Title
Approving a resolution with the caption reading: A Resolution of the City of Pflugerville, Texas accepting a Stormwater Facilities Maintenance Covenant, License and Agreement for Village at Wells Branch Pond Maintenance between 1305 Wells Branch LP (“Owner”) and the City of Pflugerville (“City”).
Summary
The Village at Wells Branch site development project will incorporate an aboveground detention pond to detain storm water runoff from the property. This agreement between 1305 Wells Branch LP and the City of Pflugerville spells out the owner's responsibility to maintain the facilities in perpetuity. Inspection and maintenance will be the sole responsibility of the property owner; however, in the event the system is not being properly maintained, this agreement gives the City the right to enter the property and perform any inspection, monitoring, operation, maintenance, replacement, upgrade or repair necessary for the duration of such activities and allows for the City to recover the costs associated with such actions. Reference Part III, Section B.4.b.3 of the General TPDES (Texas Pollutant Discharge Elimination System), Phase II Municipal Separate Storm Sewer System (MS4) permit, which requires that the City require the owner or operator of any new development or redeveloped site to develop and implement a maintenance plan addressing maintenance requirements for any structural control measures installed on site.
This Resolution authorizes City Manager to execute the proposed pond maintenance agreement.
Prior City Council Action
None
Deadline for City Council Action
None
Funding Expected: Revenue __ Expenditure __ N/A _X_
Budgeted Item: Yes __ No __ N/A _X_
Amount: _N/A_____
1295 Form Required? Yes __ No _X_
Legal Review Required: N/A __ Required _X_ Date Completed: __11/17/2020____
Supporting documents attached:
Resolution Document, Agreement Exhibit
Recommended Action
Motion to approve resolution as presented.