ORDER NO. ~'~7;:,9 AP'P'ROVAL TO TAE?LEA RESOI_CITION OFFICIAL..;._Y DECE_ARING THE CITY OF CEhJTER POINT A "CDLONIA" IN ACCORDAhdCE WITH DEFIhdITIOhJ PROMULGATED PY LJ. S. D. A. RURAL UTILITY SERVICES On this the ;.5th day of .7an~_iary Commissioner^ Williams, ~>econded Co~_ir~•t unanimously approved by a resol~.ition officially declaring "Golonia" in accordance with de U. S. D. A. R~_~ral Utility Services Commissioners' Co~_irt rtieeting on 1599, ~_ipon motion made by by Commissioner Lets, 'the vote of 4-0-0, to table the City of Center Point a Fini.ti.on pr^om~_~lgated by G_intil the second Febr•~~_iary c~~, 1995. COMMISSIONERS' COURT AGENDA REQUEST REVIEWED BY THE COURT. MADE BY: Bill Williams V~ a1 OFFICE: Commissioners' Court MEETING DATE: January 25, 1999 TIl~iE PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss resolution officially declaring the City of Center Point a "Colonia", in accordance with definition promulgated by U.S.D.A. Rural Utility Services. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Comm. Pct. #2/Comm. Hessetine-Center Point ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court, Court Order No. 25722. RESOLUTION COMMISSIONERS' COURT KERR COUNTY, TEXAS WHEREAS; the Community of Center Point, Texas, located in Kerr County, existed before October 1, 19989; and WHEREAS; the Community of Center Point lacks an adequate potable water supply system and an adequate sewage system; and WHEREAS; the Community of Center Point in many areas has sub- standard housing, roads, and drainage; NOW THEREFORE BE IT RESOLVED BY THE COMMISSIONERS' COURT OF KERB COUNTY: That according to the official definition of a colonia, as given by the USDA Rural Utility Services, the Community of Center Point is hereby officially declared to be a "colonia" community. Signed the 25~` day of January, 1999. FRED HENNEKE KERR COUNTY JUDGE Attested by: 7annett Pieper, County Clerk Kerr County, Texas CLARENCE L. LITTLEFIBLD, P.E. PRESIDENT SOUTHWEST ENGINEERS, INC. • ENGINEERS - 307 St Lawrence Street Gonzales, Texas 78629 PLANNERS Phone 830-672-7546 Fax 830-672-2034 December 30, 1998 Mr. Delmas Hesseltine, Mayor Pro Tem City otCenter Point P. O. Box 219 Center Point, Texas 78010 - 0219 Dear Mr. Hesseltine: Piease review the two example resolutions attached below when formally adopting the actions we have discussed regarding your application for funding. Of course, feel free to make any changes you may deem necessary. As you know, the first resolution is required by the funding organization to qualify the City of Center Point for funding eligibility. It formally states that you are submitting an application for funding. In addition, County Judge Fred Henneke must pass a second formal resolution -through _ the Commissioners Court - offrcially declaring Center Point to be a "colonic "This hopefuliy can be done soon. The Commissioner of your Precinct should be fully informed about all of this, too. He will very likely be supportive of your efforts. In this regard, I am enclosing a suggested resolution for the Kerr County Commissioners, Court to .consider passing for their colonic declaration. Sir, we look forward to working with you on these projects. If we can be of any further assistance whatsoever, please let us know. Respectfully submitted, _' AI Hays, P.E. Project Engineer r Enclosures: Two Suggested Resolutions JHN-lk3-~JJ Ui -'Lk5 F'f'1 bUU1MW t:~I tNl. tfSNb iLiYJJ4 f'. U1 Ctty o[ Center Point, Texas Wastewater Treatment & Collection System Construction Cost Estimate (1118/'99) Items Qtttatitia Unit Copt, S F.~ttauteet C t, S 6" Oran Lino? 27 000' 13.00 417000 s" liter :~ 7ao' m.ae 334000 10" ((3a ' Liao 3200' 23.00 i0 000 6" Fe+ee Mtanut 5300' 6.30 46 730 Lilt Statlen~ 4 60000 240000 Sttn. Scwa Sttrvloe~ 430 130 i07 Ckea Outs 10 330 3300 Man Holy 114 1300 11100D Favament 2 3i0 LF 10 23 000 Airs 330 100 33000 16" Steel - 106 130 60000 1 :4.00/ 000 000 g _ :2,624,5 13000 ~ 10 p 10000 t~.0x 173000 S~tafd :2,613,3 l3 423 300 7etttl ' ~ t• aw~.a e~.oa ew m ~,. Jrt~tL/ JJ1HtaJ, p J fJJJ tlJfk; I.L, ~ tYJdIJNJ~1 JY~~ JIOJt/tJ Jf '1061J1s~ a tlt~tl ItYJ~y JtitY~. Ar~Jp da7y fbJr iJ J/Ir11~Js to M 733.000 ~i ~Itli• JttGJltif JM0 fJttJ~01 YIrK eae. JJOiaJmJpJN, J101~ JOyOJt JJII M /0. Jni MH. prk .rw~n~yr, ~s 4*1g O~F TE~.~s hr ~y~'~~tp,;~'E ~i~~FlEIO 9 `, 4. 0.+, O'OE.s EOrsTt;~~f ht1 ~~ONA yr I ~~ I '~ JAN-18-99 02:28 PM SOUTHWEST ENG 8306722034 P. 02 City of Center Pouf, Texas Water Supply ~ Distribution System Constrlt~tioa Cost Estimate (1/18/'99) Items Qelt~titiet Unit Cort, S E~titated vtt, S 6 9100 6.00 36100 !I" FVC 11900 9.30 13i S 6" Vtlva 27 300.00 100 '" Y 36 323.00 !f 900 Aaat~ 293 230 73 730 2" T 60 3 21000 ~* ' 12" 1 SS 000 33000 Fire /3 1700.00 61300 ~a 10 3 .00 3 > 1 T 3 l0.00 3 60 en Wtbx Walt 2 30000 100, Ttak 1.100000 130 000 1 W~ ~ 1 i33 000 33000 f691, eoaa Is aoo to to 000 s7 s7o rn3 1 117 ~-~ ~~,.. afi16~' ~••~; 'R+ ~~~~ .. 1, .. ~ y CIApENGE ui •..EF:ELO~ . ~... . .p ~ 3~~ e ~p •., ~~.~~ :;~tpl~Tt~~~O~~~ ~~/ONALE I JAN-12-99 04:'!2 PM SOUTHWEST ENG r USDA unr~rEO sr~T~s DEPARTMENT Of ~loit~cutruRE 8306722034 P. 01 RtIRAt J000 North 2~r+d Strwt DENSLOPMENr Sulht04 McAlhn, Tx Tana +b+a: (ttol atFtta: rwr. RrN er~ism Jl]r1 10 199 Mr. Jorge De La Gana, President siesta shores water Control and Improvement District P. O. Box 321 ?.spate, Texas 78076 Dear Mr. De La Garza: ~ n'~' 3 This letter establishes condition: which must be understood end agreed to by you fore further /~i/ consideration maybe given to the application and which must be met before the can be closed 5r ~ °t wnatruction begun. Any changes in project cost, source of ftt#tds, scope of services, or any other I''~ significant change in the project oz applicant moat be reported to and approved by the Rural Utilities OfS Service (RUS), an agency within the Rural Developnteat (formerly Farmers Home Adminishation) mission area, by written amendment to this letter. My changes sot approved by RUS shall be cause for discontinuing processing of the application. This letter is ttot to be considered as grant approve! or as a representation a to the availability of funds. The docket may be completed on the basis of a development grant not to exceed 54,220,000.00. In accordance with the intent of Cottgress as expressed in the FY 1997 Appropriations Act. recipients of Water and waste assistance provide by RUS are encouraged, in expending the assistance, to purchase only American-made equipment sad products. Following are the conditions that must be understood, agreed to, and met: 1. USE OF FACILITY A local ordinance must be adopted which requires mandatory use of the facilities. The appUcant must agree in writing to enforce such ordinance. No free service or use of the facility will be permitted, 2. USER VERIFICATION Tbia Letter of Conditions is based upon 473 sewer suers that will trse the facilities when service becomes initially available. Verification of users will be made by the Rural Development Manager using Form FmI-IA•TX 442-4. IastD.rNew~«,fa.n earN ~4' LM-dM canvwm. aar.~nrn.Ma- ahowo 0- a+nt ra aa+a-r aAp~eutaN., Na.AN-~ary oC aoseo i J4tN-12-99 04:12 PM SVUTHWEST ENG 83067221434 P. 02 Z 3. MULTIPLE ADVANCES A. In accordance with FmHA Instructon 1942-A, Section 1942.19 (f), muliiplc advances maybe used. B. Cash advances should coincide with cash Heads. If RUS grant funds are not disbursed immediately upon receipt, excess Rtnds must be deposited into en interest bearing account, if possible. Interest eased of S I00 or more per year must be returned W RUS at least quarterly. 4. SECURITY REQUIREMENTS Dq,~ ~~ Attached is a copy of Fornt FmHA 1942-31, "Association Water or Sewer System ~~ ~~~ ~ Grant Agreement," for your review. You will be requued to execute a completed form at the time of grant closing. wS8 B The District will execute a Grant Resolution. REMAINING FUNDS After providing for all authorized costs, any remaining RUS project Ittnds will be rofunded to RUS. 6. ORGANIZATION ,~~',S' You must lluttiah a complete list owe, type of organization (whether city, township, water control and improvement district, authority, or special purpose). and under what authority you are organized. 7. BUSMESS OPERATIONS A. The facilities will be operated by the governing body in accordance with State laws. During the first three full years of operation, the District will furnish the Rural .A~ Development Manger quarterly, or monthly if the need arises, a sununary of lta ~ ~ i Aerations. Form FmHA 442-2, "Statement of Budget, Income snd Equity," will be provided for this propose. Audits ere to be performed in accordantx with generally accepted govertuneM auditing etatrderds (GALAS) using the publication "Standards or Audit of Governmental Organizations, Programs, Activities aad Functions" developed by the Comptroller General of the United States in 1988, sad any subsequent revisions. Tn addition, the audits are to be performed in accordance with various Office of Managamatt and Budget (OMB) circulars. Anausl reports and audits arc to be Ronished es set forth in FmHA Instruction 1942-A, Section 1942.17 (ril• i ~ . JAN-12-99 04:13 PM SOUTHWEST ENG 9306722034 P. 03 B. The grant is subject to the provisions of the Federal Civil Rights and Equal P 8 ~, Opportunity laws. The applicant must agree to comply with these requirements by ~~ g~,~~ executing Forms FraHA 400.4, "Assurance Agreement," and FmHA 400-1, "Equal la ' Opportunity Agreement „ sus C.R~ As part of the docket, the applicant wiU present for RUS's review and approval a ~jr+~ ~ management plan, a facility maintenance plan, end a proposal for the maintenance of Pa~~ accounts and records and obtaining audit reports. Such plans should include written • agreements for management, maintenance, accounting and auditor services. D. You must adopt utility rates that will generate sufficient revenue to pay debt service, reserve, operation and maintenance, and any necessary depztciation reserve. The rates mwt be approved by RUS before loan closing or begitutirtg of construction. E. The great is subject to the provisions of Section 504 of the Rehabilitation Act of 1973, es amended (29 U.S.C. Section 794). It provides, in part, as follows: "No otherwise qualified handicapped individual in the United States ...shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be aubjated to discrimination under any program or activity receiving Federal financial assistance." You must execute Form AD-1047, "Certification Regarding Debarment, Suspension, C °M'n ~,~.2 +~ and Othar Responsibility Mamrs -Primary Cover Transactions," to certify that your hl~T• organization is not debamd or suspended from Government assistance. ~s, - ~f ~~. w $t3~td~ H. Co'~~ •~7 You must obtain a certification for any contract in excess of 525.000 on Form AD•I048, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," from any person or entity you do business with as a result of this Govcmment assistance that they are not debarred or suspended from Government assistance. The grant is subject to the provisions of the Drug Free Workplace Act of 1988. The grantee must certify to RUS that is will provide a drug free workplace. As a prior condition of being awarded a grant, the grantee shall make certification, by execution of Form AD-1049, that the provisions of the Act will be complied with. 8. INSURANCE AND BONDING The buildings and removable parts of the faciUty will be covered by insurance covering the usual hazards is the area in an amount approved by RUS prior to the final inspection. Public Liability and Property Damage Insurance will be required according to recommendations of the consulting engineer and attorney. Workmen's Compensation Insurance will be carried as required by State law. Copies of all insurance policies will be obtained prior to grant closing and made part of the grant docket. J FaN-12-99 04:1'3 PM SOUTHWEST ENG 8306722034 P. 04 9. CONSTRUCTION -ENVIRONMENTAL MITIGATION MEASURES A. All construction will be oa contract documents as outlined in FrnHA Instruction 1942•A. Your engineer, attorney, and RUS will assist you with this. B. Your engineer will prepare construction contract documents and specifications using FmHA Instructioru 1942•A and State supplements. C. Aftet the final plans and specifications have been approved is writing by the Texas Natural Resource Conservation Commission (TNRCC) and the Rural Development engineer, and closing instructions have been issued by the Office of General Counsel, construction bids may be received, RUS must be represented at all bid openings and negotiations. D. Bids should not be received on any contract unless the contract can be awarded within sixty days. B. When bids have been received and it is determined that construction can be completed within the funds available, the successful bidder(s) must be advised that S fltnds cannot be made available until all requirements of the closing instructions have been met. F. Executed contracts and bonds are to be approved in writing by RUS before any construction is started. G. In accordance with FmHA Instruction 1942•A, Section 1942.18 (o) ('>), any changes in conswccion, addition and/or deletion will be made only on written change order, Form FmHA 1942.7, "Contract Change Order." Approval by the authorized District official(s), contractor, Rural Development engineer or Rural Development Manager is required before any work is done. H. Your authorized representative will monitor sad provide s report to RUS on actual performance during construction. Full time inspection is required for all construction. You must submit a resume of qualifications of the resident inspector for Rural Development's acceptance. The reports may be prepared in accordance with FmHA Instruction 1942-A, Section 1942.18 (o) {2) and (3). All estimates for payments to contractors may be made on Form FmHA 1942-18, "Partial Payment Estimate," prepared and certified by your engineer, certified by the contractor, and approved by the appropriate District official(s) and Rurel Development Manager. r I. The contracts must contain a clause which states "if cultural materials are 1-nd encountered during construction, work must cease in the immediate area and the n S Q~S contrnetor must notify the owner. Work can continue in the project area where no culture! materials an present " The owner must contact the Secretary of Interior i JHN-12-99 04:f4 PM SOUTHWEST ENG `. 8306?22034 P. 05 (202-343.4101) in accordance with 36 CFR 800.11.b.2. The State Historic Preservation Officer (S 12-463-6096) must also be notl8ed. J. The District must comply with all RUS environmental requirements in connection with this project. 10. RESTRICTION ON LOBBYriVG A. Federal law cequirea that each applicant who requesb or receives a Federal contract, x„ 41u~ Grant, loan, or a Federal commitment to guarantee a loan disclose the expenditure of ~ s'~eG5 any funds for lobbying activities. All applicants will execute Form FmHA 1940-Q, Exhibit A-1, prior to loan approval if your loan request exceeds S l 50,000 and/or your grant request exceeds 5100,000. fin'/', B• Any Pin who requests or roeeives a contract, subcontract, or aubgrant (consulting ~ ~ S~e~~ engineers, construction contractors, etc.) in excess of 5100,000 must complete Form ~ FmHA 1940•Q, Exhibit A-I. C. Standard Form (SF) LLL, "Disclosure of Lobbying Activities;' will be completed by an applicant requesting or receiving a Rural Development contract when the grant exceeds SI00,000, or ]can exceeds 5150,000, snd has made or has agreed to make Gay payment using funds other than appropriated funds to influence or attempt to influence a decision in connection-with this apcciflc award, 11. PUBLiC INFORMATION REQUIREMENTS The applicant will be required to inform the general public regarding the development of this project. A public meeting must be held prior to ioan approval to give the citizeruy an opportunity to become acquainted with the project and to comment on such items as economic and environmental impact, service area. and alternatives to the project. At least ten (10) days prior to the meeting, the applicant will be required to publish a notice of the meeting in a newspaper of general circulation in the service area, to post a public notice at the applicant's principal office, and to notify RUS. The applicant will provide RUS a copy of the published notice and minutes of the public meeting. A copy of this information will be attached to Fonn FmHA 1942-46, "Letter of latent To Meet Conditions " You must comply with the closing instructions issued by the Office of General Counsel. Two additional copies of this letter and attachments are for your use. One copy should be furnished your engineer and one copy should be given to your attorney and/or bond counsel. I want to meet with the governing board, your engineer, and attomey/bond counsel so that we may discuss the contents of this letter. $; ~ R ~ Please complete and return the attached Form FmHA 1942.46, "Letter of Intent To Meet Conditions;' if you desire further consideration be given your application. JAN-12-99 04:14 PM SUUTNWEST ENG 8306722034 P. 06 6 If the conditions set forth in this letter are not met within `3~° 5 days from the date hereof, RUS reserves the right to discontinue the processing of this application. Sincerely, U. DAVID OONZALF.Z Rural Development Manger # 10 Attachments P>~~' // ~c K z ,r cc: Community Development Manger #51-14 KERR COUNTY COMMISSIONERS COURT WITNESS AFFIRMATION FORM NAME: ADDRESS: DATE: COMMENTS: /- ,~. ~- 9 9 drFlUnn ITC~~. ~, , ~ . PLEASE CHECK THE FOLLOWING: FOR ITEM: ~ I DON'T WISH TO SPEAK AGAINST ITEM: _ BUT PLEASE RECORD MY POSITION - -_ -7 KERR COUNTY COMMISSION oRM COURT WITNESS AFFIRMATION NAME: ADDRESS: DATE: COMMENTS: 1 ~ z S~ Sy AGENDA ITEM: _ ~` ~ Z' PLEASE CHECK THE FOLLOWING: FOR ITEM: I DON'T WISH TO SPEAK AGAINST ITEM: BUT PLEASE RECORD MY POSITION KERR COUNTY COMMISSIONERS COURT WITNESS AFFIRMATION FORM NAME: ~yA ~ L F S ~ a4 t. ~. l M D ~ ~~ ADDRESS: P ~ ©" '~ ~` ! ~ ~ /y~?L ~- ©/all T~ 7'~C ~ c91 b DATE: 1 2~L q AGENDA ITEM: _ Z ~ I Z COMMENTS: PLEASE CHECK THE FOLLOWING: FOR ITEM: 1 DON'T WISH TO SPEAK AGAINST ITEM: ~_ BUT PLEASE RECORD MY POSITION