Ordinance No. 11,891ORDINANCE NO. 11,891
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING ORDINANCE NO. 11,682, PASSED ON JULY 14, 2011, CONCERNING
A DREDGE MATERIAL PLACEMENT AGREEMENT WITH THE PORT OF
HOUSTON AUTHORITY FOR THE BAYLAND MARINA RECONSTRUCTION
PROJECT TO AUTHORIZE AND DIRECT THE CITY MANAGER TO EXECUTE
THE CONSENT TO EASEMENT AGREEMENT WITH THE U.S. ARMY CORPS OF
ENGINEERS FOR SUCH PROJECT; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN IN AN ADDITIONAL AMOUNT NOT TO EXCEED SIXTY
THOUSAND FORTY -NINE AND 20 /100 DOLLARS ($60,049.20); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section l: That Section 2 of Ordinance No. 11,682, passed on July 14, 2011, concerning a
Dredge Material Placement Agreement with the Port of Houston Authority for the Bayland Marina
Reconstruction Project, is hereby amended to read as follows:
Section 2: That the City Council of the City of Baytown authorizes
payment to Port of Houston Authority in an amount not to exceed FIVE HUNDRED
TWENTY -THREE THOUSAND SIX HUNDRED TWENTY -NINE AND 20 /100
DOLLARS ($523,629.20) in accordance with the agreement authorized in Section 1
hereinabove.
Section 2: That Section 3 of Ordinance No. 11,682, passed on July 14, 2011, concerning a
Dredge Material Placement Agreement with the Port of Houston Authority for the Bayland Marina
Reconstruction Project, is hereby amended to read as follows:
Section 3: That the City Manager is hereby granted general authority to
approve a decrease or an increase in costs by FIFTY THOUSAND AND NO /100
DOLLARS ($50,000.00) or less, provided that the amount authorized in Section 2 hereof
may not be increased by more than twenty-five percent (25 %).
Section 3: That Ordinance No. 11,682, passed on July 14, 2011, concerning a Dredge
Material Placement Agreement with the Port of Houston Authority for the Bayland Marina
Reconstruction Project, is hereby amended to add Sections 4 though 6, which sections shall read as
follows:
Section 4: That the City Council of the City of Baytown, Texas, hereby
authorizes and directs the City Manager to execute the Consent to Easement Agreement
with U.S. Army Corps of Engineers for the Bayland Marina Reconstruction Project. A
copy of the agreement is attached hereto, marked Exhibit "A," and made a part hereof for
all intents and purposes.
Section 5: That the City Council of the City of Baytown authorizes
payment to the U.S. Army Corps of Engineers in an amount not to exceed ONE
HUNDRED EIGHTY -NINE THOUSAND TWO HUNDRED FORTY AND NO /100
DOLLARS ($189,240.00) in accordance with the agreement authorized in Section 4
hereinabove.
Section 6: That the City Manager is hereby granted general authority to
approve a decrease or an increase in costs by FIF'"J"'Y THOL)SAND AND NO/100
DOLLARS ($50,000.00) or less, provided that the amount authorized in Section 5 hereof
may not be increased by more than twenty-five percent (25%).
Section 4: This ordinance shall take effect, immediately from and after its passage by the
City Council cif` the City of Baytown,
INTRODUCED, READ, and PASSED by the affiraiative vO 6fthe City Council Ofthe City Of
Baytown, this the 8"' day of March, 2012. ��l
DONCARLOS, M
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A PPROVED AS TO FORM:
&WACIO RAMlRI-`.Z, SR., City A torney
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Exhibit "A"
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
GALVESTON DISTRICT
Consent No. DACW64- 9 -12 -21 Pro ectw Houston Ship Channel, Texas
Tract Nos.:107E Alexander Island Placement Area
CONSENT TO EASEMENT
WHEREAS, the United States has acquired a spoil easement over the above listed tracts.
WHEREAS, said easements grant to the United States the right of prior approval for any activity
to be located within the easement areas, which areas are under the administrative control of the
Galveston District, Corps of Engineers;
WHEREAS, the Corps has been requested to give consent for the deposit of dredged material
in the above subject tracts, Houston Ship Channel Project.
NOW THEREFORE, the Corps hereby gives consent to City of Baytown., ,2401 Market St.,
Baytown, TX 77522-0424 for the placement of dredged material over the above subject tracts.
PROVIDED HOWEVER, that this consent is subject to the following conditions:
1. All activities conducted on the premises shall comply with all applicable federal, state, county
and municipal laws, ordinances and regulations wherein the premises are located.
2. The giving of this consent does not in any way subordinate the Corps' prior easement rights.
The Corps shall in no case be liable for any damage or injury to the activities herein consented to,
which may be caused by any action of the Corps under its servitude, or that may result from future
operations undertaken by the Corps, and no claim or right to compensation shall accrue from
such exercise of the Corps' easement rights.
3. The Corps shall not be responsible for damages to property or injuries to persons which may
arise from or be incident to the exercise of the consented activity.
4. This instrument is effective only insofar as the rights of the Corps in the premises are
concerned; and the grantee shall obtain such permission as may be required on account of any
other existing rights. It Is understood that this consent does not eliminate the necessity for
obtaining any Department of the Army permit which may be required pursuant to the provisions of
Section 10 of the Rivers and Harbors Act of 3 March 1989 (30 Stat. 1151; 33 U.S.C. *403),
Section 404 of the Clean water act (33 U.S.C. * 1344) or any other permit or license which may be
required by Federal, state, or local laws in connection with the use of the premises.
5. Site specific conditions for placing dredged material on the placement area:
a. The Grantee shall notify and coordinate with the Corps of Engineers, Mr. Joe Hrametz
(409)766-3973, before commencement of work activities and every time dredged material is to be
placed in the Government Placement Areas during the duration of this consent.
b. All dredged material placed in Alexander Island Placement Area Tract 107-E, will be tested
and the results must be approved by the Port of Houston Authority's Environmental Department.
Grantee will show proof by providing copy of letter from the Port of Houston approving and
clearing for the placement of dredged material in the placement areas.
c. The Grantee will pay the going rate of $1.50 per cubic yard charged by the US Army Corps
of Engineers in addition to the charges of the Port of Houston for the deposit of dredged material
in any of the above placement areas (per job). The rate is subject to change. The Grantee will
coordinate with the Port of Houston and will provide upon completion of job in writing to Mr. Eric F.
Willmore, USAED Galveston. ATTN: RE, PO BOX 1229, Galveston, Texas 77553-1229, the total
amount of dredged material placed in the above placement areas, (per job), the total amount of
clay material and the total amount of maintenance material verified by the Port of Houston. Upon
completion and verification of the amount placed in the placement areas a check will be made for
the amount of cubic yards placed in the placement areas times the current rate charged per cubic
yard.
d.. Any damage to the existing levees as a result of the operation will be repaired by and at
the Grantee's expense IAW Corps of Engineers requirements.
e.. Any U.S Army Corps of Engineers work or maintenance work will take precedence over
private dredging and use of placement areas.
6. This consent is granted for a term of five (5) years beginning 06 Febuary 2012 and ending
06 Febuary 2017, but revocable at will by the Secretary of the Army.
IN WITNESS WHEREOF, t have hereunto set my hand by authority of the Secretary of the
Army, this / day of /"L4,,-,,t , 2012.
ORLANDO ROSAS
Chief, Real Estate Division
THIS CONSENT is also executed by the grantee this / (p day of
8
• ROBERT D. LEIPER
City Manager