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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 2 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 3 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 --