HomeMy WebLinkAboutPR 18207: ARMY LICENSE AND THE SABINE NECHES WATERWAY PROJECT, SABINE NECHES CANAL MEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: John A. Comeaux, P.E., Acting City Manager
FROM: John Tomplait, Assistant Director of Utility Operations
DATE: March 17, 2014
SUBJECT: Proposed Resolution No. 18207
RECOMMENDATION
I recommend the approval of Proposed Resolution No. 18207 authorizing the execution of renewal
license agreement No. DACW64 -3 -14 -0026 pertaining to the Department of the Army License and
the Sabine - Neches Waterway Project, Sabine - Neches Canal 6" Force Main crossing.
BACKGROUND
In 2009, the City entered into a License Agreement (Resolution 09 -328) with the Department of Army
(US Corps of Engineers) for a 1,547.75 foot 6" Force Main crossing under the Sabine - Neches
Intracoastal Waterway related to the Pleasure Island Diversion Force Main to our Main WWTP
collection system on Lakeshore Drive. The project was completed in September 2011 and this license
renewal is the standard form of the Corp and that they normally enter into successive five year
licenses. Currently our permit will be expiring on July 5, 2014.
BUDGET/FISCAL EFFECT
None
STAFF/EMPLOYEE EFFECT
City staff will follow up and prepare the permit renewal every five years.
SUMMARY
I recommend the approval of Proposed Resolution No. 18207.
P. R. No. 18207
03/17/14cs
RESOLUTION NO.
A RESOLUTION PERTAINING TO THE DEPARTMENT
OF THE ARMY LICENSE AND THE SABINE NECHES
WATERWAY PROJECT, SABINE NECHES CANAL.
WHEREAS, per Resolution 09 -328 the City of Port Arthur entered into a license
agreement with the Department of Army, No. DACW64- 3 -09 -43 and;
WHEREAS, the Secretary of the Army is hereby granting the City of Port Arthur a
license renewal No. DACW64 -3 -14 -0026 for the construction, operation, and maintenance of the
6 -inch diameter, HDPE 1547.75 foot sanitary sewer force main, over, across, in and upon lands
of the United States (Tract No. 8), crossing at Station 18 +32.00 as a directional drill utilizing
HPDE pipe.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
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, an agreement between the City of Port Arthur and
the Department Of The Army, for a license renewal in substantially the same form as attached
hereto as Exhibit "A ", as it pertains to the Sabine- Neches Waterway Project, Sabine - Neches
Canal.
THAT, a copy of the caption of this resolution be spread upon the minutes of the City
Council.
P. R. No. 18207
03/17/14cs
Page 2 of 3
READ, ADOPTED AND APPROVED on this day of , A.D.,
2014, at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES:
Mayor
Councilmembers
NOES:
Deloris Prince
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROV D AS TO FORM:
Valecia izen'
City Attorney •
APPROVED FOR ADMINISTRATION:
John A. Comeaux, P.E.
Actin._ City Manater
o A. Tomp
Ass' tant Director of Utility Operations
EXHIBIT "A"
(3 copies each to be signed)
DACW64 -3 -14 -0026
REPLACES DACW64 -3 -09-43
DEPARTMENT OF THE ARMY
LICENSE
SABINE - NECHES WATERWAY PROJECT
SABINE - NECHES CANAL
JEFFERSON COUNTY, TEXAS
THE SECRETARY OF THE ARMY, hereinafter referred to as the Secretary,
under authority of Title 10, United States Code, Section 2668, hereby grants to The City
of Port Arthur, Texas, 444 Fourth Street, Port Arthur, Texas 77642, hereinafter
referred to as the Grantee, a license for use an existing 6 -inch diameter, 1,547.75 -
foot sanitary sewer force main, Jefferson County, Texas, over, across, in and upon
lands of the UNITED STATES, identified as Tract No. 8, crossing at Station 195 -76 as
a directional drill utilizing HDPE pipe, substantially as delineated on Exhibit "A ",
attached hereto and made a part hereof, hereafter referred to as premises.
THIS LICENSE is granted subject to the following conditions.
1. TERM
This license is granted for a term of five (5) years, beginning 16 July 2014 and
ending 15 July 2019, but revocable at will by the Secretary.
2. CONSIDERATION
The consideration for this license shall be the construction, operation and
maintenance of the premises for the benefit of the general public in accordance with the
terms and conditions hereinafter set forth.
3. NOTICES
All notices and correspondence to be given pursuant to this license shall be
addressed, if to the grantee, to the address first stated above; and if to the United
States, to the Real Estate Contracting Officer, US Army Engineer District
Galveston, ATTN: Real Estate Division, P.O. Box 1229, Galveston, Texas 77553; 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.
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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 DISTRICT ENGINEER
The use and occupation of the premises shall be subject to the general supervision
and approval of the Real Estate Contracting Officer, in lieu of District Engineer, District
Galveston, 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 out grants of the United States on the premises; or
d. personal to the grantee, and this license, or any interest therein, may not be
transferred or assigned.
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
9. COST OF UTILITIES
Not Applicable
- 2 -
10. PROTECTION OF PROPERTY
The grantee shall keep the roadway 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. 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 therefore 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 - DISCRIMATION
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.
- 3 -
14. TERMINATION
This license may be terminated by the grantee at any time by giving the Real Estate
Contracting Officer at least ten (30) days notice in writing to the fore - mentioned
address.
15. 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 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
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.
17. DISLAIMER
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 require 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
- 4 -
March 1899 (33 USC 403), and Section 404 of the Clean Waters Act (33 USC 1344).
18.ADDED CONDITIONS
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 Army, this day of , 2014.
Hyla J. Head
Real Estate Contracting Officer
Chief, Real Estate Division
THIS LICENSE is also executed by the grantee this day of
, 2014.
The City of Port Arthur
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