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HomeMy WebLinkAboutPR 11990:KCS/PORT DRUMINTEROFFICE MEMORANDUM TOf FROM: SUBJECT: DATE: STEVE FITZGIBBONS, CITY MANAGER DALE L. WATSON, DIRECTOR OF PLANNING P.R. NO. 11990- KCS PORT DRUM 10/24/02 RECOMMENDATION: I recommend approval of Proposed Resolution No. 11990. This Resolution would authorize an agreement with KCS Railroad for the temporary use of the Port Drum site for recreational purposes. BACKGROUND: KCS is completing mitigation of the old Port Dm site. They have offered to make this property available to the City on a temporary basis for recreational uses. Prior to utilizing this property, KCS is to provide a toxicology report verifying that this use of the property is consistent with the cleanup that has been done on the property. KCS has proposed to split the cost of placing asphalt on the concrete slabs to smooth them out so that they would be of greater benefit for parking or miler blading. BUDGETARY/FISCAL EFFECT: The agreement provides that the City will split the cost of placing asphalt on the concrete slabs at a cost not to exceed $20,000 STAFFING/EMPLOYEE EFFECT: None SUMMARY: I recommend that Proposed Resolution No. 11990 be approved authorizing an agreement with KCS for the use of the old Port Drum site for recreational purposes. P.R. No. 11990 10/23/02 DLW RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH KANSAS CITY SOUTHERN RAH,ROAD FOR THE USE OF THE PORT DRUM PROPERTY FOR RECREATIONAL PURPOSES WHEREAS, Kansas City Southern Railroad ("KCS") has indicated that they have mitigated the property located north of 9th Street and east of Marion Anderson Ave., commonly known as "Port Drum" in compliance with the terms of an approved closure report and regulations of the Texas Commission on Environmental Quality; and, WHEREAS, KCS has offered the use of the surface of the property to the City of Port Arthur for recreational purposes; and; WHEREAS, KCS has indicated that the closure report and the orders of the Texas Commission on Environmental Quality have or will allow the use of the surface for recreational usage; and, WHEREAS, the City Council of the City of Port Arthur does wish to use the surface of the property for recreational purposes, i.e. football and similar sporting activities; NOW THEREFOR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the City shall be allowed to use the property for recreational purposes only subject to the following conditions: 1. That the City will post signs that the property may only be used by the public during daylight hours only and only by reservation. 2. That the City will post signs that no digging or other similar activities shall be permitted on the site. P.R. NO. 11990 10/23/02 Page 2 of 4 3. That once the property is ready for recreational usage, the City will mow the area that is used therefor. THAT KCS shall undertake the following activities prior to the City being allowed to using this area for recreational purposes. 1. The property shall be seeded with a 50/50 mix ofrye and Bermuda grass. 2. That the fences on 9~h Street and Marion Anderson shall be moved adjacent to the concrete slabs located on the property. 3. That a ramp suitable for automobiles shall be constructed on 9th Street and Marion AnderSon providing automobile access to the concrete slabs. 4. That a toxicology report shah be provided from a qualified and insured professional verifying that the proposed usage of the site as a recreational area is consistent with the mitigation performed on the property as well as the local, state and federal regulations 5. That KCS shall pave a parking lot on top of the existing slabs and a ramp from 9th Street as well as a ramp from Marion Anderson THAT for consideration of this site being made available for public recreational usage, the City of Port Arthur shall pay KCS fifty percent (50 %) of the cost of laying asphalt on the slab or slabs and any adjacent areas that are necessary as to enable utilization of the slab or slabs for parking and other wheeled activities. The City's share of this work shall not exceed $20,000 and will be paid after this work as well as the other work of KCS is fully completed and the area is su'mable to be used for recreational usage. Sa'id KCS work shall be performed in accordance with the laws, building codes, regulations of the City, State and Federal as well as the requiremems of the closure report.. P.R. NO. 11990 10/23/02 Page 3 of 4 THAT KCS shall give to the City any and all reports fxom the monitoring wells on the property. THAT KCS shall continue to be respons~le for any existing environmental conditions on the site, the maintenance of the cap and the maintenance of the monitoring wells and the City shall not incur any liability therefor THAT either party upon sixty (60) days written notice may cancel this agreemem. Nevertheless, if the agreement is terminated by other than mutual agreement, KCS shall repay the City of Port Arthur $20,000 (Amounts paid by the City for the parking loO. THAT the City Manager is herein authorized to execute a lease agreement with these terms and on such form as is approved by the City Attorney aider review and consultation with the City's liability insurance carrier. 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 Octoher, A.D., 2002, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: MAYOR COUNCILMEMBERS: NOES: ATTEST: City Secretary Mayor P.IL NO. 11990 10/23/02 Page 4 of 4 APPROVED AS TO FORM: City Attorney APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF ~FUNDS: Director of Finance City Manager Director of Planning