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Home My WebLink AboutPR 18830: FINANCIAL ASSISTANCE FORM THE TEXAS WATER DEVELOPMENT BOARD, CLEAN WATER MEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT TO: Brian McDougal, City Manager FROM: Jimmie Johnson, Ph.D., Director of Utilities DATE: February 17, 2015 SUBJECT: Proposed Resolution No. 18830 RECOMMENDATION I recommend the approval of Proposed Resolution No. 18830 authorizing the City Manager to file application for assistance from the Clean Water State Revolving Fund for $6,995,000.00. This is for the planning, acquisition and design phase of the Main Wastewater Treatment Plant that was approved by the Texas Water Development Board. This is a change from the original application filing. The increase in funding from TWDB is $1 ,035,000.00 from the Clean Water State Revolving Fund. BACKGROUND The TWDB makes various funding available each year, and requires the submission of Project Information Forms detailing each proposed project to be funded, and providing a host of related information in order to prioritize the projects and assign the available funds. With a 50-year old Main WWTP and waterlines which are in need of replacement, the City has demonstrated key needs in the TWBD's high priority areas. In 2013, the City was approved $5,960,000.00 from the Clean Water State Revolving (CWSRF) Fund for the design of this project The City was approved $1,370,000.00 from the Drinking Water State Revolving Fund (DWSRF) for the design of these projects. In 2014, TWDB made available some additional funding for water and wastewater improvements. The City was approved for an increase amount $6,995,000.00 from the CWSRF for the design of the wastewater treatment plant project. The increase in funding from TWDB is 1 ,035,000 for the Clean Water Act State Revolving Fund. Additionally, The City was approved for $2,080,000.00 from the DWSRF to conduct the planning, acquisition and design of waterline projects. The increase in funding from TWDB is $710,000.00 for the Drinking Water State Revolving Fund. The total funding change that increased in both CWSRF and the DWSRF is $1,745,000.00. BUDGET/FISCAL EFFECT Fees for these services will be paid for using revenue bonds. STAFF/EMPLOYEE EFFECT City staff will assist with negotiating this contract. SUMMARY I recommend the approval of Proposed Resolution No. 18830 authorizing the City Manager to file application for assistance from the Clean Water State Revolving Fund for $6,995,000.00. This is for the planning, acquisition and design phase of the Main Wastewater Treatment Plant that was approved by the Texas Water Development Board. P.R. No. 18830 02/12/15 jj/gt 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 the City's wastewater system; 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, TEXAS: Section 1. That an application is hereby approved and authorized to be filed with the Texas Water Development Board seeking financial assistance from the Clean Water State Revolving Fund in an amount not to exceed$6,995,000 to provide the costs for the planning, acquisition and design of a new wastewater treatment plant. Section 2. That the City Manager is hereby designated the authorized representative of the City for the purpose of furnishing such information and executing such documents as may be required in connection with the preparing and filing of such application for financial assistance and with complying with 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 Bond Counsel Engineer City Joe Morrow Thomas A. Sage Susan Polka,P.E. Dr.Jimmie Johnson First Southwest Company Andrews Kurth LLP Director of Public Works Director of Utilities 700 Milam Street, Suite 500 600 Travis, Suite 4200 City of Port Arthur City of Port Arthur Houston,Texas 77002 Houston,Texas 77002 444 4th Street 444 4th Street (713)654-8690 (713)220-3833 Port Arthur,Texas 77840 Port Arthur,Texas 77640 (409)983-8296 (409)983-8226 HOU:3524374.1 Section 4. That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. READ,ADOPTED,AND APPROVED,this day of ,2015 AD,at a Regular Meeting of the City Council of the City of Port Arthur,Texas by the following vote:AYES: Mayor: , Councilmembers: , NOES: . Deloris Prince Mayor ATTEST: APPROVED AS TO FORM: OI.X Arl--- Sherri Bellard V Tizeno City Secretary City Attorney APPROVED FOR ADMINISTRATION: da,,,, Ci t...CAJ Brian McDoug. Shawna Tubbs, CPPB ACi i. 'anage Purchasing Manager IL Jimmie Johnson, Ph.D. Director of Utilities HOU:3524374.1 ATTACHMENT A APPLICATION AFFIDAVIT THE STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF PORT ARTHUR § BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared Brian McDougal as the Authorized Representative of the City of Port Arthur, Texas (the"City"),who being by me duly sworn, upon oath says that: 1. the decision by the City to request financial assistance from the Texas Water Development Board ("Board") 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; 2. the information submitted in the application is true and correct according to my best knowledge and belief; 3. the City 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 warrants compliance with the representations made in the application in the event that the Board provides the financial assistance; and 5. the City 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 Board. Brian McDougal, City Manager SUBSCRIBED AND SWORN TO BEFORE ME this day of ,2015. Notary Public My Commission expires: [Notary Seal] HOU:3524374.1 CERTIFICATE FOR RESOLUTION STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF PORT ARTHUR § I, the undersigned officer of the City of De Leon, Texas (the "City"), hereby certify as follows: 1. The City Council of the City convened in a regular meeting on February 17, 2015, at the regular meeting place thereof, within the City, and the roll was called of the duly constituted officers and members of the City Council,to wit: Deloris"Bobbie"Prince Mayor Derrick Freeman Mayor Pro Tem Raymond Scott, Jr. Council Member Tiffany L. Hamilton Council Member Morris Albright III Council Member Stephen A. Mosely Council Member Willie "Bae" Lewis,Jr. Council Member Robert E. Williamson Council Member Kaprina Richardson Frank Council Member and all of such persons were present except , thus constituting a quorum. Whereupon, among other business,the following was transacted at said meeting: a written 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 (the "Resolution")was duly introduced for the consideration of the City Council and read in full. It was then duly moved and seconded that the Resolution be adopted; and, after due discussion, such motion, carrying with it the adoption of the Resolution, prevailed and carried by the following vote: AYES: NAYS: ABSTENTIONS: 2. That a true, full and correct copy of the Resolution adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate; that the Resolution has been duly recorded in the City Council's minutes of such meeting; that the above and foregoing paragraph is a true, full and correct excerpt from the City Council's minutes of such meeting pertaining to the adoption of the Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of the HOU:3524563.1 City Council as indicated therein; that each of the officers and members of the City Council was duly and sufficiently notified officially and personally, in advance, of the date, hour, place and subject of the aforesaid meeting, and that the Resolution would be introduced and considered for adoption at such meeting, and each of such officers and members consented, in advance, to the holding of such meeting for such purpose; that such meeting was open to the public as required by law; and that public notice of the date, hour, place and subject of such meeting was given as required by the Open Meetings Law, Chapter 551, Texas Government Code. SIGNED AND SEALED this day of February,2015. CITY OF PORT ARTHUR, TEXAS City Secretary (SEAL) HOU:3524563.1