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HomeMy WebLinkAboutPACKET NOV 16 2010 RICH WITH OPPORTUNITY BEA,[IMON* T - E - B - A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 16,2010 1:30 P.M. CONSENT AGENDA * Approval of minutes -November 9,2010 * Confirmation of committee appointments George Crawford would be reappointed to the Convention and Tourism Advisory Board. The current term would expire October 14,2012. (Councilmember Nancy Beaulieu) A) Authorize the acquisition of a water line easement described as 0.0860 acre of land out of Lot 19, Columbus Cartwright Subdivision No. 1 B) Authorize the acceptance of a water line easement described as 120.0 square feet out of and part of Lot 1 Beaumont Motiva Subdivision C) Authorize the execution of a License to Encroach Agreement with George and Bobbie Blake D) Approve an Addendum to an existing agreement with Network USA,LLC for the additional placement of fiber optic cable in the public right-of-way E) Authorize the City Manager to apply for and receive funds from the Texas Historical Commission to conduct a survey of endangered historic properties A RICH WITH OPPORTUNITY T • E , x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Director of Engineering/City Engineer Pr) MEETING DATE: November 16, 2010 REQUESTED ACTION: Council consider authorizing the acquisition of a water line easement. RECOMMENDATION The Administration recommends the acquisition of a water line easement to provide access for water services at the existing facilities and proposed residences in the area in the amount of $500.00. BACKGROUND Rose C. Canizales has agreed to convey a ten(10) foot wide water line easement to the City of Beaumont. The Water Line Easement [0.0860] acre of land out of Lot 19, Columbus Cartwright Subdivision No. 1] will provide access to the water services at the existing and proposed facilities in the area. The acquisition of the utility easement is recommended for approval by the City Manager, Director of Engineering/City Engineer, and Water Utilities Director. BUDGETARYIMPACT Funds for the project are available in the Water Utilities Operating Budget. RESOLUTION NO. WHEREAS, Rose C. Canizales has offered to convey a ten foot(10')wide water line easement, said easement being 0.0860 acre of land out of Lot 19, Columbus Cartwright Subdivision No. 1, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, to the City of Beaumont for the purpose of placing, constructing, operating, repairing, rebuilding, relocating and/or removing water lines and appurtenances to the existing facilities and proposed residences in the area; 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 statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the easement conveyed by Rose C. Canizales, 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 16th day of November, 2010. - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT,ROSE C. CANIZALES,hereinafter called"GRANTOR",whether one or more,for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to it in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County,Texas, hereinafter called"GRANTEE",the receipt and sufficiency of which consideration is hereby acknowledged,has GRANTED, SOLD and CONVEYED,and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont,Texas 77704, Jefferson County, Texas, its successors and assigns,a Water Line Easement and the exclusive right to construct, alter, and maintain said water line and appurtenances on the hereinafter described lands which said easements are under, over, in and across that certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson,State of Texas,and being more particularly described in Exhibit "A" and`B",attached hereto and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing,constructing,operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and appurtenances, and the following rights are also hereby conveyed: It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as permitted by law. Grantor agrees not to place any structures or appurtenances within the Easement Property. EXHIBIT "A" Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easements and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of 52010. GRANTOR: ROSE C. CANIZALES By: Printed Name: Rose C. Canizales ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF X This instrument was acknowledged before me on , 2010, by known to me to be the persons whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P. O. Box 3827 Beaumont, TX 77704 11/09/20'_0 TL- 14:07 FAX 4098921345 003/004 EXHIBIT "A" 10'WATERLINE EASEMENT U.-gal Description: 0.0860 Acre Water Line Easement Out of and Part of Lot 19 Columbus Cartwright Subdivision No. 1 Volume 1 Page 112,Map Records David Brown Survey,Abstract No. 5 Beaumont, Jefferson County,Texas BEING a 0.0860 (3748 Sq. Ft.) acre water line easement situated in the David Brown Survey, Abstract -.wo. 5, Jefferson Co aty, Texas and also being out of and part of Lot 19 of the Columbus Cartwri;�ht Subdivision No. 1, a subdivision of the City of Beaumont, Jefferson County, Texas, according to tare plat thereof recorded in Volume 1, Page 112, Map Records, Jefferson County, Texas and being out of and part of that certain called 0.779 acre tract of land as described in a"Deed" from the Administrator of Veterans'Affairs to George H. Canizales and ivil.'e, Rose Marie Caniizales as recorded in Volume 1360 Page 347, Deed Records of Jefferson County, Texas, said 0.,Q1860 (3748 Sq. Ft.) acre easement being more particularly described as follows: NOTE,: All bearings are based on the West line of the said 0.779 acre Canizales tract as SOUTH 00 000'00" EAST as recorded in Volume 1360 Page 347, Deed Records of.Ieffarson County, Texas. COMMENCING at a 1/2" iron rod found for the Northeasterly corner of Lot 55, Block 1 of Sunn.yside Addition, a subdivision of the City of Beaumont, Jefferson County,Texas, according to the plat thereof recorded in Volume 5, Page 75, Map Records, Jefferson County, Texas the same being the West line of Lost 19 of said Columbus Cartwright Subdivision No. 1 and said corner also being the Southeast cornea of Belmont Street right-of-way(based on a width of 60 feet)., said iron rod also being the West line of the said David Brown Survey and the East line of the C.Williams Survey,Abstract No. 59; r THENCE NORTH 00°00'00" EAST, along and with the East right-of-way line of Belmont Street and the West line of the said 0.779 acre Canizales tract, the same being the common line between the said David Brown Survey and the said C. Williams Survey, for a distance of 4.30 feet to a point for corner and the POINT OF BEGINNING of the easement herein described; THENCE NORTH 00°00'00" EAST, continuing along and with the East right-of-way line of Belmont Street and the West line of the said 0.779 acre Canizales tract, the same being the common line between the said David Brown Survey and the said C. Williams Survey, for a distance of 10.00 feet to a point for corner(unable to find or set due to sanitary sewer manhole), said point being the Northwest corner of the said 0.779 acre Canizales tract and also being the Southwest corner of that certain called 1.42 acre tract of land as described in a "General Warranty Deed" from Perry D. Brown, Jr. to Richard Harry Carter as recorded in Clerk's File No. 2002035784, Official Public Records of Jefferson County,Texas; EXHIBIT"A' Page 1 of 2 MARIE IV.WHITELEYAhD ASSOCIATES,INC. 11/09/2010 14:08 FAX 4098921345 Z004/004 THENCE NORTH 88 022117" EAST, along and with the common line of the said 0.779 acre Canizales tract and the said 1.42 acre Carter tract, for a distance of 139.32 feet to a point for corner (unable to find or set due to drain inlet), said point being the Northeast corner of the said 0379 acre: Canizales tract and also said point being the Northwest comer of that certain called. 0.79 acre tract of land as described in a "Deed" from Joseph W. Holland and wife, Isa Fay Holland to Jessie Escamilla and wife, Cynthia Marie Escamilla as recorded in Volume 1387 Page 618,Deed Records of Jefferson County,Texas; THENCE; SOUTH 00 000'00" EAST, along and with the common line of the said 0.779 acre; Canizales tract and the said 0.79 acre Escamilla tract, for a distance of 245.60 feet to a 1/2"iron rod found for corner,said corner being the Southeast corner of the said 0.779 acre Canizales tract and the Southwest corner of the said 0.79 acre Escamilla tract and also said corner being in the a North right-of-way line of Milani Street(based on a width of 60 feet); THENCE SOUTH 89 056'46" WEST, along and with the North right of way line of Milani Street,for a distance of 10.00 feet to a point for corner; THENCE NORTH 00 000'00" EAST, over and across the said 0.779 acre Canizales tract, being 10 feet'West and parallel to the East line of the said 0.779 acre Canizales tract, for a distance of 235.32 feet to a point for corner; THENCE SOUTH 88 022'17" WEST,over and across the said 0.779 acre Canizales tract,being 10 feet South and parallel to the North line of the said 0.779 acre Canizales tract,for a distance of 129.32 feet to POINT OF BEGINNING and containing 0.0860 ACRES,(3748 Sq.Ft.)more or less. i Surveyed on August 11, 2010. This legal scription is being submitted along with a plat based on this survey(see EXHIBIT "B"). OF M. ITEt tff.... Mark W.Whiteley,RPLS No. 3 "'�`;"°""' S e WAN I0\IO-49T,10492m&b.doc • �`'+'¢ �cti•{� t I4 s Uf a I EXHIBIT"A" Page 2 of 2 MARK W.WHITELEY AND ASSOCIATES,INC. CALLED 1.42 ACRES 0 12" PIPE SAN. SWR:.. RICHARD HARRY CARTER CALC MANHOLE CF. N0.''2002035784 BELMONT STREET ;; , ASPHALT ROAD coRNER oPRJC cALC. CD (60 ;;ROW) u ' C 12 PIPE CORNER -_..-ss- x'--ss---s,- CORNER SAN. SWR. ------a1o_____________'_ WM _PIPE ..–nnv---sr0� nor...__..-.m�_...._ac...._ _=ol— T m��asi, WM 4 !�.-. -- CALC. _ FND 3/4" FND S89'S7'34 E 328.27' FND SOO'00'00"E 1430' CORNERi I INLET a�� o I. ROOD (CALL '34.0 ') (CALL SOUTH 14.30') I p4�N, �co ���0���� II sLl c I roc FND 0.0860 ACRES i �Q�ppd������° SUNNY$IDE ADDITION FT.) p - w VOL. 5 PG. 75 FND 1/2 (3748 SQ. �� q MRJC i. ROOD 10' WATERLINE EASEMENT I I d0ob° CALLED 0.779 ACRES I + CALLED 0.79 ACRES b h h h h h GEORGE H. CANIZALES et ux 1 I JESSIE ESCAMILLA et ux 1 1 O O O O �O O �O �O �O �O O O O VOL. 1360 PG. 347 I i VOL- 1387 DRJC G. 618 DRJC � 14" TREE---_.,� I 9.19' ,wN - I 112.09' LEGEND �� ss 1 °off M 8.4' X 5.7' 13.30' - POWER POLE EXHIBIT Bs 110 �,�, WOOD & FRAME _ °ooL., BUILDING ON I - GUY ANCHOR m REFER TO EXHIBIT 'A" LZ,yQQA G o"'c�o WOOD FLOOR �) FOR LEGAL DESCRIPTION ��vp' w M �i I ® - WATER METER TELEPHONE PEDESTAL m LINE BEARING DISTANCE o I ■ - INLET L1 N00-00'00"E 4.30' I I Q - SAN. SWR. MANHOLE _ L2 N00'00'O0"E 10.00' SAN. SWR. 10.00' j 0 - TREE W L3 N88'22'1 7"E 139.32' MANHOLE R\}� i " - 12" STRM. SWR. PIPE L3 N88'26'00"E 139.30' CJ� FJ ( 15" SAN. SWR. PIPE L4 S00'00'00"E 245.60' �� Q• 0 L4 SOUTH 245.60' �g dS I I _. _. - UNDERGROUND TELE. LINE WATERLINE ° L5 S89'56'46"W 10.00' � �''�,�+ I M L6 N00'00'00"E 235.32' OT_26' - -- OVERHEAD ELECTRIC c.1 L7 S88'22'17"W 129.32' -• ---•- FENCE cc ( )-DENOTES CALLED BEARINGS AND DISTANCES FND 1/2" CALC. " a� I. ROOD CORNER __... .._._ _. ° v' TO THE OWNERS OF THE PREMISES SURVEYED FND S89'56'46"W 139.27 L5 FND MIZ,AM STREET y. AS OF THE DATE OF THE SURVEY. (CALL S89'59'30"W 139.30') 1• ROD (60' ROW) s� I MARK W. WHITELEY DO HEREBY CERTIFY THAT THIS SURVEY WAS THI CLIENT: MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGAL I rfi CITY OF BEAUMONT 0.0860 ACRE WATERLINE EASEMENT 1n HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE S T E 9•,-f DR Bv; SAW SCALE No: 3748 S FT. ° OF THE SURVEY. �G a: vpt: ACRD 2009 1"=50' 1 of 1 10' WIDE > cY , JOB N0. 11LE:W:\2010\10-492\ REV. ~' DATE SURVEYED. AUGUST 11, 2010 M.W.WHITELEY•• 1 o-4s2 1 o-4s2.Owc O OUT OF AND PART OF LOT 19 ., .... ' 3636 MARK W. WHITELEY COLUMBUS CARTWRIGHT �•;Q o AND ASSOCIATES SUBIDIVISION NO. 1 o C l INCORPORATED 'o t f — 'S j,A—'+�' CONSULT114G ENGINEERS, VOLUME 1 PAGE 112, MAP RECORDS SUMYORS.F40w AND PLANNERS® DAVID BROWN SURVEY 0 \V �+� F °'�"°�``I4 ABSTRACT N0. 5 P. o. Box sloe Ms WM FM. BEAUMONT, JEFFERSON COUNTY, TEXAS MARK W. WHITELEY - REGISTERED PROF'ESSIONAI_ LAND SURVEYOR~No. 3636 scAUMO T. 7MB?"W-540 OTUMOMT. ?Eas mm - 40V-ess-az1 (I +OB- -W49 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: Patrick Donart, Director of Engineering/City Engineer MEETING DATE: November 16, 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 a new fire protection system for its Beaumont Terminal on West Port Arthur Road. BACKGROUND Motiva Enterprises, LLC have agreed to convey a Waterline Easement to the City of Beaumont. The easement [120.0 square feet out of and part of Lot 1 Beaumont Motiva Subdivision] will provide services for its Beaumont Terminal on West Port Arthur Road. This Water Line Easement is recommended for approval by the City Manager, Director of Engineering/City Engineer, and Water Utilities Director. BUDGETARYIMPACT None. RESOLUTION NO. WHEREAS, Motiva Enterprises, LLC has agreed to convey a one hundred twenty (120)square foot water line easement, said easement being out of the Pelham Humphreys Survey, Abstract No. 32, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, to the City of Beaumont for the purpose of providing fire protection services for its Beaumont Terminal on West Port Arthur Road; 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 statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the easement conveyed by Motiva Enterprises, 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 16th day of November, 2010. - Mayor Becky Ames - STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X WATER LINE EASEMENT THAT,MOTIVA ENTERPRISE,LLC.,of the County of Harris,State of Texas, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT,a municipal corporation domiciled in Jefferson County,Texas,hereinafter called"GRANTEE",the receipt and sufficiency of which consideration is hereby acknowledged,has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas,its successors and assigns,a Water Line Easement and the exclusive right to construct,alter, and maintain said water lines and appurtenances on the hereinafter described lands which said easement is under,over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson,State of Texas,and being more particularly described in Exhibits "A" and "B", attached and made a part hereof for all purposes. The easement herein granted shall be used for the purpose of placing,constructing,operating, repairing,rebuilding,replacing,relocating,and/or removing water lines and appurtenances,and the following rights are also hereby conveyed: It is expressly understood and agreed that the City of Beaumont shall have the right of ingress to and egress from the tracts of land hereinbefore described and use of the same for the purposes aforesaid, and giving said City the right and privilege to improve,maintain and operate the same as permitted by law. GRANTOR agrees not to place any structures or appurtenances within the Easement Property. EXHIBIT "A" Grantee shall not be responsible for the repair and replacement of any paving or other structures within the Easement Property. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever. EXECUTED this day of 52009. GRANTOR: MOTIVA ENTERPRISES, LLC By: Printed Name: Title: ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF HARRIS X BEFORE ME, the undersigned authority, on this day personally appeared of MOTIVA ENTERPRISES,LLC., known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2010. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy -Engineering P. O. Box 3827 Beaumont, TX 77704 EXHIBIT "A" Legal Description: 120.0 Square Feet Water Meter Easement Out of and Part of Lot 1 Beaumont Motiva Subdivision Volume 16, Page 298, Map Records Pelham Humphreys Survey, Abstract No. 32 Jefferson County, Texas BEING a 120.0 square foot water meter easement situated in the Pelham Humphreys Survey, Abstract No. 32, Jefferson County, Texas, and being out of and part of Lot 1 of the Beaumont Motiva Subdivision, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 16, Page 298, Map Records, Jefferson County, Texas, said 120.0 square foot tract being more particularly described as follows: NOTE. All bearings are based on the West right-of-way line of Spur 93 as SOUTH 27°45'35"EAST as recorded on the final plat of Beaumont Motiva Subdivision as recorded in Volume 16, Page 298, Map Records, Jefferson County, Texas. All set 5/8" iron rods set with a cap stamped "M.W. Whiteley&Associates". COMMENCING at an iron rod with a cap found for the most Northerly corner of the said Lot 1, said corner also being in the West right-of-way line of Spur 93 (also known as West Port Arthur Road)(right-of- way width varies); THENCE SOUTH 27 046'06" EAST, along and with the West right-of-way line of Spur 93 and the East line of the said Lot 1, for a distance of 218.44 feet to a 518" iron rod set for the most Northerly corner and POINT OF BEGINNING of the tract herein described; THENCE SOUTH 27 046'06" EAST, continuing along and with the West right-of-way line of Spur 93 and the East line of the said Lot 1, for a distance of 10.00 feet to a 5/8" iron rod set for corner,from said corner •found iron rod with a Texas Department of Transportation aluminum cap bears SOUTH 27°46'06" EAST •distance of 261.68 feet; THENCE SOUTH 62 013'54" WEST, perpendicular to the West right-of-way line of Spur 93 and the East line of the said Lot 1, for a distance of 12.00 feet to a point for corner; THENCE NORTH 27 04606" WEST, parallel to the West right-of-way line of Spur 93 and the East line of the said Lot l,for a distance of 10.00 feet to a point for corner; THENCE NORTH 62°13'54" EAST, perpendicular to the West right-of-way line of Spur 93 and the East line of the said Lot l,for a distance of 12.00 feet to the POINT OF BEGINNING and containing 120.0 Square Feet, more or less. Surveyed on September 21, 2010. This legal description is being submitted along with a plat based on this Asurvey , "). OF e, RPLS No. 5728 THOMAS S. a�?�„��. �YA 5728 W:!20IO\10-586\IO-586m&b.doc "Q !.0,e S S Y',, s U RJR MARK W. WHITELEY AND ASSOCIATES,INC. I NOTE: 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING OWNERSHIP OR TITLE. 2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION Cql� AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE , SPUR 93 WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD 1 X20, OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED o LOT 1 OF SUBJECT\ BEAUMONT MOTIVA OR IMPLIED. PROPERTY SUBDIVISION 3. ALL SET 518" IRON RODS SET WITH A CAP STAMPED "M.W. WHITELEY & ASSOCIATES". o LINE BEARING DISTANCE j L1 S27'46'06"E 10.00' Z L2 S62'13'54"W 12.00' SPUR 93 VICINITY MAP L3 N27.46'06"W 10.00' L4 N62'13'54"E 12.00' (ALSO KNOWN AS WEST PORT ARTHUR ROAD) N.T.S. (RIGHT OF WAY VARIES) (CALL S27'4627"E 490.24) REFERENCE BEARING PER FND S27'46.06 E 490.12' VOL. 16, PG. 298, MRJC SET 5/8" SET 518" FND TxDO (CALL 52745'35"E 1385.48) FND TxOOT 1. ROD LI I. RbD CONC.MONU. FND S27 45'35 E 1385.44' CONC.MONU. S27'46'06"E 218.44' —X x x FND S27'46'06"E 261.68' m �?0 C POB a .� 120.0 SQ. FT. m FND. I. ROD WATER METER EASEMENT = WITH CAP AT CORNER CORNER X CORNER NORTHERLY EYS SURVEY LLI REMAINDER OF CALLED 195.97 ACRES, TRACT 1 1 PEI.HRp,�f NO, 32 CLARK PORT ARTHUR .LOT As PIPELINE COMPANY VISION CF. NO.O95-9505625 OnVA SUB pY TO THE OWNERS OF THE PREMISES SURVEYED OUMO VOV, 1'6�►YPO' 29$ AS OF THE DATE OF THE SURVEY: MpiC 1, THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY EXHIBIT "B" MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME REFER TO EXHIBIT "A" OF THE SURVEY. FOR LEGAL DESCRIPTION DATE SURVEYED: SEPTEMBER 21, 2010 OF r CLIENT: MOTIVA SURVEY OF A •••r..ra•, +` DR 8Y: COD SCALE: SHEET No.: Cj-,,��5 T��;.�•}- 120.0 SQUARE FEET WATER Gj;e o;cty im NO. FlLE: w zo10 io-WO REV METER EASEMENT ••••++•+•+•••M•+••••••••••• 10-586 ]0-586.DWG o OUT OF AND PART OF LOT 1 THOMAS S.F 1 / ••••••••••• •••••• MARK W. NiHITELEY BEAUMONT MOTIVA SUBDIVISION 5728 4: AND ASSOCIATES VOLUME 16, PAGE 298 'y''���E S SAO?•� INCORPORATED �I 'b+''•• •• '`J CONSULTING ENODODM, MAP RECORDS SUS T-O AND o PELHAM HUMPHREYS SURVEY, Nnn Fes' ABSTRACT N0. 32 P. O. °Ox 54°° °ffiO GSMM rM. THOMAS S. ROWE - REGISTERED PROFESSIONAL LAND SURVEYOR No. 5728 Bu 409-M-640 -°°' °1rIU�o °� JEFFERSON COUNTY, TEXAS t , C RICH WITH OPPORTUNITY I T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Director of Engineering/City Engineer PIS MEETING DATE: November 16, 2010 REQUESTED ACTION: Council consider a resolution authorizing the execution of a License to Encroach Agreement with George and Bobbie Blake RECOMMENDATION Administration recommends authorization to execute License to Encroach Agreement with George and Bobbie Blake for a structure encroaching onto a city waterline easement. BACKGROUND An existing structure (665 First Street) is encroaching 6.5.feet onto the City's twenty foot (20') alley in Block 21,McFaddin Second Addition. George and Bobbie Blake are the owners of record of the structure. The License Agreement protects the City from liability and provides a thirty(30)day cancellation clause. There is a one time fee of$500 for George and Bobbie Blake for the License to Encroach. This License to Encroach Agreement is recommended for approval by the City Manager,Director of Engineering/City Engineer, and Water Utilities Director. BUDGETARY IMPACT None. RESOLUTION NO. WHEREAS, George and Bobbie Blake have requested that the City of Beaumont grant a License to Encroach into one (1) utility easement at 665 First Street, which is described as being out of Lot 9, Block 21, McFaddin Second Addition, to the City of Beaumont. The encroachment being an existing residential dwelling overlapping a 20' alley by 6.5', as described in Exhibit "A" and shown in Exhibit "B," attached hereto and made a part hereof for all purposes; WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachment upon the City easement and utilities therein; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the City Manager be and he is hereby authorized to execute a License to Encroach to George and Bobbie Blake to encroach into one (1) utility easement at 665 First Street,which is described as being out of Lot 9, Block 21, McFaddin Second Addition, to the City of Beaumont. The encroachment being an existing residential dwelling overlapping a 20" alley by 6.5', as described in Exhibit "A" and shown in Exhibit "B," attached hereto and made a part hereof for all purposes for a one-time fee of Five Hundred Dollars ($500.00) for the License to Encroach. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of November, 2010. - Mayor Becky Ames - LICENSE TO ENCROACH STATE OF TEXAS X ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X On the date last indicated below,the City of Beaumont,a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and GEORGE AND BOBBIE BLAKE, owner, hereinafter called "Licensee", contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property(the subject of this license agreement) described as follows: Said encroachment being an existing residential dwelling overlapping 20' alley by 6.5', on Lot 9, Block 21, McFaddin Second Addition (665 First Street). Said encroachment is shown on Exhibit "A", attached. Subject property may continue to be occupied and used by Licensee solely in connection with the existing structures and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how,when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction, or improvement of a structure,the cost of which equals or exceeds twenty-five percent(25%) of the market value of the structure either: (1) before the improvement or repair is started; or(2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences,whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont, by resolution of the City Council, determines it needs the subject property, or any part thereof, for the benefit of the City or to protect the health, Page 1 of 3 EXHIBIT "A" safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise. Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of licensor against, and pay in full, for all claims, losses,damages, law suits, attorney's fees, costs, judgements or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor, reserves the right to make improvements, perform maintenance and construction to the right-of-way or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition,Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). Said sum being non-refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less that thirty(30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This license is neither assignable nor transferable except in conjunction with,and as part of, Licensee's conveyance of all the abutting property this license serves, through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer,City of Beaumont,P.O.Box 3 827,Beaumont,Texas 77704. Any notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Property Owner at 2098 McFaddin Street, Beaumont, Texas 77701. Page 2 of 3 IN WITNESS,WHEREOF,the parties hereto have executed this agreement as of the day of 52010. LICENSOR LICENSEE CITY OF BEAUMONT By: By: KYLE HAYES GEORGE BLAKE CITY MANAGER BOBBIE BLAKE ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of ,2010, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of ,2010, by Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P.0.Box 3827 Beaumont,Texas 77704 Page 3 of 3 I RICH WITH OPPORTUNITY 0 11 Application for License to Encroach ► City of Beaumont, Texas T E - X - A - S 1. NAME OF APPLICANT: Faust Engineering and Surveying, Inc. ADDRESS: 2525 Calder, Beaumont TX, 77702 PHONE: (409) 813-3410 2. AUTHORITY OF APPLICANT: Agent 3. NAME OF OWNER: George & Bobbie Blake ADDRESS: 2098 McFaddin St, Beaumont TX, 77701 PHONE: (409) 835-3537 LEGAL DESCRIPTION OF OWNER'S PROPERTY (Lots, Blocks, Subdivision) TO BE SERVED BY EASEMENT OR RIGHT-OF-WAY: Lot 9, Block 21, McFADDIN SECOND ADDITION (VOL. 1, PG. 63, J.C.M.R.) 665 First Street 4. DESCRIPTION OF EASEMENT OR RIGHT-OF-WAY INVOLVED: 20' alley between rear of lots 5. PRESENT USE OF EASEMENT OR RIGHT-OF-WAY (List Utilities if Present): Sewer Line 6. USE OF EASEMENT OR RIGHT-OF-WAY DESIRED BY OWNER: Existing Residential Dwelling (665 First Street) overlaps 20' ally by 6.5' feet. 7. ATTACH A MAP OR PLAT DELINEATING THE EASEMENT OR PUBLIC RIGHT-OF-WAY (Dimensioned and to Engineering Scale). PLEASE INCLUDE ALL PERTINENT INFORMATION ON THE MAP: i. Distances from edge of pavement or back of curb ii. Street names and nearest cross streets iii. Side of the street [east,west, north,south] 8. COST TO BE PAID FOR LICENSE TO ENCROACH AT TIME APPLICATION IS SUBMITTED— $500 SAID COST BEING NON-REFUNDABLE. TO THE BEST OF MY KNOWLEDGE, THE ABOVE INFORMATION IS TRUE AND CORRECT. SI A CLIENT.' GEORGE & BOBBIE BLAKE N NORTH STREET S 89 54'06" E 73.91' (CALLED EAST 74.50') SCALE 1"= 30' Ln o g LOT 9 o � °WO N LOT 7 LOT 8 rri J v! G 1 16.23' 665 O r1RF.,QFA,..XISTING ONE STORY D FRAMED �ALLE D 92ST) 0 19.42'IV 20 ' ALLEY 36.76' LOT 6 LOT 5 i-M LOT 4 LOT 3 W oc V1C/NITY MAP (::$PENGINEERING TS. AND SURVEYING,INC. N.�•S• 2S 5 C 813-9X OEET.• KX MOWT,OT 3XAS 8 7702 Project No. 100463 EXHIBIT "B" D RICH WITH OPPORTUNITY r T • E . X • A - s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Director of Engineering/City Engineer Qo MEETING DATE: November 16, 2010 REQUESTED ACTION: Council approval of an Addendum to an existing agreement with Network USA, LLC for the additional placement of fiber optic cable in the public right-of-way. RECOMMENDATION The Administration recommends approval of an Addendum between Network USA, LLC and the City of Beaumont for the placement of fiber optic cable in the public right-of-way. BACKGROUND The majority of Network USA's cable routing within the city is located on the public right-of-way in the downtown area along Pine, Broadway, Crockett,North Main, and Orleans Streets for a distance of 6,222 linear feet. The proposed Addendum will add 375 linear feet of fiber optic cable on Crockett Street and Laurel Avenue. Previous actions include: Resolution 05-217 was passed by City Council on October 25, 2005. This Addendum is recommended for approval by the City Manager, Director of Engineering/City Engineer, and Transportation Manager. BUDGETARYIMPACT Network USA, LLC will pay the City of Beaumont an application fee of$500 and an inspection fee of$500. The annual fee will increase from$1.35 to $1.75 per linear foot on January 1,2012,as allowed for in the current contract. The total annual fee will increase from $8,399.70 to $11,544.75. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves an addendum to the Network USA, LLC agreement, substantially in the form attached hereto as Exhibit"A"and made a part hereof for all purposes, for the placement of fiber optic cable in the public right-of-way. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of November, 2010. - Mayor Becky Ames - FIRST AMENDMENT PUBLIC RIGHT-OF-WAY USE AGREEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, Network USA, LLC, and the City of Beaumont ("City"), collectively referred to as the"Parties,"executed a Public Right-of-Way Use Agreement on September 20, 2005; and WHEREAS, the Parties desire to amend such Agreement, but only as noted below; NOW, THEREFORE: The Parties, for and in consideration of the receipt of good and valuable consideration, as set out more fully herein, agree to amend that certain Agreement executed by the Parties on September 20, 2005, entitled "Public Right-Of-Way"as follows: (a) Network USA, LLC, may lay, maintain, operate, replace or remove a fiber optic communication system (the "System") for the transportation of communications in, on, under, or across the streets, alleyways and easements as set forth in Exhibit "A" and situated in the City of Beaumont, Jefferson County, Texas. (b) The map attached hereto as Exhibit "A" includes an additional 375 feet of fiber optic cable more than the 6,222 feet set out in the Parties' original Agreement. After the foregoing additional cable is laid, Network USA, LLC, will have a total of 6,597 feet of fiber optic cable within the City of Beaumont. (c) Pursuant to Paragraph (r) of the original September 20, 2005, Agreement between the Parties, by January 1, 2011, they were to negotiate a new annual fee per Page 1 of 4 G:\RMW\LAWSUITS.QDP\MISC\CONTRACTS\NETWORKUSA.WPD EXHIBIT "A" linear foot of fiber optic cable in the City right-of-way. The original rate, which is in effect until December 31, 2011, is $1.35 per linear foot and the new rate shall be $1.75 per linear foot, effective January 1, 2012. The new rate shall be effective until December 31, 2021. Prior to January 1, 2020, the Parties shall confer and negotiate in good faith on a new rate to be effective January 1, 2022. Network USA, LLC, is not required to pay the annual fee on the 375 feet of fiber optic cable noted in the current Agreement until January 1, 2011, at which time Network USA, LLC, shall pay its annual fee on all fiber optic cable within the City of Beaumont. All future annual payments shall be due and payable to the City of Beaumont on January 1 of each succeeding year. (d) Upon execution of this Agreement, Network USA, LLC, shall make payment to the City of Beaumont as follows: • initial agreement fee of$500.00; and • inspection, engineering and other costs during the period of initial construction called for by this Agreement in the amount of$500.00. (e) All provisions of the original Right-of-Way Agreement executed bythe parties on September 20, 2005, shall remain and same are in full force and effect. 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 the day of , 2010. Further, Network USA, LLC, has caused this Agreement to be executed by its President, James R. Davis. Page 2 of 4 G:\RMW\LAWSUITS.QDP\MISC\CONTRACTS\NETWORK USA.WPD THE CITY OF BEAUMONT ATTEST: By: Kyle Hayes, City Manager City Clerk NETWORK USA, LLC ATTEST: By: James R. Davis, President Page 3 of 4 G:\RMW\L4WSUITS.QDP\MISC\CONTRACTS\NETWORK USA.WPD EXHIBIT "A" NETWORK USA, LLC G:\RMW\LAwsulrs.QDP\MISC\CONTRACTS\NETWORK USA.WPD DeLorme Street Atlas USA®2011 n I MILLER 5T M[LLER.ST-J MILLER ST _.__ 3 _-.ASHLEY 5T S ASHLEY AVE r z LONG.ST, LONG 57�_ N' HARRISON ST� y,HIARWSON 5. -�. y l W O ! \ h o HAZEL S7 �1HAZEL.5t J _HAZEL ST I $AZEL,S4 Existing Network USA route_ V� ,I }'A i _l Z_ rtoaTHST -NORTH.ST D j � !' MCfADDIN 5T � a i --j - Z; !. ! CALDER AVE Beaumont _ k , 4 L _BROAD.WAY.ST �P , {r proposed route { i �/ J I.iBERTY-ST_,' x' \ f{ LAUREL 5T'`h �.M ♦� -_ / W " s �.4�. AA x v Data use subject to license. TN Scale 1 :5,600 C DeLorme.DeLorme Street Atlas USA®2011. I{ 0 b 80 20 !0 MD www.delorme.com 1"=466.7 ft Data Zoom 15-2 I E RICH WITH OPPORTUNITY BEAUMON* T • E - X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Christopher S. Boon'�,�Community Development Director MEETING DATE: November 16, 2010 REQUESTED ACTION: Council consider authorizing the City Manager to apply for and receive$10,000 from the Texas Historical Commission to conduct a survey of endangered historic properties. RECOMMENDATION Administration recommends approval. BACKGROUND Recently, the City concluded the initial phase of the Texas Historical Commission's Visionaries in Preservation Program. The goals that came out of this process are defined in the City's Historical Preservation Action Plan. One of these goals is to identify endangered historic properties in an effort to preserve them. The grant submitted to the Texas Historical Commission would enable a partnership between the City, the Beaumont Heritage Society and Lamar University to identify, map and catalogue these structures. A local match of$10,000 would be required. This match would be fulfilled through the in-kind contribution of time contributed by staff and Lamar University students. BUDGETARY IMPACT None. Funds would be available through this grant, with an in-kind local match. TEXAS HISTORICAL COMMISSION CERTIFIED LOCAL GOVERNMENT SUBGRANT FISCAL YEAR 2011 GRANT PRE-APPLICATION FORM Deadline for submission is November 5, 2010 Please fill out this section completely and use only the space provided below. NAME OF PROPOSED PROJECT: Beaumont Texas Citywide Historical Survey CERTIFIED LOCAL GOVERNMENT NAME: Beaumont,Tezas Responsible for Responsible for CONTACT INFORMATION: PROJECT MANAGEMENT FISCAL MANAGEMENT Orcianization Name City of Beaumont/Beaumont Heritage Society City of Beaumont/Beaumont Heritage Society Contact Person Steve Richardsonoadene Chodzinsld Steve Ricbardwn/Darlene Chodzimi i Address 2240 Calder 2240 Calder �City I State I Zip ant ITX, 7701 Beaumorit trx 177701 ele hone I Fax 409-832-4010 9-832-4012 9-832-4010 09-8324012 Email hambershse@sbcglobal.net hambershse @sbcglobal.net Chair of Local Commission Chief Elected Official POLITICAL CONTACTS: (City Board if City or CHC if County (Mayor if City or Courity Judge if Count Contact Person Steve Richardson Mayor Becky Ames Address P.O.Box 3827 P.O.Box 3827 City State I Za Beaumont JTX 177704 Beaumont 177704 Telephone I Fax 9-880-3764 9-880-3770 09-880-3112 Email srichardwn@ci.beaumont.tx.us es@ci.beaumonttx.us FUNDING REQUEST: Grant Funds $10000 Matching $10000 Total Project $20000 Requested: Funds: I Cost: PROPOSED PROJECT TYPE (check one that applies): ❑ Archeological Project ❑ Construction/Development Project ❑ Preservation Planning Project ❑ Education&Outreach ❑ National Register Nomination(s) ❑ Research&Development ❑ Design Guidelines ❑ Preservation Travel/Training- New ❑ Update Existing "*Priority given to CLGs hosting regional preservation-related workshop ® Survey/Inventory Project Approx. Acreage: ® New ❑ Update Existing ❑ Historic Preservation Plan or Element/Chapter of Comprehensive Plan ❑ New ❑ Update Existing ❑ Preservation Ordinance or By-laws ❑ New ❑ Update Existing 9 City of Beaumont, Texas Project Proposal Project Title: Beaumont Historic Citywide Survey—Preliminary Phase 1 Project Need: The City of Beaumont currently has a city-wide survey,the S.P.A.R.E. (Survey and Preservation Analysis of Resources and Environment) Beaumont Survey that was conducted in the late 1980's,with an update in the early 1990's.The survey did not cover the entire City and even within the areas covered,there were many exclusions of historic assets. However, it is widely referenced and used as a resource for decisions and recommendations of the Historic Landmark Commission. Recently,the City of Beaumont completed a Historical Preservation Action Plan through the Visionaries In Preservation Program of the THC. The Historic Survey task force of the VIP Plan demonstrates an urgent need for a complete and updated Historical Survey. Project Scope: Prepare an inventory of historic resources in the community as the preliminary phase of a comprehensive survey. The objective of this preliminary phase will be to gather historical data and research and first identify the "10 Most Endangered Historic Buildings in Beaumont to complete one of the goals identified in the VIP Program. Expansion of this initial identification process will serve as the basis of the survey. Richard Gachot, M.Arch.,Assistant Professor& Program Director at Lamar University(CV attached)will lead this project. With the resources of students and other interest parties at Lamar University,the Beaumont Heritage Society, and the City of Beaumont, Professor Gachot will first use maps to identify areas within the City. He will then utilize Lamar students to research, reproduce information, and photograph current structures. With the information gathered during this preliminary phase,we will be able to develop strategies to assess threatened resources, incorporate programs such as"Save and Secure", and provide information to be incorporated into our Heritage Tourism projects and goals. Attachment B City of Beaumont, Texas Total Project Budget Principal Project Leader $ 3,000.00 Student Researchers&Photographers $ 6,000.00 Office Space $ 500.00 Secretarial Services $ 500.00 Computer Hardware $ 4,950.00 Reproduction costs&protective sleeves $ 3,500.00 Computer software $ 800.00 Camera $ 600.00 Misc. $ 150.00 Total $ 20,000.00 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 funding in the amount of $10,000 through the Texas Historical Commission's Visionaries in Preservation Program to conduct a survey of endangered historic properties; and. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of November, 2010. - Mayor Becky Ames - RICH WITS OPPORTUNITY BEA,UMON* T - E - % - A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 16,2010 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-2/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider authorizing the City Manager to increase the Event Center Paving and Drainage Improvement Project for"extra work" 2. Consider approving the purchase of Tasers for use in the Police Department COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. i 1 November 16,2010 Consider authorizing the City Manager to increase the Event Center Paving and Drainage Improvement Project for"extra work" RICH WITH OPPORTUNITY 1 T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes,City Manager PREPARED BY: Patrick Donart,Director of Engineering/City Engineer MEETING DATE: November 16,2010 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the Event Center Paving and Drainage Improvement Project for"extra work". RECOMMENDATION The Administration recommends approval of increasing the project amount by$156,279.43. The proposed changes to the contract will furnish and install four fire hydrants,3,000 linear feet of twelve(12")inch class 150-C900 PVC,five twelve(12')inch tapping sleeve and valves, barricades,signs,and traffic handling for 24 months and increase the contract time by 28 calendar days. The additional days increases the total contract time to 363 calendar days. The proposed extra work will represent an increase of 4.06%to the original contract amount. BACKGROUND The project includes the reconstruction of Crockett Street from Neches Street to ML King Parkway. Included in this project is the installation of sidewalks and street lighting that will complement the new event center,which will replace the former Harvest Club. The proposed work is required to install new water mains and its appurtenances on Crockett Street from Neches Street to ML King Parkway,ML King Parkway from Crockett to Bonham Street and Bonham Street from ML King Parkway to Holmes Street. After construction began on the street improvements,it became apparent the water infrastructure was deteriorated beyond reasonable repair and needed to be upgraded. Previous actions include: Resolution 10-174 in the amount of$3,844,851.18 was passed by City Council on June 29,2010. This Change Order is recommended for approval by the City Manager, Director of Engineering/City Engineer, and Water Utilities Director. BUDGETARY UHPACT Funds are available in the Capital Program(Water and Sewer Projects). CITY OF BEAUMONT DATE: 29 October 2010 PROJECT: EVENT CENTER AREA PAVING AND DRAINAGE IMPROVEMENTS OWNER: CITY OF BEAUMONT CONTRACTOR: CF JORDAN CONSTRUCTION CONSTRUCTION L.L.C. CHANGE ORDER NO.: 01 Add Construction Items and/or quantities to the Contract: Item Item Original New Unit No. Code Description Unit Amount Quantity Quantity Price WATER UTLITIES 808 9 FURNISH&INSTALL FIRE HYDRANT ASSEMBLY EA 0 4.001 $5,015.00 $20,060.00 810 11 FURNISH&INSTALL 12"CLASS 150-C900 PVC LF 0 3000.00 $39.60 $118,800.00 811 16 VARNISH AND INSTALL 12"TAPPING SLEEVE& EA 0 5.00 S3,295.09 $16,475.44 502 101 BARRICADES,SIGNS&TRAFFIC HANDLING MO 24 25.00 $943.99 $943.99 ADD TOTAL AMOUNT 1 $156,279.43 ORIGINAL CONTRACT AMOUNT: $3,844,851.18 NET FROM PREVIOUS CHANGE ORDERS: $0.00 TOTAL AMOUNT OF THIS CHANGE ORDER: $156,279.43 PERCENT OF THIS CHANGE ORDER: 4.06% TOTAL PERCENT CHANGE ORDER TO DATE: 4.06% NEW CONTRACT AMOUNT: $4,001,130.61 ACCEPTED BY: )CONTRACTOR APPROVED BY: PATRICK DONART,CITY HANI TOHME,WATER UTILITIES ENGINEER DIRECTOR ATTESTED BY: TINA BROUSSARD,CITY CLERK KYLE HAVES,CITY MANAGER RESOLUTION NO. WHEREAS, on June 29, 2010, the City Council of the City of Beaumont, Texas, passed Resolution No. 10-174 awarding a contract in the amount of$3,844,851.18 to C. F. Jordan Construction, L.L.C., for the Event Center Area Paving and Drainage Improvements Project; and, WHEREAS, Change Order No. 1 in the amount of$156,279.43 is required to install new water mains and appurtenances, thereby increasing the contract amount to $4,001,130.61; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 1 in the amount of 156,279.43, thereby increasing the contract amount to $4,001,130.61. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of November, 2010. - Mayor Becky Ames - 2 November 16,2010 Consider approving the purchase of Tasers for use in the Police Department RICH WITH OPPORTUNITY r T • E X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank Coffin, Chief of Police MEETING DATE: November 16, 2010 REQUESTED ACTION: Council consider approving the purchase of Tasers. RECOMMENDATION The administration recommends approval of the purchase of 82 Taser X26 Electronic Control Devices in the amount of$64,095.85 from GT Distributing of Austin. BACKGROUND Purchase of these Tasers will enable the Police Department to equip all uniformed officers who currently do not have a Taser issued to them to be so equipped. Therefore, all uniformed officers would be required to carry the Taser as a use of force option. The Taser is a proven, effective less- lethal force option for police departments across the country,and contributes to lowered injury rates for both suspects and officers. Included in this pricing is a trade-in of 32 older, large frame M26 Tasers originally purchased 10 years ago. This model will no longer be supported by Taser International beginning January 1, 2011. BUDGETARYIMPACT Funds are available for this purchase in the Police Department confiscated goods account. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of eighty-two (82) Taser X26 Electronic Control Devices from GT Distributors, Inc., of Austin, Texas, in the amount of $64,095.85 for use by Police Department uniformed officers. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of November, 2010. - Mayor Becky Ames -