Ordinance No. 11,654ORDINANCE NO. 11,654
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
REPEALING ORDINANCE NO. 11,629, PASSED ON APRIL 28, 2011;
AUTHORIZING THE TRANSFER OF GRANT FUNDS IN THE CDBG DISASTER
RECOVERY ENTITLEMENT GRANT TO THE CDBG NON - HOUSING
EMERGENCY POWER IMPROVEMENTS PROJECT FOR THE BAYTOWN AREA
WATER AUTHORITY'S WATER TREATMENT PLANT; APPROVING BAYTOWN
AREA WATER AUTHORITY'S CONSTRUCTION CONTRACT WITH T & C
CONSTRUCTION, LTD., FOR THE CONSTRUCTION OF THE IMPROVEMENTS
IN THE AMOUNT OF TWO MILLION NINE HUNDRED THIRTY -EIGHT
THOUSAND AND NO /100 DOLLARS ($2,938,000.00); AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
WHEREAS, on April 20, 2011, the Board of Directors of the Baytown Area Water Authority
( "BAWA ") authorized a construction contract with T & C Construction, Ltd., for emergency power
improvements at Baytown Area Water Authority's water treatment plant (the "Project ") in an amount of
TWO MILLION SIX HUNDRED FIFTY -EIGHT THOUSAND AND NO /100 DOLLARS
($2,658,000.00); and
WHEREAS, the grant amount awarded for the Project under the CDBG Disaster Recovery Grant
is ONE MILLION SEVEN HUNDRED EIGHTY -FIVE THOUSAND EIGHT HUNDRED FIFTY AND
NO /100 DOLLARS ($1,785,850.00); and
WHEREAS, at that time, it was thought that ONE MILLION ONE HUNDRED THIRTY -
SEVEN THOUSAND NINE HUNDRED FIFTY AND NO /100 DOLLARS ($1,137,950.00) in additional
funding was needed given the contract price and the need for an allowance for contingencies; and
WHEREAS, the City of Baytown had a cost savings in one of its projects under the CDBG
Disaster Recovery Grant and was willing to transfer funds from that project to BAWA for the Project; and
WHEREAS, on April 28, 2011, the City Council of the City of Baytown passed Ordinance No.
11,629, authorizing the transfer of grant funds in the CDBG Disaster Recovery Entitlement Grant to the
CDBG Non - Housing Emergency Power Improvements Project for the Baytown Area Water Authority's
( "BAWA ") Water Treatment Plant; and
WHEREAS, on May 25, 2011, the BAWA Board of Directors reauthorized the construction
contract for the Project for the proper contract amount; and
WHEREAS, because BAWA's action, the amount of grant funds, which the City Council
authorized on April 28, 2011, for the transfer is no longer correct; and
WHEREAS, ONE MILLION ONE HUNDRED FIFTY -TWO THOUSAND ONE HUNDRED
FIFTY AND NO /100 DOLLARS ($1,152,150.00) rather than ONE MILLION ONE HUNDRED
THIRTY -SEVEN THOUSAND NINE HUNDRED FIFTY AND NO /100 DOLLARS ($1,137,950.00) in
additional funding is needed given the correct contract amount; and
WHEREAS, the legislation creating the Baytown Area Water Authority ( "BAWA ") requires that
the City Council of the City of Baytown approve contracts entered into by BAWA; and
Wl I f',"RI--'AS, the City/ COL1116 I of the CO.), of Baytown bclieves that the transferof.grant funds and
the construction contract is desirable. fair, and advantageous flor the perforrviance of the BAWA's rights
,ind powers; NOW THEREFORF,
BL: 14* ORDAINED BY T] IF, CITY COUNCIL 01� —ITJE CITY 01 BAYTOWN,TEXAS:
Section 1: That the City Council of the Cavity of Baytown, Texas hereby repeals Ordinance
No, 11,629 passed on April 28, 2011, in its entirety.
Section 2: That the City Council of the City of Baytown hereby authorizes tile transfer of
ONE' MILLION ONE HUNDRU'll) FIFTY-TWO THOUSAND ONU�', 11UNDR]"I'D FIFTY AND NO/100
DOLLARS ($1,152,150.00) of grant funds in the CDBG Disaster Recovery I-I'mitlement Grant to the
CDBG Non-Housing Emergency Power hoprovernents Protect for the Bayurm,'n Area Water Authority
("BAWA") Water'freati=nt Plant.
Section 3): That the City Council of the City, of Bayte. wn, Texas, hereby approves the
Construction Contract with f & C Construction, Ltd., I'm tile construction of the improvements in the
amomit of TWO MILLIO IINI" HUNDRED THIRTY- FIGHT THOLISAND AND N0/100
DOLL,ARS ($2,938,000.00).
Section 4: This ordinance shall take effect iMmediately firon,,,A "jid after its passage by the
City COLIVICil 0ftIlC City 0fB,1)t't0W11-
INTRODUCED, Rl;Al) and PASSED by the affirmative volk. )f tile City COLIFICil OfflIC City' Of.
Baytown this the 26"' day of Mary, 20 ,1 1.
APPROVI'D AS TO FORM:
(Irl ACIO RAMIREZ, SR., City i for ey
o
CAR CAS, �'kiyor
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