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HomeMy WebLinkAboutPACKET OCT 09 2007 �r EL City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 9, 2007 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Allen Perkins would be appointed to the Convention and Tourism Advisory Board. The term would commence October 9, 2007 and expire October 8, 2009. (Councilmember W. L. Pate, Jr.) Wayne Dasilva would be appointed to the Convention and Tourism Advisory Board. The term would commence October 9, 2007 and expire October 8, 2009. (Councilmember W. L. Pate, Jr.) Antoinette Hardy would be reappointed to the Civil Service Commission. The current term would expire October 4, 2010. (Kyle Hayes, City Manager) Pauline Mouton would be appointed as Vice Chairman of the Martin Luther King, Jr. Parkway Commission. The term would commence October 9, 2007 and expire October 8, 2008. (Mayor Becky Ames) David Robinson would be reappointed to the Martin Luther King, Jr. Parkway Commission. The current term would expire November 27, 2008. (Mayor Becky Ames) Dr. Ware Petznick would be reappointed to the Historic Landmark Commission. The current term would expire September 9, 2009. (Mayor Becky Ames) Dale Hallmark would be reappointed to the Historic Landmark Commission. The current term would expire August 18, 2009. (Mayor Becky Ames) A) Approve a Change Order for the 911 Operations Center B) Authorize the acquisition of four(4) properties in the Van Wormer Addition for the Downtown Event Center and Lake Park C) Authorize the City Manager to execute an agreement for the installation, maintenance and replacement of the Purple Heart Memorial Bridge signs D) Authorize the City Manager to execute a Named Marker or Memorial Marker Highway Sign Agreement with the Texas Department of Transportation(TxDOT) E) Approve the waiver of penalty and interest on one tax account processed by the Jefferson County Tax Assessor-Collector's Office F) Approve acceptance of a Loan Star Libraries grant from the Texas State Library G) Authorize the City Manager to execute all documents necessary to continue funding for services of a medical consultant to the Tuberculosis Elimination Division H) Authorize the acceptance of two (2) exclusive water line easements for fire hydrants located at Interstate 10 and Cardinal Drive A City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: October 9, 2007 REQUESTED ACTION: Council approval of a Change Order for the 911 Operations Center. RECOMMENDATION The Administration recommends approval of Change Order No. 3 for the 911 Operations Center in the amount of$15,640.50 to N&T Construction Company. BACKGROUND On April 3, 2007 Council awarded the construction contract for the 911 Operations Center to N&T Construction Company of Beaumont in the amount of$2,426,320. This award included Change Order No. 1 for a deduction of$7,680 from the original bid amount of$2,434,000 due to a discount offered by the elevator subcontractor. Change Order No. 2 was authorized by Council on August 14 in the amount of$24,321.00 for various interior renovations. Change Order No. 3 provides for furnishing and installing electrical wiring to accommodate the additional requirements for the Fire Alarm System as required by the City ofBeaumont Fire Marshall. Included are eighteen(18)visual strobes, seven(7)horn strobes, wire connectors and fasteners and re-engineered drawings.This change order also includes a revision to the radio/telephone equipment room. The sensitive equipment rooms houses all of the communication media and will be protected by its own fire suppression system. It was not known until after construction began that the drop grid ceiling specified could not maintain the pressure needed in the event that the suppression system was activated. The ceiling has to be constructed of solid materials to maintain the pressure required. The total of Change Order No. 3 is $15,640.50 and will be deducted from the balance of the Contingency Allowance. This will leave a contingency balance of$31,038.50. Because this is being taken from the Contingency Allowance, the amount of the original construction award will not change. The date of Substantial Completion still remains February 24, 2008. 911 Operations Center/Change Order No. 3 October 2, 2007 Page 2 A copy of Change Order No. 3 is attached for your review. BUDGETARY IMPACT As this will be deducted from the Contingency Allowance, there will be no change to the budget for this project. CHANGE MILTON BELL ASSOCIATES, Inc. ORDER 595 Orleans, Suite 711 Distrfautlon to: Beaumont, Texas 77701 Owner 1X1 contractor 1x1 Tel: 409/838-5378 Fax: 409/838-5017 Architect 1X1 Field B Consaltants f1 Other 0 PROJECT: CONSOLIDATED DISPATCHIEOC FIELD ORDER NO: THREE(3) (Name,Address) MUNICIPAL,COURTS BUILDING BEAUMONT,TEXAS 77701 INITIATION DATE: 24 SEPT 2007 TO(Contractor): N&T CONSTRUCTION ARCHITECT'S PROJ NO: 0501 1376 LAUREL AVE. BEAUMONT,TEXAS 77701 CONTRACT FOR: GENERAL CONSTRUCTION CONTRACT DATE: APRIL 6,2007 You are directed to make the following changes in this Conthact: 1. Revise electrical wiring to accommodate the additional requirements for the Fire Alarm System as noted by the City of Beaumont Fire Marshal to include an additional: 18 visual strobes, 7 horn strobes; wire connectors& fasteners, and re-engineered drawings/system planes. ADD $8,282.50 2. Construct revision to Equipment Room 9224, and Radio/Telephone Room#225, as noted on required room containment for the special Fire Suppression System. ADD $7,358.00 TOTAL CHANGE ADD $15,640.50 CONTINGENCY ALLOWANCE $ 71,000.00 + CHANGE ORDER#2 (24,321.00) `�,� N e yam. THIS CHANGE ORDER(#3) (15,640.50) o CONTINGENCY BAL REMAINING $31,038.50 LL► Not Valid until signed by both the Owner and Architect. 'rj� 2 2 A a �P Signature ofthe Contractor indicates his agreement herewith,including any adjustment in the Contract Sum or Contract Tim. The original (Contract Sum)(Guavaateed was..........................................$2,426,320.00 Net change by previously authorized Change Orders.......................................................$ -0- The (Contract Sum)(Guwafftwd m%wkm.--G") prior to this Change Order was.....................$2,426,320.00 The (Contract Sum)( ) will be (ia ( )(unchanged) bythis Change Order................................................................................................$ -0- ne new (Contract Sum) a ,, .,a ff ) including this Change Order will be......$2,426,320.00 The Contract Time will be(inemsed)(ile eewd)(unchanged) by (—)Days, The Date of Substantial Completion as of the date of this Change Order therefore is FEBRUARY 24,2008 Authorized: Milton Bell Associates, Inc N&T Construction The City of Beaumont CONTRACTOR OWNER 595 Orleans, Suite 711 1376 Laurel Avenue P.O. Box 3827 Address Address Beaumont.//TX 77701 Beaumont, TX 77701 Beaumont, TX 77704 BY BY l/ BY DATE r �� DAT. DATE RESOLUTION NO. WHEREAS, on April 3, 2007, the City Council of the City of Beaumont, Texas, passed Resolution No. 07-098 awarding a contract in the amount of$2,434,000 to N & T Construction Company for the construction of the Consolidated Dispatch and Emergency Operations Center; and, WHEREAS, Change Order No. 1 resulted in a deduction of$7,680 due to a discount offered by the elevator contractor, thereby decreasing the contract amount to $2,426,320; and, WHEREAS, Change Order No. 2 to provide for various interior renovations in the amount of $24,321 was subtracted from the $71,000 Contingency Allowance thereby leaving a balance of $46,679 and resulted in no change to the total contract amount of $2,426,320; and WHEREAS, Change No. 3 provides for furnishing and installing electrical wiring to accommodate the additional requirements for the Fire Alarm System as required by the City of Beaumont Fire Marshall in the amount of$15,640.50, said amount to be deducted from the $46,679 balance of the Contingency Allowance thereby decreasing the balance to $31,038.50 and resulting in no change to the total contract amount of $2,426,320. 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 Change Order No. 3 in the amount of$15,640.50 which will be subtracted from the $46,679 Contingency Allowance thereby leaving a balance of $31,038.50. The contract amount will remain $2,426,320. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of October, 2007. - Mayor Becky Ames - u7ew Cit Coun y cil Agenda Item M 3K TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: October 9, 2007 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of four (4) properties in the Van Wormer Addition for the Downtown Event Center and Lake Park. RECOMMENDATION Administration recommends authorization to acquire the properties named below. BACKGROUND The property owners listed below have agreed to accept the appraised value for their properties and convey said properties to the City for the Downtown Event Center and Lake Park Site. All properties were appraised by Bishop Real Estate Appraisers, Inc. 1. Lot 10, Block 30, Van Wormer Addition (820 Bonham Street) Appraised Value: $5,300.00 Owner: Steven J. Ross 2. Lots 4-6, Block 25, Van Wormer Addition (Bonham @ Archie) Appraised Value: $15,000.00 Owner: Arthur Greenspan 3. Lot 7-9, Block 25, Van Wormer Addition (Crockett @ Archie) Appraised Value: $32,000.00 Owner: Arthur Greenspan 4. Lot 6, Block 20, Van Wormer Addition (885 Crockett) Appraised Value: $14,000.00 Owner: Arthur Greenspan BUDGETARYIMPACT This project is funded under the Capital Program. engoctober07-ib.wpd 28 September 2007 RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of four (4) properties in the Van Wormer Addition as shown below and on Exhibit"A" attached hereto for the Downtown Lake Park:: 1. Lot 10, Block 30, Van Wormer Addition (820 Bonham Street) Appraised Value: $5,300.00 Owner: Steven J. Ross 2. Lots 4-6, Block 25, Van Wormer Addition (Bonham @ Archie) Appraised Value: $15,000.00 Owner: Arthur Greenspan 3. Lot 7-9, Block 25, Van Wormer Addition (Crockett @ Archie) Appraised Value: $32,000.00 Owner: Arthur Greenspan 4 Lot 6 Block 20, Van Wormer Addition 885 Crockett) tt) Appraised Value: $14,000.00 Owner: Arthur Greenspan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the four(4) properties in the Van Wormer Addition as shown above and on Exhibit "A" attached hereto for the Downtown Lake Park be and the same are hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of October, 2007. - Mayor Becky Ames - I f • ...•ter- --- TWO pq 6�� f c .�.. City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: October 9, 2007 REQUESTED ACTION: Council authorize the City Manager to execute an agreement with the Golden Triangle Military Order of the Purple Heart for the installation,maintenance and replacement of the Purple Heart Memorial Bridge signs. RECOMMENDATION The Administration recommends Council authorize the City Manager to execute an agreement with the Golden Triangle Military Order of the Purple Heart for the installation, maintenance and replacement of the Purple Heart Memorial Bridge signs. BACKGROUND On May 22, 2007, the City Council approved a resolution supporting a request from the Golden Triangle Military Order of Purple Heart Chapter 1191 to name the bridge over the Neches River "Purple Heart Memorial Bridge." The bridge crossing the Neches River between Beaumont and Jefferson County and Rose City and Orange County does not have an official name. Bridges may be given names by a city, county or the Texas Legislature. In this particular case, a number of governmental entities have given their support for the naming to occur. The Golden Triangle Military Order has agreed to pay The Texas Department of Transportation (TxDOT)for the signs,the installation costs and any future maintenance or replacement. However, only governmental entities may enter into an agreement with State Agencies. Approval of this agreement will outline the responsibilities between the Golden Triangle Military Order and the City in regard to the installation, maintenance and replacement of the signs. The City will then execute a Named Marker or Memorial Highway Sign agreement with TxDOT. BUDGETARY IMPACT None. The City is a pass through agency and will not be responsible for any costs associated with the signs. 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 an agreement with the Golden Triangle Military Order of the Purple Heart for the installation, maintenance and replacement of the Purple Heart Memorial Bridge signs. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of October, 2007. - Mayor Becky Ames - D City Council Agenda Item Now rl TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: October 9, 2007 REQUESTED ACTION: Council authorize the City Manager to execute a Named Marker or Memorial Marker Highway Sign Agreement with the Texas Department of Transportation(TxDOT). RECOMMENDATION Administration recommends Council authorize the City Manager to execute a Named Marker or Memorial Marker Highway Sign Agreement with the Texas Department of Transportation. BACKGROUND On May 22, 2007, the City Council approved a resolution supporting a request from the Golden Triangle Military Order of Purple Heart Chapter 1191 to name the bridge over the Neches River "Purple Heart Memorial Bridge." The bridge crossing the Neches River between Beaumont and Jefferson County and Rose City and Orange County does not have an official name. Bridges may be given names by a city, county or the Texas Legislature. In this particular case, a number of governmental entities have given their support for the naming to occur. The Golden Triangle Military Order has agreed to pay for the signs, the installation costs and any future maintenance or replacement.However,only governmental entities may enter into an agreement with State Agencies. Approval of this agreement will allow TxDOT to proceed with the installation of the signs and the Golden Triangle Military Order pay for the signs through the City of Beaumont. A separate agreement will be prepared to outline the responsibilities between the Golden Triangle Military Order and the City. BUDGETARY IMPACT None. 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 Named Marker or Memorial Marker Highway Sign Agreement, substantially in the form attached hereto as Exhibit "A," with the Texas Department of Transportation for the Purple Heart Memorial Bridge signs. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of October, 2007. - Mayor Becky Ames - CSJ: 28-09 & 28-13 Project Name: Purple Heart Memorial Bridge STATE OF TEXAS § COUNTY OF TRAVIS § NAMED MARKER OR MEMORIAL MARKER HIGHWAY SIGN AGREEMENT THIS AGREEMENT (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation hereinafter called the "State", and the City of Beaumont, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, Texas Transportation Code, §225.004 establishes that a local government may purchase and furnish to the department a suitable locally identifying memorial marker; and if the director approves the size and type of a marker, the department, on request, may erect the marker at a place most suitable to the department's maintenance operations. The department shall maintain the grounds for a marker. The local government shall repair or replace a marker; and WHEREAS, the Local Government desires assistance from the State with providing highway marker signs or plaques in accordance with the Texas Manual on Uniform Traffic Control Devices and the State's procedures for the designation of the Neches River Bridge as the "Purple Heart Memorial Bridge to be hereinafter identified as the "Project;" and WHEREAS, the Local.Government proposes to pay the State a fixed amount for furnishing and/or installing these signs; and NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT Article 1. Contract Period This agreement becomes effective upon final execution by the State and shall terminate upon completion of the Project or unless terminated or modified as hereinafter provided. Article 2. Scope of Work 1. The State will fabricate and/or install the sign(s), as is identified on "Attachment A". 2. The State will fabricate 2 signs, furnish sign supports and make the sign installations, as is identified on "Attachment A". 3. The Local Government will pay the State a sum of $1,671.41 for the cost incurred by the State for the project prior to fabrication and/or installation of the signs. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. Traffic-Traff ic_MemMarker EXHIBIT "A" Revised 09/18/2006 CSJ: 28-09 &28-13 Project Name: Purple Heart Memorial Bridge 4. In the event it becomes necessary to replace one or more of these signs or their supports due to age, vandalism or damage, it will be the responsibility of the Local Government to pay the costs for such replacement. The cost amount shall be as determined at the time of replacement and shall be agreed upon by both parties prior to the State making replacement. 5. The Local Government shall make its intentions known to the State within thirty (30) days of notification by the State that the signs need repair or replacement. If the necessary funds, in full, are not received within 90 days of the notification that the signs need repair or replacement, the State will remove the signs and dispose of the signs and supports as it deems necessary, and this agreement shall be considered terminated as stated in Article 3. Article 3. Termination This agreement may be terminated by any of the following conditions: 1. By mutual written agreement and consent of all parties. 2. By the State upon determination that construction of the Project is not feasible or is not in the best interest of the State and the traveling public. 3. By any party, upon the failure of the other parties to fulfill the obligation as set forth herein. Termination of this agreement shall extinguish all.rights, duties, obligations and liabilities of the State and Local Government under this agreement. If the potential termination of this agreement is due to the failure of the Local Government to fulfill their contractual obligations as set forth herein; the State will notify the Local Government that possible breach of contract has occurred. The Local Government should make every effort to remedy the breach as outlined by the State within the period stated in Article 2, paragraph 5: Article 4. Relationship of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Article 5. Amendments Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by the Local Government and the State. Article 6. Legal Construction In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Article 7. Sole Agreement This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. Traff ic-Traffic_MemMarker Page 2 of 4 Revised 09/18/2006 CSJ: 28-09 & 28-13 Project Name: Purple Heart Memorial Bridge Article 8. Notices All notices required under this agreement by one party to the other parties shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses: County or City., State: City Manger-City of Beaumont Texas Department of Transportation P.O. Box 3827 8350 Eastex Freeway Beaumont, Texas 77704-3827' Beaumont, Texas 77708 Notice shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. The parties hereto may change the above address by sending written notice of such change to the other parties in the manner provided herein. Article 9. Signatory Warranty The signatories to this agreement 9 g Bement warrant that each has the authority to enter into this agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE COUNTY or CITY OF Beaumont, TEXAS By: Date: Typed or Printed Name and Title Mayor THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: District Engineer Date: Traff ic-Traff ic_MemMarker Page 3 of 4 Revised 09/18/2006 CSJ: 28-09 & 28-13 Project Name: Purple Heart Memorial Bridge ATTACHMENT A Description and Location of Named or Memorial Marker Signs The "Purple Heart Memorial Bridge" signs will be fabricated then erected at each end of the Neches River Bridge in Orange County and the City of Beaumont respectively. The "Purple Heart Memorial Bridge" signs will be fabricated as shown on the attached sheet. Traffic-Traffic_Mem Marker Page 4 of 4 Revised 09/18/2006 E ice. . Council A enda Item g IL TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: October 9, 2007 REQUESTED ACTION: Approve the waiver of penalty and interest on one tax account processed by the Jefferson County Tax Assessor-Collector's Office. BACKGROUND Section 33.011 (a)(2) of the Property Tax Code states, "the governing body of a taxing unit may waive penalties and provide for waiver of interest on a delinquent tax if the property for which the tax is owed is acquired by a religious organization that qualifies the property for exemption under Section 11.20 before the first anniversary of the date the religious organization acquires the property. A letter from the Tax Assessor-Collector is attached for your review. The property in question is located at 2725 W. Virginia Street and the waiver of penalty and interest is in the amount of$752.81. BUDGETARY IMPACT None. gSON, MIRIAM K. JOHNSON TAX ASSESSOR-COLLECTOR SUSIE JAMES JEFFERSON COUNTY COURTHOUSE SYLVIA E. MYERS CHIEF DEPUTY P.0. BOX 2112 BEAUMONT,TEXAS 77704-2112 CHIEF OPERATIONS MGR, 409-835-8516 FAX 409-835-8589 September 20, 2007 Kyle Hayes City of Beaumont P. O. Box 3827 Beaumont, TX 77704 RE: Account#067050-000/000600-00000 - TR 2-H 4.838 AC 2725 Virginia W. St. Dear Mr. Hayes: Please place an item on your next Board agenda to consider and possibly approve the waiver of penalty and interest in the amount of $752.81, according to Sec. 33.011 (a)(2) of the Property Tax Code, for Good Hope Baptist Church. The above mentioned section of the Property Tax Code was amended by HB 1604, 76th Tex. Leg., 1999, effective September 1, 1999 and .reads as follows: Sec. 33.011. Waiver of Penalties and Interest. (a) The governing body of a taxing unit: (2) may waive penalties and provide for waiver of interest on a delinquent tax if the property for which the tax is owed is acquired by a religious organization that qualifies the property for exemption under Section 11.20 before the first anniversary of the date the religious organization acquires the property. This religious organization has met the requirements as stated in 33.011 (a)(2). The church remains liable for the full amount of delinquent levy as indicated on the Certified Tax Roll for the above referenced account. If you have any questions, please let me hear from you. Sincerely, ) MIRI M K. JOHN ON Assessor-Collector of Taxes Jefferson County, Texas 25 MKJ:db RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the penalty and interest on Account #067050-000/000600-00000 in the amount of $752.81 on the property located at 2725 West Virginia Street, acquired by Good Hope Baptist Church, be and it is hereby waived pursuant to Section 33.011(a)(2) of the Texas Property Code. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of October, 2007. - Mayor Becky Ames - City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Maurine Gray, Library Administrator MEETING DATE: October 9, 2007 REQUESTED ACTION: Council approval of acceptance of the Loan Star Libraries grant from the Texas State Library. RECOMMENDATION Administration recommends the acceptance of the Loan Star Libraries grant in the amount of $16,423. BACKGROUND For six years,the Beaumont Public Library System has been receiving Loan Star Libraries grants from the Texas State Library. This is a direct aid grant program for Texas public libraries. For the year 2008,we have been notified that we will receive$16,423. A plan of action of how we wish to spend the funds must be submitted to the Texas State Library by October 31, 2007. Our normal practice has been mainly to purchase library materials such as books, DVDs, etc. but some furniture or equipment has been purchased as well. BUDGETARYIMPACT These funds will allow the purchase of needed items for the libraries. There will be no negative impact on the budget. 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 receive funding from the Loan Star Libraries grant through the Texas State Library for the Beaumont Public Library System in the amount of $16,423. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of October, 2007. - Mayor Becky Ames - G coW- '] City Council Agenda Item A . ' c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Ingrid Holmes Public Health Directoi= MEETING DATE: October 9, 2007 REQUESTED ACTION: Council consider authorizing the City Manager to execute all documents necessary to continue funding for services of medical consultant, William George, M.D., to the Tuberculosis Elimination Division. RECOMMENDATION Administration recommends Council's approval. BACKGROUND The City of Beaumont requires the services of a licensed or certified professional to meet the demands of its continued clinical operations and its Tuberculosis clinic. Dr. William George currently serves in this position. The terms of this contract shall be for one(1)year at a compensation rate of $200 per clinic on an average of four (4) clinics per month. BUDGETARY IMPACT Funds are provided in the city's budget. INDEPENDENT PROFESSIONAL SERVICES CONTRACT AGREEMENT STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § This Agreement is made and entered into on this the 1st day of September 2007 , by and between the City of Beaumont,hereafter referred to as the"City,"sponsor agency for the City of Beaumont Public Health Department, and William George, M.D., a licensed or certified professional practitioner,hereinafter referred to as the"Contractor." This agreement supersedes and makes void any and all previous agreements between the parties. WITNESSETH: WHEREAS, the services of a licensed or certified professional are required by the City to meet the demands of its clinical operations and such services are noncompetitive by their nature, it is agreed that the Contractor will perform the needed services according to all of the following terms and conditions. THEREFORE, it is agreed by and between the parties that the Contractor shall perform the services of medical consultant to the Tuberculosis Elimination Division and provide those services as required according to all of the following terms and conditions: 1. DURATION AND TERMINATION: The terms of this Contract shall be for one (1) year. Either party may terminate this Agreement upon thirty (30) days written notice without cause, or for cause by giving the other notice in writing five (5) days prior to termination. It is understood and agreed that if Contractor is incapable of performing the services described herein,all rights to compensation by this Agreement are to be invalid. It is agreed, by signature of this Agreement, that the terms and conditions of any and all previous contract agreements between Contractor and City have been completed to the satisfaction of both parties. Employment is contingent on the approval of the Health Director. 2. PROFESSIONAL SERVICES TO BE PERFORMED: Contractor shall perform the duties of a licensed professional practitioner for the Tuberculosis Elimination Clinics. The Contractor shall be responsible in performance of employment services to act according to the policies of the City and, additionally, shall comply with the policies of the City and, additionally, shall comply with the policies set forth below: a) The Contractor should promptly inform the City Manager and Health Director of any change of name, address, telephone number, or marital status. b) The conviction of a felony offense shall be grounds for rendering the Contractor incapable of providing services under this Agreement. C) Violation of confidential communications of the medical records of patients shall be grounds for rendering the Contractor incapable of performing services under this Agreement. d) The Contractor shall comply with the ethical code of the medical profession, including, but not limited to, maintaining confidentiality of medical records. 3. COMPENSATION: Compensation will be at a flat rate of$200 per clinic. Any and all expenses including,but not limited to,travel,medical malpractice insurance,etc.,are the sole responsibility of William George, M.D. - 2 - 4. INDEMNITY:It is understood and agreed that Contractor is independent contractor and Contractor hereby agrees to hold harmless,indemnify and defend the City,its officers,agents and employees, from and against any liability, claim, cause of action, damages,personal injury or death arising out of or in connection with the services performed or to be performed by the Contractor pursuant to this Agreement. 5. PROFESSIONAL LIABILITY INSURANCE: The Contractor is responsible for providing his own professional liability insurance coverage. The City will not provide legal services or pay any judgment rendered against Contractor for any suit or claim arising out of the performance of the Contractor's duties as outlined herein. Contractor is to provide proof of said liability coverage. 6. NONDISCRIMINATION: The Contractor hereby agrees that no person shall, on the grounds of race, creed, color, handicap, national origin, sex, political affiliation, or beliefs, be excluded from, be denied the benefits of, or be otherwise subjected to discrimination as regards to any services or activity under this contract; and hereby gives assurance the Contractor will immediately take any measure necessary to effectuate this Agreement. IN WITNESS THEREOF, the parties execute this Contract in duplicate originals on the day of ' 2007. CITY OF BEAUMONT CONTRACTOR By: By: Kyle Hayes, City Manager William George, M.D. - 3 - 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 all documents necessary to continue funding for the services of William George, M.D., medical consultant to the Tuberculosis Elimination Division for a term of one (1) year at a compensation rate of$200 per clinic. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of October, 2007. - Mayor Becky Ames - H City.� y Council Agenda Item � . . . EL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: October 9, 2007 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of two (2) exclusive water line easements for fire hydrants across Red Roof Inn property located at Interstate 10 and Cardinal Drive. RECOMMENDATION Administration recommends acceptance of the above named easements. BACKGROUND Cardinal Hotel Holdings, L.P., has agreed to convey two (2) exclusive water line easements to the City of Beaumont. The easements are located across Red Roof Inn property [Interstate 10 and Cardinal Drive] and will provide mandatory access for fire prevention services for the Red Roof Inn. They would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances: 1. being a fifteen foot(15')wide exclusive water line easement, [0.1812 acre of land] out of Lot 1,Block H,T.H.Langham Subdivision[Interstate 10 and Cardinal Drive]. 2. being a ten foot (10') wide exclusive water line easement, [0.0032 acre of land] out of Lot 1,Block H,1'.H.Langham Subdivision[Interstate 10 and Cardinal Drive]. BUDGETARY IMPACT None. engredroof inn-ib.wpd 1 October 2007 RESOLUTION NO. WHEREAS, Cardinal Hotel Holdings, L.P., has offered to convey to the City of Beaumont two(2)exclusive waterline easements as shown below and described in Exhibit "A" and shown on Exhibit "'B" attached hereto, to provide mandatory access for fire prevention services for the Red Roof Inn: 1. being a fifteen foot (15')wide exclusive water line easement, [0.1812 acre of land] out of Lot 1, Block H, T. H. Langham Subdivision [Interstate 10 and Cardinal Drive]; and 2. being a ten foot (10') wide exclusive water line easement, [0.0032 acre of land] out of Lot 1, Block H, T. H. Langham Subdivision [Interstate 10 and Cardinal Drive]; and; WHEREAS, the City Council has considered the purpose of said conveyances and is of the opinion that the acceptance of said conveyances is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easements conveyed by Cardinal Hotel Holdings, L.P., as referenced above and described in Exhibit 'A" and shown on Exhibit "B" be and the same are hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of October, 2007. - Mayor Becky Ames - EXHIBIT "A", PAGE 1 OF 5 FIELD NOTE DESCRIPTION FOR A 0.1812 ACRE TRACT BEING A 15' WIDE EXCLUSIVE WATER LINE EASEMENT OUT OF LOT 1,BLOCK H OF THE T. H. LANGHAM SUBDIVISION IN THE J. W. BULLOCK LEAGUE, ABSTRACT 7 JEFFERSON COUNTY, TEXAS AUGUST 20, 2007 REVISED: SEPTEMBER 18;-2007 That certain 0.1812 acre tract for a 15' wide exclusive waterline easement, out of Lot 1, Block H of the T. H. Langham Subdivision, a plat recorded in Volume 3, Page 183 of the Map Records of Jefferson County, Texas, in the J. W. Bullock League, Abstract 7, being out of those two tracts (called Tract 1-1.788 acres and Tract 2-0.2299 acre) conveyed to Cardinal Hotel Holdings, LP as recorded in Clerks File No. 2007005532 of the Official Public Records of Jefferson County, Texas, said 0.1812 acres being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is the southeasterly line of the Relocated Hillebrandt Bayou and the northwesterly line of the said 1.788 acre tract having been called North 41°25'55" East 768.46 feet. BEGINNING a %" iron rod found in the southwesterly right-of-way line of Washington Boulevard and the southeasterly line of the said Relocated Hillebrandt Bayou and a called 3.012 acre tract conveyed to Jefferson County Drainage District No. 6 as recorded in Volume 1200, Page 369 of the Deed Records of Jefferson County for the north comer of the said 0.2299 and 0.18 12 acre tracts; THENCE North 89 031'50" East along the said southwesterly right-of-way line of Washington Boulevard and the northeasterly line of the said 0.2299 and 0.1812 acre tracts a distance of 20.31 feet (called North 89°31'50" East) to a point for the east corner of the said 0.1812 acre tract from which a "X" in concrete found for the north corner of a called 0.069 acre tract conveyed to W. N. Hazlip as recorded in Volume 1505, page 150 of the Deed Records of Jefferson County, Texas and the east corner of the said 0.2299 acre tract bears North 89°31'50" East 16.08 feet (called North 89 031'50" East); THENCE South 41053'08"West along the southeasterly line of the said 0.1812 acre tract a distance of 372.39 feet to an angle point; FITTZ&SHIPMAN, INC. Project No.06796.0084esmtl Plat,Description&Report EXHIBIT "A" EXHIBIT "A", PAGE 2 OF 5 THENCE South 41025'55"West continuing along.the-said southeasterly line of the 0.1812 acre tract a distance of 159.20 feet to a point in the northeasterly line of a called 0.2309 acre tract conveyed to the City of Beaumont as recorded in Clerks File No. 9600316 of the Official Public Records of Jefferson County, Texas for the south comer of the said 0.1812 acre tract; THENCE North 60 018'50" West along the said northeasterly line of the 0.2309 acre tract and the southwesterly line of the said 0.1812 acre tract a distance of 15.32 feet to a point in the said southeasterly line of the Relocated Hillebrandt Bayou and the northwesterly line of the said 1.788 acre tract for the west corner of the said 0.1812 acre tract; THENCE North 41025'55" East along the said southeasterly line of the Relocated Hillebrandt Bayou and the said northwesterly line of the 1.788 and 0.1812 acre tracts a distance of 162.94 feet (called North 41025'55" East) to a %" iron rod found for the north comer of the said 1.788 acre tract, the west corner of the said 0.2299 acre tract and an angle point of the said 0.1812 acre tract; THENCE North 41°55'12" East continuing along the said southeasterly line of the Relocated Hillebrandt Bayou and the northwesterly line of the said 0.2299 and 0.1812 acre tracts a distance of 358.21 feet (called North 41055'12 East 358.21 feet) to the POINT OF BEGINNING and containing 0.1812 acres of land, more or less. This description is based on a survey and plat made by Fittz & Shipman, Inc. on June 21, 2006 and October 17, 2006.0' 4'Walter J. Ksiaze Registered Professi Land Sury or No. 5321 �*;•GISTFR'�0 -WALTER d. K31AZEK 9321 v. FITTZ&SHMMAN,INC. Project No. 06796.0084esmtl Plat,Description&Report EXHIBIT "A",PAGE 3 OF 5 FIELD NOTE DESCRIPTION FOR A 0.0032 ACRE TRACT BEING A 10' WIDE WATER LINE EASEMENT OUT OF LOT 1,BLOCK H OF THE T. H. LANGHAM SUBDIVISION IN THE J. W. BULLOCK LEAGUE, ABSTRACT 7 JEFFERSON COUNTY, TEXAS AUGUST 20, 2007 REVISED: SEPTEMBER 18, 2007 That certain 0.0032 acre tract for a 10' wide water line easement, out of Lot 1, Block H of the T. H. Langham Subdivision, a plat recorded in Volume 3, Page 183 of the Map Records of Jefferson County, Texas, in the J. W. Bullock League, Abstract 7, being out of a called 1.788 acre tract (Tract 1) conveyed to Cardinal Hotel Holdings, LP as recorded in Clerks File No. 2007005532 of the Official Public Records of Jefferson County, Texas, said 0.0032 acres being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is the southeasterly line of the Relocated Hillebrandt Bayou and the northwesterly line of the said 1.788 acre tract having been called North 41025,55" East 768.46 feet. COMMENCING a 1" iron pipe found in the northwesterly right-of-way line of Interstate Highway 10 & Cardinal Drive Interchange (aka U.S. Highway 69, 96 and 287) for the south corner of a called 1.45562 acre tract conveyed to Don's Seafood as recorded in Volume 1505, Page 373 of the Deed Records of Jefferson County, Texas and the east corner of the said 1.788 acre tract; THENCE along the said northwesterly right-of-way of Interstate Highway 10 & Cardinal Drive Interchange (aka U.S. Highway 69, 96 &287) and the southeasterly line of the said 1.788 acre tract with a curve to the right having a radius of 1755.90 feet a chord bearing of South 55 01210"West and a chord distance of 42.00 feet, a distance along the curve of 42.00 feet to a point for the east comer of the said 0.0032 acre tract and the POINT OF BEGINNING; THENCE continuing along the said northwesterly right-of-way of Interstate Highway 10 & Cardinal Drive Interchange (aka U.S. Highway 69, 96 & 287) and the said southeasterly line of the 1.788 and 0.0032 acre tracts with a curve to the right having a radius of 1755.90 feet, a chord bearing of South 56 003'04"West and a chord distance of 10.00 feet, a distance along the curve of 10.00 feet to a point for the south corner of the said 0.0032 acre tract; THENCE North 34 040'00"West along the southwesterly line of the said 0.0032 acre tract a distance of 14.00 feet to a point for the west corner of the said 0.0032 acre tract; FITTZ&SHIPMAN,INC. Project No. 06796.0084esmt2 Plat,Description&Report EXHIBIT "A", PAGE 4 OF 5 THENCE North 55 010'38" East along the northwesterly line of the said 0.0032 acre tract a distance of 10.00 feet to a point for the north corner of the said 0.0032 acre tract; THENCE South 34 040'00" East along the northeasterly line of the said 0.0032 acre tract a distance of 14.00 feet to the POINT OF BEG INNING and containing 0.0032 acres of land, more or less. This description is based on a survey and plat made by Fittz & Shipman, Inc. during 2006 and 2007. / ° F Walter J. Ksiazek Registered Professio I Land Su or No. 5321 WALTER J.KSIAM Voo 3321 P �''•��ESS10:�Q, SIJRV FITTZ&SHIPMAN, INC. Project No. 06796.0084esmt2 Plat,Description&Report EXHIBIT "A", PAGE 5 OF 5 _ FOUND 1/2" JEFFERSON COUNTY DRAINAGE DISTRICT N0: 6 IRON ROD VOL. 1200, PG. 369, D.R.J.C, (CALLED 3.012 ACRES) POINT OF VO (BASIS OF BEARINGS) RELOCATED HILLEBRANDT BAYOU BEGINNING (CALLED N 41'25.55" E 758.48) EASEMENT 1 N 41'25'55" E 768.46 FOUND 1/2" IRON ROD (CALLED N 41'55'12"E 358.21) FOUND RON 1ROD Fo .,� l0 -605.52 ___ N 41'55'12" E 358.21 �.ti �Q ------ 162.94------ s'/PGD EASEMENT _ 15' EXCLUSIVE WATER LINE EASEMENT - 0.1812 ACRE VOL. 2 ——._.. _———— 20.31 �6'�so" S 41'25'55" W 159.20 ----- ---------- ---_ TRACT 2 2W 372.39 ——— —-- " - 0'F N 60'18'50" W 15.32 0.2299 ACRE 16.08 S 41'53'08" W 383.62 TY OF BEAUMONT FOUND 1/2" (CALLED S 41'53'08" W 383.62) NOW OR FORMERLY NO. 9600316, O.P.R.R.P.J.C. IRON ROD W.N. HAZLIP D GENERAL UTILITY EASEMENT LLED 0.2309 ACRE) (CALLED PG.069 ACRE) JC NOW OR FORMERLY DON'S SEAFOOD VOL. 1505, PG, 373, D.R.J.C. FOUND "X"IN (CALLED 1.45562 ACRES) CONCRETE ABANDONED 23RD STREET ;o BY CITY ORDINANCE NO. 95-75 RECORDED IN FILM FILE TRACT 1 m NO. 9608805, R.P_R.J.C. W CITY OF BEAUMONT RETAINED 1,788 ACRES EASEMENT FOR SANITARY wn NUMBER DELTA RADIUS ARC CHORD CHORD BEARING AND STORM SEWER. O C1 01'22'14" 1755.90 42.00 42.00 S 55'12'10" W M i& 1755.90 W C2 00'19'35" 1755.90 10.00 10.00 S 56'03'04" W to< 1755.90 1 10' WIDE WATER 714 tr 0.0032 ACRE COMMENCING LUMBER NI34C40'00" W D4.00NCE 0 25 SO POINT I N iIf L2 EASEMENT 2 L2 N 5510'38" E 10.00 S C® Ns. I��," AY 7 FOUND L3 S 34'40'00" E 14.00 y/ I `►O ,� IRON PIPE 69 ss NeE1?c�0 de c2 Cl SURVEYOR'S CERTIFICATION: VE POINT OF I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, BEGINNING THAT'THIS IS AN ACCURATE PLAT OF A SURVEY&DESCRIPTION MADE MENT 2 ON IHE GROUND UNDER MY SUPERVISION DURING 2006 AND 2007. . I PEE OF:F�f 4b, tp WALIIER J. KSIAZEI WALTER J':K9MZEK i DWG: 796WE084 REGISTERED PROFESSIONAL SURVEYO N . 5321 Fittz&Shipman WATER LINE EASEMENTS SHEET NO. ✓ l P.. 1(� 1 � �OQ` ConsuGurgEngineasandLandS/avryorr INC. PROJECT NAME: CARDINAL HOTEL HOLDINGS, LP 5 H SVAV�V 1405 CORNERSTONE COURT, BEAUMONT, TEXAS IH-10 SERVICE ROAD AND 405 CORNERSTONE FAX(409) 632-7303 WASHINGTON BOULEVARD PROJECT NO. BEAUMONT, TEXAS REVISED: 9-18-07 DATE: 8-20-07 06796.0084 Vokor ,0 � c City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 9, 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/1-9Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider authorizing the City Manager to execute a Memorandum of Geophysical Option Agreement, Geophysical Option Agreement and a Oil, Gas and Mineral Lease for 500 acres of land, Tyrrell Park, in the Samuel Stivers Survey 2. Consider approving a contract for the Cathedral Square Brick Pavers Sidewalk Project located at Neches Street, Wall Street and Forsythe Street 3. Consider approving a resolution accepting an easement from Drainage District No. 6 for the Gulf Terrace Detention Facility Hike and Bike Trail 4. Consider approving a one year contract with the Art Museum of Southeast Texas S. Consider approving a one year contract with the Southeast Texas Arts Council (SETAC) 6. Consider approving a one year contract with the Texas Energy Museum 7. Consider approving a one year contract with BUILD, Inc., Beaumont Main Street for downtown economic development purposes 8. Consider approving a one year contract with the Beaumont Heritage Society/John Jay French Museum I 9. Consider approving a payment to Advanced Systems Alarm Services for the fire alarm system in the Julie Rogers Theatre 10. PUBLIC HEARING: Receive comments and requests relating to six month extensions for occupying FEMA or travel trailers Consider approving an ordinance allowing for a six month extension for occupying a FEMA or travel trailer at 3235 Waverly, 2280 Blanchette, 4220 Usan, 6035 Fannett, 2915 Edmonds and denying an extension at 9750 Faggard, 4189 Sullivan, 3415 Washington, 1345 Emma, 7090 Phelan 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: Claim of Louis Bryant a/n/f of Precious Bryant, a minor Claim of April Harrison a/n/f of Aaron Harrison, a minor Claim of Toby Springer 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 October 9, 2007 Consider authorizing the City Manager to execute a Memorandum of Geophysical Option Agreement, Geophysical Option Agreement and a Oil, Gas and Mineral Lease for 500 acres of land, Tyrrell Park, in the Samuel Stivers Survey City Council Agenda Item :i u9in TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: October 9, 2007 REQUESTED ACTION: Council authorize the City Manager to execute a Memorandum of Geophysical Option Agreement,Geophysical Option Agreement and a Oil, Gas and Mineral Lease with Samson Lone Star,LLC. of Tulsa Oklahoma, for 500 acres of land, Tyrrell Park, in the Samuel Stivers Survey. RECOMMENDATION Administration recommends Council authorize the City Manager to execute a Memorandum of Geophysical Option Agreement, Geophysical Option Agreement and a Oil, Gas and Mineral Lease with Samson Lone Star,LLC. of Tulsa Oklahoma, for 500 acres of land, Tyrrell Park, in the Samuel Stivers Survey. BACKGROUND Samson Lone Star,LLC. is planning to conduct seismic survey project that includes the property on which Tyrrell Park is located. The Memorandum of Geophysical Option Agreement 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 Geophysical Option Agreement is for a term of eighteen months with a $350 per net mineral acre bonus, if the lease is exercised,and a rental payment of$100 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 twenty-five (25) percent royalty payment. As a condition of the transfer of the property and mineral rights to the City, from the W.C. Tyrrell Trust, any revenue received from oil, gas and mineral leases within the boundaries of the park must dedicated equally to the maintenance, repair, or improvement of Tyrrell Park and the Tyrrell Historical Library. The application of such revenue will be in addition and not in lieu of the amounts normally budgeted by the City for maintenance, repair or improvement of these two facilities. BUDGETARY IMPACT Submitted with the leases was a bank draft in the amount of$50,000 for the rental payment. If the lease is exercised the City will receive and additional payment of$175,000. 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 Geophysical Option Agreement, a Geophysical Option Agreement and an Oil, Gas and Mineral Lease, substantially in the form attached hereto as Exhibits "A,""B,"and "C," with Samson Lone Star, LLC, of Tulsa, Oklahoma, for 500 acres of land, Tyrrell Park, in the Samuel Stivers Survey. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of October, 2007. - Mayor Becky Ames - MEMORANDUM OF GEOPHYSICAL OPTION AGREEMENT STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS THAT: COUNTY OF JEFFERSON ) A Geophysical Option Agreement dated effective September 24, 2007 (the "Option Agreement") was entered into by and between City of Beaumont, a municipal corporation (hereinafter called "Grantor"), whose address is P.O. Box 3827 Beaumont, Texas 77704, and Samson Lone Star,LLC,a Texas limited liability company(hereinafter called"Grantee'),whose address is Two West Second Street,Tulsa,Oklahoma 74103,pertaining to that certain property situated in Jefferson County,Texas,which is more particularly described in Exhibit"A"attached hereto(the"Property"). Grantor owns oil and gas interests in,to and under the Property. Pursuant to the Option Agreement,Grantor has granted Grantee the sole and exclusive right,for a period of 18 months,to conduct seismic surveys and/or other geophysical investigations and explorations on the property,together with the exclusive option to acquire a lease to Grantor's interest in that property. A fully executed copy of the Option Agreement is in the possession of Grantee at its respective address. This Memorandum is signed by grantor and Grantee as of the date of the acknowledgment of the signatures below,but is effective for all purposes as of the effective date stated above. NOTICE OF CONFIDENTIALITY RIGHTS:IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. GRANTOR: City of Beaumont,a municipal corporation By Kyle Hayes,City Manager STATE:OF TEXAS ) COUNTY OF JEFFERSON ) This instrument was acknowledged before me on this day of 2007,by Notary Public for the State of Texas EXHIBIT"A" EXHIBIT"A" 500.00 acres of land,more or less,being a part of the Samuel Stivers Survey,Abstract No. 51, more particularly described by metes in bounds in that certain deed dated May 22, 1920 from W. C. Tyrell Trust to the City of Beaumont, being recorded in Volume 196, Page 416, of the Deed Records of Jefferson County, Texas. GEOPHYSICAL OPTION AGREEMENT STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS THAT: COUNTY OF JEFFERSON ) THIS AGREEMENT is made this 25`s day of September,2007,by and between City of Beaumont,a municipal corporation(hereinafter called"Grantor"),whose address is P.O.Box 3827 Beaumont,Texas 77704,and Samson Lone Star,LLC,a Texas limited liability company(hereinafter called the"Grantee"),whose address is Two West Second Street,Tulsa, Oklahoma 74103. WITNESSETH: I. For and in consideration of the sum of Ten Dollars($10.00)and other valuable consideration, for the agreements herein contained, and subject to the terms and conditions hereinafter set forth,to the full extent of Grantor's power and authority to do so,Grantor hereby grants unto Grantee the sole and exclusive right and option, for a period of 18 months expiring on February 10`s, 2009 (herein called "Option Period"), to acquire oil and gas lease or leases, covering all or portions of that certain property situated in Jefferson County,Texas,which is more particularly described in Exhibit "A" attached hereto, together with the sole and exclusive right of Grantee or its designated agent, during said Option Period, to conduct seismic surveys and/or other geophysical investigations and explorations on said property,or portions thereof, for the purpose of exploring the same for the possible existence of oil,gas and other hydrocarbons, including Grantor giving Grantee, or its duly contracted seismic agent, all rights and permits necessary to conduct geophysical or seismic operations across said property, or portions thereof, including access to and use of any roads, rights-of-way, canals,etc.,relevant to said operations. 2. Any lease or leases to be acquired by Grantee hereunder shall be in identical form and substance as the lease form attached hereto as Exhibit "B", providing for a three (3) year primary term, three-hundred and No/100ths Dollars ($300.00) per net mineral acre bonus, and a one-fourth(1/4h) royalty. 3. In the event Grantee should desire to exercise the option herein granted, Grantee shall,prior to the expiration or termination of the Option Period, notify Grantor in writing of Grantee's desire to obtain a lease under the terms hereof, enclosing a legal description of the property to be covered by each lease together with its check,payable to Grantor,in an amount equal to the total bonus payment or payments under such lease or leases,which shall be computed on the basis of three-hundred and No/l00ths Dollars($300.00)per net mineral acre for each and every acre to be covered by each such lease. 4. Promptly after receipt of the aforesaid notice and check, Grantor will execute and deliver to Grantee two originals of the oil and gas lease(s) covering the property included in each description enclosed with said notice, each such instrument shall be prepared by making the necessary insertions in the form attached hereto as Exhibit`B", and shall be dated as of the date of the aforesaid notice by Grantee. 5. Grantee shall use due care to avoid damage to the property covered hereby and to all timber, crops,wildlife, game, fish, animals, structures, facilities and improvements now or hereafter :located thereon, whether or nor owned by Grantor. Grantee will repair all canals, ditches, dams, levees, roads, bridges, fences, pipelines and other structures, facilities and improvements on such property which may be damaged by any operation conducted by or for Grantee hereunder and will remove all debris resulting from any such operation. :'.Notwithstanding the foregoing, Grantor and Grantee acknowledge and agree that the consideration paid hereunder shall cover and include payment for reasonable and customary damages, if any, to the surface of the above described property which may occur in the normal course of seismic and/or geophysical operations. Grantee further agrees that it will indemnify and hold Grantor harmless against any and all loss, damage, liability, cost or EXHIBIT"B" expenses, including fines, penalties and reasonable attorneys' fees, on account of injuries to or death of persons or damage to property of any kind, or the violation of any law or regulation,arising wholly or partially out of or resulting from any operation conducted by or for Grantee hereunder. 6. Grantor expressly reserves the full enjoyment and use of property covered hereby and all rights with respect to the surface and subsurface thereof for any and all purposes except to the extent granted to the Grantee. All of the rights retained by Grantor,and the rights granted to Grantee herein,shall be exercised in such a manner that neither shall unduly interfere with the operations of the other upon the property covered hereby. 7. Except to the extent that Grantee may have exercised, or is in the process of exercising, its rights and options hereunder, the rights and options of Grantee herein shall terminate at the end of the Option Period, without notice, demand or putting in default, and Grantee shall promptly, upon the request of Grantor, execute and deliver to Grantor a recordable release hereof. Provided, however, if while this Option Agreement is in force, Grantee is not conducting operations on the property covered hereby for reasons of(a)any law, order,rule or regulation(whether or not subsequently determined to be invalid)or(b)flood,storm,riot, war or insurrection, or (c) any cause, whether similar or dissimilar (except financially) beyond the reasonable control of Grantee, the option period hereof shall be extended until ninety(90)days after the removal of such delaying cause,and this Option Agreement may be extended thereafter as if such delay had not occurred; provided that this provision shall not operate to extend the option period beyond the date of three (3) years from the date of this Agreement. 8. This Option Agreement is made and entered into without any warranty by, or recourse upon, Grantor whatsoever, not even for the return of the consideration above. This Option Agreement, and all of the terms and provisions and conditions hereof, shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 9. Grantor and Grantee agree to execute any and all documents,leases,reasonable amendments to this Option Agreement and the like, which are necessary to effectuate the purpose and intent hereof IN WITNESS WHEREOF,the parties hereto have executed this instrument in multiple original counterparts,as of the day and date hereinabove first written. GRANTOR: City of Beaumont,a municipal corporation By Kyle Hayes GRANTEE: Samson Lone Star,LLC, a Texas limited liability company By: Name: Title: Date: STATE OF TEXAS C01 JNTY OF JEFFERSON This instrument was acknowledged before me on the day of , 2007, by Notary Public,State of Texas STATE OF OKLAHOMA COUNTY OF TULSA This instrument was acknowledged before me on this day of ,2007,by for Samson Lone Star,LLC,a Texas limited liability company,on behalf of said company. Notary Public for the State of Oklahoma EXHIBIT "A" 500.00 acres of land, more or less,being a part of the Samuel Stivers Survey, Abstract No. 51, more particularly described by metes in bounds in that certain deed dated May 22, 1920 from W. C. Tyrell Trust to the City of Beaumont, being recorded in Volume 196, Page 416, of the Deed Records of Jefferson County, Texas. Producers 88(7-69)Paid Up With 640 Acres Pooling Provision EXHIBIT"B" OIL, GAS AND MINERAL LEASE TMS AGREEMENT made this day of between Lessor(whether one or more),whose address is:City of Beaumont,a municipal corporation,P.O.Box 3827 Beaumont,Texas 77704 and Samson Lone Star,LLC,Two West Second Street,Tulsa,OK 74103-1533 Lessee,WITNFSS=: 1.Lessor,in consideration of ****TEN DOLLARS AND OTHER VALUABLE CONSIDERATION**** Dollars,receipt of which is hereby acknowledged,and of the covenants and agreements of lessee hereinafter contained,does hereby grant,lease and let onto lessee the land covered hereby for the purposes and with the exclusive right of exploring,drilling,mining and operating for,producing and owning oil,gas,sulphur and all other minerals(whether or not similar to those mentioned),together with the right to make surveys on said land,lay pipe lines,establish and utilize facilities for surface or subsurface disposal of saft water,construct Roads and bridges,dig canals,build tanks,power stations,telephone lines,employee houses and other structures on said land,necessary or useful in lessees operations in exploring,drilling for, producing,treating,storing and transporting minerals produced from the land covered hereby or any other land adjacent t hereto.The land covered hereby,herein called"said land,is located in the County of Jefferson State of Texas, and is described as follows: NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. This lease also covers and includes,in addition to that above described,all land,if any,contiguous or adjacent to or adjoining the land above described and(a)owned or claimed by lessor by limitation,prescription,possession,reversion or unrecorded instrument or(b)as to which lessor bas a preference right of acquisition-Lessor agrees to execute any supplementaM instrument requested by lessee for a more complete or accurate description of said land.For the purpose of determining the amount of any bonus or other payment hereunder,said land shall be deemed to contain acres,whether actually containing more or less,and the above recital of acreage in any tract shall be deemed to be the true acreage ithereof Lessor accepts the bonus as lump sum consideration for this lease and all rights and options hereunder. 2.Unless sooner temunated or longer kept in force under other provisions hereof;this lease shall remain in force for a term of(3)years from the date hereof hereinafter called "primary term"and as long thereafter as operations,as hereinafter defined,are conducted upon said lard with no cessation for more than ninety(90)consecutive days. 3.As royalty,lessee covenants and agrees:(a)To deliver to the credit of lessor,in the pipe line to which lessee may connect its wells,the equal one-fifth part of all oil produced and saved by lessee from said land,or from time to titre,at the option of lessee,to pay lessor the average posted market price of such one-fifth part of such oil at the wells as of the day it is ran to the pipe line or storage tanks,lessors interest,in either case,to bear orwfifth of the cost of treating oil to render it marketable pipe line oil;(b)To pay lessor on gas and casinglead gas produced from said lard(1)when sold by lessee,one-fifth of the amount realized by lessee,computed at the mouth of the well,or(2)when used by lessee off said land or in the manufacture of gasoline or other products,the market value,at the mouth of tbe well of one-fifth of such gas and casinglead gas;(c)To pay lessor on all other minerals mined and marketed or utilized by lessee from said land,one-tenth either in kind or value at the well or mine at lessee's election,except that on sulphur mined and marketed the royalty shall be one dollar($1.00)per long ton.It at the expiration of the primary term or at any time or times thereafter,there is any well on said lard or on lands with which said land or any portion thereof has been pooled,capable of producing oil or gas,and all such wells are shut-in,this lease shall,nevertheless,continue in force m though operations were being conducted on said lard for so long m said wells are shut-ins,and thereafter this lease may be continued in force w if no shut-in had occurred Lessee covenants and agrees to use reasonable diligence to produce,utilize,or market the minerals capable of being produced from said wells,but in the exercise of such diligence,lessee shall not be obligated to install or furnish facilities other than well facilities and ordinary lease facilities of flow lines,separator,and lease tank,and shall not be required to settle labor trouble or to market gas upon terns unacceptable to lessee.If at any time or times after the expiration of the primary term,all such wells are shut-in for a period of ninety consecutive days,and during such time there are m operations on said lard,then at or before the expiration of said ninety day period,lessee shall pay or tender,by check or draft of lessee,as royalty,a aim equal to one dollar($I.00)for each acre of land then covered hereby.Lessee shall make like payments or tenders at or before the end of each anniversary of the expiration of said ninety day period if upon such anniversary this lease is being continued in Conte solely by reason of the provisions of this paragraph Each such payment or tender shall be made to the parties who at the time of payment would be entitled to receive the royalties which would be paid under this lease if the wells were producing,and may be deposited in the Bank at PAYMENT DIRECT TO LESSOR or its successors,which shall continue w the depositories,regardless of changes in the ownership of shut-in royalty. If at any time that lessee pays or tenders shut-in royalty,two or more parties are,or claim to be,entitled to receive same,lessee may,in lieu of any other method of paymamt berem Provided,Pay or tender such shut-in royalty,in the manner above specified,either jointly to such parties or separately to each in accordaroe with their respective ownerships thereof as lessee may elect Any payment hereunder may be made by check or draft of lessee deposited in the mail or delivered to the party entitled to receive payment or to a depository bank provided for above on or before the last date for payment.Nothing herein shall impair lessee's right to release as provided in paragraph 5 hereof In the event of assignment of this lease in whole or in part,liability for payment hereunder shall rest exclusively on the then owner or owners of this]case,severally w to acreage owned by each. 4.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 arty or all minerals or horizons,so w to establish units containing not more than 80 surface acres,plus 10%acreage tolerance;provided,however,units may be established as to any one or more horizons,or existing units may be enlarged u to any one or more horizons,so as to contain not more than 640 surface acres plus 10%acreage tolerance,if limited to one or more of the following:(1)gas,other than casinghead gas,(2)liquid hydrocarbons(condensate)which are not liquids in the subsurface reservoir,(3) minerals produced from wells classified as gas wells by the conservation agency having jurisdiction If larger units than any of those berein permitted,either at the time established, or after enlargement,are required wrier any governmental rule or order,for the drilling or operation of a well at a regular location,or for obtaining maximum allowable from any well to be drilled,drilling,or already drilled,any such unit may be established or enlarged to confoma to the sire required by such governmental order or rile.Lessee shall exercise said option w to each desired unit by executing an instrument identifying such unit and filing it for record in the public office in which this lease is recorded Each of said options may be exercised by lessee at any time and from time to time while this lease is in force,and whether before or after production has been established either on said lard,or on the portion of said land included in the unit,or on other land unitized therewith A unit established hereunder shall be valid and effective for all purposes of this lease even Bough there may be mineral,royalty,or leasehold interests in lads within the unit which are not effectively pooled or unitized.Any operations conducted on any part of such unitized land shall be considered,for all purposes,except the payment of royalty,operations conducted upon said land under this lease.There shall be allocated to the land covered by this lease within each such unit(or to each separate tract within the unit if this lease covers separate tracts within the unit)that proportion of the total production of unitized minerals from the unit after deducting any used in lease or unit operations,which the number of surface acres in such land(or in each such separate.tract)covered by this lease within the unit bears to the total number of surface acres in the unit,and the production so allocated shall be considered for all purposes,including payment or delivery of royalty,overriding royalty and any other payments out of production,to be the entire production of unitized minerals from the land to which allocated in the same mariner as though produced therefrom under the terns of this lease.The owner of the reversionary estate of any term royalty or mineral estate agrees that the accrual of royalties pursuant to this paragraph or of shut-in royalties from a well on the writ shall satisfy any limitation of term requiring production of oil or gas.The formation of any unit hereunder which includes lard not covered by this lease shall not have the effect of exchanging or transferring any interest under this lease(inchding,without limitation,any shut-in royalty,which may become payable under this lease)between parties owning,interests in lard covered by this lease and parties owning interests in land not covered by this lease.Neither shall it impair the right of lessee to release as provided in paragraph 5 hereof,except that lessee may not so release as to lands within a unit while then are operations thereon for unitized minerals unless all pooled]cases are released as to lands within the unit At any time while this lease is in force lessee may dissolve any unit established hereunder by filing for record in the public office when this lease is recorded a declaration to that eff i,if at that time no operations sre being conducted thereon for unitized minerals.Subject to the provisions of this paragraph 4,a unit once established hereunder shall remain in force so long as any lease subject thereto shall remain in force.If this lease now or hereafter covers separate tracts,no pooling or unitization of royalty interests as between soy such separate tracts is intended or shall be implied or result merely from the inclusion of such separate tracts within this lease but lessee shall nevertbelem have the right to pool or unitize w provided in this paragraph 4 with consequent allocation of production as herein provided As used in this paragraph 4,the words"separate tract" mean any tract with royalty ownership differing,row,or hereafter,either as to parties or amounts,from that as to any other part of the leased premises. 5.Lessee may at any time and from time to time execute and deliver to lessor or file for record a release or releases of this lease as to any part or all of said land or of any mineral or horizon thereunder,and thereby be relieved of all obligations,as to the released acreage or interest. 6,Whenever used in this lease the word"operations"shall mean operations for and any of the following:drilling,testing,completing,reworking,recompleting, deepening,plugging back or repairing of a well in search for or in an endeavor to obtain production of oil,gas,sulphur or other minerals,excavating a mine,production of oil,gas, sulphur or other mineral,whether or not in paying quantities. EXHIBIT"Car 7.Lessee shall have the use,free from royalty,of water,other than from lessor's water wells,and of oil and gas produced from said land in all operations hereunder. Lessee shall have the right at any time to remove all machinery and fixtures placed on said land,including the right to draw and remove casing.No well shall be drilled nearer than 200 feet to the house or bans now on said land without the consent of the lessor.Lessee shall pay for damages caused by its operations to growing crops and timber on said lard. 8.The rights and estate of any party hereto may be assigned from time to time in whole or in part and as to any mineral or horizon.All of the covenants,obligations,and considerations of this lease shall extend to and be binding upon the parties hereto,their heirs,successors,assigns,and successive assigns.No change or division in the ownership of said land,royalties,or other moneys,or any part thereof,howsoever effected,shall increase the obligations or diminish the rights of lessee,including,but not limited to,the location and drilling of wells and the measurement of production.Notwithstanding any other actual or constructive knowledge or notice thereof of or to lessee,its successors or assigns,no change or division in the ownership of said land or of the royalties,or other moneys,or the right to receive the same,howsoever effected,shall be binding upon the then record owner of this lease until thirty(30)days after there has been furnished to such record owner at his or its principal place of business by lessor or lessors heirs,successors,or assigns, notice of such change or division,supported by either originals or duly certified copies of the instruments which have been properly filed for record and which evidence such change or division,and of such court mcords and proceedings,transcripts,or other documents as shall be necessary in the opinion of such record owner to establish the validity of such change or division If any such change in ownership occurs by reason of the death of the owner,lessee may,nevertheless pay or tender such royalties,or other moneys,or part thereof,to the credit of the decadent in a depository bank provided for above. 9.In the event lessor considers that lessee has not complied with all its obligations hereunder,both express and implied,lessor shall notify lessee in writing,setting out specifically in what respects lessee has breached this wntracL Lessee shall then have sixty(60)days after neceipt of said notice within which to meet or commence to meet all or any part of the breaches alleged by lessor.The service of said notice shall be precedent to the bringing of any action by lessor on said lease for any cause,and no such action shall be brought until the lapse of sixty(60)days after service of such notice on lessee.Neither the service of said notice nor the doing of any acts by lessee aimed to meet all or any of the alleged breaches shall be deemed an admission or presumption that lessee has failed to perform all its obligations bereunder.If this lease is cancelled for any cause,it shall nevertheless remain in force and effect a,to(1)sufficient acreage around each well as to which there ane operations to constitute a drilling or maximum allowable unit under applicable governmental regulations,(but in no evens less than forty acres),such acreage to be designated by lessee as rearly as practicable in the form of a square centered at the well,or in such shape as then existing spacing rules require;and(2)any part of said land included in a pooled unit on which there are operations.Lessee shall also have such easements on said land as are necessary to operations on the acreage so retained. 10.Lessor hereby warrants and agrees to defend title to said land against the claims of all persnua whomsoever.lessors rights and interests hereunder shall be charged primarily with any mortgages,taxes or other liens,or interest and other charges on said land,but lessor agrees that lessee shall have the right at any time to pay or reduce same for lessor,either before or after maturity,and be subrogated to the rights of the holder thereof and to deduct amounts so paid from royalties or other payments payable or which-may become payable to lessor and/or assigns under this lease.If this lease covers a less interest in the oil,gas,sulphur,or other minerals in all or any part of said land than the entire and undivided fee simple estate(whether lessors interest is herein specified or not),or no interest therein,then the royalties and other moneys accruing from any part as to which this lease covers less than such full interest,shall be paid only in the proportion which the interest therein,if any,covered by this lease,bears to the whole and undivided fee simple estate therein,All royalty interest covered by this lease(whether or not owned by lessor)shall be paid out of the royalty herein provided.This lease shall be binding upon each party who executes it without regard to whether it is executed by all those named herein as lessor. 11.If,while this lease is in force,al,or after the expiration of the primary term hereof,it is not being continued in force by reason of the shut-in well provisions of paragraph 3 hereof,and lessee is not conducting operations on said land by reason of(1)any law,order,rule or regulation,(whether or not subsequently determined to be invalid)or (2)any other cause,whether similar or dissimilar,(except financial)beyond the reasonable control of lessee,the primary term hereof shall be extended until the first anniversary date hereof occurring ninety(90)or more days following the removal of such delaying cause,and this lease may be extended thereafter by operations as if such delay had not occurred. 12. Lessor does hereby grant,transfer and convey unto Less"a right-of-way and easement to drill and operate tinder the surface of and through the lands described hereto,or any other lands adjacent thereto, regardless of any depth limitations set out therein,one or more directional wells to be bottomed on lands other than the lands described, for the purposes of exploring,drilling,mining and operating for,developing and producing oil,gas and associated hydrocarbons order the teams of any oil and gas leases(s),now owned or hereafter acquired by Lessee,covering lands other than the lards,and to take any and or all other actions necessary or desirable in the exercise the rights granted herein This right-of-way and easement shall remain in full force and effect for the primary term hereto and as long thereafter m used by Lessee for the purposes herein granted IN WITNESS WHEREOF,this instrument is executed on the date first above written. City of 13eamnom,a municipal corporation, by Kyle Hayes,City Manager ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF JEFFERSON This instrument was acknowledged before me on the day of 2007 Hy Notary Public,State of Texas Notary's name(printed): Notary's commission expires ST Ma1►wt ! <G��r,�0iv .�..,.`� Q LJIIJ !/7 Mel ! ('bJ•�"' /r � � �(�M-•- �}11��� ps�4fo4J S •`+ 1 L rJ�.n'►►7i�,R, t 6 e.Jrw -.pec. � r;Y ,i l rwl+w+ (�s�r'`7{� 4I/CFg1N.ro- fOJ•,� IwM Ln)V JCIe�MAA lO�r IMP a __r 9tyJ f O iris/ staJ IM•n�a• / ,c r• i MA�i+I ` !r 1-94 w Ie V-tititirr\\\ 2� SMi R/ t .ew/wt a , IN CA ri.fAc iMCfOddM 1i f LI � E fTi , ��1� dr +� w � >�� � frrfww Tiiesep A.kMUr/ �, / r. Arent r J.1 rl{tl AT%06oha ¢� s 12.-141MIal s ` .� s f,A�� t •wrNwrJ I Sit \��, — Ni r 12-1 ./ A e+0!' � � 1 L _ r 7` `4 y _ S ri!, ♦a ac £ 6 [Oav I MAN 10 ' }' . sfry \'�licl • b 4 c.� 1� rA lut!e .� . .JJv/4J EeJ Thy/ f4 was l �! *� ♦ i o A B ANN Oe..- T E Ja1 !J"' •Ili T � R� s'� 'w i ti •'/� `a•' t J✓e.wl4ww/'f�bDfO EYp1 £4 .a0d .o. - t J 1 ►✓ f 0 -240 IOAe stoft � Ssbe 1 �� �M �'� R ~+T`'� *!7t/�t!.'!�"Aa/i.r►M+w+r+ii M►i+lrrww i$v IQAIJ �^ 5 f • �� + }w!+N a. A+wr•aJJS JAt JOAc a Act \ �� yf• A,�d' �� a• •e�ci ' ..sew��• A� E L Sabrar 06M • t+ s S� f r r +w �A �+ + eye• • SOO Ae. SKM I&MCMISt 1 • a S H-ZA/►Z `.L I�j. iJ S4 V. f rrewsaxe A/Jr eo L t fFK.7 ( �LY �••ri C 4m it( irlwl !1 ��� T" lw �Jf` �R ••� l fA1t t rNif �••• G„ f foot At AW'Dovelo.10. c_J i �� �iC•J 00Z� 1 •Ir caws tls# S41 Jp ►Sit !f•_+ • ; l ct, [• <i, t r� I 40. P' �'��� r 16rII•laJe �• � !wl! �li.. �� I/N.i FIarJr t, ♦� 4+ L Nier lase Jolts Isle TAV, ,i :L•. or, ,�,•ate \�I • ► NP0 Q1 a��,�+����t41p o a4 ► ��► 1 C/►r _ SiltirMAW1 .sans qrw• , ` ,A rr!R 1p F &i!,t Rabe J2 �� ��s-- Q�J /PeM+lam 4•f Alwer. I -�, � t �S-yo•Z A3pec4 Res `' D/ -I , �b 12. Zl Lnei M1��Nf�sG rcy IBT-s. 1 Y11 Kw..u.rr 1f.79 A� Pao:CO.oPAMC I L�L• llrt Jose '7 1-25-2002 1 I sk5pact Kas. il00' 1 Ptr"» p.l 3-5-2�►AZ Z October 9, 2007 Consider approving a contract for the Cathedral Square Brick Pavers Sidewalk Project located at Neches Street, Wall Street and Forsythe Street �%1ftV •••,•• City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: October 9, 2007 REQUESTED ACTION: Council consider a resolution authorizing the award of a contract for the Cathedral Square Brick Pavers Sidewalk Project(Neches Street,Wall Street and Forsythe Street)in the amount of$355,049.00 to Brystar Contracting. RECOMMENDATION Administration recommends awarding the contract for the Cathedral Square Brick Pavers Sidewalk Project (Neches Street, Wall Street and Forsythe Street) to Brystar Contracting in the amount $355,049.00. BACKGROUND On September 27,2007,the City of Beaumont received two(2)bids for the Cathedral Square Brick Pavers Sidewalk Project (Neches Street, Wall Street and Forsythe Street). The 'lowest bid was submitted by Brystar Contracting in the amount of$355,049.00. The estimated cost of the project prior to receipt of the bid was $350,000.00. The list below identifies the total bids received from each contractor. Contractor Bid Amount Allco, LTD $490,545.20 Brystar Contracting $355,049.00 The MBE goal will be met through subcontracts with Wholesale Electric, Crabtree Barricade, All American Construction Supply and Rural Pipe and Supply in the amount of$58,000.00 representing 16.35% of the contract amount. BUDGETARY IMPACT Funds are available through the Capital Program. DwnTwnImpCathedra1Sgcg.wpd 10/03/2007 CITY OF BEAUMONT SCHEDULE OF MBE PARTICIPATION (SCHEDULE C) Date of Report Department Project No. Location Percent Complete l�a� L�4i .QC/7itlG Total Contract Amount $ 15$o A00 r lame of Prime Contractor/Proposer U&J),: S — — c 47go cGti ,�r�c� c 't 3So0p.ou !tZd 4A 7 2i r c.a C �... _!O,OG10.00 T � 770 a Y 775-0 ZyE4 9#Ab i S Uo 40,-T '477/ P 'r SAP o9 e, t 1000 7A 7SIS/ The undersigned will enter into a formal agreement with MBE Contractors for work listed in this schedule conditioned upon execution of a contract with the City of Beaumont. DOTE: I. Any business listed above must have Schedule A on file with the City. 2. Schedule C is to be included with bid,and resubmitted at 50%and 100%of project completion Signature Title PW/E Form SchedC.0203-95 32 CITY OF BEAUMONT BID TAB CATHEDRAL SQUARE PAVED SIDEWALKS Item ALLCO LTD BRYSTAR CONSTRUCTING Unit Estimated Unit Total Unit Total No. Code Alt Description Measure Quantity Price Price 104 001 REMOVE CONCRETE CURB&GUTTER COMBINED LF 954 $28.00 $26,712.00 $20.00 $19,080.00 104 002 REMOVING CONCRETE(SIDEWALK&W.C.RAMPS)(4") __ SY 109 $32.00 $3,488.00 $8.00 $872.00 110 001 -- _ EXCAVATION(CURB&GUTTER COMBINED)(12-) _ CY 177 $36.00 $6,372.00 $18.00 $3,186.00 110 002 _ EXCAVATION(DRIVEWAYS)(10") - - --- ---- _ _ ___ CY 37 $50.00' $1,850.00 $18.00 $666.00 110 003 EXCAVATION(SIDEWALK&W.C.RAMPS)(8") CY 217 $45.00 $9,765.00 $20.00 $4,340.00 247 001 FLEX BASE - ---- -- - -- (TYA)(GR1)(CL5)(OC)(DEL)(8")(SIDEWALK&W.C.RAMPS) _ SY 975 $35.00 $34,125.00 $26.001 $25,350.00 247 _ FLEX BASE(TYA)(GR1)(CL5)(DC)(DEL)(12")(CON.CURB&GUTTER) SY _ 531 $55.00 _ $29,205.00 $38.00 $20,178.00 276 _ 001 __ CEM TRT BASE(CL.L)(TY A)(GR3)(DRIVEWAYS)(FINAL POS)(10") SY_ _ 132_ $65.00 $8,580.00 $42.00 $5,544.00 292 001 ASB(GR 1)(PG 64)(6") TON _ _ 72 $150.00: $10,800.00 $140.001 $10,080.00 465 001 GRATE INLET EA 3 $5,500.00 $16,500.00 $4,000.00 $12,000.00 465 002 -- ------ - _ _ CURB INLET $7,000.00 $7,000.00 $3,600.00 $3,600.00 479 001 _ ADJUST STRUCTURE(WATER VALVE) EA 2 $675.00 $1,350.00 _ $150.00 $300.00 479 002 - ---- _.-_ __- - -- ADJUST STRUCTURE(WATER METER) EA 1 ____ $750.00, $750.00 $200.00 $200.00 479 003 -_ - - - ADJUST STRUCTURE(GAS METER) EA 1 $3,0 $3,500.00 $200.001 $200.00 496 001 -.. .- -- -.- --- REMOVE OLD STRUCTURE(INLET) -- EA 5 $750.00 $3,750.00 $950.00 $4,750.00 500 001 - ----- - -- - - --- . MOBILIZATION LS 1 $47,500.00 $47,500.00 $12,000.00 $12,000.00 502 001 _ BARRICADES,SIGNS,&TRAFFIC HANDLING ----- -- ---- MON 3 $3,000.00 $9,000.00 $1,900.00 $5,700.00 529 001 CONC.CURB&-GUTTER COMB.(CL A) _ _ _ _ _ LF 764 $42.00 $32,088-10 $38.001-_ $29,0322-00 529 002 TY II MONO CURB _ __ LF _ 25 $22.00 $550.00 $10.00_ $250.00 529 003 _ LAY DOWN CURB(DRIVEWAYS) _ LF 187 $37.00- $6,919.00 $32.00 $5,984.00 529 004 REINF CONC.RESTRAINT BLOCK(6"X9")(CL A)(SIDEWALK) _ LF E4.5 33 _ _$30.00 $27,990.00 $15.00 $13,995.00 529 005 REINF CONC.RESTRAINT BLOCK(6"X12")(CL A)(DRIVEWAYS) LF 23 $35.00_ $4,305.00 $30.00 $3,690.00 531 001 --- . -- _ SIDEWALK SY $425.00 $1,912.50 $90.00 _$405.00 610 001 12'FIBERGLASS LAMP POLE COMPLETE(INC ELEC.WIRING)SINGLE FIXTURES)_ EA _ 12 $3,600.00 $43,200.00 $3,500.00 $42,000.00 618 001 2"PVC SCHD 40 CONDUIT(INCL.CEM STAB.SAND BKFL) _ LF_ 85 $11.00 $11,935.00 $9.00 $9,755.00 624 001 _ JUNCTION BOXES EA 6 $770.00 $4,620.00 $800.00 $4,800.00 624 002 --- --- --- -- ELECTRICAL METER BOX EA 1 $195.00 $195.00 $2,300.00 $2,300.00 629 001 REMOVE SERVICE POLE EA 6 $950.00 $5,700.00 $250.001 644 001 - - -- --- _._- _._.. ------- REMOVE ROADSIDE SIGN ASSEMBLY EA 2 $600.00 $1,200.00 $50.00 $100.00 644 002 - - - __-. INSTALL ROADSIDE SIGN ASSEMBLY _ EA __ _ 2 $635.00 _ $1,270.00 $600.00 $$100.00 -- _ _ 656 001 12"FIBERGLASS LAMP POLE FOUNDATION(COMPLETE) EA 12 $1,115.00 $13,380.00 $400.00 $4,800.00 666 001 -- 1 Y 11 4-SLD ----- - LF 111 -- $6.00 _ 672 001 - ___ _ $666.00 $5.00 _ $555.00 - RATS PVMT MRKR CL B REFL)TY-II-A-A EA __ 66 $18.00 $1,188.00 $16.00 $1,056.00 672 002 TRAFFIC BUTTON TY ---- EA - _ 126 $13.75 $1,732.50 $13.00 $1,638.00 677 _ 001 REMOVE RAIS PVMT MRKR -- - - "-- --- EA 192 _ $6.85 $1,315.20 $5.50 $1,056.00 9000 001 BRICK PAVERS INCL.SAND FILLERS&BEDDING)(SIDEWALK) _ SF 8562 - $8.00 $68,496.00 $4.00 $34,248.00 9000 002 BRICK PAVERS INCL.SAND FILLERS&BEDDING .C.RAMPS _ SF 216 $8.00 $1,728.00 __ $9.00 $1,944.00 9000 003 BRICK PAVERS INCL.SAND FILLERS&BEDDING (DRIVEWAYS) __ ___ SF 1177 $8.00 $9,416.00 $5.00 _ $5,885.00 9000 004 __ TREE GRATE _ _ __ __ EA 12 $2,500.00 $30,000.00 $5,000.00 $60,000.00 9000 005 STEEL PIPE BOLLARD - EA 1 $492.00 92.00 0 $800.00 BID TOTAL $490,545.20 0.0 $355,049.00 RESOLUTION NO. WHEREAS, bids were solicited for a contract for the Cathedral Square Brick Pavers Sidewalk Project (Neches Street, Wall Street and Forsythe Street); and, WHEREAS, Brystar Contracting of Beaumont, Texas,submitted a bid in the amount of $355,049 and, WHEREAS, City Council is of the opinion that the bid submitted by Brystar Contracting of Beaumont, 'Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Brystar Contracting of Beaumont, Texas, for a contract for the Cathedral Square Brick Pavers Sidewalk Project(Neches Street, Wall Street and Forsythe Street) in the amount of $335,049 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of October, 2007. - Mayor Becky Ames - 3 October 9, 2007 Consider approving a resolution accepting an easement from Drainage District No. 6 for the Gulf Terrace Detention Facility Hike and Bike Trail City Council Agenda Item •Y M � ' c TO: City Council FROM: Kyle Hayes, City Manager 4W PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: October 9, 2007 REQUESTED ACTION: Council approve a resolution accepting an easement from Drainage District No. 6 for the Gulf Terrace Detention Facility Hike and Bike Trail. RECOMMENDATION The Administration recommends Council approve a resolution accepting an easement from Drainage District No. 6 for the Gulf Terrace Detention Facility Hike and Bike Trail. BACKGROUND The proposed hike and bike trail will be constructed on the Drainage District No. 6 (DD#6) Gulf Terrace Detention Facility located on Phelan Boulevard east of Keith Road. The recreational trail will traverse around the detention facility on Phelan Boulevard, extend along a drainage outfall easement and end at the drainage detention pond on Dishman Road. Total length of the trail is approximately 2.S miles. Parking facilities will be provided at the Phelan Boulevard entrance to the trail. The easement,which also includes the parking area,is required in order for the City to construct and maintain the trail on DD#6 property. A copy of the easement is enclosed. BUDGETARY IMPACT None. RESOLUTION NO. WHEREAS, Jefferson County Drainage District No. 6 has agreed to convey a 7.309 acre easement out of the A. Houston League, Abstract 33, Jefferson County, Texas, as described in Exhibit"A"and shown on Exhibit"B"attached hereto, to the City of Beaumont for the purpose of constructing and maintaining the Gulf Terrace Detention Facility Hike and Bike Trail on Drainage District No. 6 property; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by Jefferson County Drainage District No. 6, as described in Exhibit "A" and shown on Exhibit "B" attached hereto, be and the same is hereby, in all things, accepted for the aforestated purpose. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of October, 2007. - Mayor Becky Ames - I EXHIBIT"A",PAGE 1 OF 5 FIELD NOTE DESCRIPTION FORA 7.309 ACRE EASEMENT OUT OF THE A. HOUSTON LEAGUE,ABSTRACT 33 JEFFERSON COUNTY, TEXAS SEPTEMBER 7, 2007 That certain 7.309 acre tract out of the A. Houston League, Abstract 33, Jefferson County, Texas, being out of a called 209.07 acre tract conveyed to Jefferson County Drainage District No. 6 as recorded in Film Code 103-06-2383 and Film Code 103-06-2396 of the Real Property Records of Jefferson County, Texas, and a called 11.80 acre tract conveyed to Jefferson County Drainage District No. 6 as recorded in Film Code 103-06-2472 of the Real Property Records of Jefferson County, Texas, and a called162.89 acre tract conveyed to Jefferson County Drainage District No. 6 as recorded in Film Code 103-43-0139 of the Real Property Records of Jefferson County, Texas, said 7.309 acres being more particularly described by metes and bounds as follows: Centerline Description of Alignment "A" Commencing at a V2" steel rod found in the north right of way line of Phelan Boulevard, said point being North 00°17'24" West, a distance of 30.00 feet, of the southeast property corner of the said 209.07 acre tract and the southwest property corner of a called 56.974 acre tract conveyed to Jefferson County Drainage District No. 6 as recorded in Clerks File 2002013054 of the Official Public Records of Real Property of Jefferson County, Texas; THENCE North 89 053'32"W West along said north right-of-way line of Phelan Boulevard and the south line of the said 56.974 acre tract a distance of 259.18 feet to a Point of Beginning of the centerline description for Alignment"A"; THENCE North 00° 04'43" West, departing said north right-of-way line of Phelan Boulevard, a distance of 334.84 feet, being a 30 feet wide parcel extending 15.00 feet on each side of said centerline to a point; THENCE continuing North 00° 04'43" West a distance of 90.00 feet, being an 80.00 feet wide parcel extending 40.00 feet on each side of said centerline to a point; THENCE South 89°56'21" East a distance of 31.0 feet and extending 0.00 feet on each side of said centerline to a point, said point being the beginning of a 20.00 feet wide parcel being 10 feet on each side of said centerline; THENCE North 00 022'24" West a distance of 139.97 feet to a non-tangent point on a curve to the left and herein referred to as Point"A"; THENCE continuing along said curve having a radius of 75.00 feet, central angle of 79°50'23", arc distance of 104.51 feet, chord bearing of North 39044'59" East and a chord distance of 96.26 feet to the point of tangency of said curve; EXHIBIT"A", PAGE 2 OF 5 THENCE North 00010'13" West a distance of 552.11 feet; THENCE North 00 055'23"East a distance of 1,708.22 feet to the point of curvature of a curve to the right; THENCE along said curve having a radius of 400.00 feet, central angle of 11°04'32", arc distance of 77.32 feet, chord bearing of North 06 027'39" East, and chord distance of 77.20 feet, to the point of tangency of said curve; THENCE North 11 059'54" East a distance of 300.45 feet to the point of curvature of a curve to the left, herein referred to as Point `B", said point also the Point of Beginning for Alignment «B", THENCE along said curve :having a radius of 100.00 feet, central angle of 101'57'27", arc distance of 155.54 feet, chord bearing of North 38° 54'39" West and a chord distance of 155.54 feet to the point of tangency of said curve, herein referred to as Point "C" and also the Point of Beginning for Alignment"C"; THENCE North 890 57'33" West 35.00 feet perpendicular to and parallel with the common north line of said 209.07 acre tract and the south line of a called 200 acre tract conveyed to A. Huston Properties, LLC as recorded in Clerks File 2003030222 of the Official Public Records of Real Property of Jefferson County, Texas, a distance of 2,36096 feet to the point of curvature of a curve to the left; THENCE along said curve having a radius of 80.00 feet, central angle of 89°52'08", an arc distance of 125.48 feet, chord bearing of South 451 02'59" West, chord distance of 111.95 feet to the point of tangency of said curve; THENCE South 00°10'19" West 14.00 feet perpendicular to and parallel with the common west line of said 209.07 acre tract and the east line of a tract conveyed to the Lower Neches Valley Authority as recorded in Volume 948, Page 160 of the Deed Records of Jefferson County, Texas, a distance of 2,721.76 feet to the point of curvature of a curve to the left; THENCE along said curve having a radius of 80.00 feet, central angle of 91030'14", arc distance of 127.76 feet, chord bearing of South 45° 35'36" East, chord distance of 114.59 feet, to the point of tangency of said curve; THENCE North 88° 40'05" East a distance of 2,295.41 feet to the point of curvature of a curve to the left; THENCE along said curve having a radius of 75.00 feet, central angle of 08°59'55", arc distance of 11.78 feet, chord bearing of North 84 010'08" East, chord distance of 11.77 feet, to a point on the curve previously identified as Point"A" and containing 5.306 acres of land more or less. EXHM11'"A",PAGES' 3 OF 3 Centerline Description of Alignment`B" Beginning at Point `B", as previously described herein, said point being located at a point of curvature on Alignment "A", the beginning of a 20.00 feet wide parcel being 10.00 feet on each side of the following described alignment; THENCE North 11° 59'54" East a distance of 45.49 feet to the point of curvature of a curve to the left; THENCE along said curve having a radius of 400.00 feet, central angle of 15 003'51", arc distance of 105.17 feet, chord bearing of North 04° 27'59" East, and a chord distance of 104.86 feet, to the point of tangency of said curve; THENCE North 030 03'56" West passing the common north line of said 209.07 acre tract with the south line of a called 11.80 acre tract conveyed to Jefferson County Drainage District No. 6 as recorded in File 2003051955 of the Real Property Records of Jefferson County, Texas, at a distance of 6.91 feet, and continuing along said bearing for a total distance of 24.27 feet to a point herein referred to as Point"D"; THENCE North 03 003'56" West a distance of 82.91 feet to a point of inflection, said point being 15.00 feet perpendicular to the common west line of said 11.80 acre tract and the east line of said 200 acre tract; THENCE North 00 002'22" West,15.00 feet perpendicular and parallel with the common west line of said 11.80 acre tract and the east line of a said 200 acre tract, a distance of 3,106.19 feet to the point of curvature of a curve to the right; THENCE along said curve having a radius of 100.00 feet, central angle of 52°10'25", arc distance of 91.06 feet, chord bearing of North 26° 01'53" East, and chord distance of 88.00 feet, to the point of tangency of said curve; THENCE North 520 08'03" East passing the common east line of said 11.80 acre tract with the west line of a said 162.89 acre tract at a distance of 121.95 feet and continuing along said bearing for a total distance of 175.27 feet to the point of curvature of a curve to the right; THENCE along said curve having a radius of 100.00 feet, central angle of 37°51'47", arc distance of 66.08 feet, chord bearing of North 710 03'56" East, and chord distance of 64.89 feet, to the point of tangency of said curve; THENCE North 89 059'50" East, 11.00 feet perpendicular to, and parallel with, the common north line of said 162.89 acre tract and the south right-of-way line of Dishman Road, a distance of 5 70.3 1 feet to the point of curvature of a curve to the right; EXn iii "A", PAGE. 4 OF 5 THENCE along said curve having a radius of 100.00 feet, central angle of 24°41'25", arc distance of 43.09 feet, chord bearing of South 77° 39'28" East,and chord distance of 42.76 feet, to the point of tangency of said curve; THENCE South 65 018'45" East a distance of 28.40 feet to a point, said point being the end of Alignment`B", and containing 1.971 acres of land, more or less. Centerline Description of Alignment"C" Beginning at Point "C", as previously described herein, said point being located at a point of tangency on Alignment "A", the beginning of a 20.00 feet wide parcel being 10.00 feet on each side of the following described alignment; THENCE South 89 057'33" East, 35.00 feet perpendicular to, and parallel with, the common north line of said 209.07 acre tract and the south line of said 200 acre tract, a distance of 64.04 feet to the point of curvature of a curve to the left; THENCE along said curve having a radius of 50.00 feet, central angle of 93°06'23", chord bearing of North 43°29'15":East, chord distance of 72.60 feet, passing the common north line of said 209.07 acre tract with the south line of said 11.80 acre tract at an arc distance of 63.31 feet and continuing along said curve for a total arc distance of 81.25 feet to the point of tangency of said curve with Alignment `B", said point of tangency being previously described as Point "D" and containing 0.032 acres of land, more or less. TRACT 2 a OF�61MATUMONT KEITH ROAD 9,LN-VA-CANAI. VOL 94L PC,a 160 mg,ic I u lD _ ————— I y� I N 00'10'19-E 2967.15' N 00 10'19•E 342S,43' ALIGNMENT"A" I R' I Q I c4 UNE DATA �i CURVE DATA I �4 I L.° I LI NODp4'43"W 334.84' Cl RRAACDIUSSNC 7s.o; C7 RADIUS 4700.0ag.'g00E' L———— L2 N00'04'4J•W 90.00' ap90 BEANWC N38�44�a9E �04a8' L3 58936'21-W 31.00' DELTA TN 96�' £ L4 N002724•W 139.97' 79'30.23• DELTA 1603'51' LS N00'109J"w 352.11' C2 R 400. CS RADIUS IOO,Op N 00' 4318'45"N JEFFERSON COUNTY DRAINAGE ALIONMENT"A" Le N00W23•E 170a.22' pip CTH 77. ARC"( TIN N%� 436.43' L7 N71*J9'S4•E 300.46' &T,\ 11.0 J2" arr.— e8.}p0.6p�' ( FILM CODEDIOJ-L06-23aJ.R,P.R.J.C. ��TM N�R77 DELTA 62'026' FILM CODE 103-06-2396,R.P.R.J.C. L8 NN37'33•W 2360.96' I (CALLED 209.07 ACRES) (/ L9 50090'19"W 2721.76' C3 R 66. Ip077p077.00¢;� C9 R U _t QQ9p AI.IGIV MFNT"A" / Lill Nee'40'OS•E 2296.41' QM�aEARWC X3831'39$4 X71 AT U L11 N113➢'S4'E 45.49' pE1,T,{ " 101'S7'Z7' DEC/LT TM 3164,aeYYYP g Z L72 N0310956'W 24.27' Y C4 RADIUS 80.00' CIO RADIU 1Q RNACT 1 LiJ NOJ03'66•W 8L91' ARC LENGTH 15. 3#ROW ro L14 NOOwY22•w 3100.19 QQ1� G 545DiZ3�� ��LEN07H Q47,,6,, y zI QTY as BEAIAgNT U6 Lis Na2VB O3� 17s.z7' (�})( N.T.EN 6937 CH 6777.4 ME � pp a DELTA 24'4125' L16 N8939'30� 370.31' ( L POINT'A' "� 4v L77 5651e'46"E 28.40' CS ARCR %G. 1 00.0' CI1 RAR U IN 50.000y', N �) J lNT'C' �: = LIB SN'57'33•E 64.04' C 54573♦j66� CH NINC 43 l' p I Is v 91!30 r4- 60' Q DELTA 930023 0 0 Z EI u POINT'13' cJ .ALT "C" m �NCrN �s.o' 0 Q t l Ls 471 PO 'D' BEARING na4'1O(tie70 (-——————————— Ld �I L7 - BRDIISSANiR05P/RbI�S1�A 9a 8o41PAR71noN TA lDicrH e59'6 a• I a = YI u1 C7 CL al C7 u2 Lta gNpj,GFlSE 20 3027E399 I x POINT OF GINNING LdICI LE PROPERTIES,LTD.QUITCLAIM p I ---(l, Le TO 0 0 R.PCALLEO 200200 003030222 R i FUTURE 20.0 ACRE TRACT I u 14 Po EVT ACRES 0/ 1 I c I ALIGNMENT'"A" Li •" u L7 .ALIGNMENT"C" ALIGNMENT"B" I ---_—_ —_—j------�---- , I N89150.033-E SOY 02'22•E�-3425.43' 259,18' S 00'17"24"W-2857.90' POINT'E' FONT'D' us 1891.46' X6.33, LI4 S 00'02'22"E-3425.43' Go N 00'02'22•N- 1316.51' C9 COMMENCING POINT E JEFFERSON NO S 00'02'j2"E DRAINAGE DISTRICT NO.6 I /Y'slm Rao 569.0 EVANGELINE MEADOW-UNIT IV 0.P,R.J.C.FILM FILE 103-43-0139 LIB EASEMENT JEFFERSON COUNTY J.C.M.R.VOL.14,Pc.296 CN1ED 162.89 ACRES DRAINAGE DISTRICT NO,6 I R.P.R.J.C.FILM FILE 103-08-2472 JEFFERSON COUNTY DRAINAGE BUCKNER BAPTIST BENEVOLENCES CALLED 11.80 ACRES(15p'WDE) ALIGNMENT"B" DISTRICT NO.6 J.C.DR.VOL 1960, PART OF THE RESIDUA.OF 635 ACRES CLERKS FILE NO.200203034,OP.R.R.P.J.C. PAGES 26-33,36-40,43-65 DESCRIBED IN VOL.177,PC.620 I (CALLED 56.974 ACRES) a5.974 ACRES ACRES)(CALLED 86.9515 300,000 ACRES REMAINING / EVANGELVO MEADOW-UNIT M J.L.N.R,VOL 14,PC.110 U6 Z CIO NA 4 L17 4 October 9, 2007 Consider approving a one year contract with the Art Museum of Southeast Texas City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer,, A,c �,fj MEETING DATE: October 9, 2007 REQUESTED ACTION: Council consider authorizing a one year contract with the Art Museum of Southeast Texas in the amount of$188,000. RECOMMENDATION The Administration recommends funding the Art Museum of Southeast Texas(AMSET) $188,000 for FY 2008 from Hotel Occupancy Tax and General Funds. BACKGROUND The City of Beaumont (City) and AMSET entered into a lease agreement on December 30, 1986 whereby the City and AMSET agreed to a 99-year lease on the land and building to be used as an art museum. The City supports AMSET with annual allocations and garbage removal. In return AMSET is open to the general public and strives to provide programs and services to the entire community. Approximately 60,000 children and adults participate in Art Museum activities each year. The City may utilize a.portion of its revenue derived from the hotel-motel occupancy tax to promote the arts. BUDGETARY IMPACT Funds are available in the FY 2008 budget with $63,000 funded through the Hotel Occupancy Tax Fund and $125,000 funded by the General Fund. 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 one-year contract, substantially in the form attached hereto as Exhibit "A," between the Art Museum of Southeast Texas (AMSET) and the City of Beaumont in the amount of$188,000 for FY08. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of October, 2007. - Mayor Becky Ames - AGREEMENT FOR THE OPERATION OF AN ART MUSEUM WHEREAS, the Art Museum of Southeast Texas, a Texas non-profit corporation, hereinafter referred to as "Museum", and the City of Beaumont, a municipal corporation of the State of Texas, hereinafter referred to as "City", agree as follows: 1. City hereby hires and engages Museum to operate an art museum open to the public on the premises leased from the City and described in the lease between the parties dated December 30, 1986 and made a part hereof for all purposes(herein"the premises"). Museum agrees to accept such hiring and hereby agrees to operate such art museum. 2. This agreement shall be for a term of one year commencing October 1, 2007. The City agrees to pay museum the sum of Forty-Seven Thousand Dollars ($47,000) per quarter. Of the total annual sum of One-Hundred Eighty-Eight Thousand ($188,000) Dollars, Sixty-Three Thousand ($63,000) Dollars will be derived from the Hotel Occupancy Tax authorized by Tax Code Section 351.001 et.seq. which requires that such funds be expended for arts and historical events or projects that directly enhance and promote tourism and the convention and hotel industry. 3. Expenditure of the Sixty-Three Thousand ($63,000) Dollars from Hotel Occupancy Tax (HOT) funds shall be related to the purposes established by Tax Code Section 351.101(a)(4). EXHIBIT "A" 4. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of the Museum will attend the seminar. 5. The Museum shall submit quarterly reports in the format provided by the City reflecting the activities of Museum as they relate to the HOT funds authorized in this contract. 6. City or Museum may terminate this Agreement for cause if either party defaults in the performance of any covenant or condition of this Agreement. Prior to such termination City or Museum must provide the other party with written notice of such default and if the party does not cure the default within fifteen (15) days after the giving of notice the party giving such notice may terminate the Agreement by written notice. 7. City shall allow Museum and its employees, volunteers, patrons and guests to use fifty (50) designated parking spaces in the City owned parking lot lying directly to the east across Main Street from the premises during periods of use of the premises. Otherwise such spaces may be used for City's Civic Center and theater event parking. In addition, the City shall provide free parking for buses transporting school children to the art museum. G:\CG\AGREEMEN\ART MUSEUM-FY 08.wpd Said parking places to be as available and as directed by the City's Civic Center director at a site convenient to the Museum. Parking spaces on the premises shall be available for City's use during periods when the premises are not in actual use. IN WITNESS, WHEREOF City and Museum have executed or caused to be executed by their authorized officers or agents this Agreement on the day of , 2007. CITY OF BEAUMONT ART MUSEUM OF SOUTHEAST TEXAS By: By. Kyle Hayes Name: City Manager Title: ATTEST: ATTEST: By: By: City Clerk Name: Title: G1CGWGREEMENWRT MUSEUM-FY 08.wpd 5 October 9, 2007 Consider approving a one year contract with the Southeast Texas Arts Council (SETAC) I `4004or' City Council Agenda Item A . , c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer r� MEETING DATE: October 9, 2007 REQUESTED ACTION: Council consider authorizing a one year contract with the Southeast Texas Arts Council (SETAC) in the amount of $105,000. RECOMMENDATION The Administration recommends funding the Southeast Texas Arts Council $105,000 for FY 2008 from the Hotel Occupancy Tax Fund. BACKGROUND The City is entitled to utilize revenues derived from the hotel-motel occupancy tax to promote the arts. The City contracts with SETAC to utilize 75% of its contract payment for production of the magazine "Off Ramp" highlighting local events and"Tear Off' Attraction Maps for distribution to hotels, as well as other programs and exhibitions that bring artists to the area and promote the rich musical heritage of the area . The remaining 25% is used for operating expenses. BUDGETARY IMPACT Funds are available in the Hotel Occupancy Tax Fund. 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 one-year contract, substantially in the form attached hereto as Exhibit"A," between the Southeast Texas Arts Council (SETAC) and the City of Beaumont in the amount of $105,000 for FY08. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of October, 2007. - Mayor Becky Ames - THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Southeast Texas Arts Council, a Texas non-profit corporation, herein called "Council', is as follows: WITNESSETH WHEREAS, V.T.C.A. Tax Code Section 351.001 et.seq., authorizes the City to use revenue derived from its hotel occupancy tax "for general promotional and tourist advertising of the city and its vicinity and conducting a solicitation and operating program to attract conventions and visitors, either by the City or through contracts with persons or organizations selected by the City; and, WHEREAS,V.T.C.A.Tax Code Section 351.101(a)(4), authorizes the City to use a limited portion of the revenue derived from its hotel occupancy tax for the encouragement,promotion, improvement and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution and exhibition of these major art forms; and, for projects that directly enhance and promote tourism and the convention industry. GAMAGREEMEWSETEXASARTS FY 08.wpd 1 / 4 EXHIBIT "A" WHEREAS, the Southeast Texas Arts Council is the proper organization to provide assistance in the responsible distribution of public funds for support of the arts in Beaumont; Now, Therefore, the City and the Council agree as follows: 1. The payment of the total amount of One-Hundred Five-Thousand ($105,000) Dollars by City to Council will be made from funds as available and as collected from the Hotel Occupancy Tax. Payments of Eight-Thousand Seven-Hundred and Fifty Dollars ($8,750) will be made monthly commencing October 1, 2007. Any funds not expended for the projects and purposes approved will be retained by the Council to be reallocated for similar arts purposes by approval of the City. 2. All expenditure of funds from the Hotel Occupancy Tax shall be reasonably related to the purposes established by V.T.C.A. Tax Code 351.101(a)(4). 3. The Council is an independent contractor and is not an officer, agent or employee of the City. 4. The Council shall submit quarterly reports in the format provided by the City reflecting the activities of the Council as they relate to this contract. The Council shall submit such reports quarterly commencing January 19, 2008. 5. The City Manager or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the Council. 6. It is understood and agreed that either party may terminate this contract by giving to the other party notice in writing of said termination thirty (30) days in advance. GAMAGREEMEN\SETEXASARTS FY 08.wpd 2 / 4 7. Upon termination of this agreement, unless it be renewed, the Council shall deliver to the City all funds paid under this contract that it may have and all removable personable property that may have been purchased with funds derived from said tax. 8. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of the Council will attend the seminar. 9. Council agrees to indemnify, save harmless, and defend the City of Beaumont from any and all claims, causes of action and damages of every kind arising from the operations of Council, its officers, agents and employees, including the officers, agents, and employees involved in museum operation and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms of this agreement. GAMAGREEMEMSETEXASARTS FY 08.wpd 3/ 4 EXECUTED this the day of , 2007. CITY OF BEAUMONT By: Kyle Hayes City Manager ATTEST: By: City Clerk SOUTHEAST TEXAS ARTS COUNCIL By: Name: Title: ATTEST: By: Name: Title: G:\CG\AGREEMEN\SETEXASARTS FY 08.wpd 4 / 4 6 October 9, 2007 Consider approving a one year contract with the Texas Energy Museum oco"d City Council Agenda Item c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer t MEETING DATE: October 9, 2007 REQUESTED ACTION: Council consider approving a one year contract with the Texas Energy Museum in the amount of$95,000. RECOMMENDATION The Administration recommends funding the Texas Energy Museum, $95,000,for FY 2008 from the Hotel Occupancy Tax Fund. BACKGROUND The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic preservation and the promotion of tourism. The Texas Energy Museum meets the above criteria by highlighting the history, along with current developments, of the oil industry in the Southeast Texas region. BUDGETARY IMPACT Funds are available in the Hotel Occupancy Tax Fund. 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 one-year contract, substantially in the form attached hereto as Exhibit "A," between the Texas Energy Museum and the City of Beaumont in the amount of $95,000 for FY08. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of October, 2007. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Texas Energy Museum, herein called "TEM", is as follows: WITNESSETH: WHEREAS,V.T.C.A.,Tax Code Section 351.001 et.seq., authorizes the Cityto levy by ordinance, a hotel tax which may not exceed seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(5), authorizes the City to use a portion of the revenues derived from its hotel occupancy tax for historical restoration and preservation projects or activities or advertising and conducting solicitation and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums at or in the immediate vicinity of convention center facilities or located elsewhere in the municipality or its vicinity that would be frequented by tourists; and, for projects that directly enhance and promote tourism and convention activities. WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the City desires to provide financial assistance to TEM. NOW, THEREFORE, the City and TEM agree as follows: 1. City agrees to pay to TEM the amount of Ninety-Five Thousand ($95,000) Dollars. The payment provided for herein will be made quarterly in the amount of Twenty- Three Thousand Seven-Hundred ($23,750) Dollars per quarter commencing October 1, 2007 from funds as available and collected from the hotel occupancy tax. G:\CG\AGREEMEN\TX ENGERGY MU FY 08.wp<i EXHIBIT "A" Any funds not expended by TEM will be retained by TEM to be reallocated for similar purposes by approval of City. 2. All expenditure of funds shall be reasonably related to the purposes established by V.T.C.A. Tax Code Section 351.101(a)(5). 3. The TEM is an independent contractor and is not an officer, agent or employee of the City. 4. In return for the payments provided for herein, TEM agrees to operate for the period October 1, 2007 to September 30, 2008. 5. The TEM shall submit quarterly reports in the format provided by the City reflecting the activities of TEM as they relate to this contract. The TEM shall submit such reports quarterly commencing January 19, 2008. 6. The City Manager of City or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the TEM. 7. Upon termination of this agreement or any extension thereof, unless it be renewed, the TEM shall deliver to the City all funds paid under this contract that it may have and all removable personal property that may have been purchased with funds derived from said tax. 8. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of TEM will attend the seminar. G:\CG\AGREEMEN\TX ENGERGY MU FY 08.wpd 9. TEM agrees to indemnify, save harmless, and defend the City of Beaumont from any and all claims, causes of action and damages of every kind arising from the operations of TEM, its officers, agents and employees, including the officers, agents, and employees involved in TEM operation and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms of this agreement. EXECUTED this the day of 2007. CITY OF BEAUMONT By: Kyle Hayes City Manager ATTEST: By: City Clerk TEXAS ENERGY MUSEUM, INC. By: Name: Title: ATTEST: By: Name: Title: G:\CGWGREEMEN\TX ENGERGY MU FY 08.wpd 7 October 9, 2007 Consider approving a one year contract with BUILD, Inc., Beaumont Main Street for downtown economic development purposes t1713jwFjj City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer `n� ZZ, MEETING DATE: October 9, 2007 REQUESTED ACTION: Council consider approving a one year contract with BUILD, Inc., Beaumont Main Street in the amount of $75,000 for downtown economic development purposes. RECOMMENDATION The Administration recommends funding BUILD,Inc.,Beaumont Main Street$75,000 for FY 2008 from the General Fund. BACKGROUND The Beaumont Main Street program has established a partnership between public and private sectors that is dedicated to the revitalization of Beaumont's historic Central Business District. The annual contribution from the City will be matched with other local funds and used to promote downtown business development and retention. BUDGETARY IMPACT Funds are available in the General Fund. 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 one-year contract, substantially in the form attached hereto as Exhibit"A," between BUILD, Inc., and the City of Beaumont in the amount of$75,000 for FY08. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of October, 2007. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § This agreement is made and entered into by and between the City of Beaumont, Texas, a municipal corporation of the State of Texas, hereinafter called "City", acting herein by and through its duly authorized City Manager, and BUILD, Inc., Beaumont Main Street, a non-profit corporation, hereinafter called "BUILD", acting herein by and through its President. WHEREAS, the City believes that economic development and downtown revitalization are crucial to the continued economic success of City and believes that BUILD should be retained to carry out a program of work on behalf of City to accomplish these goals; NOW, THEREFORE, in consideration of the mutual promises made herein,the City and BUILD agree as follows: STATEMENT OF WORK City does hereby enter into a contract with BUILD to provide a comprehensive range of plans and projects in Beaumont directed at economic development and downtown revitalization by: a) promoting the physical and social development, redevelopment and economic well being of downtown Beaumont; b) creating an environment in the downtown area which is conducive to residential, commercial, employment, recreational and cultural-artistic revitalization; C) attracting new employers; G:\CG\AGREEMEN\8U1LD--08.wpd EXHIBIT "A" d) complying with all provisions of the Contract for Services-Urban Main Street program between BUILD and the Texas Historical Commission. COMPENSATION City hereby agrees to pay to BUILD during the term of this agreement Seventy-five Thousand Dollars ($75,000)from the City's General Fund. BUILD agrees to raise at least Seventy-Five Thousand ($75,000) in additional funding from the private sector to match the City's financial commitment. DISBURSEMENT Payment to BUILD will be made on a reimbursement basis and those payments will be supported by proper verifiable documentation. RECORDS AND REPORTS Quarterly progress reports detailing the activities and accomplishments of BUILD, emphasizing compliance with the Urban Main Street Program, will be due thirty (30) days following the end of the quarter beginning with the quarter ending December 31, 2007. In addition to said quarterly reports, BUILD will also provide an annual review related specifically to the Urban Main Street Program covering the period of this agreement due on October 31, 2008. SUSPENSION AND TERMINATION The term of this agreement will be October 1, 2007, through September 30, 2008. Suspension and/or termination may occur if BUILD fails to complywith any or all provisions of this agreement or for convenience. GACG\AGREEMEN\BUILD--08.wpd ACCESSIBILITY OF RECORDS The City retains the right to inspect and/or audit the records of BUILD, Inc. as they consider necessary to assure compliance with this agreement. LOSS, DAMAGE, PERSONAL INJURY BUILD agrees to indemnify, hold harmless and defend, at its own expense, the City of Beaumont and its officers, agents, servants and employees, from and against any and all claims, causes of action and damages of every kind arising out of or in conjunction with the execution, performance attempted performance or non-performance of this contract or from the operations and actions of BUILD, Inc., its officers, agents and employees. EXECUTED in duplicate originals this the day of , 2007. CITY OF BEAUMONT By: City Manager "CITY" ATTEST: By: City Clerk BUILD, INC. BEAUMONT MAIN STREET By: President "BUILD" ATTEST: By: G:\CGIAGREEMEN58UILD--08.wpd 8 October 9, 2007 Consider approving a one year contract with the Beaumont Heritage Society/John Jay French Museum .... City Council Agenda Item qw- TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer ' MEETING DATE: October 9, 2007 REQUESTED ACTION: Council consider approving a one year contract with the Beaumont Heritage Society/John Jay French Museum in the amount of$47,000. RECOMMENDATION The Administration recommends funding the Beaumont Heritage Society/John Jay French Museum $47,000 for FY 2008 from the Hotel Occupancy Tax Fund. BACKGROUND The City is entitled to utilize revenues derived from the hotel-motel occupancy tax for historic preservation and the promotion of tourism. John J. French, an early settler in Beaumont, built the Greek Revival home which has been faithfully restored;the home contains furniture and fixtures from the mid 19`x'century and is a tourist attraction for our city. BUDGETARY IMPACT Funds are available in the Hotel Occupancy Tax Fund. 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 one-year contract, substantially in the form attached hereto as Exhibit "A," between the Beaumont Heritage Society/John Jay French Museum and the City of Beaumont in the amount of$47,000 for FY08. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of October, 2007. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Beaumont Heritage Society operating the John J. French Museum, herein called "Museum", is as follows: WITNESSETH: WHEREAS,V.T.C.A.,Tax Code Section 351.001 et.seq., authorizes the Cityto levy by ordinance, a hotel tax which may not exceed seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(5), authorizes the City to use a portion of the revenues derived from its hotel occupancy tax"for historical restoration and preservation projects or activities or advertising and conducting solicitation and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums at or in the immediate vicinity of convention center facilities or located elsewhere in the municipality or its vicinity that would be frequented by tourists; and," WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the City desires to provide financial assistance to Museum for historical restoration, preservation, and tourism in Beaumont: NOW, THEREFORE, the City and Museum agree as follows: 1. City agrees to pay to Museum the amount of Forty-Seven Thousand ($47,000) Dollars . The payment provided for herein will be made quarterly in the amount of Eleven GACGWGREEMEN\JJFRENCH FY 08.wpd 1 / 3 EXHIBIT "A" Thousand Seven Hundred and Fifty Dollars ($11,750) per quarter commencing October 1, 2007 from funds as available and collected from the hotel occupancy tax. Any funds not expended by Museum will be retained by Museum to be reallocated for similar purposes by approval of City. 2. All expenditure of funds shall be reasonably related to the purposes established by V.T.C.A. Tax Code Section 351.101(a)(5). 3. The Museum is an independent contractor and is not an officer, agent or employee of the City. 4. In return for the payments provided for herein, Museum agrees to operate for the period October 1, 2007 to September 30, 2008. 5. The Museum shall submit quarterly reports in the format provided by the City reflecting the activities of the Museum as they relate to this contract. The Museum shall submit such reports quarterly commencing January 19, 2008. 6. The City Manager of City or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the Museum. 7. Upon termination of this agreement or any extension thereof, unless it be renewed, the Museum shall deliver to the City all funds paid under this contract that it may have and all removable personal property that may have been purchased with funds derived from said tax. 8. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of the Museum will attend the seminar. G:\CG\AGREEMEN\JJFRENCH FY 08.wpd 2 / 3 EXECUTED this the day of , 2007. CITY OF BEAUMONT By: Kyle Hayes City Manager ATTEST: By: City Clerk BEAUMONT HERITAGE SOCIETY By: Name: Title: ATTEST: By: Name: Title: G:\CG\AGREEMEN\JJFRENCH FY 08.wpd 3 / 3 9 October 9, 2007 Consider approving a payment to Advanced Systems Alarm Services for the fire alarm system in the Julie Rogers Theatre City Council Agenda Item Evil TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: October 9, 2007 REQUESTED ACTION: Council approval of a payment to Advanced Systems Alarm Services. RECOMMENDATION The Administration recommends approval of a payment to Advanced Systems Alarm Services in the amount of$55,207.50. BACKGROUND The fire alarm system in the Julie Rogers Theatre was damaged by Hurricane Rita and the subsequent remediation. The system's components had to be replaced during the Theatre's renovation. The extensive fire alarm system was originally installed in 2003 at a cost or $75,000. The City currently has a contract with Advanced Systems Alarm Services for alarm monitoring and repair service. The hourly labor contract price is$65.00 per hour. The final cost of repairs including new components requires Council approval for payment. A copy of the invoice is attached for your review. BUDGETARY IMPACT Funds for this payment are included in the insurance settlement for the Julie Rogers Theatre. ADVANCED SYSTEMS F ax-auj?54v�zDu ADVANCED SYSTEMS ALARM SERVICES July 18, 2007 To: The City of Beaurnoant,Building Services Attn- Debbie From: Wayne Duerler Re: Fire Alarm Systems repairs for Julie Rogers Theater Debbie, List below is the break out of the Julie Rogers Theater fire alarm repair. 16 -Addressable Smoke Detectors @$295.00wh $4,720.00 2- Addressable Smoke Duct Detectors @$325.00each $650.00 4—Addressable Heat Detectors @S265.00each $530.00 9—Horn Strobe Units @$295.00tuh $2,655.00 3—Strobe Units @S265.00each $795.00 3—MC 101 Relay @$225.00each $675.00 3—Control Module @$285.00each $285.00 1 —Power Supply Qu$985.00each $985.00 2—Batteries @$55,00each $110.00 Fire Wire(18/2 & 16/2) $1015.00 Labor Hours—649.50 Total Equipment: $12,990.00 Total Labor: $42117.50 Total $55,207.50 Please contact our office if you have any questions. Sincerely, Wayne Duerler Vice President Advanced Systems 1,130 Lindbergh Drive, Suite C• Beawpgow, Texas 77707• Offim(409 840-2977.F !/�q) jjS I ,JQ RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the payment of an invoice in the amount of $55,207.50 to Advanced Systems Alarm Services for the repair to the fire alarm system in the Julie Rogers Theatre. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of October, 2007. - Mayor Becky Ames - to October 9, 2007 PUBLIC HEARING: Receive comments and requests relating to six month extensions for occupying FEMA or travel trailers Consider approving an ordinance allowing for a six month extension for occupying a FEMA or travel trailer at 3235 Waverly, 2280 Blanchette, 4220 Usan, 6035 Fannett, 2915 Edmonds and denying an extension at 9750 Faggard, 4189 Sullivan, 3415 Washington, 1345 Emma, 7090 Phelan City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: October 9, 2007 REQUESTED ACTION: City Council, after conducting a public hearing , consider approving an ordinance allowing for a six month extension for occupying a FEMA or travel trailer at 3235 Waverly, 2280 Blanchette, 4220 Usan, 6035 Fannett, 2915 Edmonds, 9750 Faggard, 4189 Sullivan and denying an extension at 3415 Washington, 1345 Emma, 7090 Phelan RECOMMENDATION The Administration recommends the following approvals and denials for a six month extension for occupying a FEMA or travel trailer: Approvals Denials 3235 Waverly Geraldine Cooper 3415 Washington Elwood Nixon 4220 Usan Mary Williams 1345 Emma Joe Mikesic 6035 Fannett Leo Boudreaux 7090 Phelan Wesley Owens 2915 Edmonds Marie Wiltz 9750 Faggard Tonia Champagne 4189 Sullivan Angela Howard 2280 Blanchette Roberto Torres BACKGROUND On August 21, 2007, City Council approved an ordinance allowing any homeowner that needs to occupy a travel trailer while Hurricane Rita repairs are being made to their home can do so until October 20, 2007. Anyone needing additional time to repair or rebuild their homes must apply to to City Council for a six month extension. In determining eligibility for a six month extension, an applicant must prove one of three criteria: 1. Actively working on home 2. Applied for Disaster Recovery 3. In litigation with insurance carrier. The Planning Manager recommends approval of the seven listed based upon the fact that each one met at least one of the three criteria. The Planning Manager recommends denial of Elwood Nixon's request because his house was remodeled by the Rita Recovery Program; Joe Mikesic's request because he applied for and did not qualify for the Hurricane Rita Disaster Recovery Program; and Wesley Owens' request because he did not qualify for Red Cross funding. Recommended by City Manager, Community Development Director and the Planning Manager. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE EXTENDING FOR A PERIOD OF SIX (6) MONTHS THE PARKING, USE AND OCCUPANCY OF RECREATIONAL VEHICLES OR TRAVEL TRAILERS AS TEMPORARY LIVING QUARTERS ON RESIDENTIAL PROPERTY LOCATED AT 3235 WAVERLY, 4220 USAN, 6035 FANNETT, 2915 EDMONDS, 9750 FAGGARD, 4189 SULLIVAN AND 2280 BLANCHETTE DURING THE PERIOD OF REPAIR OR RECONSTRUCTION OF DAMAGE TO PROPERTY CAUSED BY HURRICANE RITA AND DENYING SAID EXTENSION FOR PROPERTY LOCATED AT 3415 WASHINGTON, 1345 EMMA AND 7090 PHELAN; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. WHEREAS, on October 11, 2005, City Council approved Ordinance No. 05-078 allowing for a period of six (6) months the parking, use and occupancy of recreational vehicles or travel trailers as temporary housing during the period of repair or reconstruction of hurricane-damaged properties; and, WHEREAS, on April 4, 2006, City Council approved Ordinance No. 06-021 granting a six (6) month extension; and, WHEREAS, on September 25, 2006, City Council approved Ordinance No. 06-064 granting a six (6) month extension; and, WHEREAS, on August 21, 2007, City Council approved Ordinance No.07-082 granting an additional six (6) month extension to those citizens occupying FEMA or travel trailers on residential property who are able to establish that they are either actively working on repairing their homes, have applied for disaster recovery or are in litigation with insurance carriers; and WHEREAS, the following property owners have made application for an extension to occupy a FEMA trailer or travel trailer on the residential properties listed below: 3235 Waverly Geraldine Cooper 4220 Usan Mary Williams 6035 Fannett Leo Boudreaux 2915 Edmonds Marie Wiltz 9750 Faggard Tonia Champagne 4189 Sullivan Angela Howard 2280 Blanchette Roberto Torres 3415 Washington Elwood Nixon 1345 Emma Joe Mikesic 7090 Phelan Wesley Owens and, WHEREAS, the City Council has determined that it is in the best interest of the City of Beaumont to extend to certain property owners the privilege for an additional six (6) month period to allow recreational vehicles or travel trailers to be occupied on residential property as temporary housing during the period of repair or reconstruction of hurricane- damaged properties: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT it is hereby permitted for an additional period of six (6) months from the effective date of this ordinance the parking, use, and occupancy of recreational vehicles or travel trailers on residential property as temporary living quarters by property owners listed below while the damage to these properties caused by Hurricane Rita is being repaired, disaster recovery relief has been applied for or litigation with insurance companies is being pursued: 3235 Waverly Geraldine Cooper 4220 Usan Mary Williams 6035 Fannett Leo Boudreaux 2915 Edmonds Marie Wiltz 9750 Faggard Tonia Champagne 4189 Sullivan Angela Howard 2280 Blanchette Roberto Torres Section 2. THAT the property owners listed below are unable to establish that the property damaged by Hurricane Rita is being repaired, that they have applied for disaster recovery relief, or are in litigation with an insurance company and are, therefore, denied an extension for the parking, use, and occupancy of recreational vehicles or travel trailers on residential property as temporary living quarters: 3415 Washington Elwood Nixon 1345 Emma Joe Mikesic 7090 Phelan Wesley Owens Section 3. It shall be unlawful for any person to park any such recreational vehicle or travel trailer used for purposes of occupancy as temporary living quarters on any street, highway, alley, sidewalk, or other public place in the City of Beaumont. Section 4. 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 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of October, 2007. - Mayor Becky Ames - RECOMMENDING APPROVAL •r w r' .o 1. Address: 3235 Waverly Appicant: Geraldine Cooper We recommend approval for an extension as the applicant has made application to the Rita Recovery Program through United Methodist Church. 10/1/07 t a cz 7. Address: 2280 Blanchette Applicant: Roberto Torres We recommend approval of an extension as the applicant is actively working on the house. 10/1/07 III F� 2. Address: 4220 Usan Applicant: Mary Williams We recommend approval of the extension as the applicant qualifies for the Hurricane Rita Disaster Recovery Program. 10/1/07 ,.w• 'it r: F s 2 3. Address: 6035 Fannett Applicant: Leo Boudreaux We recommend approval of an extension as the applicant qualifies for the Hurricane Rita Disaster Recovery Program. 10/1/07 r x i 4. Address: 2915 Edmonds Applicant: Marie Wiltz We recommend approval of an extension as the applicant's house was condemned on 10/2/07. The children are trying to find a place for Mrs. Wiltz to stay. 10/1/07 [r 4 • A • C r r.. r- 5. Address: 9750 Faggard Applicant: Tonia Champagne We recommend approval of an extension as the applicant is actively working on the house. 10/1/07 to J h` 4 Y, h. I 6. Address: 4189 Sullivan Applicant: Angela Howard We recommend approval of an extension as the applicant qualifies for the Hurricane Rita Disaster Relief Program. 10/1/07 • RECOMMENDING • DENIAL • `� .111 q� r� N - A x..rMF 4 '4ir'`i Lr 1. Address: 3415 Washington Applicant: Elwood Nixon We recommend denial of an extension as the applicant's home was remodeled in March, 2007 by the Rita Recovery Program. 10/1/07 i r ark 2. Address: 1345 Emma Applicant: Joe Mikesic We recommend denial of an extension as the applicant did not qualify for the Hurricane Rita Disaster Recovery Program. 10/1/07 t s; i 3. Address: 7090 Phelan Applicant: Wesley Owens We recoinmend denial of an extension as the applicant did not qualify for the Red Cross funding he applied for and did not apply for the Hurricane Rita Disaster Recovery Program. 10/1/07