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,