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HomeMy WebLinkAboutR2026-133 20260727RESOLUTION NO. R2026-133 A Resolution of the City Council of the City of Pearland, Texas, authorizing the submittal of a funding assistance application to the Texas Water Development Board Water Supply and Infrastructure Grant, for the costs associated with improvements to the City’s water infrastructure and operational management systems, in an amount not to exceed $21,000,000.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City council hereby authorizes the submittal of a funding assistance application to the Texas Water Development Board Water Supply and Infrastructure Grant, for the costs associated with improvements to the City’s water infrastructure and operational management systems, in an amount not to exceed $21,000,000.00. Section 2. That City Manager Trent Epperson is hereby authorized to execute the Application Filing and Authorized Respresentative Resolution attached as Exhibit A to the Texas Water Development Board. PASSED, APPROVED and ADOPTED this on the 27th day of July, A.D., 2026. ________________________________ QUENTIN WILTZ MAYOR ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ LAWRENCE G. PROVINS CITY ATTORNEY Docusign Envelope ID: 64A1B826-3EB3-8D52-80C4-705E5C6958DB Exhibit A TWDB-0201 A Rev 11/16 Application Filing and Authorized Representative Resolution A RESOLUTION by the City Council City of Pearland of the requesting financial assistance from the Texas Water Development Board; authorizing the filing of an application for assistance; and making certain findings in connection therewith. THE BE IT RESOLVED BY THE City Council City of Pearland OF SECTION 1: That an application is hereby approved and authorized to be filed with the Texas Water Development Board seeking financial assistance in an amount not to exceed $ 21,000,000 to provide for the costs of Water Infrastructure and Operational Management Systems SECTION 2: That Trent Epperson be and is hereby designated the authorized representative of the City of Pearland for purposes of furnishing such information and executing such documents as may be required in connection with the preparation and filing of such application for financial assistance and the rules of the Texas Water Development Board. SECTION 3: That the following firms and individuals are hereby authorized and directed to aid and assist in the preparation and submission of such application and appear on behalf of and represent the City of Pearland before any hearing held by the Texas Water Development Board on such application, to wit: Financial Advisor: Engineer: Bond Counsel: John H. Robuck, Managing Director BOK Financial Securities, Inc. Sunil Kommineni (PhD, PE, BCEE, Env SP), President Civitas Engineering Rick A. Witte, Partner (Bond Counsel) Jackson -Walker, LLP PASSED AND APPROVED, this the c--11-14. day of J U , 20"-' . ATTEST: (Seal) , , , � �PRLq , By: /ot lye# TW DB-020I B Rev 11/16 Application Resolution - Certificate of Secretary THE STATE OF TEXAS COUNTY OF Brazoria APPLICANT City of Pearland I, the undersigned, Secretary of the DO HEREBY CERTIFY as follows: § § City of Pearland Texas, 1. That on the 27th day of July , 20 26 , a regular/special meeting of the City Council was held; the duly constituted members of the City Council being as follows: Quentin Wiltz (Mayor), Joseph Koza, Tommy Echols, Mona Chavarria, Clint Byrom, Layni Cade, Rick Fernandez, and Rushi Patel all of whom were present at the meeting, except the following: Rushi Patel Among other business considered at the meeting, the attached resolution entitled: "A RESOLUTION by the City Council of the City of Pearland requesting financial participation from the Texas Water Development Board; authorizing the filing of an application for financial participation; and making certain findings in connection therewith." was introduced and submitted to the City Council for passage and adoption. After presentation and consideration of the resolution, and upon a motion made by Layni Cade seconded by Clint Byrom , the resolution was passed and adopted by the City Council of the City of Pearland by the following vote: 6 voted "For" all as shown in the official minutes of the City Council 0 voted "Against" 0 abstained for this meeting. and 2. That the attached resolution is a true and correct copy of the original on file in the official records of the City of Pearland ; the qualified and acting members of the City Council on the date of this meeting are those persons shown above and, according to the records of my office, advance notice of the time, place, and purpose of meeting was given to each member of the City Council ; and that the meeting, and the deliberations of the public business described above, was open to the public and written notice of the meeting, including the subject of the resolution described above, was posted and given in advance of the meeting in compliance with the provisions of Chapter 551 of the Texas Government Code. IN WITNESS WHEREOF, I have signed my name and affixed the seal of the �-\-t 0-c P e of " Lir4 , this the1 day of J H , 2044 . (SEAL) TWDB-0201 Rev 2/23 THE STATE OF TEXAS Application Affidavit § COUNTY OF Brazoria APPLICANT City of Pearland BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared Trent Epperson as the Authorized Representative of the City of Pearland , who being by me duly sworn, upon oath says that: 1. The decision by the City of Pearland (authority, city, county, corporation, district) to request financial assistance from the Texas Water Development Board ("TWDB") was made in a public meeting held in accordance with the Open Meetings Act (Government Code, §551.001, et seq,) and after providing such notice as required by such Act as is applicable to the City of Pearland (authority, city, county, corporation, district). 2. The information submitted in the application is true and correct according to my best knowledge and belief. 3. The City of Pearland (authority, city, county, corporation, district) has no litigation or other proceedings pending or threatened against it that would materially adversely affect its financial condition or ability to issue debt. 4. The City of Pearland ci (authority, ty, county, corporation, district) has no pending, threatened, or outstanding judgments, orders, fines, penalties, taxes, assessment or other enforcement or compliance issue of any kind or nature by the Environmental Protection Agency, Texas Commission on Environmental Quality, Texas Comptroller, Texas Secretary of State, or any other federal, state or local government, except for the following (if no such outstanding compliance issues, write in "none"): TCEQ/EPA wastewater compliance issues as attached and in the application 5. The City of Pearland (authority, city, county, corporation, district) warrants compliance with the representations made in the application in the event that the TWDB provides the financial assistance. 6. The City of Pearland (authority, city, county, corporation, district) is or will become in compliance with all of its material contracts. 7. The City of Pearland (authority, city, county, corporation, district) will comply with all applicable federal laws, rules, and regulations as well as the laws of this state and the rules and regulations of the TWDB. Official Representative Title: ' 7a"` 04 SWORN TO AND SUBSCRIBED BEFORE ME, bylf V * E 4,t i on this day of J\.), 1 ,207-40. (NOTARY'S SEAL) ���,Yp , LESLY DELGADO I,:►s"..4° Notary Public, State of Texas H Comm. Expires 04-01-2029 'x.14.6° ` Wiry ID 128978677 Nota i te` �I `1V..,„ TCEQ Enforcement Actions and Outstanding Compliance Summary Enforcements within 3 Years (as Required by Section III.6.E.) TCEQ Docket Number or Investigation Number Date of Enforcement Date of Resolution WWTP Facility Reason for Enforcement Actions to Resolve Enforcement Status 2129186 Apr 2026 July 2026 Longwood Water Reclamation Facility Failure to prevent unauthorized wastewater discharge, failure to provide notification of violation, and failure to operate and maintain the facility Facility will be decommissioned; TCEQ has received approved the Closure Plan; Implemented enhanced process control measures, strengthened the maintenance program, and added expanded lab oversight protocols. Closed 2129180 Apr 2026 N/A John Hargrove Water Reclamation Facility Failure to prevent unauthorized wastewater discharge and failure to comply with effluent limitations Implemented enhanced process controls, strengthened the maintenance program, and added expanded lab oversight protocols. City is coordinating with TCEQ on an Enforcement Diversion Program (EDP) TCEQ Docket Number or Investigation Number Date of Enforcement Date of Resolution WWTP Facility Reason for Enforcement Actions to Resolve Enforcement Status 2025-1375- MWD-E Mar 2025 N/A Southdown Water Reclamation Facility Failure to comply with effluent limitations Pump replacements, plant basin cleaning, and rental belt press Pending Finalization with TCEQ 2009464 Sep 2024 N/A Reflection Bay Water Reclamation Facility Failure to comply with effluent limitations Plant upgrades including rehabilitation of UV system, rebuild of cloth filters, and installation of DO & TSS automatic analyzers Pending Finalization with TCEQ 2024-0998- MWD-E Dec 2024 N/A Barry Rose Water Reclamation Facility Failure to comply with effluent limitations Completed critical facility maintenance and implemented process control and operation improvements Pending Finalization with TCEQ 2023-1388- MWD-E May 2025 Feb 2026 Longwood Water Reclamation Facility Failure to comply with effluent limitations and failure to collect/analyze 24- hr acute biomonitoring Overhaul of the centrifuge to address CBOD concentrations Closed TCEQ Docket Number or Investigation Number Date of Enforcement Date of Resolution WWTP Facility Reason for Enforcement Actions to Resolve Enforcement Status 2022-0781- MWD-E May 2022 July 2025 John Hargrove Water Reclamation Facility Failure to comply with effluent limitations Facility upgrade and rehab completed; improved process control measures. Closed Outstanding Compliance Issues (as Referenced in TWDB-0201) TCEQ Investigation Number Date of Notification WWTP Facility Notice of Violation Corrective Actions Compliance Issue Status 2129188 Apr 2026 Barry Rose Water Reclamation Facility Failure to prevent the unauthorized wastewater discharge I&I study performed; collection system maintenance along with facility upgrade and expansion to reduce potential sewer overflows. Corrective Actions sent to TCEQ 2129184 Apr 2026 Reflection Bay Water Reclamation Facility Failure to maintain flow measuring device Repairs made to flow measuring device Corrective Actions sent to TECQ *and all unresolved enforcement actions from the prior table