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R94-67 12-12-94RESOLUTION NO. R94-67 A RESOLUTION AUTHORIZING, INSTRUCTING, AND DIRECTING THE CITY OF PEARLAND STAFF TO USE DUE DILIGENCE IN NOTIFYING THE TEXAS DEPARTMENT OF TRANSPORTATION OF ITS IMPACT ON AND CONTRIBUTION TO FLOOD DAMAGES SUSTAINED BY THE CITIZENS OF PEARLAND; REQUESTING ADDITIONAL FUNDING FROM THE APPROPRIATE AGENCIES AND COMMISSIONS; REQUESTING, IN A COOPERATIVE SPIRIT, ASSISTANCE FROM NEIGHBORING CITIES AND JURISDICTIONS TO CORRECT THE PERSISTENT FLOODING OF CLEAR CREEK; AND AUTHORIZING THE EMERGENCY MANAGEMENT COORDINATOR TO FACILITATE AND PARTICIPATE IN COOPERATIVE MEASURES TO REMEDY THE PROBLEM. WHEREAS, the citizens of Pearland have sustained extensive damages as a result of the October, 1994 flood due to Clear Creek's incapacity to carry water from the watershed to Galveston Bay; and WHEREAS, the Texas Department of Transportation is engaged in projects north of Pearland city limits on Highway 35 (Telephone Road) and on Beltway 8, which directly impact Clear Creek and may overburden its ability to carry rainfall runoff events to Galveston Bay; and WHEREAS, the flooding problem must be addressed collectively by all parties who contribute to increased runoff and benefit from increased stream capacity needed to remedy the problem; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The City Manager, or his designee, is hereby authorized, instructed, and directed to use due diligence in notifying the Texas Department of Transportation of its impact on Clear Creek and, consequently, its possible contribution to damages sustained by the City of Pearland and its citizens.during the October, 1994 flood; Section 2. The City Manager, or his designee, is hereby further authorized to request additional and alternative funding from the Harris County Flood Control District, the Brazoria County Drainage District No. 4, the Texas Natural Resource Conservation Commission and the Texas Department of Transportation to compensate Pearland and its citizens for their losses and finance improvements to Clear Creek; .Section 3. The Emergency Management Coordinator is authorized to facilitate and actively participate in a cooperative relation- ship with neighboring cities and agencies having jurisdiction, in an effort to resolve this region's watershed drainage problems including, but not limited to, the urgent need of restoring the main channel of Clear Creek to its historical capacity. PASSED, APPROVED and ADOPTED this the /~L_~ day of ~X-~~----'/, A. D., 1994. C.V~~CO~ R~ f-~ MAYOR ATTEST: APPRf...~VED AS TO FOURS,: C~ULLOU?H CITY TORNEY 351 9 Liberty Drive · Pearland, Texas 77581-5416 (71 3) 485-2411 · Fax (713) 485-8764 CERTIFICATION STATE OF TEXAS COUNTIES OF BRAZORIA & HARRIS CITY OF PEARLAND I, Pat Jones, the duly appointed, qualified and acting City Secreta~t of the City of Pearland, Texas, hereby certify that the attached constitutes a true and correct copy of Resolution No. ~f~' ~ ~ duly passed and approved by the City Council at a meeting held on the / ~ day of A. D., 19F~ . To certify which, witness my hand and seal of the City of Pearland, Texas, this /3 day o~"~_~ ~J~/~,A. D., 1994, at Pearland, Texas. Texas Registered Municipal Clerk (SEAL) OPrinted on Recyded Paper