HomeMy WebLinkAboutPACKET SEP 11 2007 sag.
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS SEPTEMBER 11,2007 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
Evelyn Reado would be appointed to the Keep Beaumont Beautiful Commission. The term
would commence September 11, 2007 and expire September 10, 2009. (Councilmember Jamie
D. Smith)
Sharon Eaves would be appointed to the Keep Beaumont Beautiful Commission. The term would
commence September 11, 2007 and expire September 10, 2009. (Councilmember Nancy
Beaulieu)
Lee Smith would be appointed to the Martin Luther King, Jr. Parkway Commission. The term
would commence September 11, 2007 and expire September 10, 2009. (Councilmember Jamie
D. Smith)
A) Approve a contract for the purchase of granular phosphate water treatment compound for
use by the Water Utilities Department
B) Approve the renewal of a maintenance agreement for software support for use at all City
library branches
C) Authorize the City Manager to execute a wastewater service agreement
D) Authorize the settlement of the claim of Sunoco Pipeline
E) Authorize the settlement of the claim of Delia Masong
A
.,..,, City Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Chief Financial Office
MEETING DATE: September 11, 2007
AGENDA MEMO DATE: September 4, 2007
REQUESTED ACTION: Council consider a contract for the purchase of granular
phosphate water treatment compound.
RECOMMENDATION
Administration recommends award of an annual contract to Simply Aquatics, Inc. of Kirbyville,
Texas for purchasing granular phosphate for $1,298 per ton with an estimated total annual
expenditure of approximately$35,046.
BACKGROUND
Bids were solicited for an annual contract to supply granular phosphate for use by the Water Utilities
Department to disinfect and purify the City's water supply.
Bid notices were provided to five(5)vendors. Four(4)bids were received as indicated below. The
product offered by Simply Aquatics meets all specifications. The City expects to purchase
approximately twenty-seven(27) tons annually. The previous contract price was $1,417 per ton.
VENDOR PRODUCT UNIT PRICE APPROX.
ANNUAL COST
Simply Aquatics, Inc., Kirbyville, TX SA-25 $1,298.00/ton $35,046.00
Carus Phosphates, Inc., Belmont, NC Calciquest Dry $1,378.00/ton $37,206.00
Shannon Chemical Corp., Malvern, PA SNC Type B $1,777.17/ton $47,983.59
Altiva, Corp., Houston, TX Seaquest Dry $5,000.00/ton $135,000.00
BUDGETARY IMPACT
Funds are available for this expenditure in the Water Utilities Department's operating budget.
RESOLUTION NO.
WHEREAS, bids were solicited for an annual contract for the purchase of granular
phosphate for use by the Water Utilities Department; and,
WHEREAS, Simply Aquatics, Inc.of Kirbyville,Texas,submitted a bid in the amount
of$1,298 per ton with an estimated total annual expenditure of$35,046; and,
WHEREAS, City Council is of the opinion that the bid submitted by Simply Aquatics,
Inc. of Kirbyville, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Simply Aquatics, Inc. of Kirbyville, Texas, for the purchase of
granular phosphate for use by the Water Utilities Department in the amount of $1,298 per
ton with an estimated total annual expenditure of $35,046 be accepted by the City of
Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
September, 2007.
- Mayor Becky Ames -
B
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Chief Technology Officer
MEETING DATE: September 11, 2007
AGENDA MEMO DATE: September 4, 2007
REQUESTED ACTION: Council consider renewal of an annual maintenance agreement
for SirsiDynix software support.
RECOMMENDATION
Administration recommends payment of an invoice to SirsiDynix for the renewal of an annual
maintenance agreement for software support in the amount of$26,044.80.
BACKGROUND
SirsiDynix software is an integrated library system used for all of the City's library branches. This
purchase is exempt from competitive bidding since it is available from only one(1) source having
exclusive rights to modify and maintain the software.
The agreement is for an annual period beginning September 1, 2007.
Last year the software was maintained at a cost of$24,816.00. The increase this year is due to an
increase in maintenance cost from SirsiDynix.
BUDGETARY IMPACT
Funding is budgeted within the General Fund.
n VOI C@ I v . INVMTSC00006526 uja mD "
7/30/2007
101 Washington St. SE 1
Huntsville, AL 35801-4827
Federal Tax ID#63-1233771
Phone: (256) 704-7000
FAX: (256) 704-7089
Bill To: Ship To:
Beaumont Public Library Beaumont Public Library
City of Beaumont 801 Main Street
801 Main Street Suite 330
Beaumont TX 77701 Beaumont TX 77701
Purchase Order No. Customer ID Sates rson iD" Sht'` n -Method Pa ment Terms R "Shf` Date'"'.MasterAd. "
D52974 ILA URIE CHASE NLT I Net 30 7/29/2009 1 47,403
,Ordered Shi ' $!O w Item Number - " De4cri for Discount ,� untt�Pnce'` : 'Ext.,PHce
1.000 1.000 0.000 MNT-SAAS SAAS Renewal $0.00 $25,804.80 $25,804.80
Effective Period:
Sept.1,2007-August 31,2008
Obt20U0 504- 3 V�3
Please remit payment to: Su $25 804.80
Sirsi Corporation $0.00
For questions,please contact: P.O. Box 2153 T' » $0.00
Justin Abbott @ 800-288-8020 ext.5786 Department 3331
or justin.abbott @sirsidynix.com Birmingham, AL 35287-3331 F $0.00
T '" $0.00
Payment of this invoice shall constitute acceptance of the agreement excuted C ® P $25 804.80
by both parties as the sole governing terms&conditions for the items herein.
kInvolce IN VMTSC00006525
�� Dn Invoice 7/30/2007
1
101 Washington St. SE Pagge
Huntsville, AL 35801-4827
Federal Tax ID#63-1233771
Phone: (256)704-7000
FAX: (256) 704-7089
Bill To: Ship To:
Beaumont Public Library Beaumont Public Library
City of Beaumont 801 Main Street
801 Main Street Suite 330
Beaumont TX 77701 Beaumont TX 77701
Purchase Order No. Customer lb Sales ``n ID' Shi In Method Pa ment Terma R. "Shi Date Master No.
D52974 LAURIE CHASE NLT I Net 30 7/29/2009 1 47,402
Ordered' Shipped $/O kemNumber: DeieApfion Discount' Unit Price Ext.Price
1.000 1.000 0.000 MNT-PM Peripheral Maintenance $0.00 $240.00 $240.00
Effective Period:
Sept.1,2007-August 31,2008
C o 12-0 3
Please remit payment to: $240.00
Sirsi Corporation $0.00
For questions,please contact: P.O. Box 2153 Tax $0.00
Justin Abbott @ 800-288-8020 ext.5786 Department 3331
orjustin.abbott @sirsidynix.com Birmingham, AL 35287-3331 F t $0.00
P Y $240.00
t . . $0.00
Payment of this invoice shall constitute acceptance of the agreement excuted ,
by both parties as the sole governing terms&conditions for the items herein.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to make payment in the amount
of $26,044.80 to SirisiDynix for the renewal of an annual maintenance agreement for
software support for all of the City's library branches.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
September, 2007.
- Mayor Becky Ames -
c
City Council Agenda Item
NOR
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director
MEETING DATE: September 11, 2007
AGENDA MEMO DATE: September 4, 2007
REQUESTED ACTION: Council approval of a resolution authorizing the City Manager
to execute a wastewater service agreement with West
Jefferson Municipal Utility District.
RECOMMENDATION
Administration recommends approval of executing a wastewater service agreement with West
Jefferson Municipal Utility District.
BACKGROUND
The Texas Commission on Environmental Quality, Chapter 290, Sub-Chapter D, Rules and
Regulations for Public Water Systems, require municipalities to execute service agreements with
wholesalers as well as non-transient non communities which are not a community water system but
regularly serve at least 25 of the same persons at least six months out of the year. Once service
agreements are executed with such entities,they will be required by State law to monitor and report
the water quality inside of their property on a monthly basis. This procedure will prevent any possible
contamination of the City of Beaumont water system and protect public health.
The Water Utilities Department provides water and/or sanitary sewer service to 16 industrial
customers and 4,800 commercial customers.
The wastewater service agreement with West Jefferson Municipal Utility District will provide sanitary
sewer service to the Cheek community located outside Beaumont's City limits. Phase I of the project
will provide service to 22 residences and Phase H will accommodate 61 additional residences. The
estimated total daily flow of 37,000 gallons will have a minimal impact on the 47 million gallons a day
treatment capacity of the Wastewater Treatment Plant.
This Project is recommended for approval by the City Manager and the Water Utilities Director.
BUDGETARY Il"ACT
Sewer line extensions and lift station construction is funded by the Federal government, Jefferson
County and the customers. The City of Beaumont will not participate with any of the construction
cost.
City of Beaumont
U
-
SERVICE AGREEMENT CONTRACT
Am EL
STATE OF TEXAS §
COUNTY OF JEFFERSON §
CITY OF BEAUMONT §
CONTRACT BETWEEN
City of Beaumont ■West Jefferson County MUD for CHEEK
WHEREAS,West Jefferson County MUD,doing business in the State of Texas(herein"Owner'),
and the City of Beaumont,a municipal corporation of the State of Texas(herein"City')entered into a Contract
on July 11, 2007,for the City to provide provisions of sanitary sewer services to the Owner.
WHEREAS,the City and Owner desire to adopt a Service Agreement Contract for the provision of
sanitary sewer services to Owner and agree as follows:
WITNESSETH
I
Owner agrees to maintain,free of charge to the City,the sewer lines within its property(see attached `
map•) -
R
The City shall have the right to enter on the Owner's property or premises with 24 hour prior-ngtice,
ne 'P " 'of 5
unless under an emergency situation,for any purposes reasonably incidental to or necessitated by the terms and
provisions of this Contract. The City will abide by all Owner's site safety rules and other site access rules
while on Owner's property.
III
Owner agrees to maintain its sewer collection line, and a meter to pump its wastewater for
monitoring the quantity of sewage delivered to the City's collection system. Owner further agrees to test the
accuracy and calibrate the meter upon installation and annually thereafter,in a manner approved by the City,
with the results submitted to the City. Owner shall bear all costs associated with the maintenance of the sewer
collection lines on the Owner's property, and the meter. In the event of a malfunction of the meter, Owner
agrees to pay for a volume of sewage that is equivalent to previous billing actually provided to Owner for the
billing period. In the event that the City questions the accuracy of the meter,the City shall have the right,at
its own expense,to test the accuracy of the meter. If the meter is inaccurate by at least 5 percent,Owner agrees
to repair and re-calibrate the meter at their expense.
IV
Owner agrees to abide by the City's code of ordinance, specifically the sewer use ordinance
prohibition of specific types of waste. Owner must notify City prior to industry or large commercial
facilities discharging process wastewater to the sewer. The need for a discharge permit and inter-
jurisdictional agreement will be evaluated prior to discharge.
V
Unless approved and authorized by the City,no waste other than domestic or sanitary sewage
waste shall be delivered to the City's system,and shall meet limits and prohibitions as set forth in the City
sewer use ordinance(Ordinance No. 03-018).
City of Beacon vA 13301 And=Road
Water thaities Deparunen4 Page 2 of 5 Beaumont,Teams rnV
VI
In the event of an overflow,by pass,or other noncompliance from Owner's sanitary sewage
collection system to the States water ways, Owner agrees to promptly report the noncompliance as required
by State and Federal authorities. Owner also agrees to promptly use its reasonable best efforts to mitigate
any environmental hazard created by the noncompliance and to correct the problem that led tot he
noncompliance. Owner also agrees to submit a copy of the notification and report of the mitigation to the
City.
VII
Owner agrees to pay to the City all charges for sewer service within Thirty(30)days from date
of statement from the City. In the event of failure of Owner to so pay said charges,City shall have the right,
upon thirty(30)days written notice to Owner,to refuse to provide sanitary sewer service to Owner.
VIII
Owner will pay the same rate for water and sewer services as established from time-to-tune by the
City Council for inside the City of Beaumont. In the event said rates are altered or amended by City Ordinance,
Owner agrees to pay said amended rates.
IX
Owner agrees to:
1. Adopt a resolution or take some other official action agreeing to the terms and conditions of this
Contract,
2. Adopt a resolution or take some other official action ratifying,affirming and accepting the benefits
and agreeing to the terms,conditions and requirements of this Contract;and
3. Enter into such other or additional contracts or agreements as may be reasonably required to carry
out the purpose and intent of this Contract.
C4 of Besumaat 1330 Iangham Road
Water LUffies Department Page 3 of 5 Beaumont,Texas 77707
X
This Contract shall be for a period of 12 months from and after the date of execution.
XI
Owner may,from time to time,convey or assign this Contract with respect to all or any part of the
land contained within Owner's property boundaries, and the assignee or assignees shall be bound by this
Contract. Upon prior approval by the City Council,of the assignee or assignees,and only upon the condition
that the assignee or assignees assume the liabilities,responsibilities and obligations under this Contract with
respect to the land involved in the assignment or assignments, or as may be otherwise approved by the City
Council.
In connection with this Contract,official addresses for notification shall be:
A. Dr. Hani J. Tohme, Director
City of Beaumont
Water Utilities Department
1350 Langham Road
Beaumont,Texas 77707
B. Dennis Greene
West Jefferson County MUD
7824 Glenbrook Dr.
Beaumont,TX 77705
Any changes in said addresses may be made by notifying the other parties by certified mail of the
new or changed contact person and/or address.
XII
This Service Agreement represents the entire and integrated Contact between the City of Beaumont
and Owner and supersedes all prior negotiation,representatives,or agreements,either oral or written. This
Contract may be amended only by written instrument signed by both the City of Beaumont's City Manger and
Owner.
City of Bew mmt 1350 angham Road
water i7tilities Dgmftctt Page 4 of 5 Be,,,nimt,Tuna'M07
IN WITNESS WHEREOF,the City of Beaumont Water Utilities Department has lawfully caused
these presents to be executed by the hand of the City Manager of said City,and the municipal corporate seal
of said City to be hereunto affixed,and the said Owner,Owner,acting by hand of the President and/or Manager
whereunto Authorized Representative,does now sign,execute and deliver this document.
Executed in duplicate originals at Beaumont,Texas, on this day of A.D., 2007.
Owner CITY OF BEAUMONT/CITY MANAGER
By: sl—s=d ?/lo 7 By
(P Authorized Representative Date Kyle Hayes, City Manager Date
By:
Signature of Authorized Representative Date
Attest: 7/ I �/ Attest:
Date Date
STATE OF TEXAS §
COUNTY OF JEFFERSON §
CITY OF BEAUMONT §
BEFORE ME,the undersigned,a Notary Public in and for the said county and state,on this day personally
appeared known to me to be the person and officer whose name is subscribed to the foregoing
instruction,and acknowledged to me that the same was the act of the said Owner,and that he executed the same as the
act of such company for the purposes and consideration therein expressed,and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of ,A.D. 2007.
Notary Public
My Commission Expires:
C4 ofBmunm t 1330 Iangham Road
water UfiWes Deem Page 5 of 5 Bmumont Tan 77707
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a wastewater service
agreement with West Jefferson Municipal Utility District to provide sanitary sewer service
to the Cheek community located outside the Beaumont city limits.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
September, 2007.
- Mayor Becky Ames -
D
...... City Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorneyyl- ---
MEETING DATE: September 11, 2007
AGENDA MEMO DATE: September 5, 2007
REQUESTED ACTION: Council consider a resolution authorizing the
settlement of the claim of Sunoco Pipeline.
RECOMMENDATION
Council approval of a resolution authorizing the settlement of the claim of Sunoco Pipeline.
BACKGROUND
Council discussed the settlement of this claim in Executive Session on September 4, 2007.
Recommended by City Manager and City Attorney.
BUDGETARY IMPACT
There are sufficient funds in the Liability Trust Fund to pay the settlement amount as shown:
Sunoco Pipeline
$13,662.24
RESOLUTION NO.
WHEREAS, the claim of Sunoco Pipeline has been discussed in an Executive
Session properly called and held Tuesday, September 4, 2007; and,
WHEREAS, the Council desires to authorize the settlement of the claim;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be and he is hereby authorized to settle the claim of Sunoco
Pipeline in the amount of Thirteen-Thousand Six-Hundred Sixty-Two and 24/100
($13,662.24) Dollars.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
September, 2007.
- Mayor Becky Ames -
E
,..,,, City Council Agenda Item
M I c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City AttorneysJ�
MEETING DATE: September 11, 2007
AGENDA MEMO DATE: September 5, 2007
REQUESTED ACTION: Council consider a resolution authorizing the
settlement of the claim of Delia Masong.
RECOMMENDATION
Council approval of a resolution authorizing the settlement of the claim of Delia Masong.
BACKGROUND
Council discussed the settlement of this claim in Executive Session on September 4, 2007.
Recommended by City Manager and City Attorney.
BUDGETARYIMPACT
There are sufficient funds in the Liability Trust Fund to pay the settlement amount as shown:
Delia Masong
$18,000
RESOLUTION NO.
WHEREAS,the claim of Delia Masong has been discussed in an Executive Session
properly called and held Tuesday, September 4, 2007; and,
WHEREAS, the Council desires to authorize the settlement of the claim;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be and he is hereby authorized to settle the claim of Delia Masong
in the amount of Eighteen-Thousand ($18,000) Dollars.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
September, 2007.
- Mayor Becky Ames -
��
WAIA
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS SEPTEMBER 11, 2007 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-5/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider approving a resolution rejecting the bid received for the First Baptist
Church Parking Lot Project
2. Consider approving a bid for replacing the gymnasium floor at the Sterling Pruitt
Activity Center
3. Consider authorizing the City Manager to execute a Memorandum of Oil, Gas and
Mineral Lease and a Oil and Gas Lease for 275.44 acres of land, Beaumont
Municipal Airport, in the Asahel Savery League
4. Consider approving a grant application to provide funding for design and
construction services for improvements to the Beaumont Municipal Airport
5. Consider approving a contract for construction management services for the
rehabilitation and reconstruction of owner-occupied housing units damaged during
Hurricane Rita with funding provided from Federal and State grants
PUBLIC HEARING: Receive comments on the proposed 2007(FY 2008)Tax Rate
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:
The City of Beaumont v. International Association of Fire Fighters
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting.
1
September 11,2007
Consider approving a resolution rejecting the bid received for the First Baptist Church Parking
Lot Project
City Council Agenda Item
� ' c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: September 11, 2007
AGENDA MEMO DATE: September 5, 2007
REQUESTED ACTION: Council consider a resolution rejecting the bid received in the
amount of$319,790.00 for the First Baptist Church Parking
Lot Project from H. B. Neild and Sons, Inc.
RECOMMENDATION
Administration recommends rejecting the bid received for the First Baptist Church Parking Lot
Project in the amount of$319,790.00 from H. B. Neild and Sons, Inc.
BACKGROUND
On August 9, 2007, the City of Beaumont received one bid for construction of the First Baptist
Church Parking Lot in the amount of$319,790.00 from H. B.Neild and Sons, Inc.,which exceeded
the estimated construction cost of$200,000.00. The project scope of work will be revised and rebid
at a later date.
BUDGETARY IMPACT
None.
i .pa
09/05/2007
RESOLUTION NO.
WHEREAS, bids were solicited for the First Baptist Church Parking Lot Project;and,
WHEREAS, the City of Beaumont received one bid for construction of the First
Baptist Church Parking Lot in the amount of$319,790.00 from H. B. Neild and Sons, Inc.,
of Beaumont, Texas; and,
WHEREAS, the bid submitted by H. B. Neild and Sons, Inc., exceeds the estimated
construction cost of$200,000.00; and
WHEREAS, the state bidding laws grant to the City of Beaumont the authority to
reject any and all bids; and
WHEREAS, City Council is of the opinion that the bid submitted by H. B. Neild and
Sons, Inc., of Beaumont, Texas, does not provide the best value for the City and should
be rejected;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by H. B. Neild and Sons, Inc., Beaumont, Texas, for the First
Baptist Church Parking Lot Project in the amount of $319,790.00 be, and it is hereby,
rejected by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
September, 2007.
- Mayor Becky Ames -
Z
September 11,2007
Consider approving a bid for replacing the gymnasium floor at the Sterling Pruitt Activity Center
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: September 11, 2007
AGENDA MEMO DATE: August 31, 2007
REQUESTED ACTION: Council approval of the award of a bid for replacing the
gymnasium floor at the Sterling Pruitt Activity Center.
RECOMMENDATION
Administration recommends the award of a bid to N.A.H., Inc. of Houston, Texas in the amount of
$305,285.
BACKGROUND
Bids were received on Thursday, August 23, 2007 for furnishing all labor, equipment, materials and
supervision for replacing the gymnasium floor at the Sterling Pruitt Activity Center. The floor to be
installed is a multipurpose floor system comprised of a rubber base mat and polyurethane surface.
Court markings can be applied to this surface for sports activities. The flooring is not limited to
sports use as are traditional wood floors. A traditional wood sports floor marked for basketball was
installed when the building was constructed limiting the use of the large gymnasium for other
activities. The floor has been damaged from water seepage into the building.
The new synthetic surface floors are used in schools and activity centers. They are durable, shock
absorbing,repairable and safe. They can be striped for various sports activities and can withstand the
everyday use of tables, chairs and bleachers.
Two bids from authorized installers were received and are listed below:
Vendor Price Completion Time
N.A.H., Inc. $305,285 45 calendar days
Houston, TX
Bauer Sport Floors, Inc. $335,000 120 calendar days
Houston, TX
Sterling Pruitt Activity Center Gym Flooring
August 31, 2007
Page 2
Low bidder N.A.H.,Inc.will not be subcontracting any work,therefore,no MBE goals will be met
on this project.
N.A.H., Inc. will install a Robbins Sports Pulastic Flooring System. Work shall commence in
October and be completed within forty-five (45) days. Construction should not interfere with
activities at the center during this time.
BUDGETARY IMPACT
Funds for this project are budgeted in the Capital Reserve Fund.
RESOLUTION NO.
WHEREAS, bids were solicited for replacing the gymnasium floor at the Sterling
Pruitt Activity Center; and,
WHEREAS, N.A.H., Inc. of Houston, Texas, submitted a bid in the amount of
$305,285 and,
WHEREAS, City Council is of the opinion that the bid submitted by N.A.H., Inc. of
Houston, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by N.A.H., Inc. of Houston, Texas, for replacing the gymnasium
floor at the Sterling Pruitt Activity Center in the amount of$305,285 be accepted by the City
of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
September, 2007.
- Mayor Becky Ames -
3
September 11,2007
Consider authorizing the City Manager to execute a Memorandum of Oil, Gas and Mineral Lease
and a Oil and Gas Lease for 275.44 acres of land, Beaumont Municipal Airport, in the Asahel
Savery League
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: September 11, 2007
AGENDA MEMO DATE: August 29, 2007
REQUESTED ACTION: Council authorize the City Manager to execute a
Memorandum of Oil, Gas and Mineral Lease and a Oil and
Gas Lease with Cimarex Energy Co. of Tulsa, Oklahoma for
275.44 acres of land, Beaumont Municipal Airport, in the
Asahel Savery League.
RECOMMENDATION
Administration recommends Council authorize the City Manager to execute a Memorandum of Oil,
Gas and Mineral Lease and a Oil and Gas Lease with Cimarex Energy Co. of Tulsa, Oklahoma for
275.44 acres of land, Beaumont Municipal Airport, in the Asahel Savery League.
BACKGROUND
Cimarex Energy Company is planning a 3-D Seismic Project that includes the property on which
Beaumont Municipal Airport is located. The Memorandum of Oil, Gas and Mineral Lease will serve
to evidence the existence of an Oil and Gas Lease and is recorded in lieu of filing the Oil and Gas
Lease for record in the Official Records of Jefferson County. The Memorandum is filed so as to
avoid unduly encumbering such records and to give notice to third parties dealing with Lessor or
Lessee or with the leased lands.
The Oil and Gas Lease is for a term of three (3) years with a $300 per net mineral acre bonus and
a annual rental payment of$50 per net mineral acre. Additionally, if any oil and condensate or other
liquid hydrocarbons produces at the well or at an oil and gas separator the City will receive a 25
percent royalty payment.
BUDGETARY IMPACT
Submitted with the leases was a check for mineral acre bonus in the amount$82,632. Over the term
of the lease the City will receive a total of$41,316 in annual rentals.
Airport0i1GasLease0MG1,and.wpd
August 29,2007
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Memorandum of Oil,
Gas and Mineral Lease and an Oil and Gas Lease with Cimarex Energy Co. of Tulsa,
Oklahoma, for 275.44 acres of land, Beaumont Municipal Airport, in the Asahel Savery
League. The leases are substantially in the forms attached hereto as Exhibit "A," and
Exhibit "B."
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
September, 2007.
- Mayor Becky Ames -
797/056-003/JH/srf
MEMORANDUM OF
OIL,GAS AND MINERAL LEASE
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This Agreement,made and entered into on the day of ,2007 by and between the
CITY OF BEAUMONT,whose address is 801 Main Street,Beaumont,TX 77701,hereinafter referred to as"Lessor",
whether one or more,and CIMAREX ENERGY CO.,whose address is 15 E.5' Street,Suite 1000,Tulsa,OK 74103,
hereinafter referred to as"Lessee".
WITNESSETH:
Lessor and Lessee have this day entered into an Oil,Gas and Mineral Lease("Lease")covering the following
described lands located in Jefferson County,Texas(the"lands"),to wit:
275.44 acres of land,more or less,in the Asahel Savery League,Abstract 46,Jefferson County,
Texas,being more particularly described in that certain deed dated July 5,1929,from Evelyn
R.Poole, Individually and as Trustee,and husband Clark L.Poole,Clarence W.Richards,
Theodora R Ellsworth,and husband Clyde L.Ellsworth and The Estate of Laura W.Zeigler,
deceased, R O.Woodard and T,R Stam,Executors, to the City of Beaumont recorded in
Volume 328,Page 477 of the Deed Records of Jefferson County,Texas to which reference is
herein made for a more complete description.
The Oil,Gas and Mineral Lease has a primary term of three(3)years from the effective date of said Lease,and
shall continue as long thereafter as oil or gas is produced in paying quantities from the Leased Premises or land pooled
therewith,or said lease is otherwise maintained,all as more particularly set out in said Oil,Gas and Mineral Lease of
even date herewith to which reference is hereby made for all purposes including further description of the terms,
provisions and conditions of said Lease.
This Memorandum of Oil,Gas and Mineral Lease("Memorandum")is subject to the temis and conditions of
that certain Lease of even date herewith between the parties hereto which,with all of its terms,covenants and other
conditions,is hereby referred to and incorporated herein,the same as if copied in full herein at this point. Included
within the terms,provisions and conditions of the Oil,Gas and Mineral Lease is the right of Lessee to obtain subsurface
right-of-ways and easements murder the surface of and through the subsurface of the leased premises.
The purpose of this Memorandum is to evidence the existence of said Lease and this Memorandum is executed
and recorded solely for the purpose of affording notice of the existence of-said Lease and shall not amend,alter or
otherwise affect the terms,provisions and conditions of said Lease.This Memorandum is recorded in lieu of filing said
Lease for record in the Official Records of Jefferson County,Texas,so as to avoid unduly encumbering such records
and to give notice to all third parties dealing with Lessor and Lessee or with the lands described herein.The Lease and
this Memorandum shall be binding upon Lessor and Lessee and their respective heirs,successors,representatives and
assigns.
This Memorandum of Oil,Gas and Mineral Lease may be executed as one instrument or in several partially
executed counterparts and the original and all counterparts shall be construed together and shall constitute one
Agreement Should less than all of the named Lessors execute this Memorandum,it shall be binding on those who sign.
IN WITNESS WHEREOF,this instrument is executed on the date first above written.
LESSOR:
CITY OF BEAUMONT
KYLE HAYES,CITY MANAGER
CITY OF BEAUMONT
NOTICE OF CONFIDENTIALITY RIGHTS:IF YOU ARE A NATURAL PERSON,YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
EXHIBIT,,e„
797 1056-003 1JIUsrf
LESSEE:
CIMAREX ENERGY CO.
JAMES L.PAINTER,ATTORNEY-IN-FACT
CIMAREX ENERGY CO.
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of 2007,
by KYLE HAYES,CITY MANAGER of the CITY OF BEAUMONT,acting in said capacity.
Notary Public,State of TEXAS
My Commission Expires:
ACKNOWLEDGMENT
STATE OF OKLAHOMA §
COUNTY OF §
This instrument was acknowledged before me on this the day of 2007,
by JAMES L.PAINTER,Attorney-in-Fact for Cimarex Energy Co.
Notary Public,State of OKLAHOMA
My Commission Expires:
II
OIL AND GAS LEASE
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This AGREEMENT made and entered into this the day of ,20_by
and between the City of Beaumont,whose address is 801 Main Street,Beaumont,Texas 77701,
hereinafter called Lessor,and Cimarex Energy Co.,whose address is 15 E.5'Street,Suite 1000,
Tulsa,OK 74103,hereinafter called Lessee,whether one or more,
WITNESSETH:
1. GRANTING CLAUSE:Lessor,for and in consideration of the sum of TEN AND
NO 1100 DOLLARS($10.00)cash in hand paid,and other valuable consideration,reciept of which
is hereby acknowledged,hereby grants,leases and lets exclusively unto Lessee for the purpose of
exploring for and producing oil and gas and other liquid hydrocarbons.Upon the following terms
and conditions,the following described land,to wit:
As fully described in Exhibit"A"attached hereto and
made a part hereof.
Due to the nature of the present use of the surface of the herein leased premises Lessee shall
make no surface use whatsoever without the prior written consent of Lessor and all other
governmental authorities having jurisdiction hereof, which consent shall not be unreasonably
withheld.
There is expressly reserved and excepted unto Lessor(except a hereinabove provided)all
other mineral substances(except those expressly covered in this lease)owned by Lessor in,under,
or upon the leased premises, together with the rights of ingress and egress for purposes of
exploration for and production of those mineral substances and forms of energy hereby reserved and
excepted unto Lessor.There is further reserved unto Lessor the right to authorize any and all
geophysical and geological tests on the leased premises reasonably necessary and incident to the
exploration for such mineral substances and forms of energy.Such exploration and production shall
not unreasonably interfere with the operations of the Lessee herein.
For the purpose of calculating payments hereinafter provided(except royalties),the land
described in Exhibit"A"attached hereto is considered to constitute two hundred seventy-five and
forty-four hundreths(275.44)acres,whether actually more or less.
2. LEASE TERM:Subject to the other provisions herein contained,this lease shall
be for a term of three(3)years from this date(called primary term)and as long thereafter as oil,gas,
and other liquid hydrocarbons are produced in paying quantities(herein defined)from the leased
premises,or this lease is otherwise maintained in effect as hereinafter provided.
3. ANNUAL DELAY RENTAL:This lease shall terminate as to all the leased premises
lying outside of a producing well tract or unit one year from this date unless on or before such
anniversary date Lessee shall pay or tender to Lessor at 801 Main Street,Beaumont,Texas,77701
regardless of changes in ownership of said land or the rentals,the sum of FIFTY DOLLARS AND
NO 1100($50.00)per acre(herein called rentals)for all the leased premises lying outside of a
designated producing unit well tract or unit,which shall continue this lease in force and effect as to
all such land for a period of twelve(12)months.In like manner and upon like payment or tender
annually,such termination of all the leased premises lying outside of a designated producing unit
well tract may be further deferred to successive periods of twelve(12)months each during the
primary term.The payment or tender of rental under this paragraph and of royalty under on any gas
well from which gas is not being sold or used may be made by the check or draft of Lessee mailed
or delivered to the parties entitled thereto on or before the date of payment.
EXHIBIT"B"
4. ROYALTY:The royalties to be paid by Lessee to Lessor are:
(i) On oil and condensate or other liquid hydrocarbons produced at the well or at an oil
and gas separator of the conventional type twenty-five(25%)percent of the entire eight-eighths
(8/8%)of that produced and saved from the land described herein,free of any expense to Lessor,
to be,at Lessor's option either(1)delivered into the pipelines,tanks,or other receptacles to which
Lessee may connect Lessee's well or wells for the purpose of storage and/or sale of the oil produced,
(2)delivered at the well into tanks or other receptacles provided by Lessor,at Lessor's own expense,
(3)purchased by Lessee or any affiliate of Lessee,at the market price being paid on the date of
purchase,or(4)sold by Lessee(for Lessor's account)to the purchaser of Lessee's oil if sold by
Lessee at the well or on the lease,for the price received by Lessee,or any affiliate of Lessee,for its
own oil produced from said land.In no event shall the price paid be less than the market value on
the date produced or the price received by Lessee or an affiliate of Lessee,whichever is greater.
Provided, however, if the oil and condensate or other liquid hydrocarbons be run through or
processed in a plant of the type authorized below,the royalty thereon shall be calculated and paid
under the terms and provisions as herein provided.
(ii) Lessee agrees that before any gas containing recoverable liquid hydrocarbons(except
gas run through an absorption plant or other type of plant for the extraction of hydrocarbons
products as hereinafter authorized below)produced from said land is sold or used,it will be run
through an adequate oil and gas separator of the conventional type or other equipment as least as
efficient,so that as much of such liquid hydrocarbons as can be reasonably recovered from the gas
by such means will be recovered, without diminishing the BTU rating below the prevailing
minimums of the industry for the sale of such gas in the area.
(iii) If gas,casinghead gas or the gaseous substances produced from said land is sold at
the well or at a delivery point on or off the leased land,the royalty on same shall be twenty-five
(25%)percent of the market value of the gas at the time it is produced,provided that in no event
shall the price paid be less than twenty-five(25%)percent of the amount realized therefrom by
Lessee of an affiliate of Lessee.
(iv) If Lessee,or an affiliate of Lessee shall themselves,or by arrangement with others,
run oil,condensate,other liquid hydrocarbons,gas,casinghead gas,or other gaseous substances
produced from said land through a processing absorption or extraction plant,or use such production
from said land in the manufacture,extraction or separation of gasoline, condensate,distillate,
butanes,propanes,chemicals, chemical compounds, or the liquid or gaseous hydrocarbons,or
products manufactured,processed,separated,or extracted therefrom,the royalty therefor shall be,
at the option of Lessor,either twenty-five(25%)percent of the market value of such oil,condensate,
other liquid hydrocarbons,gas,casinghead gas,or other gaseous substances at the well or delivery
point on the leased premises, or twenty-five (25%) percent of the market value of the gross
production of products and components derived therefrom by such processing and manufacturing
such plant,and Lessor shall be paid on residue gas twenty-five(25%)percent of the market value
at the tail gate of the plant,but in no event less than the proportionate amount realized by Lessee or
an affiliate of Lessee for such residue gas. The market value paid hereunder for gasoline,
condensate,distillate,butanes,propanes,chemicals,chemical compounds or other liquid or gaseous
hydrocarbons,or products manufactured,processed,so separated or extracted,shall be not less than
the average selling price of the respective grades thereof f.o.b.at the plant for the month in which
same is delivered and shall be not less than the average price quoted(if prices are quoted)in two of
the leading periodicals of the industry for similar grades of the products enumerated above.
(v) The royalty on any gas,casinghead gas or other gaseous substances,produced from
the land herein described and used,sold or delivered in any way other than specifically provided
above shall be twenty-five(25%)percent of the market value at the well at the time it is provided,
except that if the same is run through an oil and gas separator as hereinabove provided,the royalty
shall be twenty-five(25%)percent of the market value at the downstream outlet of such separator,
but not less than the amount realized by the Lessee,or an affiliate of Lessee.
(vi) Should Lessee or an affiliate of Lessee use,sell,deliver,or contract with others for
the use,sale,delivery or processing of gas, oil, or other hydrocarbons from said land for any
purposes or under any condition not specifically covered by this Paragraph 4,then Lessor shall have
the option at any time,and from time to time,to elect as to the royalty thereon to(1)either receive
the royalty herein provided for gas,oil or other liquid hydrocarbons produced and saved or sold,or
(2)to be paid twenty-five(25%)percent of the amount realized by Lessee or Lessee's affiliate from
the use,sale,delivery or processing so such gas,oil or other liquid hydrocarbons produced from said
land or received by Lessee or an affiliate of Lessee in exchange for or in lieu of gas,oil or other
liquid hydrocarbons produced from the said land,or any components thereof.
(vii) Lessee shall not have the right to reinject or store oil,gas or other hydrocarbons
produced from said land into any underground reservoir or formation in or under than the land
described herein.
(viii) The term"affiliate of Lessee"as herein used,means and includes any partner,joint
venturer,creditor,agent or representative of Lessee;any firm or corporation that,at the time in
question,is a subsidiary or part firm of Lessee;any firm or corporation that,which has the same
parent firm or corporation as or substantially the same officers,or directors as Lessee;any firm or
corporation in which any officers, directors, stockholders, partners,joint venturers, agents or
representatives of Lessee own controlling interest;or any person,firm or corporation which owns
a controlling interest in the capital stock or interest of Lessee.In addition to the foregoing definition
of"affiliate of Lessee,"it is understood and agreed that if any oil,gas or other liquid hydrocarbons
or any portion thereof produced from the land described herein is delivered or sold to any person
or entity and subsequently the same or any portion thereof is redelivered or resold to Lessee,or any
affiliate Lessee,then within the meaning of this lease,and for the purposes of calculating the royalty
hereunder,the person or entity top which such gas or other liquid hydrocarbons are delivered or
sold,shall be regarded as an"affiliate of Lessee."If Lessee or an affiliate of Lessee receives,
purchases or uses all or any portion of the oil,gas or other liquid hydrocarbons which were produced
from the land covered by this lease which was obtained after Lessee,or an affiliate of Lessee,has
sold,transferred or delivered to a party,not an affiliate of Lessee,at such time;or if Lessee,or an
affiliate of Lessee,obtains by purchase in exchange or in a trade out of exchange gas,oil or other
liquid hydrocarbons of a similar nature to those produced or reasonably suite to the use to which the
production from the land covered hereby could be put,then in that event,the gas,oil or other liquid
hydrocarbons obtained shall be treated for all purposes under this Paragraph as if same had remained
in the hands of Lessee,or an affiliate of Lessee.
(ix) Notwithstanding any thing herein to the contrary contained,it is expressly stipulated
that Lessor,at Lessor's option,and from time to time,upon thirty(30)days prior written notice to
Lessee,may elect to take in kind any of its royalty share of gas,oil or other hydrocarbons produced
hereunder,and to separately sell,use or dispose of same or any portion thereof.In the event Lessor
so elects to take in kind all or a portion of its royalty share of any mineral or production,Lessor shall
install the necessary additional facilities at Lessor's cost and expense.Any contract entered into by
the Lessee for the sale of gas,oil or other liquid hydrocarbons produced shall be subject to and
express that it is subject to Lessor's right to take in kind.Lessor may exercise such right to take in
kind from time to time,and also may countermand same from time to time on like written notice.
Lessee shall forthwith furnish Lessor true copies of all contracts entered into by Lessee for the sale
or disposition of any gas,oil and other liquid hydrocarbons,produced under this lease. Unless and
until and at all times,except when Lessor is receiving and separately disposing of Lessor's royalty
portion of gas,oil and other liquid hydrocarbons,Lessee will be obligated to receive and dispose of
same under the royalty provisions of this lease.
(x) Lessee agrees that division order or other such documents shall not constitute a valid
amendment alteration or addition to the provisions of this lease.
(xi) Notwithstanding any provisions of Paragraph 4 of this lease to the contrary,it is
specifically agreed that no gathering,dehydration,compression,separating,processing,treating and
marketing or other charges of any kind either directly or indirectly to make the gas ready for sale
or use except transportation,shall be assessed against the royalty interest of the Lessor resulting
from the sale or use of minerals produced from the land covered by this lease or from land pooled
therewith. In regard to transportation costs and expenses, Lessee may not, either directly or
indirectly,charge Lessor's royalty for any costs or expenses of transportation where such gas is sold
at the wellhead.Where gas is sold off the premises,Lessee may deduct from the gross proceeds
received for the sale of such gas,a reasonable transportation fee or expense so long as the resulting
price for such gas, after deduction for a reasonable transportation fee,is greater than the then
prevailing price being paid for gas at the wellhead in the field.Said prevailing price shall be defined
I
as that price published in the first issue of each month of"Natural Gas Weekly"under the heading
"Gas Price Report"for"Texas Gulf Coast,On Shore,Spot Wellhead."Upon written request by
Lessor,Lessee shall fiimish a quote of the then current"Natural Gas Weekly"publication and any
documents supporting the transportation charges,Lessee will make all reasonable efforts to obtain
the highest prices for gas sales.
(xii) It is expressly provided that Lessee and any affiliate of Lessee shall at all times
exercise due diligence as the fiduciary agent for Lessor in the marketing of all products produced
under the terms of this lease.
(xiii) Royalties payable on production hereunder shall be due within sixty(60)days after
the sale of such production provided,however,it is agreed that the royalty payment due on the first
sale of a product produced hereunder shall not be due until one hundred twenty(120)days after such
sale.Any royalties not paid as herein provided,including suspended royalties shall bear interest at
the rate of ten percent(10%)per annum until paid.
(xiv) Notwithstanding anything in this Lease to the contrary,Lessee shall never be required
to pay royalties on a basis higher than the price actually received by Lessee for its share of
production pursuant to an arms-length sale of oil,gas,products or other substances produced under
this Lease.
5. SHUT-IN GAS PROVISION ON GAS:Notwithstanding anything to the contrary
herein,it is agreed that if and while there is a gas well or wells on the]eased premises(the term"gas
well'shall be wells capable of producing natural gas which are classified as gas wells by the
governmental authority having jurisdiction)and such well or wells are shut-in,then Lessee shall pay
Lessor monthly an amount equal to FIVE HUNDRED DOLLARS AND NO/100($500.00)per well.
This amount shall be paid monthly,the first payment being due not later than sixty(60)days after
completion of such shut-in well or wells,and shall continue until such gas is produced and sold.
Provided,however,Lessee may maintain this lease in force and effect solely by the tender shut-in
payments in accordance with this paragraph for a period not to exceed twenty-four(24)consecutive
months for the first and twelve(12)consecutive months for any subsequent occurrence during the
term of this lease. It is expressly understood and agreed that such shut-in payments shall be
considered a rental and shall not constitute advance royalty.
It is understood that shut-in gas payments are additional delay rental payments and must
be timely made.
6. MINIMUM ROYALTY PAYMENTS:After the end of the primary term,should the
total payments made under this lease for the preceding lease year be less than SEVENTY-FIVE
DOLLARS AND N01100($75.00)per acre for each acre covered by this lease on the first day of
such lease year,then within 60 days after the end of such lease year Lessee shall pay to Lessor the
difference between that amount and the payments actually made.The term"lease year"shall mean
each year commencing on the anniversary date of this lease.Should this minimum royalty payment
not be timely made to Lessor or the depository bank above designated,then it shall be considered
that this lease is not producing in paying quantities.A minimum royalty payment shall be allowed
for no longer than two(2)consecutive years,after that time if the well is not providing production
so that the actual royalty due lessor equals the minimum royalty,the this lease shall terminate.
7. PARTIAL OWNERSHIP OF MINERAL ESTATE:It is agreed that if Lessor owns
an interest is said land less than the entire mineral estate royalties and rentals or other payments
herein to be paid or delivered to Lessor shall be reduced proportionately and all outstanding royalties
shall be deducted from those herein provided.
8. CESSATION OF PRODUCTION AND CONTINUOUS OPERATIONS:After
discovery and production of oil,gas,or other liquid hydrocarbons on the leased premises,and after
the expiration of the primary term of this lease,if production thereof should cease from any cause,
this lease shall not terminate if Lessee commences operations for drilling or reworking an existing
or new well within sixty(60)days thereafter.If at the expiration of the primary term Lessee is then
engaged in any drilling or reworking operations thereon or shall have completed a dry hole thereon
within sixty(60)days prior to the end of the primary term,this lease shall remain in force so long
as operations on said well or for the drilling or reworking of any well are prosecuted with no
cessation of more than(60)consecutive days,and if they result in the production of oil,gas or other
liquid hydrocarbons,this lease shall remain in force as hereinabove provided so long thereafter as
oil,gas or other liquid hydrocarbons,is produced from said land,or on acreage pooled therewith(if
so provided for this lease).In the event,and during such period of time,this lease is being continued
in effect under the provisions of this paragraph,Lessee upon written request of Lessor shall render
to Lessor weekly reports of all operations begun,conducted or terminated by Lessee upon the leased
premises,including,but not limited to,daily progress information regarding each well until oil,gas
or other liquid hydrocarbons are produced and royalties paid thereon, or until the lease is
surrendered to Lessor.Reworking operations hereunder shall be deemed to be commenced when the
first work is commenced and prosecuted with reasonable diligence and drilling operations on a new
well shall be deemed to be commenced on the date when the well is spudded in with a rig capable
of reaching the permitted depth.
9. PARTIAL SURRENDER:Should any part of this lease be pooled,as provided in
Paragraph 22 hereof,with an adjoining tract of land during the primary term of this lease and a well
actually drilled on said unit, then Lessee shall reasonably develop the acreage hereunder. In
complying with this provision,it is agreed that in the event more than 180 days elapses between the
completion of the unit well and the commencement of actual drilling operations on the next unit well
Lessee shall upon written demand of Lessor forthwith execute and place of record in the country
of which such land is located a release of all the premises covered by this lease save and except that
Lessee may retain under the terms hereof the minimum number of acres as provided in Paragraph
22. To comply with the requirement of"commencement of actual drilling operations"as used
herein.Lessee shall have a drilling rig capable of drilling to the permitted depth on the location of
the well and on a unit designated of record.Shall Lessee fail or refuse to place of record in the
proper county the necessary release of lease as required herein Lessor shall have the right to recover
from the Lessee all reasonable and necessary expenses of obtaining and filing such release including
attorneys fees and costs of court.
10. OFFSET OBLIGATIONS:After discovery of oil,gas or other liquid hydrocarbons
upon the leased premises,in addition to other provisions of this lease,Lessee agrees to conduct such
further operations as a reasonably prudent operator would do under the same or similar
circumstances in order to reasonably develop the leased premises.In the event a well or wells
producing oil in paying quantities should be brought in on adjoining lands within six hundred sixty
(660)feet from the leased premises,or draining the leased premises,.or in the event a well or wells
producing gas in paying quantities should be brought in on adjoining lands within one thousand
three hundred twenty(1,320)feet from the leased premises,or draining the leased premises,Lessee
agrees to commence actual drilling operations on the leased premises of an offset well within one
hundred twenty(120)days from the date production commences from said well or wells and Lessee
receives all necessary permission from the Lessor and other governmental authorities having
jurisdiction over the surface and mineral use of the leased premises.In lieu of drilling such well or
wells,Lessee may,at Lessee's option,pay Lessor,as compensatory royalty,a sum equal to the
royalty which would be payable under this lease on the volume of production from a well or wells
on other lands or covered by this lease had same been produced hereunder or tender to Lessor a
release of this Lease as to the producing reservoir horizon from which such other well or wells on
other.lands are producing and which is not then assigned to a producing well or unit drilled on or
pooled with the herein leased land.Notwithstanding anything to the contrary herein contained,
Lessee shall not be obligated to drill such well or wells or to pay such compensatory royalty if
Lessee already has a producing well on these leased premises which may reasonably be held to
provide drainage protection.
11. DAMAGES: Lessee will bury and maintain all pipelines a minimum of forty-eight
(48)inches below the surface of the ground. Lessee will pay to Lessor actual damages to timber,
to crops,to improvements and to the surface of the leased lands suffered by Lessor and any tenant
of Lessor caused by or arising out of operations under this lease. Pits and excavations made during
drilling operations will be filled by Lessee and the surface restored,as nearly as reasonably possible,
to its original condition;and if Lessee shall fail to do so,the cost to Lessor of such filling and
restoration shall be paid by Lessee,Lessee's obligations under this paragraph shall be in addition
to,and shall not in any way modify of diminish its obligations under any other paragraph thereof.
12. SURRENDER: Except as herein otherwise provided,Lessee may,at anytime,
execute and deliver to Lessor,a release covering any portion of the above described premises,and
thereby surrender the lease to such a portion,and be relieved of all obligations as to the acreage
surrendered;provided,however,nothing herein contained shall be construed to relieve the Lessee
of any obligations or payment already then assumed or incurred.
13. REMOVAL OF LESSEE'S PROPERTY: Lessee shall have the duty,during or
within one hundred twenty(120)days after the expiration of this lease,to remove all property and
fixtures placed by Lessee on the leased premises,including the right to draw and remove casing;
Property and fixtures not removed within such one hundred twenty(120)days period will become
the property of the Lessor,except that if Lessor requires that any of such property be removed.
Lessee shall remove the same property,or in the event Lessee fails to do so,Lessor may remove the
same at the sole cost,risk and expense of Lessee.
14. TERMINATION: Any well or wells shall be abandoned in accordance will all
rules and regulations of the Railroad Commission of the State of Texas and any other environmental
or regulatory governmental body having jurisdiction thereof. All Pipelines shall be removed and
the surface restored and leveled.
Any pipeline,pits or other excavations shall be dug using the two-step method as understood
in the pipeline business. Upon abandonment top soil shall be placed on the surface to its original
depth.
Any ground contamination caused by Lessee shall be corrected within a reasonable time to
conform with then existing environmental rules and regulations.
15. FORCE MAJEURE: The covenants and agreements herein expressed or implied
in this agreement shall be subject to all valid Federal and State laws,executive orders,rules or
regulations,and this lease shall not be terminated,in whole or in part,nor Lessee held liable in
damages for failure to comply therewith if compliance is prevented by,or if such failure is the result
of any such law,order,rule or regulation. If after the primary term,from such cause,Lessee is
prevented from conducting drilling or reworking operations on,or producing oil or gas from the
leased premises,the time while Lessee is so prevented shall not be counted against Lessee,and this
lease shall be extended for a period of time equal to that during which Lessee is so prevented from
conducting such drilling or reworking operations on, or producing oil or gas from the leased
premises,notwithstanding any other provisions thereof.Similarly,when drilling or other operations
are delayed or interrupted by storm,flood,or other Acts of God,fire,war rebellion,insurrection,
riot,strikes,differences with workmen,or failure of carrier to transport or furnish facilities for
transportation,or as a result of some order,requisition,or necessity of the government,the time of
such delay or interruption shall not be counted against Lessee,anything in this lease to the contrary
notwithstanding,and in such event this lease shall be extended for a period of time equal;to that
during which such Lessee is so prevented from conducting drilling or reworking operations on,or
producing oil and gas from such leased premises,notwithstanding any other provision hereof.
Lessee shall within thirty(30) days after receiving notice of any such Federal or State Law,
executive order,rule or regulations,act or event contemplated under this section,notify Lessor
thereof and advise Lessor of the effect of such upon this lease. Lessee shall similarly notify Lessor
promptly of the termination thereof. Provided,however,the provisions of this paragraph shall in
no way abridge the right of Lessor to receive,or relieve Lessee of the obligation to pay, any
minimum sums herein described and provided.Anything to the contrary notwithstanding,this lease
shall not be suspended by reason of this paragraph for longer than one year per occurrence.
16. BREACH OF TERMS: Except as herein otherwise provided,the material breach
by Lessee of any obligation arising hereunder shall not work a forfeiture or a termination of this
lease or cause a termination or reversion of the estate hereby created nor be grounds for cancellation
hereof in whole or in part unless Lessor has first given to Lessee notice in writing specifying the
particulars in which,in the opinion of Lessor,Lessee has failed or breached this lease,and unless
Lessee(if Lessee,in fact be in default in the particulars specified)shall fail to proceed within thirty
(30)days after receipt of such notice to comply with the obligations of said lease specified in said
notice. If Lessee be of the opinion that it is not in default in the particulars specified)shall fail to
proceed within thirty(30)days after receipt of such notice to comply with the obligations of said
lease specified in said notice. If Lessee be of the opinion that it is not in default in the particulars
specified,Lessee shall reply to Lessor in writing within thirty(30)days of the receipt of such notice
by Lessor,specifying how,in the opinion of Lessee,Lessee is not in breach of this lease. If Lessor
brings suits to compel performance of,or to recover for breach of any covenant or condition herein
contained,or for declaratory relief,and prevails therein,Lessee agrees to pay to Lessor reasonable
attorney and consultant fees in addition to the amount of judgment and costs.
17. WELL INFORMATIONANSPECTION: Lessee shall furnish Lessor with true
copies of each application and report made by Lessee to the governmental authority asserting
jurisdiction pertaining to operations on the leased premises or on land pooled therewith
simultaneously with Lessee's Sling of each application and report with such governmental authority.
Lessee shall promptly furnish Lessor with final and complete copies of all longs and electrical
surveys run in each well located on the leased premises or on land pooled therewith,showing
formations encountered and identification of such formations as determined by Lessee or Lessee's
geologists or paleontologists. Lessee shall promptly furnish Lessor with copies of daily drilling
reports,core analyses andpaleontological reports when available and all other technical information
readily available with Lessor deems necessary to be informed of the condition and status of all wells
drilled,reworked,recompleted or otherwise operated on the leased premises or on land pooled
therewith. Lessor shall have the right,personally or through any agent or representative authorized
by Lessor,at Lessor's risk,to have derrick floor,well site and logging truck or trailer privileges
during operations on the leased premises or on land pooled therewith. Upon written request,Lessee
shall promptly furnish Lessor with full information on the metering of production and production
runs,together with full information regarding the calculation of all royalties payable under this lease.
18. ASSIGNMENT: The rights of Lessee hereunder may be assigned only with the
written consent of Lessor which consent shall not be unreasonably withheld. The rights of Lessor
hereunder may be assigned as to all or any part of the land or as to any minerals thereunder,and the
provisions hereof shall extend to the heirs,successors and assigns,but no change or division in
ownership of the lands,rentals or royalties,however accomplished,shall operate to enlarge the
obligation or diminish the rights of Lessee. Likewise,no change in ownership of the leasehold
rights hereby conveyed,however accomplished,shall operate to enlarge the obligations or diminish
the rights of Lessor hereunder.No sale or assignment by either party hereto shall be binding on the
other party until such other party or an authorized agent thereof shall be furnished with a certified
copy of recorded instrument evidencing same.
19. LIABILITY FOR DAMAGES: It is agreed that the terms and provisions of this
agreement shall insure to and be binding upon the respective successors,heirs,and assigns of Lessor
and Lessee.Notwithstanding that this lease may be assigned in whole or in part,it is understood and
agreed that the Lessee,both the original Lessee and such assignees shall nevertheless be jointly and
severally liable to Lessor,their heirs,successors,and assigns,for all damages to the surface and
subsurface of the lands covered hereby,for and all pollution caused by operations hereunder,for
the non-compliance with all Federal,State or other governmental or regulatory body's or agency's
laws,rules and regulations,either now in effect or hereinafter enacted or promulgated,and also
without limitation by enumeration,any and all other causes of such action which may be asserted
against Lessor,their heirs,successors,and assigns,for acts or omissions caused by operations
hereunder by any Lessee,and in connection with all of these,Lessee and all such assignees shall be
obligated to indemnify and hold harmless the Lessor,their heirs,successors and assigns.
20. PAYMENTS,NOTICES.ETC• All payments of monies payable to Lessor under
the terms and provisions hereof may be paid or tendered to Lessor or to the credit of Lessor in that
bank set forth in Paragraph 3 of this lease,which bank and its successors shall continue as the
depository for all monies payable hereunder,regardless of changes in ownership of said land or said
minimum royalties, unless and until Lessor shall execute and deliver to Lessee a recordable
instrument naming and designation another and different bank for such payments or tenders.If such
bank(or any successor bank)should fail,liquidate or be succeeded by another bank or for any
reason fail or refuse to accept said payments,Lessee shall immediately notify Lessor thereof and
shall not be held in default for failure to make such payments or tender until thirty(30)days after
Lessor shall deliver to Lessee a proper recordable instrument naming another bank to receive such
payment or tender. Any notices,reports,maps logs,requests or any other communications herein
provided to be made to Lessor by Lessee shall be made to the City Manager or his designee,City
of Beaumont,801 Main Street,Beaumont,Texas 77701. Any notices of communications specified
in this lease to be given to Lessee by Lessor be given to Cimarex Energy Co.,15 E.5'^Street,Suite
1000,Tulsa,OK 74103,Attn:Gulf Coast Region Land Manager.
21. SECTION HEADINGS: Paragraph and section headings and titles are for
convenience only,and do not represent interpretation or intent of the substance of the terms and
provisions of this agreement.
22. POOLING: At the expiration of the primary term and after all continuous
development operations have ceased,this lease shall terminate as to all depths 100 feet below the
deepest depth drilled in any unit containing all or part of the above described lands.Lessor reserves
the right of ingress and egress through all formations for the purpose of drilling to and producing
oil or gas from the formations which may revert to Lessor and the right to use as much of said
surface as is necessary for the drilling for,production of and storage of oil and gas from such
formations.
It is agreed and understood that if Lessee exercises its right to pool the land described
herein for oil or gas production then Lessee shall include all of the land described herein in the
resulting pooled unit.
It is expressly agreed and understood Lessee is hereby granted the right,at its option,
to pool or unitize any land covered by this lease,with any other land covered by this lease,and/or
with any other land,lease,or leases,as to any or all minerals or horizons,so as to establish units,
the size of which shall be limited in the same manner described herein below for limiting producing
acreage retained after the expiration of the primary term. The size of any established unit may be
changed from time to time as required by any governmental ruling or order to conform to the size
required by such governmental order or ruling. There shall be allocated to the land covered by this
lease within each such unit thatproportion of the total production of unitized minerals from the unit,
after deducting any production used in the lease or unit operations,which the number of surface
acres in the land covered by this lease that is put in the unit bears to the total number of surface acres
in the unit. Lessee shall establish all such units by filing an instrument identifying such unit for
record in the Official Public Records of Real Property in Jefferson County,Texas.
HOWEVER,after the expiration of the primary term,and after the discovery and production
of oil,gas or other liquid hydrocarbons in paying quantities on the leased premises,Lessee shall
reasonably develop the acreage retained hereunder,and in complying with this provision,it is agreed
that in the event more than one hundred eighty(180)days elapse between the completion of one well
and the commencement of actual drilling operations and then next well,Lessee shall upon written
demand of Lessors,forthwith execute and deliver to the Lessors,or place of record in the county in
which said land is located,a release of all the premises covered by this lease,save and except that
Lessee may retain under the terms hereof not more than forty(40)acres surrounding each producing
oil well or oil well then being reworked;not more than one hundred sixty(160)acres surrounding
each producing gas well,shut-in gas well,gas well then being reworked,or the acres included in any
pooled gas unit capable of producing from a depth of less than nine thousand feet (9,000')
subsurface;or not more than three hundred twenty(320)acres surrounding each producing gas well,
shut-in gas well,gas well then being reworked,or the acres included in any pooled gas unit capable
of producing from a depth of nine-thousand feet(9,000')or more but less than twelve thousand feet
(12,000')subsurface;or not more than six hundred forty(640)acres surrounding each producing gas
well,shut-in gas well,gas well then being reworked,or the acres included in any pooled gas unit
capable of producing from a depth of twelve thousand feet(12,000')or more subsurface;each such
tract(except the tracts in pooled gas units,if any)to be centered by said well,to be in as nearly a
square form as is reasonably possible,unless otherwise agreed to by Lessors,provided that if at any
time the foregoing arises,the Railroad Commission of Texas or any government authority asserting
jurisdiction has prescribed a spacing pattern for the orderly development of the field or allocates a
producing allowable for a well with acreage content as a factor which is in greater than or less than
the above described acreage,this lease shall remain in force and effect as to the tract or tracts of land
designated by Lessee in the manner herein provided containing the maximum number of acres so
prescribed or allocated and in effect at the time,such tracts around each such well and in each
pooled gas unit being hereinafter referred to as"well tracts".
23. Lessee shall abandon any well or wells on lands covered by this lease within 120
days after such well ceases to produce or at such time as that part of this lease containing such well
or wells terminate,whichever is the earlier date.
24. Notwithstanding anything to the contrary herein contained,this lease is granted
without warranty of title of any land whatsoever,expressed or implied. The Lessor's warranty of
title herein is limited to the refund to Lessee of the original per acre bonus paid for each mineral acre
on which title falls. This shall be the only recourse against the Lessor in the event of any failure of
title.
25. Wherever the term"Lessor"is used it shall mean the named"Lessor,its successors,
or assigns." Wherever the term"Lessee"is used,it shall mean its"successors,heirs,devisees or
assigns."
Witness our hands on the date first above written.
LESSOR:
CITY OF BEAUMONT
B .
E HAYS MANAGER
AUMONT,TEXAS
LESSEE:
CIMAREX ENERGY CO.
By:
JAMES L.PAINTER,ATTORNEY-IN-FACT
CIMAREX ENERGY CO.
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of
2007,by KYLE HAYES,CITY MANAGER of the CITY OF BEAUMONT,acting in said capacity.
Notary Public,State of TEXAS
My Commission Expires:
ACKNOWLEDGMENT
STATE OF OKLAHOMA §
COUNTY OF §
This instrument was acknowledged before me on this the_day of
2007,by JAMES L.PAINTER,Attorney-in-Fact for Cimarex Energy Co..
Notary Public,State of OKLAHOMA
My Commission Expires:
MEMORANDUM OF
OIL,GAS AND MINERAL LEASE
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This Agreement,made and entered into on,by and between the CITY OF BEAUMONT,whose address is
801 Main Street,Beaumont,TX 77701,hereinafter referred to as"Lessor',whether one or more,and CIMAREX
ENERGY CO.,whose address is 15 E.51°Street,Suite 1000,Tulsa,OK 74103,hereinafter referred to as"Lessee".
WITNESSETH:
Lessor and Lessee have this day entered into an Oil,Gas and Mineral Lease("Lease")covering the following
described lands located in Jefferson County,Texas(the"lands"),to wit:
275.44 acres of land,more or less,in the Asabel Savery League,Abstract 46,Jefferson County,
Texas,being more particularly described in that certain deed dated July 5,1929,from Evelyn
R Poole, Individually and as Trustee,and husband Clark L.Poole,Clarence W.Richards,
Theodora R.Ellsworth,and husband Clyde L.Ellsworth and The Estate of Laura W.Zeigler,
deceased, R.O.Woodard and T.R.Stam,Executors, to the City of Beaumont recorded in
Volume 328,Page 477 of the Deed Records of Jefferson County,Texas to which reference is
herein made for a more complete description.
The Oil,Gas and Mineral Lease has a primary term of three(3)years from the effective date of said Lease,and
shall continue as long thereafter as oil or gas is produced in paying quantities from the Leased Premises or land pooled
therewith,or said lease is otherwise maintained,all as more particularly set out in said Oil,Gas and Mineral Lease of
even date herewith to which reference is hereby made for all purposes including further description of the terms,
provisions and conditions of said Lease.
This Memorandum of Oil,Gas and Mineral Lease("Memorandum")is subject to the terms and conditions of
that certain Lease of even date herewith between the parties hereto which,with all of its terms,covenants and other
conditions,is hereby referred to and incorporated herein,the same as if copied in full herein at this point. Included
within the terms,provisions and conditions of the Oil,Gas and Mineral Lease is the right of Lessee to obtain subsurface
right-of-ways and easements under the surface of and through the subsurface of the leased premises.
The purpose of this Memorandum is to evidence the existence of said Lease and this Memorandum is executed
and recorded solely for the purpose of affording notice of the existence of said Lease and shall not amend,alter or
otherwise affect the terms,provisions and conditions of said Lease.This Memorandum is recorded in lieu of filing said
Lease for record in the Official Records of Jefferson County,Texas,so as to avoid unduly encumbering such records
and to give notice to all third parties dealing with Lessor and Lessee or with the lands described herein.The Lease and
this Memorandum shall be binding upon Lessor and Lessee and their respective heirs,successors,representatives and
assigns.
This Memorandum of Oil,Gas and Mineral Lease may be executed as one instrument or in several partially
executed counterparts and the original and all counterparts shall be construed together and shall constitute one
Agreement.Should less than all of the named Lessors execute this Memorandum,it shall be binding on those who sign.
IN WITNESS WHEREOF,this instrument is executed on the date first above written. .
LESSOR:
THE CITY OF BEAUMONT
KYLE HAYES,CITY MANAGER
CITY OF BEAUMONT
NOTICE OF CONFIDENTIALITY RIGHTS:IF YOU ARE A NATURAL PERSON,YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
LESSEE:
CIMAREX ENERGY CO.
JAMES L.PAINTER,ATTORNEY-IN-FACT
CIMAREX ENERGY CO.
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on this the day of 12007,
by KYLE HAYES,CITY MANAGER of the CITY OF BEAUMONT,acting in said capacity.
Notary Public,State of TEXAS
My Commission Expires:
ACKNOWLEDGMENT
STATE OF OKLAHOMA §
COUNTY OF §
This instrument was acknowledged before me on this the day of 2007,
by JAMES L.PAINTER,Attomey-in-Fact for Cimarex Energy Co..
Notary Public,State of OKLAHOMA
My Commission Expires:
4
September 11, 2007
Consider approving a grant application to provide funding for design and construction services
for improvements to the Beaumont Municipal Airport
City Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: September 11, 2007
AGENDA MEMO DATE: September 4, 2007
REQUESTED ACTION: Council consider authorizing a grant application to provide
funding for design and construction services for
improvements to the Beaumont Municipal Airport.
RECOMMENDATION
Administration recommends authorizing the City Manager to execute grant application documents
with the Texas Department of Transportation,Aviation Division,for improvements to the Beaumont
Municipal Airport located at 455 Keith Road.
BACKGROUND
The Beaumont Municipal Airport is eligible for federal grant funds through a program administered
by the Texas Department of Transportation,Aviation Division,Capital Improvement Program. The
City is eligible to apply for grant funds for engineering, design, and construction projects with a
match of 10% of the total projected cost.
The TxDOT Aviation Division's FY 2008-2010 Capital Improvement Program includes the
following improvements to the Beaumont Municipal Airport: reconstruction of the south portion
of the existing apron, rehabilitation and marking of the existing runway, taxiway, and apron,
rehabilitation of hangar access taxiway pavements, and drainage improvements. The Aviation
Division has estimated the cost of engineering and construction to be approximately $3,190,000.
Approval to participate in the Capital Improvement Program and receive grant funding must be
authorized by City Council and received by TxDOT no later than September 21, 2007.
The grants will be offered separately for engineering and construction services. Costs for
engineering and design services are projected to be $295,000. A 10% local match of$29,500 will
be due by November 2007.
The construction portion of the project will be divided into two Phases. Phase I,projected to begin
in 2009, is estimated to cost $1,730,000. The local share of 10% or $173,000 will be due in
December 2008. Phase II, projected to begin in 2010, is estimated to cost $1,165,000. The local
share of 10% or$116,500 will be due in December 2009.
BUDGETARYIMPACT
Funds for the City's share of this project are budgeted in the FY2008 Capital Program.
RESOLUTION NO.
WHEREAS, the Texas Department of Transportation (TxDOT) Aviation Division's
FY 2008-2010 Capital Improvement Program includes reconstruction of the south portion
of the existing apron, rehabilitation and marking of the existing runway,taxiway, and apron,
rehabilitation of hangar access taxiway pavements, and drainage improvements at the
Beaumont Municipal Airport; and,
WHEREAS, the Beaumont Municipal Airport is eligible for federal grant funds
through a program administered by the Texas Department of Transportation, Aviation
Division, Capital Improvement Program; and,
WHEREAS, total project costs are estimated to be $3,190,000, and the City of
Beaumont will be responsible for 10% of the total project costs currently estimated to be
$319,000; and,
WHEREAS, the City of Beaumont names the Texas Department of Transportation
as its agent for the purposes of applying for, receiving and disbursing all state and federal
funds for these improvements and for the administration of contracts necessary for the
implementation of these improvements:
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute on behalf of the City
of Beaumont, at the appropriate time, and with the appropriate authorizations of this
governing body, all contracts and agreements with the State of Texas, represented by the
Texas Department of Transportation, and such other parties as shall be necessary and
appropriate forthe implementation of the improvements to the Beaumont Municipal Airport.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
September, 2007.
- Mayor Becky Ames -
5
September 11,2007
Consider approving a contract for construction management services for the rehabilitation and
reconstruction of owner-occupied housing units damaged during Hurricane Rita with funding
provided from Federal and State grants
117LJ71J City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Chief Financial Officer
MEETING DATE: September 11, 2007
AGENDA MEMO DATE: September 4, 2007
REQUESTED ACTION: Council consider the award of a contract for construction
management services.
RECOMMENDATION
Administration recommends the award of an annual contract for construction management services
for rehabilitation and reconstruction of owner-occupied housing units to George E. Johnson
Development, Inc. of Houston for the estimated annual amount of$117,750.
BACKGROUND
The Housing Division of the Public Works Department identifies single family homes that are eligible
for federal grant funding allocated to the Texas Department of Housing and Community Affairs
(TDHCA) Disaster Program from the U. S. Department of Housing and Urban Development to
remediate the unmet housing needs of Beaumont residents resulting from Hurricane Rita. These
homes are identified through either a pre-application process or by a review of Federal Emergency
Management Agency, City, and/or County information concerning the damage caused by the
hurricane. The TDHCA Hurricane Rita Disaster Recovery Program requires that these housing units
meet minimum property standards and local health and safety codes at project completion. The type
of activity being completed determines the minimum construction standards that must be met.
Bids were solicited from ten (10) construction, management, and consulting firms to assist in
providing feasibility reviews and construction inspections for rehabilitation and reconstruction of
owner-occupied housing units in support of the Hurricane Rita Disaster Recovery Program. The
contracted firm will complete inspections, develop scopes of work, and prepare cost estimates. In
addition, the firm will assist the Housing Division in conducting specific oversight activities of
construction contracts during the construction phase. Contractors will be selected by George
E. Johnson Development Inc., with approval of the City, to rehabilitate approximately twenty(20)
homes and reconstruct ten(10)homes per year. The quantity may be adjusted based on the needs
Construction Management Services
September 4, 2007
Page 2
identified. The Southeast Texas Regional Planning Commission is also utilizing the services of
George E. Johnson Development, Inc.
George E. Johnson Development,Inc. submitted the sole bid. The real estate development company
specializes in construction project management. The company has more than thirty (30) years
experience and has been involved with privately and federally funded projects including commercial,
religious, single family and multi-family developments. Their bid includes the following unit prices:
Estimated Service Cost Per Estimated
Quantity Housing Cost Per Year
Per Year Unit
20 Financial Management $500 $10,000
20 Record keeping requirements $375 $7,500
20 Reinspect and verify complaints $375 $7,500
20 Work write-ups(scopes of work) $1,450 $29,000
20 Cost estimates $350 $7,000
20 Complete bid packet $350 $7,000
20 Procurement $500 $10,000
20 Progress Inspection $600 $12,000
20 Final walkthrough and punch list $600 $12,000
Total Per Home for Rehabilitation: $5,100 $102,000
10 Reconstruction plans and specification, per home $1,575 $15,750
Estimated Cost Per Year: $117,750
BUDGETARY EWPACT
Funding will be provided by a federal grant from the U. S. Department of Housing and Urban
Development allocated to the Texas Department of Housing and Community Affairs Disaster
Recovery Program which requires no matching funds from the City.
RESOLUTION NO.
WHEREAS, bids were solicited for an annual contract for construction management
services for rehabilitation and reconstruction of owner-occupied housing units; and,
WHEREAS, George E. Johnson Development, Inc. of Houston, Texas, submitted
a bid in the amount of $117,750; and,
WHEREAS, City Council is of the opinion that the bid submitted by George E.
Johnson Development, Inc. of Houston, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by George E. Johnson Development, Inc. of Houston, Texas, for
an annual contract for construction management services for rehabilitation and
reconstruction of owner-occupied housing units in the amount of$117,750 be accepted by
the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of
September, 2007.
- Mayor Becky Ames -
PUBLIC HEARING
Receive comments on the proposed 2007 (FY 2008) Tax Rate
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Chief Financial Officer
MEETING DATE: September 11, 2007
AGENDA MEMO DATE: September 4, 2007
REQUESTED ACTION: Council to hold a public hearing on the proposed 2007(FY
2008)Tax Rate.
RECOMMENDATION
Administration recommends that Council hold a second public hearing,as scheduled,on the proposed
2007(FY 2008)Tax Rate of$0.654. In accordance with the Property Tax Code, the Council must
make the following announcement:The meeting to vote on the tax rate will be held on September
25, 2007 at 1:30 p.m. in the Council Chambers,
BACKGROUND
Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws in
adopting their tax rate. Two public hearings are required if the proposed tax rate exceeds the lower
of the effective tax rate or the roll back tax rate. The first public hearing on the tax rate was held on
September 4, 2007. A Notice of Public Hearing on Tax Increase is required to be published in the
newspaper, on the city website, and on a television channel, if available. The notice was published
in the newspaper, on the website and on the cable 4 channel on August 28, 2007 regarding the
proposal to increase total tax revenue from properties on the tax roll by 11.76%. Although there is
a proposed decrease in the tax rate of one half cent, the increase in revenue is largely related to
increased appraised values as a result of property improvements following Hurricane Rita.
BUDGETARY IMPACT
Applying the proposed tax rate of $.654 and a 97% collection rate, budgeted revenues of
$23,500,000 and $11,913,000 respectively to the General and Debt Service Funds are anticipated.
The total rate of$0.654 is apportioned $0.434/$100 assessed valuation to the General Fund and
$0.220/$100 assessed valuation toward the Debt Service Fund.