R2017-008 2017-01-23RESOLUTION NO. R2017-8
A Resolution of the City Council of the City of Pearland, Texas, authorizing the
City Manager or his designee to enter into an Amended Memorandum of
Understanding with Brazoria Drainage District No. 4 associated with right-of-
way mowing.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Amended Memorandum of Understanding by and between the
City of Pearland and Brazoria Drainage District No. 4, a copy of which is attached hereto as Exhibit
"B" and made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest an Amended Memorandum of Understanding with Brazoria Drainage
District No. 4.
PASSED, APPROVED and ADOPTED this the 23rd day of January, A.D., 2017.
ATTEST:
APPROVED AS TO FORM:
&f,
DARRIN M. COKER
CITY ATTORNEY
71-1-7
TOM REID
MAYOR
Resolution No. R2017-8
Exhibit "A"
AMENDED MEMORANDUM OF UNDERSTANDING
BETWEEN
BRAZORIA DRAINAGE DISTRICT NO. 4 AND CITY OF PEARLAND FOR
DRAINAGE REGULATION
This Memorandum of Understanding ("MOU") is dated and effective as of the day last signed by the
parties hereto, BRAZORIA DRAINAGE DISTRICT NO. 4, acting by and through its Chairman, ("District")
and the CITY OF PEARLAND, TEXAS, acting by and through its Mayor, ("City").
RECITALS
WHEREAS, City and District, as local governmental entities, are authorized to enter into this MOU for
the provision of governmental functions and services, pursuant to Chapter 791 of the Texas Government Code;
and
WHEREAS, City is a home rule municipal corporation primarily located within the boundaries of
District and Brazoria County; and
WHEREAS, City is empowered to regulate the subdivision of land within corporate boundaries and its
area of extraterritorial jurisdiction; and
WHEREAS, City is empowered to adopt reasonable rules and regulations governing plats and the
subdivision of land: and
WHEREAS, no land within City or its area of extraterritorial jurisdiction may be subdivided unless and
until a plat of such subdivision has been approved by City; and
WHEREAS, City is empowered to act as Floodplain Administrator within the incorporated City Limits,
on behalf of the Federal Emergency Management Administration ("FEMA"), in adopting and enforcing
regulation designed to minimize flood losses; and
WHEREAS, City requires, as a condition of subdivision plat approval, compliance with applicable rules
and regulations of City relating to floodplain management and flood damage prevention; and
WHEREAS, District, a conservation and reclamation district, was created and exists for the purpose for
reclamation and drainage of flooded lands and other lands needing drainage within District; and
WHEREAS, District is primarily located within the corporate boundaries of City within Brazoria
County; and
WHEREAS, in furtherance of District's purpose, District is empowered to acquire, construct, improve,
and maintain facilities necessary to carry out its mandated purpose; and
WHEREAS, City and District have established similar drainage criteria and regulations, in order to a)
assure that development within their overlapping jurisdictions does not circumvent their respective floodplain
management and flood damage prevention plans, b) establish consistent application, c) simplify compliance,
and d) avoid conflicts in the joint administration of said drainage criteria and regulations within their
overlapping jurisdictions; and
WHEREAS, it is the desire of City and District that persons seeking approval within the overlapping
jurisdiction of City and District for (1) subdivision plat and replat, (2) properties that have been rezoned to a
higher run-off coefficient or land use type, or (3) developments on an existing site which increase impervious
cover, be required to comply with City's and District's drainage criteria and regulations to prevent new
developments from negativity impacting existing property and structures.
NOW THEREFORE, City and District, agree as follows:
1. City and District agree to jointly cooperate and administer their respective drainage criteria and
regulations, imposed upon all property and development located within their overlapping jurisdictions
which propose to discharge storm waters into a City or District outfall facility, in an effort to promote
and protect public health, safety and welfare, by minimizing public and private losses resulting from
flood conditions.
2. District agrees to review, and where warranted, approve and accept any and all drainage plans
submitted to District pertaining to real property and development constructed within any and all
subdivisions located within City's Extraterritorial Jurisdiction ("ETJ") within District's jurisdiction and
in accordance with District's Rules, Regulations & Guidelines, latest edition. The District agrees to
inform applicants of the process to provide a courtesy copy of the District approved plans to the City
prior to the start of construction.
3. Prior to City's approval of any and all drainage plans for property located within City's incorporated
limits, within District's jurisdiction and are adjacent to District owned or maintained facilities or outfall
to District owned or maintained facilities, City agrees to cause to be submitted to District, for review
and approval, said drainage plans regarding compliance with District's Flood Protection Plan and Rules,
Regulations & Guidelines to insure compliance. Including but not limited to its channels, creeks, and
tributaries, in accordance with District's Rules, Regulations & Guidelines. City will review and approve
all other drainage plans within the City's incorporated limits that do not meet any of the above
description. The City agrees to inform applicants of the process to provide a courtesy copy of the City
approved plans to the District prior to the start of construction.
4. City and District recognize and agree that District shall, in cooperation with Brazoria County, review,
and where warranted, approve and accept any and all subdivision plats submitted to District pertaining
to real property and development within the City 's ETJ and within the District 's jurisdiction in
accordance with District's Rules, Regulations & Guidelines, latest edition.
5. Prior to City's approval of any and all subdivision plats for property located within City's incorporated
limits within District's jurisdiction, City agrees to cause to be submitted to District, for review and
comment, said plats regarding compliance with District's Flood Protection Plan and Rules, Regulations
& Guidelines to insure dedication of adequate drainage and access easements along District's drainage
facilities, including but not limited to its channels, creeks, and tributaries, in accordance with District's
Rules, Regulations & Guidelines, similar to the procedure followed by City regarding utility companies.
6. City agrees to require all developers of property, adjacent to a drainage facility within District's
jurisdiction and maintained by District, to designate, by plat, drainage and access easements for use by
District in accessing and maintaining its drainage facilitates, in accordance with the parties' respective
drainage criteria and regulations. Said easements must be free of obstruction, motor vehicle accessible
and able to accommodate District's equipment. Location of said easement shall be mutually agreed upon
by City and District, upon consultation with developer during the platting process.
7. City and District agree to make available for review and copying, any and all records pertaining to
proposed development within their overlapping jurisdictions for purposes of monitoring compliance
with Rules, Regulations & Guidelines.
8. City and District recognize and agree that historically, District has maintained the drainage facilities
listed below located upon property in which City holds the fee or easement interest. City herby grants
District continued access to these drainage facilities for maintenance of the same and District hereby
agrees to continue maintenance of said facilities in accordance with the parties mutual understandings:
a) Ditch #A 102-00-00, more commonly known as Lowe's Ditch (Dissen/Settegest Ditch);
b) Ditch #A 104-00-00, more commonly known as Barry Rose Ditch;
c) Ditch #A 104-02-00, more commonly known as Regency Park Ditch;
d) Ditch #B 106-00-00, more commonly known as Pasternak Ditch
9. With regard to the Corrigan Subdivision drainage improvements, City and District agree:
a) The District owns and maintains the existing ditch #B116-00-00, more commonly known as
Corrigan Ditch.
b) The City owns the Corrigan Detention Pond and Corrigan bypass ditch, also known as
Hatfield Ditch.
c) The District maintains the Corrigan Detention Pond. Said maintenance includes but not
limited to mowing and repairs related to the outfall structures, side slope, back slope drains,
etc.
d) The City operates and maintains the discharge/intake structure and fence for the Corrigan
Detention Pond, including but not limited to, valves, screens, pumps, gates, fences, etc.
e) District maintains the Corrigan bypass ditch, also known as Hatfield Ditch. Maintenance
includes but not limited to mowing and repairs related to outfall structures, side slopes and
channel cleaning defined as silt and sediment removal.
10. With regard to the Bailey Road Expansion at Cowart's Creek, Veteran's Detention Facility at Mary's
Creek, Cowart's Creek Diversion Ditch and Regional Detention Facility , the West Mary's Creek
Detention Facility ("Detention Facility"), the City and District agree:
a) The City owns the Detention Facilities (including Cowart's Creek Diversion Ditch).
b) The District maintains the Detention Facilities and Diversion Ditch; said maintenance
responsibilities consist of mowing and repairs related to the outfall structures, side slope,
gates, fences, pilot channels, back slope drains, etc.
c) The City operates and maintains the discharge/intake structures for the Detention Facilities,
including, but not limited to, valves, screens, pumps, etc.
d) The City will assume all operational responsibility for the Detention Facilities. In this case,
operational responsibility is defined as maintaining a capacity ledger for each Detention
Facility. This ledger includes the address, acreage of development and the volume
committed to the development.
11. With regard to the East Mary's Creek Detention Facility ("Detention Facility"), the City and District
agree:
a) The City owns the Detention Facility. The City owns 125 ac -ft of the hydraulic storage capacity
and the District owns 75 ac -ft.
b) The District maintains the Detention Facility including but not limited to mowing and repairs
related to the outfall structures, side slope, gates, fences, pilot channels, back slope drains, etc.
c) The City maintains the discharge/intake structures for this Detention Facility, including but not
limited to the backflow / Tide flex check valve.
d) The City will assume all operational responsibility for this Detention Facility. In this case,
operational responsibility is defined as maintaining a capacity ledger for the Detention Facility.
This ledger includes the address, acreage of development and the volume committed to the
development.
12. With regard to the Cowart's Creek Detention Pond, Clear Creek Detention Pond, Cullen Detention
Pond, Magnolia Road Outfall Channel, and Town Ditch ("Detention Facilities, Channel and Ditch") the
City and District agree:
•
a) The City owns the Detention Facilities, Channel, and Ditch.
b) The District maintains the Detention Facilities, Channel, and Ditch. Said maintenance shall
include but not limited to mowing and repairs related to the outfall structures, side slopes,
gates, fences, pilot channels, and back slope drains.
c) The City maintains the discharge/intake structure for the Detention Facilities, Channel, and
Ditch. Said maintenance shall include but not limited to valves and screens.
d) The City assumes all operational responsibilities for the Detention Facilities, Channel, and
Ditch. In this case, operational responsibility is defined as the maintenance and operation of
City installed landscape enhancements and amenities such as entry monuments, hardscapes,
plantings and irrigation systems within or adjacent to the subject site.
13. With regard to the Hickory Slough Mitigation Facility ("Mitigation Facility")(Lee Road Pond), the City
and District agree:
a) The City owns the portion of the Mitigation Facility that lies on City property as recorded in
the Official Public Records of Brazoria County and the District owns the portion of the
Mitigation Facility that lies on District property as recorded in the Official Public Records of
Brazoria County.
b) The District maintains the Mitigation Facility. Said maintenance shall include but not limited
to mowing and repairs related to the side slopes, gates, fences, and low water crossing.
14. With regard to the Hickory Slough Detention Pond at Max Road ("Detention Pond"), the City and
District agree:
a) The City owns the Detention Pond. The City owns 124 ac -ft of the hydraulic storage capacity
in addition to 124 ac -ft of hydraulic storage capacity, which shall be allocated for general
watershed improvement.
b) The City maintains the Detention Pond. Said maintenance includes but not limited to
mowing and repairs related to side slopes, gates, fences, pump station, and pilot channels for
the Detention Pond.
c) The District provides all maintenance and repairs related to the outfall structures and back
slope drains.
d) The City assumes all operational responsibilities for the Detention Pond. In this case,
operational responsibility is defined as the maintenance of all athletic fields, recreational
areas, recreational electric services and lighting, irrigation systems and irrigation
components, landscape maintenance services and traditional park amenities such as trash,
cans, water fountains, etc.
15. With regard to the open ditch road right of way, previously identified within the District's maintenance
program, as Stone Road between the limits of CR 403 and Clear Creek, along the western right of way.
The City and District agree:
a) The City provides right of way management and permitting needs
b) The City provides grading and positive drainage needs
c) The District provides mowing and associated services in accordance with the District's
maintenance procedures.
16. With regard to the open ditch road right of way, previously identified within the District's maintenance
program, as Max Road between the limits of Lakeside Estates and Brookside City Limits, along the
western right-of-way. The City and District agree:
a) The City provides right of way management and permitting needs.
b) The City provides grading and positive drainage needs.
c) The District provides mowing and associated services in accordance with the District's
maintenance procedures.
17. With regard to the open ditch road right of way, previously identified within the District's maintenance
program, as Roy Road between the limits of Hickory Slough and Brookside City Limits, along the
western right of way. The City and District agree:
a) The City provides right of way management and permitting needs.
b) The City provides grading and positive drainage needs.
c) The District provides mowing and associated services in accordance with the District's
maintenance procedures.
18. With regard to the open ditch road right of way, previously identified within the District's maintenance
program, as Garden Road between the limits of Broadway (FM 518) and Hickory Slough, along the
western right of way. The City and District agree:
a) The City provides right of way management and permitting needs.
b) The City provides grading and positive drainage needs.
c) The District provides mowing and associated services in accordance with the District's
maintenance procedures.
19. With regard to the open ditch road right of way, previously identified within the District's maintenance
program, as O'Day Road between the limits of Broadway (FM 518) and Bui Drive, along the western
right of way. The City and District agree:
a) The City provides right of way management and pernntting needs
b) The City provides grading and positive drainage needs.
c) The District provides mowing and associated services in accordance with the District's
maintenance procedures.
20. District's Engineer is hereby designated as the natural person selected by District to lead, direct, and
coordinate District's work in accordance with this MOU.
21. City's Engineer is hereby designated as the natural person selected by City to lead, direct, and coordinate
City's work in accordance with this MOU.
22. This Agreement may only be amended, modified, or supplemented in writing and subsequently signed
and dated by City, as acted upon by its City Council and District, as acted upon by its Board of
Directors.
23. City and District recognize and agree that this MOU is not in any way intended to limit, alter or reduce
the expressed or implied authority, rights or obligation of either party as reflected in their respective
drainage criteria and regulations or any other applicable law, but rather is intended to further clarify and
reflect the parties' mutual understandings in jointly administering their respective drainage criteria and
regulations.
The term of this MOU shall be for a period of five (5) year, commencing on the ag/4 day of
, 2017. This MOU shall automatically renew at the expiration of said term and shall
(/continue thereafter in five (5) year increments unless either party gives the other party ninety
(90) day's written notice of its desire to terminate this MOU.
IN WITNESS WHREOF, this MOU is executed on behalf of City and District by their respective
authorized officers, in multiple counterparts, each of which is to constitute an original, pursuant to the
prior authorization of the governing bodies of the respective parties acting in duly posed and noticed
open public meeting of the respective governing bodies on the dates recited in the signature blocks
below.
CITY OF PEARLA
By:
Tom Reid, Mayor
Date: .2- `/' 24 /
XAS BRAZORI : RA A DISTRICT NO. 4
rennan, Chairman
Date:
ATTEST:
Y•;f g Lorf/
Ci, Secret. y
APPROVED AS TO FORM:
Darrin Coker
City Attorney
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ATT ST:
Kimberley o•rla
Director of Administrative Services