HomeMy WebLinkAboutPR 20852: AMENDING RESOLUTON 18-385 4 City of
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Texas
INTEROFFICE MEMORANDUM
Date: May 15, 2019
To: The Honorable Mayor and City Council
Through: Rebecca Underhill, Interim City Manager
From: Donnie Stanton, Interim Director of Water Utilities
RE: P.R. No. 20852 — A Resolution Amending Resolution No. 18-385, Requesting
Financial Assistance from the Texas Water Development Board
Introduction:
Pursuant to Resolution 18-385 dated September 25, 2018, the City Council of the City of Port
Arthur approved the request of financial assistance from the Texas Water Development Board
(TWDB), and authorized the filing of an application for assistance from the Clean Water State
Revolving Fund in the amount of $56,311,000.00 (being $60,560,000.00 amount requested
less approved $4,249,000.00 in the form of a grant/loan forgiveness) to provide for the cost of
construction of the improvements to the City of Port Arthur's Main Wastewater Treatment
Plant.
Background:
The original funding request of the Texas Water Development Board was in the amount of
$60,560,000.00. TWDB approved$4,249,000.00 in the form of a grant(loan forgiveness). On
September 25, 2018, the City Council passed Resolution No. 18-385 in the amount of
$56,311,000.00 (the actual amount the City would be required to pay back). The staff was
informed by the TWDB and Freese & Nichols that the entire $60,560,000.00 loan must be
approved by the City Council. The $4,249,000.00 will still be forgiven, but the entire amount
must be requested by the City of Port Arthur. Proposed Resolution No. 20852 is amending
Resolution No. 18-385 as it pertains to the amount requested for financial assistance from the
TWDB and authorizing the filing of an amended application for assistance from the Clean
Water State Revolving Fund.
"Remember,we are here to serve the Citizens of Port Arthur"
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Texas
Budget Impact:
The amended amount of$60,560,000.00 includes the $4,249,000.00 approved by the TWDB
in the form of a grant/loan forgiveness.
Recommendation:
It is recommended that City Council adopt Proposed Resolution No. 20852 amending
Resolution No. 18-385 as to the amount of financial assistance from the TWDB from
$56,311,000 to $60,560,000.00, in order to provide for the cost of construction of the
improvements to the City of Port Arthur's Main Wastewater Treatment Plant, and authorizing
the amended application to be filed with TWDB.
"Remember,we are here to serve the Citizens of Port Arthur"
P. R. No. 20852
5-15-19 to
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. 18-385 AS IT
PERTAINS TO THE AMOUNT REQUESTED FOR FINANCIAL
ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD
AND AUTHORIZING THE FILING OF AN AMENDED APPLICATION
FOR ASSISTANCE FROM THE CLEAN WATER STATE REVOLVING
FUND
WHEREAS, pursuant to Resolution 18-385 dated September 25, 2018, the City Council
of the City of Port Arthur approved the request of financial assistance from the Texas Water
Development Board (TWDB), and authorized the filing of an application for assistance from the
Clean Water State Revolving Fund in the amount of $56,311,000.00 (being $60,560,000.00
amount requested less approved $4,249,000.00 in the form of a grant/loan forgiveness)to provide
for the cost of construction of the improvements to the City of Port Arthur's Main Wastewater
Treatment Plant; and,
WHEREAS, staff has been informed by the TWDB and Freese & Nichols that the
application to be filed with the TWDB seeking financial assistance must be for the total amount
of$60,560,000.00; and,
WHEREAS, it is necessary to amend Resolution No. 18-385 as to the amount of financial
assistance from the TWDB from$56,311,000.00 to$60,560,000.00 in order to provide for the cost
of construction of the improvements to the City of Port Arthur's Main Wastewater Treatment
Plant.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council of the City of Port Arthur hereby authorizes the
amendment of Resolution No. 18-385 as to the amount of financial assistance from the TWDB
P. R. No. 20852
5-15-19 to/gt
Page 2 of 3
from $56,311,000.00 to $60,560,000.00 in order to provide for the costs of construction of the
improvements to the City of Port Arthur's Main Wastewater Treatment Plant.
Section 3. That an amended application is hereby approved and authorized to be filed
with the Texas Water Development Board seeking financial assistance in an amount not to exceed
$60.560,000.00, in substantially the same form as attached hereto as Exhibit"A".
Section 4. That the Texas Water Development Board has approved $4,249,000.00 in
the form of a grant(loan forgiveness).
Section 5. That a copy of the caption of this Resolution shall be spread upon the
Minutes of the Council.
READ, ADOPTED AND APPROVED THIS day of
2019 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
P. R. No.20852
5-15-19 ta/gt
Page 3 of 3
APPROVED FOR ADMINISTRATION:
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Rebecca Underhill, CPA Clifton Williams, CPPB
Interim City Manager Purchasing Manager
,IP cA _/^D
Kandy Daniel(
Interim Direct r of Finance
Donald Stanton
Interim Director Water Utilities
Exhibit "A"
(Documentation of Texas Water Development Board of Approved $60,560,000.00)
TWDB-0201
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 Rebecca Underhill 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 ty,city,ty,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,ty,city,county,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,city,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.
Rebecca Underhill
Official Representative
Title: Interim City Manager
SWORN TO AND SUBSCRIBED BEFORE ME,by ,
on this day of ,20
(NOTARY'S SEAL)
Notary Public,State of Texas
TWDB-0201 B
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:
1. 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 Port 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 Council 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)
TWDB-0201A
Rev 11/16
Application Filing and Authorized Representative Resolution
A RESOLUTION by the City Council of the
City of Port Arthur,Texas(the"City") requesting financial assistance from the Texas Water
Development Board; authorizing the filing of an application for assistance; and making certain findings in
connection therewith.
BE IT RESOLVED BY THE City Council OF
THE City of Port Arthur,Texas
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 $60,560,000 to provide
for the costs of Construction of Improvements to the City of Port Arthur's Main Wastewater Treatment Plant
SECTION 2: That the Mayor of said City
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: Hilltop Securities
Anne Burger Entrekin(anne.burgerentrekin@hilltopsecurities.com)
Engineer: David R. Jackson, PE, BCEE; Mural' Erat, PE
Freese and Nichols,Inc.,4055 International Plaza,Fort Worth,TX 76109
Bond Counsel: Derrick Mitchell
PASSED AND APPROVED,this the day of ,20
ATTEST: By:
(Seal)