Ordinance No. 11,090ORDINANCE NO. 11,090
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS. REPEALING ORDINANCE NO. 11,088, PASSED ON MARCI l 12, 2009,
REGARDING THE PARTICIPATION IN THE APPLICATION AND
DISTRIBUTION OF HURRICANE IKE DISASTER COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS: AUTHORIZING THE CITY TO
PARTICIPATE IN THE I-ICCR CDBG DISASTER RECOVERY PROGRAM;
APPROVING A NEW AGREEMENT WITH HARRIS COUNTY REGARDING
SUCH PROGRAM: AUTHORIZING THE MAYOR AND /OR CITY MANAGER
TO EXECUTE SUBSEQUENT AGREEMENTS CONSISTENT WITI1 THE
CITY'S PARTICIPATION IN THE PROGRAM UNDER SIMILAR TERMS:
APPROVING CERTAIN CRITICAL PUBLIC INFRASTRUCTURE PROJECTS
ALONG WITH THE ESTIMATED COSTS AND FUNDING.; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN. TEXAS:
Section l: That the City Council of the City of Bavto,.Nn. Texas, hereby repeals
Ordinance No. 11,088, passed on March 12, 2009, regarding the participation in the application and
distribution of Hurricane Ike Disaster Community Development Block Grant Funds.
Section 2: That the City Council of the City of Baytown, Texas, hereby authorizes the
City to participate in the HCCR CDBG Disaster Recovery Program.
Section 3: That the City Council of the City of Baytown, Texas, hereby authorizes the
Mayor to execute an Agreement for the Participation in Application and Distribution of 1 lurricane
Ike Disaster Community Development Block Grant Funds with Harris County. A copy of said
agreement is attached hereto, marked Exhibit "A" and made a part hereof for all intents and
purposes.
Section 4: That the City Council of the City of Baytown, Texas, hereby authorizes the
Mayor and/or City Manager to execute subsequent agreements consistent with the City's
participation in the program under similar terms.
Section 5: That the City Council of the City of Baytown, Texas. hereby approves critical
public infrastructure projects along with the estimated costs and funding, as more specifically
described in Exhibit 'B,'' which is attached hereto and incorporated herein for all intents and
purposes.
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 26`il day of March. 2009.
BRANDON CAPETILLO, Mayor Pro Tern
ATTEST:
City Cl
APPROVED AS TO FORM:
0� Oa TOE
q , :� A
spy. M
ACIO RAMIREZ. SR., City ttorney
1\cobsrv1\1-egal\Karen\Files \City CouncihOrdinances\2009\Nlarch 26\ HarrisCountvMO [141oin(Funding4 Ike. doc
Exhibit "A"
AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF
FOR THE PARTICIPATION IN THE APPLICATION AND DISTRIBUTION OF
HURRICANE IKE DISASTER CONIMUNITY 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 <mergefield >, a municipal corporation under the laws of the State of Texas, hereinafter sometimes
referred to as the "City."
WITNESSETII:
WHEREAS, the City has elected to participate in the Harris County Consolidated Region (FICCR)
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:
1. The County will produce and submit an application for a grant under the HCCR
Hurrican Ike Disaster Community Developemt Block Grant Recovery Program to the
Texas Office of Rural Community Affairs ( "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 understands and agrees that it will maintain ownership and responsibility of
long -term maintenance and operation of the improvements made using the CDBG
grant.
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 and state law applicable 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: HARRIS COUNTY
VINCE RYAN
Harris County Attorney
By: By:
DOUGLAS P. RAY DAVID B. TURKEL
Assistant County Attorney Director. Harris County Community and Economic Development
Department
Date Signed:
ATTEST: CITY OF <mergefield>
By
Mayor
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
❑
❑
❑
Comm. Lee
❑
❑
❑
Comm. Garcia
0
0
❑
Comm. Radack
❑
❑
❑
Comm. Eversole
0
❑
❑
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 "B"
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 (generator, control
building, laboratory, blowers, de-
watering system, electrical
Central District
controls, lift station, clarifiers, etc.)
Emergency
Sewer Treatment
Wastewater
outside of the flood plane by
$15,000,000
$3,000,000
$1,250,000
generator only
Treatment Plant
elevating the 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
Elevate lift stations and/or
Stations
electrical equipment above surge
Install
Sewer System (lines,
(approximately 20
elevations and install generators
$15,,000
000
$3,000,000
$1,000,000
generators for
pump stations, etc.)
need this
to protect health and safety by
lift stations in
mitigation)
reducing sewer effluent discharge
flood zones
during flood events
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 and installation of
Citywide Lift
generators for 12 lift stations.
Install
Stations
When the sewer lift stations are
generators for
Sewer System (lines,
(approximately 12
without power for long periods,
$6,000,000
$6,000,000
$1,000,000
lift stations
pump stations, etc.)
need this
raw sewage leaks from the
outside flood
mitigation)
system. This is hazardous to the
zones
health and welfare of citizens and
to the environment.
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
$1,250,000
$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.
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
Emergency
Protect citizens by waming of
Expand public
Emergency Alert
Radio System
Warning AM & FM
emergency threats and conditions.
Digital FM and AM public alert and
$500,000
$500,000
$500,000
notification radio
Radio System
communications system.
system
Design and construction of a
Under design
Hurricane
freeway "flyover' connector for an
Evacuation Route
essential hurricane evacuation
now. Funding
Roads and Streets
Construction -
route. This will conned HWY 146
$15,000,000
$12,000,000
$1,000,000
for "Local
Match" for
HWY 146 & Sup
South to HWY 330 North, a
330 North Freeway
mandated evacuation route for
possible Feb.
"Flyover"
Hams and Chambers Counties
2010
during hurricane events.
construction
Design and installation for an
Baytown Area
emergency generator system to
Water System
Water Authority
provide emergency electrical
Emergency
(treatment, storage,
Water Treatment
power for 100% potable water
$10,000,000
$3,000,000
$1,450,000
Generator only
lines, etc.
Plant
production and to maintain potable
water delivery system to Baytown
area.
TOTAL
$81,70 000
$40,750,000
$11,450,000
., �. �a_
• � _ .�
�,� _.
t� =a _ .�
..�