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HomeMy WebLinkAboutResolution No. 2010-34 RESOLUTION NO. R2010-34 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, AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY AND THE DICHINSON BAYOU WATERSHED STEERING COMMITTEE FOR ISSUES RELATING TO ENGINEERING AND OPERATING COSTS. * * * * * * * * * WHEREAS, in 2005, pursuant to the Interlocal Cooperation Act, Chapter 791, et. Seq., Texas Government Code, and amended (the "Act"), the City of Friendswood and other cities, counties and special districts of the State of Texas entered into an interlocal agreement regarding the Dickinson Bayou Watershed and created the Dickinson Bayou Watershed Steering Committee, an Interlocal agency; and WHEREAS, the parties to the Interlocal Agreement continue to recognize that Dickinson Bayou is a unique regional resource that provides outfall drainage capacity in the heart of a growing Metroplex; that local governments are responsible for the overall health, safety and welfare of their citizens and thus must take the lead as stewards of flood plains in the Dickinson Bayou Watershed; and that actions of upstream and downstream communities within the Dickinson Bayou Watershed directly affect each other such that individual local goals for flood protection and abatement, drainage, transportation, greenway establishment and protection, waste management, conservation and development can only be achieved through cooperative management of the Dickinson Bayou Watershed; and WHEREAS, in connection with the ongoing cooperation, the City Council of the City of Friendswood deems it in the best interest of the City to enter into a new Interlocal Agreement with the Dickinson Bayou Watershed Steering Committee for issues relating to engineering and operating costs; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 1: That an Interlocal Agreement by and between the City and the Dickinson Bayou Watershed Steering Committee for issues relating to engineering and operating costs is hereby approved. All payments by the City of Friendswood for the performance of the governmental functions or services that are the subject of this Agreement shall be made only from available current revenues. Section 2: That the Mayor and City Secretary are authorized and directed to execute and attest, respectively, the Interlocal Agreement by and between the City and the Dickinson Bayou Watershed Steering Committee 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 13th day of Sentember, 2010. id J. H. Smith Mayor ATTEST: ��—�,�LC'X �. OF F R�ENOs Melinda Welsh, TRMC � 0 Deputy City Secretary v o * * s�'qrF vF T�,�� R2010-34 2 Exhibit A (R2010-34) THE STATE OF TEXAS § § COUNTY OF GALVESTON § INTERLOCAL AGREEMENT FOR OPERATING& ENGINEERING COSTS FOR THE DICKINSON BAYOU WATERSHED STEERING COMMITTEE FOR FY 2011 This agreement is entered into by and between the members of the Dickinson Bayou Watershed Steering Committee pursuant to the authority granted in Chapter 791 of the Texas Government Code. The following entities are members of the Dickinson Bayou Watershed Steering Committee and are collectively known as the"Parties": Galveston County, Brazoria County, Galveston County Drainage District No. 1, Galveston County Drainage District No. 2, Galveston County Consolidated Drainage District,Brazoria County C&R No. 3,Brazoria Drainage District No. 4, City of Alvin, City of Dickinson, City of Friendswood, City of League City, City of Santa Fe and City of Texas City. WHEREAS, the"Parties"are bodies politic, organized and existing under the laws of the State of Texas and are collectively referred to herein as"Parties;"and WHEREAS,the"Parties"have agreed to share the operating and engineering costs for FY 2010 for the Dickinson Bayou Watershed Steering Committee; and NOW,THEREFORE,the"Parties"mutually covenant and agree as follows: 1. The"Parties"agree to share the operating&engineering expenses for FY 2011 as shown on Attachments A and B. 2. Notwithstanding anything in this Agreement to the contrary herein, in no event shall any provision of this Agreement be construed to impose, create or increase any liability in favor of any party not a party to this Agreement;and in no manner shall this Agreement be construed to operate for the benefit of any party not a party to this agreement. 3. Each party represents that it has full authorization to enter into this Agreement as required by law. 4. This Agreement shall be subject to and interpreted and enforced in accordance with the laws of the State of Texas. As such, all payments by each entity for the performance of the governmental functions or services that are the subject of this Agreement shall be made only from available current revenues. Executed this day of 20 , County of Galveston 1 EXHIBIT A By: James D.Yarbrough, County Judge Attest: Mary Ann Daigle, County Clerk Executed this day of , 20 County of Brazaria By: Attest: Executed this day of � 20 Galveston County Drainage District No. 1 By: Attest: Executed this day of 20 , Galveston County Drainage District No.2 By: Attest: 2 EXHIBIT A Executed this day of , 2p Galveston County Consolidated Drainage District By: Attest: Executed this day of , 20 Brazoria County C&R No. 3 By: Attest: Executed this day of , 20 Brazoria Drainage District No. 4 By: Attest: 3 EXHIBIT A Executed this day of ,20 City of Alvin By: Attest: Executed this day of ,20 City of Dickinson By: Attest: Executed this�3�day of_�ptember , 20�. City of Friendswood By: Attest: � r�-- �a�� ,.o�, F R�EN�s`L � o t� o * * s�,��� O� j��Py 4 EXHIBIT A Executed this day of , 20_ City of League City By: Attest: Executed this day of , 20 City of Santa Fe By: Attest: Executed this day of , 20 City of Texas City By: Attest: 5 � (� C� C� C� f� C� C� WOO � G� G� ooG� � "������� v v m m m � v N O O O O O O O O O f�D N N O N � ti. �. ti. � �-n -w -+� � z. fA (/i p� �. tA o � � � � � � D v � o 0 0 � o x � v a� m � <. On � � � n � m r' < c° � ?� � a�. Q° C) � � � f� a' v m � Q- � � o � � c o n -� — m �n o � � su w, � _ � � .� o ' � •° `�cflcQ ��2 n p w n m m � � � 0 _' v' a' � m � 0 � � � z fl- � � = o � Z Z � � n � ° � oN � n '� � � � � °' O -°a uZi � � � o � � � Z � 0 y rt � � m ;. v D � � aa � � D �' k `�' c � � rt � � � � � O00 N -� � � -P N O� W? D O N 7 D � /� �71 C.3� N O (S7 N � ? 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