digital Flood Insurance Rate Maps {DFIRMs) dated June 18, 2007, for Harris County and Incorporated Areas, along with new base data and camputer models used to create the DF1RMs; and WHEREAS, the ef#ective base data and models are subject to revisions by the District and subsequent FEMA approval as a part of periodic watershed-wide update; and WHEREAS, the District uses the base data and computer models to suppork its Capital Improvement Program to reduce flood damages in Harris County, and WHEREAS, the City must utilize the DFIRMs, #he supporting data, and computer models in their role as Floodplain Administrator; and WHEREAS, the District has #echnical expertise that may provide support to the City in the review of reques#s for CLOMRs, LOMRs, and PMRs; and WHEREAS, it is the mutual benefit of the District and the City, as the Floodplain Administrator, to maintain the integrity ofi the DFIRMs, the supporting data, and computer models on a continual basis; and WHEREAS, the District has executed a Mapping Activity Statement as part of the CTP Agreement and has developed a Model and Map Management System (M3) alfowing the District to maintain and distribute effective supporting data and computer models to the local community; and WHEREAS, it is to the mutual benefit of the District and the City to enter into and to effiectuate the terms and conditions of this MC)U. 2 UNDERSTANDING NOW, THEREF�RE, The District and the City, in consideration of the mutual eovenants and agreements herein contained, do hereby have a mutual understanding as follaws: ARTICLE I SERVICES TO BE PROVIDED BY THE DISTRICT 1. Pravide Harris County Hydrologic and Hydraulic Modeling Standards (Modeling Standards)to be used for all requests for CLOMRs, LOMRs, and PMRs in Harris County, including those within the City. 2. Maintain current and effective hydrologic and hydraulic models, a(ong with supporting data, for the watersheds and studied streams in Harris County, including those within the City. This includes updating the effective model set to include changes necessitated by FEMA issued LOMRs and PMRs. 3. Provide and maintain a website where interested parties can request copies of computer models and supporting data, and provide these computer models and supporting data to the requestor in a timely fashion. 4. Maintain a GiS based dataset af ongoing activity, and further coordination by infarming affected parties af potential conflict due to concurrent activity. 5. Pravide timely review and comment on all requests for CLOMRs, LOMRs, and PMRs — specifically ta ensure that the request is in conformance with the Modeling Standards. 6. Provide timely technical review on behalf of the City at the request of the City, in the review and consideration of requests for CLOMRs, L�MRs, and PMRs. ARTICLE II SERVICES TO BE PROVIDED BY THE CITY 1. Require all requests for CLOMR, LOMR, and PMR within the City adhere to the Modeling Standards, including the obtaining and submiftal of effective base data and models through the M3 System. 2. Provide a copy of ail requests for CLOMR, LOMR, and PMR within the City to the District for review and commenf prior to submit to FEMA. 3. Provide the District with copies of all revisions to the requests for CLOMRs, LOMRs, and PMRs necessitated as part of the FEMA review, along with a copy of all correspondence between FEMA and the City related to the request. 3 ARTICLE 111 NOTICES All notices and communications under this MOU shall be mailed by certified mail, return receipt requested, or delivered to District at the following address: Harris Caunty Flood Control District 990� Northwest Freeway Houston, Texas 77092 Attention: Director All notices and communications under this M�U shall be mailed by certified mail, return receipt requested, or delivered to the City at the following address: The City of Friendswood 910 S. Friendswood Friendswood, TX 77546 Attenfion: ARTICLE tV FUNDING It is expressly understood and agreed by the parties, such understanding and agreement being of the essence to this MOU, that the District has not appropriated funds hereunder to fulfill any obligation created by the terms of this Memorandum of Understanding; that certain expenditures by the District hereunder may be funded under one or more agreements between the District and third parties; and that the District may, but shall not be obligated to, from time to time budget and appropriate additional funds to fulfill any obligation created hereunder. In the event the District shall fail or refuse to appropriate or expend funds necessary to perform any obligation hereunder, the sole remedy of the City shall be ta terminate this M�U; provided further, however, that befare terminating this M�U for such failure or refusal, the City shall first notify the District in writing of its intent to terminate and give the District not less than {30) days to remedy such deficiency, and thereafter only terminate the Memorandum of Understanding in the event the District fails or refuses to remedy the deficiency. ARTICLE V MEMORANDUM PERI�D This Memorandum of Understanding becomes effective when fully executed by all parties and will terminate as provided for herein. � ARTICLE VI TERMINATION This Memorandum of Understanding may be terminated upon thirty (30) days prior written notice by either party. ARTICLE VII MODIFIGATiONS This instrument contains the entire understanding between the parties relating to the rights herein granted and the obligations herein assumed. Any modification concerning this instrument will be of no force or effect, except a subsequent modification in writing signed by all parties hereto. 5 IN TESTIMONY OF WHICH, this Memorandum of Understanding has been executed �'�312 �'.�1 HARRIS COUNTY FLOOD CONTROL DISTRICT BY: Michael D. Talbott, P.E. Director ATTEST• THE CITY OF FRIEND C30D � � _..�_ By: gy; , � po �id J. mith �, � Mayor C� * * srqr� o� ��+� �