HomeMy WebLinkAboutResolution No. 2011-09 RESOLUTION NO. R2011-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, APPROVING A FOURTH AMENDMENT
TO THE INTERLOCAL AGREEMENT WITH THE GALVESTON
COUNTY CONSOLIDATED DRAINAGE DISTRICT (GCCDD)
DATED APRIL 2, 2007, IN REGARD TO THE ESTABLISHMENT
AND COLLECTION OF DRAINAGE FEES FOR ADDITIONAL
IMPERVIOUS COVER.
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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 "Fourth 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 7th day of March, 2011.
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. H. Smit
Mayor
ATTEST:
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Melinda Welsh, TRMC * *
City Secretary
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R2011-09 2
Exhibit A
(R2011-09)
2011 INTERLOCAL COOPERATION AGREEMENT
BY AND BETWEEN THE CITY OF FRIENDSWOOD,TEXAS
AND THE
GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT
This Interlocal Cooperation Agreement ("Agreement") is made and entered into as of the
7�' day of March 2011, by and between 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
and 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.
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, the corporate boundaries of City includes territory in both Galveston and
Harris Counties, Texas; and
WHEREAS, that portion of City that is located within Galveston County is also located
within the corporate boundaries of District; and
WHEREAS, pursuant to and in accordance with Chapter 212, Texas Local Government
Code, City is empowered to adopt reasonable rules and regulations governing plats and the
subdivision of land, and to apply such regulations to all territory within City's corporate boundaries
and its area of extraterritorial jurisdiction; and
WHEREAS,pursuant to said Chapter 212 and applicable ordinances of City,no land within
City or its area of exterritorial jurisdiction may be subdivided unless and until a plat of such
subdivision has been approved by City; and
WHEREAS, pursuant to the Flood Control and Insurance Act, §16.311, et seq, Texas
Water Code, City and District each have the responsibility of taking necessary and reasonable
actions to comply with the requirements and criteria of the National Flood Insurance Program,
which include, among other things, the engaging in floodplain management practices and the
adoption and enforcement of permanent land use and control measures consistent with the criteria
established under the National Flood Insurance Act; and
WHEREAS, in addition to the minimum obligations set forth in the Flood Control and
Insurance Act, political subdivisions such as City and District are also authorized to adopt more
comprehensive floodplain management rules when determined necessary for the protection of
public health and safety; and
WHEREAS, in accordance therewith, City requires, as a condition of subdivision plat
approval andlor building development, compliance with applicable rules and regulations of City
relating to floodplain management and flood damage prevention; and
WHEREAS, District was created and exists for the purpose of reclamation and drainage of
flooded lands and other lands needing drainage within District; and
WHEREAS, in furtherance thereof, District is empowered to acquire, construct, improve,
and maintain facilities necessary to carry out its mandated purpose; and
W�IEREAS, in arder to assure that development within the Galveston County portion of
City does not circumvent applicable floodplain management and flood damage prevention plans,
City and District have imposed runoff controls to limit the increase of flood waters into outfall
facilities; and
WHEREAS, it is the desire of City and District that drainage plans for subdivisions,
building construction, or other site development within those portions of City or City's area of
extraterritorial jurisdiction that are also within District be carefully reviewed to assure compliance
with applicable flood damage prevention and runoff control regulations; and
WHEREAS, City and District have developed a plan for the comprehensive review and
determination of compliance with such regulations,which plan is set forth below in this 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. 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 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.
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3. City Responsibilities.
A. City Flood Damage Prevention Re�ulations. City sha11 provide District with
true and correct copies of all rules and regulations adopted by City relating to flood control,
floodplain management, and flood damage prevention.
B. Plat/Building Plan Submittal. Except as provided in paragraph C below, City
shall, prior to approval of plats for subdivisions, or drainage plans for building construction or site
developments, located within the jurisdiction of City that are also within the boundaries of District,
cause such plats or plans to be submitted to District for information review, determination and
recommendation as set forth in Section 4 below.
C. Exceptions for Small Tract Construction. City shall conduct in-house, with
City personnel or City consultants, the review of an Attachment #4 Application for building
construction or site development relating to single family residential construction on lots or tracts
containing three and one-half (3.5) acres or less that drain to the Clear Creek watershed ar the
tributaries of Clear Creek and that do not involve the subdivision of land,to ensure compliance with
flood damage prevention regulations of City. Provided, however,the Attachment#4 Application 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.
D. Compliance with Detention. City agrees to implement District's storm water
detention requirements for tracts described in Section 3, paragraph C above, which requires the
purchase of regional detention based on the amount of impervious cover placed or constructed on a
lot or tract, as set forth in Form DR-001, a true and correct copy of which is attached hereto as
E�ibit"A" and made a part hereof far all purposes. All lots or tracts other than those described in
Section 3, paragraph C, must submit engineered drainage plans. As set forth in Form DR-001,
depending on the type and size of the lot or tract, either regional detention may be purchased or on-
site detention may be provided,based on detention volume calculations furnished from an approved
set of engineered drainage plans. Prior to issuance of building permits, if the applicable property
owner elects to acquire capacity in a District regional detention facility in lieu of on-site detention,
City shall require fees be paid to the District as set forth in said Form DR-001.
E. Desi�n Criteria Manual. City shall notify District of any updates to their Design
Criteria Manual relating to Storm Drainage requirements.
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4. District Responsibilities.
A. Plat and Permit Review. District shall review drainage plans relating to
subdivisions, building construction or site development, as set forth in Section 3 above, for
District's determination of compliance with applicable flood damage prevention regulations of City
and District, and with regulations of District governing the discharge of storm waters into a District
outfall facility.
B. Written Determination. District shall submit its determinations and
recommendations regarding drainage plans for such subdivisions, building construction or site
developments, in writing to the Director of Community Development of City. Such written
determiYations and recommendations shall be made in as timely a manner as is reasonably possible.
C. Capacitv and Capacity Fee Commitment. District shall determine if a lot or
tract is eligible to purchase regional detention based on capacity in regional detention facilities.
District agrees to provide capacity in District's regional storm water detention facilities at the cost
set forth in said Form DR-001, as it exists at the time this Agreement is executed or as may be
thereafter amended. District agrees that any change in the costs for acquisition of capacity in a
regional detention facility shall not be effective against City until notice is delivered through City
Secretary of City, either through personal delivery in writing or through electronic mail.
D. Design Criteria Manual. District sha11 notify City of any updates to their
Design Criteria Manual relating to Storm Drainage requirements.
5. Term. The primary term of this Agreement shall be for a period of two (2) years,
and shall be automatically renewed for successive renewal terms of two (2)years unless either party
gives the other notice of non-renewal not less than thirty (30) days prior to the expiration of the
primary term or any renewal term hereof.Notwithstanding the foregoing, either party may terminate
this Agreement upon the giving of thirty(30)days prior written notice to the other.
6. Prior A�reements Sunerseded. This is the Fourth Amendment to the Interlocal
Cooperation Agreement ("Agreement") originally made and entered into on April 2, 2007 and
amended first on May 5, 2008, amended again on August 17, 2009 (Second Amendment) and
amended for the third time on January 4, 2010 (Third Amendment).
This Agreement is intended to supersede all other agreements and amendments and is
intended to be the complete and final understanding of the parties as to the subject matter of the
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Agreement. All prior understandings or interlocal agreements between City and District as to the
subj ect matter of the Agreement are of no force or effect.
EXECUTED in duplicate originals on the dates indicated.
ATTEST: CITY OF FRIENDSWOOD,TEXAS
BY:�� ° � ���� Q � � (^'� ` �
�-1^^–�t.'�,�W,y�..�. By: ..-�
Melinda Welsh, TRMC ,, . � David J. H ith
City Secretary ��;'.�,,..�-,-. _ .,w:;:�•, . Mayor
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ATTEST: GALVESTON COUNTY CONSOLIDATED
DRAINAGE ISTRICT
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By: ....� By: �
Rhonda Sykes H old L. Whitaker
Administrative Mana r President
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E�iibit A
FORM DR-001
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Purchase Regional
Detention Based On:
Not New Impervious $0.25 Not
0-3.5 Yes Coverage in SF x per Yes
Required $0.25/SF SF Required
Calculation of Detention
Volume Unnecessary
SFR
Engineer Determines the $25,000
3.5-8 Yes Required Detention Volume by an per No Required
Approved Method AC-FT
8+ No Required Engineer On-Site NA No Required
Detention
Engineer Determines the $25,000
0-5 Yes Required Detention Volume by an per No Required
MFR Approved Method AC-FT
5+ No Required Engineer On-Site NA No Required
Detention
Engineer Determines the $25,000
0-5 Yes Required Detention Volume by an per No Required
COM Approved Method AC-FT
5+ No Required Engineer On-Site NA No Required
Detention
Provided:
1. The proposed improvements do not include the subdivision of land.
2. Proposed development improvements within an existing subdivision served by a detention facility
that has been previously accepted and approved by City and District, shall be exempt from the
regulation to purchase regional detention for additional impervious cover.
3. Excluding single family residential construction on lots or tracts containing three and one-half(3.5)
acres or less,all lots or tracts must outfall into a conveyance system with adequate capacity.
4. Impervious cover area shall be defined as surface cover which does not allow the passage of storm
water into the underlying soil,and includes,but is not limited to concrete, asphalt, stabilized soil,
tennis courts,water features,pools, sidewalks, crushed concrete, limestone,and roofing.
* The Attachment#4 Application is completed during the Building Permit Application review. The
Attachment#4 is pursuant to Form DR-001 and designates the drainage fee as approved by City
and District.
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