Ordinance No. 11,169ORDINANCE NO_ 11 _1 69
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE INTERIM CITY
CLERK TO ATTEST TO A MEMORANDUM OF UNDERSTANDING WITH
THE BAYTOWN AREA WATER AUTHORITY (BAWA) ALLOWING THE CITY
OF BAYTOWN TO IMPLEMENT BA'%%.,A'S PROJEC "f(S) UNDER THE IKE CDBG
PROGRAM: AND PROVIDING FOR -1-1-LE EFFECTIVE DATE THEREOF.
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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 City
Manager to execute and the Interim City Clerk to attest to authorizing a Memorandum of Understanding
%with the Bayto«-n Area Water Authority ( "BAWA' ") allowing the City of Baytown to
implement BAWA's project(s) under the IKE CDBG Program_ A copy of said agreement is attached
hereto as Exhibit "A.'' and incorporated herein 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.
tNTRODUCED_ READ and PASSED by the affirmative vote of the C' Council of the City of
Baytown this the 13th day of August, 2009.
STE [EN I -1_ DONCARLOS. Mayor
ATTE
LE IC A GA _ Int im itv Clerk
APPROVED AS TO FORM:
ACID RAMIREZ_ SR., C' ty ttorney
R- 3:a1cuAFv1 —' -City Councii'.Ordinanecs 2009LAugust 13'.BAWA.ttOV doe
Exhibit "A"
AGREEMENT BETWEEN BAYTOWN AREA WATER AUTHORITY AND THE CITY OF
BAYTONNIN FOR PARTICIPATION IN THE APPLICATION AND IMPLEMENTATION OF
TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2008 SUPPLEMENTAL
DISASTER RECOVERY FUND: HURRICANES DOLLY AND IKE
THE STATE OF TEXAS
COUNTY OF HARRIS
This Agreement, made and entered into by and between BAYTOWN AREA WATER
AUTHORITY (BAWA). a body corporate and politic under the laws of the State of Texas, hereinafter
sometimes referred to as "BAWA," 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 apply to the Texas Office of Rural Community Affairs (the
"ORCA ") for the Texas Community Development Block Grant Program 2008 Supplemental Disaster
Recovery Fund: Hurricanes Dolly and Ike (the "IKE CDBG ") to address non - housing public
infrastructure that was damaged or failed to function during Hurricane Ike and to mitigate future disaster
events; and
WHEREAS. BAWA has likewise made the same election to seek funding from the IKE CDBG
for eligible projects; and
WHEREAS. BAWA hereby expresses its intent to seek formal approval of its governing body to
participate with the City under the IKE CDBG by executing this Memorandum of Understanding with
City; and
WHEREAS. City is willing to cooperate with BAWA in the development and implementation of
BA WA's project(s) under the IKE CDBG; 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;
NOW THEREFORE, the parties hereto agree as follows:
The City will produce and submit an application for a grant under IKE CDBG to the
ORCA for itself and on behalf of BAWA:
2. BAWA will participate with City in the preparation and submission of such application
for the IKE CDBG. providing to the City all necessary information necessary for the
submission or the IKE CDBG application;
If any proceeds are awarded under the Ike CDBG, the City will allocate and distribute the
proceeds of the IKE CDBG to BAWA for eligible projects in accordance with federal law
and the application to the IKE CDBG: and
4. BAWA will assume ownership and responsibility for long-term maintenance and
` operation of the eligible projects for which funds from the IKE CDBG will be used.
IN WITNESS WHEREOF this instrument in duplicate originals, has been executed by the parties
hereto as follows: f�
Signed this the/f day of ,2009.
BAYTOWN AREA WATER AUT$IOR!TY
42/I‘'' tZ'17111JO R. SANDHOP,Presiknt ,i
AT pY EST: '
1.1,&
L TICIA GA A, r m Assistant•Secretary ®� s TQ ;
a
AP
'OVED AS TO FORM: `'
4--t i i
is
NACIO RAMIREZ, Sr.,Gene ounsel
Signed this the/ / day of ,2009.
CITY OF B T
3 c,.. ..,..
GARRISON C. BR ACK, City Manager
AT EST:
LETICIA GA A, Int sistant Secretary
APPROVED AS TO FORM:
CIO RAMIREZ, Sr., Ci ttorney A y
I