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Ordinance No. 11,088ORDINANCE NO. 11,088 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AGREEMENT FOR THE PARTICIPATION IN THE APPLICATION AND DISTRIBUTION OF HURRICANE IKE DISASTER COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WITH HARRIS COUNTY; 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, Texas, hereby authorizes the Mayor to execute an Agreement for the Participation in the Application and Distribution of Hurricane Ike Disaster Community Development Block Grant Funds with Harris County. A copy of said memorandum 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 the affirmative vot the City Council of the City of Baytown this the 12th day of March. 2009. ATTEST: KAYT�l DARNEL'I✓, City Clerk APPROVED AS TO FORM: dt-�� 1,4 - ACIO RAMIREZ, SR.. C' Attorney S r pSTOW � F Ucn f 1\cobsrvl\lcgaKKaren\ Filesl CityCouncil \Ordinanccs\2009Warch 12'a arrisCountyNIOU4JointFunding4lke .doc Exhibit "A" AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF BAYTOWN FOR THE PARTICIPATION IN THE APPLICATION AND DISTRIBUTION OF HURRICANE IKE DISASTER COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THE STATE OF TEXAS COUNTY OF HARRIS This Agreement, made and entered into by and between HARRIS COUNTY, a body corporate and politic under the laws of the State of Texas, hereinafter sometimes referred to as "County," and THE CITY OF BAYTOWN, a municipal corporation under the laws of the State of Texas, hereinafter sometimes referred to as the "City." WITNESSETH: WHEREAS, the City has elected to participate in the Harris County Consolidated Region (HCCR) Application for Hurricane Ike Disaster Community Development Block Grant (CDBG) funds. These funds will be used to address unmet needs in housing, infrastructure. and economic development damages caused by Hurricane Ike and to mitigate future disaster events. Per Federal statute, a portion of funding must benefit low - income residents; and WHEREAS, the city hereby expresses its intent to seek formal approval of its governing body to participate under the HCCR CDBG Disaster Recovery program by executing a Memorandum of Understanding to the County; and WHEREAS, the County is willing to cooperate with the City in the development and implementation of the City's Disaster Recovery project(s) under the Disaster Community Development Block Grant Program: and WHEREAS, the County will allocate a proportion of Hurricane Ike Disaster Community Development Block Grant funding to the City based on a Method of Distribution established by the County for eligible project(s); and WHEREAS, this agreement shall be of no force and effect unless and until it is executed by both parties hereto and certified by counsel for all parties hereto on the forms set forth below. THEREFORE, the parties hereto agree as follows: I. The County will produce and submit an application for a grant under the HCCR Flurrican Ike Disaster Community Developemt Block Grant Recovery Program to the United States Department of Housing and Urban Development. ( "CDBG Grant ") 2. The City will participate with the County in the preparation and submission of the application for the CDBG Grant, providing to the County all necessary information necessary for the submission or the CDBG Grant application. 3. The City will submit for the CDBG Grant the critical public infrastructure projects along with the estimated costs and funding detailed in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes. 4. If any proceeds are awarded under the CDBG Grant, the County will allocate and distribute the proceeds of the CDBG Grant to the City and other participating cities based on the Method of Distribution established by the County for eligible projects in accordance with federal law application to the CDBG Grant. IN WITNESS WHEREOF this instrument in duplicate originals, has been executed by the parties hereto as follows: APPROVED AS TO FORM: VINCE RYAN Harris County Attorney By: DOUGLAS P. RAY Director, Harris County Community and Economic Development Department APPROVED AS TO FORM: By: IGNACIO RAMIREZ, SR. City Attorney HARRIS COUNTY By: DAVID B. TURKEL Date Signed: CITY OF BAYTOWN By: STEPHEN H. DONCARLOS Mayor Date Signed: THE STATE OF TEXAS § § COUNTY OF HARRIS § The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the Harris County Administration Building in the City of Houston, Texas, on the day of , 2009, with the following members present, to wit: Ed Emmett County Judge El Franco Lee Commissioner, Precinct No. 1 Sylvia R. Garcia Commissioner, Precinct No. 2 Steve Radack Commissioner, Precinct No. 3 Jerry Eversole Commissioner, Precinct No. 4 And the following members absent, to -wit constituting a quorum, when among other business, the following was transacted: ORDER AUTHORIZING AN AGREEMENT BETWEEN HARRIS COUNTY AND Commissioner introduced an order and made a motion that the same be adopted. Commissioner seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote: The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and lawfully adopted. The order thus adopted follows: WHEREAS, the City has elected to participate in the Harris County Consolidated Region (HCCR) Application for Hurricane Ike Disaster Community Development Block Grant (CDBG) funds. These funds will be used to address unmet needs in housing, infrastructure, and economic development damages caused by Hurricane Ike and to mitigate future disaster events. Per Federal statute, a portion of funding must benefit low- income residents; and WHEREAS, the city hereby expresses its intent to seek formal approval of its governing body to participate under the HCCR CDBG Disaster Recovery program by executing a Memorandum of Understanding to the County: and WHEREAS. the County is willing to cooperate with the City in the development and implementation of the City's Disaster Recovery project(s) under the Disaster Community Development Block Grant Program; and WHEREAS, the County will allocate a proportion of Hurricane Ike Disaster Community Development Block Grant funding to the City based on a Method of Distribution established by the County for eligible project(s). Yes No Abstain Judge Emmett :1 0 ❑ Comm. Lee 7i ❑ 71 Comm. Garcia 73 L ❑ Comm. Radack ❑ ❑ Comm. Eversole 0 ❑ 71 The County Judge thereupon announced that the motion had duly and lawfully carried and that the order had been duly and lawfully adopted. The order thus adopted follows: WHEREAS, the City has elected to participate in the Harris County Consolidated Region (HCCR) Application for Hurricane Ike Disaster Community Development Block Grant (CDBG) funds. These funds will be used to address unmet needs in housing, infrastructure, and economic development damages caused by Hurricane Ike and to mitigate future disaster events. Per Federal statute, a portion of funding must benefit low- income residents; and WHEREAS, the city hereby expresses its intent to seek formal approval of its governing body to participate under the HCCR CDBG Disaster Recovery program by executing a Memorandum of Understanding to the County: and WHEREAS. the County is willing to cooperate with the City in the development and implementation of the City's Disaster Recovery project(s) under the Disaster Community Development Block Grant Program; and WHEREAS, the County will allocate a proportion of Hurricane Ike Disaster Community Development Block Grant funding to the City based on a Method of Distribution established by the County for eligible project(s). NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS COUNTY, TEXAS THAT: David B. Turkel, Director of the Harris County Community Services Department is hereby authorized to execute for and on behalf of Harris County, an Agreement between Harris County, and the City of <mergefield >, in the Harris County Consolidated Region (HCCR) Application for Hurricane Ike Disaster Community Development Block Grant (CDBG) funds which Agreement is hereby referred to and made a part hereof for all purposes as though fully set out herein. Exhibit "A" CDBG Disaster Funding - Critical Public Infrastructure, 1 City of Baytown — CDBG Disaster Funding for Critical Public Infrastructure Total Estimated Project Activity Project Name Hazard Mitigation Project Project Total CDBG CDBG Project Description Estimated Request Funding Comments Cost Harden Critical Public Public Facility Reinforce multiple critical public In addition to Facility Facilities Wind retrofits facilities against wind and $7,800,000 $5,000,000 $1,500,000 bond funds windbome debris Design and construct critical systems (control building, laboratory, blowers, de- watering Central District system, electrical controls, lift Sewer Treatment Wastewater station, clarifiers, etc.) outside of $15,000,000 $3,000,000 $1,250,000 Emergency Treatment Plant the flood plane by elevating the generator only structures and building higher the retaining walls; replacing the chlorination basins that were damaged during Hurricane Ike. East District Design and installation for an Sewer Treatment Wastewater emergency generator, automatic $1.250,000 $1,250,000 $1,250,000 Emergency Treatment Plant transfer switch, retrofit wiring generator only throughout the plant, etc. Citywide Lift Stations Elevate lift stations above surge Portable Sewer System (lines, (approximately 20 elevations to protect health and $15,000,000 $3,000,000 $1,000,000 generators for pump stations, etc.) need this safety by reducing sewer effluent lift stations in mitigation) discharge during flood events flood zones Design and installation of mobile and fixed electric generators for Citywide Lift 12 lift stations. When the sewer Fixed Sewer System (lines, Stations lift stations are without power for generators for pump stations, etc.) (approximately 12 only a few hours, raw sewage $6,000,000 $6,000,000 $1,000,000 lift stations need this leaks from the system. This is outside flood mitigation) hazardous to the health and zones welfare of citizens and to the environment. CDBG Disaster Funding - Critical Public Infrastructure, 2 Total Estimated Project Activity Project Name Hazard Mitigation Project Project Total CDBG CDBG Project Description Estimated Request Funding Comments Cost Design, relocation, and reconstruction of the Raccoon Road Lift Station and Force Main Currently under Sewer System (lines, Raccoon Lift to elevate it out of the floodplain investigative pump stations, etc.) Station and eliminate the wastewater $6,000,000 $3,000,000 $0 study prior to Improvements overflows that result from inflow design and infiltration and the deteriorated condition of the existing facility Repair and reconstruction of local Emergency Medical Service Construct hardened Baytown (EMS) facility to improve the Add to existing Critical Public Emergency structure's ability to withstand $x,250,000 $1,000,000 $500,000 bond funds as Infrastructure Medical Services hurricane effects to remain part of (EMS) facility effectively delivering community expansion emergency medical care during ands after disaster events Baytown Construct Category 4 storm rated Construct hardened Emergency building for a safe emergency Multi- purpose Critical Public Services Support services support facility for $3,900,000 $3,000,000 $2,000,000 EOC expansion Infrastructure facility mission essential first responder operations. Emergency Protect citizens by warning of Expand public Emergency Alert Warning AM & FM emergency threats and conditions. $500,000 $500,000 $500,000 notification radio Radio System Radio System Digital FM and AM public alert and system communications system. CDBG Disaster Funding - Critical Public Infrastructure, 3 Total Estimated Project Activity Project Name Hazard Mitigation Project Project Total CDBG CDBG Project Description Estimated Request Funding Comments Cost Design and construction of a Under design Hurricane freeway "flyover' connector for an now. Funding Evacuation Route essential hurricane evacuation for "Local Roads and Streets Construction - route. This will connect HWY 146 $15,000,000 $12,000,000 $1,000, 000 Match" for HWY 146 &Sup South to HWY 330 North, a possible Feb. 330 North Freeway mandated evacuation route for 2010 "Flyover" Hams and Chambers Counties construction during hurricane events. Design and installation for an emergency generator system to Water System Bay Area Water provide emergency electrical Emergency (treatment, storage, Authority Water power for 100% potable water $10,000,000 $3,000,000 $1,450,000 Generator only lines, etc.) Treatment Plant production and to maintain potable water delivery system to Baytown area. TOTAL i I i $81,700,000 $40,750,000 i $11,450,000