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Home My WebLink AboutRES 21-242RESOLUTION NO. 21-242 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 purpose of waiving permit fees for any future drainage related improvements that DD6 may perform on City property, rights -of -way or easements and future City infrastructure improvements that the City may perform while on DD6 property, rights -of -way or easements The Interlocal Agreement 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 12th day of October, 2021. - Mayor Robin Mouton - INTERLOCAL AGREEMENT FOR WAIVER OF PERMIT FEES Between JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 and THE CITY OF BEAUMONT STATE OF TEXAS § § COUNTY OF JEFFERSON § This Agreement between the Jefferson County Drainage District No. 6, a special district of the State of Texas (hereinafter called "DISTRICT") and the City of Beaumont, a home rule city of the State of Texas (hereinafter called "CITY"). Both entities (the "Parties") are authorized to enter into interlocal agreements in accordance with Title 7 of the Government Code of the State of Texas, Section 791.001 et seq. WHEREAS, the Parties have determined that waiving permit fees for projects benefiting the citizens of Beaumont and Jefferson County, Texas are in the public's best interest. WHEREAS, the Parties acknowledge this Agreement is needed to outline the specific fees intended to be waived. THEREFORE, upon the mutual covenants, conditions, and promises contained herein, the Parties agree as follows: Page 1 �XFiTSIT�'A„-� WITNESSETH 1. "Drainage Related Improvements" for the purpose of this Agreement shall mean additions, modifications or maintenance, including but not limited to, storm sewers, drainage systems, drainage structures, spillways, catch basins, gates, detention basins, ALERT stations or drainage patterns intended to address safety issues, increase or improve flow capacity, or improve the water quality. 2. "Infrastructure Improvements" for the purpose of this Agreement shall mean additions, modifications or maintenance, including but not limited to, water, sewer, roadway, traffic control, and flood sensor projects intended to address safety issues, increase or improve flow capacity, roadway capacity, or improve the water quality. 3. The CITY agrees to waive permit fees for any future drainage related improvements that the DISTRICT may perform on CITY property, rights -of -way or easements. 4. The DISTRICT agrees to waive permit fees for any future CITY infrastructure improvements that the CITY may perform while on DISTRICT property, rights -of -way or easements. 5. The CITY and the DISTRICT will not waive permit fees for the construction of any building structures that do not pertain to the sole purpose of drainage. 6. This Agreement shall remain in effect for four (4) years. Either Party may terminate this Agreement by providing written notice to the non -terminating Party's agent of contact within thirty (30) days prior to the date of termination. Notice shall be provided to the following: DD6/City Interlocal Agreement Waiver of Permit Fees Page 2 of 4 To the City: City of Beaumont Kyle Hayes, City Manager P.O. Box 3827 Beaumont, Texas 77704 Telephone: 409-880-3725 Email: 1!��rle.hgyes(@beaumonttexas.gov To the District: Jefferson County Drainage District No. 6 Dr. Joseph G. Majdalani, PE, CFM, General Manager 6550 Walden Road Beaumont, Texas 77707 Telephone: 409-842-1818 Email: jmaidalani(Ddd6.org 7. This Agreement is not intended to create a joint venture between the Parties and represents the entirety of the Agreement between the Parties. Any amendments to this Agreement must be in writing and attached hereto. Both Parties agree that they have legal authority to enter into this Agreement and commit to the terms herein. The Parties hereby agree to be bound by the terms herein. JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 WITNESS OUR HANDS effective this day of , 2021. ATTEST: By: Printed Name: Title: Joshua W. Allen, Sr. President, Board of Directors Jefferson County Drainage District No. 6 DD6/City Interlocal Agreement Waiver of Permit Fees Page 3 of 4 CITY OF BEAUMONT WITNESS OUR HANDS effective this day of , 2021. ATTEST: By: Printed Name: Title: JM / pk/ windword/ interlo cats Kyle Hayes City Manager City of Beaumont DD6/City Interlocal Agreement Waiver of Permit Fees Page 4 of 4 INTERLOCAL AGREEMENT :FOR WAIVER OF PERMIT FEES Between JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6 and THE CITY ,QFBEAUMONT STATE OF T E X AS §: COUNTY OF JEFFERSON This Agreement between the Je0erson County Drainage District No. 6, a. pedal ,district, of the State of Texan T -CT (hereinafter called ",DIS R! and the City of, geaumont,, ahome rule city of the State of Texas (hereinafter called d Both entities (the "Pardee) are authorizedto enter- into miterloc al agreements in accordance with Title :7 of the Government Code of the State -of Texas, Section. 791001 etseq. WHEREAS, the! Parties have determined, that waiving permit fees for projects benefiting the citizens, of ;Beaumont and Jefferson County, Texas are in the public's best interest.. WHEREAS, "the Parti.10. acknowledge this -Agreement is needed to outline the :spociric fees,.int6ndedto bel waived. THEREFORE;, upon the mutual covenants* conditions,,, and promises contain d:'h'ereih the Partiesagree as follows: Page I I T N -E,,, S S XT 0 "Drainage,! Related In provemeht's" for- the purpose cifthis A-greerxien - ' 't shall mean additions, modifications or maintenance; including but not limited to, .s storm ' t - sewers-, drainage systems, drainage structures,, spillways, ;catch basins, gates, detention basins,, ALERT stations or draiha ge, patterns intended to address safety- -issues-. increase or ,improve now" capacity; or improve: the water quality. 2�. "Infrastructure Improvements!' for the purpose of, this Agreement shall ,mi eari additions-, modifications or maintenance., including but' ,not limited to;. water sewer; roadway, traffic ,control,;, and flood. sensor prqjects 'tended to address safetysues, increase ncr is ease, or iniproVe flow capacity, roadway, capacity;, or improve the water -quality, - - future- ;�� - ated- 3.The C-ITYagrees A6 waive PO fees, for.,any,dra m. rel, ,improvements that, the :DISTRICT may'perforlm, On CITY property,, rights-of-wl.qy!br easemerits. 4,.: 'TheDISTRICT agees to, waive permit fees f6r any future CITY infrastructure improvements that the CITY may perform, while on DISTRICT'propetty, rights-of-way or casements-. The. and 'the DISTRICT will not waive permit fees. for the, construction of, any building str, U, ctures"that do riot: pektain to the sole purpose ofd . ', , pps�e , rainage.. 6., This ;Agreement :shall, remain in effect for four (4;) years. 'Either 'Party, ;may terminate this Agreeippent, by prov iding written notice to the: non7ter- m1natine Party',s� agent a " n ofcontact within, thirty .(3-0,);,0-4ys,prior `to. the date of termination.. Notice. shall'be Provided to the following! DD6/City iriterlocal, Agreement, W.4iVeIr, of Permit Feels, hige, 2 -of 4 To the City: City bf'Beaum ont Kyle Hayes, CjtyManqgpr R.O. Box a827 Beaumont, Texas, 77704 'Tolephone: 40-0-880-37725 Email: ,vlehgpLe,§gbe8:utift:ont-texas�g6 To the bistrict. Jefferson County .Dralh4g6'bistrict,N''oi 6 sep', G, Ma"dalan"i. PE, rc General Or. � J6 h( ev, anager 6-5.50 Walden Road Beaumont,� '77 ._Tex4si7 07 Tdlephori6'.409-84.2-18-18 Email: imai-dO A-ni(@dd6.br 7. This. Agreement is not intended to create a Joint - venture between, the 9� Parties and represcrits the entirety of the Agreement between the, Partiog., Any amendments, to this, Agreement mustmi 'be, writing ,and attached ,hereto.Both Par6es, agree that they have legal- authority to: enter into this, Agreement' and b6niinit, 'to the; terms The, Parties ,hereby agree. to be• bound. by the terms. herein. JEFF,EltSON'COUNTY DRAINAGE ,DISTRICT ,NOI.i.-6t W.IT.NES;S:Ou,,k,�lA�ND,S-,,effectivp th-is,/,-j2,day , of lQP- M 2021. ul-� V-V,,AHem Sr, Jos. Pre-S"Ient, Board of Directors Jefferson Qd-atity.-Dr-a"'mag6Disi-r,it,t No., 6 ATTEST: By; Printed .Name; :74V4- -65 -4 _ Title: 7-/,'S7, BUT DIVOty, -'PInfdr-locat,A gTe-ement, W4jverof,' Fees' Page,,3 of 4 CITY OFBEAUMONT WITNESS OUR HANDS effective this . i's 202 1. ATTEST,:,, Printed Name- Tina Broussard Title:, Cily,'Clerk KI'vie. Hayes City Manager City of:Beaumont DD6/City Interlocal Agreement. Waiver of Pei-mit Fees Pe(g.el 4 Of4 THE STATE OF TEXAS THE COUNTY OF JEFFERSON JEFFERSON COUNTY DRAINAGE DISTRICT NO. 6. Agenda °Item 10 RESOLUTION BE 'IT REMEMBERED- that,: 'at .a meeting of the Board of Directors of Jefferson County Drainage ,District No., 6, of :Jefferson. County,, Texas, at which a quorum was .present, held after proper notice according to. law on the: 12th day -of October 2021, on a motion -made by Charles '".Chuck".Kiker,'III and seconded: by. Charles "Chuck" Guillory Ithe following ',Resolution was, duly adopted by vote of Board Members presgnt and voting as follows:: Director Joshua- W. Allen,- Sr.. Aye Director Charles-"Chuckt" ,Guill'ory Aye Director Bernie Dalea Aye Director Anthony "Tony" Malley;, III Absent. Director Charles "Chucle Kilter, III Aye . WHEREAS the Jefferson County Drainage District.No. 6.and the City:of Beaumont,have, determined that waiving,permit fees for :projects benefiting the citizens' of Jefferson County.and :the.O#y of Beaumont is in the public's .best interest. THEREFORE, BEAT RESOLi7ED` that the execution of"an"Interlocal Agreement"' (on file in the District's records) between the Drainage': District No, 6 and the City of Beaumont regarding the: waiver of each entity's permit .fees when either entity, is performing drainage related improvements or. infrastructure improvements benefiting the citizens ;of;Jdffbrson, County/City. of Beaumont on Drainage, District No. 6 or City of Beaumont. ,easements/rigFits<of--way be, and''the same is hereby. Authorized. ADOPTED this:12th day: of,,06tober;2021.. Presid4ft ATTEST: Secretary/Acting Secretary