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HomeMy WebLinkAboutRES 20-231RESOLUTION NO. 20-231 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: 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 Tyrrell Park Detention Project. The Interlocal Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes; and, BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized to submit an application to the Texas General Land Office for funding for the Tyrrell Park Detention 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of October, 2020. INTER -GOVERNMENTAL AGREEMENT BETWEEN JEFFERSON COUNTY DRAINAGE DISTRICT NUMBER 6 AND CITY OF BEAUMONT STATE OF TEXAS COUNTY OF JEFFERSON This Agreement between JEFFERSON COUNTY DRAINAGE DISTRICT NUMBER 6, whose address is 6550 Walden Road, Beaumont, Texas 77707 hereinafter referred to as "DISTRICT" and the CITY OF BEAUMONT, TEXAS whose address is 801 Main Street; Beaumont, Texas 77701 hereinafter referred to as "CITY", under the authority of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code as follows: WHEREAS, the DISTRICT and the CITY 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 $49,605,000.00, with the DISTRICT acting as the lead entity.. WHEREAS, the CDBG Hurricane Harvey State Mitigation Competition Contract (CDBG-MIT) will provide for a detention project in the Tyrrell Park area of Beaumont. WHEREAS, the DISTRICT and the CITY 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 DISTRICT 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-MIT funding for an amount not to exceed $49,605,000.00, the DISTRICT agrees to pay the 1 % contribution. of matching funds estimated at $496,050.00. 2. In the event any costs at the request or under the direction of/or approved by the DISTRICT 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 DISTRICT will be responsible and pay for any such costs. 3. The DISTRICT ENGINEER hereinafter referred to as the "PROJECT ENGINEER" shall coordinate with the CITY and the DISTRICT on all plans and specifications. EXHIBIT "A" 4. Prior to the bidding process, the Project Engineer shall submit specifications to the DISTRICT and the CITY for approval. 5. The DISTRICT shall fully and satisfactorily perform all of the conditions and obligations as lead entity under the terms of the CDBG-MIT Contract. 6. The DISTRICT shall submit such reports as are required by the CDBG-MIT Contract. 7. The DISTRICT and the CITY 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 fee simple to the DISTRICT upon completion of the grant contract. In consideration therefore, the DISTRICT 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 DISTRICT and the CITY to accommodate and assist the citizens within Jefferson County Drainage District No. 6, 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. JEFFERSON COUNTY DRAINAGE DISTRICT NUMBER 6 WITNESS OUR HANDS effective this day of U2 2020:. Jo a W. Allen, President Jdfferson County Drainage District Number 6 ATTEST: Charles " ck" Guill6ky, Secretary Jefferson County Drainage District Number 6 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 INTER -GOVERNMENTAL AGREEMENT BETWEEN JEFFERSON COUNTY DRAINAGE DISTRICT NO.6 AND CITY OF BEAUMONT STATE OF TEXAS COUNTY OF JEFFERSON This Agreement between JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6, whose address is 6550 Walden Road, Beaumont, Texas 77707 hereinafter referred to as "District" and the CITY OF BEAUMONT, TEXAS whose address is 801 Main Street, Beaumont, Texas 77701 hereinafter referred to as "City", under the authority of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code as follows: WHEREAS, the District and the City 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 $49,605,000.00, with the District acting as the lead entity. WHEREAS, the CDBG Hurricane Harvey State Mitigation Competition Contract (CDBG-MIT) will provide for a detention project in the Tyrrell Park area of Beaumont. WHEREAS, the District and the City 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 District 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 $49,605,000.00, the District agrees to pay the 1% contribution of matching funds estimated at $496,050.00. 2. In the event any costs at the request or under the direction of/or approved by the District, 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 District will be responsible and pay for any such costs. 3. The District Engineer hereinafter referred to as the "Project Engineer" shall coordinate with the District and the City on all plans and specifications. 4. Prior to the bidding process, the Project Engineer sh4ll submit specifications to the District and the City for approval. 5. The District shall fully and satisfactorily perform all of the conditions and obligations as lead entity under the terms ofthe CDBG-MIT Contract. 6. The District shall submit such reports as are required by the CDBG-MIT Contract r. 7. The District and the City 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-NIIT contract, or (2) upon a violation of the tP4,11s of the Contract by other ply. 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 granted a drainage easement to the District upon completion of the grant contract. In consideration therefore, the District agrees and willassume all legal responsibilities and obligagons connected with the improvements and operation of said drainage facilities. 9. This is a good faith effort between the District and the City to accommodate and as the citizens within Jefferson County Drainage District No. 6, 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. JEFFERSON COUNTY DRAINAGE DISTRICT NO. WITNESS OUR HANDS effective thi day of 2020. Pr ' ent, Board of Directors Jefferson County Drainage District No. 6 ATTEST: V� Secretary, Board of Directors Jefferson County Drainage District No. 6 CITY OF BEAUMONT WITNESS OUR HANDS effective this altday of OcbbeR, 2020. Kyle Hayes, City Manager City of Beaumont ATTEST: vACJ Tina Broussard, City Clerk City of Beaumont IIIIIIIIIIIIIIIIIIIIIIIII EAS 2020033955 DRAINAGE EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON CITY OF BEAUMONT, whose address is 801 Main Street, Beaumont, Texas 77701, (hereinafter called "GRANTOR', for and in consideration of the sum of TEN AND N01100 DOLLARS ($10.00), in hazed paid and other good and valuable consideration, the receipt and sufficiency of which is hereby aclmowledged, and subject to the reservations and exceptions described herein, does hereby GRANT, BARGAIN, SELL and CONVEY unto Jefferson County Drainage DistrictNo. 6 (hereinafter called "GRANTEE"), its successors and assigns, a perpetual drainage easement for constructing, operating and maintaining stonnwater drainage ditches, berms and related facilities in, on, over and across the lands described herein, attached hereto and made a part her2of as though here copied verbatim, for drainage purposes. The drainage easement, situated in the Christian Hillebrandt League, Abstract 28, Beaumont, Jefferson County, Texas, is more particularly described as follows, to -wit: Tyrrell Park Detention H EASEMENT Being out of that certain tract of land conveyed to the City of Beaumont and recorded in the Real Property Records, Film File 103-03-0258; and being that portion of said tract which lies East of the right-of-way for Hillebrandt Bayou, recorded in Volume 251, Page 150 of the Deed Records of Jefferson County, Texas; and North of the right-of-way for the Moore Street Ditch, as recorded in Volume 1538, Page 198 of the Deed Records of Jefferson County, Texas; said rights -of -way being conveyed to Jefferson CountyDrainage District No. 6. Said portion being depicted on the attached Exhibit "A" incorporated herewith as reference. Such drainage easement is granted over GRANTOR's lands to improve the flow of water drainage from tributaries located within Jefferson County, Texas, and to construct and excavate detention basins, ditches and laterals, and to construct all necessary and related structures, whether temporary or permanent thereon for the pooling and flow of waters, and giving said GRANTEE the right and privilege to improve, maintain and operate the same as permitted by law, and giving unto GRANTEE the right and privilege of cleaning out and deepening basins; ditches, or water flows within the easement tract. The drainage easement also includes the right of GRANTEE to construct, operate, maintain, alter, repair and patrol each drainage easement, and the improvements made thereto, together with the right to construct any necessary temporary or permanent drainage structure, construct and utilize dirt placement areas, restrict any future use or placement of obstructions within the drainage easement that incompatible with GRANTEE's easement, remove all dirt therefrom, trim, cut, fell and remove therefrom all trees, underbrush, obstructions and other vegetation, structures or obstacles within the limits of the drainage easement at any time and for any. reason during the term of this easement without further payment; and further including the right to construct improvements above ground and underground essential to the GRANTEE's drainage facilities, within the limits of said drainage easement. Notwithstanding the foregoing devise, the following reservations and exceptions will apply to and limit the conveyance of the easement described herein: 1. GRANTOR reserves unto itself, its successors and assigns, the right to exercise all such interests, rights, and privileges as it may now have or may hold in the future without unreasonably interfering with or abridging the rights and easements conveyed herein. 2. The consideration recited in this drainage easement shall constitute payment in full for all damages sustained by GRANTOR by reason of GRANTEE's exercise of the rights hereby granted. City of Beaumont Drainage Easement Tyrrell Park Detention lI Project Pagel oft This instrument was prepared from information famished by the parties and no examination has been made and no opinion has been given by the firm preparing this instrument as to the title to or the description of the property involved. TO HAVE AND TO HOLD the above described drainage easement and right of way unto the said Jefferson County Drainage District No. 6, its successors and assigns perpetually. WITNESS the execution hereof on this ig(p day of VCt 6tr- 2020. GRANTOR: CITY OF BEAUMONT By: / J� Printed Name: k `� l-t Q t Title: J STATE OF TEXAS COUNTY OF JEFFERSON This Drainage Easement was acknowledged before me, the undersigned authority, on the 9,6 day of (9 c* be, , 2020, by Kyle, Haves the C� �V Gr �� L'r on behalf of the City of Beaumont. ANGELAMARIETHOMAS Notary ID #10455072 My Commission Expires �'�►er�� July 3, 2021 After recording return to: Dr. Joseph Majdalani, PE, CFM Jefferson County Drainage District No. 6 6550 Walden Road Beaumont, Texas 77707 DC/pk/Easement Notary Public, State of Texas City of Beaumont Drainage Easement Tyrrell Park Detention H Project Page 2 of 2 Z` pys�°� ek5 O ti is I o /�'ti 105 ``.��;, dA• of 5 pyst<° v� s Stet 9� - - PbgtC° Jefferson County 'X, Drainage District No. 6 > D.R.J.C. Vol. 251 Pg. 150 200' Wide Right —of —Way t` C 7.5 N�ct pbg I ;;. Proposed Jefferson County a Drainage District No. 6�:°, Gran9I6 - Drainage Easement �. Sic°ct i� r?0 CD O p City of Beaumont Film File 103-03-0258 Called 2183.50 Acres I I pg� nu F - Jefferson County I Ba Drainage District No. 6 D.R.J.C. Vol. 1538 Pg. 198 10� 0 2 I Called Lower Moore Street Ditch Tract 5 Ritter Ranch LLC R.P.R.J.C. File 2012030823 Called 134.14 Acres 109—A Ca�.ine4 I - Pbg oct 1 1103 w I o / II A Prepared By Jefferson County iDrainage District No. 6 Engineering Department 100-Hillebrendt Bayou aty of Beaumont.DWG Legend: Ditch Centerline --- 0wnershlp/Lot Line Subject Properly Ja 1 Abshact/Section fine ( Jefferson County 1 Drainage District No. B Depiction of a portion of the City of Beaumont Tract Exhibit "A" / J / (Not a Survey) CONFORMED COPY OFFICIAL PUBLIC RECORDS Carolyn L. Guidry, County Clerk Jefferson County, Texas November 05, 2020 10:26:38 AM FEE: $34.00 2020033955