HomeMy WebLinkAboutPACKET JUL 20 2010 RICH WITH OPPORTUNITY
1117CA,[11�10
T - E - X - A - S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JULY 20, 2010 1:30 P.M.
CONSENT AGENDA
* Approval of minutes - July 13, 2010
* Confirmation of committee appointments
A) Approve a payment to Jefferson County for the renewal of an annual maintenance
agreement
B) Authorize the City Manager to execute all documents necessary, specifically including a
contract, in order for the Southeast Texas Auto Theft Task Force(City of Beaumont)to
transfer a vehicle title to the Jefferson County Sheriff's Office
C) Approve an Easement and Surface Use Agreement with Cimarex Energy Company at the
Beaumont Municipal Airport for wellsite Beaumont Air No. 1
D) Approve an Easement and Surface Use Agreement with Cimarex Energy Company at the
Beaumont Municipal Airport for wellsite Jefferson Airplane No. 4
E) Authorize the acceptance of a water line easement to provide water service to facilities at
410 Interstate 10 South
F) Authorize the acceptance of a sanitary sewer easement to provide access for sanitary
sewer services
A
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11EA,[1140N*
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Chief Technology Officer 65
MEETING DATE: July 20, 2010
REQUESTED ACTION: Council consider approval of a payment to Jefferson
County for the renewal of an annual maintenance
agreement with Motorola.
RECOMMENDATION
Administration recommends the payment of an invoice to Jefferson County for the renewal of an
annual maintenance agreement with Motorola for support of the 800 MHz radio system in the
amount of$84,515.80.
BACKGROUND
The 800 MHz radio system is used by EMS, Fire, Police and numerous other departments
throughout the City for daily communications. The purchase is exempt from competitive bidding
since it is available from only one (1) source having exclusive rights to maintain the radio
infrastructure. The maintenance agreement provides for constant monitoring of the radio system
and 911 dispatch centers as well as dispatching of repair personnel with replacement parts when
required.
The 800 MHz radio system is shared with Jefferson County and the annual cost of the
maintenance contract is split equally between Jefferson County and the City of Beaumont.
Jefferson County has rendered payment directly to Motorola for the entire annual maintenance
contract in the amount of$199,023.72. Total billing was reduced this year by a credit from
Motorola for software maintenance and Lamar Police Department's contribution from using the
radio system.
The agreement is for an annual period from May 1, 2010 - April 30, 2011.
BUDGETARY IMPACT
Funding in the amount of$84,515.80 is available within the FY2010 budget in the General,
Water and Solid Waste Funds.
JEFFERSON COUNTY INVOICE
1149 PEARL 7TH FLOOR
BEAUMONT, TX 77701
SERVICES PROVIDED FOR:
City of Beaumont 'INVOICE DATEI 5/12/10
Attn: Bart Bartkowiak
801 Main
Beaumont, Tx 77701
m_ l ESCRI tl~I
s w. .�-.;�"#Z7`.., rri _a"'sw s.: .4 <i t -^..
50% Motorola billing for Maintenance Agreement for 199,023.72 $99,511.86
5/1/2009 -4/30/2010. See attached for detail.
50% Credit for previous year Motorola maintenance contract (19,405.08) ($9,702.54)
50% Credit for Lamar Police Department billing (4,332.53) ($2,166.27)
for 8/1/2009-4/30/2010
50% Credit for Lamar Police Department billing (6,254.50) ($3,127.25)
for 5/1/2010 -4/30/2011
City of Bmt Radios= 1,244
Jefferson County Radios = 547
Lamar PD - Radios= 50
Total Radios on System = 1,841
84,515.80
$84,515.80
Questions concerning this invoice? MAKE ALL CHECKS PAYABLE TO: PAY THIS
Call: Mark Dubois JEFFERSON COUNTY AMOUNT
(409) 835-8734 1149 PEARL 7TH FLOOR
BEAUMONT, TX 77701
I N V V I CE Page 3 of 3
MOTOROLA TOTAL INVOICE AMOUNT: $199'023'72
1307 E. A7gonquin Rd Schaumburg, IL 60196 MOTOROLA INVOICE NUMBER. 78144363
INVOICE DATE: 06/02 2010
Visit our web site at.www.motorola..corn PAYMENT DUE: 06122 2010
CUSTOMER ACCOUNT NUMBER: 1011951705 0001
PURCHASE ORDER DATE:
YOUR P.O.#:
BILLTO JEFFERSON COUNTY SHERIFF'S DEPT
1001 PEARL ST
BEAUMONT, TX 77703
For questions concerning this Invoice please contact
Motorola at: 1-800-422-4210
00003-00001-00001
Payment Terms:. NET 20.. Motorola Federal Tax Id: 36-1115800
Sales'Order Numbert SOOOOIO16272
Invoice DetaiI (continued}
Dur(Mo.) Model Humber Description Qty Unit Price Amount
12 QUANTAR STATION 1 8.00 96.00
12 SITES) 1 0.01 0.12
12 SITE(S) 2 8.00 192.00
12 SITES) 1 12.80 153.60
12 SITE(S) 3 34.00 1,224.00
12 SITE(S) 1 41.50 498.00
12 SITE(S) 1 85.00 1,020.00
SVCO2SYCO029C SP - INFRASTRUCTURE REPAIR/ADVANCED REPLACEMENT
12 CLASSIC CRT CONSOLE 1 128.69 1,544.28
12 GOLD SERIES ELITE 10 128.69 15,442.80
12 QUANTAR STATION 28 76.12 25,576.32
12 QUANTAR STATION 2 80.94. 1,942.55
12 SITES) 4 0.01 0.48
12 SITES) 5 145.00 8,700.00
SUBTOTAL 199,023.72
PLEASE PAY THIS AMOUNT (PAYMENT DUE: 06/22/2010) 199,023.72
MOTORO INVOICE Page 2 of 3
TOTAL IN I01GE AMOUNT: $199 023:'72
1307 E. Algonquin Rd Schaumburg, IL 60196 MOTOROLA INVOICE NUMBER: 78144363
[NVOICE DATE: 06702/2010
Visit our web site at:www.motorola.com PAYMENT DUE: -70-6/22/2010
CUSTOMER ACCOUNT NUMBER: 1011951705 0001
PURCHASE ORDER DATE:
YOUR!P:D#.
BILLTO JEFFERSON COUNTY SHERIFF`S DEPT
1001 PEARL ST
BEAUMONT, TX 77703
For questions concerning this Invoice please contact
Motorola at: 1-800-422-4210
00002-00001-00001
Payment.Terms: NET 20 Motorola Federal Tax Id: 36.-1115800
Sales Order Number: 500001016272
Invoice Detail(Continued)
Dur(Mo.) Model Number Description Qty Unit Price Amount
12 GOLD SERIES ELITE 10 114.16 13,699.20
12 QUANTAR STATION 28 128.42 43,149.12
12 QUANTAR STATION 2 131.25 3,150.00
12 SITES) 1 0.02 0.24
12 SITES) 1 285.44 3,425.28
12 SITES) 5 285.45 17,127.00
12 SITE(S) 1 285..47 3,425.64
12 SITES) -. 1 289.42 3,473.04
12 SITES) 1 409.48 4,913.76
SVC01SVC2008C SP - NETWORK PREVENTATIVE MAINTENANCE
12 CLASSIC CRT CONSOLE 1 10.17 122.04
12 GOLD SERIES ELITE 10 10.17 1,220.40
12 QUANTAR STATION 28 10.17 3,417.12
12 QUANTAR STATION 2 12.50 300.00
12 SITE(S) 9 0.02 2.16
12 SITES) 1 57.47 689.64
SVC01SVC2009C SP - NETWORK MONITORING
12 CLASSIC CRT CONSOLE 1 8.49 101.88
12 GOLD SERIES ELITE 10 8:49 1,018.80
12 .. NETiJORK(S) 1 1,295..87 15,550.44
12 QUANTAR STATION 28 17.25 5,796.00
12 QUANTAR STATION 2 19.00 456.00
12 SITE(S) 1 0.01 0.12
12 SITES) 1 34.00 408.00
12 SITES) 3 44.00 1,584.00
12 SITE(S) 1 88.00 1,056.00
SVCOISVC2011C SP - DISPATCH SERVICES
12 CLASSIC CRT CONSOLE 1 8.49 101.88
12 GOLD SERIES ELITE 4 7.50 360.00
12 GOLD SERIES ELITE 6 8.49 611.28
12 QUANTAR STATION 2 7.00 168.00
12 QUANTAR STATION 27 7.50 2,430.00
INVOICE Page 1 of 3
MO TOROLA
TOTAL INVOiCEAMOUNT.: $1990232
1307 E. Algonquin Rd Schaumburg, IL 60196 MOTOROLA INVOICE NUMBER: 78144363
INVOICE DATE: 06/02/2010
PAYMENTDUE: 06/22/2010
Visit ourtiveb site at.wwwmotorola.com 1011951705 0001
- CUSTOMER ACCOUNT NUMBER:
PURCHASE ORDER DATE:
YOUR P:Ol1
1649
BILLTO JEFFERSON COUNTY SHERIFF'S DEPT
1001 PEARL ST
BEAUMONT, TX 77703
For questions concerning this invoice please contact
Motorola at 1-800-422-4210
00001-00001-00001
Payment=,Terms'< NET 20:
Motora}a:Federal Tax Id 6 74
Sales Order.Numtier.. SOOOOI015272 .
Invoice Detail
Dur(Mo.) Model Number Description Qty Unit Price Amount
BILLING FOR YOUR SERVICE AGREEMENT
SERVICE PERIOD FROM 01-MAY-10 TO 30-APR-11
MOTOROLA.CONTRACT ; SOOOOIO16272
SERVICES CONTRACTED:
SYCOISVC1101C INFRASTRUCTURE REPAIR WITH ADV REPL
12 SVC261AA ENH: CONVENTIONAL SITE 1 0.00 0.
12 SVC676AB QUANTAR 5 73.86 4,431.660
0
SVC01SVC1405C NETWORK PREVENTATIVE MAINTENANCE A
12 SVC212AA ENH: GROUND ACCESSIBLE STATION 5 15.50 930.00
12 SVC850AA SITE PM ACCESS, A 1 48.75 585.00
SVCO1SVC1413C ONSITE INFRASTRUCTURE RESPONSE SERVICE - PREMIER OP
12 SYC219AC STATIONS 5 126.00 7,560.00
SVCOISVC2007C SP - ONSITE INFRASTRUCTURE RESPONSE
12 CLASSIC CRT CONSOLE 1 114.16 1,369.92
(Continued on Next Page)
-- - Detach here:andreturn bottom portion with your payment.. -- - - lkiX
Payment Coupon
INVOICE NUMBER CUSTOMER ACCOUNT NUMBER PAYMENTDUE
Invoice Total Amount Paid
78144363 1011951705 0001 06/22/2010
$199,023.72
-apt vour I: v0i E0vmh it^1d your Caste^-ar Account. Rlrrsak�el'
-n Your Chassh for promr, processing.
Send Payment To:
JEFFERSON COUNTY SHERIFF'S DEPT AN
MOYOM0,LA
1001 PEARL ST
BEAUMONT, TX 77703 P.O. Box 404059
ATLANTA, GA 30384-4059
0708010404030603 1011951705 0001 GOOD 060210 0019902372 06
B
RICH WITH OPPORTUNITY
r
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Frank C. Coffin, Jr., Chief of Police
MEETING DATE: July 20, 2010
REQUESTED ACTION: Consider a Resolution authorizing the City Manager to
execute all documents necessary, specifically including a
contract, in order for the Southeast Texas Auto Theft Task
Force (City of Beaumont) to transfer a vehicle title to the
Jefferson County Sheriff's Office.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
The Texas Gov't. Code Ann. Sec. 791.001 allows local governments to contract with one another
to provide a governmental function that each local government is authorized to perform
individually. This year, the City of Beaumont, City of Port Arthur, Jefferson County, Hardin
County, Jasper County and Orange County entered into an Interlocal contract with each other,
forming a joint cooperative agency which is known as the Southeast Texas Auto Theft Task
Force. For fiscal year 2010, a supplemental grant of$56,710.00 was awarded specifically for the
purchase of three vehicles.
The Southeast Texas Auto Theft Task Force purchased a 2010 Chevrolet Silverado pickup truck
to replace a 2006 truck with approximately 95,000 miles that has been assigned to the Jefferson
County Sheriff's Investigator assigned to the task force. In 2006 the City of Beaumont and the
Southeast Texas Auto Theft Task Force entered in to an agreement with Jefferson County to
transfer the title of that vehicle to the county for maintenance and insurance purposes. Since the
agreement worked to the advantage of all parties, the task force is requesting that a similar
agreement be entered into, allowing the purchased 2010 vehicle to be transferred to Jefferson
County. The 2006 vehicle will be returned to the task force to be sold at auction for program
income, in accordance with the past agreement.
BUDGETARYIMPACT
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 all documents
necessary, specifically including a contract with the Southeast Texas Auto Theft Task
Force ("Task Force") and Jefferson County, to transfer title of a 2010 Chevrolet Silverado
pickup truck, purchased in the name of the City of Beaumont, to the Jefferson County
Sheriff's Office for maintenance and insurance purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of July,
2010.
- Mayor Becky Ames -
i
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1117LA►
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: July 20, 2010
REQUESTED ACTION: Council consider granting an Easement and Surface Use
Agreement with Cimarex Energy Company.
RECOMMENDATION
Administration recommends granting a four(4) acre Easement and Surface Use Agreement to
Cimarex Energy Company at the Beaumont Municipal Airport.
BACKGROUND
The Surface Use Agreement grants Cimarex a 4.0 Acre Drillsite Easement for the purpose of
drilling one (1) or more oil and/or gas wells. This Drillsite Easement is specifically for wellsite
"Beaumont Air No. 1."
By granting this easement, the City grants Cimarex permission to install pipeline, above and
below ground appurtenances and devices as needed for the operation and transmission of all
products produced.
Attached is a copy of the Easement and Surface Use Agreement for your review.
BUDGETARY IMPACT
The original land lease agreement provided Cimarex with the right to access the airport property.
There is no monetary consideration for granting the Easement and Surface Use Agreement.
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 four (4) acre Easement
and Surface Use Agreement, as described in Exhibit "A" and shown on Exhibit "B"
attached hereto, to Cimarex Energy Company for the purpose of drilling one (1) or more
oil and/or gas wells. The four (4) Acre Drillsite Easement is specifically for wellsite
"Beaumont Air No. 1." By granting this Easement, the City grants Cimarex permission to
install pipeline, above and below ground appurtenances and devices as needed for the
operation and transmission of all products produced.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of July,
2010.
- Mayor Becky Ames -
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION
FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
NUMBER.
EASEMENT AND SURFACE USE AGREEMENT
STATE OF TEXAS 5
5 KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON §
That, this EASEMENT AND SURFACE USE AGREEMENT (hereinafter referred to as
"Agreement")is made and entered into by and between the City of Beaumont,whose address is 801 Main
Street, Beaumont, TX 77701 (hereinafter referred to as "Surface Owner" whether one or more), and
Cimarex Energy Co.,its successors and assigns (hereinafter referred to as"Operator"),whose address is 15
E 51�Street,Suite 1000,Tulsa,OK 74103.
For the sum of Ten and no/100 Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged,Surface Owner GRANTS,BARGAINS,SELLS
and CONVEYS exclusively unto Operator,per the FAA Guidelines and Regulations,the right,privilege and
easement for the purpose of drilling for and producing oil,gas and other minerals,injecting gas,water and
other fluids, and air into subsurface strata, laying pipelines, land farming, building roads, tanks, power
stations, telephone lines and other structures thereon and on, over, across, through and under that certain
tract of land being situated in the Ashael Savery Survey, Abstract 46,Jefferson County, Texas, and being
more particularly described to wit: (hereinafter referred to as"Surface Owner Lands'
(Legal Description)
"SEE EXHIBIT A FOR PLAT"
NOW,THEREFORE,Surface Owner and Operator hereby agree as follows:
(Drillsite Tract)
1. Operator shall have the exclusive right to use that certain Drillsite Easement tract,being 4.0 acres of
land,more or less,depicted on a plat marked as Exhibit"A"attached hereto and made a part hereof
and identified as the"4.0 Acre Drillsite Easement"(hereinafter referred to as"Drillsite Tract"),for a
surface drillsite location for the purpose of drilling one(1)or more oil and/or gas wells.
(Access Road)
2. Notwithstanding anything herein contained to the contrary,it is understood and agreed that Surface
Owner reserves the right to use the Access Road for ingress and egress across the Surface Owner
Lands in a manner and for purposes that will not interfere with Operator's full enjoyment of its
rights, and that Surface Owner shall not permanently obstruct the Access Road and the Surface
Owner reserves the right to have the Access Road removed after the termination of this Agreement.
(Pipelines)
i
3. Surface Owner grants Operator permission and the right to lay,construct,maintain,operate,repair,
replace, protect, relocate, alter,remove or abandon in place one (1) or more pipeline(s) including,
cathodic protection equipment, above ground and below-ground appurtenances, and any and all
other devices, equipment with the use and convenient operation of said pipeline, for the
transportation of oil,gas,petroleum products or gaseous hydrocarbons,including products thereof,
water and any other materials, through a pipeline on, over, through, across, and under the Surface
Owner Lands. All such lines shall be constructed in a manner that is usual, customary and
reasonable based on the practice in the oil and gas industry for the area. Operator agrees to bury all
permanent pipelines at least thirty-six(36)inches below the surface and restore the ground surface as
nearly as practicable to the original contour which existed immediately prior to the commencement
of any work.
Page 1 of 3
EXHIBIT "A"
(Surface Considerations and Indemnifications)
4 Operator agrees to use reasonable care at all times in all of Operators operations on the Surface
Owner Lands to prevent injury or damage to buildings, fences, or other property belonging to
Surface Owner. Operator agrees to pay Surface Owner for all additional damages,if any,caused by
its operations or activities, other than damages to the land in conjunction with use of the Drillsite
Tract,and Access Road,including other damage done or caused to be done to all buildings, fences,
and other improvements. In this regard, Operator shall pay the reasonable and actual damages
caused by Operator's operations based upon the reasonable value of the damaged property at the
time the damage occurs.
5 Surface Owner and Operator agree that for and in the consideration herein stated, Surface Owner
does hereby release Cimarex Energy Co.,its successors,partners,agents and assigns from any and
all claims, demands and causes of actions which the undersigned may have or may be entitled to
assert for damages to crops,timber and all other things growing or situated upon the Surface Owner
Lands, caused by or resulting from operations in connection with said Drillsite Tract and Access
Road.
6 OPERATOR AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS SURFACE
OWNER AND SURFACE O%VNER'S TENANTS,HEIRS,SUCCESSORS AND ASSIGNS AND
THEIR OFFICERS,AGENTS,SERVANTS,AND EMPLOYEES FROM AND AGAINST ANY
AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS, AND LIABILITY
OF EVERY KIND,INCLUDING ALL EXPENSES OF LITIGATION,COURT COSTS,AND
ATTORNEY'S FEES,FOR INJURY TO AND/OR DEATH OF ANY PERSON AND/OR FOR
DAMAGE TO ANY PROPERTY (INCLUDING WITHOUT LIMITATION
ENVIRONMENTAL DAMAGE OR POLLUTION) DIRECTLY OR INDIRECTLY ARISING
OUT OF OR IN CONNECTION WITH OPERATOR'S USE OR OCCUPANCY OF THE
PREMISES OR OPERATIONS HEREUNDER, IF SUCH INJURIES, DEATH,OR DAMAGE
ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, OTHER FAULT,
AND/OR STRICT LIABILITY OF OPERATOR, OPERATOR'S HEIRS, SUCCESSORS,
ASSIGNS, CONTRACTORS, OR SUB-CONTRACTORS OR THEIR OFFICERS, AGENTS,
SERVANTS, OR EMPLOYEES. THIS INDEMNITY AGREEMENT SHALL PROTECT
SURFACE OWNER AND SURFACE OWNER'S TENANTS, HEIRS, SUCCESSORS AND
ASSIGNS AND THEIR OFFICERS. PROVIDED, HOWEVER, THAT THE ABOVE
INDEI\,INITY AGREEMENT SHALL NOT PROTECT SURFACE OWNER, SURFACE
OWNER'S TENANTS, HEIRS, SUCCESSORS OR ASSIGNS, OR THEIR OFFICERS,
AGENTS, SERVANTS, OR EMPLOYEES AGAINST THE CONSEQUENCES OF THEIR
OWN GROSS NEGLIGENCE OR INTENTIONAL INJURY. OPERATOR HAS INSPECTED
THE PREMISES AND COVENANTS NOT TO SUE SURFACE OWNER, SURFACE
OWNER'S TENANTS, HEIRS, SUCCESSORS OR ASSIGNS, OR THEIR OFFICERS,
AGENTS, SERVANTS, OR EMPLOYEES BECAUSE OF ANY PRESENTLY EXISTING
DEFECTIVE CONDITION IN,UPON,OR AROUND THE SURFACE OWNER LANDS.
(1% iscellaneous Provisions)
This Agreement shall be interpreted under the laws of the State of Texas.
7 Operator may assign its rights and interests acquired by virtue of this Agreement. This agreement
shall extend to and be binding upon the parties hereto,their successor and assigns.
8 That die undersigned warrant and represent that he/she is entitled either as Surface Owner(s),or as
otherwise stated, to execute this Agreement and release and receive said consideration and hereby
covenant to account to any other person legally due any portion of the consideration herein paid.
IN WITNESS WHEREOF, this Agreement is executed as of the day of
2010.
SURFACE OWNER:
City of Beaumont
Kyle Haves,City Manager
Page 2 of 3
STATE OF TEXAS
COUNTY OF JEFFERSON
This instrument was acknowledged before me on the _ day of 2010, by Kyle
Haves,City Manager,for the City of Beaumont.
Notary Public,State of Texas
My Commission Expires:
Page 3 of 3
EXHIBIT "B"
Fj..fl---n ]o.O..Boa 391 ee,T;7'1656 191,1T7.f2
09)369-5766 3,971,057.70 De9idnr1l 3A1409)385-0936 b391i{ita9/"17907DM6'W 90116 FAABMT2.DWG CBS sh Cased tae 8110 N 1.10 YC9ad5ab 6/26]755
YCaadW 6UA85,AI
lsy,Texas % 7.51266712 %COaldlae 3,512 ,1 NA067 NAOp _
Ltled9 36'0137A19NM L*14. 30'U-55520OrR
L 14wifffew r L 61
ALMONZER HUSTON SURVEY
A-33
S
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v-
8.1 Scale 1" 1000'
Ex—0 PR GL
Iwwl Hxe:RI
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Rmway 13 E
�•t,` Ex 2P YAOe� a \
Ghee Red. \
sa`, •...\•\•\•\ ,\•\..l 1 Runway
\ , ,16 End B
Proposed Well Location
"Cimarex Energy,Co.,
Jefferson Airplane No.4" R away 3,EDa X
1
Proposed Well Location
"Cimarex Ene rgy,
Beaumont Air No..1" 155.1'
,Sal.
Ee.om F�,�,aNU S+Nf
HM
Tlecl Una
ASHAEL SAVERY SURVEY
�w " Sulfate Locelbn
A-46
'Cimenex E mgy.Co.,
J.9nr—Atiplane No.1'
NAD 27 CoorrNnates(Central Zone):
V=198,025.68
X a 3,934,059.76
LaOlude:30'03'53.68461"N
Lagilode 84.13'00.39209"W
nAD 2f Cvalrrlef 1500U Ga,N 2awy.
Y:012,]]T.60
Sketch Showing
Proposed Well Site
NOTE: Al The
ALL THE HORIZONTAL CONTROL IS REFERRED TO THE TEXAS Beaumont Municipal Airport
STATE PLANE COORWHATE SYSTEM,LAMBERT PROJECTION, For The
CEN7AAL2ONE(PER CLIENT REQUEST), tl Cimarex Energy,Co.,
NAD 27 DATUM.ALL BEARINGS, TT�] ,1
DISTANCES AND ACREAGES ARE GRID. BeallrnonYAlr No.in
TRACT INFORMATION SHOWN HEREON In The
WAS DONE SO BY DEED RECORD INFORMATION ASHAEL SAVERY SURVEY
AND LIMNED SURVEY DATA AND DOES HOT
REFLECT AN ACTUAL SURVEY. Abstract 46
THIS IS COPYRIGHTED MATERIAL AND THE PROPERTY OF 1.p.s.:. Fr...l5 9
SHINE 6 JOHNSTON,INC.ALL RIGHTS RESERVED.0 2010. P,.p...d in tho ffl—of Shine&Johnston,Inc.
D
RICH WITH OPPORTUNITY
BEA,UMON*
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
�f
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: July 20, 2010
REQUESTED ACTION: Council consider granting an Easement and Surface Use
Agreement with Cimarex Energy Company.
RECOMMENDATION
Administration recommends granting a four(4) acre Easement and Surface Use Agreement to
Cimarex Energy Company at the Beaumont Municipal Airport.
BACKGROUND
The Surface Use Agreement grants Cimarex a 4.0 Acre Drillsite Easement for the purpose of
drilling one (1) or more oil and/or gas wells. This Drillsite Easement is specifically for wellsite
"Jefferson Airplane No. 4."
By granting this easement, the City grants Cimarex permission to install pipeline, above and below
ground appurtenances and devices as needed for the operation and transmission of all products
produced.
Attached is a copy of the Easement and Surface Use Agreement for your review.
BUDGETARYIMPACT
The original land lease agreement provided Cimarex with the right to access the airport property.
There is no monetary consideration for granting the Easement and Surface Use Agreement.
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 four(4) acre Easement
and Surface Use Agreement, as described in Exhibit "A" and shown on Exhibit "B"
attached hereto, to Cimarex Energy Company for the purpose of drilling one (1) or more
oil and/or gas wells. The four (4) Acre Drillsite Easement is specifically for wellsite
"Jefferson Airplane No. 4." By granting this Easement,the City grants Cimarex permission
to install pipeline, above and below ground appurtenances and devices as needed for the
operation and transmission of all products produced.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of July,
2010.
- Mayor Becky Ames -
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION
FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
NUMBER.
EASEMENT AND SURFACE USE AGREEMENT
STATE OF TEXAS §
§ ENOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON g
That, this EASEMENT AND SURFACE USE AGREEMENT (hereinafter referred to as
"Agreement")is made and entered into by and between the City of Beaumont,whose address is 801 Main
Street, Beaumont, TX 77701 (hereinafter referred to as "Surface Owner" whether one or more), and
Cimarex Energy Co.,its successors and assigns(hereinafter referred to as"Operator'),whose address is 15
E 51"Street,Suite 1000,Tulsa,OK 74103.
For the sum of Ten and no/100 Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged,Surface Owner GRANTS,BARGAINS, SELTS
and CONVEYS exclusively unto Operator,per the FAA Guidelines and Regulations,the right,privilege and
easement for the purpose of drilling for and producing oil,gas and other minerals,injecting gas,water and
other fluids, and air into subsurface strata, laying pipelines, land farming, building roads, tanks, power
stations, telephone lines and other structures thereon and on,over, across, through and under that certain
tract of land being situated in the Ashael Savery Survey, Abstract 46,Jefferson County,Texas, and being
more particularly described to wit:(hereinafter referred to as"Surface Owner Lands'
(Legal Description)
"SEE EXHIBIT A FOR PLAT"
NOW,THEREFORE,Surface Owner and Operator hereby agree as follows:
(Drillsite Tract)
1. Operator shall have the exclusive right to use that certain Drillsite Easement tract,being 4.0 acres of
land,more or less,depicted on a plat marked as Exhibit"A"attached hereto and made a part hereof
and identified as the"4.0 Acre Drillsite Easement"(hereinafter referred to as"Drillsite Tract',for a
surface drillsite location for the purpose of drilling one(1)or more oil and/or gas wells.
(Access Road)
2. Notwithstanding anything herein contained to the contrary,it is understood and agreed that Surface
Owner reserves the right to use the Access Road for ingress and egress across the Surface Owner
Lands in a manner and for purposes that will not interfere with Operator's full enjoyment of its
rights, and that Surface Owner shall not permanently obstruct the Access Road and the Surface
Owner reserves the right to have the Access Road removed after the termination of this Agreement.
(Pipelines)
3. Surface Owner giants Operator permission and the right to lay,construct maintain,operate,repair,
replace,protect, relocate,alter,remove or abandon in place one (1) or more pipeline(s)including,
cathodic protection equipment, above ground and below-ground appurtenances, and any and all
other devices, equipment with the use and convenient operation of said pipeline, for the
transportation of oil,gas,petroleum products or gaseous hydrocarbons,including products thereof,
water and any other materials,through a pipeline on, over, through, across,and under the Surface
Owner Lands. All such lines shall be constructed in a manner that is usual, customary and
reasonable based on the practice in the oil and gas industry for the area. Operator agrees to bury all
permanent pipelines at least thirty-six(36)inches below the surface and restore the ground surface as
nearly as practicable to the original contour which existed immediately prior to the commencement
of any work.
Page 1 of 3
EXHIBIT "A"
(Surface Considerations and Indemnifications)
4 Operator agrees to use reasonable care at all times in all of Operator's operations on the Surface
Owner Lands to prevent injury or damage to buildings, fences, or other property belonging to
Surface Owner. Operator agrees to pay Surface Owner for all additional damages,if any,caused by
its operations or activities,other than damages to the land in conjunction with use of the Drillsite
Tract,and Access Road,including other damage done or caused to be done to all buildings,fences,
and other improvements. In this regard, Operator shall pay the reasonable and actual damages
caused by Operators operations based upon the reasonable value of the damaged property at the
time the damage occurs.
5 Surface Owner and Operator agree that for and in the consideration herein stated,Surface Owner
does hereby release Cimarex Energy Co.,its successors,partners,agents and assigns from any and
all claims, demands and causes of actions which the undersigned may have or may be entitled to
assert for damages to crops,timber and all other things growing or situated upon the Surface Owner
Lands, caused by or resulting from operations in connection with said Drillsite Tract and Access
Road.
G OPERATOR AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS SURFACE
OWNER AND SURFACE OWNER'S TENANTS,HEIRS,SUCCESSORS AND ASSIGNS AND
THEIR OFFICERS,AGENTS,SERVANTS,AND EMPLOYEES FROM AND AGAINST ANY
AND ALL CLAIMS,LOSSES, DAMAGES, CAUSES OF ACTION, SUITS,AND LIABILITY
OF EVERY KIND,INCLUDING ALL EXPENSES OF LITIGATION,COURT COSTS,AND
ATTORNEY'S FEES,FOR INJURY TO AND/OR DEATH OF ANY PERSON AND/OR FOR
DAMAGE TO ANY PROPERTY (INCLUDING WITHOUT LIMITATION
ENVIRONMENTAL DAMAGE OR POLLUTION)DIRECTLY OR INDIRECTLY ARISING
OUT OF OR IN CONNECTION WITH OPERATOR'S USE OR OCCUPANCY OF THE
PREMISES OR OPERATIONS HEREUNDER,IF SUCH INJURIES,DEATH,OR DAMAGE
ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, OTHER FAULT,
AND/OR STRICT LIABILITY OF OPERATOR, OPERATOR'S HEIRS, SUCCESSORS,
ASSIGNS, CONTTRACTORS, OR SUB-CONTRACTORS OR THEIR OFFICERS, AGENTS,
SERVANTS, OR EMPLOYEES. THIS INDEMNITY AGREEMENT SHALL PROTECT
SURFACE OWNER AND SURFACE OWNER'S TENANTS, HEIRS, SUCCESSORS AND
ASSIGNS AND THEIR OFFICERS. PROVIDED, HOWEVER, THAT THE ABOVE
INDEMNITY AGREEMENT SHALL NOT PROTECT SURFACE OWNER, SURFACE
OWNER'S TENANTS, HEIRS, SUCCESSORS OR ASSIGNS, OR THEIR OFFICERS,
AGENTS, SERVANTS, OR EMPLOYEES AGAINST THE CONSEQUENCES OF THEIR
OWN GROSS NEGLIGENCE OR INTENTIONAL INJURY. OPERATOR HAS INSPECTED
THE PREMISES AND COVENANTS NOT TO SUE SURFACE OWNER, SURFACE
OWNER'S TENANTS, HEIRS, SUCCESSORS OR ASSIGNS, OR THEIR OFFICERS,
AGENTS, SERVANTS, OR EMPLOYEES BECAUSE OF ANY PRESENTLY EXISTING
DEFECTIVE CONDITION IN,UPON,OR AROUND THE SURFACE OWNER LANDS.
(Miscellaneous Provisions)
This Agreement shall be interpreted under the laws of the State of Texas.
7 Operator may assign its rights and interests acquired by virtue of this Agreement. This agreement
shall extend to and be binding upon the parties hereto,their successor and assigns.
8 That the undersigned warrant and represent that he/she is entitled either as Surface Owner(s),or as
otherwise stated,to execute this Agreement and release and receive said consideration and hereby
covenant to account to any other person legally due any portion of the consideration herein paid.
2010. IN WITNESS WHEREOF,this Agreement is executed as of the day of
SURFACE OWNER:
City of Beaumont
Kyle Hayes,City Manager
Page 2 of 3
STATE OF TEXAS
COUNTY OF JEFFERSON �
This instrument was acknowledged before me on the _ day of 2010, by Kyle
Hayes,City Manager,for the City of Beaumont.
Notary Public,State of Texas
My Commission Expires:
Page 3 of 3
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Jefferson Airplane ND.4'
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Trod Llne
Troa�^° ASHAEL SAVERY SURVEY
Surrace Location A-46
'Cimarex Energy.Co.,
Jefferson Airplane No.1'
NAD 27 coordinates(Cenual Zone(:
Y=198,025.68
X=3,933,059.76
Latitude=30'03'53.68461'N
Longitude=93613'00.39209'W
4LaD 2l Cmiulea 18evu1 Cemral2nneX
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Sketch Showing
Proposed Well Site
NOTE: At The
ALLTHE HORIZONTAL CONTROL IS REFERRED TO THE TEXAS Beaumont Municipal Airport
STATE PLANE COORDINATE SYSTEM,LAMBERT PROJECTION, For Th
CENTRAL ZONE(PER CLIENT REQUEST). e
NA027 DATUM.ALL BEARINGS. "Cimarex Energy,Co.,
DISTANCES AND ACREAGES ARE GRID,
Jefferson Airplane No.4"
TRACT INFORMATION SHOWN HEREON In The
WAS DONE SO BY DEED RECORD INFORMATION ASHAEL SAVERY SURVEY
AND LIMrrFD SURVEY DATA AND DOES NOT
REFLECT AN ACTUAL SURVEY. Abstract 46
THIS IS COPYRIGHrEO MATERIAL AND THE PROPERTY OF Jt rM� Nom""�" 5-
SHINE SJOHNSTON,INC.ALL RIGHTS RESERVED.C 2010. Preporsd in the olhce5 cf Shine G Johnston,Inc.
I
I
E
RICH WITH OPPORTUNITY
r
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: July 20, 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 service to
facilities at 410 Interstate 10 South.
BACKGROUND
L& L Realty Partnership has agreed to convey a 10 foot wide exclusive Waterline Easement to
the City of Beaumont. The easement, out of the Noah Tevis Survey, will provide mandatory
access to the water lines and fire hydrants for the Del Papa Distributing Co. [410 Interstate 10
South] and would also allow for the construction, alteration, operation and maintenance of the
said water line and appurtenances.
BUDGETARY IMPACT
None.
\engdelpapa-ib
14 July 2010
RESOLUTION NO.
WHEREAS, L& L Realty has offered to convey a ten foot(10')wide exclusive water
line easement, out of the Noah Tevis League, as described in Exhibit "A" and shown on
Exhibit "B" attached hereto, to the City of Beaumont for the purpose of providing water
service and mandatory access to water lines and fire hydrants for the Del Papa Distributing
Co., 410 Interstate 10 South, and allowing for the construction, alteration, operation and
maintenance of 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 L& L Realty Partnership, 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 20th day of July,
2010.
- Mayor Becky Ames -
i '
ARCENEAUX d GATES
ARCENEAUX Consulting Engineers, Inc.
GATES Engineers • Surveyors • Planners
METES AND BOUNDS DESCRIPTION FOR
A 10 FEET WIDE WATERLINE EASEMENT SITUATED
IN THE NOAH TEVIS SURVEY,ABSTRACT NO. 52 AND
THE DAVID BROWN SURVEY,ABSTRACT NO.5
BEAUMONT,JEFFERSON COUNTY,TEXAS
Being a 10 feet wide tract or parcel of land, a portion of that certain tract of land(called 8.635
acres) as conveyed by deed dated December 28, 1995 from Del Papa Management Corporation
to L&L Realty Partnership, recorded in Clerk's File No. 96-9605256, of the Official Public
Records of Real Property, County Clerk's Office, Jefferson County, Texas, as situated in and a
part of the Noah Tevis Survey, Abstract No. 52 and the David Brown Survey, Abstract No. 5 of
said County and being more particularly described by metes and bounds as follows;
FOR LOCATIVE PURPOSES, commence at a %z"steel rod found located at the intersection of
the South line of Hollywood Avenue with the East line Jefferson County Drainage District No. 6
HilIebrandt Bayou 150 feet wide drainage easement as recorded in Volume 251, Page 165 of the
Deed Records of said County, this point marks the Northwest corner of said 8.635 acre tract;
THENCE North 83 deg. 29 min. 30 sec. East along the South line of said Hollywood Avenue
with the North line of said 8.635 acre tract a distance of 181.00 feet to a point marking the
Northwest corner and POINT OF BEGINNING of the herein described tract of land;
THENCE North 83 deg:. 29 min. 30 sec. East continuing along the South line of Hollywood
Avenue and North line of said 8.635 acre tract a distance of 10.00 feet to a point marking the
Northeast corner of the herein described tract of land;
THENCE South 06 deg. 30 min. 30 sec. East along the East line of this tract a distance of
345.00 feet to a point marking the Southeast corner of the herein described tract of land;
THENCE South 83 deg. 29 min. 30 sec. West along the South line of this tract a distance of
10.00 feet to a point marking the Southwest corner of the herein described tract of land;
THENCE North 06 deg. 30 min. 30 sec. West along the West line of this tract a distance of
345.00 feet to the Northwest corner and POINT OF BEGINNING and containing in area 0.051
EXHIBIT "A"
L:41SG SUIIYEYDiMUEPDS k DDUNDSLOIONOA19.d-
One Turtle Creelc Suuare 3501 Turtle Creels Dr..Suite 102 Port Arthur.TX 77642 4(19/724.7989 FAY 4(iR 172d.1d47
acres in the Noah Tevis Survey and 0.028 acres in the David Brown Survey for a total area of
0.079 acres of land,more or less.
Surveyed: April, 2010
BOB) DDGES
JOHN R.(...... K.... ...V
o,A 4583 :� V
°PC- -X �l Jo - Hodges R.P.L. .!#4583
a N6 SlJ1;v . (Bob)) g
Notes:
An Exhibit of even date is being submitted with and being made part of this Metes and Bounds
Description.
Bearings referenced to the common line of the Noah Tevis and David Brown Surveys,due East—
West.
Page 2 of 3
Z.U&G SUAVCYINGkWIES&DOUNOSl2010110.019A.
�10�- 200
SCALE IN FEET
HOLLYWOOD A\/ENUE
60' ROW S 08 016'00" E 33.97'
l E 980.18'
sl � S 11°2745"E 81.55'
N -- 30
POC PCB DEL PAPA MANAGEMENT CORP.
FND. N N 83'29'30" E 10.00' TO
1�2^ 18}.00 z 0 0.051 ACRES L 8 L REALTY PARTNERSHIP }W!~Sfi 200.00'
S.R. o f w OUT OF (DBA DEL PAPA DISTRIBUTORS) n OAK FARMS DAIRY
° NOAH TEViS SURVEY 12/28/1995 CiO ASSOC►AT�D TAX
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cn o ASST. No. 52 cn S Z
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-
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�t'S j tr 0.079 ACRES TOTAL U.!� a a� U1 -
LP ri cAt S 83'23'30" W 10.00' o ¢
4 0.028 ACRES ° rn o DAVIS REAL PROPERTIES LTD.
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WEST 393.07'
JEFFERSON COUNTY DRAINAGE DISTRICT#6 80'WIDE EASEMENT
VOL.971, PAGE 577 D.R.J.C.(FANNIN STREET DI
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BEARINGS REFERENCED TO THE
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SURVEY AND THE DAVID BROWN
SURVEY - DUE EAST-WEST
EXHIBIT SHOWING PAGE
A PROPOSED IT WIDE WATERLINE EASEMENT 3
SITUATED IN
mARCENEAUX & GATES THE NOAH TEVIS SURVEY ABST. No. 52 OF
Consulting EnyInears. Inc. AND THE DAVID BROWN SURVEY ABST. No. 5
Baeinccrr surveycra Plrmacra BEAUMONT,JEFFERSON COUNTY,TEXAS c =01 Turtle Cra.1; Urir suit- 102
cro,r n ,� Port 409)7ai---780D 76;2 DATE: 04-27-201D SCALE: 1"=200' DRAWN: TMR
PROJ. No.: LS10-D19 VER.: AutoCAD 2010 I CHECKED: JEDCHIBIT "B"
F
RICH WITH OPPORTUNITY
[IEA,111�IU111�9(
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, of Public Works
MEETING DATE: July 20, 2010
REQUESTED ACTION: Council consider authorizing the acceptance of a sanitary
sewer easement off Pine Street.
RECOMMENDATION
The Administration recommends acceptance of a ten(10) foot wide sanitary sewer easement to
provide access for sanitary sewer services to the church property located off Pine Street.
BACKGROUND
The Magnolia Baptist Church has agreed to convey a ten [10] foot wide Sanitary Sewer
Easement to the City of Beaumont. The Sanitary Sewer Easement [0.013 acre out of Lot 12,
Block 1 of the First Addition to North Addition] will provide sewer services for the Magnolia
Missionary Baptist Church located off Pine Street near Lethia and would also allow for the
construction, alteration, operation and maintenance of the said sanitary sewer line and
appurtenances.
BUDGETARY IMPACT
None.
\engmagnol ia_baptist-ib
14 July 2010
RESOLUTION NO.
WHEREAS, Magnolia Baptist Church has offered to convey a ten foot (10') wide
sanitary sewer easement, being 0.013 acre out of Lot 12, Block 1 of the First Addition to
North Addition, as described in Exhibit "A" and shown on Exhibit "B" attached hereto, to
the City of Beaumont for the purpose of providing sanitary sewer services for the Magnolia
Missionary Baptist Church located off Pine Street near Lethia, and allowing for the
construction, alteration, operation and maintenance of said sanitary sewer 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 Magnolia Baptist Church, 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 Beaumontthis the 20th day of July,
2010.
Mayor Becky Ames -
i
WART_E C H "Recognizing the landmarks of the past....setting our foresight towards the future"
LAND SURVEYORS, INC.
Richard L.Woringy,RPLS
J.L.Sims,Jr.,RPLS
EXHIBIT "A"
Page 1 of 3
June 14, 2010
Surveyor's Field Note Description: 0.013 Acre Exclusive City Sewer Line Easement
BEING a 0.013 acre (550.00 square feet) tract of land (Exclusive City Sewer Line Easement)
out of and a part of that certain Magnolia Baptist Church tract of land, more fully described and
recorded in Volume 691, Page 399 of the Deed Records of Jefferson County, Texas and also
being out of and a part of Lot 12 out of Block 1 of the First Addition to North Addition to
Beaumont, more fully described and recorded in Volume 4, Page 124 of the Map Records of said
Jefferson County, Texas. Said 0.013 acre (550.00 square feet) tract of land (Exclusive City
Sewer Line Easement) being situated in the James Drake Survey, Abstract No. 18, Jefferson
County, Texas and being more particularly described as follows:
COMMENCING at a 5/8 inch iron rod with cap stamped "Wortech Surveyors" set at the
Southwest corner of Lot 14, Block 1, said First Addition to North Addition, same being the
Southwest corner of that certain Trinity Valley Association tract of land, more fully described
and recorded in Volume 341, Page 493 of said Deed Records, same being the intersection of the
East line of Pine Street (60 feet wide right-of-way) with the North line of Lethia Avenue (60 feet
wide right-of-way), from which a 1/2 inch iron rod found bears South 85 deg. 18 min. 40 sec.
West 5.29 feet;
Thence North 87 deg. 18 min. 40 sec. East, along and with the South line of said Lots 12, 13 and
14, same being the South line of said Trinity Valley Association Tract and said Magnolia Baptist
Church tract, same being the North line of said Lethia Avenue, a distance of 143.10 feet to a
point for the PLACE OF BEGINNING of the herein described tract;
THENCE North 04 deg. 41 min. 20 sec. West, a distance of 55.00 feet to a point for the most
Southerly Southwest corner of that certain existing City of Beaumont Sewer Easement, more
fully described and recorded in Volume 1366, Page 506 of said Deed Records;
THENCE North 85 deg. 18 min. 40 sec. East, along and with the South line of said existing
Sewer Easement, a distance of 10.00 feet to a point for the Southeast corner of said existing
Sewer Easement, same being in the East line of said Magnolia Baptist Church tract, same being
the East line of said Lot 12, same being the West line of that certain Magnolia Missionary
Baptist Church tract of land, more fully described and recorded in Clerk's File No. 9624747 of
the Official Public Records of Jefferson County, Texas, same being the West line of Lot 11 of
said First Addition to North Addition;
1480 Cornerstone Court
Beaumont,Texas 77706
Tel: 409,866.9769 Fax: 409.866.7075.
wwW.Wortech.con�
EXHIBIT "A"
W,Pj RTECH
LAND SURVEYORS, INC.
EXHIBIT"A"
Page 2 of 3
0.013 Acre Exclusive City Sewer Line Easement
THENCE South 04 deg. 41 min. 20 sec. East, along and with the East line of said Magnolia
Baptist Church tract, same being the East line of said Lot 12, same being the West line of said
Magnolia Missionary Baptist Church tract, same being the West line of said Lot 11, a distance of
55.00 feet to a point for the Southeast corner of said Lot 12 and said Magnolia Baptist Church
tract, same being the Southwest corner of said Lot 11 and said Magnolia Missionary Baptist
Church tract, same being in the North line of said Lethia Avenue;
THENCE South 85 deg. 18 min. 40 sec. West, along and with the South line of said Lot 12 and
said Magnolia Baptist Church tract, same being the North line of said Lethia Avenue, distance of
10.00 feet to the PLACE OF BEGINNING, containing 0.013 acre (550.00 square feet) of land,
more or less.
(This description is based upon a survey made on the ground under my direct supervision on
April, 2010 and is being submitted along with a survey plat showing the property and facts found
as described herein. All bearings are referenced to Texas Coordinate System of 1983, South
Central Zone `4204' (US Survey Foot). All distances and acreages are sui face with a scale
factor of 1.00007 applied.)
Registered Professional Land Surveyor
i�
EXCLUSIVE CITY SEWER LINE EASEMENT
CORNER NOTES
j Q 5/8"IRON ROD WITH CAP STAMPED"WORTECH SURVEYORS"SET FOR CORNER
FROM WHICH A 1/2"IRON ROD FOUND BEARS S85°18'40"W 5.29'.
10, 15' 30' 60' Q 5/8"IRON ROD WITH CAP STAMPED"WORTECH SURVEYORS"SET FOR CORNER
mmmmummoml FROM WHICH A 5/8"IRON ROD WITH CAP STAMPED"M.W.WHITELEY&
SCALE:1"=30' ASSOCIATES"FOUND BEARS S82°27'34"W 5.05'.
1 Q 5/8"IRON ROD WITH CAP STAMPED"WORTECH SURVEYORS"SET FOR CORNER.TO
NATHAN J&ANGEL M THOMAS DpITIQ ONTO BOUNDARY LINE TABLE
CAFLNO 200 003291 FlXSTNAD�IQNT 124 ILINE BEARI 0'E DISTA0.00'
O.P.R.J.C. N( BEA 4 pA6L L2 S85°18'40"W 10.00'
TRACTS
MAGNOLIA MISSIONARY VOL U#'g-
BAPTIST �C,CHURCH
C.F.NO.2002009369
O.P.RA.C. I I I FRANK DAVID&IDA MAE PORTER
ACCT.NO.046760-000-001 100-00000-2
J.C.A.D.
Z KE StjR bvEy I �--
JAyBS9 ACT NQ I I i MAGNOLIA BAPTIST MISSIONARY
A C.F.t�10.2000000071
I
CITY OF BEAUMONT O.P.R.J.C.
a' I SEWER EASEMENT
14 13 I 12 VOL.D.R.J.C.
PG.506
D.R.J.C.
o EXCLUSIVE CITY 00
b a SEWER LINE EASEMENT p c~
550.00 SQ.FT. b L1 '� 1 8 ° ��
c� w .i 0.013 ACRE o v3 o
wr(n v~iw O 17 F�
V /
n w o° A MAGNOLIA MISSIONARY
r° MAGNOLIA BAPTIST CHURCH BAPTIST CHURCH
z VOL.691,PG.3991 0 C> MAGNOLIA MISSIONARY C.F.No.9721040
m D.R.J.C. cV rl BAPTIST CHURCH O.P.R.J.C.
!-� BUCK/ U C.F.NO.9624747
POC I POB C:)
o
O.P.R.J.C.
z o
N85°18'40"E 143.10' LZ S85°18'40"W 200.00'
T 0
S85°18'40"W 353.10'
LETHIA AVENUE
(60'PUBLIC R.O.W.)
ABBREVIATIONS
VOL. VOLUME
PG, PAGE
C.F. CLERICS FILE
D.RJ.C. DEED RECORDS DELAWARE ST IT
JEFFERSON COUNTY
O.RR.J.C. OFFICIAL PUBLIC RECORDS PROJECT
JEFFERSON COUNTY
No. NUMBER SITE
POC PLACE OF COMMENCING 4
POB PLACE OF BEGINNING T� 2
O
ALL BEARINGS ARE REFERENCEDTO THE TEXAS 9
COORDINATE SYSTEM OF 1983,SOUTH CENTRAL N�
ZONE'4204'(US SURVEY FOOT).ALL DISTANCES
AND ACREAGES ARE SURFACE WITH A SCALE
FACTOR OF 1.00007 APPLIED.
ALL EASEMENTS SHOWN HEREON WERE
PROVIDED IN THE TITLE AND EASEMENT REPORT
BY OLD REPUBLIC NATIONAL TITLE INSURANCE
COMPANY.G.F.No.11823-MM,EFFECTIVE y
DATE OF MAY 10,2010.
SUBMITTING INFORMATION: VICINITY T7 i{ /1 n
MAGNOLIA MISSIONARY BAPTIST CHURCH 1 Vll-�r
2830 PINE STREET-BEAUMONT.TEXAS 77703
TTN:PASTOR DWIGHT BENOIT 403832-2258 N.T.S.
2010.029 SURVEYOR'S CERTIFICATION
701/26-27,37-38,45-48
MAG THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SIXHIBIT
PLAT ACCURATELY REPRESENTS AN ON THE GROUND SU
6/14/2010 MADE UNDER MY DIRECT SUPER VISION ON APRIL 14,20101"=30' BEING SUBMITTED ALONG WITH THE SURVEYOR'S FIELD
DESCRIPTION OF THE PROPERTY SHOWN HEREON,WHIC
W�'�„RT E C H JEFFERSON COUNTY,TEXAS.
LAND SUR-%-FY0.JPS, 111C.
Gladly',AvenLl_ SWt
6,a,:m<,nt,T,-xa-.77')!; I rly
T!,L 401'.f,"E;.<r?Ci9 THIS DOCUMENT NOT VALID
F,,Y,:£t�;5Ju7 WITHOUT ORIGINAL SEAL AND REGISTERED PROFESSIONAL LAND SURVEYOR
•�,�•r4s,eiC,si i<'h.�.nn I SIGNATURE OF PERSON CERTIFYING
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T • E - X - A - S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JULY 20, 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/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider adopting an ordinance approving the institution of a Cost of Service
Adjustment rate schedule by CenterPoint Energy which provides for an annual
rate cost of service and rate base adjustment based upon the Company's annual
cost data
WORK SESSION
* Review and discuss the recommended adoption of the 2009 code revisions of the
International Building,Fire,Residential, Energy, Plumbing,Mechanical, Property
Maintenance, and Existing Building Codes and the National Electrical Code
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 Freddy and Lisa Nolan
Kevin Roach v. City of Beaumont
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting.
1
July 20, 2010
Consider adopting an ordinance approving the institution of a Cost of Service Adjustment rate
schedule by CenterPoint Energy which provides for an annual rate cost of service and rate base
adjustment based upon the Company's annual cost data
RICH WITH OPPORTUNITY
ILI . �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney zz�
MEETING DATE: July 20, 2010
REQUESTED ACTION: Consider adopting an ordinance approving the institution of
a Cost of Service Adjustment rate schedule by CenterPoint
Energy which provides for an annual rate cost of service
and rate base adjustment based upon the Company's annual
cost data.
RECOMMENDATION
Administration recommends approval of an ordinance approving the institution of a cost of
service adjustment rate schedule by CenterPoint Energy which provides for an annual cost of
service and rate base adjustment based upon the annual cost data of the Company.
BACKGROUND
On or about May 1, 2010, CenterPoint Energy (CenterPoint) filed an application with the City to
adjust rates pursuant to the Cost of Service Adjustment (COSA) tariff. This is CenterPoint's first
proposed rate adjustment under the COSA - and the rate changes proposed to become effective
with bills rendered effective August 1, 2010. Council action is required to approve, deny, or
modify the COSA request by July 29, 2010. The proposed COSA before the City in this case
results in a slight annual increase of$886,508, which represents an increase of 1.74%. The
increase over the various customer classes is as follows:
Table 1
COSA Monthly Rate Increase and Annual Revenue Increase by Class
Customer Class Monthly Rate Change Revenue Increase
Residential $0.35 $727,981
Small Commercial $0.60 $146,003
Large Volume $.1.76* $ 12,524
[Total JUIL508
*Large Volume increase is reduced from $2.97 to $1.76 to comply with the 5% COSA maximum
increase requirement.
The Lawton Law Firm is retained as the City's utility consultants to review the CenterPoint rate
request and make recommendations to the City as necessary. The firm has reviewed the
CenterPoint request and the schedules and the work papers supporting the COSA filing. The
review and analysis of the CenterPoint request consisted of the following:
• review Company application to verify compliance with the COSA tariff,
• review of the Company schedules for accuracy;
• review of Company annual filings with the Railroad Commission of Texas to
confirm costs and revenues for the COSA review period;
• review of recent CenterPoint rate case results at the Railroad Commission to
verify operating costs where applicable;
• review of other contemporaneous CenterPoint COSA filings to verify consistency
in operating costs and revenue calculations as applicable;
• issue discovery and review responses to discovery; and
• model the COSA results for accuracy.
Based upon this review and analysis, they have concluded that the CenterPoint COSA request is
consistent with the COSA tariff and correctly calculated. The recommendation is that the
proposed COSA should be approved.
BUDGETARY IMPACT
The reasonable expenses associated with rate cases are reimbursable by the Company as they
have been in the past.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS
SETTING THE JUST AND REASONABLE RATES FOR THE
COST OF SERVICE ADJUSTMENT CLAUSE ("COSA") TO
BE CHARGED BY CENTERPOINT ENERGY
("CENTERPOINT") FOR GAS SERVICE FOR CUSTOMERS
IN THE CITY OF BEAUMONT, TEXAS; REQUIRING
REIMBURSEMENT OF MUNICIPAL RATE CASE
EXPENSES; FINDING THAT THE MEETING COMPLIES
WITH THE OPEN MEETINGS ACT; AND DECLARING AN
EFFECTIVE DATE FOR THIS ORDINANCE.
WHEREAS, on or about April 30, 2010, CenterPoint filed a Statement of Intent with the
City Clerk in Beaumont, Texas requesting a rate increase of$0.35 per residential customer per
month, $0.60 per small general service customer per month, and $1.76 per large general service
customer per month for the Beaumont/Huntsville COSA Service Area;
WHEREAS, CenterPoint requested an effective date for the new rate schedule to go into
effect on August 1, 2010;
WHEREAS, in order to exercise its exclusive original jurisdiction and properly review
the requested rates, it is necessary for the City to make a decision within 90 days of the April 30,
2010 filling, or July 29, 2010;
WHEREAS, the City retained the Lawton Law Firm, P.C. to review CenterPoint's rate
request and make necessary rate recommendations to the City; and
WHEREAS, on July 2, 2010, the Lawton Law Firm, P.C., filed a report with the City on
this matter outlining the options available and making recommendations to the City; and
WHEREAS, the City Council of the City of Beaumont finds that the proposed rate
increase is just and reasonable;
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
SECTION 1. The statements set out in the preamble to this ordinance are adopted herein
as if set forth herein.
SECTION 2. Based on the recommendations and review presented by the legal/rate
consultant Lawton Law Firm, whose report is attached, CenterPoint's proposed rate increase, of
$0.35 per residential customer per month, $0.60 per small general service customer per month,
and $1.76 per large general service customer per month for the Beaumont/Huntsville COSA
Service Area is adopted and CenterPoint shall file tariffs with the City Clerk reflecting the
annual rate increase.
SECTION 3. CenterPoint shall promptly reimburse the City's COSA review rate case
expenses and may collect such expenses through surcharge based on Mcf usage.
SECTION 4. CenterPoint's Cost of Service Adjustment Clause is approved.
SECTION 5. The meeting at which this resolution was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
SECTION 6. This ordinance shall be effective immediately on passage.
PASSED BY THE CITY COUNCIL of the-City of Beaumont this the 20th day of July,
2010.
APPROVED:
Mayor Becky Ames
ATTEST:
City Clerk
WORK SESSION
* Review and discuss the recommended
adoption of the 2009 code revisions of the
International Building, Fire, Residential,
Energy, Plumbing, Mechanical, Property
Maintenance, and Existing Building Codes
and the National Electrical Code