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HomeMy WebLinkAboutPACKET NOVEMBER 25 2003 i Irwiff- , City of Beaunwnt REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 25, 2003 1:30 P.M. AGENDA CALL TO ORDER Invocation Pledge Roll Call * Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 5-7/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) and GC-MD (General Commercial-Multiple Family Dwelling) to LI (Light Industrial) District and a specific use permit to allow a farm equipment and machinery manufacturing facility at property located approximately between Irving and St. Anthony and between McGovern and Schwarner 2. Consider approving a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) District for the property at 3825 W. Lucas 3. Consider approving a request for a specific use permit to allow a day spa in an RCR(Residential Conservation and Revitalization) District at 2300 McFaddin 4. Consider approving a request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District at 5205 Fannett Road 5. Consider approving a request for the abandonment of a 16' x 316.89'public utility easement on the west side of Lots 1 and 2, east side of Lot 3, Block 2, Beaumont Medical Plaza Subdivision 6. Consider approving a resolution accepting the bequest of$100,000 from the estate of Elizabeth Gilbert Fortune for the operation, maintenance, continuation and/or expansion of the Tyrrell Historical Library 7. Consider approving a resolution endorsing the Port of Beaumont's Rail Expansion Plan and supporting the Port's efforts to obtain funding for construction of the Rail Expansion Plan COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: James Harris v City of Beaumont, et al Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. 1 November 25,2003 Consider approving a request for a zone change from RM-H (Residential Multiple Family Dwelling- Highest Density) and GC-MD (General Commercial-Multiple Family Dwelling) to LI (Light Industrial)District and a specific use permit to allow a farm equipment and machinery manufacturing facility at property located approximately between Irving and St. Anthony and between McGovern and Schwarner i City of Beaumont A c Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson,Planning Manager MEETING DATE: November 25, 2003 AGENDA MEMO DATE: November 18, 2003 REQUESTED ACTION: Council consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density)and GC-MD (General Commercial-Multiple Family Dwelling) to LI (Light Industrial) District and a specific use permit to allow a farm equipment and machinery manufacturing facility at property located approximately between Irving and St. Anthony and between McGovern and Schwarner. RECOMMENDATION The Administration recommends approval of a zone change from RM-H and GC-MD to LI District and a specific use permit to allow a farm equipment and machinery manufacturing facility at property located approximately between Irving and St. Anthony and between McGovern and Schwamer. BACKGROUND Modern,Inc. is requesting a zone change to LI(Light Industrial)and a specific use permit for all of its properties in the Charlton-Pollard neighborhood. In January,2003,Modem,Inc.applied for a zone change to GC-MD for Lots 20-22,Block 1,Minter Addition. The property was to be used for employee parking. At that time, staff recommended denial because the existing and proposed use of those lots would be in support and part of an existing nonconforming industrial use. Staff also stated that the use would not be permitted in GC-MD. "For it to be legal,the property needed to be zoned LI(Light Industrial)with a specific use permit or HI (Heavy Industrial). No action was taken due to lack of a quorum of the Planning Commission. Lloyd Koehnen, representing Modern, later met with the Planning Manager to discuss Modem's options. Modern then decided to apply for HI for all the property that it owns in Charlton-Pollard so that it would be a permitted use. This request was denied by City Council on March 25, 2003. In May,2003,Modern,Inc.'s request for a zone change to LI and a specific use permit was denied. i Modern,Inc.is again applying for LI and a specific use permit for a farm equipment and machinery manufacturing facility with permission of the Planning Commission. Modern, Inc. has been located on Irving and Tilson for approximately 42 years. The company manufactures tractor powered implements and other metal products. The plant on Irving extends west to Tilson and St. Anthony and from Schwarner to McGovern and contains just over 3 acres of land area. This area of Beaumont was originally zoned C-1 in 1955. The C-1 was converted to GC-MD with adoption of the 1981 zoning ordinance. The RM-H designation of some of Modem's property and also of most of the residentially zoned areas along either side of Irving Street was the result of rezoning studies and changes over the years. The commercial zoning along Irving remained in place. Modern, Inc. i s a m anufacturing c oncem and, as s uch, i s an i ndustrial u se. A s earch o f c ity directories seems to indicate the firm began an operation at 1901 Tilson around 1960 and expanded over the years. Again,Modern,Inc.at the Tilson and Irving Street location is a nonconforming use. Under Section 30-30, "Nonconforming Buildings, Structures and Uses of the Land", regulations explain and discuss various aspects of the nonconforming uses of land. There are several limitations on nonconforming uses and few exemptions. It is questionable whether or not the existing plant operations are a lawful nonconforming use since information leads staff to believe that Modern,Inc. began manufacturing at the site after the area was originally zoned C-1 in 1955. For the use to be conforming, the property where the plant is located should be industrially zoned. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing held November 17,2003,the Planning Commission voted 9:0 to approve a zone change from RM-H and GC-MD to LI District and a specific use permit to allow a farm equipment and machinery manufacturing facility at property located approximately between Irving and St. Anthony and between McGovern and Schwarner. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. i ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FARM EQUIPMENT AND MACHINERY MANUFACTURING FACILITY IN A LI (LIGHT INDUSTRIAL) DISTRICT AT PROPERTY LOCATED APPROXIMATELY BETWEEN IRVING AND ST. ANTHONY AND BETWEEN MCGOVERN AND SCHWARNER, CONTAINING 3.39 ACRES, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Modern, Inc.to allow a farm equipment and machinery manufacturing facility in a LI (Light Industrial) District at property located approximately between Irving and St. Anthony and between McGovern and Schwarner, being Lots 17-22 , Block 1, Minter Addition, Lots 3-14, adj. Alley, Tracts A-D of abandoned Tilson St. and Tracts A and B, Block 1, Minter Addition and Plat J, Tract 22, D. Brown Survey, City of Beaumont, Jefferson County, Texas, containing 3.39 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a farm equipment and machinery manufacturing facility in a LI (Light Industrial) District at property located approximately between Irving and St. Anthony and between McGovern and Schwarner, being Lots 17-22 , Block 1, Minter Addition, Lots 3-14, adj. Alley, Tracts A-D of abandoned Tilson St. and Tracts A and B, Block 1, Minter Addition and Plat J, Tract 22, D. Brown Survey, City of Beaumont, Jefferson County, Texas, containing 3.39 acres, more or less, as shown on Exhibit "A" attached hereto; and, is hereby granted to Modern, Inc., its legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of November, 2003. - Mayor Evelyn M. Lord - FILE 1697-Z/P: A request for a zone change from l2:M-H (Residential Multiple Family NORTH Dwelling-Highest Density) District and GC-MD (General Commercial-Multiple Family Dwelling) District to LI (Light Industrial) District and a specific use permit to allow a farm equipment and machinery manufacturing facility. 5C.U.E _ Location: Approximately between Irving and St. Anthony and between McGovern 1"=200' � and Schwarner Applicant: Modern Ltd. c 1... / ... �! t• SCNWARNER ST, „r _ T CE /1 MCGOVERN S.— i o RM o e.. 1 .—� 1• ?` - s. - � J s t: .� �. •- : ' ` : '�' ' c�wwr �— _ter L � J A : ' • 3 MARY ST. � !G,'• � t ` h 4W-1 i.1Y • — -- —— rp i �S1 • ! J „� n1 NEICY ST. is JA f It m of is 'ir, .; E HIBIT "A LEGEND- � ----------- 8' CHAIN LINK FENCE ` 8'WOOD FENCE RAW MATERIAL ._ . IL OFF STREET LO DING 11Z SON Sl TO J.4CI(SON S1 �L -- -- R �T—E7] XfT EXIT N.,r P4R(AREA -- n � u FINISHED GOODS OFFICE om = SHOP AREA t- Q a - . RELOCATED PROCESS DUMPSTERS { FOR STEEL 6 OPEN FOR W.I.P. FINISHED GOODS OPEN Om OPEN STORAGE I -- - ------- •,, _ _ . ANC ST. MODERN PROPOSED OPE0 A ll TI ON Apn/ 1, ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT AND GC-MD (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING) DISTRICT TO Li (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED APPROXIMATELY BETWEEN IRVING AND ST. ANTHONY AND BETWEEN MCGOVERN AND SCHWARNER, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as RM-H (Residential Multiple Family Dwelling-Highest Density) District and GC-MD (General Commercial-Multiple Family Dwelling) District to LI (Light Industrial) District for property located approximately between Irving and St.Anthony and between McGovern and Schwarner, being Lots 17-22, Block 1, Minter Addition, Lots 3-14, adj. alley, Tracts A-D of abandoned Tilson St. and Tracts A and B, Block 1, Minter Addition and Plat J, Tract 22, D. Brown Survey, City of Beaumont, Jefferson County, Texas, containing 3.39 acres, more or less., as described on Exhibit "A", and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of November, 2003. - Mayor Evelyn M. Lord - 2 November 25,2003 Consider approving a request for a zone change from RM-H (Residential Multiple Family Dwelling- Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) District for the property at 3825 W. Lucas A Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: November 25, 2003 AGENDA MEMO DATE: November 18, 2003 REQUESTED ACTION: Council consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density)to GC-MD (General Commercial-Multiple Family Dwelling) District for the property at 3825 W. Lucas. RECOMMENDATION The Administration recommends denial of a zone change from RM-H to GC-MD District for the property at 3825 W. Lucas. BACKGROUND Rick Hamberlin,the property owner, is requesting the rezoning of 3825 W. Lucas so that it can be used for commercial purposes. Mr.Hamberlin states that due to the surrounding land uses and high traffic volume on W.Lucas,the property is no longer conducive to residential use. He suggests that the property could be used for some type of office. The subject property and the two lots immediately to the south are currently zoned RM-H. The properties to the north and east are zoned GC-MD. The properties to the south and west are zoned RS (Residential Single Family Dwelling)District. In 1998, a request to rezone 4210 Folsom at W. Lucas to GC-MD was denied by City Council. Since the subject property is zoned RM-H, a number of commercial uses could be permitted with a specific use permit. These uses include a number of office uses,dance studios and coin-operated laundries. The Planning Manager recognizes that the subject property is adversely affected by the traffic volume and commercial properties to the north and east. However, he feels that GC-MD zoning would be detrimental to the single family residences to the west and south. RM-H would allow some commercial but with the protection of a specific use permit. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing held November 17, 2003,the Planning Commission voted 8:0:1 to deny a zone change from RM-H to GC-MD District for the property at 3825 W. Lucas. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager,Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO GC-MD(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 3825 W. LUCAS, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District for property located at 3825 W. Lucas, being Tract 131, Plat D22, F. Bigner Survey, City of Beaumont, Jefferson County, Texas, containing 0.69 acres, more or less, as described on Exhibit "A", and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of November, 2003. - Mayor Evelyn M. Lord - FILE 16'95-Z: A request for a zone change from RM-H(Residential Multiple Family NORTH Dwelling-Highest Density)District to GC-MD(General Commercial-Multiple Family - Dwelling) District or more restrictive district. Location: 3825 W. Lucas SCALE Applicant: Rick Hamberlin 1"=200' ;e4 29 R al.r JE r - 117 l J . � „� •�� is �or' • � 1 • s.. �. ARf •\c• ` or ••s. ,� Z. FOLSOM DR. .• • jT(t 'r a . �'- - �, . ( ',• ss, :moo• ARTHUR ST. . . ccaua .s•rr-sr 40L d67 .� ur is• w fir ! a/ � nY = sr s34, �s x! •/ is C�3 _ r 41 _ COOLIDGE ST. . • _ „1• :ter _ -ti/: "' {1{111111 ;� EXHIt3f1 'A" i 3 November 25,2003 Consider approving a request for a specific use permit to allow a day spa in an RCR(Residential Conservation and Revitalization) District at 2300 McFaddin. City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: November 25, 2003 AGENDA MEMO DATE: November 18, 2003 REQUESTED ACTION: Council consider a request for a specific use permit to allow a day spa in an RCR(Residential Conservation and Revitalization)District at 2300 McFaddin. RECOMMENDATION The Administration recommends denial of a specific use permit to allow a day spa in an RCR District at 2300 McFaddin. BACKGROUND Patricia Brooks and Rosalind Hall, the property owners,wish to operate a day spa in the structure located at 2300 McFaddin. Ms.Brooks and Ms.Hall state that the proposed facility intends to offer hair and nail care,massage therapy, skin treatments, catered luncheons for its clientele,minor beautician services and the sale of skin and hair care products. The facility will employ a receptionist,two massage therapists,two hair stylists, two nail technicians and two estheticians. Approximately ten clients can be served at any given time. Clients will spend one to four hours at the facility during a visit. The facility will be open for business between the hours of 9 a.m. and 7 p.m., Monday through Saturdays. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held November 17,2003,the Planning Commission voted 5:4 to approve a specific use permit to allow a day spa in an RCR District at 2300 McFaddin with approval of a modification to the landscaping/screening requirements along the west side of the property,that the fencing along the north boundary line remain with the property and that the applicant work with City staff on using paving materials that will not destroy the trees. i SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DAY SPA IN AN RCR(RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 2300 MCFADDIN IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Patricia Brooks and Rosalind Hall to allow a day spa in an RCR (Residential Conservation and Revitalization) District located at 2300 McFaddin, being the East 40' of Lot 27 and Lot 28, Block 20, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.31 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a allow a day spa in an RCR (Residential Conservation and Revitalization) District located at 2300 McFaddin, being the East 40' of Lot 27 and Lot 28, Block 20, Averill Addition, City of Beaumont, Jefferson County, Texas, containing 0.31 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Patricia Brooks and Rosalind Hall, their legal representatives, successors and assigns, subject to the following conditions: ► modification to landscaping/screening requirements along the west side of the property; i ► that the fencing along the north boundary line remain with the property; and ► that the applicant work with City staff on using paving materials that will not destroy the trees. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of November, 2003. - Mayor Evelyn M. Lord - ;� 3Q0 I • 22M FILE 1696-P: A request for a specific use permit to allow a day spa in an RCR NORTH (Residential Conservation Revitalization) District - Location: 2300 McFaddin ~ Od Applicant: Patricia Brooks and Rosalind Hall SCALE �0 1"-200' 14w •► N • z� r. I!• 1 M �I /f tt N 1 It e+ t Js In A }D l� - • •.S i�i r • NORTH ST. i SUBJ lbT" ' •. j j I - - - sfl r ,o rAD orA MCFADDIN AVE. u 1 Q ( �� i �o I r • i • ! • r tf r I � I I 1 ��'� � •�• I i I �1 j ' I I r! r• �! , ,I I r• Ito r! to r, t•`' ,• ,� ,♦ I i I • I is too it I ! i t• f? a I I CALDER' CALDER AVE. jo ' b • • , I • ! . s I r / n ns It i 1, JO t I • 1f __ { x I M • I s r1 ' C+ �• IO t, rr !! t• ; I! 11 17 MR R,I O ,• I y f � - - I I �� � � I i I � I j t! t•� B R 0 A DHLY BROADWAY AVE. sn EXF�h BI1 "AZ ? w I I I �•• II r 2300 McFaddin 163'-0" 6'Privacy Fence I Fence section to be removed , I 1 1 I t E*"any 1 I era 1 cow I I 1 I I 1 I 11 I 46'-0" 37'-0" I Uswq two Pow buodiq r pradrnewy MW win H Sidewalk Eiditlip 3'ii0i ,ory 1 1 I � I 1 Proposed I Parkll�g Are ---------- I j I i i I I I I I I I 1 — Fence p V — I L---t----� --- * / rr 1RCUdt kw I prq E VtAcy fence I M s.wnO Sa.N * Approval with a modification to the landscaping/screening requirements along the west side of the property, that the fencing along the north boundary line remain with the property and that the applicant work with City staff on using paving materials that will not destroy the trees. 4 November 25,2003 Consider approving a request for a specific use permit to allow a drinking place in a GC-MD(General Commercial-Multiple Family Dwelling) District at 5205 Fannett Road I City of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: November 25, 2003 AGENDA MEMO DATE: November 18, 2003 REQUESTED ACTION: Council consider a request for a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling)District at 5205 Fannett Road. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a drinking place in a GC- MD District at 5205 Fannett Road with a modification to the screening/landscaping requirements along the frontage of the existing parking lot. BACKGROUND Shelia Evans,the applicant, is requesting a specific use permit to allow the operation of a drinking place at 5205 Fannett Road. This building had most recently been the location of the Tyrrell Park Cafe and Lounge. The building and parking all exist. Ms. Evans has received signed permission to use parking at the adjacent convenience store, if needed. Ms.Evans states that the hours of operation of operation will be from 12 p.m.through 2 a.m. Beer, wine and soda will be sold. Maximum seating will be 50 persons. Entertainment will include pool tables and juke box. No live music will be provided and this will not be a sexually oriented business. The existing sign will be used to identify the business. BUDGETARY IMPACT None. i PREVIOUS ACTION At a Joint Public Hearing held November 17,2003,the Planning Commission voted 8:0 to approve a specific use permit to allow a drinking place in a GC-MD District at 5205 Fanned Road with a modification to the screening/landscaping requirements along the frontage of the existing parking lot and with the stipulation that the existing sign be used. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. i ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A DRINKING PLACE IN A GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT 5205 FANNETT ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Shelia Evans to allow a drinking place in a GC-MD (General Commercial- Multiple Family Dwelling) District located at 5205 Fannett Road, being parts of Lots 1, 2 and 29, Tract 3, Tyrrell Park Addition, City of Beaumont, Jefferson County, Texas, containing 0.416 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a drinking place in a GC-MD (General Commercial-Multiple Family Dwelling) District located at 5205 Fannett Road, being parts of Lots 1, 2 and 29, Tract 3, Tyrrell Park Addition, City of Beaumont, Jefferson County, Texas, containing 0.416 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Shelia Evans, her legal representatives,successors and assigns,subject to the following conditions: ► modification to the screening/landscaping requirements along the frontage of the existing parking lot; and ► use of the existing sign. i Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of November, 2003. - Mayor Evelyn M. Lord - i 4,VI V I I FILE 1694-P: A request for a spec use permit to allow a drinking place in a GC- NORTH MD (General Commercial-Multiple Family Dwelling) District Location: 5205 Fannett Rd. Applicant: Shelia Evans SCALE 1"-200' r• 4 .r . 41M H • LI AP i e W t • b ANIP w d %6 loo' OW �, �' s EXHI IT "A" \ / C ^ ON GO y 1 � /O C ! I t •Approval with a modification to[he screening landscaping requirements along the frontage of the existing parking lot �\ and with the stipulation that the existing sign be used. R �1oP• 3 //,� \ �.\Q EXHIBIT°g., _ J 5 November 25,2003 Consider approving a request for the abandonment of a 16'x 316.89'public utility easement on the west side of Lots 1 and 2, east side of Lot 3, Block 2, Beaumont Medical Plaza Subdivision i Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson,Planning Manager MEETING DATE: November 25, 2003 AGENDA MEMO DATE: November 18, 2003 REQUESTED ACTION: Council consider a request for the abandonment of a 16' x 316.89' public utility easement on the west side of Lots 1 and 2, east side of Lot 3,Block 2, Beaumont Medical Plaza Subdivision. RECOMMENDATION The Administration recommends approval of a request for the abandonment of a 16'x 316.89'public utility easement on the west side of Lots 1 and 2, east side of Lot 3, Block 2, Beaumont Medical Plaza Subdivision subject to the moving of any utilities that are located in the easement at the applicant's expense. BACKGROUND Fittz and Shipman, Inc., the applicant, is requesting the abandonment of a 16' x 316.89' general utility easement located 241.77'west of the intersection of Medical Center Drive and Hospital Drive. Mac Haik Development and Memorial Hermann Baptist Hospital, the property owners, are developing a 3-story parking garage that will straddle the utility easement. This parking garage will serve a 3-story professional office building that will be built to the east of the parking garage. A 10'general utility easement will be dedicated along the west boundary of the site to allow for the relocation of utilities from the easement to be abandoned. This abandonment request was sent to all interested parties. No negative responses have been received. BUDGETARYIMPACT None. i PREVIOUS ACTION At a Regular Meeting held November 17, 2003, the Planning Commission voted 7:0 to approve a request for the abandonment of a 16'x 316.89'public utility easement on the west side of Lots 1 and 2, east side of Lot 3, Block 2, Beaumont Medical Plaza Subdivision subject to the moving of any utilities that are located in the easement at the property owner's expense. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. i ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A 16' X 316.89' PUBLIC UTILITY EASEMENT ON THE WEST SIDE OF LOTS 1 AND 2, EAST SIDE OF LOT 3, BLOCK 2, BEAUMONT MEDICAL PLAZA SUBDIVISION IN CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT abandonment of a 16' x 316.89' public utility easement on the west side of Lots 1 and 2, east side of Lot 3, Block 2, Beaumont Medical Plaza Subdivision in Beaumont, Jefferson County, Texas as shown on Exhibits "A" and "B" attached hereto, be and the same is hereby abandoned subject to the moving of any utilities that are located in the easement at the applicant's expense. A 10' general utility easement will be dedicated along the west boundary of the site to allow for the relocation of utilities from the easement to be abandoned. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. i Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of November, 2003. - Mayor Evelyn M. Lord - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES That certain 0.1105 acre tract out of Lots 1, 2 and a part of Lot 3, Block 2 of Beaumont Medical Plaza, a plat recorded in Volume 13, Page 19 of the Map Records of Jefferson County, Texas, also being those called Tract IV (said Lot 1) and VIIA (said Lot 2 and a called 0.301 acre tract out of said Lot 3) tracts conveyed to Baptist Hospital of Southeast Texas as recorded in Clerks File No. 1999038214 of the Official Public Records of Real Property of Jefferson County, Texas, and a called 0.3026 acre tract conveyed to Baptist Hospital of Southeast Texas as recorded in Clerks File No. 2003001044 of the Official Public Records of Real Property of Jefferson County, Texas, said 0.1105 acres being more particularly described by metes and bounds as follows: Basis of Bearing is along the north right-of-way line of Medial Center Drive and the south line of said Lot 2 having been called South 89°58'51"West 250.00 feet. COMMENCING at a 5/8" iron rod found at the intersection of the said north right-of-way line of Medical Center Drive and the west right-of-way line of Hospital Drive for the southeast corner of said Lot 2; THENCE South 89`58'51"West along the said north right-of-way line of Medical Center Drive and the south Fine of said Lot 2 a distance of 241.77 feet (called South 89°58'51" West) to a point for the southeast torner of the said 0.1105 acre tract and the POINT OF BEGINNING; THENCE South 89'58'51"West continuing along the said north right-of-way line of Medical Center Drive and the said south line of Lot 2 a distance of 8.00 feet(called South 89 058'51"West) to a %:' iron rod found for the southwest comer of said Lot 2, the southeast comer of said Lot 3 and the said 0.3026 acre tract, and an angle point of the said 0.1105 acre tract THENCE South 89°59'25"West continuing along the said north right-of-way line of Medical Center Drive and the south line of said Lot 3 and the said 0.3026 acre tract a distance of 8.00 feet (called South 89°58'51"West) to a point for the southwest comer of the said 0.1105 acre tract; THENCE along the west line of the said 0.1105 acre tract with the following courses and distances; North 00°03'05" East a distance of 149.85 feet; North 00°06'32" East a distance of 53.15 feet; North 00°03'47" East a distance of 97.90 feet to a point in the south line of a 16- foot utility easement for the northwest comer of the said 0.1105 acre tract; THENCE South 89°56'36" East along the said south line of the 16-foot utility easement a distance of 8.00 feet to an angle point of the said 0.1105 aldre tract from which a %" iron rod found for the northwest corner of said Lot 2 and the northeast comer of said Lot 3 bears North 00003'47" East 16.00 feet; THENCE South 89°55'52" East continuing along the said 16-foot utility easement a distance of 8.00 feet to a point for the northeast comer of the said 0.1105 acre tract; THENCE along the east line of the said 0.1105 acre tract with the following courses and distances; South 00°03'47"West a distance of 97.91 feet; EXHIBIT "A" South 00°06'32"West a distance of 53.15 feet; South 00°03'05"West a distance of 149.83 feet to the POINT OF BEGINNING, and containing 0.1105 acres of land, more or less. i FILE 659-4B: Request for the abandonment of a 16' wide public utility easement on the west side of Lots 1 & 2,east side of Lot 3, Block 2, Beaumont Medical Plaza Subdivision. Applicant: Fittz and Shipman, Inc. FOUND 1 FOUND ROD MEDICAL SURCICAL CLINIC +rON Rao VOL Z. PC. 119. CA.1C. OWNERS 6APTIST HOSPITAL Q<SE TAUS %NCH.KAJAL t AHS SUITE I.BLDG A SLATE 4.BLDC A 21AX UND NT N CONY E n."TS 16,7;LINO NT N COPY ELEMENTS }. CLERKS FILE NO. 1999036211 CIERKS FILE NO. 1999039620. ..0 O.P.R.R.eAAC, O.P.R.R.P.1C. 11�NDy n ; CHS HEALTH A SOUTHEAST TX S�TUS A SOUTHEAST TX .� N N SUITE 1 17.4X UND NT M COW E104De 1S 20.$X UND NT N COMM ELEMENTS W y FILM CODE NO. 104-01-15M CLERICS FILE NO. 1324174, =L P RPA-tc. O.PAJLP_J.C. z S ° CHRISTUS HEALTH SOUTHEAST TX BAPTIST HOSPITAL OF SE TEXAS '^ SUITE 3.BLDG A SUITE 5. BLDC A 13.6%UND NT N COW ELDENTS OQ4%UND NT N COMM ELEMENTS O Q FILM CODE NO. 104-17-10610. CLERKS FLE NO. 1999036213. p u R.P.R.1C. O.P.R.R.P.1C. Z N v (CALLED N 0004'43 E 114.00')I FOUND R�/8 N 00"04'16" E 114.07' I R Rte• in;,,;;. L3EANOUT � I itb 50d NAL N a o 8 R ELE CTM S 24 PRrv41E ORIV F � � 5 p Ri RO[ .0 AM EASEMENT a ~- VOL nze. PG us.D.R.1G W� N 00'07'56" E 202 =98' � BAPTIST HOSPITAL OF w I (CALLED N 00 '43 E 20Z62) 31 SOUTHEAST TEXAS 1; 1 3: 99 CLERKS FILE NO. 19036214,S 1 i;n� � BAPTIST HOSPITAL OF LOT 3 y° O.PR.R_P.J.C. I Z Nevo$ SOUTHEAST TEXAS FR (TRACT VGA) 1(N 1Ij°ri CLERKS FIE NO. 200300104.4, e 8 O 1 CA 25 1FlOq^O OP.R.R.P.1C. no�� q� � 0 1ET.E PEDESTALS 140 IRCH D ° (01, q I Nc3 PEDESTALS I N V V E4 rn (CALED 5 OQU04'as" W 11!.00') 1 A L E S 00"03'47" W 113.90' u1 ,S 00�3 OS W 149.64 FaLRD 1/2'(cA11tD s oovr as'10 LTO S 0008 32" W u arras ACRE TtLACT �� s ooV.vs-'0 ELECrn1c �FCVW 1/2' TRANSFORMER I IRON ROD PONT OF r EACH E��T BECNNNC FOUND 1/2' I A I E>Qii61T '1' VO BE AeAP ONO) n9.+ ROD I =W I B L 0 C K 2 I <� Z s 2.421 ACRES � Z I� W0- <<i I? 3N IW7 I xQ0 gR V) LOT 2 Wz m I � LOT 1 q °I v En I BAPTIST HOSPITAL OF iv In BAPTIST HOSPITAL OF >�� aFeR SOUTHEAST TEXAS es q SOUTHEAST TEXAS CLERKS FILE N0. 1999036214, CLERKS FI E N0. 1999036214. 1n= (TRACT VIA) Z" J.C.. N (TRACT I In 3 I I v 1 I I I I i I I FIBER I 16'UTILITY EASEME7T 1 OPTIC PEDESTAL 1—————VOL�z PF^ 233.OR.1G VOL 194j M 30,EASEMENT 1C CLCAN�UTCT--------.--- �-— —— __._——_—___ —— WATER -TO-IAMA7 YVM9EIF RE�S W.T- -VOL 11 S 00'06 22 W 149.68 (CAUEO s D/V4.45-W 150.0o7 S 00'04'35" W 166.62' COLIUENCMC F� ___. F S/r (CALLED S 0OV4'4s-W 166.62') FOUND 1/2" PO*ff POM�6 R06 RON ROD EXHOT •1* HOSPITAL. DRIVE NOTE THM EXISTS A 10-FOOT NOE UNDERCROu o OW (ASPHALT PAVEMENT) EASEMENT. 5 FEET ON EACH SIDE OF THE SERVICE (60'R0.W.) LINE. ANCE (b0.2157.PG.B2 AND VOL.2196.M 19&DJL.LC.) FRe66E3�otRECllow Ll Qs t • L2 • L3���E Tgtq L4 E 311 Ls a U 3 66`ib E 6. EXHIBIT "By) 6 November 25,2003 Consider approving a resolution accepting the bequest of$100,000 from the estate of Elizabeth Gilbert Fortune for the operation, maintenance, continuation and/or expansion of the Tyrrell Historical Library i City of Beaumont 79ij Council Agenda Item ,Wulmnownemmumm TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Maurine Gray and Lane Nichols MEETING DATE: November 25, 2003 AGENDA MEMO DATE: November 17, 2003 REQUESTED ACTION: Resolution accepting the bequest of$100,000 from the estate of Elizabeth Gilbert Fortune for the operation, maintenance, continuation and/or expansion of the Tyrrell Historical Library RECOMMENDATION The Administration recommends adoption of a resolution accepting the bequest of$100,000 from the estate ofElizabeth Gilbert Fortune for the operation,maintenance,continuation and/or expansion of the Tyrrell Historical Library. BACKGROUND Elizabeth Gilbert Fortune,a renowned Indianapolis hostess and philanthropist,came from one of the most prominent family names here since Spindletop. Fortune's ancestors settled Connecticut and Texas. She was a direct descendant of Matthew Gilbert, first deputy governor of the New Haven colony and of Josiah Pugh Wilbarger,a patriot and Stephen F.Austin's chief surveyor of Texas. Her great-grandfather, Nathan Gilbert, purchased the first acreage for oil production here. Her grandfather, John Nathan Gilbert, headed the Higgins Oil Company formed by Patillo Higgins. Fortune married into more money and one of the most prominent families in Indianapolis. Her husband, Robert Fortune, and his family invested heavily in Eli Lilly stocks,ran the Indianapolis Telephone Company,and founded the Indianapolis Red Cross and the Chamber of Commerce. She and her husband were prolific philanthropists, donating thousands to medical research and artistic endeavors. Mrs. Fortune passed away on June 9, 2002 in Indianapolis at the age of 83. She is buried in Magnolia Cemetery in the Gilbert family plot. She left bequests to a number of people and groups in Beaumont and in Indianapolis,including$1 million to St.Marks Episcopal Church,$1 million to the Art Museum of Southeast Texas, and $100,000 to the Tyrrell Historical Library. Bequests outside Beaumont include $500,000 to the Indianapolis Museum of Art, $1 million to the Indiana University School ofMedicine,$150,000 to the Purdue University Veterinary School,and$500,000 SAANGIE'agenda kem.wpd i to Connecticut College. After all bequests are made, the balance of her estate will go to the Foundation of Southeast Texas to assist with the restoration of the Gilbert Building. BUDGETARY IMPACT This bequest will enable the Tyrrell Historical Library to continue as an excellent historical genealogical library with less impact on the General Fund of the City. PREVIOUS ACTION None SUBSEQUENT ACTION None SAANGOagenda item.wpd i 7 November 25, 2003 Consider approving a resolution endorsing the Port of Beaumont's Rail Expansion Plan and supporting the Port's efforts to obtain funding for construction of the Rail Expansion Plan �r...a. City of Beaumont•u• Council Agenda Item ' - K g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: November 25, 2003 AGENDA MEMO DATE: November 20, 2003 REQUESTED ACTION: City Council approve a resolution endorsing the Port of Beaumont's Rail Expansion Plan and supporting the Port's efforts to obtain funding for construction of the Rail Expansion Plan. RECOMMENDATION Administration recommends approval of a resolution endorsing the Port of Beaumont's Rail Expansion Plan and supporting the Port's effort to obtain funding for the Rail Expansion Plan. BACKGROUND The Port of Beaumont has undertaken a plan for the relocation of the Port's rail interchange yard from the west bank of the Neches River to other Port property.The relocation of the rail interchange yard would allow for the development of the City's downtown riverfront area for recreational, entertainment and other commercial enterprises. This development would promote and enhance the quality of life for the citizens of Beaumont.Additionally,the Rail Expansion Plan would provide for the continued growth ofthe Port ofBeaumont operations and the positive economic impacts derived therefrom.The plan would also promote port and inter-modal transportation security which is critical in the Port's role in handling military cargo in support of national security and national defense. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director i RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF BEAUMONT, TEXAS, THAT: WHEREAS, The Port of Beaumont Navigation District of Jefferson County, Texas has undertaken a plan for the relocation of the Port of Beaumont's rail interchange yard from the west bank of the Neches River to other Port property adjacent to its docks and wharves as herein referred to at the 'Tort of Beaumont Rail Expansion Plan", and, WHEREAS, The economic development of the City's downtown riverfront area for recreational, entertainment and other commercial enterprises designed to promote and enhance the quality of life for the citizens of Beaumont is vital for the continued growth of Beaumont, and WHEREAS, The Port of Beaumont Rail Expansion Plan supports the City's efforts to promote economic development along the Neches Riverfront in downtown Beaumont, Texas, and, WHEREAS, The Port of Beaumont Rail Expansion Plan also provides for continued growth of Port of Beaumont operations and the positive economic impacts derived therefrom for the City of Beaumont and surrounding area, and, WHEREAS, The Port of Beaumont Rail Expansion Plan promotes railroad and vehicular transportation efficiency and related improvements to air quality within the City, and, WHEREAS, The Port of Beaumont Rail Expansion Plan promotes port and intermodal transportation security, which is vital to the security of the Port of Beaumont and to homeland security in the City of Beaumont and surrounding areas and which is critical to the Port's role in handling military cargo in support of national security and national defense, and, WHEREAS, This City Council of the Beaumont strongly supports the Board of Commissioners of the Port of Beaumont in its efforts to relocate the Port's rail interchange yard, and the Port of Beaumont Rail Expansion Plan, NOW, THEREFORE BE IT RESOLVED, the City Council of Beaumont does hereby approve and endorse the Port of Beaumont Rail Expansion Plan and does approve and support the Port of Beaumont in its efforts to obtain funding for and construction of the Port of Beaumont Rail Expansion Plan, AND PROCLAIMS that this resolution shall be made a part of the permanent record of the City of Beaumont. PASSED BY THE CITY COUNCIL OF BEAUMONT, TEXAS,this 25th day of November 2003. Mayor Mayor Pro Tem Councilmember At-large Councilmember Ward 1 Councilmember Ward 2 Councilmember Ward 3 Councilmember Ward 4 SEAL I City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 25, 2003 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments John Weitzel would be reappointed to the Small Business Revolving Loan Fund Advisory Committee. The current term would expire October 22, 2005. (Councilmember Lulu Smith) A) Approve the payment of Fiscal Year 2004 South East Texas Regional Planning Commission membership dues B) Authorize the City Manager to execute an lnterlocal Contract Relating to the Planning, Development, Operation, and Provision of 9-1-1 Service and the use of 9-1-1 funds between the South East Texas Regional Planning Commission and the City of Beaumont C) Authorize the granting of a Pipeline License Agreement to ExxonMobil Oil Corporation to cross Sycamore Street D) Authorize the City Manager to execute all documents necessary to accept the project titled"FY2004 Step Wave" E) Approve the settlement of a claim F) Approve the settlement of a claim I A City of Beaumont Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: November 25, 2003 AGENDA MEMO DATE: November 19, 2003 REQUESTED ACTION: Consider authorizing the payment of Fiscal Year 2004 South East Texas Regional Planning Commission membership dues in the amount of$29,280.19. RECOMMENDATION The Administration recommends approval of the payment of$29,280.19 for membership dues to the South East Texas Regional Planning Commission. BACKGROUND The City of Beaumont and other governmental entities in Southeast Texas pay membership dues to the South East Texas Regional Planning Commission(SETRPC)on an annual basis to help fund their operations as well as programs in the areas of Criminal Justice,Area Agency on Aging,Foster Grandparents, Retired Senior Volunteers and a Homeless Coalition. BUDGETARY IMPACT Funds are budgeted and available in the FY 2004 General Fund budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager and Finance Officer I South East Texas Regional Planning Commission 2210 Eastex Freeway Beaumont, Texas 77703-4929 (409)899-8444 October 20, 2003 INVOICE City of Beaumont P. O. Box 3827 Beaumont, Texas 77704 FY 2,004 SETRPC MEMBERSHIP JIVES SETRPC DUE`S $ 5,693.30 Criminal 7ustio-e'Pr`dgr� ` 1874.34 AAA Program 5,451.51 Homeless Coalition 8,298 56 FGP Program 2,661.28 RSVP Program 4.301.20 Total Invoice $29,280.19 THANK YOU PLEASE RETURN YELLOW COPY WITH PAYMENT i Cit y of Beaumont ~ Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED: Tom Scofield, Chief of Police MEETING DATE: November 25, 2003 AGENDA MEMO DATE: November 18, 2003 REQUESTED ACTION: Consider a Resolution authorizing the City Manager to execute an Interlocal Contract Relating to the Planning, Development, Operation, and Provision of 9-1-1 Service and the use of 9-1-1 funds between the South East Texas Regional Planning Commission and the City of Beaumont. RECOMMENDATION Administration recommends authorizing the City Manager to execute an Interlocal Contract related to the planning, development, operation and provision of 9-1-1 service and use of 9-1-1 funds. BACKGROUND The Contract was developed in cooperation with Legal Counsel and the Commission on State Emergency Communications (CSEC) and meets the State of Texas requirements of program and system accountability regarding the 9-1-1 program. In addition,the Contract outlines the roles and responsibilities of the South East Texas Regional Planning Commission (SETPRC) and Local Governments in the provision of 9-1-1 Service. BUDGETARY IMPACT None. PREVIOUS ACTION This contract supercedes the previous "Interlocal Contract for Public Safety Answering Point Maintenance,Equipment Upgrade,and Training"entered into by the City ofBeaumont and SETRPC. SUBSEQUENT ACTION None. i RECOMMENDED BY City Manager and Chief of Police. RECOMMENDED MOTION Accept/Deny the Resolution authorizing the City Manager to execute Interlocal Contract related to the Planning,Development, Operation and Provision of 9-1-1 Service and the Use of 9-1-1 Funds.. I Emergency Communications ID South East Texas November 12, 2003 Regional Planning Commission Capt. Melissa Ownby Communication Supervisor Beaumont Police Department P. O. Box 3827 Beaumont, TX 77701 Dear Capt. Ownby: Enclosed is an"Interlocal Contract Relating to the Planning, Development, Operation and Provision of 9-1-1 Service and the Use of 9-1-1 Funds." The Contract was developed in cooperation with Legal Counsel and the Commission on State Emergency Communications (CSEC) and meets the State of Texas requirements of program and system accountability regarding the 9-1-1 program. In addition, the Contract outlines the roles and responsibilities of the South East Texas Regional Planning Commission(SETRPC) and Local Governments in the provision of 9-1-1 service. This Contract supercedes the previous "Interlocal Contract for Public Safety Answering Point Maintenance, Equipment Upgrade, and Training" entered into by your agency and the SETRPC. The only substantive change in this Contract is Section 3.7 which states that SETRPC will provide 9-1-1 funds to a Public Agency on a reimbursement basis. While these Contracts generally renew annually, as stated in Section 4.1, SETRPC felt it necessary to execute a new Contract based on legislative requirements and CSEC rules. Two (2) originals of the Contract are enclosed for review and adoption by the City Council. Please return both of the signed Contracts to Gina LaRocca, 9-1-1 Operations Manager, 2210 Eastex Freeway, Beaumont, Texas 77703. Upon adoption by SETRPC, a fully executed original will be returned to you for your files. Should you have any questions,please contact me or Gina LaRocca at (409) 724-1911. Sincerely, Pete De La Cruz, Director 9-1-1 Emergency Communi ions PD/gl Enclosure 2210 Eastex Freeway ■ Beaumont, Texas 77703 ■ (409) 724-19 1 1 ■ Fax (409) 347-1953 I SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION 9-1-1 EMERGENCY COMMUNICATIONS INTERLOCAL CONTRACT RELATING TO THE PLANNING, DEVELOPMENT, OPERATION AND PROVISION OF 9-1-1 SERVICE AND THE USE OF 9-1-1 FUNDS This Contract is entered into between the South East Texas Regional Planning Commission and the City of Beaumont , Texas I South East Texas Regional Planning Commission INTERLOCAL CONTRACT FOR PLANNING,DEVELOPMENT, OPERATION AND PROVISION OF 9-1-1 SERVICE AND USE OF 9-1-1 FUNDS Parties and Purpose 1.1 The South East Texas Regional Planning Commission(SETRPC) is a regional planning commission and political subdivision of the State of Texas organized and operating under the Texas Regional Planning Act of 1965, as amended, Chapter 391 of the Local Government Code. SETPRC has developed a Strategic Plan for the administration and operation of 9-1-1 emergency telephone service which has been approved by the Commission on State Emergency Communications (CSEC). 1.2 The City of Bea mont (Public Agency) is a Texas municipality that operates one or more Public Safety Answering Points(PSAP) that assist in implementing the Strategic Plan as authorized by Chapter 771 of the Health and Safety Code. 1.3 This contract is entered into between SETRPC and Public Agency under Chapter 791 of the Government Code. This contract relates to the planning, development, operation and provision of 9-1-1 service,the use of 9-1-1 funds and adherence to applicable law. Goods and Services 2.1 Public Agency agrees to: (1) cooperate with SETRPC in acquiring and installing necessary equipment for the 9-1-1 system; (2) comply with applicable provisions of the Uniform Grant Management Standards, as established by the Governor's Gffice of Budget and Planning, under the authority of Chapter 783 of the Texas Government Code. (3) Public Agency agrees to comply with the-Uniform Grant Management Standards, applicable law, and SETRPC policies, as outlined in Section 3 of this contract, related to ownership,transfer of ownership, and/or control of equipment acquired with 9-1-1 funds in connection with providing 9-1-1 service; (4) abide by all rules,regulations,performance training standards, etc. adopted by SETRPC and CSEC or its successor agency; (5) purchase supplies such as printer paper,printer ribbons, cleaning materials, etc. necessary for the continuous operation of PSAP(s); 2 i (6) secure the premises of PSAP(s) against unauthorized entrance and protect the 9-1-1 equipment from unauthorized use; (7) practice preventive maintenance for the 9-1-1 equipment, including at a minimum, testing emergency power generators periodically, and ensuring that all equipment is working properly; (8) participate in emergency communications training for call- takers/dispatchers as scheduled and provided by SETRPC; (9) complete such reports and other documentation as may be reasonably required by CSEC,the PSAPs, SETRPC, or the service provider. E 9-1-1 Equipment Purchasing and Leasing 3.1 (a) SETRPC hereby agrees to provide services and equipment, whether purchased or leased, for Public Agency including all non-recurring and monthly recurring charges for equipment and network charges as approved by the CSEC. SETRPC also agrees to provide for repairs,updates to and replacement of equipment as deemed necessary by SETRPC and as approved by the CSEC. (b) All leased equipment remains the sole property of the lessor. 3.2 Except as noted in paragraph 3.6, SETRPC owns all 9-1-1 equipment purchased on behalf of Public Agency with emergency service fees. Public Agency is licensed to use the 9-1-1 equipment in providing enhanced 9-1-1 emergency telephone services. 3.3 Public Agency agrees to notify SETRPC in writing before encumbering, transferring, or otherwise disposing of the 9-1-1 equipment. In addition, Public Agency and PSAP(s) shall reimburse SETRPC and/or the CSEC, as applicable,for damage to 9-1-1 equipment caused by intentional misconduct, abuse,misuse,or negligence by PSAP employees,normal wear and tear or ordinary day to day use of equipment excepted. Further, upon the installation of any additional equipment or software by SETRPC,Public Agency agrees to comply with the provisions of Exhibit"A"attached hereto and incorporated herein as referenced. 14 Public Agency acknowledges that SETRPC representatives will visit Public Agency on a regular basis to monitor functionality and use of all equipment associated with 9-1-1 call handling and processing and on an annual basis to conduct a physical inventory of all said equipment. 3.5 Paragraphs 3.1, 3.2 and 3.3 survive the expiration or early termination of this contract and continue in effect so long as Public Agency uses the 9-1-1 equipment. 3 i 3.6 When 9-1-1 equipment is purchased with a combination of monies from Public Agency and emergency service fees, SETRPC may elect to transfer ownership of said equipment to Public Agency. SETRPC will provide Public Agency with a "Certification of Purchase by City/County/Agency Transfer of Ownership"document outlining the responsibilities of Public Agency. Those responsibilities include,but are not limited to, maintenance of equipment and ensuring equipment is fully functional at all times. Additionally, Public Agency shall provide adequate insurance policies on said equipment to provide for replacement of equipment in cases of loss where applicable. 3.7 SETRPC will provide 9-1-1 funds to Public Agency and/or PSAP(s)on a reimbursement basis using a monitoring process that provides assurances that the reimbursement requests from the Public Agency and/or PSAP(s) are complete, accurate and appropriate. Effective Date and Term of Contract 4.1 The term of this contract shall be one(1) year, effective on , and shall continue from year to year thereafter unless any party involved gives sixty(60) days written notice to the other. Independent Contractor 5.1 Public Agency is not an employee or agent of SETRPC,but furnishes services under this contract solely as an independent contractor. Assignment and Subcontracting 6.1 Public Agency may not assign its rights or subcontract its duties under this contract without the prior written consent of SETRPC. An attempted assignment or subcontract in violation of this paragraph is void. 6.2 If SETRPC consents to subcontracting, each subcontract is subject to all of the terms and conditions of this contract, and Public Agency agrees to furnish a copy of this contract to each of its subcontractors. Records 7.1 Public Agency agrees to assist SETRPC,where applicable,in maintaining a current inventory of all 9-1-1 equipment, consistent with the Uniform Grant Management Standards and applicable federal and state law. 7.2 Public Agency and PSAP(s) agree to comply with SETRPC requirements for documenting and reporting 9-1-1 data base errors and ANVALI problems. 4 I 7.3 Public Agency and PSAP(s) agree to maintain, consistent with Uniform Grant Management Standards and applicable federal and state law, adequate fiscal records and supporting documentation for all 9-1-1 funds distributed to Public Agency and PSAP(s) and all 9-1-1 funds spent by such Public Agency and PSAP(s) for 9-1-1 service, with specific detail for 9-1-1 funds received or spent relating to addressing or addressing data base maintenance activities. 7.4 Subject to the additional requirement of paragraph 7.5, Public Agency agrees to preserve records, at a minimum, for three years. 7.5 If an audit of or information in the records is disputed or the subject of litigation, Public Agency agrees to preserve the records until the dispute or litigation is finally concluded, regardless of the expiration or early termination of this contract. 7.6 SETRPC is entitled to inspect and copy, during normal business hours at Public Agency's offices where they are maintained,the records maintained under this contract for as long as they are preserved. 7.7 SETRPC is also entitled to visit Public Agency's offices, talk to its personnel,monitor and inventory equipment, and audit its records, all during normal business hours,to assist in evaluating its performance under this contract. 7.8 CSEC, the Texas State Auditor, and/or their duly authorized representatives, shall have access to and the right to examine all books, accounts,records, files, and/or other papers, or property pertaining to the 9-1-1 service,belonging to or in use by the Public Agency,PSAP(s), or by any other entity that has performed or will perform addressing or addressing data base maintenance activities. Nondiscrimination and Equal Opportunity 8.1 Public Agency shall not exclude anyone from participating under this contract, deny anyone benefits under this contract,or otherwise unlawfully discriminate against anyone in carrying out this contract because of race, color, religion, sex, age, disability,handicap, or national origin. - Dispute Resolution 9.1 The parties desire to resolve disputes arising under this contract without litigation. Accordingly, if a dispute arises,the parties agree to attempt in good faith to resolve the dispute between themselves. To this end,the parties agree not to sue one another, except to enforce compliance with paragraphs 9.1-9.2,until they have exhausted the procedures set out in these paragraphs. 5 i 9.2 At the written request of either party, each party shall appoint one nonlawyer representative to negotiate informally and in good faith to resolve any dispute arising under this contract. The representatives appointed shall determine the location, format, frequency, and duration of the negotiations. 9.3 If the representatives cannot resolve the dispute within 30 calendar days after the first negotiation meeting, the parties agree to refer the dispute to the Dispute Resolution Center of Jefferson County for mediation in accordance with the Center's mediation procedures by a single mediator assigned by the Center. Each party shall pay half the cost of the Center's mediation services. 9.4 The parties agree to continue performing their duties under this contract, which are unaffected by the dispute, during the negotiation and mediation process. Suspension for Unavailability of Funds; Withholding,Decrease or Reimbursement of Funds Due to Non-compliance 10.1 Public Agency acknowledges that SETRPC's sole source of funding for this contract is 9-1-1 emergency service fees. If fees sufficient to administer the program are not appropriated by the Texas Legislature and received by SETRPC, SETRPC may suspend administration of the program and training responsibilities under this contract by giving Public Agency notice thereof. 10.2 Public Agency acknowledges that SETRPC may withhold, decrease or seek reimbursement of 9-1-1 funds in the event such funds are or were used in non- compliance with applicable federal or state law. Further,Public Agency and PSAP(s) shall return or reimburse SETRPC and/or CSEC, as applicable, any 9-1-1 funds used in non-compliance with applicable law. Such return or reimbursement of 9-1-1 funds to SETRPC and/or the CSEC, as applicable, shall be made by the Public Agency or PSAP(s)within sixty(60) days after demand by SETRPC, unless an alternative repayment plan is approved by SETRPC and CSEC. Termination for Convenience 11.1 Either party may terminate this contract in its entirety for convenience by giving the other notice of intent to terminate. After the notice is received,the parties shall negotiate in good faith the terms and effective date of the termination. In any event, however, this contract terminates 60 calendar days after a party receives the notice of termination. Notice to Parties 12.1 Notice to be effective under this contract must be in writing and received by the party against whom it is to operate. Notice is received by a party; (1)when it is delivered to the party personally; (2)when a party receives a facsimile of the notice, as confirmed by the sender's facsimile machine; (3) on the date shown on the return receipt 6 if mailed by registered or certified mail, return receipt requested, to the party's address specified in paragraph 12.2 and signed on behalf of the party; or(4)three business days after its deposit in the United States mail, with first-class postage affixed, addressed to the party's address specified in paragraph 12.2. 12.2 SETPRC's address is 2210 Eastex Freeway, Beaumont, Texas 77703 Attention: 9-1-1 Director. SETRPC's telephone number is (409) 724-1911, and its facsimile number is (409) 347-1953. Public Agency's address is 255 College Beaumont, T% 77704 Attention: Capt. Melissa Ownby Public Agency's telephone number is 409-880-3881 , and its facsimile number is 409-880-1010 12.3 Public Agency agrees to notify SETRPC of a change of address or contact information by providing notice of the change in accordance with paragraph 12.1. Further Agreements; Miscellaneous 13.1 By their respective signatures below, SETRPC, Public Agency, and PSAP(s) , as applicable, commit to continue addressing and addressing data base maintenance activities in accordance with the SETRPC Regional Plan developed and approved in accordance with Texas Health&Safety Code, Section 771.055, as amended, as a condition of the receipt of 9-1-1 funds as prescribed by the SETRPC Strategic Plan to establish and maintain 9-1-1 emergency service. 13.2 Each individual signing this contract on behalf of a party warrants that he or she is legally authorized to do so and that such party is legally authorized to perform the obligations undertaken. 13.3 This contract states the entire agreement of the parties, and an amendment to this contract is not effective unless in writing and signed by all parties. 13.4 The following Attachments are part of this contract: Attachment 1 ANVALI Problem Report 13.5 This contract is binding on and inures to the benefit of the parties' successors in interest. 7 i 13.6 This contract is executed in duplicate originals. CITY OF SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION By By Chester R. Jourdan, Jr. Name: Executive Director Title: Date: Attest: City Clerk s � I EXHIBIT A PSAP RULES REGARDING 9-1-1 EQUIPMENT 1. Only the designated Dispatch Supervisor or other designated supervisor is to have the administrative password or security code for the 9-1-1 computer equipment. 2. No unauthorized software is to be loaded onto the 9-1-1 system. 3. No unauthorized personnel are to service or repair the 9-1-1 system components. 4. No unauthorized personnel are to use the 9-1-1 system. 5. PSAP personnel are responsible for reporting any hardware or software problems to the appropriate service provider and/or SETRPC within a reasonable period from the time the problem is first detected. 6. Public Agency and PSAP(s) shall be liable for expenses incurred by the SETRPC in repairing or replacing software or hardware that must be replaced due to abuse or negligence or as a direct result of any violation of the rules stated herein. 7. Public Agency and PSAP(s)will not be held monetarily liable for costs incurred for items that are covered by warranty, or if they are the result of an incident over which they have no control(i.e. lightning,water as a result of flooding,power failure,etc.) 8. The PSAP agency will operate a 24-hour dispatch service at the PSAP site in order to- assure quality and to continue to operate as a PSAP. 9. Failure to abide by these rules may result in the SETRPC terminating this agreement and not placing a PSAP at that location. 9 i i ATTACHMENT 1 S00h East Texas 9-1 -1 D � 9'-' �� ANI/ALI Problem Report [11p,(4, Fax#(409 7-1963 PSAP CALL-TAKER NAME i Date: ANI ESN: TIME: ANI FLASHING ! ANI STEADY i DISPLAYED NAME: i DISPLAYED ADDRESS: DISPLAYED COMMUNITY: WIRELESS CALL BACK NUMBER: WIRELESS SERVICE PROVIDER(WSP): PHONE TYPE i (CIRCLE ONE) BUSN RESD WIRELESS COIN CTX PBX OTHER RECORD i INCORRECT :----i INFORMATION _...;FOREIGN NOT FOUND ' ADDRESS -- I ERROR 'EXCHANGE MISROUTE, - 'SEND TO: `ESN INCORRECT-CHANGE TO: POLICE: FIRE: CORRECT INFORMATION FROM CALLER(WIRELINE OR WIRELESS: NAME: TELEPHONE NUMBER: ADDRESS: COMMUNITY: j LOCATION OF WIRELESS CALLER: REMARKS SETRPC 9-1-1 USE DATE ENTERED: PROBLEMS: LOG ID#: DATE RESOLVED: 10 1 C P Pot City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: November 25, 2003 AGENDA MEMO DATE: November 13, 2003 REQUESTED ACTION: Council consider a resolution authorizing the granting of a Pipeline License Agreement to ExxonMobil Oil Corporation to cross Sycamore Street. RECOMMENDATION ExxonMobil Oil Corporation has requested permission to install two (2) - sixteen (16) inch pipelines approximately 95.1 feet across Sycamore Street. The pipelines are for the purpose of transporting natural gas and will be constructed in accordance with City requirements. Administration recommends authorization to grant a Pipeline License Agreement. BACKGROUND None. BUDGETARY IMPACT There is a one-time fee of$500 for the Pipeline License Agreement and an annual fee of$190, which represents$2.00 per linear foot of pipeline crossing the 95.1 foot right-of-way of Sycamore Street. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager, Public Works Director and City Engineer. Engexxon-mobiljipeline-ib.wpd November 13,2003 JEFFERSON COUNTY, TEXAS DAVID BROWN LEAGUE, A-5 <� ORE STREET _ PROPOSE 2-16" PIPELINES EDGE. 70' oy� o \ o k \o \O a� i \O �' N 7 y y r� 00 0 0 to ILO 1p \3 O G A t^ / ZZ '4 t A 2A PROPOSED 2 - 16" PIPELINES CROSSING SYCAMORE STREET CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS: COUNTY OF JEFFERSON: Business Name: ExxonMobil Oil Corporation Business Phone: } Business Address: P. 0. Box 3311 Beaumont TX 77705 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein hereby grants to ExxonMobil Oil Corporation hereinafter called "Licensee", the license td'lay;`ihaintaiii!operate replace;'or remove a pipeline for the transportation of oil, gas, water, or their products, on or across the following streets, alleys and easements or other right-of-way situated in The City of Beaumont, Jefferson County, Texas, to-wit: Street Name or R.O.W Description Length (Linear Feet) -Sycamore Street 95.1 1 COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: o License Agreement fee - $500.00 o Annual fee of$2.00 per linear foot of pipeline located within the City right- of-way. Said fee shall be reset on January 31, 2001 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. o Street Cut and Barricading Permit to work in the City right-of-way: $10.00 for permit, plus $5.00 per day for each location. All fees, including the first annual fee for linear foot usage and Street Cut and Barricading Permit shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: o Licensee does not intent to sell product for resale from the covered pipeline - to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The street rental fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. o All pipelines crossing public rights-of-way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. o The pipeline shall be constructed in such a manner as approved by the City and/or the Texas Department of Transportation so as it does not interfere with the use of the public streets and alleys. 2 o The pipeline shall be installed a minimum of five (S) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. o Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. o Operations along roadways shall be performed in such a manner that all excavated materials will be kept off the pavements at all times, as well as - - - - -- _211-operating:equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface °or-structures.•The,cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. o Barricades, warning signs and lights, and flagpersons shall be provided,by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. o Any construction which takes place in, on, under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. 3 o Any licenses, permits or agreements required by another government entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said government entity, then documentation - regarding such will be provided to the City of Beaumont. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. (1"=2,000' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. o Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (see Cost of License) - -- o Installation will be done in accordance with all City standards and statutes of the State of Texas. 4 REQUIRED COVERAGE: o Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the . following minimum coverage: o Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident o Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. o- Licensee shall have in force with the City a surety bond in the principal amount of $100,000.00. The bond shall be payable to the City of _ . Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall be good and in effect for a period of one (1)year from the date of completion of construction of the pipeline. o Licensee shall indemnify, save and hold harmless The City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. o If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the streets, alleys, or easements mentioned herein. 5 d i Licensee shall not be entitled to prosecute or maintain a claim against The City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W. o City will use it's best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or changes to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number - shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the - -- phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be located. o City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. 6 o Whenever by reason of the change in the grade of any street occupied by Licensee's pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of License thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the_ benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. NOTIFICATION/INSPECTION: - _ o Any and all work to-performed on City right-of-way (R.O.W.) Shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to r �� ensure,compliance with construction standards. o Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. o Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 7 f SPECIAL CONDITIONS: Nonassignable This license is personal to the Licensee. It is nonassignable and any attempt to assign this li cense will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: ExxonMobil oil corporation P.O. Box 3827 -Beaumont, Texas 77704 Address of Licensee: P. 0. Box 3311 — ---Attn: City Manager City and State of Licensee: Beaumont. Tx 77704 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 8 i Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 CITY OF BEAUMONT, TEXAS By: Kyle Hayes, City Manager ATTEST: City Clerk APPLICANT'S COMPANY NAME: (Licensee) ExxonMobil Oil Corporation Represented by: L�,�—I 1,1:�. I Attorney-in-Fact Title ATTEST: By: Secretary DRWIPELINE Revised 2-03-2000 9 Dr 'o 1W 21 r► -Aii A VII Op. Z 11 • K -0 C> Orf w 0 L do • Cn Fw va. 00 1 0 z m CA zc-) 0 cp z CA -0 I fit, CA i CA 0 iL j Z . ? 4.14 - D �r City of Beaumont a ON Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED: Tom Scofield, Chief of Police MEETING DATE: November 25, 2003 AGENDA MEMO DATE: November 19, 2003 REQUESTED ACTION: Consider a Resolution authorizing the City Manager to execute all documents necessary to accept the project titled "FY2004 Step Wave". RECOMMENDATION Administration recommends authorizing City Manager to execute all documents necessary to accept the project titled"FY2004 Step Wave". BACKGROUND In January, 1999, the City Council passed a resolution authorizing the city to apply for matching funds for a traffic safety"Safe and Sober S. T. E. P." grant project. The Police Department has successfully applied for and the City Council approved several traffic safety grants since that one. This grant application will provide funding for a"FY2004 S. T. E. P. Wave" grant program. The grant would be in the amount of twelve thousand, four hundred ninety three dollars ($12,493.00) from the Texas Department of Transportation without a requirement of any city"match"funding. BUDGETARY IMPACT City would receive grant funding in a total amount of twelve thousand, four hundred ninety three dollars, ($12,493.00) with no required city match funding. PREVIOUS ACTION The City has participated in"S. T. E. P."traffic enforcement grants in prior years. SUBSEQUENT ACTION None � I RECOMMENDED BY City Manager and Chief of Police RECOMMENDED MOTION Accept/Deny the Resolution authorizing the City Manager to execute all documents necessary to accept the project titled"FY2004 Step Wave". � I Nov 18 03 09: 55a Beaumont Police Rdmin (409)880-3844 p. 2 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible to receive funding to assist in highway safety enforcement;and, WHEREAS,the City of Beaumont recognizes that the safety and security of the motoring public is of paramount concern to the City;and SAS, the City of Beaumont strives to enhance the safety of the motoring public; and, WHEREAS, ,grant funding through the Texas Department of Transportation would assist in enhancing the safety of the motoring public and reducing motor vehicle crashes which often result in loss of life or personal injury,and WHEREAS,traffic safety enforcement and encouragement of safe driving habits is a significant goal of the Beaumont Police Department,and WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible fnr federal reimbursement funding in an amount not to exceed Twelve Thousand Four Hundred and Ninety-Three($ I2,493)Dollars pursuant to the projects titled"FY04 S.T.E.P. Waves". WHEREAS,the City of Beaumont has agreed to contribute One Thousand Six Hundred and Fifty-Eight dollars as their portion of the costs for the projects titles"FY04 S.T.E.P. Waves" which are Thanksgiving 2003 holiday,Child Passenger Safety Week 2004, Memorial Day 2004 holiday, and Labor Day 2004 holiday. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager of the City of Beaumont, be, and is hereby, authorized to execute all documents necessary to accept the project"FY04 S.T.E.P. Waves"and take such action as necessary to implement the project which occurs between November I e 2004 and September =d 2004;and, Nov 18 03 09: 55a Beaumont Police Rdmin (409) 880-3844 p. 3 Accept and disburse the federal reimbursement grant funding in the amount not to exceed Twelve Thousand four Hundred and NmetyUhree($12,493)Dollars;and, Take such other actions and execute such documents as may be necessary and appropriate to implement the purpose and objectives of the"FY04 S.T.ER Waves"project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the_day of 2003 � I E City of Beaumont •r• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Matt Martin, Liability Administrator MEETING DATE: November 25, 2003 AGENDA MEMO DATE: November 20, 2003 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of Maurice Gardner. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Maurice Gardner. BACKGROUND Council authorized the settlement of this claim in Executive Session November 18, 2003. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay the settlement amount of$22,000 to Maurice Gardner and Loncar&Associates. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. SAGENDAIAGENDA ITEM MEMOSIGARDNER-11-25-03.wpd City of Beaumont r• Council Agenda Item ML TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Matt Martin, Liability Administrator MEETING DATE: November 25, 2003 AGENDA MEMO DATE: November 20, 2003 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of Michael Harris. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Michael Harris. BACKGROUND Council authorized the settlement of this claim in Executive Session November 18, 2003. BUDGETARYIMPACT There are sufficient funds in the Liability Trust Fund to pay the settlement amount of$12,500 to Michael Harris and Loncar&Associates. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. SAGENDAVAGENDA ITEM MEMOSWARRIS-11-25-03.wpd