HomeMy WebLinkAboutR2015-020RESOLUTION NO. 82015 -020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE FILING OF AN APPLICATION WITH THE TEXAS COMMISSION
ON ENVIRONMENTAL QUALITY FOR A TEXAS EMISSIONS REDUCTION PLAN
REBATE GRANT PROGRAM PROJECT FOR A PORTION OF THE PURCHASE PRICE OF
AN ARTICULATED WATER TRUCK, IN ORDER TO REDUCE EMISSIONS IN THE
STATE'S NON - ATTAINMENT AREA, BY REPLACING THE CITY'S 1972 CATERPILAR
WATER WAGON USED BY THE CITY'S SOLID WASTE AND RECYCLING
DEPARTMENT; SAID GRANT TOTALING $112,667; DELEGATING AND
AUTHORIZING GEORGE C. CAMPBELL, CITY MANAGER, OR HIS DESIGNEE, TO
ACT ON BEHALF OF THE CITY IN ALL OTHER MATTERS THAT ARE RELATED TO
THIS PROJECT APPLICATION, PLEDGING THAT IF FUNDING FOR THIS PROJECT IS
RECEIVED, THE CITY OF DENTON WILL COMPLY WITH ALL PROJECT
REQUIREMENTS OF THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
AND THE STATE OF TEXAS; PROVIDING FOR RETROACTIVE APPROVAL,
CONFIRMATION AND RATIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on April 3, 2015, the Solid Waste & Recycling ( "SW &R ") Department of
the City submitted an application for a Texas Emissions Reduction Plan Rebate Grant ( "TERP ")
application to the Texas Commission on Environmental Quality ( "TCEQ "); said application
proposed that if granted, that the grant would fund a portion of the purchase price toward the
City's purchase of a replacement off -road vehicle; and
WHEREAS, the TERP grant program was established in order to reduce emissions in the
state's non - attainment areas, and requires that awardees of the TERP grants, permanently
decommission their replacement equipment that is listed in the grant application; SW &R has
applied for the replacement of its 1972 Caterpillar Water Wagon ( "Water Wagon "), which is in
current operation at the City's Landfill; the Water Wagon meets the qualifications for the grant;
the grant proceeds are provided to the City to aid in funding the purchase of replacement off -road
landfill equipment, which would have lower NOx (nitrous oxide) emission levels and which
would achieve the goals outlined within the TCQ grant criteria; and
WHEREAS, the SW &R Department received notification from the TCEQ in June 2015,
that its grant application and materials submitted during April 2015 were selected to receive a
grant totaling $112,667; said grant being classified as a rebate grant, which permits the TCEQ to
reimburse the SW &R Department after the purchase of the equipment and delivery has occurred
to the SW &R site; and
WHEREAS, the SW &R Department has, in order to meet the stringent timeline
established by the TCEQ, in applying for the TERP grant; has heretofore applied for and
received confirmation that the grant has been granted by the TCEQ; the SW &R Department
seeks retroactive approval, confirmation and ratification of its acts; and
WHEREAS, the City of Denton, Texas is qualified to apply for TERP grant funds; and
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WHEREAS, the City Council of the City of Denton has expressed their support and
interest regarding the proposed above - referenced solid waste and recycling project; NOW
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City Council of the City of Denton, Texas hereby designates,
delegates and authorizes George C. Campbell, City Manager, of the City of Denton, Texas, or his
designee, to complete the application and send in the application to request project funding under
the Texas Commission on Environmental Quality ( "TCEQ ") "Texas Emissions Reduction Plan
Rebate Grant" ( "the "Grant'); and the City Council hereby empowers and authorizes George C.
Campbell, City Manager, or his designee, to act on the behalf of the city in all matters, other than
the completion and sending in of the project application, that are related to the project
application, and any subsequent project contract(s) that may result therefrom.
SE(.7 [JON 2. Should the project be funded, then the City of Denton, Texas shall comply
with the requirements of the Texas Commission on Environmental Quality, and the State of
Texas.
SECTION 3. The project funds and any project- funded equipment and facilities will be
used solely for the purposes for which they are intended under the Project.
SECTION 4. This resolution shall be retroactively effective, on the 3rd day of April,
2015, upon which date the grant application to the TCEQ was completed and submitted by
Arden V. Kemler, General Manager of Solid Waste & Recycling of the City ( "Kemler "); and the
required "Grant Agreement" regarding the Texas Emissions Reduction Plan Rebate Grants
Program, heretofore executed by Kemler on the 24th day of June, 2015, shall become effective
retroactively, and confirmed and ratified on those dates.
PASSED AND APPROVED this the A day of , 2015.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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CI &S ATTS, MAYOR
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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