BRENHAM CITY COUNCIL MEETS IN EXECUTIVE SESSION

  

The Brenham City Council meet in executive session this (Tuesday) morning to discuss three items: Utility Gas Supply and Transportation Agreements, the ongoing court case with WTG Gas Marketing from winter storm Uri, and the legal issue with the Lake Somerville Raw Water Intake Structure and FEMA.  After meeting behind closed doors for over an hour, council returned to approve an Engagement Agreement with Legal Counsel to appeal the denial of payment for the repair costs associated with the Raw Water Intake at Lake Somerville from FEMA.

As a result of severe storms and flooding in May of 2016, the City submitted a request for public assistance from FEMA in late 2017.  The initial request was for $479,000, which grew to $1.1 million after a soldier pile wall system to repair the embankment was added to the project.  FEMA processed the request for $1.1 million. The federal share amount was $883,000 or 75% of the total project cost. In July 2020, the City submitted another cost modification due to cost overrun from higher-than-expected bids.  The soldier wall system was determined to cost an additional $3.8 million, bringing the total project to nearly $4.5 million.

FEMA rejected the increase and started an investigation through the Office of Inspector General saying the damage was due to poor maintenance and not due to the flooding.  The City has 60 days to appeal FEMA’s ineligibility ruling, and as part of the process, the City must return over $883,000 to the Texas Department of Emergency Management who will hold the funds in escrow until the appeal process is finalized.  If the appeal is favorable, the money will be returned to the City, and if not, then it goes back to FEMA.