HomeMy WebLinkAboutPACKET JUNE 22 2004 2 swan
City of B ®wont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JUNE 22, 2004 1.30 P.M.
AGENDA
CALL TO ORDER
Invocation fledge Roll Call
* presentations and Recognition
public Comment: persons may speak on scheduled agenda items 1-4/Consent
Agenda
Consent Agenda
GENERAL BUSINESS
1. Consider amending Section 28-50, Water Service Rates and Section 28-51,
Sanitary Sewer Service Rates of the Code of Ordinances to provide increases in
the water and wastewater rates to fund recommended capital improvements
2. Consider authorizing the City Manager to increase the Sanitary Sewer System
Improvements East ]Lucas interceptor Rehabilitation project amount for"extra
work"
3. Consider authorizing the City Manager to increase the Sanitary Sewer
Rehabilitation of Small Diameter Mains Contract Mill project amount for "extra
work"
4. Consider approving an annual contract for the purchase of limestone base material
COMMENTS
Councilmembers/City Manager comment on various matters
Public Comment (persons are limited to 3 minutes)
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
June 22,2004
Consider amending Section 28-50, Water Service Rates and Section 28-51, Sanitary Sewer
Service Rates of the Code of Ordinances to provide increases in the water and wastewater rates
to fund recommended capital improvements
MAW City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: June 22, 2004
AGENDA MEMO DATE: June 9, 2004
REQUESTED ACTION: Council consider an ordinance amending Section 28-50, Water
Service Rates and Section 28-51, Sanitary Sewer Service Rates of
the Code of Ordinance. The amendment would provide increases
in the water and wastewater rates to fund recommended water and
wastewater capital improvements.
RECOMMENDATION
Administration recommends approval of an increase in the water and wastewater rates by 5 percent
in 2004-05, 4 percent increase in 2005-06, and 4 percent in 2006-07 to raise the necessary funds
for water and wastewater capital improvements.
BACKGROUND
The Water Utilities Division is currently undertaking a major Capital Improvement Program for
the water and wastewater system. Capital improvements are required due to new State and Federal
regulations that will be taking effect in 2005. These regulations include changes to Safe Drinking
Water Act and Clean Water Act requirements and new Texas Commission on Environmental
Quality standards. In addition, the City's infrastructure is aging and many parts of the system are
in need of rehabilitation and replacement. The City has also experienced growth in recent years
with residential and commercial development, the Southeast Texas Entertainment Complex, and
additional Federal and State Correctional facilities.
Approximately $46 million of water system and $34 million of wastewater system improvements
are needed to meet these regulations and to rehabilitate the systems. Development of the
recommended Capital Improvement Program will require major capital expenditures.
BUDGETARY IMPACT
Rate increases proposed for July 2004 will increase water and wastewater revenues by $916,000
for Fiscal Year 2005.
PREVIOUS ACTION
Water and wastewater rates have increased by 4 percent each year since July 2001.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director, Water Utilities Manager and Finance Officer.
T W WaterServiceRatessk.wpd
June 9,2004
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28,
SECTIONS 28-50 and 28-51, OF THE CODE OF
ORDINANCES TO INCREASE WATERAND WASTEWATER
RATES EFFECTIVE JULY 1 IN THE YEARS 2004, 2005,
AND 2006; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL; AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 28, Section 28-50 of the Code of Ordinances of the City of Beaumont
be and the same is hereby amended to read as follows:
28.50. Water Service Rates.
(a) Effective July 1 in each year as shown below, the following rates per month
shall be the rates charged for water service furnished to customers within and outside of
the corporate limits of the City except as provided in paragraph (b) of this section.
WATERIWASTEWATER RATE INCREASES
JUNE 15,2004
MINIMUM MONTHLY RATES
WATER
Meter Inside City Outside City
Size/Inches 2004 2005 2006 2004 2005 2006
5/8 $7.22 $7.51 $7.81 $10.82 $11.26 $11.71
1 7.98 8.30 8.64 11.98 12.46 12.95
1 Y2 8.75 9.10 9.47 13.13 13.65 14.20
2 10.93 11.37 11.82 16.40 17.05 17.74
3 22.22 23.11 24.03 33.33 34.66 36.05
4 26.93 28.01 29.13 40.40 42.01 43.69
6 48.54 50.48 52.50 72.80 75.71 78.74
8 66.76 69.43 72.21 100.14 104.15 108.31
Meter Inside City Outside City
Size/Inches 2004 2005 2006 2004 2005 2006
10 91.88 95.56 99.38 137.82 143.33 149.07
12 114.54 119.13 123.89 171.82 178.69 185.84
Usage Rate
First 1,000 Minimum Minimum Minimum Minimum Minimum Minimum
Gallons
Over 1,000
Gallons
$Per 1000 $2..44 $2.54 $2.64 $3.66 $3.81 $3.96
Gallons
(b) The rate for senior citizens who comply with subsection (c) below will be at a
discounted rate equivalent to the rate per one thousand (1,000) gallons of water.
(c)Eligible seniorcitizens shall mean customers residing in a single-family residence
inside the city who are overthe age of sixty-five(65)years. To obtain the monthly minimum
charge deduction, persons eligible must file a sworn application on a form provided
therefor, with Water Customer Services. Upon approval of the application the senior
citizen's monthly minimum charge shall be applicable for the life of the applicant.
Section 2.
That Chapter 28, Section 28-51 of the Code of Ordinances of the City of Beaumont
be and the same is hereby amended to read as follows:
28-51. Wastewater Service Rates
(a) Effective July 1 in each year as shown below, the following rates per month
shall be the rates charged for wastewater services furnished to customers within and
outside of the corporate limits of the City where the wastewater produced by such
customers is a normal strength wastewater(150 mg/1 lb) except as provided in paragraph
(b) of this section.
WATERIWASTEWATER RATE INCREASES
MAY 18, 2000
MINIMUM MONTHLY RATES
WASTEWATER
Meter Inside City Outside City
Size/Inches 2004 2005 2006 2004 2005 2006
5/8 $4.61 $4.79 $4.98 $6.91 $7.19 $7.47
1 4.68 4.87 5.07 7.02 7.31 7.60
1 Y 4.76 4.95 5.15 7.14 7.43 7.72
2 5.17 5.38 5.60 7.76 8.07 8.39
3 5.85 6.08 6.33 8.78 9.13 9.49
4 8.58 8.93 9.28 12.87 13.39 13.93
6 14.05 14.61 15.20 21.07 21.92 22.79
8 17.18 17.87 18.58 25.77 26.80 27.88
10 23.43 24.37 25.34 35.15 36.55 38.01
12 29.66 30.85 32.09 44.50 46.28 48.13
Usage Rate
First 1,000 Minimum Minimum Minimum Minimum Minimum Minimum
Gallons
Over 1,000
Gallons
$Per 1000 $2.21 $2.30 $2.39 $3.32 $3.45 $3.59
Gallons
(b) The rate for senior citizens who comply with subsection (c) below will be at a
discounted rate equivalent to the rate per one thousand (1,000) gallons of water.
(c) Eligible senior citizens shall mean customers residing in a single-family residence
inside the city who are over the age of sixty-five (65)years. To obtain the monthly minimum
charge deduction, persons eligible must file a sworn application on a form provided
therefor,with Water Customer Services. Upon approval of the application the senior citizen's
monthly minimum charge shall be applicable for the life of the applicant.
(d)(1) Residential sewer charges shall be based on the average of the actual monthly
water usage of the preceding months of November, December, January and February
which preceded the months billed.
(2) The monthly individual residential sewer volume charge shall not exceed the
average of the actual metered water volume usage for the previous months of November
through February. Where no preceding November through February monthly average
volume is available from records, the Water Customer Services shall establish an average
monthly volume based on the average monthly usage of all residential users in each
particular cycle route for the winter months set out above.
(e) Commercial and industrial sewer usage charges shall be based on one-hundred
(100) per cent of the metered water usage.
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.
All ordinances or part 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 the City of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
June, 2004.
- Mayor-
2
June 22, 2004
Consider authorizing the City Manager to increase the Sanitary Sewer System Improvements East
Lucas Interceptor Rehabilitation Project amount for"extra work"
City of Beaumont
' c
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Joseph G. Majdalani, Water Utilities Manager
MEETING DATE: June 22, 2004
AGENDA MEMO DATE: June 16, 2004
REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase
the Sanitary Sewer System Improvements East Lucas Interceptor
Rehabilitation Project amount for "extra work."
RECOMMENDATION
Administration recommends approval of increasing the Sanitary Sewer System Improvements East Lucas
Interceptor Rehabilitation Project amount by $205,515 to furnish and install 749 linear feet of 10-inch
sanitary sewer pipe,2579 linear feet of 8-inch sanitary sewer pipe, 11 long side service line connections,
15 short side service line connections, and 12 manholes.
BACKGROUND
The construction of the East Lucas Sanitary Sewer Interceptor Rehabilitation Project started in April 2003
at an estimated cost of$1.93 million. The project, as of June 2004, is 97 percent complete. The existing
sewer lines built in 1960 have deteriorated and require major rehabilitation. The primary goals of the
project are to restore the integrity of the sanitary sewer lines, restore the carrying capacity, and provide
customers with uninterrupted and adequate service. The extra work identified in Change Order No. 1
targets an area that has required constant maintenance in the last 12 months to repair collapsed lines and
open cavities.
BCJDGETARY IMPACT
Funds for the project are available in the Water Utilities Capital Improvements Fund.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director, and Water Utilities Manager.
WUA11eoC0ELucas.wpd
June 16,2004
APPROVAL OF CONTRACT CHANGE
Change Order No.1
Date:June 16,2004
Project: City of Beaumont
Sanitary Sewer System ImproJements
East Lucas Interceptor Rehabilitation
Owner. City of Beaumont
P.O.Box 3827
Beaumont,Texas 77704
Contractor. Allco,Inc.
P.O.Box 3684
Beaumont,Texas 77704
To the Owner. Approval of the following contract change is requested.
Reason for Change:To increase the contract amount for"extra work"performed by the Contractor to
replace 749 linear feet of 10 inch pipe,2579 linear feet of 8 inch pipe,12 manholes,I 1 long side service
line connections,15 short side service line connections,on Thomas Road between Calder Avenue and
Gladys Avenue,and on the easement between Spencer Drive and Thames Drive.
ORIGINAL CONTRACT AMOUNT $1.929.668.65
THIS CHANGE ORDER:
Description Net Chanee
Replace 749 linear feet of 10 inch pipe. + 3 7
Replace 2579 linear feet of 8 inch pipe. +103•]60•
Replace 12 manholes + 57.600.
Replace I1 long side service line connections. + 4.675.
Replace 15 short side service line connections. +__§J75.
TOTAL AMOUNT OF THIS CHANGE ORDER: +S205,515,
TOTAL REVISED CONTRACT AMOUNT INCLUDING
THIS CHANGE ORDER: $2.135.183.65
CONDITION OF CHANGE:
"Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in
this Change Order represents full compensation for all increases and decreases in the cost of and the time
required to perform the entire work under Contract arising directly or indirectly from this Change Order and
all previous Change Orders. Acceptance of this waver constitutes an agreement between Owner and
Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the
Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly
executed."
Recommended By: Approved By: Accepted By:
Joseph G.Majdalani,P.E. City of Beaumont Allco,Inc.
Water Utilities Manager Owner Contractor
Date: 6 115/o v Date: Date: b t
3
June 22,2004
Consider authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small
Diameter Mains Contract VIII Project amount for"extra work"
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Joseph G. Majdalani, Water Utilities Manager
MEETING DATE: June 22, 2004
AGENDA MEMO DATE: June 16, 2004
REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase
the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract VIII
Project amount for "extra work."
RECOMMENDATION
Administration recommends approval of increasing the Sanitary Sewer Rehabilitation of Small Diameter
Mains Contract VIII Project amount by$123,579 to furnish and install 1031 linear feet of 10-inch sanitary
sewer pipe, 1195 linear feet of 8-inch sanitary sewer pipe, 59 service line connections and 12 manholes.
BACKGROUND
The construction on the Sanitary Sewer Rehabilitation Small Diameter Mains Contract VIII started in July
2003, at an estimated cost of$2.25 million. The project, as of June 2004, is 52 percent complete. The
existing sewer lines built in 1960 have deteriorated and require major rehabilitation. The primary goals
of the project are to restore the integrity of the sanitary sewer lines, restore the carrying capacity, and
provide customers with uninterrupted and adequate service.The extra work identified in Change Order No.
1 targets an area that has required constant maintenance in the last six months to repair collapsed lines and
open cavities.
BUDGETARY IMPACT
Funds for the project are available in the Water Utilities Capital Improvements Fund.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director, and Water Utilities Manager.
wUA11eoC0Cont8.wpd
June 16,2004
APPROVAL OF CONTRACT CHANGE
Change Order No.I
Date:June 16,2004
Project: City of Beaumont
Sanitary Sewer Rehabilitatioh of
Small Diameter Mains Contract-VIII
Owner. City of Beaumont
P.O.Box 3827
Beaumont,Texas 77704
Contractor. Allco,Inc.
P.O.Box 3684
Beaumont,Texas 77704
To the Owner: Approval of the following contract change is requested.
Reason for Change:To increase the contract amount for"extra work"performed by the Contractor to
replace 1031 linear feet of 10 inch pipe,1195 linear feet of 8 inch pipe,12 manholes,and 59 service line
connections on Spencer Drive.
ORIGINAL CONTRACT AMOUNT $2.256.555.75
THIS CHANGE ORDER:
Description Net Chance
Replace 1031 linear feet of 10 inch pipe. +L218-99
899
Replace 1195 linear feet of 8 inch pipe. +_1220L
Replace 12 manholes + I 00
Replace 59 service line connections. + 40.415.
TOTAL AMOUNT OF THIS CHANGE ORDER: +S123,579,
TOTAL REVISED CONTRACT AMOUNT INCLUDING
THIS CHANGE ORDER: S 2.380.134.75
CONDITION OF CHANGE:
"Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in
this Change Order represents fiill compensation for all increases and decreases in the cost o1;and the time
required to perform the entire work under Contract arising directly or indirectly from this Change Order and
all previous Change Orders. Acceptance of this waver constitutes an agreement between Owner and
Contractor that the Change Order represents an all inclusive,mutually agreed upon adjustment to the
Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly
executed"
Recommended By: Approved By: Accepted By:
(/Joseph G.Majdal<aa P.E. City of Beaumont Allco,Inc.
Water Utilities Manager Owner Contractor
Date: 6 �4 41 Date: Date: odpq
4
June 22,2004
Consider approving an annual contract for the purchase of limestone base material
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Brenda Beadle, Purchasing Manager
MEETING DATE: June 22, 2004
AGENDA MEMO DATE: June 16, 2004
REQUESTED ACTION: Council approval of an annual contract for the purchase of
limestone base material.
RECOMMENDATION
Administration recommends award of a one (1) year contract to Gulf Coast Limestone, Inc. of
Seabrook, Texas for purchasing limestone base material at the unit costs stated below.
BACKGROUND
Bids were requested for an annual contract for limestone base material for use by the Public
Works Department, Streets and Drainage Division. The material is used as a base for street
repair. The Streets and Drainage Division generally obtains the material at the plantsite, though
pricing was also requested for jobsite delivery by the vendor. It is estimated that approximately
8,000 tons of limestone base material will be used during the term of the contract.
Nine(9)vendors were notified with three(3)responding with bids. The product bid by Gulf Coast
Limestone, Inc. meets requirements set forth in the bid specifications.
The contract provides for the vendor to furnish approximately 8,000 tons of limestone base
material at the following fixed unit costs:
Gulf Coast Lunest03. Inc,
Limestone Base, FOB Plant - 7"' and Dollinger Street, Beaumont, TX $11.04 /ton
Limestone Base, FOB Jobsite $13.00 /ton
Annual Contract for Purchase of Limestone Base Material
June 16, 2004
Page 2
Prices for the prior contract period were $10.75 per ton for plantsite pickup and $13.05 per ton
for jobsite delivery. Approximately 90% of the volume utilized during the contract period was
obtained by the division at the plantsite. Though based in Seabrook, Gulf Coast Limestone
maintains a plant in Beaumont.
BUDGETARY IMPACT
The total estimated expenditure is $90,000 for the one (1) year contract period. Funds are
available for this expenditure in the Public Works Department's operating budget.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Public Works Director.
Annual Contract for Purchase of Limestone Base Material
June 16, 2004
Page 3
Bid Tabulation:
Vendor Plant PrckuP Jobsite Delmer
LvcatIOn of Plant
Gulf Coast Limestone, Inc. $11.04 $13.00
7`h and Dollinger Street, Bmt.
Transit Mix Concrete and Materials $12.00 $14.50
3150 Hollywood, Bmt.
1250 E. Florida, Bmt.
APAC-Texas $15.40 $18.40
860 Pine, Bmt.
City of Beaumont
REGULAR MEETffNG U� "H-7 CITY COUNCIL
COUNCIL CHAMBERS JUNE 22,2004 1:30 P.M.
CONSENT AGENDA
Approval of minutes
Confirmation of committee appointments
Bob Harris would be re-appointed as Chairman of the Board of Adjustment(Zoning)Committee.
.The current term would commence June 22, 2004 and,expire June 21, 2005., (Mayor Evelyn M.
,.,Lord)
Mary Jowers would be re-appointed as Vice-Chairman of the Board of Adjustment(Zoning)
Committee. The current term would commence June 22, 2004 and expire June21, 2005. (Mayor
-Evelyn M. Lord)
Kelli Maness would be appointed as an alternate to the Board of Adjustment(Zoning)Committee.
The current term would commence June 22, 2004 and expire June 21, 2006. (Mayor Evelyn M.
Lord)
E. J. Sherlock would be appointed as Chairman of the Sma.Business Revolving Loan Fund Advisory
-Committee. The term would commence June 22, 2004 and expire,June 21,2005. '(Mayor.Evelyn M.
Lord)
Mary Jowers would be appointed as Mice-Chairman of the Smaff;Busines&,RevolvingLoan fund
Advisory Committee. The term would commence June,22, 2004-and expire June?21,2005. (Mayor
,-Evelyn M. Lord)
Jordan would be reappointed to the Historical Landmark Commission.,Thezurrent term would
expire June 19, 2006. (Councilmember Lulu Smith)
A) Approve a one(1)year contract for groundwater monitoring at,thelandfill
B) Approve an agreement with LightC ore for the placement of fiber:optic cable in the public
-right-of-way
C) Approve the acceptance of one(1) 10-foot by 10-foot(10'x 10')Sanitary Sewer Easement for
a manhole at Dowlen Road and Delaware Street
A
..% City of Beaumont
ME-
'a E.Invi'toik'ILOIOBMIW-M1 EL Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Brenda Beadle, Purchasing Manager
MEETING DATE: June 22, 2004
AGENDA MEMO DATE: June 9, 2004
REQUESTED ACTION: Council approval of a one (1) year contract for groundwater
monitoring at the landfill.
RECOMMENDATION
Administration recommends award of a one (1)year contract to SCS Engineers of Bedford, Texas
for groundwater monitoring at the landfill.
BACKGROUND
Groundwater monitoring is required at all Texas landfills by the Texas Commission on Environmental
Quality (TCEQ). The monitoring involves measuring the physical and chemical properties of
groundwater (the sub-surface water table) on a semi-annual basis. The landfill has twelve (12)
monitoring wells from which to draw water samples. Concentrations of contaminants are monitored
to determine whether they are increasing,decreasing or remaining in the same range. The results are
recorded and reported to the TCEQ.
Proposals were solicited from environmental engineering firms and seven(7)proposals were received.
The proposals were ranked on the basis of company experience in Texas groundwater monitoring,
familiarity with the Beaumont landfill, qualifications of the principle hydrogeologist, company
expertise in related disciplines (engineering, design and gas-related issues) and field technician
experience.
The highest rated proposal was submitted by SCS Engineers. SCS currently provides comparable
services for the following cities: San Antonio, Garland, Amarillo, Port Arthur and Waco. SCS has
proposed a fee of$28,800 annually for all groundwater monitoring,laboratory testing,data analysis,
reporting and record keeping as required by the TCEQ. Additional fees in the total amount of$3,000
will be incurred at the outset of the contract for obtaining the license to use the recommended Sanitas
reporting software and for a one-time sampling of surface water to establish baseline levels of
Contract for Groundwater Monitoring
June 9, 2004
Page 2
contaminants.
BUDGETARYIMPACT
Funds are available for this expenditure in the Clean Community Department's operating budget.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Clean Community Director.
B
Cit y of Beaumont
�• Council Agenda Item
E g
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Mark Horelica, Transportation Administrator
MEETING DATE: June 22, 2004
AGENDA MEMO DATE: June 9, 2004
REQUESTED ACTION: Council consider entering into an agreement with LightCore for the
placement of fiber optic cable in the public right-of-way.
RECOMMENDATION
Administration recommends approval of an agreement between LightCore and the City of Beaumont
for the placement of fiber optic cable in the public right-of-way.
BACKGROUND
Several long distance companies currently have agreements in force with the City.
BUDGETARYIMPACT
LightCore will pay the City of Beaumont an initial application fee of$500.00 and an annual fee of
$1.35 per linear foot per year.
PREVIOUS ACTION
None
SUBSEQUENT ACTION
None
RECOMMENDED BY: City Manager, Public Works Director, City Engineer and
Transportation Manager.
Lightcore/cg
06/09/2004
PUBLIC RIGHT-OF-WAY USE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
WHEREAS, Lightcore desires to use certain public right-of-way within the City of
Beaumont for the purposes set forth below; and,
WHEREAS, it is the position of the City of Beaumont that Lightcore must obtain a license
in order to use the public right-of-way; and,
WHEREAS, the City Council of the City of Beaumont has determined that it is appropriate
to make the following agreement with Lightcore; and,
NOW, THEREFOR;
The City of Beaumont, hereinafter called "City" for and in consideration of the receipt of
good and valuable consideration, as set out more fully herein, hereby agrees with Lightcore that
Lightcore may lay, maintain, operate, replace or remove a fiber optic communication system'
(the"system") for the transportation of communications in, on, under or across the streets,
alleyways and easements set forth in Exhibit "A" and situated in the City of Beaumont, Jefferson
County, Texas, as more specifically set out herein and subject to the following conditions:
(a) The system shall be installed in such a manner as has been approved by the
City Engineer and/or the Texas Department of Transportation, if
applicable, so that the finished installation shall, in no way, interfere with
the use of the public streets and alleys by the public. Permits shall be
obtained by Lightcore or Lightcore contractor from the Public Works
Department of the City prior to any installation, maintenance or removal
requiring excavation.
1
(b) The system shall be buried at a depth of no less than thirty (30) inches
unless otherwise authorized by the City Engineer and/or the Texas
Department of Transportation, if applicable. The system is to be installed
a minimum of thirty-six inches (36") below the existing flow line of the
adjacent drainage ditch, when crossing or placed in said ditch. Lightcore
will notify the Public Works Department of the City of Beaumont prior to
installation of the system under this agreement, and shall obtain City
permits at a cost not to exceed a one-time charge of Ten Dollars ($10) plus
Five Dollars ($5) for each day of construction.
(c) The installation and operation of the system shall not interfere with the
natural drainage in that area nor with the drainage system of the City, nor
with sanitary sewer lines, water lines, or other facilities.
(d) The system shall be installed in such a manner as to provide a twelve (12)
inch vertical clearance and a thirty-six (36) inch horizontal clearance with
existing water or sanitary sewer lines. ,
(e) All excavations within the right-of-way shall be backfilled in accordance
with City Standards. All surplus material shall be removed from the right-
of-way.
(f) Excavations necessary for the installation, repair or maintenance of the
system shall be performed in such a manner as will cause the least
inconvenience to the public and Lightcore shall promptly restore to as good
a condition as before and to the reasonable satisfaction of the City Engineer
and/or the Texas Department of Transportation, all streets, alleys, or
easements, excavated by it.
(g) The system will be installed in accordance with the drawings approved by
the City and to the specifications which set out the specific location, depth,
method of construction, etc., of the installation.
(h) Construction along roadways shall be performed in such a manner that
excavated materials shall create the minimum hazard and obstruction. All
property where operations are performed will be restored to original
condition or better. The cost of any repairs to road surface, roadbed,
2
structures or other right-of-way features as a result of this installation will
be borne by the owner of the system.
(i) Any installation which takes place in, on, under, above, or across property
which is not owned by the City or not a City easement or right-of-way shall
require additional permission by the owner(s) of the property involved.
Approval of this license agreement excludes permission to do any
installation on property which is not owned by the City of Beaumont.
(j) Barricades, warning signs, lights, and flagmen will be provided and
installed in accordance with the Texas Manual of Uniform Traffic Control
Devices (current edition) by Lightcore contractor when, in the opinion of
the City Engineers, such is necessary for the safe installation of the system.
Lightcore or its contractor will provide supervision of the work which is
knowledgeable in the standards referred to above. Nothing herein is to be
construed as prohibiting the use by Lightcore or its contractor of additional
barricades, warning signs and lights or flagmen as be necessary. In the
event Lightcore or its contractor does not comply with the barricading
standards,the City Engineer may order Lightcore and its contractor to stop
work; but only until compliance is achieved.
(k) 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 municipal
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 of said streets. In doing
or permitting any such work, the City of Beaumont shall not be liable to
Lightcore for any damage occasioned; it being understood that nothing
herein shall be construed as foreclosing Lightcore rights to recover damages
against any contractor or third party who may be responsible for damages
to Lightcore facilities.
(1) If the City requires Lightcore to remove, alter, change, adapt, or conform
its facilities because of changes in the grade of a street or in the location or
manner of constructing a water pipe, sewer pipe, or other underground or
aboveground structure owned by the City, on alternative right-of-way
provided by the City, Lightcore shall make the alterations or changes as
soon as practicable when ordered in writing by the City, without claim for
reimbursement or damages against the City at no additional charge to
3
Lightcore. If these requirements impose a financial hardship on Lightcore,
Lightcore shall have the right to present alternative proposals for the City's
consideration. If the City requires Lightcore to remove, alter, change,
adapt or conform its facilities to enable any other corporation or person,
except the City, to use, or to use with greater convenience, any public
right-of-way, Lightcore shall not be required to make any such changes
until such other corporation or person shall have undertaken, with solvent
bond, to reimburse Lightcore for any loss and expense which will be
causedby or arise out of such removal, alteration, change, adaptation or
conformance of Lightcore facilities; provided, however, the City shall
never be liable for such reimbursements.
(m) Lightcore 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 installation, maintenance, operation,
repair or removal of the system by Lightcore, except to the extent arising
from the sole negligence, or wanton conduct or gross negligence of the City
of Beaumont, its employees or agents. Neither party shall be liable to the
other for any consequential, special, or indirect damage hereunder.
(n) If the system or any part thereof installed by Lightcore shall be in any
respect damaged or injured by the City or any public entity in connection
with any construction or maintenance of any public facility, Lightcore shall
not be entitled to prosecute or maintain a claim against the City or such
public agency unless such damage is occasioned by the City or such public
agencies wanton conduct or gross negligence. However, nothing contained
in this paragraph shall prevent Lightcore from prosecuting or maintaining
a claim against a private contractor employed by the City or such entity.
(o) Recovery by Lightcore for damages that occur to Lightcore facilities, as
a result of an adjoining residential homeowner's attempt to construct
improvements to his frontage shall be limited to actual damages only and
no loss of revenue as damages. Any additional cost shall be borne by
Lightcore.
(p) The system shall be maintained and operated in such a manner as to cause
no damage to public facilities. Damage to public facilities occasioned by
such maintenance and operation shall be at Lightcore expense. Such
damages shall be limited to actual damages and no loss of revenue damages.
4
(q) Lightcore contractors shall furnish the City with a certificate of insurance
issued by an insurer acceptable to the City showing that the permittee has
in force, and will maintain in force during the construction of the system,
liability insurance of not less than $1,000,000 for any one accident and
property damage insurance of not less than $1,000,000, or to applicable
City insurance requirements, at the time of such construction. Such
insurance shall be maintained in force during the life of the project and no
modifications or change of insurance coverage and provisions shall be made
without ten (10) days written advance notice to the City.
(r) Lightcore shall make payment to the City of Beaumont as follows:
• initial agreement fee of$500, payable upon execution of this
agreement;
• annual fee of$1.35 per linear foot in the City right-of-way
which sums shall be upon execution of agreement and each
year thereafter. Said parties shall confer and negotiate in
good faith on a new rate on or before January 1, 2011, to
become effective January 1, 2012, and shall confer and
negotiate on a new rate in the 2021 and every ten(10) years
thereafter.
• inspection, engineering and other costs during the period of
initial construction in the amount of$2000.00,payable upon
receipt of invoice.
(s) Actual expenses of inspection incurred by the City in connection with
maintenance of the system by Lightcore (except as provided in Paragraph
k) shall be reimbursed to the City by Lightcore upon written request
therefore, which shall include evidence of such costs.
(t) Lightcore agrees that it shall mark the location of its system within forty-
eight (48) hours after receipt of notification of proposed construction.
Lightcore maintains a toll-free telephone number to be called for location
of the system. Should Lightcore fail to locate the system for the City within
forty-eight (48) hours of request duly acknowledged, Lightcore shall pay
a late charge of Five Hundred Dollars ($500) per day. In the event of a
dispute concerning notice, Lightcore audio tape of telephone messages shall
provide proof of notification, which tapes will be made available upon
request. Alternatively, notice may be shown by delivery of a certified
letter to Lightcore .
5
(u) Lightcore, at no cost to the City, shall keep in the City and make available
upon request, complete "as built" drawings clearly showing locations and
depth of all facilities. Such drawings shall be provided to the City within
sixty (60) days after completion of the project.
(v) This agreement may not be assigned by Lightcore to any other company or
legal entity without the prior written approval by the City of Beaumont's
Public Works Direct or, except that Lightcore may assign its rights and
obligations under this agreement to Lightcore's parent,subsidiary,affiliate
or successor entity without such consent, so long as the parent, subsidiary,
affiliate or successor (1) assumes all obligations of Lightcore under this
agreement; and (2) is bound to the same extent as Lightcore, and (3) the
City is notified of the assignment within sixty (60) days and is furnished a
written document within which the assignee assumes all obligations under
this license.
(w) Should any other company or legal entity, other than Lightcore or
Lightcore's parent, subsidiary, affiliate or successor as authorized in
section (v), use the system installed under this agreement under the rights
granted herein without notification of the City of Beaumont's Public
Works Director, such use shall be a violation of this agreement and
Lightcore will cease all use of the system and the City may take steps
necessary to enforce a cancellation of this agreement, including removal of
some portion or all of the system upon thirty (30) days written notice to
Lightcore.
The City shall give Lightcore written notice of any violation of this agreement. If
Lightcore fails to correct such violation within sixty (60) days of such notice, this agreement shall
be immediately terminated upon said sixtieth day. Any notice to be given hereunder by either
party to the other may be effected either by personal delivery in writing 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 Lightcore
Public Works Department Address
PO Box 3827 City/State/Zip
Beaumont, Texas 77704 Telephone Numbe
(409) 880-3725
6
NOTICE PURSUANT TO PARAGRAPH "S" SHALL BE GIVEN AS FOLLOW:
Toll-free Telephone Number:
The above-stated addresses may be changed to such addresses as the parties may from time
to time designate by written notice.
Commencement of work on the fiber optic system by Lightcore after the date of this
agreement shall be construed as evidence of Lightcore acceptance and approval of the conditions
above set forth.
This agreement shall be governed by and construed in accordance with the laws of the State
of Texas.
This agreement embodies the entire agreement between the parties hereto and supersedes
all prior agreements and understandings, if any, relating to the matters addressed herein. This
agreement may be amended or supplemented only by a written instrument executed by both
parties.
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 , 2004.
THE CITY OF BEAUMONT
By:
ATTEST: Kyle Hayes, City Manager
City Clerk Lightcore
By:
Title:
ATTEST:
7
EXHIBIT "A"
Lightcore
STREET SEGMENTS LINEAR FEET
8
City of Beaumont
Council Agenda
� = • < < Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: June 22, 2004
AGENDA MEMO DATE: June 14, 2004
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of one (1)
10-foot by 10-foot (10' x 10') Sanitary Sewer Easement for a
manhole at Dowlen Road and Delaware Street to serve the new
Sonic Drive-In Restaurant.
RECOMMENDATION
Sonic Restaurants, Inc. has agreed to convey the following sanitary sewer easement to the City of
Beaumont:
One (1) 10-foot by 10-foot (10' x 10') Sanitary Sewer Easement -
100 square foot tract out of City Plat D-26, Hezekiah Williams
League, Abstract 56 and located near the intersection of Dowlen
Road and Delaware Street.
Administration recommends acceptance of the easement.
BACKGROUND
The easement is to be used for a sanitary sewer manhole to provide service to the new Sonic
Drive-In Restaurant.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director and City Engineer.
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June 14,2004
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