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Home My WebLink AboutPR 24312: AGREEMENT WITH DD7 ACCEPTANCE OF FILL MATERIAL AT THE LANDFILL City of or! mbar www.Po rt INTEROFFICE MEMORANDUM Date: May 9, 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. 24312: 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 authorize the City Manager to enter into an Interlocal Agreement between Jefferson County Drainage District No. 7 (DD7) for the acceptance of fill material at the City of Port Arthur Landfill. Background: DD7 will, through construction activities of their detention pond, generate a substantial amount of excess fill material and may transport, at no cost to the City of Port Arthur, the excess fill material to the City of Port Arthur's municipal landfill. DD7 will, at the request of the City of Port Arthur, supply an operator and equipment to move and arrange the fill material within the bounds of the City of Port Arthur's municipal landfill.This agreement is mutually beneficial for DD7,the City of Port Arthur,and the citizenry it serves and meets the requirements of the Texas Government Code, Sec. 791. Budget Impact: Funds for this agreement are not impacted. "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 iIECTS\Year 2025\DD7-LANDFILL\Agenda Memo Interlocal Agrmt LANDFILL 243!. Recommendation: It is recommended that the City of Port Arthur City Council approve PR No.24312 authorizing the City Manager to enter into an interlocal agreement between the City of Port Arthur and DD7 for the acceptance of fill material at the City of Port Arthur Landfill. "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 PR No.24312 5/8/2025 mje Page 1 of 4 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO 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. NO FUNDS ARE IMPACTED BY THIS AGREEMENT. WHEREAS, this new proposed resolution, PR No. 24312, is being submitted to replace Resolution No. 25-155 that was previously approved by City Council at the April 21, 2025 meeting; and, WHEREAS, Jefferson County Drainage District No. 7 (DD7), through the Hazard Mitigation Grant Program DR-4332-168 has secured grant funding through the Federal Emergency Management Agency (FEMA), to construct a detention pond at 2500 Taft Avenue, Port Arthur, Texas, for drainage relief for area residents and that will generate up to five hundred thousand (500,000) cubic yards of excess fill material; and, 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; and, WHEREAS, DD7 will, through construction activities of the detention pond, generate a substantial amount of excess fill material and may transport, at no cost, to the City of Port Arthur, the excess fill material to the City of Port Arthur's municipal landfill; and, PR No. 24312 5/8/2025 mje Page 2 of 4 WHEREAS, DD7 will, at the request of the City of Port Arthur, supply an operator and equipment to move and arrange the fill material within the bounds of the City of Port Arthur's municipal landfill; and, WHEREAS, the 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, see Exhibit A; and, WHEREAS, approval of PR No. 24312 for the City of Port Arthur to enter into this agreement with DD7 for the acceptance of excess fill material at the City of Port Arthur Landfill is, hereby, deemed an appropriate action; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: THAT, the facts and opinions in the preamble are true and correct; and, THAT, the City of Port Arthur City Council hereby authorizes the City Manager to enter into an Interlocal Agreement between the City of Port Arthur and Jefferson County Drainage District No. 7 for the acceptance of excess fill material for the Landfill from the construction of its detention pond, at no cost to the City; and, THAT, DD7 will, at the request of the City of Port Arthur, supply an operator and equipment to move and arrange the fill material within the bounds of the City of Port Arthur's municipal landfill; and, PR No. 24312 5/8/2025 mje Page 3 of 4 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 ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: %1116 qik -- Roxann Pais Cotroneo, Esquire Ronal. • , CPM City Attorney ity Manager PR No.24312 5/8/2025 mje Page 4 of 4 APPROVED AS FOR AVAILABILITY OF FUNDS: AV4 Lynda "Lyn" Boswell, M.A., ICMA-CM Director of Finance Clifton Williams, CPPB Purchasing Manager EXHIBIT A STATE OF TEXAS § INTERLOCAL AGREEMENT COUNTY OF JEFFERSON § LANDF ILL 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 ttr cover over current and future landfill cells. Now, therefore,know all men by these presents: City of Port Arthur and DD7 hereby agree as folio 1. DD7 will, through construction activities of the detention pond, generate a substantial amount of excess fill material and may transport, at no cost to the City of Port Arthur, the excess fill material to the City of Port Arthur's municipal landfill. 2. The City of Port Arthur will accept the excess fill material as is and without warranty at their municipal landfill, at no cost to DD7. 3 DD7 will, at the request of the City of Port Arthur, supply an operator and equipment to move and arrange the fill material within the bounds of the City of Port Arthur's municipal landfill. DD7 agrees that to the extent it provides machinery or labor or both to the City of Port Arthur landfill to spread the dirt after delivery as set forth under this agreement then DD7 acknowledges and agrees that has inspected the City of Port Arthur landfill, accepts the property in its then current and as is condition, and accepts responsibility for all injuries and property damages related DD7's work spreading the dirt on the City of Port Arthur's landfill property as it relates to DD7 property and DD7's personnel performing such work. At the same time, City of Port Arthur accepts responsibility for all injuries and property damages related to City of Port Arthur property and City of Port Arthur employees alleged to have been damaged or injured by the spreading of the dirt by DD7 equipment or employees. Put simply, the Parties bear responsibility over their respective property and employees with respect to the spreading of the dirt on City of Port Arthur landfill property.The Parties agree that they will be responsible for the supervision of their own employees and their own property with respect to the work performed pursuant to the Agreement, and the Parties will be responsible for their own negligence, if any, as it relates to the work arising from this agreement. 4. This agreement shall be effective on the date of its execution and may be terminated at the will of either party. 5. This agreement shall be governed by the laws of the State of Texas. 6. 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. 7. The agents or employees of a party shall not be deemed to be the agent or employee of the other party. ___ 8. 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 = :__ v Jefferson County Drainage District No. 7 City of Port Arthur, Texas Allen Sims, Ron Burton, City Manager General Manak& City of Port Arthur