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HomeMy WebLinkAboutRES 21-201RESOLUTION NO. 21-201 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Memorandum of Understanding between the City of Beaumont and the Port of Beaumont Navigation District (Port) relating to the installation of one (1) flood sensor on Port -owned property. The Memorandum of Understanding is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of August, 2021. 34�_ Ito - Mayor Robin Mouton - '!, i BEAUM©NT TEXAS MEMORANDUM OF UNDERSTANDING This agreement between the PORT OF BEAUMONT NAVIGATION DISTRCT, a special district of Jefferson County in the State of Texas (hereinafter called "PORT") and the City of Beaumont, a home rule city of the State of Texas acting by and through its duly authorized Agent (hereinafter called "CITY"), wimesseth: CITY and the PORT above recited have reached an agreement wherein the PORT is to authorize the CITY to occupy the following location for the installment of one (1) Low -Cost Flood Sensors (LCFS): 1. On PORT property, along the Neches River, in PL S TRS 5 9 10 11 N TEVIS - (Exhibits A I & A2) The consideration and conditions of agreement are fully listed and stated below: 1. The PORT will allow the CITY to have one (l) LCFS installed on PORT property at no additional cost to the CITY. 2, The PORT will allow CITY forces to enter PORT property to install the LCFS and for quarterly inspections_ 3. The CITY will retain ownership of the LCFS. 4. The CITY will handle the maintenance of the LCFS. 5. The PORT will notify the CITY if any work being performed by the PORT requires the removal of the LCFS. IT IS FURTHER AGREED THAT ALL TERMS AND CONDITIONS OF AGREEMENT ARE FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date, therein specified. This agreement is neither assignable nor transferable except in conjunction with, and as part of, Port's conveyance of all the abutting property this agreement serves, through probate or warranty deed or lease. In any such event, City shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to City shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P. O. Box 3827, 801 Main Street, Beaumont, Texas 77701. Any notice to Port or their successors shall be sufficient if mailed or hand delivered to Port of Beaumont, 1225 Main Street, Beaumont, Texas 77701. Page 1 of3 EXHIBIT "A" (INTENTIONALLY LEFT BLANK) Page 2 of PORT OF BEAUMONT NAVIGATION DISTRICT WITNESS OUR HANDS effective this 10rN day of (, 2021. Chris Fisher Port Director and CEO Port of Beaumont Navigation District ATTEST: By: �� •�!� �' Printed Name: Title: CITY OF BEAUMONT WITNESS OUR HANDS effective this day of , 2021. Kyle Hayes City Manager City of Beaumont ATTEST: Tina Broussard City Clerk City of Beaumont Page 3 of 0 i r 11 lt i s Al CITY HALL �► NFcyFs ' }y 14 -r, PORT OF BMT mum 1e11 r�. ICI _ fit.. yf.4 TEXAS MEMORANDUM OF UNDERSTANDING This agreement between the PORT OF BEAUMONT NAVIGATION DISTRCT, a special district of Jefferson County in the State of Texas (hereinafter called "PORT") and the City of Beaumont, a home rule city of the State of Texas acting by and through its duly authorized Agent (hereinafter called. "CITY"), witnesseth: CITY and the PORT above recited have reached an agreement wherein the PORT is to authorize the CITY to occupy the following location for the installment of one (1) Low -Cost Flood Sensors (LCFS): 1. On PORT property, along the Neches River, in PL S TRS 5 9 10 11 N TEVIS - (Exhibits AI & A2) The consideration and conditions of agreement are fully listed and stated below: 1. The PORT will allow the CITY to have one (1) LCFS installed on PORT property at no additional cost to the CITY. 2. The PORT will allow CITY forces to enter PORT property to install the LCFS and for quarterly inspections. 3. The CITY will retain ownership of the LCFS. 4. The CITY will handle the maintenance of the LCFS. 5. The PORT will notify the CITY if any work being performed by the PORT requires the removal of the LCFS. IT IS FURTHER AGREED THAT ALL TERMS AND CONDITIONS OF AGREEMENT ARE FULLY STATED HEREIN AND NO VERBAL AGREEMENTS ARE AUTHORIZED. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date, therein specified. This agreement is neither assignable nor transferable except in conjunction with, and as part of, Port's conveyance of all the abutting property this agreement serves, through probate or warranty deed or lease. In any such event, City shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to City shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P. O. Box 3827, 801 Main Street, Beaumont, Texas 77701. Any notice to Port or their successors shall be sufficient if mailed or hand delivered to Port of Beaumont, 1225 Main Street, Beaumont, Texas 77701. Page 1 of 3 {INTENTIONALLY LEFT BLANK} Page 2 of 3 PORT OF BEAUMONT NAVIGATION DISTRICT WITNESS OUR HANDS effective this /97'X/ day of A6 � , 2021. Chris Fisher Port Director and CEO Port of Beaumont Navigation District ATTEST: By: /�• Printed Name: Title: CITY OF BEAUMONT WITNESS OUR HANDS. effective this Kyle Hayes City Manager City of Beaumont AT ST: Tina Broussard City Clerk City of Beaumont zs� day of 2021. Page 3 of 3 EXHIBIT Al EXHIBIT A2