Loading...
HomeMy WebLinkAbout1-10-22 5:00 JAY MARTIN, CHAIRMANCHUCK ENGELKEN MAYOR PRO TEMCOUNCILPERSON MANDI WILLIAMSBILL BENTLEY, ALTERNATE COUNCILPERSONCOUNCILPERSON MINUTES OFTHEDRAINAGE AND FLOODING COMMITTEEMEETING NOVEMBER 8, 2021 The Drainage and Flooding Committeeof the City of La Portemet on Monday,November 8, 2021, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 5:00p.m. to consider the followingitems of business: Committee Members present:Jay Martin, Chuck Engelken, Mandi Williams Committee Members attending remotely: Bill Bentley (alternate) Committee Members absent: None Council-appointed officers present: Corby Alexander,City Manager;Lee Woodward, City Secretary CALL TO ORDERChairman Martincalled the meeting to order at5:00p.m. 2. CITIZENCOMMENT (Generally limited to five minutes per person, in accordance with state law, the time may be reduced if there is a high number of speakers or other considerations.) There were no citizen comments. 3. STATUTORY AGENDA a.Presentation, discussion, and possible action to approve the minutes of the October 11, 2021, meeting. \[Councilperson Martin, Chairman\] Member Engelkenmoved to approve the minutes;the motion was seconded by Member Williams;the motionwas adopted, 3-0. b.Presentation, discussion, and possible action regarding the status of property located at the intersection of State Hwy. 146 and McCabe Road and owned by Dutko Family Partnership, Ltd. \[Lorenzo Wingate, Assistant Director of Public Works\] Mr. Wingate said the City received a copy of the United States Army Corps of Engineers (USACE) Wetlands Determination Letter, which indicates that the property does not fall within jurisdiction.Mr. Alexander said the City was going to solicit the services of someone to review the situation.Chair Martin requested no dirt permits be questions have been answered.Planning Director Evans notedat least a portion ofthe property was in a PUD, soa SCUP wouldberequired as part of the development process.Mr. Alexander said the developer had indicated a desire to incorporate the development into the MUD serving the development. c.Presentation, discussion, and possible action regarding status of 100 acre-foot detention pond project near the Pasadena Convention Center and Brookglen Subdivision, in connection with amended interlocal agreement between the City of La Porte and the City of Pasadena. \[Lorenzo Wingate, Assistant Director of Public Works\] Mr. Wingatesaid the agreement had been passed by the City of Pasadena and no difficulties were anticipated. November 8,2021-Drainage and Flooding Committee Minutes d. Presentation, discussion, and possible action regarding the Harris County Flood related to flooding in the City of La Porte. \[Lorenzo Wingate, Assistant Director of Public Works\] Mr. Wingate said an interlocal agreement was still being negotiated for Brookglen and F- 216. Johnathan St. Romain, of the Harris County Flood Control District (HCFCD), noted their traffic study indicated closing Gladwyne Lane. Member Engelken spoke against doing so, citing concerns including flawed traffic study methodology and first responder access. e. Presentation, discussion, and possible action regarding the status of current drainage projects. \[Lorenzo Wingate, Assistant Director of Public Works\] Mr. Wingate said the Bayside Terrace project would require communication with property owners concerning the established trees. Mr. Alexander said there was a tree fund that Mr. Wingate said he would be speaking to the HOA on Tuesday, November 9. f. Presentation, discussion, and possible action regarding the status of traffic impact analysis associated with proposed detention pond development in Brookglen Subdivision. \[Lorenzo Wingate, Assistant Director of Public Works\] This item was covered in discussion on item d. g. Presentation, discussion, and possible action to provide administrative staff of the City with direction, if necessary, regarding additional drainage concerns. \[Lorenzo Wingate, Assistant Director of Public Works\] Member Williams asked about the sanitary sewer lift stations and how they are impacted during rain events; Mr. Mayo communicated that the Lomax Lift Station Consolidation Project should improve the issue and would be out for bid soon, pending Texas Water Development Board approval of the bid/construction documents. 4. Set next meeting - The next meeting date was set for December 13, 2021. 5. Committee Member Comments Members had no comments. ADJOURN The meeting was adjourned without objection at 5:30 p.m. ____________________________________ Lee Woodward, City Secretary November 8, 2021 - Drainage and Flooding Committee Minutes REQUEST FOR DRAINAGE & FLOODING COMMITEEAGENDA ITEM Appropriation Agenda Date Requested:January 10, 2022 Source of Funds:N/A Requested By:Lorenzo Wingate, Asst. Director Department:Public Works Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Exhibits:USACE AJD Letter Budgeted Item:YesNo SUMMARY & RECOMMENDATION At the October 11, 2021 Drainage Committee Meeting, Committee Member Jay Martin requested an update on the status of the property located at the corner of McCabe Rd and State Highway146, owned by Dutko Family Partnership,LTD. Upon coordinating with multiple stakeholders, Staff was able to obtain a copy of the attached UnitedStates Army Corps of Engineers (USACE) Approved Jurisdictional Determination (AJD) letter, associated with the Dutko property.Staff has coordinated with the environmental services consultant, Berg-Oliver Associates, Inc. toexplain the and to assist with responding to related questions. ACTION REQUIRED BY DRAINAGE AND FLOODING COMMITTEE Receiveand analyze thereporttoprovide Staff with direction, as necessary. Approved for Drainage CommitteeAgenda Corby D. Alexander, City ManagerDate DEPARTMENT OF THE ARMY U. S. ARMY CORPS OF ENGINEERS, GALVESTON DISTRICT P. O. BOX 1229 GALVESTON, TEXAS 77553-1229 August 30, 2021 Compliance Branch SUBJECT:SWG-2018-00811 – Dutko Family Partnership, Ltd.; Approved Jurisdictional Determination (AJD), Approximate 107-Acre Site, Located in La Porte, HarrisCounty, Texas Tracy Watson Phase Engineering, Inc. 5524 Cornish Street Houston, Texas 77007 Dear Ms. Watson: This is in response to the November 5, 2018 request foran approved jurisdictional determination (AJD), on behalf of the Dutko Family Partnership, Ltd., for an approximate 107-acre site located southeast of the McCabe Road and Texas State Highway (SH) 146 intersection in La Porte, Harris County, Texas (map enclosed). Based on a review of the submitted information, detailed off-site data, the June 28, 2019 site visit, and current federal regulations we determined the approximate 107-acre site contains wetlands comprising approximately 27.1 acres, four (4) tributaries comprising approximately 2,038.7 linear feet, two (2) swales comprising approximately 616.7 linear feet, and one (1) approximate 1,392-foot-long upland man-made drainage ditch. Wetlands within the review area were identified using the Atlantic and Gulf Coastal Plain Region (Version 2.0) to the 1987 Corps of Engineers Wetland Delineation Manual which requires under normal circumstances, a predominance of hydrophytic vegetation, wetland soils, and sufficient hydrology at/or near the surface for adequate duration and frequency to support this aquatic ecosystem. The Corps of Engineers regulates the placement of structures and/or work performed in/or affecting navigable waters of the United States (U.S.) (i.e. bulkheads, piers, etc.) under Section 10 of the Rivers and Harbors Act of 1899. The Corps also regulates the discharge of dredged and/or fill material into waters of the U.S., including navigable waters, under Section 404 of the Clean Water Act. The wetlands are closed depressions that neither abut a paragraph (a)(1 – 3) water, nor are inundated by flooding from an (a)(1 – 3) water in a typical year, nor are physically separated from an (a)(1 – 3) water only by a natural berm, bank, dune, or similar natural feature, nor are physically separated from an (a)(1 – 3) water only by an artificial dike, barrier, or similar artificial structure. Therefore, the subject site wetlands meet the 33 CFR 328.3(b)(1) non- adjacent wetland exclusion. The subject site tributaries are currently or were historically characterized by ephemeral water flow resulting from precipitation, therefore, the tributaries meet the 33 CFR 328.3(b)(3) ephemeral feature exclusion. The subject site -2- ditch is aconstructed, or excavated channelused to convey surface water flow. When originally constructed, the ditch neither relocated a tributary, nor was constructed in a tributary, nor was constructed in adjacent wetlands. Therefore, the ditch meets the 33 CFR 328.3(b)(5) ditch exclusion. As such, the discharge of dredged and/or fill material into and/or any work in or affecting the subject site does not requires a Department of the Army (DA) permit. Areas of Federal Interests (federal projects, and/or work areas) may be located within this proposed project area. Any activities in these federal interest areas would also be subject to federal regulations under the authority of Section 14 of the Rivers and Harbors Act (aka Section 408). Section 408 makes it unlawful for anyone to alter in any manner, in whole or in part, any work (ship channel, flood control channels, seawalls, bulkhead, jetty, piers, etc.) built by the United States unless it is authorized by the Corps of Engineers (i.e., Navigation and Operations Division). The AJD form included herein identifies the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for this request. This jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work. This letter constitutes an AJD for this subject site and is valid for 5 years from the date of this letter unless new information warrants a revision prior to the expiration date. If you object to this AJD, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeals Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination, you must submit a completed RFA form to the Southwestern Division Office at the following address: Mr. Jamie Hyslop Administrative Appeals Review Officer (CESWD-PD-O) U.S Army Corps of Engineers, Southwest Division 1100 Commerce Street, Suite 831 Dallas, Texas 75242-1317 Telephone: 469-487-7061; Fax: 469-487-7199 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete; that it meets the criteria for appeal under 33 CFR Part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP; noting the letter date is considered day 1. It is not necessary to submit an RFA form to the Division office if you do not object to the determination in this letter. If you have questions concerning this matter, please reference file number -3- SWG-2018-00811 and contact meat the letterhead address, by e-mail at kevin.s.mannie@usace.army.mil, or by telephone at 409-766-3016. To assist us in improving our service to you, please complete the survey found at https://regulatory.ops.usace.army.mil/customer-service-survey/ and/or if you would prefer a hard copy of the survey form, please let us know, and one will be mailed to you. Sincerely, Kevin Mannie Project Manager, Compliance Branch Enclosures Swale 1 ~438.2 ft Wetland Mosaic 5 ~ 0.07 ac . Ditch 1 ~ 1,392 ft Wetland Mosaic 2 ~ 40.4 ac Swale 2 ~ 178.5 ft Wetland Mosaic 3 ~ 8.71 ac East Trib ~ 288.5 ft West Trib 2 ~ 517.5 ft Wetland Mosaic 4 ~ 4.1 ac West Trib 1 ~ 716 ft Wetland Mosaic 1 ~ 14.3 ac 02505001,000 Esri, HERE, Garmin, (c) OpenStreetMap contributors Feet SWG-2018-00811 Dutko Family Partnership, Ltd. Approximate 107-Acre Site Approved Jurisdictional Determination La Porte, Harris County, Texas Review_Area ~ 107 ac ! ? National Geographic, Esri, Imagery: 2020 National Agriculture Imagery Program (NAIP), Garmin, HERE, UNEP- 0.6-meter True Color WCMC, USGS, NASA, ESA, Note: Review area reflects neither property boundaries nor METI, NRCAN, GEBCO, ownership. NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: File Number: Date: DUTKO FAMILY PARTNERSHIP, LTD.SWG-2018-008118/30/21 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission)B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/appeals.aspxor Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: Y ou may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process appeal process you may contact: you may also contact: Kevin S. Mannie, Project Manager Mr. Jamie Hyslop Regulatory Division, Compliance Branch (CESWG-RD-C) Administrative Appeals Review Officer (CESWD-PD-O) U.S. Army Corps of Engineers, Galveston District U.S. Army Corps of Engineers, Southwest Division P.O. Box 1229 1100 Commerce Street, Suite 831 Galveston, Texas 77553-1229 Dallas , Texas 75242-1317 Telephone: 409-766-3016; Fax: 409-766-3931 Telephone: 469-487-7061; Fax: 469-487-7199 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: _______________________________ Signature of appellant or agent. U.S.ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE I.ADMINISTRATIVE INFORMATION Completion Date of Approved Jurisdictional Determination(AJD):8/30/2021 ORM Number:SWG-2018-00811 Associated JDs:N/A. 1 Review Area Location:State/Territory:TexasCity: La PorteCounty/Parish/Borough:Harris Center Coordinates of Review Area:Latitude 29.626884Longitude-95.029519 II.FINDINGS A.Summary:Check all that apply. At least one box from the following list MUST be selected.Complete the corresponding sections/tables and summarize data sources. The review areais comprised entirely of dry land (i.e.,there are nowaters or waterfeatures,including wetlands,of any kindin the entire review area).Rationale:N/A or describe rationale. There are “navigable waters of the United States” within Rivers and Harbors Act jurisdiction withinthe reviewarea (completetablein Section II.B). There are “waters of the United States” within Clean Water Act jurisdiction within the review area (complete appropriate tablesinSectionII.C). There are waters or waterfeatures excluded from Clean Water Act jurisdiction within the review area (complete table in Section II.D). 2 B.Rivers and Harbors Act of 1899 Section 10 (§ 10) § 10 Name§ 10 Size§ 10 CriteriaRationale for § 10 Determination N/A.N/A.N/AN/A.N/A. C.Clean Water Act Section 404 3 Territorial Seas and Traditional Navigable Waters ((a)(1) waters): (a)(1) Name(a)(1) Size(a)(1) CriteriaRationale for (a)(1) Determination N/A.N/A.N/A.N/A.N/A. Tributaries ((a)(2) waters): (a)(2) Name(a)(2) Size(a)(2) CriteriaRationale for (a)(2) Determination N/A.N/A.N/A.N/A.N/A. Lakes and ponds, and impoundments of jurisdictional waters ((a)(3) waters): (a)(3) Name(a)(3) Size(a)(3) CriteriaRationale for (a)(3) Determination N/A.N/A.N/A.N/A.N/A. Adjacent wetlands ((a)(4) waters): (a)(4) Name(a)(4) Size(a)(4) CriteriaRationale for (a)(4) Determination N/A.N/A.N/A.N/A.N/A. 1 Map(s)/figure(s) are attached to the AJD provided to the requestor. 2 If the navigable water is not subject to the ebb and flow of the tide or included on the District’s list of Rivers and Harbors Act Section 10 navigable waters list, do NOT use this document to make the determination. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Rivers and Harbors Act Section 10 navigability determination. 3 A stand-alone TNW determination is completed independently of a request for an AJD. A stand-alone TNW determination is conducted for a specific segment of river or stream or other type of waterbody, such as a lake, where upstream or downstream limits or lake borders are established. A stand- alone TNW determination should be completed following applicable guidance and should NOT be documented on the AJD Form. Page 1of 5Form Version 29 July 2020_updated U.S.ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE D.ExcludedWaters or Features 4 Excluded waters((b)(1) –(b)(12)): 5 Exclusion NameExclusion SizeExclusionRationale for ExclusionDetermination Wetland Mosaic 1 11.03acre(s)(b)(1) Non-Wetland Mosaic 1is a depressionalwetland adjacent that neither abutsa paragraph(a)(1-3) water, wetland.nor islocated in alandscape position that would beflooded/inundated by aparagraph (a)(1-3) waterduring a “typical year.” This wetlandis separated from aparagraph (a)(1- 3) water by more than a single natural or man-made barrier. Therefore, this wetland meets the 33 CFR 328.3(b)(1) non-adjacent wetland exclusion. Wetland Mosaic 2 8.48 acre(s)(b)(1) Non-Wetland Mosaic 2is a depressionalwetland adjacent that neither abutsa paragraph(a)(1-3) water, wetland.nor islocated in alandscape position that would beflooded/inundated by aparagraph (a)(1-3) waterduring a “typical year.” This wetlandis separated from aparagraph (a)(1- 3) water by more than a single natural or man-made barrier. Therefore, this wetland meets the 33 CFR 328.3(b)(1) non-adjacent wetland exclusion. Wetland Mosaic 3 5.66acre(s)(b)(1) Non-Wetland Mosaic 3is a depressionalwetland adjacent that neither abutsa paragraph(a)(1-3) water, wetland.nor islocated in alandscape position that would beflooded/inundated by aparagraph (a)(1-3) waterduring a “typical year.” This wetlandis separated from aparagraph (a)(1- 3) water by more than a single natural or man-made barrier. Therefore, this wetland meets the 33 CFR 328.3(b)(1) non-adjacent wetland exclusion. Wetland Mosaic 4 1.88acre(s)(b)(1) Non-Wetland Mosaic 4is a depressionalwetland adjacent that neither abutsa paragraph(a)(1-3) water, wetland.nor islocated in alandscape position that would beflooded/inundated by aparagraph (a)(1-3) waterduring a “typical year.” This wetlandis separated from aparagraph (a)(1- 3) water by more than a single natural or man-made barrier. Therefore, this wetland meets the 33 CFR328.3(b)(1) non-adjacent wetland exclusion. 4 Some excluded waters, such as (b)(2) and (b)(4), may not be specifically identified on the AJD form unless a requestor specifically asks a Corps district to do so. Corps districts may, in case-by-case instances, choose to identify some or all of these waters within the review area. 5 Because of the broad nature of the (b)(1) exclusion and in an effort to collect data on specific types of waters that would be covered by the (b)(1) exclusion, four sub-categoriesof (b)(1) exclusions were administratively created for the purposes of the AJD Form. These four sub-categoriesare not new exclusions, but are simply administrative distinctions and remain (b)(1) exclusions as defined by the NWPR. Page 2of 5Form Version 29 July 2020_updated U.S.ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE 4 Excluded waters((b)(1) –(b)(12)): 5 Exclusion NameExclusion SizeExclusionRationale for ExclusionDetermination Wetland Mosaic 5 11.03acre(s)(b)(1) Non-Wetland Mosaic 5is a depressionalwetland adjacent that neither abutsa paragraph(a)(1-3) water, wetland.nor islocated in alandscape position that would beflooded/inundated by aparagraph (a)(1-3) waterduring a “typical year.” This wetlandis separated from aparagraph (a)(1- 3) water by more than a single natural or man-made barrier. Therefore, this wetland meets the 33 CFR 328.3(b)(1) non-adjacent wetland exclusion. Unnamed Taylor 516.64linear (b)(1) Water or The unnamed Taylor Bayou tributary was Bayou Tributaryfeetwater feature historicallyan ephemeral surface water that is not channel that flowed or pooled only in direct identified in response to precipitation Since the channel (a)(1)-(a)(4) and has been improved and upstream stormwater does not meet detention basin constructions the channel the other (b)(1) subsequently receives more regular outflow. subcategories. Therefore, this feature meets the 33 CFR 328.3(b)(1) exclusion as a water that does not meet a (b)(2) through (b)(12) exclusion, and does not meet the paragraph(a)(1-4) water. Swale 1438.20linear (b)(1) Water or Swale 1 is a shallow surface water channel feetwater feature that lacks a reliable bed, bank, and ordinary that is not high-water mark. This feature flows or pools identified in only in direct response to precipitation (a)(1)-(a)(4) and Therefore, this feature meets the 33 CFR does not meet 328.3(b)(3) ephemeral feature exclusion. the other (b)(1) subcategories. Swale 2178.49linear (b)(1) Water or Swale 2 is a shallow surface water channel feetwater feature that lacks a reliable bed, bank, and ordinary that is not high-water mark. This feature flows or pools identified in only in direct response to precipitation (a)(1)-(a)(4) and Therefore, this featuremeets the 33 CFR does not meet 328.3(b)(3) ephemeral featureexclusion. the other (b)(1) subcategories. East Tributary288.54linear (b)(1) Water or East Tributaryis a surface water channel that feetwater feature flows or poolsonly in direct response to that is not precipitation Therefore, this featuremeets identified in the 33 CFR 328.3(b)(3) ephemeral feature (a)(1)-(a)(4) and exclusion. does not meet the other (b)(1) subcategories. West Tributary1716.00linear (b)(1) Water or WestTributaryis a surface water channel that feetwater feature flows or poolsonly in direct response to that is not precipitation Therefore, this featuremeets Page 3of 5Form Version 29 July 2020_updated U.S.ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE 4 Excluded waters((b)(1) –(b)(12)): 5 Exclusion NameExclusion SizeExclusionRationale for ExclusionDetermination identified in the 33 CFR 328.3(3)(1) ephemeral feature (a)(1)-(a)(4) and exclusion. does not meet the other (b)(1) subcategories. West Tributary2517.54linear (b)(1) Water or East Tributaryis a surface water channel that feetwater feature flows or poolsonly in direct response to that is not precipitation Therefore, this featuremeets identified in the 33 CFR 328.3(3)(1) ephemeral feature (a)(1)-(a)(4) and exclusion. does not meet the other (b)(1) subcategories. III.SUPPORTING INFORMATION A.Select/enter all resources that were used to aid in this determination and attach data/maps to this document and/or references/citations in the administrative record, as appropriate. Information submitted by, or on behalf of,the applicant/consultant:Wetland delineation report submitted by Phase Engineering, Inc. This informationSelect.sufficient for purposes of this AJD. Rationale:N/A or describe rationale for insufficiency (including partial insufficiency). Data sheets prepared by the Corps:6/28/2019 site visit Photographs:Aerial and Other:2020 National Agriculture Imagery Program (NAIP) 0.6-meter Color Infrared (CIR); 2009 and 2015 Texas Orthoimagery Program (TOP), 0.5-meter CIR; Google Earth Aerial Images, 1952 –2020; 6/28/2019 Site Visit Photos Corps site visit(s) conducted on:6/28/2019 Previous Jurisdictional Determinations (AJDs or PJDs):21774 (2/14/2000); and 21774(01) (12/1/2005). Antecedent Precipitation Tool:provide detailed discussion in Section III.B. USDA NRCS Soil Survey:Web Soil Survey, National Cooperative Soil Survey(NCSS), Harris County, Texas. USFWS NWI maps:FWS NWI Web Map Services (WMS) (https://www.fws.gov/wetlands/arcgis/services/Wetlands/MapServer/WMSServer?request=GetCapabilities &service=WMS). USGS topographic maps:La Porte, Texas –1916, 1920, 1944, 1955, 1967, 1982, 1995, 2013, 2016, and 2019; League City, Texas –2019; and Seabrook, Texas –1916, 1920, 1932. Other data sources used to aid in this determination: Data Source (select)Name and/or date and other relevant information USGS SourcesN/A. USDA SourcesN/A. Other NOAA data (specify)NOAA tide gauge station 8770613, Morgans Point, Barbours Cut, TX/ USACE SourcesN/A. LiDAR data/mapsTexas Water Development Board (TWDB), Strategic Mapping Program (StratMap) Light Detection and Ranging (LiDAR) Elevation Data: 2018 Upper Page 4of 5Form Version 29 July 2020_updated U.S.ARMY CORPS OF ENGINEERS REGULATORY PROGRAM APPROVED JURISDICTIONAL DETERMINATION FORM (INTERIM) NAVIGABLE WATERS PROTECTION RULE Data Source (select)Name and/or date and other relevant information Texas Coast 0.5-Meter Bare Earth Digital Elevation Model (DEM), North American Vertical Datum (NAVD) 1988 (meters). FEMA/FIRM mapsFlood Insurance Rate Map (FIRM), Harris County, Texas and Incorporated Areas, Panel Numbers 48201C0945M and 48201C1085M (1/6/2017). Flood Zone(s): AE, 1% annual flood risk (100-year floodplain). Base Flood Elevation(s): 13-14 feet, NAVD88. Flood Insurance Study (FIS) 48201CV004C (5/2/2019). Other information (specify)N/A. B.Typical year assessment(s):None of the subject site aquatic features are in a contiguous landscape position that would be anticipated to be inundated by overbank flooding by the nearest water of the U.S., Taylor Bayou, in a typical year. The determination regarding potential inundation due to flooding by the nearest waterway is based largely upon site specific information andNOAA tide gauge data. C.Additional comments to support AJD:N/A or provide additional discussion as appropriate. Page 5of 5Form Version 29 July 2020_updated Wetland Mosaic 5 ~ 0.07 acre Swale 1 ~438.2 ft 0.04 Wetland acre . Ditch 1 ~ 1,392 ft Wetland Mosaic 2 ~ 40.4 acres 8.48 Wetland acres Swale 2 ~ 178.5 ft Wetland Mosaic 3 ~ 8.71 acres 5.66 Wetland acres East Trib ~ 288.5 ft West Trib 2 ~ 517.5 ft Wetland Mosaic 4 ~ 4.1 acres 1.88 Wetland acres West Trib 1 ~ 716 ft Wetland Mosaic 1 ~ 14.3 acres 11.03 Wetland acres 02505001,000 Esri, HERE, Garmin, (c) OpenStreetMap contributors Feet SWG-2018-00811 Dutko Family Partnership, Ltd. Approximate 107-Acre Site Approved Jurisdictional Determination La Porte, Harris County, Texas Review_Area ~ 107 ac National Geographic, Esri, Imagery: 2020 National Agriculture Imagery Program (NAIP), ! ? Garmin, HERE, UNEP- 0.6-meter True Color WCMC, USGS, NASA, ESA, Note: Review area reflects neither property boundaries nor METI, NRCAN, GEBCO, ownership. REQUEST FOR DRAINAGE & FLOODING COMMITEEAGENDA ITEM Appropriation Agenda Date Requested:January 10, 2022 Source of Funds:N/A Requested By:Lorenzo Wingate, Asst. Director Department:Public Works Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Exhibits:Ordinance; Notice to Proceed. Budgeted Item:YesNo SUMMARY & RECOMMENDATION The City of La Porte City Council approved a professional services agreement at the October 19, 2021meeting. The City of Pasadena approved a professional services agreement at their November 02, 2021 Council meeting and issued the consultant a notice to proceed, dated November 18, 2021 (ref. attachment).The kick-off meeting is scheduled for January 6, 2022. Preliminary engineering, design and bidding is expected to be completed by latethirdquarter 2022, with construction expected to begin in fourth quarter 2022. ACTION REQUIRED BY DRAINAGE AND FLOODING COMMITTEE Receive report, and provide staff with direction, as necessary. Approved for Drainage CommitteeAgenda Corby D. Alexander, City ManagerDate REQUEST FOR DRAINAGE & FLOODING COMMITEEAGENDA ITEM Appropriation Agenda Date Requested:January 10, 2022 Source of Funds:N/A Requested By:Lorenzo Wingate, Asst. Director Department:Public Works Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Exhibits:F216 ILA Packet Budgeted Item:YesNo SUMMARY & RECOMMENDATION Receive report regarding Harris County Flood Control District(HCFCD)and Harris current and future plans relatedto flooding in the City of La Porte. City of La Porte Staff has negotiated an Interlocal Agreement (ILA)with Harris County for $329,125 in funding for the F216 Phase 3 project. Staff is recommendingthe Drainage Committee to provide City Council with a recommendation to approve the ILA. ACTION REQUIRED BY DRAINAGE AND FLOODING COMMITTEE Receive report, and provide Staff with direction, as necessary. Approved for Drainage CommitteeAgenda Corby D. Alexander, City ManagerDate REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: January 10, 2022 Source of Funds:N/A Requested By:Ray Mayo, Director Department:Public Works Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Budgeted Item:YesNo Exhibits: Area Map; Opinion of Cost; Inter-local Agreement; GLO Award Notice SUMMARY & RECOMMENDATION The Brookglen Subdivision is comprised of approximately 464 residential structures. Dating back to June 1981, during each significant rain event, there have been more than 100 flood-related FEMA insurance claims within the subdivision. According to the 2009 Citywide Drainage Study, local storm water collection system has a three-year level of service, which contributes to local flood risks within the project area. The 2009 study also recommended several drainage improvement projects, intended to reduce flood risks within the Brookglen Subdivision. The Brookglen Subdivision Drainage Improvements Project is the highest prioritized drainage project, as ranked by the Drainage Committee at the August 13, 2018 Drainage Committee Meeting. After much coordination between City Staff and Harris County Staff, a combination of projects have been identified to mitigate flooding within the subdivision. Utilizing land acquired through flood-related buyouts, Harris County Flood Control District (HCFCD) intends to construct detention basins within the subdivision. Taking advantage of the additional storage capacity provided by the detention ponds, the City of La Porte plans to increase the capacity of the local storm sewer system, by increasing storm sewer pipe sizes throughout the southern half of the subdivision. Ancillary infrastructure improvements to be constructed as part of this project includes: replacing existing asbestos-concrete water lines with new PVC water line; and the replacement of approximately 46,700 square yards of 6” concrete paving throughout the project area. As separate projects, two additional detention ponds, south of Fairmont Parkway, are also planned to be constructed to complement the aforementioned projects. The City of La Porte has submitted a Partnership Project Application for the Brookglen Subdivision Drainage Improvements Project to Harris County for funding consideration. The estimated total project cost is $11,940,009.88, including engineering, material testing, and construction. Funding sources for this project include the City of La Porte, Harris County, and the Texas General Land Office, with each expecting to contribute $5,041,217.53; $2,900,023.28; $3,998,769.06, respectively (ref. Exhibit B). An inter- local agreement has been negotiated, with Harris County, for Harris County’s contribution of $3,998,769.06 for drainage related components associated with the Brookglen Subdivision Drainage Improvement Project. Benefits: Project reduces flood risks within the Brookglen Subdivision. Makes progress towards the implementation/construction of several projects identified to reduce flooding within the Brookglen Subdivision. Project addresses recommended drainage improvement identified in 2008 City-Wide Drainage Report; 2019 HCFCD Investigation of an Alternative to Reduce Brookglen Area Flooding – Phase 3 Report. Project identified in Hazard Mitigation Action Plan. Funding from Harris County allows project to be fully funded sooner. Liabilities: City would fully fund this scope of work. Flood risks are prolonged until project is fully funded. The Drainage Committee is expected to discuss this item at the January 10, 2022 meeting and provide a recommendation to City Council at the time of the January 10, 2022 City Council meeting. Staff recommends entering into an Interlocal Agreement with Harris County to receive funds for Brookglen Subdivision Drainage Improvement Project. ACTION REQUIRED BY CITY COUNCIL Authorize the City Manager to enter into an Interlocal Agreement with Harris County to receive funds for the Brookglen Subdivision Drainage Improvement Project. Approved for the City Council meeting agenda Corby D. Alexander, City ManagerDate HCFCD Agreement Number 2022-102 INTERLOCAL AGREEMENT THE STATE OF TEXAS § § COUNTY OF HARRIS § This Agreement is made and entered into pursuant to Texas Government Code Ann. 791.001, et seq. (the Interlocal Cooperation Act), by and between City of La Porte, Texas, a body corporate and politic under the laws of the State of Texas, located within Harris County, and hereinafter Harris County Flood Control District, a body corporate and politic under the laws of the State of Texas, h WITNESSETH: WHEREAS, the City desires to design and construct a project for the demolition, reconstruction and improvement of the Brookglen Storm Sewer System on its property, hereinafter referred to as the the document attached hereto as Exhibit A; and WHEREASage reduction projects that work, with appropriate regard for community and natural values, and desires to contribute to the Project to reduce the flood risk to City residents; and WHEREAS, the Texas General Land Office is willing to fund a portion of the cost of the Project through a Community Development Block Grant; and WHEREAS, the City has estimated the total cost of the Project to be $11,940,009.88, as shown in the document attached hereto as Exhibit B, and the GLO is willing to contribute a maximum of $3,998,769.06 and the City is willing to contribute a maximum of $5,041,217.54 ( ) toward the cost of the Project; and WHEREAS, the District desires to contribute a maximum of $2,900,023.28 () toward the shared cost of the drainage components of the Project; and WHEREAS, it is to the mutual benefit of the City and the District to enter into this Agreement for the use and benefit of the public. NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the Parties, the Parties agree as follows: I. Within forty-five (45) days of the execution of this Agreement by both parties, the District shall pay the City ($2,900,023.28) as the District Contribution toward the cost of the Project. The City and the Texas General Land Office will pay the remaining cost of the Project. If the City does not receive the GLO funds or receives only a portion of them, the City and the District may decide to make up for the lost funds. The City and the District, upon approval of their respective governing bodies, will each pay half of any lost GLO funding; however, the District will not pay for any non- drainage components of the Project costs that were to be covered by GLO funding. -1- HCFCD Agreement Number 2022-102 II. The City will award the construction contract for the Project in accordance with competitive bidding Project shall be final. If the City encounters environmental contamination or other issues that make it impossible to continue the Project during construction, it shall immediately halt all work until the Parties have discussed the issues presented and reached an agreement on how or whether to proceed. Under no circumstances shall the District be responsible for any remediation costs or any costs associated with environmental contamination at the Project site. If this Agreement is terminated by the City because of environmental contamination discovered at the Project Site, the City will be responsible for all costs of the Project, including reimbursement to the District for Project costs already paid out of the District Contribution, to the point of termination. III. The City will strive to engage with prime contractors and subcontractors representative of the diverse businesses of Harris County. The City will use its best efforts to afford historically underutilized minority- and woman-owned businesses (M/WBEs) a fair and equal opportunity to , as allowed by law. Nothing in this paragraph is intended to conflict with any federal M/WBE requirements. IV. Upon execution of this Agreement, the City shall prepare or cause to be prepared drawings and specifications for the Project to be constructed and perform other engineering services in connection therewith. The City shall submit the drawings and specifications to the District for review and approval. The District shall promptly review and approve the drawings and specifications, which approval shall not be unreasonably withheld. The City may make changes and amendments to the drawings and specifications within the design intent of the Project as the City deems necessary or desirable during construction and shall notify District of all such changes and amendments within two (2) calendar days after making such a change or amendment. In the event the changes or amendments result in a change in cost of the Project, the City shall obtain District approval prior to proceeding with the change. The District shall review changes or amendments and shall provide a documented decision within two (2) calendar days. Should the District fail to provide its documented decision within two days, this shall be interpreted as no objection from the District regarding the change(s) or amendment(s). In the event the changes or amendments result in a change in cost of the Project, the City shall obtain District approval prior to proceeding with the change. The District, upon approval by Harris County Commissioners Court, will pay half of any drainage-related costs that exceed the amount of the District Contribution. The City, upon approval of the City Council of the City of LaPorte, will pay the other half of the drainage-related costs and the total cost of any non-drainage element overages. V. The District shall have access at all reasonable times to the Project construction site and to all relevant drawings, specifications, contract documents, and records to verify that the Project is constructed in compliance with this Agreement. The District and Precinct 2 will receive monthly updates and invites to all progress meetings. VI. The City has been advised by the District and the City clearly understands and agrees, such understanding and agreement being of the absolute essence to this Agreement, that the District -2- HCFCD Agreement Number 2022-102 shall have available the total maximum sum of Two Million Nine Hundred Thousand Twenty- Three and 28/100 Dollars ($2,900,023.28) specifically allocated to fully discharge any and all liabilities that may be incurred by the District pursuant to the terms of this Agreement, and that any cost increases in the Project to be paid by the District must first be approved by Harris County Commissioners Court and certified as available by the County Auditor. VII. The City or the District may terminate this Agreement, without cause, upon thirty (30) notice to the other Party until such time as the City awards the construction contract for the Project, in which case any unspent portion of the District Contribution shall be returned to the District in a timely manner. Once the Project has started construction, if the City terminates this Agreement for any reason other than as stated in Paragraph II herein, the City will refund to the District any unspent portion of the District Contribution. VIII. Upon completion of the construction of the Project, the City shall provide the District with record drawings of the Project. The City will maintain the Project once it is complete. IX. Within thirty (30) days of completion of the construction of the Project, the City shall provide the District with record drawings of the Project. The City will conduct an accounting of all monies expended and distinguish which monies were spent on drainage and non-drainage components of the Project following the completion of the Project. The City will refund to the District its portion of any amount not spent as stated in this Agreement or any amendment to this Agreement. The City will maintain the Project to the extent and in the same manner as other like facilities within the City once it is complete. The District Contribution will go toward the drainage component(s) of the Project as defined as: site preparation, storm sewer improvements, pavement and sidewalk reconstruction, utility adjustments associated with storm sewer improvements, engineering and additional services related to the listed components. If the City spent any of the District Contribution on non-drainage components of the Project, the City will timely refund the portion of the District Contribution that it spent on non-drainage components. X. The City will cause to be inserted in the construction contract for the Project an agreement that the contractor will indemnify, defend, protect, covenant not to sue, release, and save and hold harmless the District and City and all their representatives from all suits, actions, or claims of any character brought on account of any injuries or damages sustained by any person or property in consequence of any neglect in safeguarding the work or through the use of unacceptable materials in the construction of the Project or any associated improvements, or on account of any act of omission by the contractor. The City will require its contractors to name the District and the City as additional insureds. XI. The Parties will endeavor to give each other at least seventy-two (72)-hours-notice of release of information regarding the Project to the news media, private citizens or community organizations; however, this article shall have no application to any release of information based upon approval of this Agreement or any amendment thereto by the governing bodies of the Parties. -3- HCFCD Agreement Number 2022-102 XII. All notices and communications under this Agreement shall be mailed by certified mail, return receipt requested, or delivered to the District at the following address: Harris County Flood Control District 9900 Northwest Freeway Houston, Texas 77092 Attention: Executive Director All notices and communications under this Agreement shall be submitted electronically to citysecretary@laportetx.gov, or mailed by certified mail, return receipt requested, or delivered to the City at the following addresses: City of La Porte 604 W Fairmont Parkway, La Porte, Texas 77571 Attention: City Manager XIII. No Party hereto shall make, in whole or in part, any assignment of the Agreement or any obligation hereunder without the prior written consent of the other Party. XIV. This instrument contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed. Any modifications concerning this instrument shall be of no force or effect, excepting a subsequent modification in writing, signed by the Parties hereto. XV. If any provision of this Agreement is construed to be illegal or invalid, this will not affect the legality or validity of any of the provisions hereof. The illegal or invalid provisions will be deemed stricken from this Agreement and deleted to the same extent and effect as if never incorporated herein. EXECUTED on ____________________________. APPROVED AS TO FORM: CHRISTIAN D. MENEFEE HARRIS COUNTY FLOOD CONTROL Harris County Attorney DISTRICT By: ___________________________ By: ___________________________ LAURA FIORENTINO CAHILL LINA HIDALGO, Senior Assistant County Attorney County Judge -4- HCFCD Agreement Number 2022-102 ATTEST: CITY OF LA PORTE, TEXAS By: ___________________________ By: ___________________________ Name: ___________________________ Name: ___________________________ Title: ___________________________ Title: ___________________________ -5- HCFCD Agreement Number 2022-102 EXHIBIT A A-1 HCFCD Agreement Number 2022-102 B-1 HCFCD Agreement Number 2022-102 THE STATE OF TEXAS § § COUNTY OF HARRIS § The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the Harris County Administration Building in the City of Houston, Texas, on ___________________________, with the following members present, to-wit: Lina Hidalgo County Judge Rodney Ellis Commissioner, Precinct No. 1 Adrian Garcia Commissioner, Precinct No. 2 Tom S. Ramsey, P.E. Commissioner, Precinct No. 3 R. Jack Cagle Commissioner, Precinct No. 4 and the following members absent, to-wit: ___________________________ constituting a quorum, when among other business, the following was transacted: ORDER AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN CITY OF LA PORTE, TEXAS AND THE HARRIS COUNTY FLOOD CONTROL DISTRICT Commissioner ___________________________ introduced an order and made a motion that the same be adopted. Commissioner ___________________________ seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: Yes No Abstain AYES: Judge Lina Hidalgo NAYS: Comm. Rodney Ellis ABSTENTIONS: Comm. Adrian Garcia Comm. Tom S. Ramsey, P.E. Comm. R. Jack Cagle The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and lawfully adopted. The order thus adopted follows: WHEREAS, the City desires to design and construct a project for the demolition, reconstruction and improvement of the Brookglen Storm Sewer System on its property, the document attached hereto as Exhibit A; and WHEREASprojects that work, with appropriate regard for community and natural values, and desires to contribute to the Project to reduce the flood risk to City residents; and WHEREASthe cost of the Project through a Community Development Block Grant; and WHEREAS, the City has estimated the total cost of the Project to be $11,940,009.88, as shown in the document attached hereto as Exhibit B, and the GLO is willing to contribute a HCFCD Agreement Number 2022-102 maximum of $3,998,769.06 and the City is willing to contribute a maximum of $5,041,217.54 cost of the Project; and WHEREAS, the District desires to contribute a maximum of $2,900,023.28 WHEREAS, it is to the mutual benefit of the City and the District to enter into this Agreement for the use and benefit of the public. NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS COUNTY, TEXAS THAT: Section 1: The recitals set forth in this order are true and correct. Section 2: County Judge Lina Hidalgo is hereby authorized to execute for and on behalf of the Harris County Flood Control District, an Interlocal Agreement by and through the Harris County Flood Control District and the City of La Porte, Texas, for a fee to be paid by the District of $2,900,023.28, said Agreement being incorporated herein by reference for all purposes as though fully set forth verbatim herein. eng La Porte B112-G001 2022-102.docx Certificate Of Completion Envelope Id: D450BBB2B4B74171917E6FB4ED202ABBStatus: Sent Subject: Please DocuSign: eng La Porte B112-G001 2022-102.docx Source Envelope: Document Pages: 9Signatures: 1Envelope Originator: Certificate Pages: 5Initials: 0Keena Tarrant AutoNav: Enabled9900 Northwest Freeway EnvelopeId Stamping: EnabledHouston, TX 77092 Time Zone: (UTC-08:00) Pacific Time (US & Canada)keena.tarrant@hcfcd.hctx.net IP Address: 74.124.47.10 Record Tracking Status: OriginalHolder: Keena TarrantLocation: DocuSign 12/20/2021 12:59:04 PM keena.tarrant@hcfcd.hctx.net Security Appliance Status: ConnectedPool: StateLocal Storage Appliance Status: ConnectedPool: Harris County Flood Control DistrictLocation: DocuSign Signer EventsSignatureTimestamp Laura Fiorentino CahillSent: 12/20/2021 1:07:46 PM laura.cahill@hcfcd.orgViewed: 12/21/2021 4:22:56 AM Security Level: Email, Account Authentication Signed: 12/21/2021 4:25:02 AM (None) Signature Adoption: Pre-selected Style Using IP Address: 172.58.200.91 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 8/27/2019 3:03:30 PM ID: 95d8aac6-45f9-4460-bb8f-ca0e5b84009c Corby D. AlexanderSent: 12/21/2021 4:25:05 AM wingatel@laportetx.govViewed: 12/22/2021 8:24:57 AM Asst. Public Works Director Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/22/2021 8:24:57 AM ID: fcf95611-ee07-4664-abd0-e840551dd8e8 Lee Woodward wingatel@laportetx.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/22/2021 8:24:57 AM ID: fcf95611-ee07-4664-abd0-e840551dd8e8 In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Sandra FloresSent: 12/21/2021 4:25:04 AM sandra.flores@hcfcd.hctx.net Harris County Flood Control District Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness EventsSignatureTimestamp Notary EventsSignatureTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted12/20/2021 1:07:46 PM Payment EventsStatusTimestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Carahsoft obo Harris County Flood Control District (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check- Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Carahsoft obo Harris County Flood Control District: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: lillie.lindner@hcfcd.hctx.org To advise Carahsoft obo Harris County Flood Control District of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at lillie.lindner@hcfcd.org and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from Carahsoft obo Harris County Flood Control District To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to lillie.lindner@hcfcd.hctx.net and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with Carahsoft obo Harris County Flood Control District To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to lillie.lindner@hcfcd.hctx.org and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check- By selecting the check- that: You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify Carahsoft obo Harris County Flood Control District as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Carahsoft obo Harris County Flood Control District during the course of your relationship with Carahsoft obo Harris County Flood Control District. REQUEST FOR DRAINAGE & FLOODING COMMITEEAGENDA ITEM Appropriation Agenda Date Requested:December 13, 2021 Source of Funds:N/A Requested By:Lorenzo Wingate, Asst.Director Department:Public Works Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Exhibits:Project map; Project update chartand Budgeted Item:YesNo Harris County Drainage Network Map SUMMARY& RECOMMENDATION Refer to attached exhibit(s) for updates on various drainage projects throughout the City. ACTION REQUIRED BY DRAINAGE AND FLOODING COMMITTEE Receive report, and provide staff with direction, as necessary. Approved for Drainage CommitteeAgenda Corby D. Alexander, City ManagerDate 8!Cbuumfhspvoe!Ftubuft!Qibtf!JJ9!Dpvqmboe!Esjwf:!Bjsqpsu!Po.tjuf!Esbjobhf!Jnqspwfnfout REQUEST FOR DRAINAGE& FLOODINGCOMMITEEAGENDA ITEM Appropriation Agenda Date Requested:January 10, 2022 Source of Funds:N/A Requested By:Lorenzo Wingate, Asst. Director Department:Public Works Account Number:N/A Amount Budgeted:N/A ReportResolutionOrdinance Amount Requested:N/A Budgeted Item:YesNo Exhibits: SUMMARY & RECOMMENDATION Opportunity to discuss any drainage concerns not covered by previous items. ACTION REQUIRED BY DRAINAGE AND FLOODING COMMITTEE Receive report, and provide staff with direction, as necessary. Approved for Drainage CommitteeAgenda Corby D. Alexander, City ManagerDate