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HomeMy WebLinkAboutPR 24899: AGREEMENT WITH EDC FOR UTILIZATION OF PROPERTY LOCATED AT 9555 WEST PORT ARTHUR ROAD AS A TEMPORARY DEBRIS MANAGEMENT SITE City of o r t r t{: www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: April 15, 2026 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Timothy W. Duriso, Chief of Police RE: P.R. 24899 — Agreement between the City of Port Arthur and the Port Arthur Economic Development Corporation for utilization of property located at 9555 West Port Arthur Rd. (Site) located off of Jade Avenue as a temporary debris management site. Introduction: The purpose of this agenda item is to seek the City Council's approval for the City Manager to enter into an agreement with the City of Port Arthur Economic Development Corporation (PAEDC) for the utilization of property located on Jade Avenue as a temporary debris management site. Background: In the event of a catastrophic weather incident such as a hurricane, tropical storm, or similar natural disaster, the City of Port Arthur is responsible for coordinating the management and disposal of debris deposited on public lands and right-of-way. Uncontrolled debris accumulation presents significant public health and safety hazards,including threats to human life and damage to public and private property. As stated in the City of Port Arthur's Disaster Management and Recovery Plan,the City,through its Public Works Department, is tasked with coordinating and establishing temporary or permanent debris management sites to support emergency operations. The PAEDC currently owns approximately 23 acres of undeveloped, unoccupied land at 9555 West Port Arthur Road,with access via Jade Avenue. This site has been identified as a suitable location for the temporary staging, stockpiling, and separation of storm debris in the aftermath of a major weather event. To support these emergency operations, the City of Port Arthur has requested permission to utilize this site for temporary debris management activities. The PAEDC has agreed to make the property available for such use, contingent upon terms and conditions mutually agreed upon and set forth in a formal agreement between the parties. "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 Ciry of 1 ort rt{tur, iiii iiii -- www.PortArthurTx.gov Budget Impact: Please refer to the attached agreement for a detailed outline of any associated fiscal impacts or budgetary considerations related to site usage. Recommendation: It is respectfully recommended that the City Council approve the City Manager to enter into an agreement with the Port Arthur Economic Development Corporation for the utilization of property located on Jade Avenue as a temporary debris management site,in accordance with the terms and conditions outlined above and as presented in the accompanying documentation. • "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 P.R. No. 24899 04/15/2026 ph-TNR RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND THE PORT ARTHUR ECONOMIC DEVELOPMENT CORPORATION FOR THE TEMPORARY USE OF CERTAIN PROPERTY LOCATED AT 9555 WEST PORT ARTHUR ROAD (JADE AVENUE BUSINESS PARK) AS A DEBRIS MANAGEMENT SITE IN THE EVENT OF A DECLARED DISASTER WHEREAS,the City of Port Arthur bears responsibility for the protection of public health, safety, and welfare, including the timely removal, staging, and disposal of disaster-generated debris within its jurisdiction; and WHEREAS, large-scale weather events, including hurricanes, tropical storms, and other natural disasters,routinely generate substantial volumes of debris that pose immediate risks to life, property, and the continuity of essential public services; and WHEREAS, debris management sites are used during debris operations to temporarily stage and process disaster-generated debris; and WHEREAS, the City's Disaster Management and Recovery Plan designates the Public Works Department as the coordinating authority for debris management operations, including the identification and utilization of temporary debris management sites; and WHEREAS, the Port Arthur Economic Development Corporation ("PAEDC") owns approximately twenty-three(23) acres of vacant, undeveloped real property located at 9555 West Port Arthur Road, commonly known as the Jade Avenue Business Park(the"Site"); and WHEREAS, the City of Port Arthur Economic Development Corporation has authorized the use of its property, which is physically located at 9555 WPA Rd (Site location), the Jade Avenue Business Park, as a temporary debris management site, as delineated in the attached "A"; and WHEREAS, the Site has been evaluated and determined to be suitable for use as a temporary debris management site for the staging, segregation, and processing of disaster-related debris; and P.R.No. 24899 04/15/2026 jlh-TNR WHEREAS, PAEDC has expressed its willingness to allow the City to utilize the Site for such limited emergency purposes, subject to mutually agreed terms and conditions to be memorialized in a written agreement; and WHEREAS, the City Council finds that authorizing such an agreement serves a valid public purpose and enhances the City's preparedness and response capabilities in the event of a state or federally declared disaster. 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. The City Manager is hereby authorized to negotiate and execute an agreement with the Port Arthur Economic Development Corporation for the temporary use of the property located at 9555 West Port Arthur Road (Jade Avenue Business Park), as more particularly described in Exhibit "A," as a debris management site to be utilized in the event of a state or federally declared disaster affecting the City. Section 3. That a copy of the Resolution be spread upon the minutes of the City Council. READ,ADOPTED AND APPROVED on this day of May, A.D., 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,TRMC City Secretary P.R. No. 24899 04/15/2026 jlh APPROVED AS TO FORM: Roxann Pais Cotroneo City Attorney APPROVED FOR ADMINISTRATION: Ronald Bur n, CPM City Manage .3(7-2•62htiOltiA Timo . Du iso Chi f of Police Exhibit A AGREEMENT FOR A TEMPORARY DEBRIS MANAGEMENT SITE FOR DEBRIS RESULTING FROM DECLARED STATE OR FEDERAL DISASTER This Agreement is made by and between the City of Port Arthur,Texas, a Texas municipal corporation ("CITY") and the Port Arthur Economic Development Corporation, an economic development corporation organized and operating under Chapters 501 and 504, Texas Local Government Code ("PAEDC"). The CITY and PAEDC are collectively referred to hereinafter as the"Parties." A. The CITY is a municipality that may experience potential catastrophic weather events (hurricanes, tropical storms, or the like) that create emergency conditions requiring the CITY to coordinate and facilitate the management of debris deposited on public lands and public right-of-ways. B. Because of the inherent danger posed by uncollected debris, it is in the public interest that the CITY protect against the accumulation of debris and its accompanying hazard to human life and property; and C. The CITY's Disaster Management and Recovery Plan states that the CITY by and through its Public Works Department will coordinate the establishment of temporary and permanent sites to accept debris; and D. PAEDC is an entity that has undeveloped, unoccupied land suitable for temporary debris management operations; and E. PAEDC has approximately 23 acres of property(the"Site")located at Jade Avenue, Port Arthur, Texas which has been identified as a site for temporary use for staging/stock piling debris from a potential Hurricane/Tropical Storm or the like event; and F. The CITY has requested permission to use the Site, described in the attached Exhibit"A", as a temporary staging area for short term debris storage and for debris separation; and G. PAEDC has agreed to make the Site available to the CITY for such purposes subject to the terms and conditions hereinafter set forth. NOW,THEREFORE, for and in consideration of the usage of the Site and other good and valuable consideration,including the mutual benefits accruing to the CITY and PAEDC,the Parties agree as follows: 1. Use of the Site. PAEDC has agreed to provide use of the Site for temporary debris management. The CITY will operate the Site under its control through CITY personnel and/or contractors/subcontractors. If the Site is operated by any contractor/subcontractor,the CITY will advise PAEDC and will ensure that any contractor/subcontractor operating the Site includes both the CITY and PAEDC as additional named insureds under its insurance coverages and provide certificates or policies of insurance prior to initiation of any debris management operations on the Site. The CITY or its contractors/subcontractors, their personnel and vehicles may enter upon the Site to deposit and thereafter manage debris. The CITY or its contractors/subcontractors will separate the debris so it may be moved to permanent storage and/or disposal sites. Debris deposited on the Site will be constantly rotated by the CITY and/or its contractors/subcontractors with additional debris being loaded in and sorted debris being removed. 2. Regulatory Approval. The CITY or its duly authorized contractors/subcontractors or agents hereby affirm and ratify that the CITY is solely responsible for the approval of the Site as a temporary debris management site. The CITY, its contractors/subcontractors or agents shall execute and file with the Texas Commission on Environmental Quality(the"TCEQ")the Request for Approval of Temporary Debris Management Site for Debris Resulting from Declared State or Federal Disaster TCEQ Form 20660(Rev. 05/29/2015)and shall undertake all obligations related thereto to ensure the temporary designation of the Site for temporary debris management. The CITY and/or its contractors/subcontractors or agents agree to complete the TCEQ20660 indicating that the Site is requested for staging/stock piling and is not to be used for emergency burial, emergency bum or wood chipping operations. Further, the CITY, its contractors/subcontractors or agents agree to provide to PAEDC a complete copy of TCEQ-20660 upon filing and to provide all due notifications from TCEQ of approval of the Site if so, granted by TCEQ. 3. Term. This Agreement shall remain in effect from June 1,2026,through November 30, 2026, unless earlier terminated by either party upon thirty (30)days written notice. The CITY's use of the Site as a temporary staging area for debris storage and separation shall extend for that period of time reasonably required by the CITY to respond to the emergency event or major disaster. In the event this Agreement is terminated while debris is on the Site, the CITY will have thirty (30)days to remove the debris. 4. Site Repairs/Remediation. CITY agrees that upon cessation of use of the Site,the CITY will either restore the Site to the same condition as existed before its use thereof or pay PAEDC an agreed upon sum for the restoration. The CITY shall repair any damage to the Site or any other land owned by PAEDC immediately adjacent to the Site caused by any activity of the CITY or its employees, agents and contractors/subcontractors on the Site. THE CITY HAS ACKNOWLEDGED THAT IT DOES NOT INTEND TO PROVIDE THE SITE FOR ANY WASTE OTHER THAN CLASS 1 MUNICIPAL WASTE AND DOES NOT INTEND TO COLLECT, STORE, SORT OR STAGE ANY HAZARDOUS WASTE OR DEBRIS ON THE SITE. IF ANY HAZARDOUS WASTE OR DEBRIS IS PLACED UPON THE SITE, THE CITY AGREES TO INDEMNIFY AND HOLD PAEDC HARMLESS FROM ANY CLAIM Page 2 OR CAUSE OF ACTION INCLUDING BUT NOT LIMITED TO SITE REMEDIATION AS A RESULT OF ANY DISCHARGE OF HAZARDOUS MATERIALS IN, ON,ALONG OR UNDER THE SITE,AND FURTHER AGREES TO UNDERTAKE ANY AND ALL REQUIRED ENVIRONMENTAL SITE ASSESSMENTS OR REMEDIATION RESULTING FROM SUCH DISCHARGE PLACEMENT OF HAZARDOUS MATERIAL ON THE SITE. TO THE EXTENT AUTHORIZED BY LAW. 5. INDEMNIFICATION. PAEDC SHALL NOTIFY THE CITY OF ANY KNOWN HARMS OR HAZARDS ON THE SITE PRIOR TO CITY USAGE OF THE SITE. AFTER SUCH NOTIFICATION,THE CITY AGREES TO INDEMNIFY PAEDC FROM CLAIMS, SUITS, LOSSES, DAMAGES AND LIABILITY OF EVERY KIND SUFFERED BY CITY EMPLOYEES OR THE EMPLOYEES OF ITS AGENTS OR CONTRACTORS/SUBCONTRACTORS, RESULTING FROM THE USE OF THE SITE, WHICH OCCURRED DUE TO NEGLIGENCE OF THE CITY OR ANY OF ITS EMPLOYEES, CONTRACTORS/SUBCONTRACTORS, OR AGENTS. TO THE EXTENT AUTHORIZED BY LAW. 6. Notices. All notices shall be in writing and shall be delivered to the following addresses or at such different addresses as shall be directed by the Parties in writing from time-to time. CITY: City of Port Arthur,Texas Attn: Ron Burton, CPM 444 4th Street Port Arthur,Texas 77640 PAEDC: PAEDC Attn: PAEDC Interim Chief Executive Officer 501 Procter Street, Suite 100 Port Arthur, Texas 77640 7. Assignment. The CITY shall not assign this Agreement without the prior written consent from PAEDC. 8. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof. All prior agreements, representations and negotiations between the Parties regarding the subject matter are hereby superseded. The Agreement shall not be altered or amended except by an agreement in writing executed by both Parties. 9. Governing Law. This Agreement shall be governed by, interpreted and enforced in accordance with the laws of the State of Texas. 10. Signatory Warranty. The undersigned signatories for the CITY and PAEDC hereby represent and warrant that they are authorized to sign the organization for which he or she has executed this Agreement. 11. Severability. If a court of competent jurisdiction determines that any term of this Agreement is invalid or unenforceable the remainder of the Agreement shall not be affected, and each remaining term shall be valid and enforceable to the fullest extent permitted by law. Page 3 EXECUTED AND MADE EFFECTIVE ON THE DATE LAST SIGNED BELOW. 1 City of Port Arthur,Texas Port Arthur Economic Development Corporation By: By: Its: Its: Dated: Dated: APPROVED AS TO FORM: APPROVED AS TO FORM: Roxann Pais Cotroneo,City Attorney PAEDC Attorney Page 4