HomeMy WebLinkAboutPR 23047: LICENSE RENEWAL WITH THE DEPARTMENT OF THE ARMY, PLEASURE ISLET ROAD s`
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: March 15, 2023
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Flozelle C. Roberts, EIT, MEng,MBA, Public Works Direc
RE: P.R. 23047—Authorizing the City Manager to Execute a Licenseenewal with
the Department of the Army for the Use and Maintenance of Pleasure Islet
Road on U. S. Government Property
Introduction:
This agenda item requests Council's approval for the license renewal of Pleasure Islet Road with
the Department of the Army.
Background:
Pleasure Islet Road,the only roadway access to Pleasure Islet, is built on an earthen plug in the
abandoned section of the old Sabine-Neches Canal, which is the property of the United States
government.
The City of Port Arthur has maintained a license with the Department of the Army for the use
and maintenance of Pleasure Islet Road. The license allows the City's use of the road at no cost.
The City is responsible for all maintenance costs.
A copy of the license terms and a map illustrating the portion of the road to which the license is
granted are included as an attachment to the proposed resolution.
"Remember,we are here to serve the Citizens of Port Arthur"
444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
Budget Impact:
There is no budgetary impact for renewing the license.
Recommendation:
It is recommended that the City of Port Arthur City Council approve PR 23047 authorizing the
City Manager to execute a license renewal with the Department of the Army for the use and
maintenance of Pleasure Islet Road on United States government property.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
PR 23047
03/16/2023 FCR
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE
CITY OF PORT ARTHUR TO EXECUTE A LICENSE RENEWAL
WITH THE DEPARTMENT OF THE ARMY FOR THE USE AND
MAINTENANCE OF PLEASURE ISLET ROAD ON U. S.
GOVERNMENT PROPERTY. THERE IS NO BUDGETARY
IMPACT.
WHEREAS,a portion of Pleasure Islet Road is built on an earthen plug in the abandoned
section of the old Sabine-Neches Canal,with said plug being United States government property;
and,
WHEREAS,Pleasure Islet Road is the only roadway access to Pleasure Islet; and,
WHEREAS,the City of Port Arthur has held a license and renewed a license every five
years with the Department of the Army for the use and maintenance of the road since 1959; and,
WHEREAS,it is in the best interest of the City to renew the license for another five years;
now,therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT,the facts and opinions in the preamble are true and correct; and,
THAT,the City Manager of the City of Port Arthur is hereby authorized to execute the
referenced license renewal in triplicate, a copy of said license renewal attached hereto and made
a part hereof as Exhibit A; and,
THAT,a copy of this Resolution be forwarded to the Department of the Army to document
the City's action; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
PR 23047
03/16/2023 FCR
Page 2 of 3
READ, ADOPTED, AND APPROVED, this day of , 2023
AD, 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, TRMC
City Secretary
APPROVED AS TO FORM:
Val cia . Tiz ,
City Attorney
PR 23047
03/16/2023 FCR
Page 3 of 3
APPROVED FOR ADMINISTRATION:
Ronald Burton
City Manager
io, I/ / ,/ ,,Fi
diri 4e 4 .
e Roberts, El" ng, MBA
Directo s 1 Public W$ s
PR No.23047
EXHIBIT A
No. DACW64-3-20-0113
DEPARTMENT OF THE ARMY LICENSE
SABINE NECHES WATERWAY, SABINE NECHES CANAL
JEFFERSON COUNTY,TEXAS
THE SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, under
authority of his/her general administrative authority, hereby grants to the City of Port Arthur,
hereinafter referred to as the grantee, a license to use, occupy and maintain a roadway over,
across, in and upon lands of the United States (Tract 17) as identified in Exhibit A, attached
hereto and made a part hereof, hereinafter referred to as the premises.
THIS LICENSE is granted subject to the following conditions.
1. TERM
This license is granted for a term of five(5) years beginning on the date this license is fully
executed, but revocable at will by the Secretary.
2. CONSIDERATION
The consideration for this license shall be the operation and maintenance of the premises by
the grantee for the benefit of the public in accordance with the conditions herein set forth.
3. NOTICES
All notices and correspondence to be given pursuant to this license shall be addressed, if to
the grantee,to Ron Burton, City Manager, City of Port Arthur, 444 4th Street, Port Arthur, TX
77640 ; and if to the United States, to the District Engineer,Attention: Chief, Real Estate
Division, Post Office Box 1229, Galveston, Texas 77553, Physical Address: 2000 Fort Point
Road, 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.
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 REAL ESTATE CONTRACTING OFFICER
The use and occupation of the premises shall be subject to the general supervision and
approval of the Real Estate Contracting Officer, USACE, Galveston District, hereinafter referred
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No. DACW64-3-20-0113
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 shall 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 outgrants of the United States on the premises.
d. personal to the grantee, and this license, or any interest therein, may not be transferred
or assigned.
e. subject to the right of the United States to collect amounts necessary to cover
administrative expenses associated with the processing, issuance, and management of this license
under the authority of 10 U.S.C. 2695.
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)
The grantee shall pay the cost, as determined by the officer having immediate supervision
over the premises, of producing and/or supplying any utilities and other services furnished by the
Government or through Government-owned facilities for the use of the grantee, including the
grantee's proportionate share of the cost of operation and maintenance of the Government-owned
facilities by which such utilities or services are produced or supplied. The Government shall be
under no obligation to furnish utilities or services. Payment shall be made in the manner
prescribed by the officer having such jurisdiction.
10. PROTECTION OF PROPERTY
The grantee shall keep the premises 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 located on the premises against fire or damage
from any and all other causes. 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
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No. DACW64-3-20-0113
officer, reimbursement made therefor 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-DISCRIMINATION
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.
14. TERMINATION
This license may be terminated by the Grantee at any time by giving the Real Estate
Contracting Officer at least thirty(30)day 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
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No. DACW64-3-20-0113
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 disturb, 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. DISCLAIMER
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 required 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 March 1899 (33 USC 403), and Section 404 of the Clean Waters
Act(33 USC 1344).
18. EXECUTIVE ORDER 13658
It has been determined this contract is not subject to Executive Order 13658 or the
regulations issued by the Secretary of Labor in 29 CFR part 10 pursuant to the Executive Order,
and the following provisions:
If a duly authorized representative of the United States discovers or determines, whether
before or subsequent to executing this contract, that an erroneous determination regarding the
applicability of Executive Order 13658 was made, contractor, to the extent permitted by law,
agrees to indemnify and hold harmless the United States, its officers, agents, and employees, for
4
No. DACW64-3-20-0113
and from any and all liabilities, losses, claims, expenses, suites, fines, penalties,judgments,
demands or actions, costs, fees, and damages directly or indirectly arising out of, caused by,
related to, resulting from or in any way predicated upon, in whole or in part, the erroneous
Executive Order 13658 determination. This includes contractor releasing any claim or
entitlement it would otherwise have to an equitable adjustment to the contract and indemnifying
and holding harmless the United States from the claims of subcontractors and contractor
employees.
19. SITE CONDITIONS
a. The United States shall in no case be liable for any damages to the said road or street
which may be caused by, or result from, any operations undertaken by the U.S. Government, and
no claim or right to compensation shall accrue from such damages.
b. The United States reserves the right to make such connections between the road or street
herein authorized and roads and streets on said lands as the said officer may from time to time
consider necessary, and also reserves to itself right-of way for all purposes across, over, and/or
under the right-of-way hereby granted; provided, however,that such rights shall be used in a
manner that will not create unnecessary interference with the use and enjoyment by the Grantee
of said right-of-way for road or street purposes.
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 , 2023.
Timothy J.Nelson
Contracting Officer, Real Estate Division
Galveston District
U.S. Army Corps of Engineers
THIS LICENSE is also executed by the grantee this day of , 2023.
Ron Burton
City Manager
City of Port Arthur
5
No. DACW64-3-20-0113
CERTIFICATE OF AUTHORITY
I, Val Tizeno. do hereby certify that I am the City Attorney for the City of Port Arthur
(the"Grantee"), named as Grantee herein; and that Ron Burton, who signed this license 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
, 2023.
--5
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...„
Val Tizeno
City Attorney
City of Port Arthur
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