Ordinance No. 14,333ORDINANCE NO. 14,333
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE CEDAR
BAYOU ALLIANCE MEMORANDUM OF UNDERSTANDING WITH CHAMBERS
COUNTY, HARRIS COUNTY, LIBERTY COUNTY, CITY OF MONT BELVIEU,
HARRIS COUNTY FLOOD CONTROL DISTRICT, AND HOUSTON-GALVESTON
AREA COUNCIL FOR THE IMPLEMENTATION OF A MULTI -JURISDICTIONAL
FLOOD MITIGATION PROJECT IN THE CEDAR BAYOU WATERSHED; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
*************************************************************************************
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown hereby authorizes and directs the
Mayor to execute the Cedar Bayou Alliance Memorandum of Understanding with Chambers County,
Harris County, Liberty County, City of Mont Belvieu, Harris County Flood Control District, and
Houston -Galveston Area Council for the implementation of a multi jurisdictional flood mitigation project
in the Cedar Bayou Watershed. A copy of the Memorandum of Understanding is attached hereto, marked
Exhibit "A," and made a part hereof for all intents and purposes.
Section 2: 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 t e vote of the City cil of the City of
Baytown this the 27"' day of February, 2020.
ARACMDEON CAPETILLO, M yor
0A ST:
TICABRYSCH, Ci lerk
APPROVED AS TO FORM: co's cn
4
NACIO RAMIREZ, SR., CyAttorney
NMOlJldO�
COBFSOI Legal Karen Files'•Eity Council Ord inances\2020\February 27\MOU4CedarBayouAlliance.doc
EXHIBIT "A"
CEDAR BAYOU ALLIANCE
MEMORANDUM OF UNDERSTANDING
BETWEEN
CHAMBERS COUNTY, TEXAS
HARRIS COUNTY, TEXAS
LIBERTY COUNTY, TEXAS
CITY OF BAYTOWN, TEXAS
CITY OF MONT BELVIEU, TEXAS
HARRIS COUNTY FLOOD CONTROL DISTRICT
HOUSTON-GALVESTON AREA COUNCIL
FOR
IMPLEMENTING MULTI -JURISDICTIONAL FLOOD MITIGATION PROJECTS IN
THE CEDAR BAYOU WATERSHED
I. PARTIES AND PURPOSE
Hurricane Harvey caused widespread flooding and extensive damage to residential and
commercial property throughout the Cedar Bayou Watershed. The Cedar Bayou
Watershed ("Watershed") spans multiple local jurisdictions and no single local
government entity is responsible for planning and implementing regional flood
mitigation projects throughout the Watershed.
The Bipartisan Budget Act of 2018 allocated funds to multiple federal agencies for
various flood risk reduction activities to be distributed to state and local governments.
In Texas, these funds are now managed by several state agencies including the Texas
General Land Office ("GLO") and Texas Division of Emergency Management
("TDEM").
The 2019 Texas Legislature passed Senate Bill 7 and 8 and the voters of Texas passed
Proposition 8, creating a $793 million flood infrastructure fund to assist in the financing
of a state wide flood plan consisting of drainage, flood mitigation, and flood control
projects, to be administered by the Texas Water Development Board and GLO. There
are other federal, state, and private sector resources dedicated to flood mitigation not
mentioned herein.
H-GAC 02! 14!2020
1 of 4
This Memorandum of Understanding ("MOU") documents the intentions of Chambers
County, Harris County, Liberty County, the City of Baytown, the City of Mont Belvieu,
Harris County Flood Control District, and the Houston -Galveston Area Council
("Parties" or individually a "Party") to cooperate as described herein to better address
interjurisdictional flood mitigation efforts in the Watershed.
II. PROGRAM DESCRIPTION
The Parties will collaborate in the identification, development, and submittal of funding
applications for multi jurisdictional planning and infrastructure projects to mitigate the
impacts of flooding in the Watershed. Funding sources to be pursued include but are
not limited to:
• Federal Community Development Block Grant -Mitigation funds.
• Texas Flood Infrastructure funds.
• Federal Emergency Management Agency Flood Mitigation Assistance or Hazard
Mitigation Grants.
• U.S. Army Corps of Engineers Continuing Authority Program grants.
• Other funding opportunities through multi jurisdictional and`or public -private
partnerships.
This MOU does not prohibit or otherwise enjoin any of the Parties from developing
and submitting funding applications for their own jurisdictions.
III. PROGRAM SUPPORT
Parties to the MOU will provide staff support for project identification and selection.
Potential projects shall be presented to the Alliance for consideration. For projects to
progress to the application stage as Alliance projects, the Alliance must vote and
approve the projects with a super majority (5) of the voting members. The following
individuals will serve as the Single Point of Contact authorized to represent each Party
in deliberations and voting regarding project identification and selection.
Chambers County, Cory Taylor, County Engineer
Harris County, Daphne Lemelle, Deputy Director, Harris County Community Services
Department
Liberty County, David Douglas, Engineering Director
City of Baytown, Frank Simoneaux, P.E., Public Works Director
H-GAC 021,14/2020
2 of 4
City of Mont Belvieu, Ricardo Villagrand, P.E., Community Development Director
City Engineer
Harris County Flood Control District, Russ Poppe, P.E., Executive Director
Houston -Galveston Area Council, Jeff Taebel, Director of Community and
Environmental Planning
The Parties listed on the Alliance joint applications will provide additional staff support
and resources, as necessary, to develop funding applications.
IV. ADMINISTRATIVE AND FISCAL AGENT
The administrative and fiscal agent for funding applications submitted under this MOU
will be determined by the majority of the voting members at the time the project is
approved by the Parties, subject to the acceptance of the nomination by the Party
selected. If the Party the Alliance votes to be the administrative and fiscal agent
declines to assume the role, the Parties will vote again. Responsibilities of the lead
agency will include:
• Submitting funding applications and serving as the primary grantee
• Procuring consultants, contractors, and/or designating subgrantees to conduct
planning and project implementation in accordance with grant requirements.
• Requiring all contractors, vendors and subgrantees to adhere to all applicable
state and federal laws and regulations and to conduct all necessary monitoring
to ensure such compliance.
• Serving as the fiscal agent, responsible for accounting, payments and
maintaining administrative and fiscal records for required retention periods and
making them available for monitoring or audits.
• It is understood that the lead agency, and any subgrantees listed on applications,
may need to receive further approvals from their respective governing bodies
before applying for and accepting grants. The Parties acknowledge that
additional interlocal agreements that further define the Parties' roles and
responsibilities for each joint application, including but not limited to, funding
shares, ownership of liabilities, and long-term operation and maintenance of the
completed project may be necessary.
• The Party serving as the administrative and fiscal agent shall ensure that its
roles and responsibilities are clear to the granting agencies.
H-GAC 02/ 14/2020
3 of 4
V. TERM AND TERMINATION
The term of this MOU shall be five years from the date of final execution. Any Party
may terminate its participation in this MOU with or without cause upon thirty days
written notice to the other Parties.
VI. EXECUTION; MULTIPLE COUNTERPARTS
The Parties have executed and delivered this MOU on the date set forth next to their
respective signatures below, but the MOU is effective as of the date of the last
signature. This MOU may be executed in several counterparts. Each counterpart is
deemed an original. All counterparts together constitute one and the same instrument.
Each Party warrants that the undersigned is a duly authorized representative with the
power to execute this MOU.
Signature Date The Honorable Jimmy Sylvia, Chambers County Judge
Signature Date The Honorable Jay Knight, Liberty County Judge
Signature Date The Honorable Lina Hidalgo, Harris County Judge
Signature Date The Honorable Brandon Capetillo, Mayor, City of Baytown
The Honorable Nick Dixon, Mayor, City of Mont Belvieu
Signature Date
Signature Date Russ Poppe, P.E., Executive Director, Harris County Flood
Control District
Chuck Wemple, Executive Director, Houston -Galveston Area
Signature Date Council
H-GAC 0214/ 2020
4 of 4