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HomeMy WebLinkAboutPR 20520: ARMY LICENSE AND THE SABINE NECHES WATERWAY PROJECT, SABINE NECHES CANAL INTEROFFICE MEMORANDUM WATER UTILITIES DEPARTMENT- Date: October 11, 2018 To: The Honorable Mayor and City Council Through: Harvey Robinson, Interim City Manager From: Dr. Hani Tohme,P.E.,Director of Water Utilities RE: PR 20520—Army License and the Sabine Neches Waterway Project, Sabine Neches Canal Introduction: The intent of this Agenda Item is to seek City Council and City Manager's approval pertaining to the Department of the Army license concerning the Sabine Neches Waterway Project, Sabine Neches Canal. Background: In 2014, the City of Port Arthur entered into License Agreement No. DACW64-3-14-0053 with the Department of the Army, for the purposes of constructing a 24-inch water pipeline and its 30-inch casing, over and across, in and up certain Tracts located within the Sabine-Neches Waterway,Neches Canal and Port Arthur Canal Projects. The project has been complete, and now the Secretary of the Army is hereby requesting to replace License Agreement No. DACW64-3-14-0053 with License No. DACW64-3-18-0076 for the for the purpose of maintaining said pipeline. Budget Impact: No impact on the budget. Recommendation: It is recommended that City Council approve PR 20520, which authorizes the City Manager to execute, on behalf of the City of Port Arthur, License No. DAC64-3-18-0076, which replaces Agreement No. DACW64-3-14-0053, for the purposes of maintain said pipeline on Tracts No. 3, 11 and 27. P. R. No. 20.520 10-9-18 to/ht Page 1 of 3 RESOLUTION NO. A RESOLUTION APPROVING THE DEPARTMENT OF THE ARMY LICENSE RENEWAL NO. DACW64-3-18-0076 PERTAINING TO THE SABINE NECHES WATERWAY PROJECT, SABINE NECHES CANAL. WHEREAS, in July 25, 1912, virtue of House Document 773, 61st Congress, 2nd session, the Congress of the United States made appropriations for a 26-foot channel through Sabine Pass, Port Arthur Canal and Port Arthur turning basin; and a 26-foot turning basin at Port Arthur by, known as the Sabine Neches Waterway Project; and, WHEREAS, the United States acquired fee simple interest in Tract No. 3 by virtue of Deed filed for record March 2, 1907, and an easement to construct a ship canal and deposit spoil and other excavated material from said channel in Tract Nos. 11 and 27, by virtue of Deed dated October 10, 1941 for said project; and, WHEREAS, in 2014, the City of Port Arthur submitted a requested to construct, operate, and maintain a 24-inch Water Pipeline and its 30-inch Casing,over,across,in and upon said Tracts Nos. 3, 11 and 27 for the purposes of serving the general public; and WHEREAS,the Department of the Army,under authority of Title 10,United States Code, Section 2668, granted the City of Port Arthur License No. DACW64-3-14-0053 to construct said pipeline project; and WHEREAS,the project has now been completed and the Department of the Army hereby requests to replace License No. DACW64-3-14-0053 with License No. DAC64-3-18-0076 to operate and maintain said pipeline. NOW THEREFORE,BE IT RESOLVED BY CITY COUNCIL OF CITY OF PORT ARTHUR: THAT,the facts in the preamble are true and correct. P. R. No. 20520 10-9-18 ta/ht Page 2 of 3 THAT, the City Manager of the City of Port Arthur is hereby authorized and directed to execute, on behalf of the City of Port Arthur, in substantially the same form attached hereto as Exhibit "A", License No. DAC64-3-18-0076 for the purposes of maintaining said pipeline on Tracts 3, 11 and 27 of the property of the United States. THAT, License No. DAC64-3-18-0076 will replace License No. DACW64-3-14-0053 in its entirety. THAT,a copy of the caption of this resolution be spread upon the minutes of City Council. READ, ADOPTED, AND APPROVED THIS day of 2018 at a Regular Meeting of City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor ; Councilmembers: NOES: Derrick Freeman Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: alecia Tize o City Attorney P. R. No. 20520 10-9-18 to/ht Page 3 of 3 APPROVED FOR ADMINISTRATION: Harvey Robinson Interim City Manager Dr. Hani Tohme, P.E. Director of Water Utilities EXHIBIT A (Department of the Army License No.License No.DAC64-3-18-0076) /a``� ° ` \�- DEPARTMENT OF THE ARMY ani _ ` GALVESTON DISTRICT,CORPS OF ENGINEERS �p,,-` fM P.O.BOX 1229 1GALVESTON,TEXAS 77553-1229 ffb�4 s errs os r' OCT 052018 Real Estate Division SUBJECT: Sabine-Neches Waterway: Jefferson County, Texas; REIN-13-0043; License DACW64-3-18-0076 Mr. Donnie Stanton Assistant Director of Utilities The City of Port Arthur 444 Fourth Street Port Arthur, Texas 77642 Dear Mr. Stanton: Enclosed please find an original of the subject license. Please collect the appropriate signatures and return two originals to this office for execution. You will be mailed a fully executed original for your records. If you have any questions or require additional information, please contact Ms. Elizabeth Blake at (409) 766-3034 or by email at Elizabeth.A.Blake@usace.army.mil. • Sincerely, 'mot y . son Chief, Re I Estate Division Galveston District U.S. Army Corps of Engineers Enclosure NO. DACW64-3-18-0076 REPLACES DACW64-3-14-0053 DEPARTMENT OF THE ARMY LICENSE SABINE-NECHES WATERWAY SABINE-NECHES CANAL PROJECT AND PORT ARTHUR CANAL PROJECT JEFFERSON COUNTY, TEXAS THE SECRETARY OF THE ARMY, hereinafter referred to as the "Secretary," under authority of Title 10, United States Code, Section 2668, hereby grants to the City of Port Arthur, (hereafter referred to as "Grantee"), a license to operate and maintain a 24-inch Water Pipeline and its 30-inch Casing, herein collectively referred to as the "Pipeline", over and across, in and upon Tracts No. 3, 11, and 27 (hereinafter collectively the "Premises"), as depicted in Exhibit A ; (as-built drawings) attached hereto and incorporated herein, located within the Sabine- Neches Waterway, Neches Canal and Port Arthur Canal Projects; provided said Pipeline is constructed in accordance with the terms and conditions set forth herein. THIS LICENSE is granted subject to the following conditions: 1. TERM This license is granted for a term of(5) five years, beginning from the date this license is fully executed but revocable at will by the Secretary. 2. CONSIDERATION The consideration for this license shall be the construction, operation, and maintenance of the Pipeline within the Premises for the benefit of serving the general public in accordance with the terms herein after set forth. 3. NOTICES All notices and correspondence to be given pursuant to this license shall be addressed: If to the Grantee: The City of Port Arthur, 444 Fourth Street, Port Arthur, Texas, 77642 and if to the Government: District Engineer, Galveston District, 2000 Fort Point Road, P.O. Box 1229, Galveston, Texas 77550 or as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope addressed as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service. 4. AUTHORIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein to "Secretary", "Real Estate Contracting Officer", or"said officer" shall include their duly authorized representatives. Any reference to "Grantee" shall include any duly authorized representatives. 5. SUPERVISION BY THE REAL ESTATE CONTRACTING OFFICER The use and occupation of the premises shall be subject to the general supervision and approval of the Real Estate Contracting Officer, U.S.A.C.E, Galveston District, hereinafter 1 NO. DACW64-3-18-0076 REPLACES DACW64-3-14-0053 referred to as said officer, and to such rules and regulations as may be prescribed from time to time by said officer. 6. APPLICABLE LAWS AND REGULATIONS The Grantee shall comply with all applicable Federal, state, county and municipal laws, ordinances and regulations wherein the premises are located. 7. CONDITIONAL USE BY GRANTEE The exercise of the privileges herein granted shall be: (1) without cost or expense to the United States; (2) subject to the right of the United States to improve, use or maintain the premises; (3) subject to other out grants of the United States on the premises; (4) personal to the Grantee, and this license, or any interest therein, may not be transferred or assigned; (5) subject to the right of the United States to collect amounts necessary to cover administrative expenses associated with the processing, issuance and management of this License under the authority of 10 U.S.C. 2695. 8. CONDITION OF PREMISES The Grantee acknowledges that it has inspected the Premises, knows its condition, and understands that the same is granted without any representations or warranties whatsoever and without any obligation on the part of the United States. 9. COST OF UTILITIES Not applicable 10. PROTECTION OF PROPERTY The Grantee shall keep the Premises in good order and in a clean, safe condition by and at the expense of the Grantee. The Grantee shall be responsible for any damage that may be caused to property of the United States by the activities of the Grantee under this license, and shall exercise due diligence in the protection of all property. Any property of the United States damaged or destroyed by the Grantee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Grantee to a condition satisfactory to said officer, or at the election of said officer, reimbursement made therefor by the Grantee in an amount necessary to restore or replace the property to a condition satisfactory to said officer. 11. INDEMNITY 2 NO. DACW64-3-18-0076 REPLACES DACW64-3-14-0053 . .' . . .. . 12. RESTORATION On or before the expiration of this license or its termination by the Grantee, the Grantee shall vacate the premises, remove the property of the Grantee, and restore the premises to a condition satisfactory to said officer. If, however, this license is revoked, the Grantee shall vacate the premises, remove said property and restore the premises to the aforesaid condition within such time as the Real Estate Contracting Officer may designate. In either event, if the Grantee shall fail or neglect to remove said property and restore the premises, then, at the option of said officer, the property shall either become the property of the United States without compensation therefor, or said officer may cause the property to be removed and no claim for damages against the United States or its officers or agents shall be created by or made on account of such removal and restoration work. The Grantee shall also pay the United States on demand any sum which may be expended by the United States after the expiration, revocation, or termination of this license in restoring the premises. 13. NON-DISCRIMINATION The Grantee shall not discriminate against any person or persons or exclude them from participation in the Grantee's operations, programs or activities because of race, color, religion, sex, age, handicap or national origin in the conduct of operations on the premises. The Grantee will comply with the Americans with Disabilities Act and attendant Americans with Disabilities Act Accessibility Guidelines (ADAAG) published by the Architectural and Transportation Barriers Compliance Board. 14. TERMINATION This license may be terminated by the Grantee at any time by giving the Real Estate Contracting Officer at least ten (30) days' notice in writing to the fore mentioned address. 15. ENVIRONMENTAL PROTECTION a. Within the limits of their respective legal powers, the parties to this license shall protect the premises against pollution of its air, ground and water. The Grantee shall comply with any laws, regulations, conditions, or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials within the premises is specifically prohibited. Such regulations, conditions, or instructions in effect or prescribed by said Environmental Protection Agency, or any Federal, state, interstate or local governmental agency are hereby made a condition of this license. The Grantee shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. 3 NO. DACW64-3-18-0076 REPLACES DACW64-3-14-0053 b. The Grantee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs from the Grantee's activities, the Grantee shall be liable to restore the damaged resources. c. The Grantee must obtain approval in writing from said officer before any pesticides or herbicides are applied to the premises. 16. HISTORIC PRESERVATION The Grantee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural or other cultural artifacts, relics, remains or objects of antiquity. In the event such items are discovered on the premises, the Grantee shall immediately notify said officer and protect the site and the material from further disturbance until said officer gives clearance to proceed. 17. DISCLAIMER This license is effective only insofar as the rights of the United States in the premises are concerned; and the Grantee shall obtain any permit or license which may be require by Federal, state, or local statute in connection with the use of the premises. It is understood that the granting of this license does not preclude the necessity of obtaining a Department of the Army permit for activities which involve the discharge of dredge or fill material or the placement of fixed structures in the waters of the United States, pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (33 USC 403), and Section 404 of the Clean Waters Act (33 USC 1344). 18. SITE SPECIFIC CONDITIONS The following site specific recommendation are made as limitations, restrictions, safety issues, clearances for power and communication lines over reservoirs (sag height) or conditions to be included in the outgrant to make the proposed use compatible with the operation of the project: a. Any USACE work or maintenance work will take precedence over the private activities authorized herein. b. The Grantee shall properly maintain and operate their constructed facility in a consistently satisfactory condition towards continuously providing a safe facility. c. Grantee has obtained and complied with all regulatory permit requirements including, but not limited to: Regulatory Permit Number SWG-1998-02413, the requirements of which are incorporated herein by this reference. d. Grantee must keep and maintain a file copy of the approved as-built drawings of the installed pipeline. e. The USACE reserves the right to inspect the facility, operation, and maintenance procedures for at any time during the term of this license provided reasonable notice is given to Grantee. 4 NO. DACW64-3-18-0076 REPLACES DACW64-3-14-0053 f. Incident or Accident reports: Grantee will notify USACE in writing at the earliest practicable moment, but not later than 30 days from the date of a reportable incident or accident. Reportable events are further defined in 49 CFR 195 Grantee will mail all written correspondence to the address listed in paragraph 3 of this license. Grantee's written notification will include the following information: (1) Name, address and identification number of the operator. (2) Name and telephone number of the reporter. (3) The location of the failure. (4) The time of the failure. (5) The fatalities and personal injuries, if any. (6) Initial estimate of amount of product released. g. Abandonment or deactivation: Grantee will notify USACE in writing within 60 days prior to abandoning or deactivating said pipeline. Grantee's written notification will include the following information: (1) Name, physical address, phone number and email address for pipeline owner. (2) Date of abandonment (3) Diameter of all pipelines abandoned (4) Method of abandonment (5) written certification that said pipeline was abandoned in accordance with applicable laws and regulations. h. Transfer of Ownership: If a change in ownership is contemplated, Elizabeth Blake, Realty Specialist (409-766-3034) and Frank Garcia, Land Use Coordinator(409-766-3111) Grantee shall be notified in writing 60 days prior to transferring ownership of said pipeline. Grantee's written notification will include the following information: (1) Name, physical address, phone number and email address for pipeline purchaser. (2) Forecasted date of transfer of ownership (3) Grantee will provide USAGE a copy of the Texas Railroad Commission T-4B form in addition to a written notification. i. During the operation and maintenance of said pipeline grantee will ensure, no 5 NO. DACW64-3-18-0076 REPLACES DACW64-3-14-0053 structures or fill will be allowed to obstruct any navigation channels or impact any Federal interests beyond the activities authorized herein. Coordination to include, but not limited to, scheduling pre-work, and post-work onsite inspection. j. Prior to commencement of any work, Grantee shall notify and coordinate with the Corps of Engineers, Area Engineer, Ralph Steiner, at (409) 766-3071; Mr. Frank Garcia, Operations Land Use Coordinator, (409) 766-3111. k. All pipeline crossing signs shall be satisfactorily maintained, repaired and or replaced as needed to provide continuous signage of the project. THIS LICENSE is not subject to Title 10, United States Code, Section 2662, as amended. PRIOR TO the execution of this license Condition 11, INDEMNITY, was deleted. IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the Army, this day of , 2018. Timothy J. Nelson Contracting Officer, Real Estate Division Galveston District U.S. Army Corps of Engineers THIS LICENSE is also executed by the Grantee this day of , 2018 Harvey Robinson Interim City Manager The City of Port Arthur 6 NO. DACW64-3-18-0076 REPLACES DACW64-3-14-0053 CERTIFICATE OF AUTHORITY I. Val Tizeno, do hereby certify that I am the City Attorney for the City of Port Arthur (the "Grantee"), and that Mr. Harvey Robinson, who signed the foregoing instrument on behalf of the Grantee, was then the Interim City Manager for the Grantee. I further certify that the said officer was acting within the scope of powers delegated to this governing body of the Grantee in executing said instrument. IN WITNESS WHEREOF, I have made and executed this certification this day of , 2018. Val Tizeno City Attorney The City of Port Arthur 7 NO. DACW64-3-18-0076 REPLACES DACW64-3-14-0053 .=i -- 1 I�w AY socal. MnOa l NOsa3333P'arimtdva7A 1 # w..+.rrw.:.ei_ —� 3d1d 133NO AVMi91VM S31.13-3N 3Nle V$ it 11 'J 1 v s V) _.... and1YYV land 9 A1t0 7 7. 3NI1 a31VM 3dGH - .. ,} # # • • • i ` Y.' t • Ya 1. • • • . , t 1 , # 4 1 ! ° ! 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