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Home My WebLink AboutPR 11757: LICENSE AGREEMENTTO: FROM: DATE: SUBJECT: MEMORANDUM CITY OF PORT ARTHUR UTILITY OPERATIONS DEPARTMENT Steve Fitzgibbons, City Manager Kelly E ldridge, Assistant Director of Utility Operations April 23, 2002 Proposed Resolution No. 11757 COMMENTS RECOMMENDATION: I recommend that the City Council approve Proposed Resolution No. 11757 authorizing the Mayor to execute a License Agreement between the City of Port Arthur and Lamar State College-Pot[ Arthur for the use of a City's abandoned sanitary sewer line. BACKGROUND: The City has a 27" abandoned sanitary sewer line on Lakeshore Drive from Mobile Avenue to Lake Charles Avenue that Lamar State College-Port Arthur requests to use for the purpose of construction, installation, operation, maintenance, and repair of a fiber optic raceway within the abandoned sewer line. Lamar State College-Port Arthur representatives have agreed to all provisions of the License Agreement. BUDGET/FISCAL EFFECT: None. STAFF/EMPLOYEE EFFECT: None. SUMMARY: Approval of Proposed Resolution No.11757 is recommended. /id "Remember, we are here to serve the citizens of P. R. No. 11757 04/23/02-1d RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LICENSE-TO-USE AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND LAMAR STATE COLLEGE-PORT ARTHUR FOR THE CONSTRUCTION, INSTALLATION AND MAINTENANCE OF A FIBER OPTIC RACEWAY WITHIN THE CITY'S ABANDONED 27" SANITARY SEWER LINE ALONG LAKESHORE DRIVE FROM MOBILE AVENUE TO LAKE CHARLES AVENUE. WHEREAS, the City Council of the City of Port Arthur finds it in the best interest of citizens to enter into a License-to-use Agreement with Lamar State College-Port Arthur for the use of an abandoned 27" sanitary sewer line along Lakeshore Drive from Mobile Avenue to Lake Charles Avenue for the construction, installation, operation, maintenance and repair of a fiber optic raceway; and, WHEREAS, Lamar State College-Port Arthur approves the provisions of the License Agreement, attached hereto and made a part hereof a~ Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: THAT, the facts and opinions in the preamble are true and correct; and, THAT, The City Council of the City of Port Arthur hereby authorizes the Mayor to execute a License-to-use Agreement with Lamar State College-Port Arthur for the use of an abandoned sanitary sewer line for a fiber optic raceway; and, THAT, a copy of this Resolution be spread upon the minutes of the City Council. READ, ADOPTED, AND APPROVED, on this day of , 2002, at a regular meeting of the City Council of the City of Port Arthur, Texas, by the following vote: P. R. No. 11757 4/23/02-1d Page 2 of 2 AYES: Mayor Councilmembers NOES: ATTEST: Oscar G. OAiz Mayor Jan Stroder Acting City Secretary APPROVED AS TO FORM: Mark Sokolow City Attorney APPROVED: Steve Fitzgibbons City Manager Leslie E. McMahen Director of Public Works KelJy ¢ c~iSc~ e Assistant Director of Utility Operations License-to-use A_qreement Exhibit "A" P.R. NO. 11757 Page 1 of 4 STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § THAT, the City of Port Arthur, a municipal corporation organized and existing under the laws of the State of Texas (hereinafter called "Licensor"), for and in consideration of the SLIm of Ten Dollars ($10.00) to it in hand paid by Lamar State College-Port Arthur (hereinafter called "Licensee") as well as other good and valuable consideration, receipt of all of which is hereby acknowledged and confessed, hereby grants unto the said Licensee a right, privilege and License in, under and across the following public right-of-way situated in Jefferson County, Texas, to-wit: Lakeshore Drive right-of-way from Mobile Avenue to Lake Charles Avenue; specifically within City's abandoned 27" sanitary sewer line with access as shown on. Exhibit "A" attached hereto and made a part hereof. Said License shail be for the sole purpose of constructing, installing, maintaining, operating, replacing and repairing one fiber optic raceway within the abandoned sewer line and all appurtenances thereto. Said License is granted subject to the following provisions: 1. Licensee shall make one (1) payment of $10.00 to Licensor upon issuance of License. 2. Excavations made on Licensor's property shall be promptly refilled by Licensee, the earth well tamped, the ground left in the same condition as before. Exhibit "A" P.,R. No. 11757 Page 2 of 4 Licensee shall have the right of ingress to and egress from the right-of-way of Lakeshore Drive for the aforesaid purposes of this License. A temporary working easement of 15 feet in width is granted herein, being centered along the alignment of the sewer line as shown on Exhibit "A". The 15-foot wide temporary easement is granted for a period of 60 days for construction, with the right to use, subject to the approval of the Director of Public Works, said 15 feet in the event of repairs, replacement or removal of said fiber optic raceway in the future. in the event Licensor, at any time, decides a change in the location of, or other changes in, said raceway is desirable or necessary, Licensee will, at its own expense, make the changes at Licensor's request. Licensee shall provide adequate warning devices to protect the public for the duration of the work, and shall comply with all safety requirements as are normal to the industry. If said fiber optic raceway is abandoned for a continuous period of ninety (90) days, said License shall immediately terminate, free of any claim or right by Licensee. 7. Licensee has the sole responsibility for the operation and maintenance of the fiber optic raceway in a safe manner for the duration of this License. 8. This license shall continue in full force and effec'i for a period of twenty (20) years. 9. This License can be terminated by the Licensor giving 90 days written notice to Licensee that the abandoned sanitary sewer line is needed for a municipal purpose as determined by the City. This license can also be terminated by Lamar State College-Port Arthur who in so doing, shall remove their cables from the sanitary sewer line. Rights herein granted to Licensee are not assignable without Licensor's written consent, and provisions herein shall be binding upon successors and assigns of both parties. In consideration of the privileges herein granted, Licensee agrees to indemnify and hold harmless Licensor from any and all claims, suits or demands for damage or loss to property or for personal injuries to or death or persons, including all necessary costs and expenses to Licensor relating to such claims, suits or demands caused by Exhibit "'A" Y. R. No. 11757 Page 3 of 4 resulting from or arising from the construction, maintenance, operation, repair or removal of said fiber optic raceway and abandoned sewer line except for negligent acts of Licensor. IN WITNESS WHEREOF, par[ies hereto have caused this License to be executed in duplicate this day of ,2002. APPROVED IN FORM: Mark Sokolow City Attorney CiTY OF PORT ARTHUR Oscar G. Ortiz Mayor APPROVED: Director of Utility Operations Leslie E. McMahen, P. E. Director of Public Works ATTEST: Jan Stroder Acting City Secretary. LAMAR STATE COLLEGE-PORT ARTHUR By: Name Title ATTEST: witness ':~AV S31NVH3 ~NY1 '-qAV ~IN [IS'ADTLA '~AV SN~f~]~OM3N 'BAV SIHdN~N 'OAgB 993~AgIJ_~ '3AV 319IAH~N '3AV NO.LS3qNVH~ '3AV HVNNVAV$ '3A~ VJ. SNgNV '__~ ~-- ----/ / Exhibit"A" j ___j j o_ / /P. R. No. ~757 L ~ I/ ~Z pa(i~ 4 of 4 LLJ o~