HomeMy WebLinkAboutR23-598317
RESOLUTION NO. R23-598
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLAINVIEW AUTHORIZING THE SUBMITTAL OF AN
APPLICATION FOR STATE PARTICIPATION IN THE
RELOCATION OF CERTAIN PUBLICLY -OWNED UTILITY
FACILITIES IN COOPERATION WITH THE TEXAS DEPARTMENT
OF TRANSPORTATION
WHEREAS, the State of Texas has deemed it necessary to make certain
Highway improvements on Highway No. SH 194 from IH 27 to FM 3466, and this
section of highway improvements will necessitate the acquisition of certain right of
way and the relocating and adjusting of utilities (the "Project"); and
WHEREAS, Texas Transportation Code §§ 201.103 and 222.052 establish
that the State of Texas shall design, construct, and operate a system of highways
in cooperation with local governments; and
WHEREAS, Texas Transportation Code § 201.209 authorizes the State of
Texas and a Local Government to enter into agreements in accordance with Texas
Government Code, Chapter 791; and
WHEREAS, in accordance with the aforementioned statutes, the Texas
Department of Transportation and City of Plainview propose to enter into a
contractual agreement regarding the acquisition of the right of way and relocation
and adjustment of utilities for the Project; and
WHEREAS, the City of Plainview is a home -rule municipality and political
subdivision of the State of Texas and pursuant to the constitution and laws of the
State of Texas including, but not limited to, Article 11, Section 5 of the Texas
Constitution as a home -rule city, Chapter 552 of the Texas Local Government
Code and the Plainview City Charter, has the authority to operate a water utility
system for the benefit of the citizens of the City of Plainview; and
WHEREAS, the proposed Project will necessitate the adjustment, removal,
and/or relocation of certain facilities and water pipelines that are owned and
operated as the water utility of the City of Plainview; and
WHEREAS, the State will participate in the costs of the adjustment,
removal, and relocation of certain facilities to the extent as may be eligible for State
and/or Federal participation; and
WHEREAS, the City of Plainview has provided the State of Texas sufficient
evidence detailing the City of Plainview's interest in lands, facilities and water
pipelines being impacted by the Project that entitles the City of Plainview to
reimbursement for the adjustment, removal, and relocation of the City's facilities
and water pipelines impacted by the Project; and
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WHEREAS, City of Plainview plans to submit an Application for State
Participation in the Relocation of Certain Publicly -Owned Utility Facilities seeking
reimbursement from the State of Texas of the cost to adjust, remove and relocate
the City's facilities and water pipelines due to the reconstruction associated with
the Project; and
WHEREAS, in order to be eligible for reimbursement from the State of
Texas, certain requirements as outlined in Texas Transportation Code Section
203.092(a-4) including showing that payment for all or a part of the relocation of
the utility facility does not exceed $10 million for the relocation of utilities authorized
under in any fiscal year, the impacted utility is a political subdivision or owned by a
political subdivision, financial condition would prevent the utility from being able to
pay the cost in full or in part or, if paid at that time, the payment would adversely
affect the utility's ability to operate or provide essential services to its customers
and the utility would not be able to receive a state infrastructure bank loan to
finance the cost of the relocation and is otherwise unable to finance that cost; and
WHEREAS, Hale County, the county in which Plainview lies, has been
designated as an Economically Disadvantaged County by the Texas Department
of Transportation from 2017 to 2022; and
WHEREAS, the Federal Emergency Management Agency has issued
disaster declaration for Hale County including the City of Plainview for the COVID-
19 Pandemic Disaster Declaration since January 20, 2020 and the Texas Severe
Winter Storms which occurred on February 19, 2021; and
WHEREAS, the United States Department of Agriculture has issued a
USDA Emergency Disaster Designation for Hale County because of severe
drought for the years 2018, 2019, 2020, 2021 and 2022; and
WHEREAS, the Texas Department of Transportation desires to accelerate
the timing the complete the Project and the City of Plainview seeks to expedite the
relocation of the utilities in cooperation with the Texas Department of
Transportation and as such, the City of Plainview is unable to receive a state
infrastructure bank loan to meet the accelerated time line or secure necessary
financing in time or finance the cost associated to adjust, remove and relocate the
City's facilities and water pipelines due to the reconstruction associated with the
Project; and
WHEREAS, any funding needed from the City to adjust, remove and
relocate the City's facilities and water pipelines due to the reconstruction
associated with the Project will be taken from City of Plainview reserves to meet
the needs of Texas Department of Transportation's Project; and
WHEREAS, the City of Plainview any debt issued by the City of Plainview
has been dedicated to finance water and sewer improvements critical to the
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operations of the City of Plainview's water utility for the benefit the City's customers
and the citizens of the City of Plainview; and
WHEREAS, based on the facts outlined in the recitals above the City
Council of the City of Plainview believes it meets the qualifications to receiving
funding from the State of Texas Facilities for reimbursement from the State of
Texas of the cost to adjust, remove and relocate the City's facilities and water
pipelines due to the reconstruction associated with the Project and supports the
City submitting an Application for State Participation in the Relocation of Certain
Publicly -Owned Utility and believes that by doing so is in the best interest of the
City of Plainview and its citizens;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLAINVIEW, TEXAS, THAT:
1. The recitals outlined above are, to the best of the knowledge of the City
Council, found to be true and correct and are hereby adopted, approved and
incorporated herein as though set forth fully herein.
2. The City Manager is hereby authorized and directed to submit an
Application for State Participation in the Relocation of Certain Publicly -Owned
Utility to the Texas Department of Transportation to assist with the cost of
relocating the City of Plainview water utilities impacted by the Project.
3. The Mayor and/or City Manager are hereby authorized to execute and
submit any additional documentation required of the State of Texas in support of
the submission of the Application for State Participation in the Relocation of Certain
Publicly -Owned Utility and/or to effectuate the purposes outlined in this resolution.
PASSED AND APPROVED this 28fh day of February, 2023.
ATTEST:
&,;, 4,
Belinda Hinojos ity Secretary
1
Charles Starnes, Mayor
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