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Home My WebLink AboutPR 23588: RENEWAL OF ARMY LICENSE NO. DACW64-3-24-0032 FOR THE WATERLINE CROSSING THE INTRACOASTAL CANAL '\ City of ort rthu t INTEROFFICE MEMORANDUM -WATER UTILITIES DEPARTMENT- Date: April 01,2024 To: The Honorable Mayor and City Council Through: Ronald Burton,CPM, City Manager From: Calvin Matthews,P.E.,Water Utilities Director RE: PR 23588—Renewal of Army License No. DACW64-3-24-0032 for the Waterline Crossing the Intracoastal Canal Introduction: The intent of this Agenda Item is to seek City Council's approval for the City Manager to renew Army License No.DACW64-3-24-0032 for the waterline crossing the Intracoastal Canal. Background: The City of Port Arthur entered into a 5-year license agreement with the Department of the Army, per Res. 09-328. In 2018, the Secretary of the Army granted the City a license renewal No. DACW64-3-18-0076 for the construction, operation, and maintenance of the 24-inch water pipeline and its 30-inch casing, over and across, in and up certain Tracts located within the Sabine-Neches Waterway, Neches Canal and Port Arthur Canal Projects. This resolution is intended to renew that agreement,with the replaced license No. DACW64-3-24-0032. Budget Impact: No budgetary impact. Recommendation: It is recommended that City Council approve PR 23588, pertaining to the Department of the Army License No.DACW64-3-24-0032 as described/outlined above. "Remember,we are here to serve the Citizens of Port Arthur" PR No. 23588 4/1/24 cv Page 1 of 3 RESOLUTION NO. A RESOLUTION APPROVING THE DEPARTMENT OF THE ARMY LICENSE RENEWAL NO. DACW64-3-24-0032 PERTAINING TO THE SABINE NECHES WATERWAY PROJECT, SABINE NECHES CANAL. WHEREAS, in 2014, the City of Port Arthur submitted a requested to construct, operate, and maintain a 24- inch Water Pipeline and its 30- inch Casing, over, across, in and upon said Tracts Nos. 3, 11 and 27 for the purposes of serving the general public; and, WHEREAS,the Department of the Army,under authority of Title 10,United States Code, Section 2668, granted the City of Port Arthur License No. DACW64-3-14-0053 to construct said pipeline project; and, WHEREAS, the project was completed in 2018 and the Department of the Army hereby requested to replace License No. DACW64-3-14-0053 with License No. DACW64-3-18-0076 to operate and maintain said pipeline; and, WHEREAS,Resolution No. 18-512,approved by Council on December 4,2018,renewed License No. DACW64-3-18-0076 for five (5) years; and, WHEREAS,the License No. DACW64-3-18-0076 was terminated after five(5)years and will be replaced with License No. DACW64-3-24-0032 for another five (5)years. NOW THEREFORE,BE IT RESOLVED BY CITY COUNCIL OF CITY OF PORT ARTHUR: THAT,the facts in the preamble are true and correct; and, 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, in substantially the same form attached hereto as Exhibit "A", License No. DACW64-3-24-0032 for the purposes of maintaining said pipeline on Tracts 3, 11 and 27 of the property of the United States; and, PR No. 23588 4/1/24 cv Page 2 of 3 THAT,a copy of the caption of this resolution be spread upon the minutes of City Council. READ, ADOPTED, AND APPROVED THIS day of 2024 at a Regular Meeting of 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 PR No. 23588 4/1/24 cv Page 3 of 3 APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: J e M. Black Ronald Burton, CPM In_e ' City Attorney City Manager Calvin a ews, . Water Utilities Di ctor APPROVED AS TO THE AVAILABILITY OF FUNDS: ti M Lynda(Lyn)Boswell, MA, ICMA-CM Finance Director L,iL Clifton Williams, CPPB Purchasing Manager EXHIBIT A (Department of the Army Document) 1,147_OP a I,%q �� DEPARTMENT OF THE ARMY m / M x U.S.ARMY CORPS OF ENGINEERS,GALVESTON DISTRICT q , M 2000 FORT POINT RD ,w il�irn r::= GALVESTON,TEXAS 77550 s K.___ StAirs oF' SUBJECT: Sabine-Neches Waterway, Port Arthur Canal & Sabine-Neches Canal; Jefferson County, Texas; REIN 24-015; License No. DACW64-3-24-0032 Ron Burton City Manager City of Port Arthur 444 4th Street Port Arthur, Texas 77640 Dear Mr. Burton: Enclosed please find an original of the subject License No. DACW64-3-24-0032. 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 (Dana Schirato) 2000 Fort Point Road P.O. Box 1229 Galveston, Texas 77550 If you have any questions or require additional information, please contact Dana Schirato at (409) 766-3871 or by email at Dana.M.Schirato@usace.army.mil. Sincerely, NELSON.TI Digitally signed by NELSON.TIMOTHY.J. M O T H Y.J.12 1230372922 e: 02 30372922 Dat1328:242024.-062.007 Timothy J. Nelson Chief, Real Estate Division Galveston District U.S. Army Corps of Engineers Enclosure „ ,t.:„ DEPARTMENT OF THE ARMY r zU.S.ARMY CORPS OF ENGINEERS,GALVESTON DISTRICT . M 2000 FORT POINT RD \ T GALVESTON,TEXAS 77550 SUBJECT: Termination of Real Estate Instrument DACW64-3-18-0076; REIN 24-015 Ron Burton City Manager City of Port Arthur 444 Fourth Street Port Arthur, Texas 77642 Dear Mr. Burton: You are hereby notified of the termination of the following described instrument in accordance with terms thereof: a. Symbol number: DACW64-3-18-0076 (see enclosure) b. Name and address of grantee: City of Port Arthur 444 Fourth Street Port Arthur, Texas 77642 c. Kind of instrument: license for the continued operation and maintenance of a 24-inch diameter water pipeline and its 30-inch casing crossing tracts 3, 11 & 27 in the Sabine- Neches Waterway, Port Arthur Canal & Sabine-Neches Canal, Jefferson County, Texas Project(s). d. Effective date of termination: December 17, 2023 e. Justification: Outgrant expired. Replaced with DACW64-3-24-0032. f. Compliance with conditions of instrument: Satisfactory. If you wish to use Government controlled property in the future you may submit a Real Estate application on our website at: http://www.swg.usace.army.mil/BusinessWithUs/RealEstate Division/Outgrants.aspx. For further assistance, please contact Realty Specialist Dana Schirato at (409) 766-3871 or email Dana.M.Schirato@usace.army.mil. Sincerely, NELSON.TIMOT Digitally signed by NELSON.TIMOTHY.J.123037 2922 HY.J.1 230372922 Date:2024.02.27 13:31:29-06'00' Timothy J. Nelson Contracting Officer, Real Estate Division Galveston District U.S. Army Corps of Engineers Enclosure No. DACW64-3-24-0032 Replaced DACW64-3-18-0076 DEPARTMENT OF THE ARMY LICENSE SABINE-NECHES WATERWAY, PORT ARTHUR CANAL & SABINE-NECHES CANAL JEFFERSON COUNTY,TEXAS THE SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, under his/her general administrative authority, hereby grants to City of Port Arthur, hereinafter referred to as the grantee, a temporary license for the continued operation and maintenance of a 24-inch diameter water pipeline and its 30-inch diameter casing over, across, in and upon lands of the United States, (Tracts 3, 11 & 27)as identified in Exhibit A, B & C, 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 19 December 2023 and expiring on 18 December 2028, 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 Fourth Street Port Arthur, Texas 77642; and if to the United States, to the District Engineer, Attention: Chief, Real Estate Division, Post Office Box 1229, Galveston, Texas 77550, Physical Address: 2000 Fort Point Road, Galveston, Texas 77550; 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 1 No. DACW64-3-24-0032 Replaced DACW64-3-18-0076 approval of the Real Estate Contracting Officer, USACE, Galveston District, hereinafter referred 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. pre ibeal by the offcer having c1 sdictio„. t,....�v.avvu a.ac 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 2 No. DACW64-3-24-0032 Replaced DACW64-3-18-0076 replaced 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 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 3 No. DACW64-3-24-0032 Replaced DACW64-3-18-0076 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 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 4 No. DACW64-3-24-0032 Replaced DACW64-3-18-0076 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 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. EXECUTIVE ORDER 13706 It has been determined this contract is not subject to Executive Order 13706 or the regulations issued by the Secretary of Labor in 29 CFR part 13 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 13706 was made, contractor, to the extent permitted by law, agrees to indemnify and hold harmless the United States, its officers, agents, and employees, for 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 13706 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. 20. SITE SPECIFIC CONDITIONS The following site-specific recommendations are made as limitations, restrictions, safety issues, clearances for power and communication lines over reservoirs (sag height) or conditions to make the proposed use compatible with the operation of the project: a. Any USACE work or maintenance work will take precedence over the private activities authorized herein. b. The Grantee shall properly maintain and operate their constructed facility in a consistently satisfactory condition towards continuously providing a safe facility. c. Grantee has obtained and complied with all regulatory permit requirements including, but not limited to: Regulatory Permit Number SWG-1998-02413, the requirements of which are incorporated herein by this reference. d. Grantee must keep and maintain a file copy of the approved as-built drawings of the installed pipeline. 5 No. DACW64-3-24-0032 Replaced DACW64-3-18-0076 e. The USACE reserves the right to inspect the facility, operation, and maintenance procedures for at any time during the term of the license provided reasonable notice is given to the Grantee. f. Incident or Accident reports: Grantee will notify USACE in writing at the earliest practicable moment but not later than 30 days from the date of a reportable incident or accident. Reportable events are further defined in 49 CFR 195. Grantee will mail all written correspondence to the address listen in paragraph 3 of this license. Grantee's written notification will include the following information: (1)Name, address, and identification number of the operator. (2)Name and telephone number of the reporter. (3) The location of the failure. (4) The time of the failure. (5) The fatalities and personal injuries, if any. (6) Initial estimate of amount of product released. g. Abandonment or deactivation: Grantee will notify USACE in writing within 60 days prior to abandoning or deactivating said pipeline. Grantee's written notification will include the following information: (1)Name, physical address, phone number and email address for pipeline owner. (2) Date of abandonment. (3) Diameter of all pipelines abandoned. (4) Method of abandonment. (5) Written certification that said pipeline was abandoned in accordance with applicable laws and regulations. h. Transfer of Ownership: if a change in ownership is contemplated, Dana Schirato, Realty Specialist (409-766-3871)and Aron Edwards, Operations Land Use Coordinator(409-766-3028) shall be notified in writing 60 days prior to transferring ownership of said pipeline. Grantee's written notification will include the following information: (1) Name, physical address, phone number and email address for pipeline purchaser. (2) Forecasted date of transfer of ownership. (3) Grantee will provide USACE a copy of the Texas Railroad Commission T-4 form in addition to a written notification. i. During the operation and maintenance of said pipeline grantee will ensure, no structures or fill will be allowed to obstruct any navigation channels or impact any Federal Interests beyond the activities authorized herein. Coordination to include, but not limited to, scheduling pre-work and post-work on site inspections. j. Prior to commencement of any work, Grantee shall notify and coordinate with the Corps 6 No.DACW64-3-24-0032 Replaced DACW64-3-18-0076 of Engineers, Resident Engineer, Timothy White, (409-985-2000x1412) and Aron Edwards, Operations Land Use Coordinator. k. All pipeline crossing signs shall be satisfactorily maintained, repaired and or replaced as needed to provide continuous signage of the project. 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 Amy,this_ day of ,2024. Timothy J.Nelson Contracting Officer,Real Estate Division Galveston District U.S. Amy Corps of Engineers THIS LICENSE is also executed by the grantee this day of , 2024. Ron Burton,CPM City Manager City of Port Arthur CERTIFICATE OF AUTHORITY I, James M Black,do hereby certify that I am Interim City Attorney for 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, 1 have made and executed this certification this day of , 2024. James M Black Interim City Attorney City of Port Arthur 7 i'- � `o .- 031,5 T c F, "..."°°"1"9""/7#°/...4. X--• . .a13 .,� ,.. �l �B z14::1:1'tc�g o was iie- i:1- • a&'�t x , B e 3�'O ffi �F � .)f• : N ‘<.--,---''—'' -, N-----y `gr •!i „ L _� x r \� m L w�, c :.I.' Ill---,..4 kg i I Pk. -,:s k, ' '4.„ -,, _ ,, ,,.,,,., ,. ,, .1„,,',-' .''''''''s' .'.-',4,,,.T. 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