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BAWA Resolution No. 2009-09 RESOLUTION NO.2009-09 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF BAYTOWN.ALLOWING THE CITY TO IMPLEMENT BAWA'S PROJECT(S)UNDER TI-IE IKE-CDBG PROGRAM:AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY: Section 1:That the Board of Directors of the Baytown Area Water Authority hereby authorizes and directs the President to execute and the Interim Assistant Secretary to attest to a Memorandum of Understanding with the City of Baytown allowing the City to implement BAWA's project(s)under the Ike- CDBG Program.A copy of the agreement is attached hereto,marked Exhibit"A,"and made a part hereof for all intents and purposes. Section 2:This resolution shall take effect immediately from and after its passage by the Board of Directors of the Baytown Area Water Authority. INTRODUCED.READ and PASSED,by the affirmative vote of the Board of Directors of the Baytown Area Water Authority this the 19°i day of August,2009. -Q1ZX//1 Azz-` JOHWX SANDI-IOP,President AT ST: LETICIA GA ZA,er A istant Secretary APPROVED AS TO FORM: ACID RAMIREZ,SR.,Gene ounsel R 1KarenTiles1BAN1'A\Resolution120091ResolutionforN10Uw1Cih4Gramdoc • AGREEMENT BETWEEN BAYTOWN AREA WATER AUTHORITY AND THE CITY OF F BAYTOWN 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 BAWA'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: 1. 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; 3. 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