Loading...
HomeMy WebLinkAboutRES 20-233RESOLUTION NO. 20-233 A RESOLUTION OF THE CITY COUNCIL OF BEAUMONT, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE TEXAS GENERAL LAND OFFICE (GLO) FOR COMMUNITY DEVELOPMENT BLOCK GRANT —MITIGATION (CDBG-MIT) PROGRAM; AND AUTHORIZING THE MAYOR AND/OR CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER(S) AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT — MITIGATION (CDBG-MIT) PROGRAM. WHEREAS, Hurricane Harvey (DR-4332) severely impacted the City of Beaumont; and, WHEREAS, The City of Beaumont desires to increase resilience to disasters and reduce or eliminate the long-term risk of loss of life, injury, damage to and loss of property, and suffering and hardship, by lessening the impact of future disasters; and, WHEREAS, The City of Beaumont desires a viable community, including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low -to -moderate income; and, WHEREAS, The City of Beaumont aims to Affirmatively Further Fair Housing by identifying projects that overcome or do not increase patterns of residential segregation based on race, color, religion, national origin, sex, disability or family status; and, WHEREAS, it is necessary and in the best interests of the City of Beaumont to apply for funding under the Community Development Block Grant — Mitigation (CDBG- MIT) Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a Community Development Block Grant — Mitigation (CDBG-MIT) Fund application is hereby authorized to be filed by the City of Beaumont with the General Land Office for the mitigation efforts under Hurricane Harvey State Competition. Section 2. That the project detailed within the application will include the construction of the South Park Drainage Project for the City of Beaumont which has been identified as a risk due to Hurricanes/Tropical Storms/Tropical Depressions and Riverine Flooding, thereby placing undue and certain health and safety risks on residents. Section 3. That the CDBG-MIT Application request amount be filed for approximately $48,250,823.56. Ccr4inn d The City of Beaumont and DD6 agree to split the required 1 % match 50/50, based on CDBG-MIT application request amount, in the amount of approximately $241,254.12 committed by the City of Beaumont from the Capital Program -Streets and Drainage Improvements Fund. Section 5. That the total project cost is estimated at $48,733,331.80, which includes ` construction, engineering, acquisition, and administration services. • Section 6. That the City Council directs and designates the Mayor and/or City Manager as the City's Chief Executive Officer(s) and Authorized Representative to act in all matters in connection with this application and the City's participation in the Community Development Block Grant - Mitigation (CDBG-MIT) Program. Section 7. That all funds will be used in accordance with all applicable federal, state, local and programmatic requirements including but not limited to procurement, environmental review, labor standards, real property acquisition, fair housing, and civil rights requirements. Section 8. • That the City Manager be and he is hereby authorized to execute an Interlocal Agreement between the City of Beaumont and Jefferson County Drainage District No. 6 (DD6) for the South Park Drainage Project. The Interlocal Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The City Manager be and he is hereby authorized to submit an application to the Texas General Land Office for funding for the South Park Drainage Project. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 0 • PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of October, 2020. ATTEST: JIM A- MOM City Clerk is L' Mayor B_ 1 _ INTER -GOVERNMENTAL AGREEMENT BETWEEN CITY OF BEAUMONT AND JEFFERSON COUNTY DRAINAGE DISTRICT NUMBER 6 STATE OF TEXAS CITY OF BEAUMONT This Agreement between the CITY OF BEAUMONT, TEXAS, whose address is 801 Main Street, Beaumont, Texas 77701 hereinafter referred to as "City" and the JEFFERSON' COUNTY DRAINAGE DISTRICT NUMBER 6 whose address is 6550 Walden Road, Beaumont, Texas 77720 hereinafter referred to as "Drainage District No. 6", under the authority of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code as follows: WHEREAS, the City and Drainage District No. 6 will submit a joint application for Texas General Land Office — Community Development Block Grant (CDBG) Hurricane Harvey State Mitigation Competition funds to the Texas General Land Office in an amount not to exceed $49,000,000.00, with the City acting as the lead entity. WHEREAS, the CDBG Hurricane Harvey State Mitigation Competition Contract (CDBG-MIT) will provide for a river diversion project from the South Park area of Beaumont. WHEREAS, the City and Drainage District No. 6 are desirous of reciting in writing certain duties and obligations between the parties hereto: FOR AND IN CONSIDERATION of the mutual benefits flowing to the Drainage District No. 6 as well as .the City as a result of the joint application and the receipt of a contract award under the CDBG Hurricane Harvey State Mitigation Competition and in consideration of Ten Dollars ($10.00) and other good and valuable considerations *the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. If awarded the CDBG-MIT funding for an amount not to exceed $49,000,000.00, the City and the Drainage District No. 6 agree to split 50/50 the 1% contribution of matching funds estimated at $490,000. 2. In the event any costs at the request or under the direction of/or approved by the City which are determined by the Texas General Land Office to exceed actual or reasonable costs for performances rendered under said Texas General Land Office CDBG Hurricane Harvey State Mitigation contract, the City will be responsible and pay for any such costs. 3. The Project Engineer shall coordinate with the City and Drainage District No. 6 on all plans and specifications. 4. Prior to the bidding process, the Project Engineer shall submit specifications to the City and the Drainage District No. 6 for approval: EXHIBIT "A" 5. The City shall fully and satisfactorily perform all of the conditions and obligations as lead entity under the terms of the CDBG-MIT Contract. 6. The City shall submit such reports as are required by the CDBG-MIT Contract. 7. The -City and/or the Drainage District No. 6 may terminate this Contract in whole or in part at either of the following times: (1) Upon notification by the GLO of the termination of said CDBG-MIT contract, or (2) upon a violation of the terms of the Contract by other parry. 8. The parties agree that all land purchases and improvements placed thereon, and all drainage facility improvements acquired by funds from said CDBG-MIT contract and/or purchased or provided by the City shall be conveyed in fee simple to the City upon completion of the grant contract. In consideration therefore, the City agrees and Will assume all legal responsibilities and obligations connected with the improvements and operation of said drainage facilities. 9. This is a good faith effort between the City and the Drainage District No. 6 to accommodate and assist the citizens of Beaumont by providing improved drainage to the project target area and each of the entities here do pledge their best efforts to fulfill the obligation set forth herein as well as the obligations and requirements set forth in said CDBG-MIT contract if awarded by the Texas General Land Office, the same being incorporated herein by reference the same as if fully set forth in this Contract. CITY OF BEAUMONT WITNESS OUR HANDS effective this day of , 2020. Kyle Hayes, City Manager City of Beaumont ATTEST: Tina Broussard, City Clerk City of Beaumont JEFFERSON COUNTY DRAINAGE DISTRICT NUMBER 6 WITNESS OUR HANDS effective this day of C�% , 2020. Joshua'Cr. Allen, esident JefferW n County Drainage District Number 6 ATTEST: x les "Chuck'"Chuckt Guillory, Ucretary Jefferson County Drainage District Number 6 INTER -GOVERNMENTAL AGREEMENT BETWEEN CITY OF BEAUMONT AND JEFFERSON COUNTY DRAINAGE DISTRICT NUMBER 6 STATE OF TEXAS CITY OF BEAUMONT This Agreement between the CITY OF BEAUMONT, TEXAS, whose address is 801 Main Street, Beaumont, Texas 77701 hereinafter referred to as "City" and the JEFFERSON COUNTY DRAINAGE DISTRICT NUMBER 6 whose address is 6550 Walden Road, Beaumont, Texas 77720 hereinafter referred to as "Drainage District No. 6", under the authority of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code as follows: WHEREAS, the City and Drainage District No. 6 will submit a joint application for Texas General Land Office — Community Development Block Grant (CDBG) Hurricane Harvey State Mitigation Competition funds to the Texas General Land Office in an amount not to exceed $49,000,000.00, with the City acting as the lead entity. WHEREAS, the CDBG Hurricane Harvey State Mitigation Competition Contract (CDBG-MIT) will provide for a river diversion project from the South Park area of Beaumont. WHEREAS, the City and Drainage District No. 6 are desirous of reciting in writing certain duties and obligations between the parties hereto: FOR AND IN CONSIDERATION of the mutual benefits flowing to the Drainage District No. 6 as well as the City as a result of the joint application and the receipt of a contract award under the CDBG Hurricane Harvey State Mitigation Competition and in consideration of Ten Dollars ($10.00) and other good and valuable considerations the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: If awarded the CDBG-M1T funding for an amount not to exceed $49,000,000.00, the City and the Drainage District No. 6 agree to split 50/50 the 1% contribution of matching funds estimated at $490,000. 2. In the event any costs at the request or under the direction of/or approved by the City which are determined by the Texas General Land Office to exceed actual or reasonable costs for performances rendered under said Texas General Land Office CDBG Hurricane Harvey State Mitigation contract, the City will be responsible and pay for any such costs. 3. The Project Engineer shall coordinate with the City and Drainage District No. 6 on all plans and specifications. 4. Prior to the bidding process, the Project Engineer shall submit specifications to the City and the Drainage District No. 6 for approval. 5. The City -shall 'fully and satisfactorily perform all of the conditions and obligations as lead entity under the terms of the CDBG-MIT Contract. 6. The City shall submit such reports as are required by the CDBG-MIT Contract. 7. The City and/or the Drainage District No. 6 may terminate this Contract in whole or in part at ;either of the following times: (1) Upon notification by the GLO of the termination of'said CDBG-MIT contract, or (2) upon a violation of the terms of the Contract by other party. 8. The parties agree that all land purchases and improvements placed thereon; and all drainage facility improvements acquired by funds from said CDBG-MIT contract and/or purchased or provided by the City shall be conveyed in feesimple to the City upon completion of the grant contract. In consideration therefore, the City agrees and will assume all legal responsibilities and obligations connected with the improvements and operation of said drainage facilities. This is a good faith effort between the City and the. Drainage District No: 6 to accommodate and assist the citizens of Beaumont by providing improved drainage to the project.,"target, area and each of the entities here do. pledge their best efforts to fulf ll the obligation set forth herein as well as the obligations and requirements set forth in said CDBG-MIT contract if awarded by the Texas General Land Office, the same being, incorporated herein by reference the same as if fully set forth_ in this Contract. CITY OF BEAUMONT WITNESS OUR HANDS effective this day of 2020. Kyle Hayes, City Manager City of Beaumont :Mp*u Tina Broussard, City Clerk City of Beaumont JEFFERSON COUNTY DRAINAGE DISTRICTNUMBER 6 WITNESS. OUR HANDS effective this 1� day of v " , 2020. Joshu . Alldn,. esident Jeffer n County Drainage District Number 6 ATTEST: dhi(rles. "Chu& '. Gulllory, Ucretary Jefferson County Drainage District Number 6,