Brooks County approves interlocal agreement with Falfurrias for CDBG-funded water improvements

County Judge Eric Ramos said the court approved an interlocal agreement with the City of Falfurrias to allow the County’s Community Development Block Grant (CDBG) Community Development Fund contract to finance public water system improvements if the grant is awarded by the Texas Department of Agriculture (TDA).

The agreement, explained during the Nov. 7 special session, covers the term of performance from June 2025 until the grant is administratively closed by TDA and requires either party to provide 30 days’ written notice to terminate. Judge Eric Ramos said this step is the “second stage” of the process so awarded funds can be used for the water system.

Under the terms recorded in the signed intergovernmental agreement, the County will serve as the primary contact with TDA, hold grant receipts and documentation, and provide pre-bid project design and change orders to the City of Falfurrias for review before the County acts. The County also agreed it will not award a construction contract or approve contract modifications that exceed the grant budget unless additional funds are committed in writing by the County, the City, or another party, and it will attempt to seek contract modifications with TDA to bring costs within the budget if construction bids exceed the grant amount.

The agreement specifies that, upon the County’s acceptance of a Certificate of Construction Completion, ownership of any grant-funded improvements will transfer to the City of Falfurrias, and the City will be solely responsible for the continued maintenance and operation of those improvements. The City must offer service to project beneficiaries at its officially adopted utility rates and is required to pay any overruns it approves in writing, repay grant-related expenses not reimbursed by TDA if the project fails to deliver required public improvements, and cover costs resulting from its violation or early termination of the agreement.

The interlocal also documents that the County or the City will provide any matching funds each has separately committed. The agreement contains an indemnity provision in which the City agrees, to the extent allowed by law, to defend, hold harmless and indemnify Brooks County for claims arising out of the County’s performance under the agreement and states that nothing in the agreement creates rights for third parties.

Commissioner Eduardo “Eddie” Garza moved to approve the interlocal agreement; Commissioner Aaron Trevino seconded. The court recorded a unanimous roll call vote in favor: Aaron Trevino, Eduardo “Eddie” Garza, Eric Ramos, Nora Salinas and Rolando Gutierrez.

The court then moved to adjourn; the motion to adjourn, made by Commissioner Eduardo “Eddie” Garza and seconded by Commissioner Rolando Gutierrez, passed by the same unanimous vote. The meeting opened at 3:04 p.m.; no public comments were received.