2000-044-RES APPROVING AND AUTHORIZING A RIGHT-OF-ENTRY
RESOLUTION NO. 2000-044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND AUTHORIZING A RIGHT -OF -ENTRY
TO THE UNITED STATES GOVERNMENT, DEPARTMENT OF THE
ARMY, REAL ESTATE DIVISION FOR ACCESS TO LAND OWNED BY
THE CITY FOR PURPOSES OF INVESTIGATION BY THE DEPARTMENT
OF ARMY FOR THE PRESENCE OF ORDNANCE ON SAID PROPERTY;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE,
WHEREAS, the United States Government, Department of the Army, Real Estate
Division, has requested the City of Paris to grant a right -of-entry for access to land which records
held by the Department of Army indicate was once utilized as a training installation for the U. S.
Military known as Camp Maxey; and,
WHEREAS, the purpose of the aforesaid right-of-entry for access to said land is to
investigate the presence of potential ordnance on said property; and,
WHEREAS, the City Council finds and determines that the grant of such right-of-entry
and access would be beneficial to the health, safety, and welfare of the citizens of the City of
Paris, Paris, Texas; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble of this resolution are hereby in all
things approved.
Section 2. That the Mayor is hereby authorized to execute and the City Clerk to attest to
a right-of-entry for access to land requested by the United States Government, Department of the
Army, Real Estate Division, a copy of which is attached hereto and for all purposes incorporated
herein as Exhibit A, for the purpose of affording the Department of Army the opportunity to gain
entry and access to certain properties wherein the Department of Army records indicate the
potential presence of military ordnance.
Section 3, That the Army shall similarly be authorized following the determination as to
whether or not ordnance is present on said property and to subsequently dispose of said ordnance
in accordance with appropriate rules and regulations for the disposal of same.
Section 4. That this resolution shall become effective from and after its date of passage.
PASSED AND APPROVED this 10th day of April, 2000.
~
Charles H. Neeley, May' r
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
CONTRACT NO. DACA63-9-00-
DEPARTMENT OF THE ARMY
RIGHT OF ENTRY FOR
ENVIRONMENT AL ASSESSMENT AND RESPONSE
CAMP MAXEY PROJECT, TEXAS
City of Paris,
A 799
The undersigned, herein called the "Owner", in consideration for the mutual
benefits of the work described below, hereby grants to the UNITED STATES OF
AMERICA, hereinafter called the "Government", a right-of-entry upon the following
terms and conditions:
1. The Owner hereby grants to the Government an assignable right to enter in, on,
over and across the land described in Schedule A, for a period not to exceed 12
months, beginning with the date of the signing of this instrument, and terminating
with the earlier of the completion of the remediation or the filing of a notice of
termination in Ihe local land records by the representative of the United States in
charge of the Camp Maxey, Texas, Project, for use by the United States, its
representatives, agents, contractors and assigns, as a work area for environmental
investigation and response; including the right to store, move, and remove
equipment and supplies; investigate and collect samples; excavate and remove
unexploded ordnance and explosive waste, and hazardous substances, and perform
any other such work which may be necessary and incident to the Government's use
for the investigation and response on said lands; subject to existing easements for
public roads and highways, public utilities, railroads and pipelines; reserving,
however, to the landowner (s), their heirs, executors, administrators, successors and
assigns, all such right, title, interest and privilege as may be used and enjoyed
without interfering with or abridging the rights and right-of-entry hereby acquired.
2. The Owner also grants Ihe right to enter and exit over and across any other lands of
the Owner as necessary to use the described lands for the purpose listed above.
3. All tools, equipment, and other property taken upon or placed upon the described
land by the Government shall remain the property of the Government and may be
removed by the Government at any time within a reasonable period after the
expiration of this right-of-entry.
4. Upon the expiration or termination of this right-of-entry, the Government shall
EXHIBIT A
reslore the ground contour, replace any pavement or other cover which was
removed or damaged for this work, establish a ground cover of grass on areas not
otherwise covered and reconnect any operating utility lines which were required to
be disconnected or otherwise disrupted.
5. In addition to the damage provisions of Paragraph 4, ifany action of the
Government's employees or agents in the exercise of this right-of-entry results in
damage to the real property, the Government will, in its sole discretion, either
repair such damage or make an appropriate settlement with the owner. In no event
shall such repair or settlement exceed the fair market value of the fee title to the
real property at the lime immediately preceding sLlch damage. The Government's
liability under this clause is subject to the availability of appropriations for such
payment, and nolhing contained in this agreement may be considered as implying
Ihat Congress will at a later date appropriate funds sufficient to meet any
deficiencies. The provisions of this clause are without prejudice to any rights the
Owner may have to make a claim under applicable laws for any damages other
Ihan those provided for herein.
WITNESS MY HAND this 10th
day of April
,2CO~.
By:
Owner's Signature
Charles H. Neeley, Mayor
CITY OF PARIS, PARIS, TEXAS
Owner's Printed Name
P. O. Box 9037, Paris, Texas 75461
Owner's Address
(903 ) 785-7511
(903 ) 782-9721
Consent of Ten anI: (If Applicable)
I hereby consent to the use of the property by the Government in accordance with
this Right ofEnlry For Environmental Assessment and Response.
Tenant's Signature
Tenant's Printed Name
Tenant's Address
( )
Home Telephone
( )
Work Telephone
CERTIFICATE FOR CORPORATIONS AND PARTNERSHIPS
(If Applicable)
I, ' certify that I am
Name of Official Official Position
thaI who signed this Right-of-Entry on behalf of
Name of Signer
was the
Official Position
for
Organization/person
Organization/person
Ihat said Right-of-Entry was duly signed for and on behalf of
Organization/person
by authority of its governing body and is within the scope of Signer's corporate or
partnership powers.
Signature of Official
Telephone Number
NOTE: THE PERSON SIGNING THE ABOVE CERTIFICATE CANNOT BE THE
SAME PERSON THAT SIGNED THE RIGHT-OF-ENTRY.
THE UNITED STATES OF AMERICA
By:
Hyla J. Head
Chief, Real Estate Division
U.S. Army Corps of Engineers
ATTN: CESWF-RE
P.O. Box 17300
Fort Worth, TX 76102-0300
(8 I 7) 978-2101
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