Loading...
HomeMy WebLinkAboutPR 21477: APPROVAL TO RENEW LICENSE AGREEMENT PERTAINING TO TH DEPARTMENT OF THE ARMY INTEROFFICE MEMORANDUM -WATER UTILITIES DEPARTMENT- Date: June 24,2020 To: The Honorable Mayor and City Council Through: Ronald Burton,City Manager From: Donald Stanton,Interim Water Utilities Director RE: PR 21477–Army License and the Sabine Neches Waterway Project, Port Arthur 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,Port Arthur Canal. Background: In 2004,the Secretary of the Army granted the City a license renewal No. DACW64-3-04-58 to install, operate, maintain 1,385 linear feet of a 16-inch water line beneath the Port Arthur Canal, over, across, in and upon lands of the United States(Tracts RW 10, 11, 12, 5, 31,25,26,and 27) 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 (from Pleasure Island to Sabine Pass). The City received the original license from the US Corp of Engineers for the water line (Resolution 04- 115), and the 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 water line. The purpose of the license agreement is to replace that agreement with documentation of a new agreement/renewal—DAC W64-9-20-0055. Budget Impact: No impact on the budget. Recommendation: It is recommended that City Council approve PR 21477, pertaining to the Department of the Army License and the Sabine Neches Waterway Project, Port Arthur Canal, granting a license renewal for operation and maintenance of the 16-inch water line,over,across,in and upon lands of the United States (Tracts RW 10, 11, 12,5, 31,25,26,and 27),substantially as delineated on Exhibit"A",attached hereto and made a part hereof, hereafter referred to as premises. P. R. No. 21477 6-24-20 bw Page 1 of 2 RESOLUTION NO. A RESOLUTION PERTAINING TO THE DEPARTMENT OF THE ARMY LICENSE AND THE SABINE NECHES WATERWAY PROJECT, PORT ARTHUR CANAL. WHEREAS, per Resolution No. 04-322, approved on September 28, 2004, the City entered into a License to Use Agreement DACW64-043-58 with the Department of Army for the continued operation and maintenance of a 16-inch water line beneath the Port Arthur Canal; and, WHEREAS,the current license to use has expired and it is deemed in the best interests of the citizens to renew the license; and, WHEREAS,the Secretary of the Army is hereby granting the City of Port Arthur a license renewal No. DACW64-9-20-0055 for the operation and maintenance of the 16-inch diameter, HDPE 1,385-foot water line, over, across, in and upon lands of the United States (Tracts RW 10, 11, 12, 5, 31, 25,26, and 27; and, WHEREAS, it is in the best interest of the City to accept and approve license renewal No. DACW64-9-20-0055. 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, Port Arthur Canal. P. R. No. 21477 6-24-20 bw 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 , 2020 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor Councilmembers: NOES: Thurman"Bill"Bartie Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: alecia Ti o City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton Donald Stanton, City Manager Interim Utilities Director Exhibit A i�pIT Off. �tM1 w d DEPARTMENT OF THE ARMY U.S.ARMY CORPS OF ENGINEERS,GALVESTON DISTRICT P.O.BOX 1229 GALVESTON,TEXAS 77553-1229 '.trrs uta 12 May 2020 SUBJECT: Sabine-Neches Waterway; Port Arthur Canal; Jefferson County, Texas; REIN-20-025; Consent to Easement No. DACW64-9-20-0055 Ron Burton City Manager City of Port Arthur 444 4th Street Port Arthur, TX 77640 Dear Mr. Burton: Enclosed please find an original of the subject Consent to Easement No. DACW64-9-20-0055. Please collect the appropriate signatures and return two signed originals by mail to the address below for execution. You will be mailed a fully executed original for your records. U.S. Army Corps of Engineers Attn: CESWG-RET (David Jordan) 2000 Fort Point Road P.O. Box 1229 Galveston, Texas 77553 If you have any questions or require additional information, please contact David Jordan at (409) 766-6348 or by email at David.T.Jordan@usace.army.mil. Sincerely, NELSON.TIMOT Digitally signed by N E L50 N.TI MOTHYJ.12303 HY.J.123037292 72922 Date:2020.05.15 08:03:02 2 -05'00' Timothy J. Nelson Chief. Real Estate Division Galveston District U.S. Army Corps of Engineers Enclosure DEPARTMENT OF THE ARMY CORPS OF ENGINEERS GALVESTON DISTRICT Consent No: DACW64-9-20-0055 Project: Sabine-Neches WW: Port Arthur Canal Tract No: RW-10, 11, 12, 5, 31, 25, 26, 27 CONSENT TO EASEMENT WHEREAS, the United States has acquired a perpetual Right-of-Way and/or Spoil easement over Tract No RW-10, 11, 26, and 27 and has acquired in Fee Simple Tract No. RW-12, 5, 31 , and 25, Sabine-Neches Waterway: Port Arthur Canal, Jefferson County, Texas. WHEREAS, The United States has been requested to give consent for the City of Port Arthur to operate and maintain a 16-inch waterline on the above identified tracts. NOW THEREFORE, the United States hereby gives consent to City of Port Arthur to, operate and maintain a 16-inch waterline at the location shown in Exhibits A- G, attached hereto; PROVIDED HOWEVER, that this consent is subject to the following conditions: 1. This consent is granted for a term of ten (10) years beginning from the date this consent is fully executed. but revocable at will by the Secretary. 2. All activities conducted on the premises shall comply with all applicable Federal, state, county, and municipal laws, ordinances and regulations wherein the premises are located. 3. The giving of this consent does not in any way subordinate the United States prior easement rights. The United States shall in no case be liable for any damage or injury to the structures herein consented to, which may be caused by any action of the United States under its easement or that may result from future operations undertaken by the United States, and no claim or right to compensation shall accrue from such exercise of the United States' easement rights. 4. 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 consented activity. 5. This instrument is effective only insofar as the rights of the United States in the premises are concerned; and the consentee shall obtain such permission as may be required on account of any other existing rights. It is understood that this consent does not eliminate the necessity for obtaining any Department of the Army permit which may be required pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (30 Stat. 1151; 33 U.S.C. § 403), Section 404 of the Clean Water Act (33 U.S.C. § 1344) or any other permit or license which may be required by Federal, state, interstate or local laws in connection with the use of the premises. This Consent to Easement supersedes License No. DACW64-3-09-42 IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the Army, this day of , 2020. Timothy J. Nelson Contracting Officer, Real Estate Division Galveston District U.S. Army Corps of Engineers THIS CONSENT is also executed by the grantee this day of , 2020. Ron Burton City Manager City of Port Arthur 2 DACW64-9-20-0055 CERTIFICATE OF AUTHORITY I, Val Tizeno, do hereby certify that I am the City Attorney for City of Port Arthur, named as Grantee herein; and that Ron Burton, who signed this consent on behalf of the Grantee, was then City Manager for the Grantee. I further certify that the said officer was acting within the scope of powers delegated to this officer by the governing body of the Grantee in executing said instrument. IN WITNESS WHEREOF, I have made and executed this certification this day of , 2020. Val Tizeno City Attorney City of Port Arthur 3 DACW64-9-20-0055 IA ...Li.':;, f,.v.,-- ' . ..f . n A A •- ,• .t" if ^ r A .- \ ...g . , -,.. G .. o iso ,sao A SCALE IN FEET ^^ t I `• - - - '. 9` s\ . ., I ABINE ', - ° LAKE T� • �^ At� to `PROJECT LOCATION (PORT ARTHUR CANAL CROSSING) 's •_ _ ._ r • • ' 1• ; ; - err.` „.-.. 4 a i v i.-1, -. \ p KEITH ` R$ ` . LAKE ^` +T i . y t. milt G At;.y ,t l - 411,41.34, PORT ARTHUR WATER LINE ,..' *- `' �p -1 REHABILITATION ,• -. • ARCEN%AUX I C CEN Ei Engineers. bac. t $ • e _ VICINITY MAP c . 8' 1 ddn.a, Surwlo.. Plsnnsrs €` ` GATES My; I- --_J PORT ARTHUR JEFFERSON COUNTY. TEXAS • EXHIBIT. 14114(05)828 Cit.,/ of Port Arth.,r Pa.-1t 1 of 7 Exhibit A OS+S VIS 3NI1 HOIVI-V W W © o � W U r VI _ o X ,.-i J N a Z = X a w Cr I N Q cO t ti O "- O N Ill Z d 1'� Cl) 1— 0 0 J -'--; CD X N-- UCl- � lam Z o Z 0 r r"% Er w o Z O a. T }-' - Q Z Q U O ° a W� =m -Jw L1.1 CL Q zU. 1 0 r _ T a_ O F- a cr a Z a < O J d a_ 2000.6„„„„ ------- m a U �'��� _-�_�. CI � Y - C elf!� W t:..•vav - x� / HWY. 87 O w a _ --I - — — ----- _ _7---:----- ?r - rass - r __-__.. -__. •wATER - EOS --=o,_ ,.-.,,..- - X14 •J J _W 08+01- .VIS 3NI1 HO1VW wi I © o n j V N 0 Q N H _m x w c N Q co t ti in o O a. O 4 co O r- a) v c- ) a_ W Z ? :11 •-••• 0 Ccs w } Z U ii Q Q � �z Q O Q to 3 � 1-- Q z r 1 r• t= <c U o V CC_J CC CC CZ 4O im = O � � _ w , 11. �� Q Q O Q a cc I— ii = ` 0 I Cr co a Z 11.10 Q a 0 oft co F999n � :10. p ,..i ci• `o xa • < 0 z a!e w 7'E L; e!a Qv„ f�-- a o. m 1 i C.. V G Exhibit C 141 14(05)828 City of Port Arthur Page 4 of 7 W W © -9z W V N 0 m N 1— a-5 m x Lu >- E5 w ' ce co I'' o w w CLto -IZ U Z 1 J a _ CPA i soul ailikW 0 Z 0 Q~ U O co HWY. 82 LL CC Q� Q er � era sa a+oo � I— cc € rz aa.. O I— VE gP VE cc • Q c s CL d M XFw-5 i ii PORT ARTRNA • S.lE CQ ° - F �-, 1 Exhibit D OO+S'VIS 3NI1 H31VW to tf7 f- � • w . 11 I w © o z 1 ._ u cm V g=mo co L co __ Ico Q N J �. L, O .O O LCA v.-- O -f0...f%IS 0d + v00_ M z (.0QQ Cl)1 0 w Z U z -J Q D o Q— 0 o N CC J = CC ICI! � I < W Q w -' FC LS+i vs3M�IM9'%02kktI O D O I f LU Q J_ H. LL o O 0 • . o+ a CL i W V C � tl C7 Cs V o11 / i G we, I l 1� Z3ly T.-14-43(114-11-Irx *3aoro. Y- � , :•al 0 i 3 ,--- g om. m 1 ' 1 r • L.___.. Exhibit E Oti+Ol. VIS 3NI1 H31VW u .oW w -I- •alat w . OtWI VIS Id .. CDO o 4.O lM . _ N < I + , w iA tr) O O . O 4- dp,- 4) v .— tu \ . U D- . i N0 J ") � CC o 0 k —, ° w o Q Z * 1 3 .i0 Q CC z Ov � m <° z C , � ? o 1.14 0Lit � I c _ ¢w 0. Lu -, o � � _ Q — o � CC O 0 _J Q 1 cc a, O WqI:g o e-.--1 g 14 .v1 - Lx.. H y ,0 7 i`-. ANI 1 HT,L`./ i. L.r= Exhibit F • 14114(05)828 City of Port Arthur Page 7 of 7 r W u_ © gZ �, W U 0 tea CO O• O• O O O O 1...1.%O0 a0 c0 V N O N. sr 9 00 O• N 7 CO• 7 `O ti_e _ m .' x LU ... time)B);Aug;1100-LSKi vis 1_ *I \ - . o Z � + co up CO LU0 Z U Z 1 J Q D CCZ z 0 • I— U Z yC ° CC J _ Oo D _m I— u_ •\'• • ••'• ' cs4 < CC a. �= < w y <w I•- cc Sc+ii NIS 3rnwrve '7CONedV Er ci- I \ d Cl_ 2 LU CC y CCO \ ° a 0 0 ` w "1_ I F 9. o a p.9 7 C 6 O +L V1S 3NI1 HaLVVI `a li% ' zIF, w o U F$ z o;a a,.;;m ! x �n e U I Exhibit G