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HomeMy WebLinkAboutPR 24550: TEMPORARY ACCESS AND USE AGREEMENT (EASEMENT) FOR ENTERGY TEXAS, INC. ON FM 365 AT PORT ACRES WASTEWATER TREATMENT PLANT Hp�ate* nrt rth +. INTEROFFICE MEMORANDUM Date: September 22, 2025 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: Calvin Matthews, P.E., Water Utilities Director RE: PR No. 24550—Temporary Access and Use Agreement(Easement) for Entergy Texas, Inc. on FM 365 at Port Acres Wastewater Treatment Plant Introduction: The intent of this item is to seek City Council approval to authorize the City Manager to execute a Temporary Access and Use Agreement with Entergy Texas,Inc.,for a 50' x 50' portion of the Port Acres Wastewater Treatment Plant Property to serve as a temporary workspace for the expansion of the Rhodair Gully Bridge project located on FM 365. Background: Entergy Texas, Inc. is working on a project in conjunction with Jefferson County Drainage District No. 7 and Texas Department of Transportation (TxDOT) for the expansion of the Rhodair Gully Bridge located on FM 365. The Temporary Access and Use Agreement is needed to allow access to a 50' x 50' portion of City-owned property,(i.e.,Port Acres Wastewater Treatment Plant)to store,erect,or laydown line equipment and fixtures, including boring rig, water truck or trailer, backhoe and/or vacuum truck, welding rig, temporary shoring and/or mats, wire trailer, and/or wire reels, rope, rig, roll pipe, steel encasements, wire, pull boxes and pulling rope and other equipment or appurtenances useful or desired in connection with Entergy's construction or maintenance activities in support of a utility project located at or near the Premises.Entergy Texas,Inc.will pay the City a one-time fee of$500.00 for the temporary access and use of the space for a period of 180 days from the commencement of construction. Budget Impact: The one-time fee of$500.00 will be deposited into Water Utilities Account No.410-00-000-4305-00-00- 000. Recommendation: It is recommended that the City Council approve Proposed Resolution No.24550,approving Temporary Access and Use Agreement with Entergy Texas,Inc., as discussed/outlined above. "Remember,we are here to serve the Citizens of Port Arthur" PR No. 24550 9/19/25 cm Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A TEMPORARY ACCESS AND USE AGREEMENT WITH ENTERGY TEXAS, INC., FOR THE USE OF A 50' X 50' PORTION OF THE PORT ACRES WASTEWATER TREATMENT PLANT PROPERTY AS TEMPORARY WORKSPACE FOR THE RHODAIR GULLY BRIDGE EXPANSION PROJECT ON FM 365. WHEREAS, Entergy Texas, Inc. is working on a project in conjunction with Jefferson County Drainage District No. 7 and Texas Department of Transportation (TxDOT) for the expansion of the Rhodair Gully Bridge located on FM 365 (the "Project"); and WHEREAS, Entergy Texas, Inc. has requested that a Temporary Access and Use Agreement be granted to allow access to a 50' x 50' portion of Port Acres Wastewater Treatment Plant property (the "Premises") to store, erect, or laydown line equipment and fixtures, including boring rig, water truck or trailer, backhoe and/or vacuum truck, welding rig, temporary shoring and/or mats, wire trailer, and/or wire reels, rope, rig, roll pipe, steel encasements, wire, pull boxes and pulling rope and other equipment or appurtenances useful or desired in connection with Entergy's construction or maintenance activities in support of a utility project located at or near the Premises (the "Project"); and WHEREAS, Entergy Texas, Inc. will pay the City a one-time fee of $500.00 for the temporary access and use of the 50' x 50' space for a term commencing on the start date of construction and continuing for one hundred eighty (180) days (the "Term"), subject to extension by mutual written agreement; and WHEREAS, the temporary access and use is deemed essential for the project with Jefferson County Drainage District No. 7 and TxDOT for the expansion of the Rhodair Gully Bridge on FM 365. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Ir PR No. 24550 9/19/25 cm Page 2 of 3 THAT,the facts and opinions in the preamble are true and correct; and, THAT, the City Council hereby authorizes the City Manager to execute a Temporary Access and Use Agreement with EntergyTexas, Inc. to allow access and use a 50' x 50' portion g of the Port Acres Wastewater Treatment Plant property for a term commencing on the start date of construction and continuing for one hundred eighty (180) days, in substantially the same form as described in Attachment"A", attached and made a part hereof; and, THAT, Entergy Texas, Inc. will pay the City a one-time fee of$500.00 for the temporary use and access of the space which will be deposited into Water Utilities Account No. 410-00-00- 4305-00-00-000. 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 , 2026 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: NOES: Charlotte M. Moses Mayor ATTEST: Sherri Bellard City Secretary PR No. 24550 9/19/25 cm Page 3 of 3 APPROVED AS TO FORM: Roxann Pais Cotroneo City Attorney APPROVED FOR ADMINISTRATION: #Pb/ Ronald Burto , CP City Manager f/iat-4Q,ZZ / uc,tzw Suhail Kanwar, P.E. Director of Public Services Calvin M tthews, P.E: Water Utilities Director APPROVED AS TO FUND AVAILABILITY: 004tbey--1,1 Lynda(L n) Boswell, MA, ICMA-CM Finance Director LtA1/2L Clifton, E. Williams Jr., CPPB Purchasing Manager Attachment "A" TEMPORARY ACCESS AND USE AGREEMENT This Temporary Access and Use Agreement (the "Agreement") is entered into as of ,2026 by and between the City of Port Arthur,Texas,a municipal corporation,whose mailing address is 444 4th Street, Port Arthur,Texas 77640,(referred to collectively,whether one or more, as("OWNER")and the following Entergy Company("ENTERGY"): (Check only one) ❑ Entergy Arkansas, LLC ❑ Entergy Louisiana,LLC ❑ Entergy Mississippi, LLC ❑ Entergy New Orleans, LLC X Entergy Texas, Inc. WITNESSETH: 1. Property.OWNER is the owner of certain property in the City of Port Arthur,Jefferson County, State of Texas described on Exhibit A attached hereto and made a part hereof(the "Premises"). 2. Temporary Use. ENTERGY desires to use the Premises to store, erect, or laydown line equipment and fixtures, including boring rig, water truck or trailer, backhoe and/or vacuum truck, welding rig, temporary shoring and/or mats, wire trailer, and/or wire reels, rope, rig, roll pipe, steel encasements, wire,pull boxes and pulling rope and other equipment or appurtenances useful or desired in connection with ENTERGY's construction or maintenance activities in support of a utility project located at or near the Premises(the"Project")for a term commencing on the start date of construction,upon written notice from Entergy to Owner of such commencement and continuing for one hundred eighty (180) days(the"Term"), subject to extension by mutual written agreement by OWNER and ENTERGY. 3. Consent To Use. OWNER consents to said use by ENTERGY and its agents, representatives, employees, contractors and subcontractors subject to the following conditions, which constitute the consideration for this grant along with other good consideration, the receipt of which is hereby acknowledged. A. ENTERGY shall not allow any mechanic's or materialmen's liens to be filed against the Premises and promptly shall discharge by bond,payment or otherwise any such liens that arise as a result of ENTERGY'S use of the Premises pursuant to this Agreement. B. In its use of common drives and passageways on the Premises, ENTERGY shall not block access by others to the Premises. C. ENTERGY accepts the Premises in"AS IS"condition and acknowledges that OWNER makes no warranty as to the condition of the Premises or its suitability for ENTERGY'S proposed use, provided that OWNER warrants and represents to ENTRGY that it has title to the Premises, and has secured all rights and approvals necessary to allow ENTERGY to use the Premises during the Term without interference or additional consent. 4. Rent.ENTERGY agrees to pay to OWNER a one-time access and use fee of Five Hundred and No/100 Dollars($500.00). Form Effective 2-26-25 6. Maintenance. ENTERGY shall have the right to perform tree trimming and other vegetation management and maintenance activities on the Premises during the term of this Agreement. 7. Damages. ENTERGY will use its best efforts to avoid damage to OWNER'S facilities on the Premises, and will reimburse OWNER for any such damage caused by ENTERGY'S use of the Premises or the exercise of ENTERGY'S rights hereunder. ENTERGY shall commit no act of waste and shall make all repairs to the Premises necessitated by the negligence or misconduct of its agents, employees and contractors. 8. Assignment. Except to an affiliate and for the same purposes, ENTERGY may not assign its rights under this Agreement without the prior written consent of OWNER. 9. Costs and Expenses. ENTERGY agrees to be responsible for and pay any costs incurred by OWNER, including reasonable attorney's fees, in enforcing the provisions of this Agreement. 10. Notices. A. All notices, requests, consents and other communications hereunder shall be in writing and shall be dispatched by nationwide overnight courier service, such as (without limitation) Federal Express,or by United States Certified Mail,Return Receipt Requested,postage prepaid,addressed to the parties as follows: OWNER: City of Port Arthur,Texas Attn: Ron Burton, CPM,City Manager Telephone: (409)983-8101 Email: ron.burton@portarthurtx.gov ENTERGY: Attn: Telephone: Email: B. Notices under this Agreement shall be deemed given upon the earlier of the date of delivery or the date upon which delivery is refused. C. Any changes in the names or addresses set out in subsection A. above shall be through notice in conformity with the requirements of this Section. 11. Termination. This Agreement shall terminate on the last day of the Term unless extended in writing by OWNER and ENTERGY. However, the obligations in Section 13 arising during the term of this Agreement shall survive the termination of this Agreement. 12. Insurance. ENTERGY,at its own expense,shall maintain throughout the term of this Agreement,and any extension thereof, minimum insurance coverages in the forms and amounts and subject to the conditions set forth below: 2 (A) General/Excess Liability Insurance including Contractual Liability Coverage with limits of not less than $5,000,000 per occurrence for bodily injury and property damage. OWNER shall be included as an additional insured with respect to ENTERGY'S liability arising under this Agreement. (B) Workers' Compensation Insurance in accordance with all applicable state laws, including Employer's Liability Insurance in the minimum amount of$1,000,000 per accident, and which provides for a waiver of subrogation in favor of OWNER. (C) Automobile/Excess Liability Insurance including all owned, hired and non-owned vehicles (including trucks, trailers and other equipment licensed for highway use) with a limit of not less than $1,000,000 per occurrence for bodily injury and property damage. (D) Certificates of Insurance. Upon request, ENTERGY shall furnish OWNER with certificates of insurance evidencing that the coverages required above are in force that the City of Port Arthur is named as an additional insured. (E) Corporate Self-Insurance. ENTERGY may provide the insurance required herein through its regularly maintained corporate insurance programs, including any combination of primary & excess policies and any applicable deductibles or self-insured retentions. 13. Indemnity. ENTERGY shall indemnify and hold harmless OWNER and its directors, officers, stockholders, employees and agents from all claims, liabilities, fines, penalties, losses, damages and expenses,including reasonable attorneys' fees and court costs,arising out of or in conjunction with any claim or suit for injury to or death of any person or damage to any property to the extent caused by the negligence or misconduct of ENTERGY, its agents, representatives, employees, contractors or subcontractors. 14. Compliance with Laws. ENTERGY shall comply with all laws,ordinances,and regulations in so far as they pertain to the manner in which ENTERGY uses the Premises. ENTERGY shall not use the Premises for the treatment or disposal of toxic or hazardous waste or substances. ENTERGY shall indemnify and hold OWNER harmless against all loss, liability, costs or expense(including fines and penalties, reasonable attorneys' fees and court costs), or any claims therefore to the extent resulting from nonperformance or violation of any agreement,representation or warranty in this Section. 15. Applicable Law. This Agreement will be governed by the laws of the state in which the Premises is located. THUS DONE AND EXECUTED by the following duly authorized representatives of the parties: OWNER: CITY OF PORT ARTHUR ENTERGY By: By: Name: Name: Title: Title: Date: Date: 3 • EXHIBIT A The "Premises" 4 r � " 4 -4411 0 t O - , O t -44 r, o i ,. , . , 1, ...,- i ii ,lti- -,-. 4.-11'- * ,941 ,. . :i cn IF 1. cr.) .i, / t - 4- - 4-•'' .,,..-"i7 t 174t...: --- 144, � 6 ; 1- I e b � 'T+ AP �^s, ,,,,...4i Y i� �``a� � cri .;_ `4 N : d M s —o f@ f I 9 U! !V 0 N ;== �F rt '' 4 1tt = n g a N 0 E !I z Z 1 Q 9 2204 TIMBERLOCH,STE.228,THE WOODLANDS,TX 77380 WWW.MSEN6R.COM M&S ENGINEERING ® TXENG FIRM#F-1394 TBPELS FIRM#10169800 LA EF#6198 MS E#27675 AR F#3473 ELECTRICAL I CIVIL I MEP 0 . 057-ACRE TRACT 5025ESBMT. 039 CITY OF PORT ARTHUR OCTOBER 01, 2025 EXHIBIT "A" FIELDNOTE DESCRIPTION PROPOSED 50' X 50' TEMPORARY WORKSPACE BEING A 0 . 057-ACRE (2, 500 SQUARE FEET) TRACT OF LAND SITUATED IN THE T. & NO. R.R. CO. SURVEY, ABSTRACT NO. 315, JEFFERSON COUNTY, TEXAS, AND BEING OUT OF AND A PART OF A REMAINDER OF A CALLED 7 . 55- ACRE TRACT OF LAND AS CONVEYED UNTO THE CITY OF PORT ARTHUR BY A DEED RECORDED IN VOLUME 1542, PAGE 206 OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS (D.R.J.C. , TX. ) , SAID 0 . 057-ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 3/4" IRON PIPE IN CONCRETE FOR THE SOUTHEAST CORNER OF THE SAID RESIDUAL 7 . 55-ACRE TRACT, SAME BEING THE SOUTHWEST CORNER OF A CALLED 3 .444-ACRE TRACT AS CONVEYED UNTO JEFFERSON COUNTY DRAINAGE DISTRICT NO. 7 BY A DEED RECORDED UNDER COUNTY CLERK' S FILE NO. 284826 OF THE OFFICIAL PUBLIC RECORDS OF JEFFERSON COUNTY, TEXAS (O. P.R.J.C. , TX. ) , FROM WHICH A FOUND TXDOT CONCRETE MONUMENT WITH BRASS DISK BEARS NORTH 86° 33 ' 32" EAST, A DISTANCE OF 2023 . 32 FEET; THENCE, SOUTH 86° 33' 32" WEST, ALONG THE SOUTHERN BOUNDARY LINE OF SAID RESIDUAL 7 .55-ACRE TRACT, SAME BEING THE NORTHERN RIGHT- OF-WAY LINE OF F.M. 365 (120' RIGHT-OF-WAY AS RECORDED IN CSJ. NO. 0932-01-02, 0932-01-03, & 0932-01-04) , FOR A DISTANCE OF 44 . 86 FEET TO THE POINT OF BEGINNING (GRID COORDINATES N: 13,913,345.58, E: 3,539,669. 98) OF THE TRACT HEREIN DESCRIBED; THENCE, SOUTH 86° 33' 32" WEST, CONTINUING ALONG THE SOUTHERN BOUNDARY LINE OF SAID RESIDUAL 7 . 55-ACRE TRACT, SAME BEING THE NORTHERN RIGHT-OF-WAY LINE OF SAID F.M. 365, FOR A DISTANCE OF 50 . 00 FEET TO A POINT FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT FROM WHICH A FOUND ALUMINUM DISK BEARS SOUTH 86° 33 ' 32" WEST, A DISTANCE OF 454 . 94 FEET; THENCE, NORTH 03° 26' 28" WEST, DEPARTING FROM THE NORTHERN RIGHT- OF-WAY LINE OF F.M. 365, OVER AND ACROSS THE SAID RESIDUAL 7 . 55- ACRE TRACT, FOR A DISTANCE OF 50 . 00 FEET TO A POINT FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; M&S ENGINEERING ELECTRICAL I CIVIL I MEP THENCE, NORTH 86° 33' 32" EAST, CONTINUING OVER AND ACROSS THE SAID RESIDUAL 7 . 55—ACRE TRACT, WITH A LINE PARALLEL TO AND 50 . 00 FEET NORTH OF THE NORTHERN RIGHT—OF—WAY LINE OF F.M. 365, FOR A DISTANCE OF 50 . 00 FEET TO A POINT FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 03° 26' 28" EAST, CONTINUING OVER AND ACROSS THE SAID RESIDUAL 7 . 55—ACRE TRACT, FOR A DISTANCE OF 50 . 00 FEET BACK TO THE POINT OF BEGINNING AND CONTAINING 0 . 057—ACRE (2, 500 SQUARE FEET) OF LAND, MORE OR LESS. NOTES: 1 . ALL BEARING SHOWN HEREON ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NORTH AMERICAN DATUM OF 1983, 2011 ADJUSTMENT, EPOCH 2010 . 2 . ALL COORDINATES AND DISTANCES ARE GRID VALUES, U.S . SURVEY FEET. 3 . A PARCEL DRAWING OF EVEN DATE WAS PREPARED IN CONJUNCTION WITH THIS LEGAL DESCRIPTION. I/G4l/. 10/01/2025 JEFFREY L. WOODSON DATE REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 6246 PEE OF Jac ��. N 5 T c .yam M&S ENGINEERING 2204 TIMBERLOCH, STE . 228, JEFFREY L.'r^JOODSO(I THE WOODLANDS, TX 77380 6246 TBPELS FIRM #10169800 �.oFESS''cN-O� PHONE: 830-228-5446 �� Page 2 of 2 a w n, . 6. n o 6 6 • 0 ? 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