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Home My WebLink About(1) PR 11637: OUR LADY CHURCHPUBLIC WORKS DEPARTMENT COUNCIL ACTION MEMO TO: FROM: SUBJECT: DATE: Steve Fi~gibbons, City Manager Leslie E. McMahen, P.E., Directorof Public Wo~s P.R.#11637(Amended) Janua~23,2002 RECOMMENDATION: I recommend that the City Council approve Proposed Resolution No. 11637 that would authorize the Mayor of the City of Port Arthur to execute a License-To-Use Agreement between the City and Our Lady of Guadalupe Catholic Church pertaining to a portion of the dedicated right-of-way of Staff Sgt. Lucien Adams Drive adjacent to the church at 3648 Adams Drive. BACKGROUND: The church, through its pastor, Rev. T.R. Blanco, has requested the temporary use of a portion of the right-of-way of Staff Sgt. Lucien Adams Drive adjacent to the church for the purpose of expanding their parking capabilities. The requested tract is 620' long by 40' wide, more or less. The church will pay a one-time License fee of $1,240 (24,800 square feet at $0.05/squarefoot). - The church will be responsible for all costs of constructing the parking facility and purchasing culverts to enclose the roadside ditch. Per standard policy, the City will install the culverts. Since this item was first presented at the February 5, 2002 City Council meeting, Sections 2, 5, 9 and 10 have been amended and a new Item 11 has been added to the License. The changes help to better define the intent of the License and its terms. BUDGETARY/FISCAL EFFECT: License fee will be placed in the FY2002 General Fund as revenue. EMPLOYEE/STAFF EFFECT: None. SUMMARY: I recommend that the City Council approve Proposed Resolution No. 11637 that would authorize the Mayor of the City of Port Arthur to execute a License-To-Use Agreement between the City and Our Lady of Guadalupe Catholic Church pertaining to a portion of the dedicated right-of-way of Staff Sgt. Lucien Adams Drive adjacent to the church at 3648 Adams Drive. Leslie E. McMahen, P.E. Director of Public Works file c:\word~cams~oudadyguadalupechurch P.R. No. 1 t 637 02/14/02 AMENDEDIvk! RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF PORT ARTHUR TO EXECUTE A LICENSE-TO- USE AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND OUR LADY OF GUADALUPE CATHOLIC CHURCH PERTAINING TO A PORTION OF THE DEDICATED RIGHT-OF-WAY OF STAFF SGT. LUClEN ADAMS DRIVE ADJACENT TO THE CHURCH AT 3648 ADAMS DRIVE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the License-To-Use Agreement with Our Lady of Guadalupe Church for the purpose of the temporary use of a portion of the right-of-way of Staff Sgt. Lucien Adams Drive adjacent to the church to expand their parking capabilities, a copy of the License-To-Use Agreement thereof attached herewith and made a part hereof as Exhibit "A" is hereby approved; and THAT the License-To-Use Agreement will not be valid until signed by Rev. T.R. Blanco, pastor of Our Lady of Guadalupe Church and the License fee of $1,240 is paid to the City; and, THAT the Mayor of the City of Port Arthur is hereby authorized and directed to execute on behalf of the City said License-To-Use Agreement with Our Lady of Guadalupe Church; and, THAT a copy of the caption of this resolution be spread upon the minutes of the City Council. P.R. No. 1163,7 Page #2 I)2/14/1)2 AMENDED READ, ADOPTED AND APPROVED THIS day of , A.D., 2002 at a Meeting of the City Council of the City of Pod Arthur, Texas by the following vote: AYES: MAYOR: Councilmembers: NOES: Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attomey~ ~'--'-~ APPROVED FOR ADMINISTRATION: Stephen Fitzgibbons City Manager Leslie E. McMahen, P.E. Director of Public Works file: c:~ourladyguadalu pechurch P.R. No. 11637 Extllblt 'A' 02/14/02 AMFND£D LICENSE-TO-USE AGREEMENT STATE OF TEXAS JEFFERSON COUNTY KNOW ALL MEN BY THESE PRESENT: This Agreement made this __. day of , 2002, by and between the City of Port Arthur ("the City"), a municipal corporation existing under the laws of the State of Texas, and Our Lady of Guadalupe Catholic Church. RECITALS WHEREAS, for and in consideration of the sum of One-Thousand, Two Hundred Forty and no/100 ($1,240) Dollars to it in hand paid by Our Lady of Guadalupe Catholic Church ("the Church'), acting by and through Reverend T.R. Blanco, QS.A., Pastor, as well as other good and valuable consideration, receipt of which is hereby acknowledged and confessed, the City hereby grants unto the Church a right, privilege and license; and, WHEREAS Our Lady of Guadalupe Catholic Church owns property abutting the dedicated right-of-way of Staff Sgt. Lucian Adams Drive west of 9thAvenue; and, WHEREAS, the Church desires to use a portion of the adjoining right-of-way of Adams Drive for parking purposes for the Church on a temporary basis; and, WHEREAS, the City has no objections to said use of public right-of-way of Adams Drive subject to the conditions contained herein. NOW, THEREFORE, in consideration of this Agreement and the benefits to the parties hereof, the parties agree as follows: The Church shall be allowed to use the portion of the public right-of-way of Adams Drive between the Church's property line and the edge of roadway along the frontage of the Church's property, said tract being approximately 620 feet long and 40 feet wide as shown in Exhibit "A" attached hereto and made a part hereof. The use of said right-of-way by the Church shall be restricted to parking for the Church's own needs, and the Church shall not prohibit the use of the right-of-way for its intended purposes. The Church shall be responsible at their sole cost to provide the necessary drainage culverts, of the size and number to be determined by the City, to enclose the roadside ditch over which the parking facility will be placed. Per standard practice, the City will install the roadside ditch culverts to ensure that proper drainage is maintained under the parking facility. P.R. No. 11637 E~fbtt 02/14/02 AMENDED The Church shall be responsible at their sole cost for all material, labor and equipment to install the temporary flexible base parking facility allowed hereunder, as well as the cost of all maintenance of the facility necessitated by normal use or the City's use of its right-of-way. The Church shall be responsible to p'rovide adequate warning devices to protect the public during the construction of the facility. The Church and the City agree that the use of said right-of-way by the Church is temporary, and that the City may require the parking facility and culverts to be removed for just cause (i.e. the need by the City to use this property for a public or municipal purpose) and at the sole expense of the Church. The Church agrees to make one (1) payment of $1,240 to the City upon issuance of the License. This License shall continue in full force and effect for a period of five (5) years, or until terminated during this term by the City for just cause, giving 90-days written notice to the Church. 10. This License is renewable after the initial five year term for successive one (1) year terms upon the recommendation of the Planning Director and Director of Public Works that there are no forthcoming street improvement projects that require the use of the right-of-way covered by this License. The License can be terminated by the City for just cause, giving 90-days written notice to the Church. The fee for the additional one-year Licenses shall be determined by the City. 11. If the License is terminated within the term of the License, the unused pro-rata share of the License payment will be returned to the Church. 12. Rights herein granted to the Church are not assignable without the City's written consent, and provisions herein shall be binding upon successors and assigns of both parties. In consideration of the privileges herein granted, the Church agrees to indemnify and hold harmless the City from any and all personal injuries to or death of persons, including all necessary costs and expenses to the City relating to such claims, suits or demands caused by, resulting from or arising from the construction, maintenance, operation, repair or location of the parking lot except for negligent acts of the City. In addition, the Church shall cause its Contractor to furnish a bond, on form and with corporate surety satisfactory to the City, in an amount of Forty-Five Thousand and no/lO0 ($45,000.00) Dollars. Such Bond shall enure to the benefit of the City and any person who may suffer a loss or injury as a result of the Church's Contractor's operations during the period until completion of installation of the parking lot is approved in writing by the City's Engineer. P.R. No. 11637 E~ibit 'A" 07./14/02 AMENDED IN WITNESS WHEREOF, parties hereto have caused this License to be executed in duplicate this day of , ~ APPROVED IN FORM: " CITY OF PORTARTHUR City Attorney Mayor APPROVED: ATTEST: Steven B. Fitzgibbons City Manager Leslie E. McMahen, P.E. Director of Public Works City Secretary Our Lady of Guadalupe Catholic Church By:. Name Title ATTEST: Secretary '&S ~09