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Ord. 0590 05-14-90TEXAS: ORDINANCE NO. 590 AN ORDINANCE APPROVING THE EXECUTION OF AN INTERLOCAL AGREEMENT, A FACSIMILE OF SAME BEING ANNEXED HERETO, INCORPORATED HEREIN FOR ALL PURPOSES DESIGNATED EXHIBIT "A" BY AND BETWEEN THE CITY OF PEARLAND AND THE PARTIES NAMED IN THE ATTACHED EXHIBIT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, SECTION 1. That the facsimile of Interlocal Agreement, annexed hereto, incorporated herein for all purposes, designated Exhibit "A", by and between the City of Pearland and the parties named in the attached Exhibit, for the purpose of participating in the Clear Creek Watershed planning, funding and implementation of projects within the Clear Creek Watershed, is hereby approved. SECTION 2. The City Council finds that the Interlocal Agreement is reasonable and necessary and that any expenditure of funds must be approved by the City Council, by Minute Order, prior to the expenditure. SECTION 3. The Mayor and the City Secretary of the City of Pearland, Texas, are hereby authorized and directed to execute for and on behalf of the City the annexed Interlocal Agreement documents, and counterparts thereof. PASSED and APPROVED on first reading this 0.23 day of 40A4Y-- , A. D., 1990. ATTEST: City ecretary Mayor 1 PASSED and APPROVED on second and final reading this day of ATTEST: Y?A City Se etary eis,„ APPROVED AS TO FORM: City Attorney , A. D., 1990. 2 ffiIBIT "A" CLEAR CREEK WATERSHED 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 (El 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 Interlocal 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 provides outfall drainage capacity in the heart of a growing Metroplex; that local governments are responsible for the overall health, safety and welfare of their citizens and thus must 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 local 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 hereto 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 being inundated 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-year flood). FLOOD PROTECTION PLANNING - means the process of developing the plan to provide protection from flooding through structural and nonstructural measures, with cost -share funding for flood protection planning available to political subdivisions from the research and planning fund of the 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 planning 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 establish 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, flood plain delineations and planimetrics; 3) improves the hydrologic and hydraulic 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 Watershed Regional Plan. Cooperate in pursuit of COMMON GOALS for the Watershed including flood protection and drainage, greenway establishment and conservation, planned development and other elements. Clear Creek abatement, protection, appropriate Participate in the management of the Clear Creek Watershed by administrating this agreement between parties of this contract with the following requirements: 1. "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, flood 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 will be entitled to appoint one member from its governing 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 provide advice and assistance; the Technical Advisory Committee will generally consist of senior staff members from the participating entities, and may include representatives 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 program and budget for Steering Committee approval by June 1 of each year; unless modified by the Steering Committee, each jurisdiction will contribute its pro-rata share for funding support based on the percentage of its land area within the Clear Creek Watershed, while any political subdivision with a voting representative on the Steering Committee will contribute not less than five percent. Exhibit A attached 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 paying 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, will 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 Watershed may become parties to this Agreement by first obtaining endorsement 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 of 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 be considered automatically renewed for such succeeding year. A party may withdraw from this Agreement, 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. Amendments may be made to this Agreement 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 functioning 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-1. ARTICLE 9. - SEPARABILITY CLAUSE If any provision in this Agreement or any application hereof shall 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- 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. (SIGNATURE PAGE ATTACHED) -6- EXHIBIT A-1 CLEAR CREEK REGIONAL FLOOD CONTROL PLAN STEERING COMMITTEE FUNDING PRORATION Entity Association of Water Board Directors Area (mi2) N/A Participation % 5%* Brazoria County Conservation and Reclamation District No. 3 4.06 5%* Brazoria County Drainage District No. 4 51.61 20% City of Friendswood 18.27 58** 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 58 (El Lago, Nassau Bay, Seabrook, Taylor Lake, Kemah, Clear Lake Shores, Webster) Fort Bend County Drainage District 8.63 5%* Galveston County 0.50 5%* 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%.