HomeMy WebLinkAboutPR 20440: TEXAS WATER DEVELOPMENT BOARD APPLICATION •
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INTEROFFICE MEMORANDUM
Date: September 17, 2018
To: The Honorable Mayor and City Council
Through: Mr. Harvey Robinson, Interim City Manager
From: Dr. Hani Tohme, P.E., Water Utilities Director
RE: P.R. 20440—Application submittal to TWDB
Introduction:
The intent of this Agenda Item is to seek City Council's approval for Interim City Manager to
submit an application for funding from the Texas Water Development Board. The Main
Wastewater Treatment Plant is in violation of TCEQ rules and regulations, due to major
infrastructure failures. Funding is needed, in the amount not to exceed $56,311,000, for
rehabilitation and upgrade of the City's Main Wastewater Treatment Plant.
Background:
The Main Wastewater Treatment Plant is in violation of TCEQ rules and regulations, due to
major infrastructure failures. Major rehabilitations are needed to bring the plant into
compliance. These rehabilitations require a funding source such as the Texas Water
Development Board. This project has passed TWDB's Project Pre-Application process and
the City of Port Arthur has been invited to make official application for funding.
Budget Impact:
The goal is to have TWDB lend us up to $56,311,000 to fund the rehabilitation to our Main
Wastewater Treatment Plant. The funding will take place in 3 phases over a 3 year period.
Recommendation:
I recommend that the City Council approve Proposed Resolution No. 20440, authorizing the
City Manager to submit an application for funding to the Texas Water Development Board.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P. R. No. 20440
09/17/18 ds
RESOLUTION NO.
A RESOLUTION REQUESTING FINANCIAL ASSISTANCE FROM
THE TEXAS WATER DEVELOPMENT BOARD; AUTHORIZING
THE FILING OF AN APPLICATION FOR ASSISTANCE FROM THE
CLEAN WATER STATE REVOLVING FUND; AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
WHEREAS, the City of Port Arthur, Texas (the "City")hereby finds and determines that
there is an urgent need for improving and rehabilitating the City's main Wastewater Treatment
Plant; and,
WHEREAS, such capital improvements cannot be reasonably financed unless financial
assistance is obtained from the Texas Water Development Board; and,
WHEREAS, it is hereby officially found and determined that public notice of the time,
place, and purpose of said meeting was given, all as required by Texas Government Code,
Chapter 551.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1. That an application is hereby approved and authorized to be filed with the
Texas Water Development Board seeking financial assistance in an amount not to exceed
$56,311,000 to provide for the costs of Construction of Improvements to the City of Port
Arthur's Main Wastewater Treatment Plant.
Section 2. That the City Manager of the City of Port Arthur be and is hereby
designated the authorized representative of the City for purposes of furnishing such information
and executing such documents as may be required in connection with the preparation and filing
of such application for financial assistance and the rules of the Texas Water Development Board.
Section 3. That the following firms and individuals are hereby authorized and
directed to aid and assist in the preparation and submission of such application and appear on
behalf of and represent the City before any hearing held by the Texas Water Development Board
on such application, to wit:
Financial Advisor: Anne Burger Entrekin, Regional Managing Director, Hilltop
Securities, 70 NE Loop 410, Suite 710, San Antonio, TX 78216
Engineer: David Jackson, P.E., BCEE; Murali Erat, P.E., Freese and Nichols. Inc,
4055 International Plaza, Fort Worth, TX 76109
Bond Council: Derrick Mitchell of Bracewell, LLP Attorney At Law, 711
Louisiana St. Suite 2300, Houston, TX 77002
Section 4. That, a copy of the caption of this Resolution be spread upon the Minutes
of the City Council.
READ,ADOPTED AND APPROVED THIS _day of , 2018 at a
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES: Mayor •
Councilmembers
NOES:
Derrick Freeman
Mayor
ATTEST: APPROVED AS TO FORM:
Sherri Bellard Valecia Tizeno
City Secretary City Attorney
APPROVED FOR ADMINISTRATION:
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Hay y Ro• son Clifton Williams
Interim Ci y Manager Purchasing Manager
Hani Tohme
Utilities Director
APPROVED FOR FUNDING:
Andrew Vasquez
Director of Finance
EXHIBIT "A"
(Application Resolution—Certificate of Secretary
Form TWDB-201B)
TWDB-0201B
Rev 11/16
Application Resolution - Certificate of Secretary
THE STATE OF TEXAS §
COUNTY OF Jefferson §
APPLICANT City of Port Arthur,Texas §
I,the undersigned,Secretary of the City of Port Arthur Texas,
DO HEREBY CERTIFY as follows:
I. That on the day of ,20 ,a regular/special meeting of the
City of Port Arthur, Texas, City Council was held;the duly constituted members of the
City Council being as follows:
all of whom were present at the meeting,except the following:
Among other business considered at the meeting,the attached resolution entitled:
"A RESOLUTION by the City Council of the City of P°rt Arthur,Texas requesting
financial participation from the Texas Water Development Board;authorizing the filing of an application
for financial participation;and making certain findings in connection therewith."
was introduced and submitted to the City C°°ncii for passage and adoption. After
presentation and consideration of the resolution,and upon a motion made by and
seconded by ,the resolution was passed and adopted by the
City of Port Arthur,Texas,City Council by the following vote:
voted"For" voted"Against" _ abstained
all as shown in the official minutes of the for this meeting.
2. That the attached resolution is a true and correct copy of the original on file in the official records
of the City of Port Arthur,Texas ;the qualified and acting members of the City Council on
the date of this meeting are those persons shown above and,according to the records of my office,advance notice of
the time,place,and purpose of meeting was given to each member of the City Council ;and that the
meeting,and the deliberations of the public business described above,was open to the public and written notice of
the meeting,including the subject of the resolution described above,was posted and given in advance of the meeting
in compliance with the provisions of Chapter 551 of the Texas Government Code.
IN WITNESS WHEREOF,I have signed my name and affixed the seal of
the ,this the day of ,20
Secretary
(SEAL)
EXHIBIT "B"
(Application Affidavit
Form TWDB-0201)
TWDB-020l
Rev 11/16
Application Affidavit
THE STATE OF TEXAS
COUNTY OF Jefferson
APPLICANT City of Port Arthur §
BEFORE ME,the undersigned,a Notary Public in and for the State of Texas,on this day
personally appeared Harvey Robinson as the Authorized Representative of the
City of Port Arthur, TX
,who being by me duly sworn,upon oath says that:
1. The decision by the City of Port Arthur, TX (authority,city,county,corporation,
district)to request financial assistance from the Texas Water Development Board("TWDB")was made in a public
meeting held in accordance with the Open Meetings Act(Government Code,§551.001,et seq,)and after providing
all such notice as required by such Act as is applicable to the City of Port Arthur,TX (authority,city,
county,corporation,district).
2. The information submitted in the application is true and correct according to my best knowledge and
belief.
3. The City of Port Arthur, TX (authority,city,county,corporation,district) has no
pending,threatened,or outstanding judgments,orders,fines,penalties,taxes,assessment or other enforcement or
compliance issue of any kind or nature by the Environmental Protection Agency,Texas Commission on
Environmental Quality,Texas Comptroller,Texas Secretary of State,or any other federal,state or local government,
except for the following(if no such outstanding compliance issues,write in"none").
none
•
4. The City of Port Arthur,TX (authority,city,ry,coun ty,corporation,district)warrants
compliance with the representations made in the application in the event that the TWDB provides the financial
assistance;and
5. the City of Port Arthur,TX (authority, ry,coun county,
corporation,district)will comply
with all applicable federal laws,rules,and regulations as well as the laws of this state and the rules and regulations
of the TWDB.
Harvey Robinson
Official Representative
Interim City Manager
Title:
SWORN TO AND SUBSCRIBED BEFORE ME,by
on this day of ,20
(NOTARY'S SEAL)
Notary Public,State of Texas