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HomeMy WebLinkAboutPR 15403: DEPT. OF THE ARMY - SABINE-NECHES WATERWAY PROJECTInteroffice MEMORANDUM To: Mayor, City Council, and City Manager From: Mark T. Sokolow, City Attorney M_._A ~yi Date: July 24, 2009 ~ `~"~ Subject: P. R. No. 15403; Council Meeting July 28, 2009 Attached is P. R. No. 15403. It is a resolution pertaining to the Department of the Army License and the Sabine-Neches Waterway Project, Sabine-Neches Canal. I have discussed this with the Director of Utility Operations and Ron Arceneaux. Mr. Arceneaux indicated that this five year license is the standard form of the Corp and that they normally enter into successive five year licenses. MTS:ts Attachment cc: Director of Utility Operations Ron Arceneaux, ARCENSAUX & GATES z.pr15403 _memo P. R. No. 15403 07/23/09 is RESOLUTION N0. A RESOLUTION PERTAINING TO THE DEPARTMENT OF THE ARMY LICENSE AND THE 3ABINS-NECHES WATERWAY PROJECT, BASINS-NECHES CANAL WHEREAS, the Secretary of the Army is hereby granting the city of Port Arthur a license for the construction, operation, and maintenance of an 8-inch diameter, 1,465-foot sanitary sewer force main, over, across, in and upon lands of the United States (Tract No. 8), crossing at Station 195+76 as a directional drill utilizing HPDE pipe; and NOW THEREFORE, BE IT RESOLVED BY THE CITY CODNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council approves and authorizes the Department of the Army License, in substantially the same form as attached hereto as Exhibit "A", as it pertains to the Sabine- Neches Waterway Project, Sabine-Neches Canal. Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of A.D., 2009, at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: Mayor ' z.pr15403 Councilmembers NOES: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: f ~/l' ~v't^v~t^/' CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER z.pr154 D3 EXHIBIT "A" 07/15/2009 22:48 4097241447 07/15/2009 22:37 4byl663831 ARCENEAUX N0. AACW64-3-09-43 DEPARTMENT pF THE ARMY LICENSE 9A8INE-NfiCHE3 WATERPdAY PROJECT SASINE-NECHES CANAL ,7EFFSRSON COUNTY, TfiXA3 PAGE B2/08 PAGE 02/08 THE SECRETARY OF THS ARMY, hereinafter referred to ae 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 ae the grantee, a license for the construction, operation, and maintenance of an B-inch diameter, 1,465-Soot sanitary sewer farce main, over, across, in and upon lands o~ the United States (Tract No. R), crossing at Station 195+76 as a directional drill utilizing ?-77PE pipe, as identified in Exhibits A and H, attached hereto and made a part hereof, hereinafter referred to as the premises, THIS LICENSE i.s granted subject to the following conditions. 1. TERM This license ie granted for a term of FIVE (5) YEARS, beginning 16 July 2009 and ending 1S.JUly 2014, but revocable at will by the Secretary. 2. CONSIDERgTION The consideration for Chia license shall be the construction, operation and maintenance oP the premises for the benefit of the genera]. public in accordance with. the terms and conditions h®Feinafter set forth. 3. NOTICES A11 notices sand correspondence to be given pursuant to this license shall be addressed, if to the grantee, to The City of Port Arthur, 444 Fourth Street, Port Arthur, Texas 77642; and if to the United states, to the District Commander, Attention: Chief, Real Estate Division, P.O. Sox 1229, Galveston, Texas 77553-1229; ox as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when ezaclosed in a properly sealed envelope addressed as aforesaid, and deposited, postage prepaid, in a poet office regularly maintained by the United States Postal Service. 07/15/2809 22:48 4097241447 ARCENEAUX & GATES PAGE 03/08 87/15/2009 22:37 4097663831 PAUE 03!08 4. AUTHORIZED REPRE81tNTATIVES Except as otherwise specifically providod, any re£orsnce herein to "9ocretary", "District Commander', or "said officer" shall include their duly authorized representatives. Any reference to °grantee" shall include any duly authorized representatives, 5. SIIPERVISION BX THE DISTRICT COMMANDER The use and occupation of the premises shall be subject to the general supervision and approval of the District Commander, Galveston District, hereinafter referred to as said officer, and to such rules and regulations ae may be prescribed from time to time by said officer, 6. APPT~ICABLB L8W9 AND REGULATIONS The grantee shall comply with ail applicable f.'ederal, state, county anal municipal. laws, ordinances and regulations wherein the premises are located. 7 _ CO1~i,7ITI0NAL IISE SX GRANTEE 'fhe exercise of the privileges herein granted shall be: a. without cost or expense to the United States; b, subject to the right of the United &tates to improve, Use or maintain the premises. c. subject to other outgrants of the United States on the premises. d. personal to the grantee, and thj.s license, or any interest therein, may not be transferred or assigned. 8. CONDTTIOI~T 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 L-he united states. 07/15/2009 22:48 07!15/2009 22:37 4097241447 4097563831 9. PROTECTION OF PROPP~RTY ARCENEAUX & GATES PAGE 04/08 PAGE 8a/08 The premises shah. at all times be pLrotected and maintained in good order and condition by and at the expense of the grantee, The grantee shall be responsible for any damage that may be caused to the property of the United Statas by the activities of the grantee under this license, and shall exercise due diligence in the protection of al). property located on the premises against fire or damage from any and all other causes. Any property of the United Statas damaged ox destzoyed by the grantee incident to the exercise of the privileges herein granted shall be promptly repaired or. replaeed 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 noceasary to restore or replace the property to a condition satisfactory to said cfficer. 10, REBTORATSON on or before the expiration date of this license or its termination by the grantee, the grantee shall vacate the p.remisea, remove tho property of the grantee, and restore the premises to a condition satisfactory to said officer. If, however, this license is revoked, the grantee shell. vacate the premises, remove said property and restore the premises to the aforesaid condition within such time as the District Commander may designate. Ir. either event, if the grantee shall fail or neglect to remove said property and restore the premises, then, at the option of said offi.cex, the property shall either become the property of the United ,9tates without compezzsation therefor, ox said officer may cause the property to be removed and no claim for damages against the United States cr its officers or agents shall be created by or made on amount 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, subject to availability of funds. 11. NON-DISCRIMINATION a, The grantee shall not discriminate against any person oz persons because of race, color, age, sex, handicap, national origin or religion. b. The grantee, by acceptance of this license, ie receiving a type of Federal, assistance and, therefore, hereby gives assurance that it will comply with the provisions of Title VI of the Civil Rights Act of 1964 as amended (42 U.S.c. 5 2000d); the Age Ai9crimination Act of 1975 (42 U.9.C. 5 6100 ; the Rehabilitation Act of 1973, as amended (29 U.S.C. S 794); and all requirements 07/15/2009 22:48 0i/15/2009 22:37 4097241447 4097663831 ARCENEAUX & GATES imposed by or pursuant to the Department of Aefense Directives 5500.17. and 1020.1, and Army Regulation 600-7. This aeeuxa:lce shall be binding on the grantee, its agents, successors, transferees, and assignees. ].S . TERMINATION PAGE 05/08 PAGE 05J0tl This license may be terminated by the grantee at any time by giving the District Commander at least ten (7.0) days' notice in writing, 13. ENVIRONMENTAL P120TECTTON 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 Sawa, regulations, conditions, or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency, or any Federal, state, interstate oz local governmental agency having 7uzisdiction to abate nr prevent pollution. The disposal of any toxic or hazardous materials within the premises is specifically prohibited. Such regulations, conditions, or inetzuctione in effect or pzeeeribed by said Environmental Protecta.on Agency, or any fiederal, state, interstate or local governmental agency are hereby made a condition of this lieeneE. xho grantee shall not discharge waste or affluent 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 tho environment and natural .resources, and whets 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 aze applied to the premises. 14. HISTORIC PR$s£RVATION The grantee shall not remove or disturb, or cause cr permit to be removed or disturbed, any historical, archeological, architectural or other. cultural art ifaete, relics, remains cr objects of antiquity. In the event such items are discovered on the premiaee, the grantee shall immediately notify said officer and protect the site and the material from further disturbance until said offic:ez gives clearance to proceed. 07/15/2009 22:48 4097241447 07!15!2009 22:37 4897663831 15. DISCLAIMER ARCENEAUX & GATES PAGE 06/BB PAGE 06108 ibis license i,e effectivo only insofar as the rights of the Vnited states in the premises are concerned; and the grantee shall obtain any permit or license which may be required by Federal, state, or local statute in connection with the use of the premises. It is understood that the granCxng of dais license does not preclude the necessity of obtaining a DQpartment of the Army permit for activities which involve the discharge of dredge or fill material or the placement of fixed stxuetures in the waters of the United States, pursuant to the provisions of Section 10 of the RiY®rs and Harbors Act of 3 Marsh 1899 (33 USC 403), and Section 404 of the Clean Waters ACt (33 USC 1344). THIS LICENSE is not subjoct to Title 10, United States Code, 9eetion 2652, as amended. IN SJITNESS WH&REOF, I have hereunto set my hand by authority of the Secretary of the Army, this day of , 2009. ORJ.~ANDO ROSAS Chief, Peal Estate nivision U.S. Army Corps of Engineora Galveston District Galveston, Texas THIS day C SE is also executed by tha grantee this of 2009. CYTX OF PORT ARTHUR, TEXAS By ~ ~~~7~~ elorie "Eobbie" Prince Mayor 07/15/2009 22:48 07/15/2009 22:37 4097241447 4097663831 ARCENEAUX & GATES PAGE races 07/08 e7/oe Cityo~Port Artbur SVJG2009.00543 JUN 2 3 7009 June z2, zoo9 Page 1 aF4 - Nsbi{6 ~4v4E .