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R2024-026 2024-02-26RESOLUTION NO. R2024-26 A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter 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 “A” 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 26th day of February, A.D., 2024. ________________________________ J.KEVIN COLE MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 247ED4DD-329B-40D1-8ACB-567A6E851F38 2024-01 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 authonzed 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 Brazona 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 junsdiction may be subdivided unless and until a plat of such subdivision has been approved by City, and WHEREAS, City is empowered to act as Floodplam 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 distract, was created and exists for the purpose of reclamation and drainage of flooded lands and other lands needing drainage within District, and WHEREAS, District is empowered to adopt reasonable rules and regulations governing construction activity that relate to providing adequate drainage or flood control within the boundanes of the District including procedures to enforce rules adopted by the District and WHEREAS, District is pnmanly located within the corporate boundanes of the City within Brazona 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 floodplam 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) development on an existing site, be required to comply with City's and District's drainage cnteria and regulations to prevent new development 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 facility,in an effort to promote and protect public health, safety and welfare, by minimizing public and private losses resulting from flood conditions 2 City and District agree that any and all drainage facilities shall be required to be constructed and maintained in accordance with the applicable approved drainage plan, regardless of whether that plan was originally approved by the Distnct or the City 3. District agrees to review, and where warranted,approve and accept any and all drainage plans submitted to District pertaining to development of real property located within City's Extraterritorial Jurisdiction ("ETJ")and within District's jurisdiction in accordance with District's Rules,Regulations&Guidelines, latest edition. 4 Prior to City's approval of any and all drainage plans for development of real property that is (i) located within City's corporate limits and within District's jurisdiction, and (ii) adjacent to District owned or maintained facilities or will include the construction of facilities that will outfall to District owned or maintained facilities, City agrees to cause to be submitted to District, for review and approval, said drainage plans to ensure compliance with District's Rules, Regulations & Guidelines 5. City and District recognize and agree that District shall, in cooperation with Brazona County, review, and where warranted, approve and accept any and all subdivision plats submitted to District pertaining to the development of real property within the City's ETJ and within the District's junsdiction in accordance with District's Rules, Regulations& Guidelines. 6 Prior to City's approval of any and all plats for the subdivision or development of real property located within City's corporate limits or ETJ and withm the District's jurisdiction, City agrees to make available to the District, all plat submittals for review and comment, to ensure dedication of adequate drainage and access easements along District maintained drainage facilities, in accordance with District's Rules, Regulations & Guidelines 7 Prior to City's approval of any and all plats for the sub-division or development of real property that is (i) located within City's corporate limits, and within the District's jurisdiction, and (ii) adjacent to District owned or maintained facilities or will include the construction of facilities that will outfall to District owned or maintained facilities, City agrees to cause to be submitted to District, for review and approval, said plats to ensure compliance with District's Flood Protection Plan and Rules, Regulations & Guidelines 8. City agrees to require all developers of property located adjacent to a drainage facility within District's jurisdiction and maintained by District to dedicate drainage and access easements for use by District in accessing and maintaining its drainage facilities, m accordance with the parties' respective drainage cntena and regulations Said easements must be free of obstruction,motor vehicle accessible and able to accommodate District's equipment. The location of such easements shall be determined by District 9 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 10. City acknowledges and agrees that the District may adopt and enforce rules requiring that any and all drainage facilities constructed pursuant to a City approved drainage plan be maintained in accordance with such approved plans. Accordingly, the District may inspect such facilities for compliance with a City approved drainage plan and take enforcement actions related thereto in accordance with the District's Rules, Regulations, and Guidelines 11 The District acknowledges and agrees to give notice to the City for District drainage infrastructure projects such as the widening of the creek, construction of detention facilities, or installation of culvert crossings within a District facility 12 City and District recognize and agree that histoncally, 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/Settegast 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 13 With regard to the Comgan Subdivision drainage improvements, City and District agree. a) The District owns and maintains the existing ditch#B 116-00-00,more commonly known as Corngan Ditch b) The City owns the Comgan Detention Pond and Comgan bypass ditch, also known as Hatfield Ditch c) The District maintains the Comgan Detention Pond(Id# 166297) Said maintenance includes but not limited to mowing and repairs related to the outfall structures, side slope, back slope drams, etc d) District maintains the Comgan 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 e) The City operates and maintains the dischargehntake structure and fence for the Comgan Detention Pond, including but not limited to,valves, screens,pumps, gates, fences, etc 14 With regard to the Bailey Road Expansion at Cowart's Creek(Id#633178),Veteran's Detention Facility at Mary's Creek (Id# 166271), Cowart's Creek Diversion Ditch and Regional Detention Facility (Id# 167888),the West Mary's Creek Detention Facility(Id#636989, 177424, 177387, 544385),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 15 With regard to the East Mary's Creek Detention Facility (Id# 621374), 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 16. With regard to the Cowart's Creek Detention Pond (Id# 178236), Clear Creek Detention Pond (Id# 218975), Cullen Detention Pond (Id# 641300), Magnolia Road Outfall Channel (Id# 597705, 596094) and Town Ditch ("Detention Facilities (Id#643161), Channel and Ditch")the City and District agree. a) The City owns the Detention Facilities, Portions of the 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, plantmgs and imgation systems within or adjacent to the subject site. 17. With regard to the Hickory Slough Mitigation Facility ("Mitigation Facility") (Lee Road Pond) (Id# 166497, 166473, 526157), the City and District agree a) The City owns the portion of the Mitigation Facility that hes on City property as recorded in the Official Public Records of Brazona 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 mamtams 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. 18. With regard to the Hickory Slough Detention Pond at Max Road(Id#650956), the City and District agree a) The City owns the Detention Pond. 124 ac-ft of the hydraulic storage capacity is allocated for general watershed flood reduction The remaining balance of hydraulic storage capacity is available to the City for future City infrastructure improvement projects b) The City maintains the capacity ledger for the Detention Facility Ledger to include acreage of development and the volume committed for each infrastructure improvement project as developed c) 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. d) The District provides all maintenance and repairs related to the outfall structures and back slope drains e) 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 19 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 in accordance with District maintenance procedures 20 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 in accordance with District maintenance procedures. 21 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 nght of way management and permitting needs. b) The City provides grading and positive drainage needs c) The District provides mowing in accordance with District maintenance procedures. 22 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 in accordance with District maintenance procedures 23 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 nght 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 in accordance with District maintenance procedures 24 With regard to the HS-2 McHard Road& Hickory Slough Detention Pond(ID# 568280), the City and District agree a) Upon completion of the McHard Roadway project, City shall dedicate the entire property (568280), save and except that certain 6.460 acres (ID# 166020)dedicated as Public Right of Way, to District for public drainage improvements b) Upon District final inspection and approval, District shall accept the entire property (ID# 568280), and shall maintain entire property as one single facility with the exception of the drainage inflow/outfall structures and slope paving installed as part of the McHard roadway project,which shall be installed by the City's contractor and shall be maintained by the City c) 54 13-acre feet of detention volume is allocated for the McHard Road improvements City shall retain 50% of remaining hydraulic storage capacity for future drainage improvement projects by the City District's portion shall go to general watershed flood reduction. d) The City shall maintain the capacity ledger for the Detention Facility Ledger to include, acreage of development and the volume committed for each infrastructure improvement project as developed. 25 With regard to the CC-1 McHard Road Detention Pond(ID# 685075),the City and District agree. a) The City owns the detention facility b) Upon District final inspection and approval, District shall provide mowing maintenance of the detention facility and keep all openings of inflow culverts and outfall culverts clear of debns in accordance with District maintenance procedures. c) City shall maintain all drainage inflow/outfall structures, pilot channels and slope paving installed as part of the McHard roadway project by the City's contractor. 26. With regard to the Willowcrest Detention Pond(ID# 165735), the City and District agree. a) The City owns the detention facility b) Upon District final inspection and approval, District shall provide mowing maintenance of the detention facility and keep all openings of inflow culverts and outfall culverts clear of debris in accordance with District maintenance procedures c) City shall maintain all dramage inflow/outfall structures, pilot channels and slope paving installed by the City's contractor 27 With regard to the Town Ditch/Old Alvin- Alexander Detention Pond(ID# ), the City and District agree. a) The City owns the detention facility. b) Upon final inspection and approval, District shall provide mowing maintenance of the detention facility and keep all openings of inflow culverts and outfall culverts clear of debns in accordance with District maintenance procedures c) City shall maintain all drainage mflow/outfall structures, pilot channels and slope paving installed as part of the Old Alvin roadway project by the City's contractor 28. District's Superintendent is hereby designated as the natural person selected by District to lead, direct, and coordinate District's work in accordance with this MOU. 29 City's Engineer is hereby designated as the natural person selected by City to lead, direct, and coordinate City's work m accordance with this MOU 30. 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. 31 City and Distnct 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) years, commencing on the) )r 4. day of , 2024. This MOU shall automatically renew at the expiration of said tom and shall continue to renew 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 WHEREOF, 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 PEARLAND, TEXAS BRAZORIA I ' :IN G ISTRICT NO.4 By g C even Cole, Mayor Jeff,f ennan, Chairman Date• 2 2(pJ W `'1"2- Date QV, (p 2e'24' ATTEST ATTES,fr lik CUB City ecretary Distri. D- _nee APPROVED AS TO FORM Darrin Coker City Attorney , VorVre „unn • x ------ JI c - • Akin "'' I t o f Regionalrib - t0141,.. ,. , .. .It,: ...... , ..:, _s. % '" Rink"- , .. _ 1 r r) 1 •BRIN i____., OOKSIDE - Letter Unique ID Ditch Name �' L � - 1 .. fI-- �' A #A 102 00 00Lowes Ditch 1 �_ . i ���B #A 104-00 00Barry Rose Rd Ditch �-� 0L12:6 'C #B 106-00-00Pasternak DuchOM iQTJ :,� '>"'"" D #A 104-02-00 Regency Park Ditch - - O ] ,3I E Town Ditch . . ---.13 ( 4 j F Magnolia Outfall Channel r -.- _I wt, I 3 ' 3 8 _ k• ,� G Cowart's Creek Diversion "` 'US ( �ip _ ( • f H #8116 00 00 Corrigan Ditch R.p ``'i' I r;i g 1'7' Q ORANG Hatfield Duch I E O r J Stone Road Ditch - ,I ,� Ai , c,: K Max Road Ditch � __ - . L Roy Road Ditch + ; I : 8 © • ' M Garden Rd Ditch .— `�, 1 + ,.S, OADWPkv .�:Y JA.. i ' 111 `-�• , �' • N O'Day Road Ditch r� ." � l •t:�>t__—_� c . _ ' 5 BROADWA �— •. - O1 t-4•1-74:IP 7' - I-- - rfalpirr-A"- ti-i:, - 1 t t - •, 'I - --I' �.._., i FITEImtat.-Lii-‘., ,...1+ .FIT�E RD - r---) ..` ,- rw 1 171-0 tom `^ .i rY I i .''• „ s-Y.;c l 1 .� c .- Number Unique ID Name I r. 7 1 218975 Clear Creek Detention Pond at Dixie Farm Rd I �_- ' " i! 621374, 6 �� E 1' 2 621375, East Mary's Creek I ; i ,- . • _ ; 621376 I ,, t.. - s , _1 • t 3 167888 Cowart Creek Regional m 4 Veteran's Detention Pond __. • ► i.'- -�i:~ - 166243 ' BAIL-EY RD -- -- - _,. _. ,„.� -1l+ ,, l ; � ! 5 166297 Corrigan Detention Pond ---- I -ti -'t 636989, 6 177387 West Marys Creek - 3 -1. - -- 544385 1.) '"' '^•,,� ' • y 1411 7 633178 Hickory Slough Detention Pond at Max - ; v I 8 526157 Hickory Slough Mitigation Pond -.� _ t ,� IY ` : I 9 641300 Cullen Detention Pond at Clear Creek I _Aid 10 178236 Cowart Creek Detention at Bailey Road Expansion .:...._.E - ' ; -. i.