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R-2014-023 2014-03-10RESOLUTION NO. R2014-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO INTERLOCAL AGREEMENTS WITH THE LOWER KIRBY MUNICIPAL MANAGEMENT DISTRICT AND PEARLAND MUNICIPAL MANAGEMENT DISTRICT NO. 1. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Interlocal Agreements by and between the City of Pearland, the Lower Kirby Municipal Management District and Pearland Municipal Management District No. 1, copies of which are attached hereto as Exhibits "A" and "B" and made a part hereof for all purposes, are hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest Interlocal Agreements with the Lower Kirby Municipal Management District and Pearland Municipal Management District No. 1. PASSED, APPROVED and ADOPTED this the 10th day of March, A.D., 2014. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Resolution R2014-23 Exhibit "A" INTERLOCAL AGREEMENT BETWEEN CITY OF PEARLAND, TEXAS ANDLOWER KIRBY PEARLAND MANAGEMENT DISTRICT FOR ADMINISTRATION OF THE MASTER DRAINAGE PLAN This Interlocal Agreement (the "Agreement") is made and entered into pursuant to Texas Government Code, Chapter 791, by the City of Pearland, Texas, (the "City"), and Pearland Municipal Management District No. 1, (the "District"), as of Ma rch 1 0 , 2014 (the "Effective Date"). The District and Lower Kirby Pearland Management District each have adopted a Master Drainage Plan to regulate and implement a system of regional drainage and detention to drain the land within the respective boundaries. The District is undertaking the implementation of its Master Drainage Plan (the "Plan") to provide the regional drainage, including detention, for the property located within the District in order to facilitate regional drainage and detention within the City limits. The District is in the process of acquiring and constructing improvements in conjunction with the City and Lower Kirby Pearland Management District ("LKP") to facilitate the administration of the Plan. The District, LKP, and the City will work together to accomplish the facilitation and implementation of the Plan. The District has determined that it is in the best interest to engage the City to perform certain functions related to the administration of the Plan on behalf of the District. The City and the District enter this Agreement to establish terms and conditions whereby the District engages the City to perform the following related to the administration of the Plan. The City will undertake the following on behalf of the District: administration of the Plan, including plan review, the collection of plan review fees, and acquisition of right of way necessary for the implementation of the Plan. For and in consideration of the mutual obligations and benefits to be derived under this Agreement, the City and the District agree as follows. AGREEMENT 1. The District shall establish reasonable and necessary fees and charges that will be charged to developers, businesses, and landowners within the District ("plan review fee") for the Plan adopted by the District related to drainage 472096 facilities and detention required. The plan review fee will be required at the time of submission of development or building plans to the City. 2. The plan review fee shall be collected by the City in order to compensate the City for the performance of the review necessary to determine compliance with the Plan. The City shall collect and retain all of the plan review fees established in the Plan on behalf of the District on an ongoing basis as development occurs within the District during the term of this Agreement. 3. The City shall perform the following actions on behalf of the District: a. Drainage plans and specifications shall be submitted to determine compliance with the Plan. The City shall perform this review to ensure compliance with the standards and regulations adopted pursuant to the Plan by the District. b. The City shall acquire any and all right of way necessary for the implementation of the Plan. All costs of acquisition of the land shall be paid by the City. Reimbursement for such land acquisition shall be provided in the Financing Agreement between the District and the City. 4. The parties recognize that the District is in the corporate limits of the City and the City has Engineering Design Criteria related to drainage (the "Criteria"). To the extent of a conflict between the City's Criteria and the Plan as regards property in the District, the Plan controls. 5. The term of this Agreement shall commence on the Effective Date and continue for one (1) year and then shall continue to be automatically renewed annually for each succeeding year. The District or the City may cancel this Agreement at any time upon thirty (30) days written notice. 6. This Agreement is the entire Agreement between the City and the District related to administration of the Master Drainage Plan and no modification of this Agreement shall be binding on either party unless reduced to writing and signed by both. 7. This Agreement shall not be assignable by either party without the prior written consent of the other party. [EXECUTION PAGE FOLLOWS] -2- 472096 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of equal dignity, as of the date and year set forth on the first page hereof. ATTEST: By: C. Secretary, Board of Directors (SEAL) 1/kllliNlNt1,%0• 472)996 PEARLAND MUNICIPAL MANAGEMENT DISTRICT NO.1 By: �1i . ► .q� President, Board of Directors j City of Pe By: City anager, 4P,, of Pearland Clay J. P: arson -3- Resolution R2014-23 Exhibit "B" INTERLOCAL AGREEMENT BETWEEN CITY OF PEARLAND, TEXAS ANDLOWER KIRBY PEARLAND MANAGEMENT DISTRICT FOR ADMINISTRATION OF PHASE 1 OF THE MASTER DRAINAGE PLAN This Interlocal Agreement (the "Agreement") is made and entered into pursuant to Texas Government Code, Chapter 791, by the City of Pearland, Texas, (the "City"), and Lower Kirby Pearland Management District, (the "District"), as of March 10, , 2014 (the "Effective Date"). The District and Pearland Municipal Management District Number 1 each have adopted a Master Drainage Plan to regulate and implement a system of regional drainage and detention to drain the land within the respective boundaries. The District is undertaking the implementation of Phase 1 of its Master Drainage Plan (the "Plan") to provide the first phase of regional drainage, including detention, for the property located within the District in order to facilitate regional drainage and detention within the City limits. The District is in the process of acquiring and constructing improvements in conjunction with the City and Pearland Municipal Management District No. 1 ("MMD1") to facilitate the administration of Phase 1 of the Plan. The District, MMD1, and the City will work together to accomplish the facilitation and implementation of Phase 1 of the Plan. The District has determined that it is in the best interest to engage the City to perform certain functions related to the administration of the Plan on behalf of the District. The City and the District enter this Agreement to establish terms and conditions whereby the District engages the City to perform the following related to the administration of Phase 1 of the Plan. The City will undertake the following on behalf of the District: administration of Phase 1 of the Plan, including plan review, the collection of plan review fees, and acquisition of right of way necessary for the implementation of Phase 1 of the Plan. For and in consideration of the mutual obligations and benefits to be derived under this Agreement, the City and the District agree as follows. AGREEMENT 1. The District shall establish reasonable and necessary fees and charges that will be charged to developers, businesses, and landowners within the District 465967 ("plan review fee") for Phase 1 of the Plan adopted by the District related to drainage facilities and detention required. The plan review fee will be required at the time of submission of development or building plans to the City. 2. The plan review fee for Phase 1 shall be collected by the City in order to compensate the City for the performance of the review necessary to determine compliance with Phase 1 of the Plan. The City shall collect and retain all of the plan review fees established in the Plan for Phase 1 on behalf of the District on an ongoing basis as development occurs within the District during the term of this Agreement. 3. The City shall perform the following actions on behalf of the District: a. Drainage plans and specifications shall be submitted to determine compliance with Phase 1 of the Plan. The City shall perform this review to ensure compliance with the standards and regulations adopted pursuant to Phase 1 of the Plan by the District. b. The City shall acquire any and all right of way necessary for the implementation of the Plan. All costs of acquisition of the land shall be paid by the City. Reimbursement for such land acquisition shall be provided in the Financing Agreement between the District and the City. 4. The parties recognize that the District is in the corporate limits of the City and the City has Engineering Design Criteria related to drainage (the "Criteria"). To the extent of a conflict between the City's Criteria and the Plan as regards property in the District, the Plan controls. 5. The term of this Agreement shall commence on the Effective Date and continue for one (1) year and then shall continue to be automatically renewed annually for each succeeding year. The District or the City may cancel this Agreement at any time upon thirty (30) days written notice. 6. This Agreement is the entire Agreement between the City and the District related to administration of Phase 1 of the Master Drainage Plan and no modification of this Agreement shall be binding on either party unless reduced to writing and signed by both. 7. This Agreement shall not be assignable by either party without the prior written consent of the other party. [EXECUTION PAGE FOLLOWS] -2- 465967 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of equal dignity, as of the date and year set forth on the first page hereof. ATTEST: By: //A (SEAL) 4 63967 cretary, Board of Directors LOWER KIRBY PEAR DISTRICT By: , ;C. Preside 1, Bo ND MANAGEMENT By: Ci Clay J. Parson 'rectors it. of Pearland -3-