Title
Consider and take action on a resolution authorizing an Agreement with Lakeside Bayou, LLC, a Texas limited liability company to develop a 200-acre-foot detention facility within their development in an amount of $4,840,000 for the Bayridge Flood Reduction Phase 4 project (DR1904) (Executive Director of Capital Projects)
Background:
Approval of this resolution will authorize an Agreement with Lakeside Bayou, LLC, a Texas limited liability company to develop a 200-acre-foot detention facility within their development in an amount of $4,840,000 for the Bayridge Flood Reduction Phase 4 project (DR1904).
The Bayridge subdivision has been historically prone to flooding during major storms due to inadequacies in the storm system inside the neighborhood and undersized detention facilities. The Gum Bayou Watershed is impaired due to the limited conveyance capacity of Gum Bayou. The 2019 GO Bond Program provided funding for four phases of improvements within the watershed. Phases 1 thru 3 were Bay Ridge subdivision specific projects which consists of neighborhood storm sewer and inlet improvements (completed in 2022), construction of a stormwater pump station and expanding the volume of the existing detention pond (project is 90% complete at this time) and rebuilding Bay Ridge Drive to reduce the ability of stormwater sheet flow from SH 96 diverting into the neighborhood (construction recently started on this project). The 4th and final phase of improvements were initially packaged as a Bay Ridge Project with the first 3 phases to help better meet the minimum requirements for available grants after Hurricane Harvey and is called Bay Ridge Flood Reduction, Phase 4 Project. This name is a misnomer as this project will actually help residents within the Bay Ridge, Hidden Lakes, and Whispering Lakes subdivisions, Hidden Lake Commercial Tracts, and the CCISD Educational Village by improving stormwater conveyance within Gum Bayou. This conveyance project requires approximately 275 acre-feet of detention mitigation. Approval of this resolution will allow Staff the ability to account for 200 acre-feet of the needed mitigation within the proposed Lakeside Bayou development’s detention ponds. Council has set the current budget for Phase 4 at an all-in amount of $12M.
The City and Lakeside Bayou, LLC have been working together to negotiate an opportunity for the City to acquire 200 acre feet of detention in the Lakeside Development (Galveston County MUD 53) detention facility. Acquisition of this detention capacity will substantially reduce the need for the City to acquire and develop such a large detention facility. Instead, the City will only have to develop 75 acre-feet of detention either within Gum Bayou or on a much smaller site. This proposed Lakeside development is located south of FM 646 in the City of Texas City. League City and Lakeside have coordinated with Texas City and they do not have objections to this plan but recommended an interlocal agreement be prepared.
The agreement outlines the purchase terms of the 200 acre-feet of capacity within the Lakeside Development detention pond for the fixed amount of $4,840,000. This payment will be made via a schedule of progressive payments based on a percentage of project completion. A project commencement of construction deadline of 24 months from the effective date of the agreement is set to coincide with the City’s need for detention capacity once construction of Bayridge Ph 4 gets underway. A performance bond has been requested to ensure completion of the developer’s detention facility. Other aspects are covered such as review of the developers plans, inspection and acceptance of the work, as well as future maintenance responsibilities.
Acquisition of this detention facility will allow the City to finalize the proposed Bayridge Phase 4 design and construction scope so this final phase can get underway. USACE permitting will be required, so it will take a few years to complete design, permitting and construction. As separate projects, League City will improve Gum Bayou upstream and need to construct a weir structure on the detention pond levee to allow storm water in and out of the new detention pond.
Attachments:
1. Proposed Resolution
2. Exhibit A - Detention Facility Agreement
3. CIP Project Sheet
4. CIP Aerial Map
FUNDING
{X} Total funding in the amount of $4,840,000 is available from the PROP A (Drainage) 2021 GO Bond issuance, fund 5270, with expenses charged to DR1904-CONSTRUCT-CONSTRUCT-21PROPA.
STRATEGIC PLANNING
{X} Addresses Strategic Planning Critical Success Factor #1: Develop and Maintain our Infrastructure.