No preview available
HomeMy WebLinkAboutPR13056:PLEASURE ISLET ROADCITY OF PORT ARTHUR PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Steve Fitzgibbons, City Manager FROM: John A. Comeaux, P.E., Director of Public Works SUBJECT: P.R. #13056 DATE: February 28, 2005 RECOMMENDATION: It is recommended that the City Council approve Proposed Resolution No. 13056, authorizing the Mayor 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. BACKGROUND: The Department of the Army has forwarded a license renewal to the City of Port Arthur for the use and maintenance of Pleasure Islet Road on Government property. The City of Port Arthur has held a License with the Department of the Army for the road since 1959. The current license will expire on April 1, 2005. A portion of Pleasure Islet road is built on an earthen plug in the abandoned section of the old Sabine-Neches Canal, said plug being U.S. Government property. Since the Pleasure Islet Road is the only roadway access to Pleasure Islet it is in the best interest of the City to maintain the License. This license renewal is for a term of five (5) years, beginning April 1, 2005 and ending March 31, 2010. BUDGETARY/FISCAL EFFECT: None. EMPLOYEE/STAFF EFFECT: None. SUMMARY: It is recommended Chat the City Council approve Proposed Resolution No. 13056, authorizing the Mavor of the City of Port Arthur to execute a License Renewal with the Department of the Pumy for the use and maintenance of Pleasure Islet Road on U.S. Government property. · Comeaux, P.E. Director of Public Works JAC/psb c: \word \camusarmy P,E. No. 130S6 2/28/0~ psb RESOLUTION NO. A RESOLUT1~ON AUTHOR~'Zl~NG THE HAYOR OF THE CITY OF PORT ARTHUR TO EXECUTE A L~CENSE RENEWAL WITH THE DEPARTMENT OF THE ARMY FOR THE USE AND f4A1~NTENANCE OF PLEASURE I'SLET ROAD ON U.S. GOVERNr4ENT PROPERTY. WHEREAS, a portion of Pleasure Islet road is built on an earthen plug in the abandoned section of the old Sabine-Neches Canal, said plug being u.s. Govemment 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 with the Department of the Army for 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 !q- RESOLVED BY THE C[]-Y COUNCIL OF THE CI"]'Y OF PORT ARTHUR" THAT the Mayor of the City' of Port Arthur be and he 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 Hinutes of the City Council. READ, ADOPTED, AND APPROVED this day of A.D., 2005 at a Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: MAYOR: P. R. No. 13056 Page No. 2 Councilmembers NOES:. Attest: Mayor City Secretary APPROVED AS TO FORM: City Attorney APPROVED FOR ADMINJSTRAT]ON: Steve Fitzgibbons. City Manager .lohn A. Comeaux, P.E Director of Public Works File c:\worcl~arm¥ resolution 2005 NO. DACW64-3-05-32 DEPARTMENT OF THE ARMY LICENSE SABINE-NECHES WATERWAY PROJECT SABINE-NECHES CANAL JEFFERSON COUNTY, TEXAS THE SECRETARI OF THE AP~Y, hereinafter referred 5o as the Secre5ary, under authority of Title 10, United States Code, Section 2668, hereby grants to THE CITY OF PORT ARTHUR, TEXAS, 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, 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. This license is granted for a term of FIVE 01 April 2005 and ending 31 March 2010, but the Secretary. (5) YEARS, beginning revocable at will by 2. CONSIDERATION The consideration for this license shall be the operation and maintenance of the premises (a roadway) for the benefit of the general public in accordance with the terms and conditions hereinafter set forth. 3. NOTICES Ail notices and correspondence to be given pursuant to this license shall be addressed, if to the Grantee, to the City of Port Arthur, ATTN: Director of Public Works, P.O. Box 1089, Port Arthur, Texas 77641-1089; and if to the United States, to the District Engineer, Attention: Chief, Real Estate Division (RE-A), P.O. Box 1229, Galveston, Texas 77553-1229; 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-, "Distric5 Engineer", or "said officer" shall include their duly authorized representatives. Any reference to "Grantee" shall include any duly authorized representatives. 5. SUPERVISION BY THE DISTRICT ENGINEER The use and occupation of the premises shall be subject to the general supervision and approval of the District Engineer, 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. kPPLICABLE LAWS AND REGULATIONS The Grantee shall county and municipal premises are located. comply with all applicable Federal, state, laws, ordinances and regulations wherein the 7. CONDITIONAL USE BY GRAI~TEE 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, or maintain the premises. use c. subject to other outgrants of the United States on the premises. d. personal to the Grantee, and this license, therein, may not be transferred or assigned. 8. CONDITION OF PREMISES or any interest 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. PROTECTION OF PROPERTY The premises shall at all times be protected and maintained in good order and condition by and at the expense of the Grantee. The 2 Grantee shall be responsible for any damage that may be caused to the 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 officer, reimbursement made therefor by the Grantee in an amount necessary to restore or replace the property to a condition satisfactory to said officer. 10. RESTORATION On or before the expiration date 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 District Engineer 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. 11. NON-DISCRIMINATION a. The Grantee shall persons because of race, origin or religion. not discriminate against any person or color, age, sex, handicap, national b. The Grantee, by acceptance of this license, is receiving a type of Federal assistance and, therefore, hereby gives assurance that it will comply with the provisions of Title VI of the Civil Rights Act of 1964 as amended (42 U.S.C. S 2000d); the Age Discrimination Act of 1975 (42 U.S.C. S 6102); the Rehabilitation Act of 1973, as amended (29 U.S.C. S 794); and all requirements imposed by or pursuant to the Department of Defense Directives 5500.11 and 1020.1, and Army Regulation 600-7. This assurance shall be binding on the Grantee, its agents, successors, transferees, and assignees. 12. TE~fINAT ION This license may be terminated by the grantee at any time by giving the District Engineer at least ten (10) days notice in writing. 13. 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 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 off£cer before any pesticides or herbicides are applied to the premises. 14. HISTORIC PRESERVATION The Grantee shall not remove or disturb, or cause or permit to be removed or disturbed, 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. 15. DISCLAlq4ER 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 ~f 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). 16. SITE SPECIFICS a. The United States shall in no case be liable for any damages ~o 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 compensaslon 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 ~lme ~o time consider necessary, and also reserves [o itself rights-of-way for all purposes across, over, and/or under the rights-of-way hereby granted; provided, however, that such rights shall be used in a manner tha5 will not crea~e unnecessary interference with the use and enjoymen~ by the Gransee of said right-of-way for road or ssree~ purposes. c. This license supersedes License No. DACW64-3-00-41. THIS LICm~SE 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 , 2005. RICHARD W. HARRISON Chief, Real Estate Division U.S. Army Corps of Engineers Galveston District GalvesEon, Texas THIS LICENSE is also executed by the Grantee this day of , 2005. THE CITY OF PORT ARTHUR, TEXAS By: OSCAR G. ORTIZ MAYOR ./ J EXHIBIT A .... MID--.9OUT-H ,./£Fr.ER~o/v'COUlVTy