HomeMy WebLinkAboutPR 21440: AUTHORIZING U.S. ARMY CORPS TEMPRARY RIGHT OF ENTRY P. R. No. 21440
06/01/2020 ht
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO GRANT THE U.S. ARMY CORPS OF ENGINEERS,
GALVESTON DISTRICT TEMPORARY RIGHT OF
ENTRY FOR OPERATION, MAINTENANCE AND
CONSTRUCTION ASSOCIATED WITH PLACEMENT
AREA 11 IN PREPARATION OF THE DREDGING
DISCHARGE OPERATION ON PLEASURE ISLAND.
WHEREAS, in 1931, the United States Army Corps of Engineers was granted a
perpetual easement on Pleasure Island, attached hereto as Exhibit "A-1", by the State of
Texas for the use of submerged lands for disposal of dredged (spoiled) material in Sabine
Lake; however,the lands have since been conveyed to the City of Port Arthur; and
WHEREAS, the Army Corps is now requesting that the City of Port Arthur
grant temporary right of access to the said lands on Pleasure Island due to their
responsibility for operations and maintenance of Placement Area 11; and
WHEREAS, the temporary right of entry will allow the Army Corps to perform
maintenance and construction associated with the raising of the North Training Dike in
order to help ensure that water quality requirements are met during the dredging
discharging operations; and
WHEREAS, the operation, maintenance and construction will be in compliance
with the Federal Acquisition Regulations (FAR) during the term of the temporary right of
entry.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PORT ARTHUR:
Section 1. That, the facts and opinions are true and correct.
P. R. No. 21440
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Section 2. That, the City Council deems it is in the best interest of the City to
approve the temporary right of entry and authorize the City Manager to execute the
Authorization For Entry For Construction. in substantially the same form, as attached
hereto as Exhibit"A".
Section 3. That, a copy of the caption of this Resolution be spread upon the
Minutes of the City Council.
READ, ADOPTED, AND APPROVED, this day of June, 2020 A.U.,
at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the
following vote:
AYES: Mayor: •
Councilmembers: ;
NOES: .
Mayor,
Thurman Bartie
ATTEST:
Sherri Bellard,
City Secretary
APPROVED AS TO FORM:
C/A tel' 6-1%-dis3
al Tizeno,
City Attorney
P. R. No. 21440
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APPROVED FOR ADMINISTRATION:
Ron Burton,
City Manager
Alberto Elefano,
Director of Public Works
Jimmy Dike,
Pleasure Island Director
P. R. No. 21380
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EXHIBIT "A"
4� Y1/j�o� DEPARTMENT OF THE ARMY
'
.�= � _ �2i U.S.ARMY CORPS OF ENGINEERS,GALVESTON DISTRICT
o i �s� I;,1, P.O.BOX 1229
GALVESTON,TEXAS 77553-1229
O STAS USP/
June 2, 2020
Subject: Right of Entry for Construction, Placement Area 11
Ronald Burton
City Manager
City of Port Arthur
444 4th Street
Port Arthur, TX 77641-1089
Mr. Burton,
The U.S. Army Corps of Engineers, Galveston District, respectfully requests an immediate
Right of Entry and temporary work area easement to perform maintenance activities on
Placement Area 11 as shown on the enclosure marked as Exhibit 'A'. The primary and
secondary locations we have identified as possible temporary work area easements are labeled
on the exhibit.
The enclosed Right of Entry for Construction may be used to authorize access to the
premises for employees, contractor personnel, and other agents of the U.S. Army Corps of
Engineers, Galveston District. Your attention to the request is appreciated.
The point of contact for this request is Mr. Scott Tackett, Realty Specialist, 409-766-3035 or
Scott.Tackett@usace.army.mil.
Sincerely,
NELSON.TI Digitally signed by
N ELSON.TIMOTHY.
M OT H Y.J.1 11230372922
Date:2020.06.02
23037292211:07:35-05'00'
Timothy J. Nelson
Chief, Real Estate Division
Galveston District
U.S. Army Corps of Engineers
Enclosure
U.S. ARMY CORPS OF ENGINEERS, GALVESTON DISTRICT
AUTHORIZATION FOR ENTRY FOR CONSTRUCTION
For use of this form,see ER 405-1-12;the proponent agency is CESWG
PROSECT: Sabine-Neches Waterway, Sabine-Neches Canal Project
(Name of Project)
Ronald Burton City Manager OF THE City of Port Arthur
(First Ml. Last) (Title) (Entity)
COUNTY OF Jefferson , STATE OF Texas , DO HEREBY CERTIFY THAT THE
City of Port Arthur HAS ACQUIRED THE REAL PROPERTY INTERESTS REQUIRED BY THE DEPARTMENT OF
(Entity)
THE ARMY,AND OTHERWISE IS VESTED WITH SUFFICIENT TITLE AND INTEREST IN LANDS TO SUPPORT
CONSTRUCTION OF Placement Area #11
AS IDENTIFIED ON Exhibit'A'
(Exhibit)
DATED May 12 , 20 20 ATTACHED. FURTHER, I HEREBY AUTHORIZE THE DEPARTMENT OF
THE ARMY, ITS AGENTS, EMPLOYEES, AND CONTRACTORS TO ENTER UPON SAID LANDS AS IDENTIFIED
ON ATTACHED MAP TO CONSTRUCT MODIFICATIONS AS SET FORTH IN THE PLANS AND SPECIFICATIONS
HELD IN THE US ARMY CORPS OF ENGINEERS, GALVESTON DISTRICT OFFICE, GALVESTON, TEXAS.
WITNESS MY SIGNATURE AS City Manager FOR THE City of Port Arthur THIS
(Title) (Entity)
DAY OF , 20 20
NAME(First MI. Last)AND TITLE ENTITY SIGNATURE
City of Port Arthur
ATTORNEY'S CERTIFICATE OF AUTHORITY
I, GENERAL COUNSEL FOR THE ENTITY, CERTIFY THAT THE City of Port Arthur
(First M1. Last) (Entity)
HAS AUTHORITY TO GRANT THE ABOVE AUTHORIZATION FOR ENTRY; THAT SAID AUTHORIZATION FOR
ENTRY IS EXECUTED BY THE PROPER DULY AUTHORIZED OFFICER;AND THAT THE AUTHORIZATION
FOR ENTRY IS IN SUFFICIENT FORM TO GRANT THE AUTHORIZATION THEREIN STATED.
WITNESS MY SIGNATURE AS GENERAL COUNSEL FOR THE City of Port Arthur THIS DAY OF
(Entity)
20 .
ATTORNEY NAME(First MI Last)AND TITLE SIGNATURE
DEC 2018 PREVIOUS EDITIONS OF THIS FORM ARE OBSOLETE.
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P. R. No. 21380
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EXHIBIT "A-1"
3S SPECIAL LAws.
GR.ANTINC PORTIONS OF SABINE LAKE BED TO t:. S.
GOVERNMENT.
S. B. No. 612.) CIIAFTErt 176.
An Act pteridine tt+r the .•rautinr of e••rt:1S11 •,o .h,.Jtt, If. lilt- hated
Stetr„(:mr'rnmtn,r In..portion of the T,•.••+�•,i..,na Tt,rnt.-r u.,d of Sibiu•
L:•k< In :•.ns Jd;dCuut :D co! Psi t ArtL•ur Cgual :<•nd the S;d+io.•-1t'ch•s
(':.nitl; rroriclittt; ;h,. myna. and nt,auer ther.-nft rovfdln: axc•vtior.
nid tilt.Lurpoi„'t rherent: and declarlo.c .,n .•n,r rC.noy.
R'(3E12}:.15, tis L'nit,d Stam- Gor,+rnment in the conrirneUun of
ri.-p-rntur ch:tunelo knot.,r. AA rim Port Arthur C:InaI and tbn Sabint'-
.sz•o.•.t Gamut itbtafrind fri,ru the load owner, d,•edrt for right of e•,v
:mud d,tcoiIn; rrunnd.. adl:trcat thereto for dr.•,l gad rn,tct•rtal.
r11,•7ti0tt h:.., nriinn no to thn snffldnncy of th. Ir,I(nal Stxt,t$ Go'
title to inrtfcu+• of rueb rtrbt of Ra+ god damping Croat-tis
noun tiro Srblu•. l.nkn, adt• or amid cttntt11 VO tlint it now .,yyoar•
•Itr tilt. th,:rvt<. In/), ha raat••d In the Stat, of Tru„ AN PUT I of U...
,,r:urr rind bncl or Subtoo. Lake: and
\UI-1EREAS. ,t It necemwry In tb•, dr-gig-tug of said eaoni, far wain-
r.•nau,e nod fur fuTtInr truprueemrat Chat th- rolled Slut,.. Cuanrn-
'ment xbnult hkrr lila nocuwtrr richt of may thet'afttr tuna root tD•
• d,ud.ad nu"cortaI .hound continuo CO b, depoittrd on chi- Sabina
-lAr Of Raid c•..Oal.- ,tr has brain berotutore don,. uad
WHEREAS. in tbn Intt'rcol of nt.tlfratloo and en[naf•trcc, It i- a ee,s•
that galtl <annh ehojld be. further Inpnn'ed and maintained bt
,ho fatted Suit..+ Government nud ,;nid nrnr-.-dura' be cuntlro,,d.
th,t tic rt•,ult rbernol wilt Improve novIrA11on Rad will aid rem-
ucrc., :w,1 u'iIt hrnv:, hnnoilclal to thn Sot in ninny umber mars- noir
therefOr,
Be it muctcd iiy thy. L(:gi.Platurr of tilt State of Tcxo,c:
SEcrioN I. That there be and there is hereby-granted to the
United Sbtte Government, for the purpose of operating and
nisintsin'lig the said Port Arthur Canal and Sabine-Neches
Canal, and fur the purpose of further widening and otherwise
improving said canals as may be authorized by Congress.
perpetual right and easement in and to any and all lands be-
longing to the State of Texas, within raid canals and adjacent
thereto on the Sabine Lake side thereof, which lands rosy have
formerly been or many now be a part of the bed of raid Sabine
Tate.
SEC. 2. That there be and there further hereby granted tr
the 'United States Government for the entire length of the Port
Arthur Canal and the Sabina-Neehes Canal. a perpetual right
and easement along and upon the Sabine Lake aide of raid
canals, for the purposes of depositing, dumping and pumping
dredged material from said canala onto and into the former and
present shore and or bed of Sabine Lake; provided, however,
that mid Goverrunent shall not deposit or dump am suet:
material along and adjacent to the Sabine-Neches Canal onto
or Into the shore or bed of said Lake between the points repre-
sented by the Southeastward projection of Houston Avenue.
• on the South, and Richmond Avenue, on the North, (which said
avenues.. are Chown upon the official map of the City of Port
•
li
FORTY-sECOl.n LEGISLATURE—REGULAR S£.CSTON. :35R i 4
Arthur). and which is n distnnce of approximately 7,100 feet, •
;?
eXcept Ily card with the consent of the City of Port Arthur,
t
S:i. .3. The fact '.hat th.c t.nitt:d Status Government vial not
pi occcti a, ',erelofore in the maintaining and improving of said :f
canals in the absence of the grant herein eontoined, and the
fact that only a few days remain of this Session, create au ,.
emergency and an imperative public necessity retluiring the sus-
Win:ion cf the Constitutional Rule that bills be read on three
several days in each House. and said Rule is hereby suspended,
mind tO;it this Act shall take effect and be in force from and
after its passage, and it is oo enacted.
tt
Appro‘t.d :flay 18, 1931.
Effective 90 days after adjournment. t
[NoTE.—S. E. Aro. 612 passed the Senate by a viva voce vote;
ixlsaed the House by a vote of 107 yeas. 0 nays.]
AUTHORIZING WATEIR CONTROL tiiEASURES EY CITIES. lc
i
S. Ii. No. G17.] C1i.V'TER 177.
.in A...4 7.);:mind Chapter 1; of 'Mk 1S of thr Renard Cir11 Statutcr of
Tex., by adding thereto an Article to h.. Article) 1150A, making err- y,
1.+o And.•Kinbiishtor( the Atilt of Cltlrs opnrutla/ tinder the prut•isloue
nt told Chapter 13, which may hair n pupalatlun exceeding 150,000 t•
people end less than :(U,oq•1 rie.plo, oecurdln6 to tai: Jail or tiny
oticeeediug FI'dtnti CGntn>, to prnrlde Improvements and works to
control any harmful .xc is of water by ally mrehanlcel means, also '.
If to-oarr,tI n Ilb other ,o*orwrnental Agenrb.s of the State for like ••
pnrpoF' aitd giving Ruch other l:orrremtntal Agencies the power to
e0-up•'rare with mach t-`lite.to aveompltrh contret of harmful exerou of
roarer: prnt•ldthmr ter eontrxrt hrtwonn Cities mud ouch other (.ovttrn•
manta) Attenriec for.Itch purpose: and proscribing that money required
•
for ,,nth ourpost•may he ororidt.t by any snob City antilop other (toy-
nromensnl Agent) to any manner lawful tinder lilt Courtitutton of
Texas. and not proldbticd by the Charter aitd,or Statutory Art iuider
..-Licit any .ocb City or ocht-r contractlne nkdy Politic natty Nue, its
i•�fn, ; ut4 d"rinrins un ,-met (ney.
Be if rltnettd by the Lrgslltxture of the State of Texas:
SEcTlo' 1, That Chapter 13, Title 28 of the Revised Civil
Statutes of Taw, as codified in the year 1925, be amended by
adding thereto a Section to be designated as "Article II80A,"
which shall read as follows, viz:
"Article 1180A. 1. .1ny City having a poulation in exceas
• of 100,000 people and leas than 240,000 people. according to the
Must or any succeeding Federal Census, shall have and exercise
the power and right to straighten, widen, levee, restrain or •
other wise control or improve any river, creek, bayou, stream
or other body of water, and to grade or fill land and otherwise
protect life and property within the boundaries of such City.
meaning hereby to confer the power to amend or abate any