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HomeMy WebLinkAboutPACKET MAY 18 2010 RICH WITH OPPORTUNITY BEA,UMON* T • E • B • A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 18, 2010 1:30 P.M. CONSENT AGENDA * Approval of minutes-May 11,2010 * Confirmation of committee appointments Carol Dixon would be reappointed to the Convention and Tourism Advisory Board. The current term would expire March 1,2012. (Councilmember Jamie Smith) A) Authorize the City Manager to apply for and accept grant funding to rehabilitate the Maurine Gray Literacy Depot B) Authorize the granting of a Pipeline License Agreement to cross John's Gully within the City of Beaumont limits C) Authorize the acceptance of a Water Line Easement to provide water services for the Beaumont Graeelake Townhomes D) Authorize the settlement of the lawsuit styled Brandon Pickard vs. City of Beaumont Texas, et al A RICH WITH OPPORTUNITY BEAUMON* T • E '• x • A • s Ci Council Agenda Item ty TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Claudie D. Hawkins, Director of Event Facilities&Libraries MEETING DATE: May 18, 2010 REQUESTED ACTION: Council consider authorizing City Manager to apply for and accept grant funding though The Private Client Group of Capitol One. RECOMMENDATION Administration recommends authorizing the City Manager to submit applications and to accept grant funds through The Private Client Group of Capitol One. BACKGROUND The Private Client Group of Capital One, National Association has been entrusted with the responsibility of managing the below listed Charitable Foundations for the benefit of our local area, its citizens,and charitable organizations: The H.E. &Kate Dishman Charitable Foundations Trust, The Eva Dujay Foundation, The Marianella and Roy Permenter Charitable Trust and The B.A. & Elinor Steinhagen Benevolent Trust. The grant program is administered by Capitol One Bank, Beaumont, Texas. Funds are available for charitable purposes and typically fall within the areas of the arts, civic activities,educational/vocational training,health,and services for the disadvantaged. There are no formal restrictions as to the type of requests being considered, whether programming, project or capital improvement in nature. Grant request is being made in the amount of$35,000.00. If approved, the grant will be used for rehabilitation of The Maurine Gray Literacy Depot and the upgrades will result in the highest degree of energy efficiency possible for the structure. BUDGETARYIMPACT The grant does not require any matching funds from the City of Beaumont. M Bank Charitable Trusts/Foundations P. O. Box 3928 Beaumont, Texas 77704-3928 The Private Client Group of Capital One, National Association (herein referred to as "Bank" or 'Trustee") has been entrusted with the responsibility of managing the below listed Charitable Foundations for the benefit of our local area, its citizens and charitable organizations. We look upon this as an opportunity to perpetuate the love, care and concern which the individuals establishing these funds have had for their community and for their fellowman, and to continue the contributions which they made during their lifetimes in their honor. Your application for a grant will be considered under all of the listed foundations, with possible funding coming from one or more, at the bank's discretion. If you would like to receive consideration from a specific foundation,you may so designate in the appropriate space provided. The purpose of this Unified Application Form and our review thereof, is to avoid the necessity of you applying separately for grants from each foundation. This unified process allows us to give more comprehensive consideration of your request from all funds which we have available at one time each year. PARTICIPATING FOUNDATIONS THE H. E. & KATE DISHMAN CHARITABLE FOUNDATION TRUST In the fall of 1985, H.E. and Kate Dishman established a charitable foundation to benefit the charitable organizations of Southeast Texas. The income from this foundation is available to benefit the following needs in our area: arts, community services, education, health care, and services for the disadvantaged. The Dishmans have had a long history of charitable giving in Southeast Texas and this wonderful tradition has been continued through the Foundation. THE EVA DUJAY FOUNDATION During her lifetime, Eva Dujay was known as a generous and caring person. The Mary Harold Medical Fund, created under her Will, allows distributions for medical needs in our community. Since 1994, this Foundation has been available to support these needs. THE MARIANELLA AND ROY PERMENTER CHARITABLE TRUST This Trust was created in 2000 under the Will of Marianella Permenter. It provides for the support,aid, health, comfort, and maintenance and for the poor and needy of Jefferson County. THE B.A.& ELINOR STEINHAGEN BENEVOLENT TRUST Since its creation in 1939, the B. A. & Elinor Steinhagen Benevolent Trust has provided a wide variety of charitable services to disadvantaged individuals in our area. Some of the benefits made available in the past 60 years include medical and hospital assistance, housing for the aged, helpless and afflicted, and aid for helpless, indigent children. GENERAL GUIDELINES The following guidelines and comments are provided to assist applicants in the preparation of their grant requests and to provide some insight as to the manner in which grants are considered. I. Applicants should use the attached pre-printed form, or follow the same format if reproduced on a word processor. Grant reacts should be received by the Private Client Group of QgM One, National,Association by May 31 in order to assure consideration along with all other applications received during the year. 2. Applicants must have received tax exemption as a 501(c)(3) charitable organization prior to making application and must attach a copy of the IRS exemption letter to the grant request form. Grants may not be made to individuals. 3. The Affidavit at the end of this packet must be signed, notarized and attached to the application. 4. Funds available for charitable purposes typically fall within the areas of (1) the arts, (2) civic activities, (3) educational/vocational training, (4) health, and (5) services for the disadvantaged. Support for the arts and humanities and historical preservation will usually be made by the foundations through a direct grant to the Southeast Texas Arts Council for designation by that organization through its internal grant process. 5. There are no formal restrictions as to the types of requests being considered, whether programming, project or capital improvement in nature. There are never enough funds available to meet the many worthwhile requests submitted for consideration. In order to meet as many of these needs as possible within the community, and to encourage organizations to expand their permanent services without becoming dependent upon the foundation, the Trustee prefers to move its support among various charities from time to time, and not to become a continuous supporter of any organization. There is a general policy against the funding of positions, salaries or other continuing operational expenses that would subject the organization to becoming dependent upon continued foundation support. No funds will be provided for student loans, scholarships or fellowships for individual students, grants for endowment funds, annual fundraisers or annual operating budgets. 6. These guidelines are general in nature, with the Trustee presuming that it will make exceptions and changes in any and all of these areas, within its own discretion, as it may from time to time deem appropriate. 7. Organizations may occasionally be requested to present a personal report to the Trustee on the use of prior grants or for presentation of a grant under consideration. This will be done on an "invitation only" basis. No organization will have the right to such an interview unless in response to a unilateral request made by the bank. 8. All decisions relating to applications and grant awards are made by the Trust Administrative Committee of Capital One, National Association. This committee is composed of officers employed by the bank's Trust Division. All decisions are made by this Committee without control from bank directors, advisory directors, private citizens, contributors, or members of a contributor's family. 9. It is the Trustee's practice to notify all applicants of the decision concerning their requests. This usually occurs in August. 10. A report must be submitted upon completion of the program/project as described in the grant application or at least annually if the funds are not utilized in the time specified. Future grant requests will not be considered unless the appropriate reports have been received. 3 GRANT APPLICATION I. Organization Information A. Name: Maurine Gray Literacy Depot B. Executive Director: Paul Eddy, Library Administrator C. Grant Writer/Contact Person: Barbara Beard D. Mailing Address: 1205 Franklin Beaumont, TX 77701 F. Street Address (If Different)_—NM�_��_��__���_____ G. Phone Number: 409-835-7924 H. Email Address: bbeard @ci.beaumont.tx.us I. Website Address: www.beaumontlibrary.org J. Tax ID Number: 746000278 K. Attach IRS Determination Letter verifying tax-exempt status. The City of Beaumont is a government entity exempt from all taxes. I1. Request Information A. Amount of Request: $ 35,000 and Date Needed: Sept. 1 , 2010 B. Title of Request: Rehabilitation of The Maurine Gray Literacy Depot, a Historical Cultural Landmark of the City of Beaumont. C. Brief Description, Including Statement of Need: The Maurine Gray Literacy Depot has experienced a great deal of traffic in the last ten years. Normal wear and tear of the building coupled with the foot traffic, plus the effects of three hurricanes have taken a toll on the interior and exterior of the building. Specifically, the wooden floors are splintering, have large gaps and holes, and are actually unstable in several places. The boards are bending when weight is applied in a number of areas of the building. The roof of the building is 18 years old and has been subjected to high winds from Hurricanes Rita, Gustav, and Ike. The exterior doors of the building are oversized due to the building's historical status and design. They are constructed of cypress and must be replaced by doors of similar quality. The doors have worn to the point of having cracks large enough to allow sunlight in. The building houses the administrative and instructional space of a very successful adult literacy program that has been part of Beaumont Public Library System for over twenty years. Maintaining the historical and architectural integrity of the building is important to the City of Beaumont, but the City also seeks to improve the energy efficiency of the building. Toward that end, the City will be working with Entergy to insure the upgrades result in the highest degree of energy efficiency possible for the structure. D. Name and Qualifications of the Person Responsible for this Program/Project: Brenda Beadle, Capital Projects Manager for the City of Beaumont will oversee the project. E. Number of People Served by this Request: 1 ,900 annually i F. Other Entities Being Asked for Funding: The Meadows Foundation G. Attach Project Budget (Income and Expenses) and Timeline. H. Describe Plans to Evaluate the Program/Project: The project will be monitored closely by the City of Beaumont's Capital Projects Manager Brenda Beadle to insure the funds are utilized in the most efficient manner possible. III. Organizational History and Structure A. Mission of the Organization: To provide adult literacy services, Including GED preparation, citizenship test preparation, and English as a Second Language Instruction to Beaumont's diverse population. B. Brief History of the Organization and its Achievements: Maurine Gray, the former director of Beaumont Public Library, had a vision for providing basic literacy to adult citizens of Beaumont through the public library system. Her vision became a reality when the program began as a department within the downtown 5 branch of the.Beaumont Public Library in 1989. Very quickly it became evident that there was a need for English as a Second Language (ESL) instruction as a growing number of Hispanics were moving into the area. The ESL population grew to become a majority of the student population being served and remains so today. In 2000, GED preparation instruction and citizenship test preparation were added as services. In 1997, the program outgrew its small room in the basement of the downtown branch and moved to its existing facility, a 150 year old building that once served as a Kansas City Southern Railroad Depot in downtown Beaumont. The renovation of an old railroad dining car was completed in January 2009, which added much needed instructional space to the main building. This addition can accommodate up to 20 students at a time. The Depot has served more than 1 100 ESL students in classroom and small group settings. Sixty-five people have obtained their GED, and thirty-two have passed the citizenship test as a result of instruction they have received from us. More than 1900 people visited the Depot in 2009. All of this service to the community has been accomplished with minimal staff and a core group of fifteen dedicated volunteers. C. Description of Existing Services: The Maurine Gray Literacy Depot serves regional residents by providing basic literacy instruction, English as a Second Language Instruction, GED instruction, and citizenship test preparation. D. Objective (Next 3-5 Years): To maintain the Depot's strong history of service to the community and to diversify our programs to meet the needs of our clients. The 2010 Census is expected to indicate that 50,000 Hispanics reside in Jefferson County. We expect the demand for English as a Second Language, Citizenship preparation, and GED instruction to rise as a result of this demographic. We also hope to cooperate on various projects with the Catholic Diocese of Beaumont and with Lamar University's Continuing Education Department which is now located in the basement of the Main Library. 6 E. Geographic Area and Population Served: Many of our clients live in the Avenues area, a primarily Hispanic area of Beaumont, but they also come from other regional counties as well. With only a few exceptions, every client who walks in our door is from a low to moderate income situation. Many are struggling with a plethora of personal challenges, making advancement in their studies all the more remarkable. F. Organizations Offering Same or Similar Services: English as a Second language classes are offered by a few of the churches in town. Beaumont Independent School District offers GED study classes in several locations, but follows a different model than we do. Additionally, a GED program has just begun within the auspices of the Regional Planning Commission; however to qualify to participate in this program, applicants must have or be affected by substance abuse. We frequently have clients cross over to our program from a BISD class in order to get more individualized instruction. G. Specific Foundation Preferred (If applicable) H. List Major Grant and Gift Sources: The Maurine Gray Literacy Depot has been the recipient of several major grants over the years. In the late 1990's, the Depot was part of a consortium, the Joint Education Project, that received a major grant from the Meadows Foundation. A grant from the Meadows Foundation as well as grants from the Mamie McFaddin Ward Foundation, and the H.E. and Kate Dishman Foundation were used to restore an old railroad dining car donated by Kansas City Southern. The dining car was added to the main building with a covered walkway as additional instructional space. We have received smaller grants and in-kind donations from TOTAL, Rotary, and the Houston Area Library System. I. Current Number of Staff and Volunteers: 1 full time and 3 part time staff and 15 volunteers. J. Organization Officers: N/A President/Ch'airman: N/A Treasurer: N/A 7 Others: N/A K. Board: There is no board; however an Advisory Council was formed to comply with affiliation requirements of ProLiteracy, our national affiliate. L. Attach Current Year Operating Budget and Year to Date Financial Statements. The Maurine Gray Literacy Depot is a branch of the Beaumont Public Library System. We receive a small materials budget each year, and depend on grants and donations for items above what the City of Beaumont is able to provide. The City owns the building, pays the utilities, and pays the salary for one full time person and 3 part time people. We depend heavily on the in-kind donations of our volunteers' time. Last year, 4,479 hours were volunteered for an in-kind donation of $93,163 at $20.80/hour as published by the Independent Sector. M. Attach Most Recent Audited Financial Statements, if available. 8 AFFIDAVIT I, the undersigned, state and affirm that all of the above statements and information are true and correct. Further, I hereby declare that the organization for which this application is filed, is a charitable organization as defined under 501(c)(3) and/or related sections of the Internal Revenue Code, and does not discriminate in any manner on the basis of race, color, religion, sex, national origin or on the basis of age. Signature of Affiant NOTARIZATION: I, the below signed Notary, in and for the State of , County of ' do hereby acknowledge that , the above signed Affiant, did sign and publish the above Affidavit before me, on this day of , 20 , affirming the correctness and validity of the statements made in the application to which the Affidavit is attached. NOTARY My Commission Expires: day of , 20 ■ASIAN ■AFRICAN AMERICAN O CAUCASIAN ■HISPANIC ■UNKNOWN 2% 10% 9% 6% 73'961 i 17% 3% 3796 ■1&19 3'Xi ■38-29 3% 030.39 ■40-49 ■W59 �68-69 9% ■70+ ■UNKNOWN 13'X. 25% AON J-30 JAMS SaV 9w RUM AVW I" gm mu mvr 0 001 8 t R . ; 051 oiz y T x �r Ma AOx L30 J"S aV AW MM A" II" MM Seri mvr vE_ 0 MM oolp 00 4 yC - ® 0001 x� oozI a nox J30 JAUs Wnd W 3" AVN a" xvw m Kvr 0 _ oz ot 0*40 0 � F `MR 3. ;. 77 7777 OOI . N.F 'Y+ d ' e �� i �, Va tF✓ f .'C a tE Ai 4i MiA 09T Al 091 :00-ha nox 130 J N DOW % r wit wmi xad irm gnui xvvr OOZ TAITS 7171 --1 ,$ k. OOti �M8 `0a■ - - - -.. word oil!A v NO"Its Oil e Y $. c mss. da , ., ''� a t '" : OOZIY; 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 apply for and receive grant funds in an amount up to $35,000.00 through The Private Client Group of Capital One, National Association, to be used for the rehabilitation of The Maurine Gray Literacy Depot. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of May, 2010. - Mayor Becky Ames - B RICH WITH OPPORTUNITY BEA,UMON* T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: May 18, 2010 REQUESTED ACTION: Council consider authorizing the granting of a Pipeline License Agreement within City of Beaumont limits. RECOMMENDATION The Administration recommends authorization to grant a Pipeline License Agreement to cross John's Gully within City of Beaumont limits. BACKGROUND TE Products Pipeline Company, LLC (TEPPCO) has requested permission to install a 12" (twelve inch) pipeline within the city limits of Beaumont. The pipeline is for the purpose of transporting oil, gas, water or their refined products from TEPPCO's tank farm in southeast Beaumont across John's Gully, east of West Cardinal Drive, and will be constructed in accordance with City requirements. BUDGETARY IMPACT There is a one-time fee of$500 for the Pipeline License Agreement. engteppco2-ib 11 May 2010 ♦ 5 ` CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: TE Products Pipeline Company,LLC Business Phone: (713)803-2556 Business Address: C/O Paul Lair, Box 4324:Houston,TX 77210 The City of Beaumont,hereinafter called"City", for and in consideration of the sum specified herein $500.00 hereby grants to TE Products Pipeline Company,LLC hereinafter called"Licensee",the license to lay,maintain,operate,replace,or remove a pipeline for the transportation of oil,gas, water,or their products,on or across the following property situated in the City of Beaumont, Jefferson County,Texas,and being more particularly described in Exhibit"A"attached hereto and made a part hereof for all purposes. Street Name or R.O.W. Description Length (Linear Feet) The proposed 12" Pipeline is within the city limits of Beaumont. No City of Beaumont ROW's are crossed. 1 COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: ° License Agreement fee-$500.00 ° Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31,2011 and shall be reset every ten (10)years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees,including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement(see page 8). GENERAL CONDITIONS: Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. ° All pipelines crossing public rights-of-way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. ° The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. 2 The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines,or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. Operations along roadways shall be performed in such a manner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. ° Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City(Public Works Department)in advance. ° Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is 3 not owned by the City of Beaumont. Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity,then documentation regarding such will be provided to the City of Beaumont. ° Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. A map showing the location of the proposed pipeline shall be provided. (1"=2,000' City of Beaumont map or United States Geological Survey Map) ° The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. ° The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. ° The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. ° Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) 4 ° Installation will be done in accordance with all City standards and statutes of the State of Texas. REQUIRED COVERAGE: ° Licensee shall furnish the City with a Certificate of Standard Liability Insurance,including bodily injuries and property damage,naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. ° Licensee shall have in force with the City a surety bond in the principal amount of$1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled,altered,or otherwise modified without giving fifteen(15)days prior written notice to the City. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the pipeline. ° Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in 5 connection with the performance of any work or repairs that may be done upon the property mentioned herein: Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.: ° City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W.involved with this Iicense will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight(48)hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number,or charges to such number,will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. City reserves the right to lay, and to permit to be laid,sewer, gas,water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's 6 facilities. ° Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto,such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided,however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City,make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of-way. NOTIFICATION/INSPECTION: ° Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. ° Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: Nonassignable This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of,and the reason for, termination. Such notice shall be given not less than thirty(30)days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee:TE Products Pipeline Company,LLC P.O. Box 3827 Beaumont,Texas 77704 Address of Licensee: C/O Paul Lair; P.O. Box 4324 Attn: City Manager City and State of Licensee: Houston,TX 77210-4324 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 8 Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont,Texas,has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 CITY OF BEAUMONT, TEXAS By: Kyle Hayes,City Manager ATTEST: City Clerk APPLICANT'S COMPANY NAME: (Licensee) TE Products Pipeline Company,LLC Paul Lair Attomey In Fact Title ATTEST: By: Secretary \pipelines\\pipeline_license agree 9 Revised 12-14-2007 PIPELINE DATA 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: TE PRODUCTS PIPELINE COMPANY,LLC P.O.BOX 4324 ATTN:MR PAUL LAIR 1.2 PIPELINE NAME: 12"PIPELINE TO TEPPCO BEAUMONT FACILITY JEFFERSON COUNTY,TEXAS 1.3 PRODUCT: 12"BUTANE 1.4 PROPOSED CONSTRUCTION ACTIVITIES ARE SCHEDULED TO BEGIN JUNE,2010 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE DEPARTMENT OF TRANSPORTATION("DOT") STANDARD CFR TITLE 49,PART 195,"TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE"AND PART OF THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME B31.4 2.2 DESIGN PRESSURE: 1440 PSIG(MAXIMUM ALLOWABLE OPERATION PRESSURE) 2.3 HYDROSTATIC TEST PRESSURE: 1850 PSIG(MINIMUM) 3.0 CARRIER LINE PIPE 3.1 OUTSIDE DIAMETER: 12.75" 3.2 WALL THICKNESS: 0.375 3.3 PIPE SPECIFICATION: API 5L,GRADE x-52 3.4 SPECIFIED MINIMUM YIELD STRENGTH: 52,000 PSI 3.5 MATERIAL: CARBON STEEL 3.6 PROCESS OF MANUFACTURE: ERW 4.0 CATHODIC PROTECTION 4.1 RECTIFIER IMPRESSED CURRENT 5.0 CONSTRUCTION METHOD 5.1 PIPELINE WILL BE INSTALLED BY CONVENTIONAL METHOD AND HORIZONTAL DIRECTIONAL DRILL INSTALLATION METHOD. JEFFERSON COUNTY, TEXAS DAVID A. CUNNINGHAM SURVEY, A--15 0 69 0 4,� 96 287 34 0 Q� G O,9 O axtis ar�uws L.SAW 3514 9 PROPOSED 12" 287 PIPEUNE PROJECT LOCA110N �n FEDERAL �Po CORRECTIONAL' 90 COMPLEX w 9 seAUx�T iy 3000' 1500' 0' 3000' GULLETT & ASSOCIATES, INC. SCALE 7705 SOUTH Loop EAST HOUSTON, 'TIM (7i5).saa-szis VICINITY MAP PROPOSED 12" PIPELINE $ JEFFERSON COUNTY, TEXAS OWN stvmv on wwo m40D m"on er Dal an=rr ou au �x a i. I, 731071906 0.3434-000 JEFFERSON COUNTY, TEXAS DAVID A. CUNNINGHAM SURVEY, A-15 0 m a o Y/ m o a] O O m 0 v ` 002 34'34' r, Proposed 12" ���� ♦ E.G. CORD 7S, A Pipeline �� ''�� � S 30'43'55' E N= 3 P�L E= 3,531,181.91 ♦` ♦♦ Mar CORD7S, JR. ♦� N. o m obi to + + + + N N PLAN o03 Scale: 1" 30' Johns Guile y. R (First Crossing) 01 0 CL a 0 0 a; C V'} io U) C N 197 Cd p M d 2i L�li Nm w t� I�a! go 2 15 2 W O d 000 01 N 04 30. .......... .................................. ........ ........................................................... ......... 30 Both Sides 20' ...4:..Min... ................... ................... ...................:.....Nabirai-•Gifou d 20' 10' ............ .... 10 ............................................ a, ...................:. :.. . Proposed;.1.Z.................�1'T.fl...... Pipeline: —10' ..........:.........................................I... ...... . ...........................I...................I......... —10 —20' ......................................'.............................. ...... ._ ........... —20 1+00 1+50 2+00 2+50 P R O F I L E F.B. 4651, Pg. 3 Scale: 1"=30' Horiz. & Vert. GULIZff & ASSOCIATES, INC. rM SOUTH UW UK HOUSTON. TEXAS Note: Pipeline To Be Installed (719)044-9219 By Horizontal Drill Method T.B.M. — Pipeline Marker 0 Sta. 2+25, 4.9' RT. Elev. 14.16' PROPOSED 12" PIPELINE ACROSS JOHN'S GULLEY (FIRST CROSSING) JEFFERSON COUNTY TEXAS EFI=E , PIPE SPECIFICATIONS: i CARRIER PIPE: 12.750" W.T. x 0.375' W.T. oawx w eoe aae n/Ww wno N"mm w m API 5L X-52. ERW Pipe a a sM am 01/10 Max. Oper. Pressure: 1,440 PSIG xa ew Min. Yield Pressure:: 1,850 000 P 131071905 IPE-3439--101 JEFFERSON COUNTY, TEXAS DAVID A. CUNNINGHAM SURVEY, A-15 ' C' r00 a, o� E.G. Cordts, Jr. i Pi 'Teppco Marker 2Cr Pipe ' Exist. Loutex 36'14' ♦� Pipeline i AS 36'13'28" 5,3' / N=13.941.988.84 i� PrPiposed 1p 2" 5.6' E= 3,530.492.40 / ���� �i� .y'1 ^J� p9 pv/ tix ,x/ QP x ,�x �x E.G. Cordts, Jr. 003 PLAN John's Gully, R/W Scale: 1" = 30' (2nd Crossing) > > at n at o o Y ^ 0. 0-t0: i) wi c n in tV v> O pcp ko 0 ZC3 ,C`j h1113 F� LJ Sid W W133ZIII f � � Marker Sign Natural 20' Ground... ...)....... ........................ .......... ....................... .... ................. ... �$oth Sides)....... 201 4' Min. 10' � .. ✓/,�/ .................................... ............l�. ...... 10 �/ / / / , �.•:��•::••: 10.7' 00 ..... ..............................:. .... ............,:............. .PFAP9�ed..12"..:.............................., 0. Pipeline ............:.......................................:................. .............:............................... —10' -20' .....................................-........................................................................................................ -20' 2+00 1+50 1+00 P R O F I L E F.B. 4651, Pg. 7-9 Scale: 1"=30' Horiz. & Vert. GULI.ETT & ASSOCIATES, INC. 7705 SOUTH WOP BAST HOUSTON. TEW Note: Pipeline To Be Installed (713) 644-Will By Horizontal Directional Drill T.B.M. — P/L Marker, 14.8' RT. ® Sta. 1+19 Elev. 14.9' i PROPOSED 12" PIPELINE UNDER JOHN'S GULLEY (SECOND CROSSING) PIPE SPECIFICATIONS: JEFFERSON COUNTY, TEXAS CARRIER PIPE: 12.750" W.T. x 0.375" W.T. API 5L X-52, ERW Pipe s� arV� eaE nova oac Max. Oper. Pressure: 1,440 PSG Min. Min. Test Pressure: 1,850 PSIG0i� Min. Yield Strength: 52,000 PSI s 731071N5 sm ai � —M JEFFERSON COUNTY, TEXAS PELHAM HUMPHRIES SURVEY, A-'32 \ a U) c Cc _ \ cc 006 \ \ OAfankfig 8eoumont ` Partners, LP. \ \\ 53041'28"E Proposed 12" _ \ Pipeline D>Tfank/ng Beaumont \ \ \\ Portners, LP. \ \\ \ 1\ S \` + \ ; 2 E 6► P L A John's Gull e y. R f W Scale: i" = 20' (Third Crossing) k comco cab ch C 'j ui ,- 0 8+ + + + + r r r r r Natural 200 .......... ..... .................................. .......................... ................................... .....Ground.,.. 20' 15' - .. ............................. . •.........I.............. ........ ........ ,.. 0^ '7` 15' 1o' ...... ............. .......,................. ...`......... ip, 5, :... A...p'. ....... 5' ..........T.O.P Eiev.• 1.0'.......... ............................. ................ 0' -5' ..................�.Wo d-TZ.. ............ .............................:......,.....-,. -5, 1.......... ...................I...Pieline-1a -10' 1+00 1+50 2+00 P R O F I L E Scale: V-20' Horiz. & Vert. GUi18TT & ASSOCIATES. INC. rras eana ( 044-IM a sue NOTE: Pipeline To Be Installed By Conventional Method. _ T.B.M. - Pipeline Marker 0 Sta. 1+05, 0.6' RT. Bev. 15.86' PROPOSED 12" PE'T:IINE ACROSS JOHN'S GUII.EY (THIRD CROSSING) ' PIPE SPECIFICATIONS: JEFF ERSON COUNTY, TEXAS CARRIER PIPE: 12,750" W.T. x 0.375" W.T. oaM er it o= eyoe/,o �enm,wwor®ea nu API 51. X-52, ERW Pipe 1,,,m=w ow we o Max. peer.Pres seta .1�135o PSIGG mme a za reg nWal ..� MK Min. Yield Strength: 52,000 PSI g T31071905 a' TPE-3434-104 I JEFFERSON COUNTY, TEXAS DAVID A. CUNNINGHAM SURVEY, A-15 0 002 John's Gulley �, ao, m b°i 4 je, E.G. Cordts, Jr. —_ �+ �o W W W -- E.G. Cordts, Jr. Edge Of 24" Culvert Borbed Wire 1/ Gravel / 1 (1 Exist. Unocal 6" Fence 70'51' Pipeline 21.3' S T E Pro posed 12" Pipeline / N-13,941,039.00 / N-13,941,402.59 E- 3 0 6 580 LAT. -2759'79' LONG=-94'03'49" LONG--94'03'51" �� �� h h P L A N 004 Tx. H� Scale: 1" 100' 93 TxDOT F.M. 35141 R/W (400' Wide) as L in o I N ''ol r-y c P) c c pp O C� O in Ui in 0 — 966 16 CP Z4! Z]LiJ IaWat-ii, 6184m .Zm L Wv O tD aa) + 00 n N rn 60' Natural _ _ _ 4' Min.. Marker Sign 60' 40' Ground (Both Sides) 40' 20' 20' —20' 51 . 69.3'. _.2Q, —40 . . . . . . . . . . . . . q'Prosed 12" . . . . . . . . . . . . —40 —60 . . . . . : . . . . . . . : . .Ripeline . . . . . . : . . . . ".•."'�-+.. . —60 —80 . . . . . .. . . . .. . .. . . . . . . . . .. . .. —80 1+00 2+00 3+00 4+00 5+00 6+00 P R O F I L E F.B. 4651, Pg. 4-6 Scale: 1"=100' Horiz. & Vert. GULLETT & ASSOCIATES, INC. 7705 SOUTH iw OP UST HOUSTON. micas Note: Pipeline To Be Installed By Horizontal Directional Drill T.B.M. — Ct F.M. Highway 3514 ® Sta. 4+59 Elev. 20.9' PROPOSED 12" PIPEUNE UNDER TXDOT F.M. 3514, R/W PIPE SPECIFICATIONS: JEFFERSON COUNTY, TEXAS CARRIER PIPE: 12.750" W.T. x 0.375" W.T. g API 5L X-52, ERW Pipe °m r ° 1 ma m Wm wave➢w epc ' Max. Oper. Pressure: 1,440 PSIG asm K ou °� 0VU Min. Test Pressure: 1,850 PSIG L�4123 srMin. Yield Strength: 52,000 PSI 6i05 9W I W I M-34WM / 1 TEPPCO -r , { TANK ' Jr FARM '`p/� A� (' i' 'Y�c��••ice' � 1: may.y v i \ � t:1 F, '�'�a'�,1 j:1•1r ._ #7 f l LJ�lV llJ ZL L it � -�_ I 1r �. � .. � 1.;`'• JOHN'S GULLY - ... JCDD X17 °; CROSSING 1Y --- JOHN'S GULLY CROSSING #2 ROPOSED 12 PIPELINE Gardem _ i { TX JCDD HWY. 3514 _e JOHN'S GULLY ROBBING # 1 ,Y • �._ r -i•:Y.a �1 r a 1 s. r �L It �f��� � � - .L �- - *+.+-fir _ i - �—" • ; 4 ��,�� ��: . , 4000' 2000' 0' 4000' SCALE f GUU.&= & ASSOCIATES, INC. CA 7705 SOUTH LOOP EAST HOUSTON, TEXAS i (713) 844-3219 ■ gg� O 9 VICINITY MAP R PROPOSED 12" PIPELINE JEFFERSON COUNTY, TEXAS a OMPI M W 0111E 07/01/10 W*W M01OItD M 0111[ cc=N am 0111[ 0/10 "J t' 7131071out a/�9W TK-349—MI 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 grant a Pipeline License Agreement to TE Products Pipeline Company, LLC, to install a twelve inch (12") pipeline to cross John's Gully, east of West Cardinal Drive, within the city limits of the City of Beaumont for the purpose of transporting oil, gas, water or related refined products. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of May, 2010. - Mayor Becky Ames - I c RICH WITH OPPORTUNITY BEAUMON* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: May 18, 2010 REQUESTED ACTION: Council consider authorizing the acceptance of a Water Line Easement. RECOMMENDATION The Administration recommends acceptance of a Water Line Easement to provide water services for the Beaumont Gracelake Townhomes. BACKGROUND ITEX Professional Park, LLC has agreed to convey a 10 foot wide exclusive Waterline Easement to the City of Beaumont. The easement, out of Lots 7 and 8 of the M. C. Cartwright Subdivision, will provide water services for the Beaumont Gracelake Townhomes located at 3985 Sarah Street. BUDGETARY IMPACT None. \enggracelake-ib 11 May 2010 I RESOLUTION NO. WHEREAS, ITEX Professional Park, LLC, has offered to convey a ten foot (10') wide exclusive water line easement for property located at 3985 Sarah Street, said easement being out of Lots 7 and 8, M. C. Cartwright Subdivision, as described in Exhibit "A" and shown on Exhibit "B", attached hereto, to the City of Beaumont for the purpose of providing water services to the Beaumont Gracelake Townhomes and allowing for the construction, alteration, operation and maintenance of the said water line and appurtenances; 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 ITEX Professional Park, LLC, as described in Exhibit"A" and shown on Exhibit "B," be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of May, 2010. - Mayor Becky Ames - 0.6410 ACRE OF LAND FOR WATERLINE EASEMENT PURPOSES PART OF LOTS 7 AND 8, M.C. CARTWRIGHT SUBDIVISION, JEFFERSON COUNTY,TEXAS BEING 0.6410 acre of land for waterline easement purposes out of and a part of Lots 7 and 8, M.C. Cartwright Subdivision, recorded in Volume 4, Page 194, Map Records, Jefferson County, Texas; being out of and a part of a (Called 20.823) acre tract of land conveyed to Itex Professional Park, LLC, recorded in File No. 2010011878, Official Public Records, Jefferson County, Texas; said 0.6410 acre tract being more fully described by metes and bounds as follows,to wit: COMMENCING at a %Z" steel rod, capped and marked "SOUTEX", found on the intersection of the common line of Lots 9 and 15, M.C. Cartwright Subdivision and the Northerly right of way line of a dedicated road named Cardinal Drive (a.k.a. U.S. HWY 69, 96, 287) (a.k.a. Loop 251), conveyed to the State of Texas, recorded in Volume 1083, Page 276, Deed Records, Jefferson County, Texas; said '/z" steel rod being the Southwest corner of a (Called 19.72) acre tract of land conveyed to Antioch Missionary Baptist Church, recorded in File No. 2000027592, Official Public Records, Jefferson County, Texas; the Southwest corner of a (Called 0.0384) acre waterline easement conveyed to the City of Beaumont, recorded in File No. 2005024915, Official Public Records, Jefferson County, Texas; and the Southeast corner of the (Called 20.823) acre tract; said '/2" steel rod having a State Plane Coordinate of N:13958397.62, E: 3510536.03; THENCE,North 03 deg., 24 min., 23 sec., West, on the common line of said Lots 9 and 15, same being the West line of the (Called 0.0384) acre waterline easement, a distance of 142.34' passing the common corner of Lots 8, 9, 14, and 15, M.C. Cartwright Subdivision; continuing for a total distance of 150.90' to a point for corner for the POINT OF BEGINNING and most Southerly Southeast corner of the herein described tract; THENCE, South 86 deg., 35 min., 37 sec., West, a distance of 10.00' to a point for corner; THENCE, North 03 deg., 24 min., 23 sec., West, 10' West of and parallel to the common line of said Lots 8 and 14, a distance of 587.92' to a point for comer for the common line of Lots 7 and 8, M.C. Cartwright Subdivision; THENCE, North 03 deg., 12 min., 21 sec., West, 10' West of and parallel to the common line of said Lots 7 and 13, a distance of 10.14' to a point for corner; THENCE, South 86 deg., 49 min., 40 sec., West, 10' North of and parallel to the common line of said Lots 7 and 8, a distance of 125.14' to a point for corner; EXHIBIT "A" THENCE, the following courses and distances: South 03 deg., 10 min., 20 sec.,East, a distance of 5.00' to a point for comer; South 86 deg., 49 min.,40 sec., West, a distance of 30.83' to a point for corner; North 03 deg., 10 min., 20 sec., West, a distance of 5.00' to a point for corner; THENCE, South 86 deg., 49 min., 40 sec., West, 10' North of and parallel to the common line of said Lots 7 and 8, a distance of 143.79' to a point for corner; THENCE, the following courses and distances: South 03 deg., 10 min., 20 sec.,East, a distance of 29.64' to a point for corner; South 86 deg., 49 min.,40 sec., West, a distance of 10.00' to a point for corner; North 03 deg., 10 min., 20 sec., West, a distance of 29.64' to a point for corner; THENCE, South 86 deg., 49 min., 40 sec., West, 10' North of and parallel to the common line of said Lots 7 and 8, a distance of 253.64' to a point for corner; THENCE, the following courses and distances: South 03 deg., 18 min., 18 sec.,East, a distance of 64.42' to a point for corner; South 86 deg., 41 min., 42 sec., West, a distance of 10.00' to a point for corner; North 03 deg., 18 min., 18 sec., West, a distance of 64.45' to a point for corner; THENCE, South 86 deg., 49 min., 40 sec., West, 10' North of and parallel to the common line of said Lots 7 and 8, a distance of 142.97' to a point for corner on the common line of Lots 1 and 7, M.C. Cartwright Subdivision, same being the West line of the(Called 20.823) acre tract; THENCE, North 03 deg., 19 min., 00 sec., West, on the common line of said Lots 1 and 7, same being the West line of the (Called 20.823) acre tract, a distance of 10.00' to a point for comer; THENCE,North 86 deg., 49 min.,40 sec., East, 20' North of and parallel to the common line of said Lots 7 and 8, a distance of 142.97' to a point for corner; THENCE, the following courses and distances: North 03 deg., 18 min., 18 sec., West, a distance of 135.00' to a point for corner; North 13 deg., 20 min., 18 sec., West, a distance of 16.18' to a point for corner; North 48 deg., 08 min., 23 sec., East, a distance of 101.59' to a point for corner; North 26 deg., 3 8 min., 23 sec., West, a distance of 46.17' to a point for corner; South 70 deg., 03 min., 44 sec., West, a distance of 24.23' to a point for corner; North 19 deg., 56 min., 16 sec., West, a distance of 31.21' to a point for corner; North 70 deg., 03 min., 44 sec., East, a distance of 10.00' to a point for corner; South 19 deg., 56 min., 16 sec., East, a distance of 21.21' to a point for corner; North 70 deg., 03 min., 44 sec., East, a distance of 23.12' to a point for corner; South 26 deg., 3 8 min., 23 sec., East, a distance of 52.34' to a point for corner; North 48 deg., 08 min., 23 sec., East, a distance of 9.09' to a point for corner; South 74 deg., 14 min., 58 sec., East, a distance of 95.77' to a point for corner; South 29 deg., 26 min., 30 sec., East, a distance of 1.89' to a point for corner; South 74 deg., 14 min., 58 sec., East, a distance of 58.10' to a point for corner; South 03 deg., 11 min., 14 sec., East, a distance of 16.84' to a point for corner; North 86 deg., 48 min., 46 sec., East, a distance of 172.93' to a point for corner; North 01 deg., 04 min., 26 sec., East, a distance of 277.98' to a point for corner; North 86 deg., 47 min., 39 sec., East, a distance of 19.45' to a point for corner; North 01 deg., 04 min., 26 sec., East, a distance of 64.14' to a point for corner; South 88 deg., 55 min., 34 sec., East, a distance of 10.00' to a point for corner; South 01 deg., 04 min., 26 sec., West, a distance of 63.40' to a point for corner; North 86 deg., 47 min., 39 sec., East, a distance of 112.47' to a point for corner; THENCE, North 03 deg., 12 min., 21 sec., West, 10' West of and parallel to the common line of Lots 7 and 13, M.C. Cartwright Subdivision, a distance of 141.08' to a point on the South right of way line of a dedicated road named Sarah Street, recorded in Volume 2351,Page 448,Deed Records, Jefferson County, Texas and Volume 1662, Page 148, Deed Records, Jefferson County, Texas; THENCE, North 86 deg., 47 min., 39 sec., East, on the South right of way line of said Sarah Street, a distance of 10.00' to a %2" steel rod, capped and marked "SOUTEX", found on the common line of said Lots 7 and 13; said 1/2" steel rod being the Northwest corner of a (Called 9.9762) acre tract of land conveyed to Jehovah Jireh Village Community Development Center, recorded in File No. 2008008250, Official Public Records, Jefferson County, Texas; and the Northeast comer of the (Called 20.823) acre tract; said '/2" steel rod having a State Plane Coordinate of N:13959730.89, E: 3510458.76, and being the most Northerly Northeast corner of the herein described tract; THENCE, South 03 deg., 12 min., 21 sec., East, on the common line of said Lots 7 and 13, a distance of 151.08' to a point for corner; THENCE,the following courses and distances: South 86 deg., 47 min., 39 sec., West,a distance of 142.67' to a point for corner; South 01 deg., 04 min., 26 sec., West, a distance of 203.78' to a point for corner; South 88 deg., 55 min., 34 sec., East, a distance of 18.15' to a point for corner; South 01 deg., 04 min., 26 sec., West, a distance of 10.00' to a point for corner; North 88 deg., 55 min., 34 sec., West, a distance of 18.15' to a point for corner; South 01 deg., 04 min., 26 sec., West, a distance of 64.21' to a point for corner; South 86 deg., 48 min., 46 sec., West, a distance of 192.21' to a point for corner; North 03 deg., 11 min., 14 sec., West, a distance of 19.69' to a point for corner; North 74 deg., 14 min., 58 sec., West, a distance of 50.96' to a point for corner; North 29 deg., 15 min., 00 sec., West, a distance of 1.89' to a point for corner; North 74 deg., 14 min., 58 sec., West, a distance of 90.28' to a point for corner; South 48 deg., 08 min., 23 sec., West, a distance of 109.60' to a point for corner; South 13 deg., 20 min., 18 sec., East, a distance of 11.11' to a point for corner; South 03 deg., 18 min., 18 sec., East, a distance of 135.90' to a point for corner; THENCE,North 86 deg., 49 min.,40 sec., East, 20' North of and parallel to the common line of said Lots 7 and 8, a distance of 573.42' to a point for corner on the common line .of said Lots 7 and 13; THENCE, South 03 deg., 12 min., 21 sec., East, on the common line of said Lots 7 and 13, a distance of 20.14' to a 1/z" steel rod found for the common corner of Lots 7, 8, 13, and 14 on the East line of the (Called 20.823) acre tract; said 1/Z" steel rod being the Southwest corner of the (Called 9.9762) acre tract and the Northwest corner of the (Called 19.72) acre tract; THENCE, South 03 deg., 24 min., 23 sec., East, on the common line of said Lots 8 and 14, a distance of 572.89' passing the Northeast corner of the (Called 0.0384) acre waterline easement; continuing for a total distance of 587.89' to the POINT OF BEGINNING and containing 0.6410 acre of land,more or less. Note: Bearings, distances, and acreage are based on State Plane Coordinate Grid System Texas South-Central Zone, NAD 83, having a Combined Scale Factor of 0.999938374 and a Convergance Angle of 02 deg., 23 min., 18 sec. This description is based on the Land Survey made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on April 5, 2010. Beaumont Gracelake Townhomes OF LS-09-0061E1 K o; A HOMY 9 ..ESSl�?tC4 ...&. A S 1 r Cr: t q 64 N1Y00'-ftlOY M OIlf00.11 )qlY r; 41 ))f� ar� i 5! 9 9 9 .r�9 ap9 ♦ d$ � Aa s Is 1 rl'ii9ES$;$$i$iii$ii4.tii,E$i$Z ,I 4 �' �I t�i;`�� ► ( i$� li it� .'tE' ' fIF1�:trt�jlk;t�1I �tt!i1{ I ci FFiii466iiLLLLLFLLiLG iiiG4iFm 1'a l �, III !VIII �I, I E� �j[i(r i! F I 1 q t r .�� Il't�1`�'! A IFr [r�,I ,/ ( .........i s l i d i d i � s i p v94 s a [ll Ii F� iii r ` hol�p�Iltlil tit t 1 �� �� I I ��= 6 I� #��� 111 lr i5 Ir li tr ► I;�� ;I(�El;t F1[I: XPI I I=�$s$lilivi`aii$$iieEi€i�ioiii= i" ® ♦ Ig �`^I r = F O m rol f +a I 6 {tSSRttititiSt{S{!I{! [' r lit ^ I NNN""",f F�ji=111 iii !s i Cn � < F I R'•,•11' lIIIIIIIIIIIIIIIIIII!1 a Q p;. s"i �, I �; 'ao�fb 1-, IlII[IItfIIrIIIIIIlItI� �! ! 1 Slt r °$��" � '� 9 $�� � "° �w c t. 5 � ■ I Ij�;tllfltlttlltllllflllll �; �! �;(It�Ir gg �� � �� ( �° *�� I `« I q�;;li�i:iEt[SiQ;ii i II I•i t 6 P i 's� E 5 I �ctl Il�[ifjllFikil[�ill�Il Ij IF ictscncttcfit I 1 ERj!,i ay 3' x ,, .............. , , Ic j!IPII F � Ii T I$1 I� � lry5 � �y �'C � �� I^ 1�r►ii{1}} 1,, 1111IN!1111111( if lllll;i� c-€ r/ I �, '� I� � � ,x [� 1�r� $Ir �'cnnttrats► •1 fl�I[.!;! �° , t1 i�►II 'jQ .t fI1(Illlfiffll� It {%`,[! • [ �� it; ��t; tl��i��Ii[�}�4[[ ;[�Itltli D RICH WITH OPPORTUNITY BEAUMON* T • E • x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attornx----- MEETING DATE: May 18, 2010 REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit styled Brandon Pickard vs. City of Beaumont, Texas, et al RECOMMENDATION Administration recommends approval of a resolution authorizing the settlement of a lawsuit styled Brandon Pickard v. City of Beaumont, Texas, et al in the amount of$45,000. BACKGROUND This matter was most recently presented and discussed in Executive Session held on May 11, 2010. The City Attorney is requesting authority to settle this suit for the $45,000 amount. BUDGETARYIMPACT There are sufficient funds in the General Fund to pay the settlement amount. RESOLUTION NO. WHEREAS, the lawsuit styled Brandon Pickard v. City of Beaumont, Texas, et al was discussed in Executive Session properly called and held Tuesday, May 11,2010; and, WHEREAS, the Council desires to authorize the settlement of the lawsuit styled Brandon Pickard v. City of Beaumont, Texas, et al; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit styled Brandon Pickard v. City of Beaumont, Texas, et al for the sum of Forty-Five Thousand Dollars ($45,000). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of May, 2010. - Mayor Becky Ames - RICH WITH OPPORTUNITY BEA,UMON* T - E * X - A - 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 18,2010 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition: * Public Comment: Persons may speak on scheduled agenda item 1-2/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XVIII Project for"extra work" 2. Consider authorizing the City Manager to apply for and receive funding from the Department of Housing and Urban Development for the design and construction of a Skate Park PUBLIC HEARING * Receive comments on a proposal to reallocate funds from the 2009 FEMA Hazard Mitigation Grant Program and from the 2009 Clearance and Demolition line items to the 2009 Public Facilities-L.L. Melton Building Repair line item 3. Consider approving a resolution to reallocate funds from the 2009 FEMA Hazard Mitigation Grant Program and from the 2009 Clearance and Demolition line items to the 2009 Public Facilities-L.L. Melton Building Repair line item 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: Eric Kvarme,Derrick Wayne Fowler,Douglas Kibodeaux and Rebecca Chism vs. The City of Beaumont,Texas and The Civil Service Commission of the City of Beaumont State of Texas v. James Edward Mathews,Jr. City of Beaumont v. James Mathews 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 May 18,2010 Consider authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XVIII Project for"extra work" RICH WITH OPPORTUNITY BEAUMOK* T • Z * X • A - s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director Ale MEETING DATE: May 18, 2010 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XVM Project for"extra work". RECOMMENDATION Administration recommends approval of increasing the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XVM Project amount by$213,264. The proposed changes to the contract will famish all necessary labor, materials, and equipment to slipline approximately 1,620 linear feet of 15-inch sanitary sewer lines with 12-inch DR 17 HDPE, open rut approximately 493 linear feet of 15-inch DR-17 HDPE sanitary sewer lines, furnish and install one manhole at the connection point to the existing 30-inch sanitary sewer line, furnish and maintain traffic control for 11*Street,remove and replace four existing sanitary sewer manholes, replace ten flinch short side service connections into the shplined pipe, clean and televise approximately 1,620 linear feet of existing deteriorated lines for slipliner pipe, post televise 2,116 linear feet of rehabilitated sanitary sewer lines, and increase the contract time by 75 calendar days. The additional days increases the total contract time to 275 calendar days. The proposed extra work will represent an increase of 23.06%of the original contras amount. The proposed extra work is located on Interstate 10 from North Tenth Street to Eleventh Street and North on 11i Street to an existing 30-inch sanitary sewer line. BACKGROUND The existing sewer lines built in the 1950's have deteriorated and require major rehabilitation. The primary goals of the project are to restore the integrity of the sanitary sewer lines, restore the majority of the carrying capacity, and provide customers with uninterrupted and adequate service. Previous actions include: Resolution 10-102 in the amount of$924,623.00 was passed by City Council on April 20, 2010. Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XVIR Project May 18,2010 Page 2 of 2 This Change Order is recommended for approval by the City Manager and the Water Utilities Director. BUDGETARY IMPACT Funds for the project are available in the Capital Program i Al all I-Awl I sill RESOLUTION NO. WHEREAS, on April 20, 2010, the City Council of the City of Beaumont, Texas, passed Resolution No. 10-102 awarding a contract in the amount of $924,623 with Horseshoe Construction, Inc., La Porte, Texas, for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XVIII; and, WHEREAS, Change Order No. 1 in the amount of $213,264 is required for extra work to furnish all necessary labor, materials, and equipment to slipline approximately 1,620 linear feet of 15-inch sanitary sewer lines with 12-inch DR-17 HDPE, open cut approximately 493 linear feet of 15-inch DR-17 HDPE sanitary sewer lines, furnish and install one manhole at the connection point to the existing 30-inch sanitary sewer line, furnish and maintain traffic control for 11th Street, remove and replace four existing sanitary sewer manholes, replace ten 4-inch short side service connections into the sliplined pipe, clean and televise approximately 1,620 linear feet of existing deteriorated lines for slipliner pipe, post televise 2,116 linear.feet of rehabilitated sanitary sewer lines and increasing the contract time by 75 calendar days for a total of 275 calendar days and thereby increasing the contract amount to $1,137,887; 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. 1 increasing the contract amount by $213,264 for a revised total amount of$1,137,887 for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XVIII Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of May, 2010. - Mayor Becky Ames - 2 May 18,2010 Consider authorizing the City Manager to apply for and receive funding from the Department of Housing and Urban Development for the design and construction of a Skate Park RICH WITH OPPORTUNITY BEAUMON* T • R • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager 4f.54 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: May 18, 2010 REQUESTED ACTION: Council consider authorizing the City Manager to apply for and receive up to$295,000 in funding from the Department of Housing and Urban Development for the design and construction of a Skate Park. RECONEI UNDATION Administration recommends approval. BACKGROUND On May 11, 2010, a City Council Work Session was held to discuss the possible installation of a Skate Park at 800 Pearl, in Downtown Beaumont. The proposal included construction of a Skate Park for an estimated$293,200. In order to fund this project, an application for Economic Development Initiative(EDI)funds would be made to the Department of Housing and Urban Development. The purpose of the EDI grant is to leverage Section 108 Loan projects within Downtown Beaumont. The Skate Park will consist of skating-related improvements to serve younger visitors and their families. This amenity will provide an additional attraction,bringing more visitors to Downtown Beaumont, while providing a much needed recreational feature to citizens of Beaumont. Funds will be used to design and construct the facility, including site preparation, lighting, signage, landscaping and skating improvements. BUDGETARY E14PACT Funds for the program would be available through this grant, with no required local match by the City. 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 apply for and receive grant funds in an amount up to $295,000 through the Department of Housing and Urban Development Economic Development Initiative to be used to design and construct a Skate Park at 800 Pearl. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of May, 2010. - Mayor Becky Ames - PUBLIC HEARING * Receive comments on a proposal to reallocate funds from the 2009 FEMA Hazard Mitigation Grant Program and from the 2009 Clearance and Demolition line items to the 2009 Public Facilities- L.L. Melton Building Repair line item 3 May 18,2010 Consider approving a resolution to reallocate funds from the 2009 FEMA Hazard Mitigation Grant Program and from the 2009 Clearance and Demolition line items to the 2009 Public Facilities-L.L. Melton Building Repair line item RICK WITH OPPORTUNITY T - R - X - A - S City Council Agenda Item TO: City Council FROM: Kyle Hayes,City Manager r� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: May 18, 2010 REQUESTED ACTION: Council conduct a public hearing to receive comments on a proposal to reallocate funds from the 2009 FEMA Hazard Mitigation Grant Program and from the 2009 Clearance and Demolition line items to the 2009 Public Facilities-L.L. Melton Building Repair line item and adopt a resolution to reallocate the funds. RECOMMENDATION The Administration recommends approval. BACKGROUND With the closure of the Melton YMCA, the ownership of the facility has been assumed by the City of Beaumont. Jehovah Jweh Village Community Development Center is seeping to lease the City- owned f teility to provide recreational and other services to the community. In order to provide a safe and adequate facility for this purpose, City staff have inspected the building and identified a listing of needed repairs. The estimated costs of these repairs is$99,800. In order to fund these repairs, a reallocation of$81,376 from the 2009 FEMA Hazard Mitigation Grant Program, or the"Ike Flood Buyout Program"and a reallocation of$18,624 from the 2009 Clearance and Demolition line items are proposed. The new line item,Public Facilities-L.L.Melton Building Repair,within the 2009 Program Year Budget,would then be used for these needed repairs. BUDGETARY EWPACT If the above funds are reallocated to the 2009 Public Facilities-L.L.Melton Building Repair line item to fund the repairs,there will be a remainder of$30,527 in the 2009 FEMA Hazard Mitigation Grant Program and$115,826 in the 2009 Clearance and Demolition line items. INTER-OFFICE M EMORAN1DVM City of Beaumont, Texas Date:March 15,2001 To: Brends..Beadle,Capital Projects ManW From: John Morgan,Building Services Superintendent Subject: Estimate of repairs to the L.L.Melton Building COMMENTS As requested,we have carnplabd an estimate of repairs to the L.L. Mahon Building as described in an amail-dated 4/14/10. The estimate is itemized as follows: Ia. Repair eight(8)heating and air eoaditicniqg units ofvariaus sizes,replace flour(4)existgg units that are 7Wt repairable;replace twelve(12)tbeamostats;abandon and remove two(2)exhaust fags. Estimated cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . 557,300.00 I b. Roof repairs at various areas. Estimated cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . $15,000.00 lc. General Phm hg repaim(a 10mce).Estimated cast . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,000.00 Pressure wash exterior wails.and pang those surfaM that are need of re-coating. Estimated cast . . .$7,800.00 Convert bathroom showers to storage areas with shelving. Estimated cost . ... . . . . . . . . . . . . $26,600.00 4• Replace all fixtures in rear.rastroom. Estimated cost.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,600.00 5. -ftd ce.damaged and stained coiling Wa throughout. Estimated cost . . . . . . . . . ... . . . . . . ... $8,300.00 6. Replace dridit kmtain in new gymnasium. .Estimated cost .. . . . $I,400.00 7. Pump down sMinm ng pools for assessment. Estimated cost . . . . . . . . . . . . . . . . . . . . . . . . no cost 8. Clean out and re seal expansion joints at front entry. Bstimated.cost' . $1,700.00 9 Roof flashing repairs are included in item no:1 b: Estimated cost , : . . . . . . no cost Clean and repair all grkttons and downspouts. Estimated cost . . . . . . . . - $3,000.00 ! 1 s i11. Replace weatharstcippiug at all exterior doors. Total cost . . . . . . . . . . . . . . . . . . . . . . . . . $5,500.00 Install Partmoas at West Wing recreation room and Old Crymnasium to create muhiple classrooms. Partitions Wall be code cmnpliant in every respect. Estimated cost . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ..$49,000.00 13. Install "storefront across both Wways near lobby to isolate reception arm i A k Estimated cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,700.00 14. Demolish aU appliances,shelvm&cabinets,vents,suppression and the like from the exerting ldtcbw. Repair all walls and oeil W, Repaint all walls and door. Estimated cost . . . . . . . . . . . . . . . . . . . . . $3,000.00 Total Estimated—All Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .$188,900.00 If you have any questions regohgg the provided information,please give me a call. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS,the City Council has conducted a public hearing concerning reallocation of$81,376 from the 2009 FEMA Hazard Mitigation Grant Program and $18,624 from the 2009 Public Services-Elderly/Disabled Code Assistance line items to the 2009 Public Facilities - L. L. Melton Building Repair line item; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to reallocate $81,376 from the 2009 FEMA Hazard Mitigation Grant Program and $18,624 from the 2009 Public Services- Elderly/Disabled Code Assistance line items to the 2009 Public Facilities - L. L. Melton Building Repair line item. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of May, 2010. - Mayor Becky Ames -