Loading...
R99-043 06-14-99RESOLUTION NO. R99-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RECOGNIZING THE IMPORTANCE OF THE GENERAL REEVALUATION REPORT OF CLEAR CREEK AND DECLARING THE CITY'S INTENT TO PARTICIPATE AS AN ACTIVE COST-SHARING PROJECT SPONSOR FOR THE STUDY. WHEREAS, the City of Pearland is committed to providing the necessary drainage and mitigation requirements and facilities to protect the citizens and their property; and WHEREAS, the City of Pearland has committed a significant amount of its resources, including personnel and equipment, to improve drainage within its jurisdiction; and WHEREAS, the construction of Beltway 8 and other development has increased dependency on Clear Creek for both Harris County and Brazoria County; and WHEREAS, the Clear Creek Flood Control Project, authorized by Congress in 1968, has been slowed due to uncertainties in the economics and hydraulics of the project, and changes in costs, real estate, and environmental impacts; and WHEREAS, the U. S. Army Corps of Engineers recommends that a General Reevaluation Report be prepared for the Clear Creek Flood Control Project to clarify uncertainties in the Project; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The City of Pearland recognizes the importance of the General Reevaluation Report of Clear Creek and hereby declares the City's intent to participate as an active cost-sharing project sponsor for the study. RESOLUTION NO. R99-43 PASSED, APPROVED and ~"~C)~.--' , A.D., 1999. ADOPTED this the TOM REID MAYOR day of ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTO RN EY 2 BRAZORIA DRAINAGE DISTRICT NO. 4 4805 West Broadway I Pearland, Texas 7758 1-3934 I (28 1)485-1434 I Fax (281)485-0065 May 3, 1999 Glen Erwin 3519 Liberty Drive Pearland, Texas 77581 Dear Mr. Erwin: Re: General Reevaluation Report (GRR)of Clear Creek Thank you for attending the workshop we held on April 19, 1999. Brazoria County has the opportunity to be included in the scope of studies for GRR. I have enclosed a copy of the information distributed at that meeting by Don Allen of the Corp of Engineers. BDD4 commissioners voted unanimously negotiations with the city and county, GRR. on April 28, 1999 to begin discussions and toward a joint resolution to co-sponsor the Brazoria Drainage District #4 is strongly in favor of proceeding with the originally authorized 1968 plan to Ft. Bend County, if the project is feasible. Of course an undertaking of this magnitude, would need the participation of all entities, due to the financial requirements of sponsorship. It was emphasized that "we" (collectively) should notify the Corp of our intent to participate as an active cost-sharing project sponsor within 60 days or as soon as possible. We wish to procede with this notification at the earliest possible date, as we regard this project to be of monumental importance to the citizens of Pearland and Drainage District 4. Therefore, I ask you to put this item on your next agenda for deliberation and possible action and to notify BDD4 of your intent. Sincerely, Michael D. Yost Superintendent Commissioners {I Ben Lenamon {~ Roger Davis 41 Jeffrey Brennan CLE.adR CREEK FLOOD CONTROL PROJECT SL,'N.INLLRY OUTLINE FOR BFLAZORiA COL.'NTY OFFICIALS App;! 19, 1999 BACKGROUND-The Clear Creek project was authorized by Congress in 1968 and was subsequently reformulated in post-authorization studies in the earl.',' 1980% to incorporate the environmental concerns of the public at that time. The project has two cost-sharing local sponsors, Galveston County and Harris Count3', which acts through the Harris County Flood Control District. The Local Cooperation Agreement for the project, executed with Harris and Galveston Counties in 1986, identifies the cost-sharing required for the project and the responsibilities of the parties. The sponsors provide the rights-of-way, relocate or modify roadway bridges, utilities, pipelines, etc., and provide a cash contribution toward project fundin_g. The Corps, in close coordination with the sponsors, prepares the design and contracts the construction work. The total cost for the authorized project is currently estimated at approximately $130 million, of which $76 million is Federal cost and $54 million is local sponsors' cost. In general, Harris and Galveston Counties share their cost rift-y-fifty. The project authorized in 1968 extended to Mile 34.8 on Clear Creek in Ft. Bend County. The project planned and approved in the early 1980's extended to Myka~va Road (approximate Mile 26.1 ) at Pearland in Brazoria County. The potential local sponsors for this reach ~vere the HCFCD and Brazoria County Drainage District No.4. However, in 1986, Brazoria County. Drainage District No. 4, while affirming its support for the project, requested that its participation in the project be terminated because of limited financial capability. Accordingly, the portion of the project upstream of the Brazoria County line (approximate Mile 19.1 ) was placed in the "inactive" category. This portion of the project could be re-activated Mth a local sponsor(s) able to meet the financial requirernents of sponsorship. With the project no~v terminating near the Brazoria County line, Brazoria County receives only minor benefits of flood damage reduction from the project downstrea~m in Galveston and Harris Counties. The project is currently in the construction phase. Construction completed to date includes the gated structure, second outlet channel, and marsh wetland area between Clear Lake and Galveston Bay; two GH&H Railroad bridges at League City; pipeline relocations at the corridor at the second outlet; and the Todville Road and SH 146 Frontage Road bridges at the second outlet. Also, most roadway ]-.ighway bridges from Clear L~<e to the Brazoria Count' line have been replaced to accommodate :he char. r, e2 for the authorized project. A total of approximately S40 million has been spent o.r. :~:e project to date. T.~e Federal Goverp. ment i-.as spent 522 million and the sponsors 51S milli,-.r. i 59 million by HCFCD and 59 million by Gal\ cs:on Count\' ~. SPONSOR-PROPOSED ALTERNATIVE--The local sponsors initiated a roevaluation of the project in early 1997 when public opposition arose from environmental interests and the downstream Clear Lake community. The sponsors' roevaluation included a public involvement process and resulted in a sponsor-proposed alternative to the authorized project. The sponsor- proposed alternative included reduced channel rectification, a bypass channel, and local community. up~ades to reduce downstream flooding. The Commissioners' Courts of Harris and Galveston Counties presented the alternative to the Corps in December 1997 for consideration. The Galveston District evaluated and compared the sponsor-proposed altemative and the authorized project to provide guidance for determination of the decision level of the Corps higher headquarters required for approval of the sponsor-proposed alternative and how the alternative would be documented for approval. The District concluded that approval of the changes associated with the sponsor-proposed alternative is not within the discretionary authority of the Division Commander, Southwestern Division, based on uncertainties in the economics and hydraulics of the alternative and changes in the alternative costs, real estate, and environmental impacts. Therefore, the District recommended to the Southwestern Division that a General Reevaluation Report should be prepared for the Clear Creek project, and the Division has concurred. Accordingly, the Corps recommended to the local sponsors, in February 1999, that a General Roevaluation Report should be prepared for the Clear Creek Flood Control Project. The Commissioners' Courts of Harris and Galveston Counties are expected to act on this recommendation in the near future. GENERAL REEVALUATION REPORT--The General Roevaluation Report (GRR) will address any major changes in conditions since authorization that could affect the project formulation or scope. The GRR will reevaluate site conditions, environmental considerations, engineering design, economics, benefits and costs, public input, sponsors' preferred alternatives, changes in design criteria, etc. The GRR will consider roevaluation of the authorized project and formulation of the sponsor-proposed alternative, or any other alternatives (including buyout or other non-structural alternatives), that the sponsors and the Corps deem reasonable to pursue. The preliminary estimate for completion of the GRR is 3 years, including review for approval by the Corps higher headquarters. Depending on the scope of the GRR, a lesser amount of time may be required. On the other hand, depending on the results of the GRR, additional time may be required for any legislative changes to the confessional authorization, amendments to the Local Cooperation Ageement, or revisions to the sponsors' interlocal agreements. Federal funding is currently pro~ammed for construction of the authorized project. The funding schedule will be adjusted to accommodate development of the recommended GRR. The resolution from the Harris Countv Commissioners' Court on the sponsor-proposed alternative included the condition that "project continuation include enhancements and updates ..... as possible without loss of Federal funding". It is }:ighi'.' likely, however. that the current Federal funding level would change for any alternative Clear Creek flood control project resulting from the GR.R. It is also possible that tilere could be 2 dc:emlinatiop it: t?:c GRR of no continuing, Federl: participation in tile project. The !e'.:: ~,:' Federal ft:r:d:::~ rcqu~ren:ents :k'r any alternative flood control project would be determined during the GRR studies and, thus, is unknown at this time. BIL~,ZORIA COUNTY PARTICIPATION IN GRR--Brazofia County could be included in the scope of studies for the GRR. From the Corps perspective, there are two basic initial requirements for participation by Brazoria County: I. A letter of intent from an official governmental enti,ty representing Brazoria County to the Corps stating: a. its desire to include Brazoria County in the GRR. smdies; and, its intent to be an active cost-sharing project sponsor if the GRR results in a recommended flood control plan for Clear Creek. This would require a statement that the Brazoria County sponsor has the legal authority to meet the financial requirements of sponsorship and that the sponsor will develop a · financial plan (such as to issue bonds, to use tax revenue, etc.) to meet the financial requirements. A letter of concurrence from the current local sponsors, Harris and Galveston Counties, stating their desire to include Brazofia County in the GRR studies and to have Brazofia County as an active cost-sharing co-sponsor if the GRR results in a recommended flood control plan for Clear Creek. If the sponsors agree with the Corps' recommendation and choose in the near future to proceed with the GRR, funds are available to immediately initiate preparation of the GRR. Thus, a decision on Brazoria County's participation in the GRR would also be required in the near future.