R2001-0028 02-26-01 RESOLUTION NO. R2001-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE A MEMORANDUM OF UNDERSTANDING
WITH BRAZORIA DRAINAGE DISTRICT NO. 4.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain 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 a Memorandum of Understanding with Brazoria Drainage
District No. 4.
PASSED, APPROVEDandADOPTEDthisthe 26 dayof February ,
A.D., 2001.
TOM REID
MAYOR
ATTEST:
i T~NsGE~R~y ~' /
~ApTIpRoVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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 its
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, on behalf
of the Federal Emergency Management Administration ("FEMA'), in adopting and
enforcing regulations 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 of 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 jurisdictions of City and District for (1) subdivision plat
or 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 development from negatively 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, including but not limited to the
subdivisions of Silver Lake, Southwyck, Southdown and Country Place, in accordance
with Exhibits "A" and "B" attached hereto and incorporated herein for all purposes, and
in accordance with District's Rules, Regulations & Guidelines attached hereto by
reference.
3. 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
constructed within City's ETJ within District's jurisdiction, in accordance with Exhibit
"B", and in accordance with District's Rules, Regulations & Guidelines attached hereto
by reference.
4. 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
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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.
5. 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
facilities, 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 easements shall be mutually agreed
upon by City and District, upon consultation with developer during the platting process.
6. City agrees to make available for District's review and copying, any and all
records pertaining to proposed development within their overlapping jurisdictions for
purposes of monitoring compliance with District's Rules, Regulations & Guidelines.
7. 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 hereby 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 103-00-00, more commonly known as Dissen/Settegest Ditch;
b) Ditch # A 104-00-00, more commonly known as Barry Rose Ditch;
c) Ditch # A 104-00-00, more commonly known as Regency Park Ditch;
d) Ditch # B 106-00-00, more commonly known as Pastemak Ditch.
8. 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.
9. 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.
10. The term of this MOU shall be for a period of five (5) years, commencing on the
2~tl~dayof .~__I~(]A~,.~ ,2001. This MOU shall automatically renew at the
expiration of said term 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.
11. 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.
12. City and District recognize and agree that this MOU is not in any way intended to
limit, alter or reduce the express or implied authority, rights or obligations of either party
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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.
1N 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 posted and noticed open public meetings of the
respective governing bodies on the dates recited in the signature blocks below.
CITY OF PEARLANNTEXAS BRAZORIA DRAINAGE DISTRICT NO. 4
II
Tom Reid, Mayor Ben Lenamon, Chairman
Date: c-~/J,~//Ol Date: _,t/°.-~ o{)' ZoO ]
ij~/jTt~TEST: ./~ ATTEST:
(~ty Se~ary ~ ~ Director o£~dministrative Services
APPROVED AS TO FORM: A ?ED ~ TO FO~Ivl)~ .
Darrin Coker ~J~y IX ,tes~cCullout[h (~
City Attorney Atton¢ ' for the District --