HomeMy WebLinkAboutOrdinance No. 16,528 (Item 9.g.)ORDINANCE NO. 16,528
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
REPEALING AND REPLACING ORDINANCE NO. 16,460; AUTHORIZING THE
SUBMISSION OF OFFICIAL REQUEST DOCUMENTATION TO THE TEXAS
GENERAL LAND OFFICE (GLO) IN ACCORDANCE WITH PARAGRAPH 8.16 OF
GLO CONTRACT NO. #22-085-012-D240 COMMUNITY DEVELOPMENT BLOCK
GRANT MITIGATION PROGRAM INFRASTRUCTURE PROJECTS NON -
RESEARCH & DEVELOPMENT MITIGATION FUNDING FOR THE EAST
DISTRICT WASTEWATER TREATMENT PLANT (PROJECT WWTP-2101)
PROJECT TO INCLUDE ADDITIONAL LOCAL MATCH IN THE AMOUNT OF
ELEVEN -MILLION, FOUR -HUNDRED -FORTY-FIVE THOUSAND, ONE -
HUNDRED, EIGHTY-FOUR AND 86/100 (11,445,184.86); AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
WHEREAS, the City of Baytown, Texas, has received a Community Development Block
Grant — Mitigation Program (CDBG-MIT) award from the Texas General Land Office ("GLO") via
GLO Contract No. #22-085-012-D240 Community Development Block Grant Mitigation Program
Infrastructure Projects Non -Research & Development Mitigation Funding ("Contract 22-085-012-D240")
for the East District Wastewater Treatment Plant (PROJECT WWTP-2101) Project (the "Project") to
provide infrastructure improvements; and
WHEREAS, GLO originally awarded the City THIRTY-TWO MILLION, THREE HUNDRED
NINETY-FOUR THOUSAND, ONE -HUNDRED, THIRTEEN DOLLARS and 86/00 ($32,394,113.86);
and
WHEREAS, the City pledged ONE PERCENT (1%) or THREE -HUNDRED, TWENTY-THREE
THOUSAND, NINE -HUNDRED, FORTY-ONE AND 14/00 ($323,941.14) in local funds for a project
total of THIRTY-TWO MILLION, SEVEN -HUNDRED, EIGHTEEN -THOUSAND, FIFTY-FIVE
DOLLARS ($32,718,055); and
WHEREAS, construction bids have exceeded available grant funds by ELEVEN -MILLION,
FOUR -HUNDRED, FORTY-FIVE THOUSAND, ONE -HUNDRED, EIGHTY-FOUR AND 86/00
($11,445,184.86); and
WHEREAS, Contract 22-85-012-D240 must be amended to reflect the increased costs of the
Project; and
WHEREAS, prior to approval and preparation of an amendment to Contract 22-085-012-D240,
GLO requires that the City Council authorize submission of a change order, including authorization for
additional funding; and
WHEREAS, on January 26, 2023, the City Council authorized the Mayor and City Manager to
execute all contractual documents associated with Contract 22-085-012-D240; and
WHEREAS, on May 14, 2026, the City Council of the City of Baytown, Texas passed Ordinance
16,460, authorizing the submission of official request documentation to the Texas General Land Office in
accordance with Paragraph 8.16 of Contract 22-085-012-D240 for the purpose of amending the Contract
to authorize the allocation of unencumbered funds from bonds and other funds to contribute additional
local match for the Project; and
WHEREAS, the Ordinance contained several errors related to the amount of the original award,
additional local match, and new Project total; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby repeals and replaces
Ordinance No. 16,460 in its entirety as provided by this Ordinance, No. 16,_.
Section 2: That the City Council of the City of Baytown, Texas, hereby authorizes the Mayor
and/or City Manager to submit official request documentation to GLO in accordance with Paragraph 8.16
of Contract 22-085-012-D240 to amend the Contract to authorize the allocation of unencumbered funds
from bonds and other funds to contribute additional local match to the Project as follows:
Project Account
Request Category
Amount
WWTP2101-WSCIPF_WWT-ENGINEERIN-OPERATCASH
Engineering, Survey& Inspections
$49,647.00
W WTP2101-2019COBOND-CONSTRUCT►-C.O./BONDS
Construction
$1,800,001.00
W WTP2101-WS IMPCTSE-CONSTRUCT►-OPERATCASH
Construction
$9.919,478.00
*includes: $323,941.14 (original) and $I 1,445,184.86 (add'►)
Total of Local Matching Funds:
$11,769,126.00
Original Project Budget:
Proposed Project Budget
Pending Council Approval:
GLO Grant CDBG-D240:
$32,394,113,86
GLO Grant CDBG-D240
$32,394,1 13.86
Local Match (10o):
$323,941.14
Original Local Match (I%):
S 323,941.14*
Additional Local Match:
$1 1.445,184.86*
Project Total:
$32,718,055.00
Proposed Project Total:
$44,265,757.00
*New combined local funds: $11,769,126.00
Section 3: That the additional local match shall not exceed ONE PERCENT (1 %) of the new
Project total or ELEVEN -MILLION, FOUR -HUNDRED, FORTY-FIVE THOUSAND, ONE -
HUNDRED, EIGHTY-FOUR AND 86/00 ($11,445,184.86).
Section 4: That the new Project total shall not exceed FORTY-FOUR MILLION, ONE -
HUNDRED, SIXTY-THREE THOUSAND, TWO -HUNDRED, THIRTY-NINE DOLLARS AND 86/00
($44,163,239.86).
Section 5: That all funds shall be used in accordance with all applicable federal, state, local
and programmatic requirements including but not limited to procurement, environmental review, labor
standards, real property acquisition, fair housing, and civil rights requirements.
Section 6: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown this the 23d day of July, 2026.
CHARLES JOHNSON, Mayor
ATTEST:
ANGELA JACKSON, City Clerk
SCOTT LEMOND, City Attorney
R:\Ordinances and Resolutions+Ordinance Drafts12026-07-2310rd-CDBG-M1T K 22-085-012-D240-SL.docx