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HomeMy WebLinkAboutPR 24791: RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER AN AGREEMENT BETWEEN PORT ARTHUR AND PORT NECHES FOR DEBRIS DISPOSAL AT THE PA LANDFILL P.R. NO. 24791 02/06/2026 gt RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND THE CITY OF PORT NECHES FOR THE DISPOSAL OF DEBRIS AT THE CITY OF PORT ARTHUR LANDFILL WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes local governments to contract with each other to perform governmental functions and services under the terms thereof; and WHEREAS, the City of Port Arthur owns and operates a municipal landfill facility located within its jurisdictional boundaries; and WHEREAS,the City Port Neches is currently engaged in a project that requires the removal and disposal of approximately 50,000 cubic yards of debris; and WHEREAS, the City of Port Arthur desires to assist the City of Port Neches by providing access to its landfill facility for the disposal of said debris at a rate of$5 per cubic yard; and WHEREAS, upon full review and consideration of the Agreement and all matters attendant and related thereto, the City Council is of the opinion and finds that the terms and conditions thereof are acceptable. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Manager is hereby authorized to execute an Interlocal Cooperation Agreement with the City of Port Neches to provide the City of Port Neches s.pr24791 access to its landfill facility for the disposal of approximately 50,000 cubic yards of debris at a rate of $5 per cubic yard; said Interlocal Cooperation Agreement lasting the earlier of twelve months or until the completion of the removal of the 50,000 cubic yards, or unless terminated by either party, in substantially the same form as attached hereto as Exhibit „A„ Section 3. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Port Arthur, and it is accordingly resolved. Section 4. That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED, this day of February, 2026 AD, 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 s.pr24791 APPROVED AS RM: Roxann Pais Cotroneo, City Attorney APPROVED FO MINISTRATION: Ronald Burton, ' , A'--onager Suhail Kanwar, Director of Public Services s.pr24791 EXHIBIT "A" s.pr24791 INTERLOCAL AGREEMENT FOR LANDFILL USAGE Pursuant to the Texas Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, the City of Port Arthur, a home-rule municipality, ("Port Arthur") and the City of Port Neches, a home-rule municipality, ("Port Neches"), both being local governmental entities organized under the laws of the State of Texas (collectively referred to as the "Parties"), enter into this Interlocal Agreement ("Agreement"). RECITALS WHEREAS, Port Arthur owns and operates a municipal landfill facility located within its jurisdictional boundaries; and WHEREAS, Port Neches is currently engaged in a project that requires the removal and disposal of approximately 50,000 cubic yards of debris; and WHEREAS, Chapter 791 of the Texas Government Code provides authorization for local governments to contract with each other for the performance of governmental functions and services; and WHEREAS, Port Arthur desires to assist Port Neches by providing access to its landfill facility for the disposal of said debris at rate of$5 per cubic yard; and WHEREAS, the governing bodies of both Port Arthur and Port Neches have authorized their respective representatives to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: ARTICLE I. DEFINITIONS For purposes of this Agreement, the following terms shall have the meanings set forth below: 1. Project: The specific undertaking by Port Neches that requires the removal and disposal of approximately 50,000 cubic yards of Project Debris from a property located at 1600 Main Street, Port Neches, Texas 77651. 2. Project Debris: The projected debris consists of mostly construction debris, such as wood, asphalt, lumber, steel, drywall, roofing materials, general trash and similar materials. The projected debris also consists of concrete, wood, and mulch. 3. Effective Date: The date on which this Agreement is fully executed by both Parties. 4. Landfill: The municipal solid waste disposal facility owned and operated by Port Arthur. 5. Rate: The fee to be charged by Port Arthur to Port Neches for disposal of Project Debris at the Landfill, as specified in Article III of this Agreement. Page 1 of 7 ARTICLE II. PURPOSE AND SCOPE 1. Purpose: The purpose of this Agreement is to establish the terms and conditions under which Port Neches may utilize Port Arthur's Landfill for the disposal of Project Debris generated from the Project. 2. Scope: This Agreement is limited to: a. The disposal of Project Debris generated solely from the Project; b. A maximum volume of 50,000 cubic yards of Project Debris; and c. The time period specified in Article IV of this Agreement. 3. Authorization: Port Arthur hereby authorizes Port Neches to utilize the Landfill for the disposal of Project Debris in accordance with the terms and conditions of this Agreement. ARTICLE III. FINANCIAL ARRANGEMENTS 1. Disposal Fee: Port Neches shall pay Port Arthur a Rate of $5 per cubic yard of Project Debris disposed at the Landfill. 2. Measurement and Verification: The volume of Project Debris shall be measured and verified by Port Arthur's Landfill personnel at the time of disposal using standard industry practices. 3. Invoicing and Payment: a. Port Arthur shall invoice Port Neches on a monthly basis for the actual volume of Project Debris disposed of at the Landfill during the preceding month. b. Port Neches shall remit payment to Port Arthur within thirty (30) days of receipt of each invoice. c. Payments shall be made payable to the City of Port Arthur and delivered to: City of Port Arthur Attn: Finance Department 444 4th Street Port Arthur, TX 77640 4. Maximum Financial Obligation: The total financial obligation of Port Neches under this Agreement, except by agreement of the Parties, shall not exceed the Rate multiplied by 50,000 cubic yards ($250,000.00), regardless of the actual volume of Project Debris disposed of at the Landfill. Any volume over 50,000 cubic yards disposed of and accepted must be approved by the Parties at either the same Rate, or an adjusted negotiated rate. Page 2 of 7 ARTICLE IV. TERM AND TERMINATION 1. Term: This Agreement shall commence on the Effective Date and shall remain in effect until the earlier of: a. The completion of the Project; b. The disposal of 50,000 cubic yards of Project Debris at the Landfill; or c. Twelve months from the Effective Date. 2. Extension: The term of this Agreement may be extended by mutual written agreement of the Parties. 3. Termination: a. Termination for Convenience: Either Party may terminate this Agreement for convenience upon thirty (30) days' written notice to the other Party. b. Effect of Termination: Upon termination of this Agreement, Port Neches shall immediately cease disposal of Project Debris at the Landfill and shall pay Port Arthur for all Project Debris disposed of at the Landfill prior to the effective date of termination. ARTICLE V. OPERATIONAL REQUIREMENTS 1. Hours of Operation: Port Neches may dispose of Project Debris at the Landfill during the Landfill's normal operating hours. 2. Compliance with Laws and Regulations: a. Port Neches shall comply with all applicable federal, state, and local laws, regulations, and ordinances related to the transportation and disposal of Project Debris. b. Port Neches shall comply with all rules, regulations, and policies established by Port Arthur for the operation of the Landfill. c. Port Neches shall ensure that all Project Debris disposed of at the Landfill meets the definition of acceptable waste under applicable laws and regulations and does not include hazardous waste, liquid waste, or other prohibited materials. 3. Transportation and Delivery: a. Port Neches shall be solely responsible for the transportation of Project Debris to the Landfill. Page 3of7 b. Port Neches shall ensure that all vehicles transporting Project Debris to the Landfill are properly licensed, insured, and operated in compliance with all applicable laws and regulations. c. Port Neches shall ensure that all Project Debris is properly secured during transportation to prevent spillage or littering. 4. Documentation: Port Neches shall provide Port Arthur with all documentation reasonably requested by Port Arthur to verify the source, nature, and volume of Project Debris disposed of at the Landfill. ARTICLE VI. REPRESENTATIONS AND WARRANTIES 1. Port Arthur's Representations and Warranties: Port Arthur represents and warrants that: a. It is duly organized and validly existing under the laws of the State of Texas and has the legal authority to enter into this Agreement. b. It owns and operates the Landfill and has the legal authority to authorize Port Neches to utilize the Landfill for the disposal of Project Debris. c. The Landfill is permitted and operated in compliance with all applicable federal, state, and local laws, regulations, and ordinances. d. The execution, delivery, and performance of this Agreement have been duly authorized by all necessary action on the part of Port Arthur. 2. Port Neches's Representations and Warranties: Port Neches represents and warrants that: a. It is duly organized and validly existing under the laws of the State of Texas and has the legal authority to enter into this Agreement. b. It has the legal authority to undertake the Project and to dispose of Project Debris at the Landfill. c. All Project Debris disposed of at the Landfill will be generated solely from the Project and will not include hazardous waste, liquid waste, or other prohibited materials. d. The execution, delivery, and performance of this Agreement have been duly authorized by all necessary action on the part of Port Neches. ARTICLE VII. HOLD HARMLESS 1. No Joint Venture: Port Arthur and Port Neches agree and acknowledge that this Agreement does not create a joint venture, partnership, or joint enterprise, and that each Page 4 of 7 1 party is not an agent of the other. Port Arthur and Port Neches each agree to be responsible for their own respective negligent acts or omissions in the course of performance of this Agreement, without waving any sovereign or governmental immunity available to each party under Texas law and without waiving any other defenses of either party under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any person or entity. 2. Governmental Immunity: Nothing in this Agreement shall be construed as a waiver of either Party's governmental immunity under the laws of the State of Texas. ARTICLE VIII. GENERAL PROVISIONS 1. Notices: Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by email, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address listed below or to such other address as either Party may from time to time designate in writing: To Port Arthur: To Port Neches: City of Port Arthur City of Port Neches Attn: [Name and Title] Attn: Andre' Wimer [Address] PO Box 758 Port Arthur, Texas [ZIP] Port Neches, TX 77651 Email: [Email Address] Email: AWimer@ci.port-neches.tx.us Notices shall be deemed delivered on the date of hand delivery, one day after deposit with an overnight courier, upon receipt of confirmation of email delivery, or three days after deposit in the U.S. mail. 2. Assignment: Neither Party may assign or otherwise transfer this Agreement, in whole or in part, without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned, or delayed. 3. Severability: In the event that any term of this Agreement is deemed to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such term shall be deemed severed from this Agreement, and the remaining terms shall continue in full force and effect. 4. No Third-Party Beneficiaries: This Agreement is for the sole benefit of the Parties hereto and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. 5. Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the Page 5 of 7 same instrument. Electronic or facsimile signatures shall be deemed original signatures for all purposes. 6. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule. Venue for any action arising out of or related to this Agreement shall be in the appropriate state court in Jefferson County, Texas. 7. Entire Agreement; Modification: This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, relating to such subject matter. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each Party hereto. 8. Amendment: The terms, conditions, covenants, and other provisions of this Agreement may only be altered, modified, or amended by a written instrument duly executed by both Parties. 9. Force Majeure: Neither Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the affected Party's reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities, terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials. 10. No Waiver: No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party so waiving. No waiver by any Party shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right,remedy, power, or privilege. 11. Authority to Execute: Each Party represents and warrants that it has the full right, power, and authority to enter into and perform this Agreement, and that the person signing this Agreement on behalf of each Party has the full right, power, and authority to sign on behalf of such Party. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date. Page 6 of 7 I CITY OF PORT ARTHUR By: Name: Title: Date: CITY OF PORT NECHES By: Name: Title: Date: Page 7 of 7 CITY OF PORT ARTHUR By: Name: Ronald Burton Title: City Manager Date: CITY OF PORT NECHES By: Name: Title: Date: Page 7 of 7