R-2015-014 2015-02-09 RESOLUTION NO. R2015-14
A Resolution of the City Council of the City of Pearland, Texas,
approving an application for Texas Water Development Board Funding
for the construction costs related to Reflection Bay Water Reclamation
Facility Expansion and the design build costs for temporary wastewater
treatment package plant in the amount of $55,000,000.
WHEREAS, the City of Pearland has the authority to design, construct, operate and
maintain wastewater collection and treatment facilities; to raise revenues and assess
appropriate charges to assure that each participating party pays its appropriate share of
sewerage system costs; to accept or refuse to accept any wastes from any participating
party; to accept and utilize grants or other funds from any source for wastewater
management purposes; and, to carry out appropriate portions of an area wide water quality
management plan;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Council hereby approves application for Texas Water
Development Board Funding for the construction costs related to the Reflection Bay Water
Reclamation Facility Expansion and the design build costs for temporary wastewater
treatment package plant in the amount of$55,000,000, a copy of which is attached hereto
as Exhibit "A" and made a part hereof for all purposes.
Section 2. That the City of Pearland seeks a designation as a management
agency for wastewater collection and treatment within its city limits, in accordance with the
requirements of Section 208 of the Federal Water Pollution Control Act, as amended.
PASSED, APPROVED and ADOPTED this the 26TH day of January, A.D., 2015.
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TOM REID
MAYOR
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ATTEST:
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APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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Resolution No. R2015-14
Exhibit "A"
TWDB-020 Ia
Rev 1/3/2014
Application Filing and Authorized Representative Resolution(WRD-201a)
A RESOLUTION by the City Council of the City of Pearland,Texas requesting
financial assistance from the Texas Water Development Board; authorizing the filing of an application for
assistance;and making certain findings in connection therewith.
•
BE IT RESOLVED BY THE City Council OF THE City of Pearland,Texas .
SECTION 1: That an application is hereby approved and authorized to be filed with the Texas Water
Development Board seeking financial assistance in an amount not to exceed$ 55,000,000 to provide for the costs
of expansion of the City's Reflection Bay Water Reclamation Facility including construction of the permanent expansion
Iand design and construction of the emergency design build temporary package plant project.
SECTION 2: That City Manager, Deputy City Manager and Assistant City Manager he and is hereby
designated the authorized representative of the City of Pearland,Texas 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
1 in the preparation and submission of such application and appear on behalf of and represent the
City of Pearland,Texas before any hearing held by the Texas Water Development Board on such application,to wit:
Financial Advisor: Mr. John Robuck,Vice President-Texas Public Finance
BOSC, Inc.
1401 McKinney St. Suite 1000 Houston,TX 77010
Engineer: Mr.Jeffrey Peters, P.E., BCEE
CDM Smith Inc.
3050 Post Oak Blvd., Suite 300 Houston,Texas 77056
Bond Counsel: Mr. Rick A.Witte
Andrews Kurth
600 Travis,Suite 4200 Houston TX 77002
PASSED AND APPROVED,this the 26th day of January 20 15
ATTEST: Young Lorf ing By: —4. . IL.
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Revised 11/1/2011
Not Applicable LEGAL CERTIFICATION—LEASE/CONTRACT
In the alternative, I certify that
(Legal Name of Applicant.i.e..City.District.etc.)
has executed a written lease or other contractual agreement to use the property needed for this
(water) (wastewater) project that extends through , the life of the Texas Water
Development Board loan or grant that will be used to finance this project, either in whole or in
part. A copy of this lease or agreement is attached hereto.
Not Applicable LEGAL CERTIFICATION—PROPERTY EASEMENT
In the alternative, I certify that
(Legal Name of Applicant,i.e.,City,District,etc.)
has executed an express easement to use the property needed for this (water) (wastewater)
project that extends through ,the life of the Texas Water Development Board loan or grant
that will be used to finance this project, either in whole or in part. A copy of the express
easement agreement is attached hereto.
EXECUTED this 2 6 day of 01 , 20 1 5 .
(si r∎
Mr. Clay Pe- son
(Print Name)
City Manager
(Title)
Sworn to and subscribed before me by 421P on D I ,20 IS .
144-
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Notary Public in and for the State of Vexas
[SEAL]
My Commission expires:Q; 14.1017
MARIA E.RODRIGUEZ
• • • NutarY mac,State of Texas
My Commission Expires;
'lx' 02/26/2017
TWDB-0201
Revised 2/21/2013
Application Affidavit (wRD-201)
THE STATE OF TEXAS
COUNTY OF Brazoria §
APPLICANT City of Pearland,Texas §
BEFORE ME,the undersigned,a Notary Public in and for the State of Texas,on this day
personally appeared Mr.Clay Pearson as the Authorized Representative of the
City of Pearland,Texas ,who being by me duly sworn,upon oath says that:
1. the decision by the City of Pearland.Texas (authority,city,county,corporation,
district) to request financial assistance from the Texas Water Development Board("Board")was made in a public
meeting held in accordance with the Open Meetings Act(Government Code,§551.001,et seq,)and after providing
all such notice as required by such Act as is applicable to the City of Pearland,Texas (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,Texas (authority,city,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"):
the pending compliance violations and enforcement negotiations with the Texas Commission on Environmental
Quality concerning the Reflection Bay Water Reclamation Facility(formerly Far Northwest Wastewater Treatment Plant).
4. the City of Pearland,Texas (authority,city,county,corporation,district)warrants
compliance with the representations made in the application in the event that the Board provides the financial
assistance;and
5. the City of Pearland,Texas (authority,city,county,corporation,district)will comply
with all applicable federal laws,rules,and regulations as well as the law 'f thi state and the rules and regulations
of the Board.
_ i
• cial Repr /1 tative-Mr.Clay Pearson
Title: City Manager
SWORN TO AND SUBSCRIBED BEFORE ME,by CI Ai �> L�SOAl
this �� day of 3f4l uf4R— ,20,Is• �J
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/AP / /
II (NOTARY'S SEAL) \rl/ /or • i .r;adk.a...e_.
Notary Public,State of Texas '
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,...........,
t3"4,4, MARIA E.RODRIGUEZ
% , *1,1 Notary Public,State of Texas
4 My Commission Wes.�''•• 02/26/2017
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T W DB-0201 B
Revised 02/21/2013
Application Resolution - Certificate of Secretary (WRD-201b)
THE STATE OF TEXAS §
COUNTY OF Brazoria §
APPLICANT City of Pearinad §
I,the undersigned,Secretary of the City of Pearland Texas,
DO HEREBY CERTIFY as follows:
1. That on the 26th day of January 20 15 ,a regular/special meeting of the
City of Pearland _ held at a meeting place within the City;the duly
constituted members of the City Council of the City of Pearland,Texas being as follows:
Carbone, Sherman, Ordeneaux,Moore and Hill
and all of said persons were present at said meeting,except the following:
Among other business considered at said meeting,the attached resolution entitled:
"A RESOLUTION by the City Council of the City of Pearland,Texas
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."
City of Pearland City Council
was introduced and submitted to the for passage and adoption. After
presentation and due consideration of the resolution,and upon a motion made by @ounc i lmember Hill
and seconded by Counci lmember Carbone ,the resolution was duly passed and adopted by the
by the following vote:
5 voted"For" voted"Against" abstained
all as shown in the official Minutes of the January 26, 2 01 Tor the meeting held on the aforesaid date.
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,Texas ;the duly qualified and acting members of the City Council
on the date of the aforesaid meeting are those persons shown above and,according to the records of my office,
advance notice of the time,place and purpose of said meeting was given to each member of the
City Council ;and that said meetiv,and deliberation of the aforesaid public business,was open to
the public and written notice of said meeting, including the subject of the above entitled resolution,was posted and
given in advance thereof in compliance with the provisions of Chapter 551 of the Texas Government Code.
IN WITNESS WHEREOF,I have hereunto signed my name officially and affixed the seal of
said 6 i'4y Sec rcie K ,this the l.le of SANUA It-y ,20 15 .
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ED-l01
Revised 11/1/2011
STATE OF TEXAS §
COUNTY OF Brazoria §
SITE CERTIFICATE
Before me, the undersigned notary, on this day personally appeared Clay Pearson, City Manager , a
person whose identity is known to me or who has presented to me a satisfactory proof of identity. After I
administered an oath,this person swore to the following:
(1) My name is Clay Pearson, City Manager of the City of Pearland, Texas . I am over 18 years of age
and I am of sound mind,and capable of swearing to the facts contained in this Site Certificate. The facts
stated in this certificate are within my personal knowledge and are true and correct.
(2) I am an authorized representative of City of Pearland , an entity that has filed an application for financial
assistance with the Texas Water Development Board for a(water)(wastewater)project.
LEGAL CERTIFICATION —OWNERSHIP INTEREST
This is to certify that the City of Pearland,Texas
(Legal Name of Applicant,i.e.,City,District,etc.)
has acquired or is in the process of acquiring the necessary real property interest,as evidenced by
fee simple purchase or fully executed earnest money contracts, firm option agreements to
purchase the subject property or the initiation of eminent domain procedures, that such
acquisition will guarantee access and egress and such interest will contain the necessary
easements, rights of way or unrestricted use as is required for the project being fmanced by the
Texas Water Development Board. The legal description is referenced below:
1818 Reflection Bay Drive, Pearland Texas 77584
(Location.and Description of Property Interests acquired for Project)
Any deeds or other instruments required to be recorded to protect the title(s)held by
the City of Pearland,Texas
(Legal Name of Applicant)
have been recorded or filed for the record in the County deed records or other required location.
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WRD-213
Revised May,2009
CERTIFICATION REGARDING LOBBYING
The undersigned certifies,to the best of his or her knowledge and belief,that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress,an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form LLL "Disclosure Form to Report Lobbing," in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers(including subcontracts,
subgrants,and contracts under grants, loans,and cooperative agreements) and that
all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352.
Any person who fails to file the required certification shall be subject to a civil penalty of
not - at '.10,000 and not more than$100,000 for each such failure.
ea.�• Agency or Organization Date
Mr. Clay Pearson, City Manager
Type Name &Title
Name and Address of Agency/Organization:
City of Pearland,Texas; 3519 Liberty Drive Pearland TX 775814