Loading...
HomeMy WebLinkAboutResolution No. 90-15 RESOLUTION N0. R90-15 A RESOLUTION ENTERING INTERLOCAL AGREEMENT, EFFECTIVE JUNE 1 , 1990, BY AND BETWEEN THE ASSOCIATION OF WATER BOARD OF DIRECTORS, BRAZORIA COUNTY CONSERVATION AND RECLAMATION DISTRICT N0. 3 , BRAZORIA COUNTY DRAINAGE DISTRICT N0. 4, CITY OF FRIENDSWOOD , CITY OF HOUSTON, CITY OF LEAGUE CITY, CITY OF PASADENA, CITY OF PEARLAND, CLEAR CREEK DRAINAGE DISTRICT, CLEAR LARE AREA COUNCIL OF CITIES (EL LAGO, NASSAU BAY, SEABROOK, TAYLOR LAKE, KEMAH, CLEAR LAKE SHORES, _ WEBSTER) FT. BEND COONTY DRAINAGE DISTRICT, GALVESTON COUNTY AND HARRIS COUNTY FLOOD CONTROL DISTRICT. t t � � * � WHEREAS, it is the common goals of these entities to reduce flooding risks by coordinating and participating in flood protection planning studies and the . implementation of specifie projeets on a cost- sharing basis; and WHEREAS, these entities are desirous of participating in , master planning of the Clear Creek Watershed . * � � � � � � NOW THEREFORE, BE IT RESOLVED, by the City Council af the City . of Friendswood , Texas, hereby authorizes entering into this interlocal agreement and hereby authorizes execution of this document by the Mayor and City Secretary as officers of the City of Friendswood , Texas . PASSED, APPROVED AND RESOLVED this 16th day of April , 1990 . � Mayor Paul W. 5chrader City of Friendswood , Texas ATTE De oris Archer , CMC City Seeretary DA/jt CLEAR CREER WATERSHEb THIS INTERLOCAL Agreement ( "Agreement" ) effective June 1, 1990 is entered into between the Association of Water Board Directors, Brazoria County Conservation and Reclamation District No. 3 , Brazoria County Drainage District No . 4, City of Friendswood, City of Houston, City of League City, City of Pasadena, City of Pearland, Clear Creek Drainage District, Clear Lake Area Council of Cities (E1 Lago, Nassau Bay, Seabrook, Taylor Lake, Kemah, Clear Lake Shores, Webster ) , Ft . Bend County Drainage District, Galveston County, and Harris County Flood Control District. WITNESSETH: WHEREAS, pursuant to the Intierlocal Cooperation Act , Article 4413 ( 32c) , Vernon' s Texas Civil Statutes, as amended ( the "Act" ) , cities, counties, special districts and other legally constituted political subdivisions of the State of Texas are authorized to enter into interlocal contracts and agreements with each other regarding governmental functions and services as set forth in the Act ; and, WHEREAS, the parties to this Agreement recognize that Clear Creek is a unique regional resource that nrovides outfall drainage capacity in the heart of a growing Metroplex ; that local governmen�s are responsible for the overall health, safety and welfare of their citizens and thus mus� take the lead as stewards of flood plains in the Clear Creek Watershed; and that actions of upstream and downstream communities within the Clear Creek Watershed directly affect each other such that individual locai 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 Clear Creek Watershed . WHEREAS, the parties to this Agreement have been cooperating and intend to continue cooperating with each other, and also with the U.S. Army Corps of Engineers , Federal Emergency Management Agency, U. S . Environmental Protection Agency, U. S . Fish and Wildlife Service, Texas Water Commission, Texas Parks and Wildlife Department, Texas Water Development Board and other local, state and federal entities in pursuit of common goals for the Clear Creek Watershed ; and, WHEREAS, the parties to this Agreement understand that entering into this agreement in no way obligates any party to implement any project recommended from any planning studies, and that separate agreements may be negotiated and executed in that regard ; NOW, THEREFORE, for and in consideration of the premises and the mutual covenants herein contained, and subject to the conditions herein set forth, the parties hareto covenant, agree and bind themselves as follows : -1- ARTICLE 1 . - DEFINITIONS For purposes of this Agreement : CLEAR CREEK WATERSHED - means all of the land area that drains stormwater to Clear Creek upstream of the mouth of Clear Creek at Galveston Bay ; this land area being located in Brazoria, Fort Bend, Galveston, and Harris counties . FLOOD PLAIN - means any normally dry land area susceptible to beinq inun�ated by water ; such inundation being general and temporary and caused by the overflow of inland or tidal waters , or the unusual and rapid accumulation or runoff of surface waters from any source ; the extent of such inundation being caused by the flood having a one percent chance of being equalled or exceeded in any given year ( the 100-y2ar flood} . FLOOD PROTECTION PLANNING - means the process of developing the plan to provide protection from floodinq through structural and nonstructural measures, with cost-share funding for flood protection planning available to political subdivisions from the research and planning fund of tne Texas Water Development Board . ARTICLE 2. - PURPOSE OF AGREEMENT The purpose of this agreement is to accomplish the following objectives : - Reduce flooding risks by coordinating and participating in flood protection nlanning studies and the implementation of specific projects on a cost-sharing basis. - Provide an administrative structure through this Agreement to obtain cost-sharing funds from the Texas Water Development Board for flood protection planning, and es�ablish the mechanism to obtain necessary funding and in- kind services from the other parties to this Agreement . - Participate in Master Planning of the Clear Creek Watershed which, included among the planning tasks : 1 ) evaluates and recommends potential structural and/or nonstructural solutions for flood protection, environmental enhancement, water quality, recreation, and other allied purposes in the Clear Creek Watershed ; 2 ) develops up-to-date engineering-scale topographic mapping , cross-sections, profiles, right-of-way widths , flood elevations, f2ood plain delineations and planimetrics ; 3 ) improves the hydrologic and hydrauiic computer models for use by the parties, Corps of Engineers and the engineering community in preparing and reviewing permit and or development applications . -2- - Provide the means for cities , counties, and special districts to negotiate Local Cooperation Agreement( s) with the water Development Board or others for implementation of specific elements recommended in the Clear Creek Wat2rshed Regional Plan. - Cooperate in pursuit of COMMON GOALS for the Clear Creek Watersned includinq flood protection and abatement, drainage, greenway establishment and protection, conservation, planned development and other aporopriate elements . - Participate in the management of the Clear Creek Watershed by administrating this agreement between parties of this contract with the following requirements : l . "No impact" review process, either flood control or drainage, for all new development and/or flood prevention projects, with the criteria for no impact being based on established limits to adverse rises in flood elevations . 2 . Use similar hydrological standards and hydraulic methods in the analysis of upstream and downstream water surface profiles, tlood flows, and flood plain delineation. 3 . Within the allowable limits of each Party, abide by the requests of the majority of Steering Committee members for any corrections, modifications, recommendations or project participation for projects being reviewed or initiated within the Clear Creek Watershed . ARTICLE 3 . - ADMINISTRATIVE STRUCTURE The administrative structure under this Agreement is as follows : - A Steering Committee will provide policy guidance for the cooperative program and make recommendations to the governing bodies of the parties ; each party to this Agreement wiil be entitled to appoint one member from its governinq body and a designated alternate to the Steering Committee ; parties which provide funding support will have voting representatives, while others will be ex-officio non- voting; the Committee will appoint a Chairman and Vice- Chairman who will be members of the governing bodies as parties to this Agreement . -3- - A Technical Advisory Committee will be appointed by the Steering Committee as appropriate to provzde advice and assistance ; the Technical Advisory Committee will generally consist of senior staff inembers from the participating entities, and may include r2presentatives from other state and local governments, state agencies , federal agencies , the private sector and public interest groups . - The Harris County Flood Control District (HCFCD) will be the administrative agent under this Agreement pursuant to the Act . ARTICLE 4. - FUNDING HCFCD will submit an annual coordinated proqram and budget for Steering Committee approval �y June 1 of each year ; unless modified by the Steering Committee, each jurisdiction will contribute its pro-rata share for �unding support based on the percentaqe of its land area within the Clear CreeK Watershed, while any political subdivision ��ith a voting representative on the Steering Committee will contribute not less than fi�e percent . Exhibit A attacned hereto and made a part hereof is the Steering Committee Funding Proration. The parties shall contribute their pro-rata share from current revenues available to the payinq party . The Steering Committee may seek funding and approve cooperative planning studies among the parties , with state and federal agencies, and with any other entities to accomplish the purposes of this agreement . Funding applications and/or agreements for the implementation of each separable element or tributary improvement, including any Local Cooperation Agreement, wil� be developed, executed and cost-shared by the appropriate city, county or special district or combination thereof . ARTICLE 5. - SUPPLEMENTAL SERVICE This Agreement is recognized as a supplemental level of service, and is not intended to duplicate or diminish the products, assistance, representation, or services received by participating entities . -4- ARTICLE 6 . - ADDITIONAL PARTIES Additional political subdivisions within the Clear Creek Wat2rshed may become parties to this Agreement by first obtaining endorsemznt by the Steering Committee, approving the terms and conditions of this Agreement, providing pro-rata funding support if it wishes to have a voting member o£ the Steering committee, and affixing hereto the signature of its authorized representative indicating the date of approval of this Agreement by said entity. ARTICLE 7 . - RENEWAL AND AMENDMENTS This Agreement will be in effect for one year from the effective date of this Agreement , and will he considered automatically renewed for such succeeding year . A party may withdraw from this Aqreement , through a vote of its governing body, provided it has notified the Steering Committee of such action in writing at least 60 days before its intended withdrawal date . Amendm2nts may be made to this Aqreement upon the approval of the governing bodies of all parties, ARTICLE 8 . - DISSOLUTION The Agreement may be dissolved at any time by the written mutual consent of the parties , In the event of the dissolution of the Agreement , whether voluntary or involuntary or by operation of law, any funds remaining after payment of the debts accrued by the functioninq of the Agreement will be distributed to the voting members of the Steering Committee on the basis of the pro-rata shares as listed in Exhibit A. ARTICLE 9. - SEPARABILITY CLAUSE If any provision in this Agreement or any application hereof snall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. ARTICLE 10. - GOVERNING LAW This Agreement shall be construed in accordance with and governed by the laws of the State of Texas . -5- EXHIBIT A CLEAR CREEK REGIONAL FLOOD CONTROL PLAN STEERING COMMITTEE FUNDING PRORATION Area Entity (mi2) Participation $ Association of Water Board Directors N/A 5$* Brazoria County Conservation and Reclamation Distirict No, 3 4. 06 5�* Brazoria County Drainage District No . 4 51 . 61 20� City of Friendswood 18. 27 5�** City of Houston 44 . 27 17� City of League City 25. 15 10� City of Pasadena 22• 76 9$ City of Pearland 14 . 86 6$ Clear Creek Drainage District N/A 5$** Clear Lake Area Council of Cities 13. 82 5$ (El Lago, Nassau Bay, Seabrook, Taylor Lake, Kemah, Clear Lake Shores, Webster ) Fort Bend County Drainage District 8 . 63 5$* Galveston County 0 . 50 S$* Harris County Flood Control District 53. 80 21$ 257 . 73 118$ *Minimum amount based on 5$ . **The City of Friendswood and the Clear Creek Drainage District have approximately the same boundaries ; therefore, the area is not repeated for the Clear Creek Drainage District while each entity is assessed the minimum 5$ . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and their respective seals to be hereunto affixed and attested , as of the date and year noted below. THE CITY OF FRIENDSWOOD , TEXAS aul W. Schrader , Mayor ' � ��v Date o Signing: ATTE Deloris Archer , CMC City Secretary Date of Signin�: