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Resolution 2014-16RESOLUTION NO. 2014-16(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE FILING OF A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS ( NCTCOG) FOR A REGIONAL SOLID WASTE PROGRAM LOCAL IMPLEMENTATION PROJECT; AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO ACT ON BEHALF OF THE CITY OF WYLIE, TEXAS IN ALL MATTERS RELATED TO THE APPLICATION; PLEDGING THAT IF FUNDING FOR THE PROJECT IS RECEIVED, THE CITY OF WYLIE, TEXAS WILL COMPLY WITH ALL PROJECT REQUIREMENTS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the North Central Texas Council of Governments ( "NCTCOG "), under authority granted by the Texas Commission on Environmental Quality ( "TCEO "), administers solid waste project funds for the implementation of NCTCOG's Regional Solid Waste Management Plan; and WHEREAS, the City of Wylie, Texas ( "City ") is qualified to apply for solid waste project funds under the NCTCOG's Request for Project Applications; and WHEREAS, the City Council of the City of Wylie, Texas has investigated and determined that it is in the best interest of the City and its citizens to authorize the preparation and submission of an application seeking solid waste project funds from the NCTCOG as provided herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2. Authority of the City Manager. The City Manager or her designee is hereby authorized and directed to request grant project funding and to submit an application in response to the Request for Project Applications for the NCTCOG's Regional Solid Waste Local Project Funding Program. The City Manager or her designee is further authorized and directed to act on the City's behalf in all matters related to the grant project application and any subsequent project contract that may result. SECTION 3. Compliance. If the grant project is funded, the City Manager is directed to ensure that the City complies with the requirements of the NCTCOG, TCEQ and the State of Texas related to the grant project. Resolution No. 2014 -16(R) - Grant Application for NCTCOG Solid - Waste Local Implementation Project Page 1 of 2 SECTION 4. Resources: Reimbursement. If the grant project is funded, the City Manager is directed to allocate and expend the necessary resources to support the grant project and then seek reimbursement from NCTCOG on a timely basis. The City Manager is further directed to ensure that grant project funds and any project - funded equipment or facilities are used only for the purposes for which they are intended under the project. The City Manager is further directed to ensure that the grant activities for the project comply with and support the regional and local solid waste management plans adopted for the geographical area in which the activities are performed. SECTION 5. Severability. Should any section, subsection, sentence, clause and/or phrase of this Resolution be declared unconstitutional and /or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Resolution shall remain in full force and effect. The City hereby declares that it would have passed this Resolution, and each section, subsection, clause and/or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and/or phrases may be declared unconstitutional and /or invalid. SECTION 6. Savings/Repealing. All provisions of any resolution in conflict with this Resolution are hereby repealed to the extent they are in conflict. Any remaining portion of conflicting resolutions shall remain in full force and effect. SECTION 7. Effective Date. This Resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 27th day of May, 2014. Eric Hogue, May r ATTEST: Carok Ehrlich, Ci Secretary OULf. COLOR FL RAfLWgY 01887 - SrATe OF TEAS I JI Resolution No. 2014 -16(R) - Grant Application for NCTCOG Solid - Waste Local Implementation Project Page 2 of 2