HomeMy WebLinkAboutPR 24311: RESCINDING RES NO. 25-155 INTERLOCAL AGREEMENT, DD7, FILL MATERIAL AT LANDFILL City of
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INTEROFFICE MEMORANDUM
Date: May 8,2025
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Pamela D. Langford,CPM,Assistant City Manager-Operations/Director of Development
Services
RE: PR No. 24311:A resolution rescinding Resolution No. 25-155: Interlocal Agreement between
the City of Port Arthur and Jefferson County Drainage District No. 7(DD7)for the acceptance
of fill material at the City of Port Arthur Landfill.
Introduction:
The intent of this Agenda Item is to rescind Resolution No.25-155 for the Interlocal Agreement between Jefferson
County Drainage District No. 7(DD7) for the acceptance of fill material at the City of Port Arthur Landfill.
Background:
It is requested that Resolution No. 25-155 approving the interlocal agreement between DD7 and the City Port
Arthur be rescinded as specific responsibilities regarding management of fill material were not clearly defined.
A new proposed resolution,PR No. 24312,will be presented to the Port Arthur City Council that resubmits the
interlocal agreement addressing the role of operators, equipment, and responsibilities afforded DD7 within the
bounds of the City of Port Arthur Municipal Landfill.
Budget Impact:
Funds for this agreement are not impacted.
Recommendation:
It is recommended that the City of Port Arthur City Council approve PR No. 24311 rescinding Resolution No.
25-155 for the interlocal agreement between the City of Port Arthur and DD7 regarding the acceptance of fill
material at the City of Port Arthur Landfill.
"Remember,we are here to serve the Citizens of Port Arthur"
444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
eriocal aRrin L.NDFILL h
PR No. 24311
5/8/2025 mje
Page 1 of 3
RESOLUTION NO.
A RESOLUTION RESCINDING RESOLUTION 25-155 IN ITS
ENTIRETY AS IT PERTAINS TO AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF PORT ARTHUR (CITY) AND
JEFFERSON COUNTY DRAINAGE DISTRICT NO. 7 (DD7) FOR
THE ACCEPTANCE OF FILL MATERIAL AT THE CITY OF PORT
ARTHUR LANDFILL DUE TO SPECIFIC RESPONSIBILIES WERE
NOT CLEARLY DEFINED. NO FUNDS ARE IMPACTED BY THIS
AGREEMENT.
WHEREAS, PR No. 24236 was presented to the Port Arthur City Council for
consideration of an interlocal agreement between the City of Port Arthur and Jefferson
County Drainage District No. 7 (DD7) for the acceptance of fill material to be utilized at
the City's Municipal Landfill; and,
WHEREAS, PR No. 24236 was approved by Council at the April 21, 2025 meeting
and assigned Resolution No. 25-155, see Exhibit A; and,
WHEREAS, it is requested that Resolution No. 25-155 be rescinded since specific
responsibilities were not clearly defined; and,
WHEREAS, a new proposed resolution, PR No. 24312, will be presented to the
Port Arthur City Council that resubmits the interlocal agreement addressing the role of
operators, equipment, and responsibilities of DD7 within the bounds of the City of Port
Arthur Municipal Landfill; and,
WHEREAS, rescinding Resolution No. 25-155 in its entirety, is hereby, deemed
an appropriate action; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,
TEXAS:
PR No.24311
5/8/2025 mje
Page 2 of 3
THAT, the facts and opinions in the preamble are true and correct; and,
THAT, the City of Port Arthur City Council hereby rescinds Resolution No. 25-155 in
its entirety; and,
THAT, a new proposed resolution, PR No. 24312, will be presented to the Port
Arthur City Council that resubmits the interlocal agreement addressing the role of
operators, equipment, and responsibilities of DD7 within the bounds of the City of Port
Arthur Municipal Landfill; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the
City Council.
READ, ADOPTED AND APPROVED this the day of A.D.,
2025, at a meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
Thurman Bill Bartle
Mayor
PR No.24311
5/8/2025 mje
Page 3 of 3
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
ariit
vffir
Roxann Pais Cotroneo, Esquire Ronald Burton, •
City Attorney City Manag-
APPROVED AS FOR AVAILABILITY OF
FUNDS:
WAY/zTh
Lynda "Lyn" Boswell, M.A., ICMA-CM
Director of Finance
Clifton Williams, CPPB
Purchasing Manager
EXHIBIT A
P. R.No.24236
04/10/2025 FCR
Page 1 of 3
%Op RESOLUTION NO. %-SS
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN INTERLOCAL AGREEMENT WITH THE JEFFERSON COUNTY
DRAINAGE DISTRICT NUMBER 7 (DD7) TO RECEIVE UP TO 500,000
CUBIC YARDS OF EXCESS FILL MATERIAL AT THE LANDFILL.
THERE IS NO BUDGETARY IMPACT TO ENTER THE AGREEMENT.
WHEREAS, Jefferson County Drainage District No. 7 (DD7) is constructing a detention
pond at the old Taft Elementary School site on Taft Avenue; and,
WHEREAS, DD7 contacted the City in anticipation of disposing of up to 500,000 cubic
yards of excess fill material at the City's Landfill that will be used to cover the trash discarded at the
Landfill; and,
WHEREAS, DD7 requires an approved interlocal agreement(see Exhibit A)to grant such
material,which outlines the responsibilities of the parties wishing to donate and receive the material.
The agreement is necessary for project continuation.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
THAT,the facts and opinions in the preamble are true and correct; and,
THAT, the City Council of the City of Port Arthur hereby authorizes and directs the City
Manager to enter into an interlocal agreement with the Jefferson County Drainage District No. 7
(DD7)to receive up to 500,000 cubic yards of excess fill material at the City's Landfill; and,
THAT, a copy of the caption of this resolution be spread upon the minutes of the City
Council.
P.R.No.24236
04/10/2025 FCR
Page 2 of 3
READ,ADOPTED,AND APPROVED,this day of ,2025
AD, at a regular meeting of the City Council of the City of Port Arthur, Texas, by the following
vote:AYES:Mayor: Councilmembers:
NOES:
/a214 .,
Th Bill B ie
May
ATTEST:
Sherri Bellard, TRMC
City Secretary
APPROVED AS T RM:
4011PPP
Roxann Pais Cotroneo, Esq.
City Attorney
P.R.No.24236
04/10/2025 FCR
Page 3 of 3
.
APPROVED FOR ADMINISTRATION:
Ronald Burto PM
City Man er
i liA
0 1 . Robe . , , ng, MBA, CPM
Direc r f Publi 4 rks
APPROVED AS TO THE AVAILABILITY OF FUNDS:
2
i
Clifton E. Williams, Jr., CPPB
Purchasing Manager •
n/AJA
Lynda Boswell, ICMA-CM, MA
Director of Finance
P. R. 24236
Exhibit
A
STATE OF TEXAS § INTERLOCAL AGREEMENT
COUNTY OF JEFFERSON § LANDFILL FILL MATERIAL
WHEREAS, City of Port Arthur,Texas,by and through its City Council as authorized by Chapter
791 of the Government Code and Jefferson County Drainage District No. 7 (DD7), a body politic
of the State of Texas,for the mutual benefit of the citizens they serve, desire to enter into a contract
to provide certain services to each other, and;
WHEREAS, DD7, through the Hazard Mitigation Grant Program DR-4332-168, has secured
grant funding through FEMA to construct a detention pond at 2500 Taft Avenue, Port Arthur, TX
for drainage relief for area residents and that will generate up to five hundred thousand (500,000)
cubic yards of excess fill material;
WHEREAS, the City of Port Arthur owns and operates a municipal landfill that will benefit
operationally from receiving free excess fill material that can be used for cover over current and
future landfill cells.
Now, therefore, know all men by these presents:
City of Port Arthur and DD7 hereby agree as follows:
1. DD7 will,through construction activities of the detention pond,generate and transport,
at no cost to the City of Port Arthur, a substantial amount of excess fill material to the
City of Port Arthur's municipal landfill.
2. The City of Port Arthur will accept the excess fill material at their municipal landfill,
at no cost to DD7.
3. This agreement shall be effective on the date of its execution and may be terminated at
the will of either party.
4. This agreement shall be governed by the laws of the State of Texas.
5. Nothing in this agreement may be construed to create an agency relationship between
the parties. This agreement does not create an agency, joint venture, or partnership
between the parties.
6. The agents or employees of a party shall not be deemed to be the agent or employee of
the other party.
7. The parties further agree, pursuant to Chapter 791, Texas Government Code, that any
dispute regarding the terms and execution of the work under this agreement will be
submitted to mediation and if that fails, at the option of a party, submitted for final
determination using the dispute resolution procedures set forth in Chapter 154, Texas
Civil Practice and Remedies Code as agreed upon by the parties or as determined and
ordered by the Jefferson County Judge if the parties are unable to agree on the
procedure,it being the intention of the parties to first make a good faith decision attempt
to resolve any disputes between them in the manner most likely to avoid potentially
expensive and time consuming litigation.
Executed on the day of , 2025.
Jefferson County Drainage District No. 7 City of Port Arthur, Texas
Allen Sims, General Manager Ronald Burton, CPM., City Manager
Drainage District No. 7 (DD7) City of Port Arthur,Texas