HomeMy WebLinkAboutPR 20857: ARMY LICENSE AND THE SABINE NECHES WATERWAY PROJECT, SABINE NECHES CANAL INTER OFFICE MEMORANDUM
-WATER UTILITIES DEPARTMENT-
Date: June 20, 2019
To: The Honorable Mayor and City Council
Through: Rebecca Underhill, CPA, Interim City Manager
From: Donald Stanton, Interim Water Utilities Director
RE: PR 20857—Army License and the Sabine Neches Waterway Project, Sabine Neches
Canal
Introduction:
The intent of this Agenda Item is to seek City Council approval to renew the license agreement
pertaining to the Department of the Army license concerning the Sabine Neches Waterway
Project, Sabine Neches Canal.
Background:
In 2009, the City of Port Arthur installed a 6" sanitary sewer force main from Pleasure Island to
a manhole across the ship channel when the old WWTP on Pleasure Island was converted into
a lift station,the City received a permit from the US Corp of Engineers for the main(Resolution
09-328). The City of Port Arthur entered into a license renewal agreement with the Department
of the Army, per Res. 14-150, and this current license is up for renewal again. The purpose of
the license agreement renewal is to continue to receive license and permission to maintain our
sewer force main. The Secretary of the Army is hereby granting the City a license renewal No.
DACW64-3-14-0026 for the construction, operation, and maintenance of the 6-inch sanitary
sewer force main, over and across, in and up certain Tracts located within the United States,
identified as Tract 8, crossing at Station 195 + 76.00 as a directional drill utilizing HDPE pipe,
substantially as delineated on Exhibit "A", attached hereto and made a part hereof, hereafter
referred to as premises.
The purpose of the license agreement is to replace that agreement with documentation of a new
agreement/renewal—DAC W 64-3-09-0043.
Budget Impact:
No impact on the budget.
Recommendation:
It is recommended that City Council approve PR 20857, pertaining to the Department of the
Army License and the Sabine Neches Waterway Project, Sabine Neches Canal, granting a
license renewal for construction, operation, and maintenance of the 6-inch sanitary sewer force
main, over and across, , in and up certain Tracts located within the United States, identified as
Tract 8, crossing at Station 195 + 76.00 as a directional drill utilizing HDPE pipe, substantially
as delineated on Exhibit "A", attached hereto and made a part hereof, hereafter referred to as
premises.
P. R. No. 20857
5-28-19 mg
Page 1 of 2
RESOLUTION NO.
A RESOLUTION PERTAINING TO THE DEPARTMENT
OF THE ARMY LICENSE AND THE SABINE NECHES
WATERWAY PROJECT, SABINE NECHES CANAL.
WHEREAS, per Resolution 14-150 the City of Port Arthur entered into a license
agreement with the Department of Army,No. DACW64-3-09-43; and,
WHEREAS, DACW64-3-14-0026 replaces DACW64-3-09-0043; and,
WHEREAS,the Secretary of the Army is hereby granting the City of Port Arthur a license
renewal No. DACW64-3-14-0026 for the construction, operation and maintenance of the 6-inch
diameter, HDPE 1,547.75-foot sanitary sewer force main, over, across, in and upon lands of the
United States (Tract No. 8), crossing at Station 195+76.00 as a directional drill utilizing HDPE
pipe; and,
WHEREAS, it is in the best interest of the City to accept and approve the license renewal
No. DACW64-3-14-0026 for the construction, operation and maintenance of the 6-inch diameter,
HDPE 1,547.75-foot sanitary sewer force main,over,across,in and upon lands of the United States
(Tract No. 8), crossing at Station 195+76.00 as a directional drill utilizing HDPE pipe.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
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, an agreement between the City of Port Arthur and
the Department of the Army, for a license renewal, in substantially the same form as attached
hereto as Exhibit"A",as it pertains to the Sabine-Neches Waterway Project, Sabine Neches Canal.
P. R. No. 20857
07/02/19 mg
Page 2 of 2
THAT, a copy of the caption of this Resolution shall be spread upon the Minutes of the
Meeting of the City Council.
READ, ADOPTED, AND APPROVED this day of , 2019
at a Regular Meeting of the City Council ol'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:
0% dal. / _
Va ecia Tizen:
City Attorney /
APPROVED FOR ADMINISTRATION:
Rebecca Underhill Donald Stanton,
Interim City Manager Interim Utilities Director
EXHIBIT "A"
(3 copies each to be signed)
DACW64-3-14-0026 REPLACES DACW64-3-09-43
DEPARTMENT OF THE ARMY
LICENSE
SABINE-NECHES WATERWAYPROJECT
SABINE-NECHES CANAL
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, Texas, 444 Fourth Street, Port Arthur, Texas 77642, hereinafter
referred to as the Grantee, a license for use an existing 6-inch diameter, 1,547.75-
foot sanitary sewer force main, Jefferson County, Texas, over, across, in and upon
lands of the UNITED STATES, identified as Tract No. 8, crossing at Station 195-76 as
a directional drill utilizing HOPE pipe, substantially as delineated on Exhibit "A", attached
hereto and made a part hereof, hereafter referred to as premises.
THIS LICENSE is granted subject to the following conditions.
1. TERM
This license is granted for a term of five (5) years, beginning 16 July 2014 and
ending 15 July 2019, but revocable at will by the Secretary.
2. CONSIDERATION
The consideration for this license shall be the construction, operation and
maintenance of the premises for the benefit of the general public in accordance with the
terms and conditions hereinafter set forth.
3. NOTICES
All notices and correspondence to be given pursuant to this license shall be
addressed, if to the grantee, to the address first stated above; and if to the United
States, to the Real Estate Contracting Officer, -US Army Engineer District
Galveston, ATTN: Real Estate Division, P.O. Box 1229, Galveston, Texas 77553; 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.
- 1 -
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 DISTRICT ENGINEER
The use and occupation of the premises shall be subject to the general supervision
and approval of the Real Estate Contracting Officer, in lieu of District Engineer, District
Galveston, hereinafter 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 hall be:
a. without cost or expense to the United States;
b. subject to the right of the United States to improve, use or maintain the premises;
c. subject to other out grants ofthe United States on the premises; or
d. personal to the grantee, and this license, or any interest therein, may not be
transferred or assigned.
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
- 2 -
10.PROTECTION OF PROPERTY
The grantee shall keep the roadway 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 therefore by the grantee in an amount necessary to restore or
replace the property to a condition satisfactory to said officer.
11. INDEMNITY
The United States shall not be responsible for damages to property or injuries to
persons which may arise from or be incident to the exercise of the privileges herein
granted, or for damages to the property of the grantee, or for damages to the property or
injuries to the person of the grantee's officers, agents, or employees or others who may
be on the premises at their invitation or the invitation of any one of them, and the grantee
shall hold the United States harmless from any and all such claims not including
damages due to the fault or negligence of the United States or its contractors.
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-DISCRIMATION
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.
- 3 -
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.
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. DISLAIMER
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
- 4 -
March 1899 (33 USC 403), and Section 404 of the Clean Waters Act (33 USC 1344).
18.ADDED CONDITIONS
THIS LICENSE is not subject to Title 10, United States Code, Section 2662, as
amended.
IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary
of the Army, this day of ,2019.
Hyla J. Head
Real Estate Contracting Officer
Chief; R al Estate Division
THIS LICENSE is also executed by the grantee this day of
2019.
The City of Port Arthur
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REAL ESTATE APPLICATION ffi
For use of this form, see SWG-RE 7011
PART I - BUSINESS/COMPANY APPLICANT INFORMATION
1a. BUSINESS/COMPANY NAME lb. DUNS number or CAGE code
1 c. LAST NAME(SIGNATORY FOR APPLICANT) FIRST NAME M.I.
1d. TITLE le. E-MAIL 1f. PHONE
1g.ADDRESS 1h. CIN
1i STATE 11.ZIP CODE
PART II - AGENT INFORMATION (IF APPLICABLE):
2a. BUSINESS/COMPANY NAME 2b. CUSTOMER#(if returning)
2c. LAST NAME(AGENT) FIRST NAME M.I.
2d. TITLE 2e. E-MAIL 2f. PHONE
2g.ADDRESS 2h. CITY
2i STATE 2j.ZIP CODE
PART III - LEGAL OFFICER/ CERTIFYING OFFICER INFORMATION
(For dredging must be an attorney,for all others must be corporate officer)
3c. LAST NAME FIRST NAME M.I.
3d. TITLE 3e. E-MAIL 3f. PHONE
3g. ADDRESS 3h. CITY 3i STATE 3j.ZIP CODE
PART IV- PERMITTING
4a. Do you hold a current authorizing Regulatory document(i.e., Section 404, Section 10, Nationwide Permit(s)or yes no
Letter of Permission)for the requested activity? If"Yes', ATTACH COPIES of all permits and amendments. 0 0
4b. Have you applied fora regulatory permit for this action? If"Yes"include application#in yes no 4c.
box 4c
PART V- PROJECT DESCRIPTION
5a. TYPE(check all that apply) 5b. DREDGING 5c. PIPELINE 5d. GIS/CADD
Dredging[] New work 0 New work 0 .shp fl
Pipeline J Maintenance 0 Replacement 0 yes no .dwg
Other Construction[] Estimated c.y. Crossing federal channel? 0 0
None of these El Required documents Required documents Requirements
5e. PROPOSED START DATE ESTIMATED END DATE
5f. SUMMARY OF PROJECT
PART VI -CERTIFICATION
I HEREBY CERTIFY that f am of legal age and authorized to do business in the State of Texas and that I have personally examined the
information contained in this application and believe that the information submitted is correct to the best of my knowledge.
NAME SIGNATURE DATE
SWG-RE FORM 701a 01/2017
Instructions For pipeline applications the owner should
be placed in Part I,if there is no additional
S WG-R E Form 701i agent the operator may be place in Part II,
(please note"operator"after business name in
Part I - Business/Company Applicant block 2a). In cases where there is an agent and
Information operator;please provide operator information
la - The "Applicant" is the entity in within the Summary of Project section(5f).
whose favor the transactional documents
will be issued. Agent information should Part H—Agent Information
be entered in Part 2 of the form. The The agent of an Applicant cannot sign on
applicant may be as follows: behalf of the Applicant.A signatory is typically
a corporate officer.Funds for payment of
• An Individual provide the legal name administrative fees or consideration will only
of the individual. be accepted from the Applicant. Agents may
• An Individual Trading as a Firm or not make payment on behalf of an Applicant.
Doing Business Under a Firm or Trade Part IIT-Legal Officer/Certifying Officer
Name. Information
• A Partnership. The name of all the For Legal Officer and Certifying Officer
partners or the name of the partnership by requirements refer to notes which are
one partner who signs as one of the firm.(see applicable to your type of entity.
notes on Partnerships)
• A Corporation or Association. The Part III -Legal Officer/Certifying Officer
name of the corporation and the name of the Information
officer with official capacity signing on its For Legal Officer and Certifying Officer
behalf; requirements refer to notes which are
• State or local governmental entities. applicable to your type of entity.
The name of the entity and the name of the Notes on Partnerships
officer with official capacity signing on its The signer will be required to furnish,for filing
behalf with the outgrant,extracts from the Partnership
agreement,which indicates the names of the
lb DUNS# or CAGE code - All general partners. In order to expedite the
applicants are required to be registered in application,please include this with the initial
SAM (System of Award Management) in submission. In lieu of this evidence,the signer
order to conduct business with the U.S. may furnish a Partnership Certificate,
government. If you are already registered in certifying that the signer has authority to bind
SAM, we will require your DUNS No. or the partnership as follows:
CAGE code to verify your registration. This I,(Partner X)certify that I am a General Partner
section must not be left blank to ensure in the Partnership named as Grantee the
timely processing of application. If you are attached outgrant,I certify further that(Partner
not registered in SAM, please go to http:// Y),who signed said outgrant on behalf of the
www.sam.gov to newly register your entity. Partnership,is also a General Partner and has
Please ensure that your SAM registration the authority to bind the Partnership by virtue
and W9 reflect the same information (entity of the powers vested in him/her in the
name,address,and tax id number). Partnership agreement.
I— US Army Corps
la I of Engineers1
Notes on Corporations or Associations CERTIFICATE OF AUTHORITY
The corporation seal will be affixed on the final I_(Name) certify that I am the
outgrant documents prior to execution by (Clerk)_of that who signed
USACE. The signer will furnish,for filing with the foregoing instrument on behalf of the
the outgrant, extracts from the articles of grantee was then of .
incorporation (also known as Formation I further certify that the said officer was
documents), the by-laws, or the minutes of the acting within the scope of powers delegated
board of directors, duly certified by the to this governing body of the grantee in
custodian of such records, under the corporate executing said instrument.
seal (if there is one), which properly vest the
signer with authority to bind the corporation.In Part IV— Regulatory Permits
lieu of this evidence the grantee may furnish a
certificate signed by an appropriate corporate Regulatory Permits control the activities of
officer, other than the person executing the the Applicant to be performed in the Waters
outgrant,as follows: of the United States, including Wetlands,
pursuant to applicable laws and regulations,
CORPORATE CERTIFICATE such as Section 10 of the Rivers and Harbor
Act of 1899 and Section 404 of the Clean
I_(Name) certify that I am the(Secretary) Water Act. The Real Estate Division cannot
of , Inc., issue an outgrant without the applicant first
that who signed the foregoing instrument on obtaining the proper regulatory permit
behalf of the corporation was then of the
corporation.I further certify that the said officer Part V- Project Description
was acting within the scope of powers
delegated to this officer by the governing body The project description is the most critical
of the corporation in executing said instrument. part of the application,for a multi-faceted
project please check all required activities
Corporate Secretary or Appropriate Officer box 5a and complete boxes for
corresponding activities. Provide a detailed
(AFFIX CORPORATE SEAL) description of the project and include GIS
and/or CADD files with the application(see
Notes on State or Local Cadastral Data and Format Requirements).
Governmental Entities The following sections detail additional
The signer will furnish, for filing with the requirements for Dredging and Pipeline
outgrant, an extract from the minutes of the activities:
entity indicating that the outgrant was approved
by the governing body of the of the entity and Dredging
authorizing a named individual to execute the Please provide complete scope of work
outgrant on its behalf.In lieu of the minutes,the along with maps showing the area to be
grantee may furnish a certificate signed by an dredged,placement areas to be used and
appropriate official, other than the person location or alignment of temporary dredge
executing the outgrant,as follows: pipelines.
US Army Coins
of Engineers
SWG-RE Form 7011 ifig f 2
• A hydrographic survey showing the Applicants must also provide any and all
area to be dredged must also be submitted. standoff distances between the pipeline and
• List placement areas identified in any of the features listed above, including
Regulatory Permit in order of preference. other pipelines. Identify diameter of each
• If both new and maintenance dredging pipeline, type of fuel or product being
are required please select new in the form and transported, and pipeline configuration for
discuss maintenance portion within the project each bundle. If there will be ground
description. disturbance (e.g. trenching, excavation)
• Include detailed timelines for as well as please address the following:
completing line Se of form. • What are the dimensions (i.e.,length,
Sediment Testing Requirement:Approval of width, depth) of each type of ground
sediment testing plans and reports prior to disturbance (e.g., trench, fence post hole,
issuance of a Real Estate clearance is required leveling,etc.)?
for all Applicants. Contact the Operations
•
Division to obtain information on sediment Will more than an acre of ground
testing requirements.Email: SWG- surface be disturbed?How much?
•
NB@usace.army.mil:phone:409766-3973. What kind of equipment will be
used?How will the work be done?
Pipelines • Will access across Government
controlled property in addition to the area
Please provide a complete narrative of the identified for the requested activity be
project. The narrative should include the required for equipment?If so, where?
•
pipeline starting and ending points,route, Will there be a staging and/or storage
areas required?If so, where are they located
channel crossings,tie-ins,valve stations,
and what are their dimensions? Will staging/
access roads,ingress,egress,ROW needed,
etc.,for the pipeline. storage areas be at locations different than
If available please submit: the site of the proposed action?
• Railroad commission of Texas T-4 Additionally please address the following:
form which identifies the pipeline owner. • Are there any cultural resources known
• Railroad commission of Texas PS to exist in the area?If so,what?
-8000A Form • Describe other reasonable alternative
• Geotechnical study routes or locations considered and
reasons not selected
If a pipeline crosses a Federal Channel,
Placement Area(s)or Placement Area Levee, Note: Pipelines 24-inches in diameter or
Hurricane Levee,or Tributary waters of the larger, which impact fee simple land owned
United States,the Applicant must provide by the United States require Congressional
cross section diagrams depicting depth and approval. Applicants should anticipant a
entry and exit points for each crossing. delay in processing such outgrants.
Us EnginArmy Corea
m I o1 eers.
SWG-RE Form 701i 3
Administrative Fees & Consideration AutoCAD 2016 (.dwg) or ESRI ArcMap
10.4.1 (.shp) file to help us in this endeavor.
Two types of funds are collected from Upon receiving a design CADD or a GIS file
Applicants, administrative fees and we will better determined the location of
consideration. Administrative fees are paid in projects interest and limits. We ask that you
advance. Consideration is paid at the time the please include the Regulatory Permit Tracking
transactional documents are executed. Number/Application Number and also indicate
the coordinate system and datum that the
Administrative fees. Title 10 U.S.C. 2695 drawing is currently in. The design data should
authorizes the collection of the adrriinistrativc consist of simple lines and polygons indicating
fees to cover the costs to the Government for the limits of the completed project.
processing requests for the use' of
Government controlled property. These costs If a CADD drawing is provided, please ensure
include but are not limited to payment for that all layers are properly named to describe
work products such as environmental, cultural that specific feature. If the layers are named
and historical assessments, contract using acronyms we would need a legend or
preparation, determinations of value, and shoe boxes with leader lines, identifying each
preparation of land surveys, maps, and legal feature class within the drawing. All areas
descriptions. must be created in real-world (model space)
with an assigned coordinate system. Please do
After initial screening, the Realty Specialist not send drawings with XREFs or reference
assigned to the application performs a scope files, simply insert all needed files or feature
of work analysis for the purpose of layers into one design file. Cut-sheet or plate
developing an administrative fee .cost layouts in CADD are not needed however,
estimate. Once a cost estimate is established PDF's of propose project plans and/or as-built
an administrative fee letter will be sent to the would be greatly appreciated for further
Applicant requesting payment of review.
administrative fees. Payment of
administrative fees is required before further If a GIS shape file is provided, again the same
work can occur. applies about assigning a proper name
sequence to describe that specific feature or it
If the actual administrative costs for can also be defined in the spatial data within
processing the application are greater than the the shape file.
initial request the Applicant will be notified
and required to pay the additional amount for To help keep file sizes to the minimum
processing of the application to continue. If imagery and USGS Quads do not need to be
excess funds exist at the time processing of provided.
the application is complete, the balance will Preferred Projected Coordinate System
be refunded to the Applicant. .
• Datum:North Amierican 1983 (Survey
Cadastral Data & Format Requirement Feet)
Applicants must submit their GIS data in • Projection: State Plane
either the equivalent or lesser version of the
following: • Zone:Texas South Central
ar Army
Engineers.
SWG-RE Form 701i , Coins
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