HomeMy WebLinkAboutRES 20-240RESOLUTION NO. 20-240
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Memorandum of
Understanding between the City of Beaumont and Lower Neches Valley Authority
(LNVA) relating to Texas General Land Office grant funding for a proposed 1,100 acre
reservoir and a proposed water treatment plant. The Memorandum of Understanding is
substantially in the form attached hereto as Exhibit "A" and made a part hereof for all
purposes.
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.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of
October, 2020.
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MEMORANDUM OF UNDERSTANDING
BETWEEN
LOWER N ECH ES VALLEY AUTHORITY
AND
CITY OF BEAUMONT, TEXAS
This Memorandum of Understanding (MOU) is made and entered into effective the date(s) hereinafter
stated by and between the Lower Neches Valley Authority ("LNVA") and the City of Beaumont, Texas (the
"City"). Both LNVA and the City acknowledge and concur with the following:
WHEREAS, the LNVA, a conservation and reclamation district, a political subdivision of the State of Texas,
desires to construct a freshwater supply reservoir of approximately 1,100 surface acres located on the
northwestside of Beaumontto provide a reserve supply of freshwater in the event of a natural disaster
wherein its pumping plants cannot supply customerdemand.
WHEREAS, the City of Beaumont, a body politic and corporate, with a beneficiary population of
approximately 133,000 persons served by its municipal drinking water system, desires to construct a new
15 Million Gallon per Day (MGD) surface water treatment plant on the northwest side of Beaumont for
provision of potable drinking waterand fire protection to its service area.
WHEREAS, the City of Beaumont requests and the LNVA agrees to provide an amount of freshwater
needed to supplythe proposed 15 MG D surface watertreatment plant, thereby incorporating the City of
Beaumontintothe LNVA's customer base.
WHEREAS the City of Beaumont water distribution system has been subjected to the detriment of multiple
flooding and salt water intrusion events including Hurricane Ike in 2008, Hurricane Harvey in 2017, and
Tropical Storm ImeIda in 2019.
WHEREAS, the LNVA has endured the inundation of its pumping facilities during Hurricane Harvey in 2017
potentially rendering it unable to supply freshwaterto its municipal wholesale customers with an existing
population totaling approximately 115,000.
WHEREAS, the LNVA and the City of Beaumont have a mutual interest in the prolonged ability to provide
its respective customers, totaling in excess of 245,000 persons, with a reliable watersource.
WHEREAS, the United States Department of Housing and Urban Development (HUD) allocated
$4,297,189,000 in Community Development Block Grant (CDBG) -Mitigation (MIT) funds to the State of
Texasthrough their notice published in the Federal Register, 84 FR 45838 (August 30, 2019).
WHEREAS, the Texas General Land Office (GLO) has been designated by Governor Greg Abbott to
administer CDBG-MITfundson behalf of the State of Texas.
WHEREAS, the GLO's State of Texas CDBG Mitigation Action Plan: Building Strongerfor a Resilient Future
(the Action Plan) outlines the use of funds, programs, eligible applicants, and eligibility criteria for these
CDBG-MITfunds and divides the$4,297,189,000 CDBG -MITfundsamong eleven (11) mitigation programs,
including three (3) competitions which provide the opportunity for local applicants to identify potential
mitigation projects within their own communities and apply directly to the GLO forfunds.
EXHIBIT "A"
WHEREAS, one (1) of the three (3) competitions is the "Hurricane Harvey State Mitigation Competition".
WHEREAS, both the LNVA and the City own and operate assets within Jefferson County,Texas, an eligible
county designated forthe Hurricane Harvey State Mitigation Competition.
WHEREAS, the LNVA and the City of Beaumont each intend to apply for grant funding under the
aforementioned program and recognize that their respective projects are mutually beneficial.
NOW, THEREFORE, in consideration of the benefits to the constituents within the service areas and the
State of Texas, The Board of Directors of the Lower Neches Valley Authority and the City Council of the
City of Beaumont, Texas, acting in consortium, find it appropriate to enter into this Memorandum of
Understanding and hereby assert the following:
1. The City of Beaumont intends to obtain raw surface water from the LNVA for treatment at its
proposed 15 MGDsurface watertreatment plant located in northwest Beaumont.
2. The LNVA has capacity and is willing to provide said 15 MGD raw surface water supply to the
proposed City of Beaumont surface watertreatment plant.
3. The LNVA's proposed 1,100 acre reservoir, located in northwest Beaumont, provides a benefitof
prolonged reliability of the surface water supply during a natural disastersimilar to that which has
rendered the City'swatersystem ineffective in the past.
4. Each party will provide timely progress updates to the other as the project(s) develop and/or
change(s).
LOWER NECHES VALLEY AUTHORITY
Approved by a vote of the Board of Directors on the 20th day of October, 2020.
Jeanie Turk, Board President Date
CITY OF BEAUMONT, TEXAS
Approved by a vote of City Council on the day of October, 2020.
Becky Ames, Mayor Date