SECOND AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF FRIENDSWOOD, TEXAS AND THE GALVESTON COUNTY CONSOLIDATED DRAINAGE DISTRICT This Second Amendment to the Interlocal Cooperation Agreement (“Agreement”) previously made and entered into as of the April 2, 2007 and amended first on May 5, 2008, is hereby entered into this ____ day of __________ 2009, by and the City of Friendswood, a home rule municipal corporation located in Galveston and Harris Counties, Texas (“City”), acting by and through its duly authorized representative, and the Galveston County Consolidated Drainage District, a conservation reclamation District organized and existing pursuant to Article XVI, Section 59 of the Constitution of the State of Texas (“District”), acting by and through its duly authorized representative. This Amendment modifies the May 5, 2008 Interlocal Cooperation Agreement, as then amended, relating to the same subject matter. W I T N E S S E T H: WHEREAS, pursuant to Chapter 791, TEX. GOV'T CODE (the "Act"), local governments are authorized to contract among themselves for the provisions of governmental functions and services; and WHEREAS, City and District are each “local governments,” as that term is defined in the Act; and WHEREAS City and District have developed a plan for the comprehensive review and determination of compliance with regulations governing plats and the subdivision of land, which plan has been set forth in an April 2, 2007 Interlocal Cooperation Agreement, which the City and District amended first on May 5, 2008, and which the City and District desire to further amend and modify from the terms as of May 5, 2008; now, therefore, FOR AND IN CONSIDERATION of the mutual obligations and benefits to be derived hereunder, City and District do hereby find, determine, and agree as follows: 1. Findings. The facts and matters set forth in the preamble of this Agreement are hereby found to be true and correct. 2. Purpose. The purpose of this Agreement is to promote and protect public health, safety, and welfare by minimizing public and private losses resulting from flood conditions through the establishment of a drainage review process for subdivision, building construction, or site development involving tracts of land that are located within the boundaries of City and City’s area of extraterritorial jurisdiction, and District. 3. Amendment of City Responsibilities. C. Exceptions for Small Tract Construction. Exhibit “B”, as referenced in Section 3.C. of the April 2, 2007 Interlocal Cooperation Agreement, and as amended May 5, 2008, is hereby amended to delete and vacate Item 3 of the May 5, 2008 Revised Exhibit “B”, and the Second Amended Exhibit “B” is hereby adopted, a true and correct copy of the Second Amended document being attached hereto and made a part hereof. 4. Prior Agreements Not Terminated. This Amendment is intended to further modify the April 2, 2007 Interlocal Cooperation Agreement, as amended May 5, 2008, to provide for a Second Amended Exhibit “B” as set out in the preceding paragraph. In all other respects, the April 2, 2007 Interlocal Cooperation Agreement remains the complete and final understanding of the parties as to the subject matter of the Agreement, and the Agreement, as modified by this Second Amendment, remains in full force and effect. EXECUTED in duplicate originals on the dates indicated. ATTEST: CITY OF FRIENDSWOOD, TEXAS By: By: Deloris McKenzie, TRMC David J. H. Smith City Secretary Mayor Exhibit B Additional functions and criteria for City 1. An onsite inspection will be performed by the City prior to issuing a permit as to verify feasibility of the site plan drainage and to insure there is no adverse effect on adjoining property(ies). If the City building officials determines there may be an adverse effect, a drainage plan may be required. 2. A final inspection will be performed by the City, before sodding, to verify compliance with the applicable site plan. 3. Plans that include less than the twenty percent (20%) additional impervious cover are exempt from these requirements. 4. Increased outflow rates to the normal conveyance may require restriction devices. 5. Engineered drainage plans will not be required if off-site detention is purchased. 6. Engineered drainage plans will be required if the on-site detention option is selected.
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