HomeMy WebLinkAboutPACKET OCT 04 2011 or
DEMO"*
T # ! • Z • A 9 8
REGULAR.MEETING OF THE CITY COUNCIL
COUNCIL CLAMBERS OCTOBER 4,2011 1:30 P.M.
CONSENT AGENDA
* Approval of minutes—September 27,2011
* Confirmation of committee appointments
Jane Parker would be appointed to the Small Business Revolving Loan Fund Board. The teen
would commence October 4,2011 and expire October 3,2013. (Councilmember Alan B.
Coleman)
A. Approve a resolution ratifying a Pooling Letter Agreement with Cimarex Energy Co.
B. Approve contracts for the purchase of asphalts,oils and emulsions for use by the Public
Works Department
C. Approve a resolution nominating C.L. Sherman to the Board of Directors of the Jefferson
County Appraisal District
D. Authorize the acquisition of property located at 5768 Concord Road for the Concord
Road Pavement Widening Project
E. Authorize the acquisition of a Sidewalk Easement for the Concord Road Pavement
Widening Project
F. Authorize the acceptance of a ten foot wide Exclusive Water Line Easement located at
7870 Highway 105
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the following appointment be made:
Apooinbnent Cornmission ginning Expiration
of Term of Tenn
Jane Parker Small Business Revolving Loan Fund Board 10/04/11 10/03/13
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
October, 2011.
- Mayor Becky Ames -
R
A
SICK WITH OPPOATVXITT
BEAUIINION*:
T • $ • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle,Hayes,City Manager
MEETING DATE: October 4,2011
REQUESTED ACTION: Consider approving a resolution ratifying a Pooling Letter
Agreement with Cimarex Energy Co.
RECOMMENDATION
The Administration recommends approval.
BACKGROUND
Ballard Exploration Company,Inc. of Houston is preparing to drill the Garden Villas No. 1 well
(see attached map). Ballard Exploration intends to form a pooled gas unit of approximately
265.1489 acres which includes 38.4914 acres out of the City of Beaumont lease with Cimarex. A
Letter Agreement with Cimarex was signed on September 16,2011 by the City Manager. If
Council ratifies the Letter Agreement,it will remain in effect for a period of one year;provided
that a unit formed in accordance with the agreement will remain in effect for as long as production
or operations maintain rights in accordance with the lease. Due to time constraints,the Letter
Agreement needed to be executed in order for the City of Beaumont to participate in the well.
MEHAFFYWEBERAusfin Houston ATTORNEY R EY AT LA ARn
Beaumont ATTORNEY AT LAW
ATTORNEYS Shareholder
AProlenkmal Co joebroussardQmehaffywebeccom
rporaeyon
MehaffyWeber.com A
R ,,IF EDr
Texas Board of Legal Specialization
Estate Planning and Probate Law
2615 Calder I Suite 800
Post Office Box 16 1
Beaumont,Texas 77704
409.835.50111 Fax 409.835.5177
September 15, 2011
Re: Garden Villas No. 1 Well,A. Savory League,A-46,Jefferson County,Texas
Kyle Hayes
City of Beaumont
P.O. Box 3827
Beaumont, Texas 77704
Dear Kyle:
As we discussed, I am forwarding to you the correspondence sent from Cindy Croft with
Cimarex. Cimarex has requested and suggested that we join with them in participating in the
Garden Villas No. 1 Well. This is a well to be drilled by Ballard Exploration and should bottom
hole approximately 650 feet south of our airport property. The seismic data provided by Cindy
Croft clearly shows that substantially all of the prospective producing formation lies to the south
of the airport property. In this situation it would not make sense to forego participation in the
Ballard Unit and for Cimarex to drill an offset well into the extreme northern edge of this
formation.
With that said, I would recommend that the City execute the letter agreement by Cindy
Croft and if a producing well is made by Ballard to execute a Unit Designation which includes
the proposed 38.4914 acres out of the City of Beaumont Lease in an overall production unit of
256.1489 acres. Please let me know if you have questions or any concerns relating to this matter.
Otherwise, please execute the enclosed letter agreements, retain one for yourself and return the
other to my attention for forwarding to Cindy Croft. Thank you for your assistance in this
matter.
Sincerely,
Joe E. Broussard
For the Firm
JEB/dm
Enclosures
BEAUBUSINESS:570311.1
u
Cimarex Energy Co.
15 East 5`" Street, Suite 1000
Tulsa, Oklahoma 74103-4346
Rhone: (918) 295-1768 w
Fax: (918) 295-1893 �
September 12, 2011
Joseph E. Broussard,IV
Mehaffy&. Weber
2615 Calder Ave.
Beaumont, Texas 77704
RE: Garden Villas No. 1. Well
A. Savery League, A-46
Jefferson County, Texas
Bear Mr, Broussard:
Ballard Exploration Company, Inc. is preparing to drill the Garden Villas No. 1 well in
the .A. Savery League, A-46 in Jefferson County, Texas. Ballard intends to drill a 15,800'
TVD well to test the Yequa Nod Mex formation and will form a pooled gas unit of
approximately.265.1489 acres covering the geophysical feature and conforming to the
various leases necessary to drill the proposed test well. Please see attached plat (Exhibit
"A") reflecting the unit outline and listing the other tracts to be included in the pooled
unit. Ballard intends to put 38.4914 acres out of the City of Beaumont lease into the
pooled unit(Tract 35).
!n order to put,the 38.4914 acres out of the City of Beaumont lease into this unit,
i:imarex respectfully requests your consent to the following:
1. In the event that Ballard drills and completes the well as a gas well, the unit will
comprise approximately 265.1489 acres and will include tracts shown on the
enclosed Plat.
2. After presentation to you of a recorded copy of the Unit Designation, substantially
similar in form and content to the instrument which is attached hereto and made a
part, hereof as Exhibit `B" that establishes a unit meeting the criteria set forth in
Paragraph 1 above, you will promptly execute a Ratification of Unit, substantially
similar in form and content to the instrument which is attached hereto and made a
part hereo as Exhibit"C'.
3. Tt is specifically understood and agreed that nothing contained herein shall alter or
arnz end the provisions of the City of Beaumont Lease except as rraIy be necessary
to permit the formation of the unit for the proposed Garden Villas No. 1 Well.
4. This Letter Agreement constitutes the entire agreement among the parties with
respect to the matters discussed herein and supersedes any prior representations or
understandings, whether written or oral, among the parties.
5. This Letter Agreement will remain in effect for a period of one year from the date
hereof; provided that a unit formed in accordance with the agreement will remain
in effect for as long as production or operations maintain rights in accordance
with the lease.
6. This Letter Agreement shall bind and inure to the benefit of the parties hereto and
their respective heirs, successors and assigns.
If the foregoing meets with your approval, please execute this Letter Agreement in the
space provided below and return one (1) original to the attention of the undersigned on or
before September 20, 2011. Should you have any questions in this regard, please do not
hesitate to call.
Very truly yours,
k-Av,A. Cro
Senior Landman
ACCEPTED AND AGREED TO THIS l(. DAY OF �f� �"' - , 2011.
By: ! V
Printed Name: lC � lr
Title: L• /,/4.,5,C�
EXHIBIT"A"
r"a a"m"t" YO rA aw Ml UNIT LINE DATA TABLE :
�T"emu LINE BEARY�ICi DISTANCE LIN SEARING DISTANCE ALL THE HORWDWTAL CONTROL IS REED To THE TEXAS
Ple RaN t3N STATE PLANE COORDINATE 9YSTEM4 LAMBERT VR0MCnOK
sarHeyxs•aMx Lt SM'1435'W MA' L12 NO3.26'OB•W $23R' CENTRAL ZONE MERCUENTRHOUEff n HAD 27DATMALL
Fk Name:1lot 153 GV L2 N 03.31'42'W 25.7'. L13 N 44'3057-E 1,815.3' SEARINGS,DISTANCES AND ACREAGES ARE GRID.
No,t LNdt dwg CBS L3 S 88'2820`W 3,515d' L14 N 78-OSW E 1,189.6 UNIT AND TRACT b1FOr94MLDN SNOwN HEREON
Plot Dab:9/6/112:00 L4 N 03'38'43•W 1,0527- L1S S 74'3518•E BB9.P WAS Dot*80 BY 09ND RECORD WOM ATI N
Jofferson Z County,Texas L.6 N 88'20'41'E 800.0' L16 S 14.1721'E 1,620.P MA REFLECT�YACTUAL SURVEY,a NOT
Central Zone
LB N 03'3535'W 100.0 L17 S 34.24'22'E 3935 THa W COPYRMHTED MATERIAL AND THE PROPERTY of
L7 3 88.2420'W 800.1' L18 S 34'5019'E 169.9 SMINE&JOHNSTON,INC.ALL MGM RESERVED.02011.
LS N 03'38-43'W. 1,015.5 L19 S 03'28'25'E 739A'
L9 N 77'5737'E BM.O L20 S 88'35'30'W 329.4'
L70 S 28.05'22'E 388.7 l21 S 02.57'27 E 845
L71 T N 81'29'18'E Mir L22 I S 88.1435'W 300.0'
It
e
i L,r
Y
dpaNloed ASAHEL SAVERY
C , SURVEY
A - 46
® 4 3 2 1 t
fir 1
O L
1'Won Rod Fnd.
®
\®
® 25 1'Iron Rod Fnd.
W bon Tad Fnd. e O 8
Paw 1 25.0' O 7
4 W kin Rod Fnd. It
Blvd
L
M. ® Stwdy Luse R® Frio.Car.
\
IWllersaction Baas S 40'21'20 W. Bpbl Q W kon Pips Fnd.
Y-195,303.19
X 3,936,639.84
LEGEND
2.0881 Ace Tract
UNIT TRACT TABLE
Tr. LO"W Arne
1 d ux SAM
2 Jwo DoMen,K d 6.4319
3 Iftitg M,Grillita AM
4 93aall, C.Fees SMA W.at d 2LOO57
S 0-ch tOJrr1T
8 Olamn Erwar ftoftdpn LP 1.1798
7 The RUK1011011 C.AMaf Fund
Unit.d d 20.6290 ,
8 OslabM.Gellonway,st ux 1A6M Ss
9 Misiow R. dux 2A020
t0 Nkhdas S.Chu,et ux 1.7836 R
11 Lamar e1d 7.7404 N
12 L.arlrr Unlywilty,atd 2.1416 ?r
13 Lunar UrAmerally.dd 2.t2M
14 Lpinvor Wilverallyr,at d 3.3007 0 g
15 WEM Alex d d 34M6
16 Eleam C.F d 59AM
17 SAM Bar Scale 1" - 1000'
16 Lirla Beth ill - "Evm,d vtr 1.7482
19 Jill Ann LWe 2.9479
20 OWWW 4 Carnes,Jr. 3.0449 Exhibit Plat Showing The Proposed
21 NM.Willims.Jr.wW Ksauyn Moves C1LSuveaux 12.6862
22 j0M Tr4W Henry,dux 1.3360 "Garden Villas Gas Unit No. -1"
23 Rpollo GaaNneda at ux 1.3768
24 Virginis VefowJdeudon,etd 1.3759 265.1489 Acres
25 Virgink V 1A254 For
28 White AW" 0.542
27 F et 1.3306 Ballard Exploration Company, Inc.
26 Befty Melone Freetwon.at d 1.3810
29 1 SpamosrAnnour,.k. 1.0475 In The
30 Arm M Willa W,at Inc. 3.0139 ASAHEL SAVERY SURVEY
31 Ma9nowak Bladlvrel,d d 3At36
32 Pave 2J�1 Abstract 46
33 ovelMed Door Company of Beaumont.Inc. 2.1487
u n LW.,et d 13.08119
35 Beaumont 99.0974 Ja�aiw.a.�rc
Total acreage 265.1489 Prepared In The Offices Of Shine&Johnston,Inc.
EXHIBIT`B"
POOLED 1M DESIGNATION
BALLARD F.,I(PLORATION COMPANY,INC.
GARDEN VILLAS NO.1 GAS UNIT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS,THAT:
COUNTY OF JEFFERSON §
WHEREAS, the undersigned, BALLARD EXPLORATION COMPANY, INC.,
CllviAREX ENERGY CO., and
(h ereinafter collectively referred to as"Ballard"),are the present owners of Oil,Gas and Mineral
Leases (hereinafter referred to as the "Leases") more specifically identified in Exhibit "A"
attached hereto and made a part hereof,which Leases and the records thereof are hereby referred
to and incorporated herein for all purposes;and
WHEREAS,each of the Leases covers lands described on Exhibit"B" attached hereto,
which shall comprise the Unit Area for the GARDEN VILLAS NO. 1 GAS UNIT(hereinafter
referred to as"Unit Area"),out of the Ashael Savery Survey,A-46,Jefferson County,Texas;and
WHEREAS,it is the judgment of Ballard that in order to properly develop and operate
the lands covered by the Leases,it is necessary aud advisable to pool and combine,as to gas,to
the extent hereinafter described and provided for,the acreage and interests within the Unit Area
and it is further the judgment of Ballard that such action will promote the conservation of natural
resources,prevent waste,and protect correlative rights.
NOW,THEREFORE,Ballard,for the reasons and purposes stated above,and exercising
each right and authority it has, does hereby pool, combine and unitize the lands described on
Exhibit"B" attached hereto,forming the Unit Aron and the Leases,the leasehold estate created
thereby,all royalties and all overriding royalties insofar as same cover,affect,or apply to any of
the lands within the Unit Area; for the drilling for, production and development of gas and
associated hydrocarbons produced in conjunction therewith in and under said Unit Area insofar
and only insofar as such gas is produced from that portion of the Formation
identified below.
As used in this instrument, gas means and includes only the gas and those liquid
hydrocarbons and other minerals in,and which may be produced from a gas well completed in
the stradgraphic equivalent of that portion of the . Formation defined as the
interval between the electric log depths of feet and feet true vertical
depth as seen on that certain
Log taken on 2011,API Serial No. , in
the Garden Villas No.1 Well,located in the A.Savery Survey,A-46,Jefferson County,Texas.
Operations on and production of gas from any part of the Unit Area shall,for all purposes
except computation and payment of royalties,overriding royalties,and other interests in or on
such production,be considered as operations on and production from all lands within the Unit
Area For purposes of computation and payment of royalties, overriding royalties, and other
interests in or on such production,all gas produced from lands within the Unit Area shall be allo-
cated among said lands in the ratio that the number of surface acres within each tract bears to the
number of surface acres within the entire Unit Area and for those purposes such production so
allocated to a tract shall be deemed to be only from such tract.
The Unit created,d,described and provided for by this instrument is hereby designated the
BALLARD EXPLORATION COMPANY, INC. GARDEN VILLAS NO. 1 GAS UNIT, and
shall remain in full force and effect as long as Ballard,its successors or assigns,continue to own
an interest in any of the Leases or until said Unit is changed,terminated or amended by an
instrument signed by Ballard or its successors or assigns, and recorded in Jefferson Country,
Texas,or as otherwise permitted by law. By execution hereof;Ballard does not exhaust its right
to pool the Leases and lands hereinabove described with other leases and lands as to any other
horizon or strata covered thereby,and it expressly reserves to itself,its assignees or successors in
interest, the right and power and authority to pool or unitize the above-described Leases and
-1-
lands with any other leases,lands,horizons or strata in the vicinity insofar as the power,right and
authority to do so is granted in the subject Leases and the various agreements,and so long as
such power and authority is exercised in accordance with applicable rules and regulations of any
governmental regulatory body or agency having jurisdiction.
If at any time any tract of land or interest within the Unit Area is not properly pooled
hereby or is not otherwise committed to the Unit,such fact shall not affect,terminate,impair or
invalidate the Unit as to any interest properly pooled hereby or otherwise committed.
The undersigned hereby reserves the right(insofar as such right may be permitted under
the terms of said Leases described in Exhibit"A' attached hereto) to amend this Pooled Unit
Designation from time to time and at any time in accordance therewith to correct any area herein
or to include within the Unit Area heremabove described any uncommitted interest or unleased
tract or tracts of land or undivided interests themin located within the boundaries of the Unit
Area, by appropriate amendment, ratification of instrument or instruments correcting same or
committing any such uncommitted or outstanding interest to this Unit.
This Pooled Unit Designation may be executed in counterparts, each of which shall be
considered an original for all purposes. For recordation purposes, the parties hereto are
authorized to detach the signature and acknowledgment pages from one or more counterparts and
attach them for filing with any other executed counterparts.
THIS POOLED UNIT DESIGNATION is dated this day of.2011,
but effective for all purposes as of
BALLARD EXPLORATION COMPANY,INC.
A Texas corporation
By:
A.L.Ballard,President
CIMAREX ENERGY CO.
By:
Name:
Title:
-2-
STATE OF TEXAS §
COUNTY OF HARRIS' §
The above foregoing instrument was acknowledged before me on this the day of
,2011,by A L.Ballard,President of Ballard Exploration Company,Inc.
a Texas Corporation on behalf of said corporation. `
NOTARY PUBLIC in and for the State of Texas
STATE OF OKLAHOMA §
COUNTY OF TULSA §
The above foregoing instmment was acknowledged before me on this the day of
2011 by I as of
Cimarex Energy Co.,on behalf of add company.
NOTARY PUBLIC in sad for the State of Okldwma
-3-
EXHIBIT"C
RATIFICATION OF POOLED UNIT
BALLARD GARDEN VILLAS NO.1 GAS UNIT
STATE OF TEXAS
COUNTY OF JEFFERSON
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS: Ballard Exploration Company,Inc.,as Operator,whose address is 1021 Main Street,
Suite 2310, Houston, Texas 77002 executed and filed of Record that certain Unit Declaration
and Designation as Instrument# of the Official Records of Jefferson County,
Texas ("Unit Declaration");and
WHEREAS: The pooled gas unit established by the Unit Declaration is depicted on the plat and
description which is attached hereto and made a part hereof as Exhibit"A",and
WHEREAS: The undersigned, on behalf of the City of Beaumont, whose address is 801 Main
Street, Beaumont,Texas 77701, executed an Oil and Gas Lease, as"Lessor" in favor of Cimarex
Energy Co., a Memorandum of which Oil, Gas and Mineral Lease is recorded as Instrument
#2007041074 of the Official Records of Jefferson County,Texas ("Lease");and,
WHEREAS: The Lessor desires to ratify and adopt the Unit Declaration, as to their respective
interests under the Lease.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the Lessor hereby ratifies and adopts the Unit Declaration and
confirms the validity of the pooling of the interests under the Lease in accordance with the
terms and conditions of the said Unit Declaration.
Executed this day of , 2011, but effective as of the effective date of the Unit
Declaration.
LESSOR:
By:
Printed Name:
Title:
ACKNOWLEDGEMENT
STATE OF
COUNTY OF
This instrument was acknowledged before me on the day of ,2011,by
Notary Public.State of
RESOLUTION NO.
WHEREAS, the City of Beaumont entered into an amended lease with Cimarex
Energy Company, of Tulsa, Oklahoma, executed July 28, 2010 for 275.44 acres of land
in the A. Savery League, and,
WHEREAS, Ballard Exploration Company, Inc., of Houston, Texas, is preparing to
drill the Garden Villas No. 1 well; and,
WHEREAS, Ballard Exploration intends to form a pooled gas unit of approximately
265.1489 acres which includes 38.4914 acres out of the City of Beaumont lease with
Cimarex; and,
WHEREAS, a Letter Agreement with Cimarex Energy Company was signed on
September 16, 2011 by the City Manager to allow for the 38.4914 acres to be included in
the unit; and,
WHEREAS, City Council ratification of the Letter Agreement will remain in effect for
a period of one year; provided that a unit formed in accordance with the agreement will
remain in effect for as long as production or operations maintain rights in accordance with
the lease;
WHEREAS, the Letter Agreement needed to be executed in order for the City of
Beaumont to participate in the well;
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 Pooling Letter Agreement with Cimarex Energy Company executed on
September 16, 2011 is hereby ratified.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
October, 2011.
- Mayor Becky Ames -
B
RICH WITH OPPORTUNITY
BEA,UMON*
T • Z • X - A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: October 4, 2011
REQUESTED ACTION: Council consider authorizing the award of contracts for the
purchase of asphalts, oils, and emulsions.
RECOMMENDATION
The Administration recommends the award of annual contracts to Martin Asphalt Company of
Houston, in the annual estimated amount of$24,750 for basic road oil products; and to APAC-
Texas of Beaumont, in the amount of$42,750 for HPE Trackless Tack emulsion.
BACKGROUND
Bids were requested for an annual contract for asphalts, oils and emulsions for use by the Public
Works Department, Streets and Drainage Division. The materials are used as bonding agents in
the maintenance and repair of streets. Bid notices were provided to four(4)vendors. Two (2)
vendors responded with pricing reflected in the tables below.
Martin Asphalt,Houston
t s
f
P
SS-1: Slow set oil base 3,000 $2.25 $6,750.00
RS-2: Rapid set oil base 4,000 $2.25 $9,000.00
SE-P: Emulsion Prime 3,000 $3.00 $9,000.00
TOTAL $24,750.00
Anna!Coaftwis for Asphalts,Ob aid Zwmbiws
October 4,2011
Page 2
APAC-T
IWE Trackless Tack Emulsion 15,000 $2.85 $42,750.00
TOTAL $42,750.00
BUDGETARY E"ACT
Funds are available in the Public Wanks Department, Sheets and Dminap Division operating
budget.
••••i*•• "
••• _ CITY OF BEAUMONT,BEAlN1AONT,TEXAS
KAUKO PURCHASING DIVISION BID TABULATION
Bid Norris: Annual Contract for Road Materials-Aspholk ON i Emulu*m
Bid Nom: BFfl611-l6
SM Opening: mill
Contact Parson: Robert(Bob)Holler,Boyar 11
rhQjlar 0j.agaumont.N.us
Phone: 40114W41756
MARTIN ASPHALT APAC-TEXAS
Mort
9m (60 Unit Unit Ps Total Price
1
000 NO
M44
.KLESS ACK
NO RESPONSE: PERFORMANCE GRADE ASPHALT,PRIME MATERIALS
RESOLUTION NO.
WHEREAS, bids were solicited for a contract for the purchase of asphalts, oils, and
emulsions for use by the Public Works Department, Streets and Drainage Division; and,
WHEREAS, Martin Asphalt Company, of Houston, Texas, submitted a bid in the
estimated amount of $24,750.00 for basic road oil products in the unit amounts shown
below:
Martin Asphalt
Product Description Estimated Unit Price / Total Price
Quantity - Gal.
Gallons
SS-1: Slow set oil base 3,000 $2.25 $6,750.00
RS-2: Rapid set oil base 4,000 $2.25 $9,000.00
SE-P: Emulsion Prime 3,000 $1.95 $9,000.00
TOTAL $24,750.00
;and,
WHEREAS, APAC-Texas, of Beaumont, Texas, submitted a bid in the estimated
amount of$42,750 for HPE Trackless Tack emulsion in the unit amounts shown below:
APAC-Texas
Product Description Estimated Unit Price / Total Price
Quantity - Gal.
Gallons
HPE Trackless Tack Emulsion 15,000 $2.85 $42,750.00
TOTAL $42,750.00
and,
WHEREAS, City Council is of the opinion that the bid submitted by Martin Asphalt
Company, of Houston, Texas, for basic road oil products in the unit amounts as shown
above for an annual estimated amount of $24,750.00 and the bid submitted by APAC-
Texas, of Beaumont, Texas, for HPE Trackless Tack emulsion in the unit amounts as
shown above for an annual estimated amount of$42,750.00 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 bid submitted by Martin Asphalt Company, of Houston, Texas, for a
contract to purchase basic road oil products for use by the Public Works Department,
Streets and Drainage Division in the unit amounts as shown above for an annual estimated
amount of$24,750.00 be accepted by the City of Beaumont; and,
THAT the bid submitted by APAC-Texas, of Beaumont, Texas, for a contract to
purchase HPE Trackless Tack emulsion for use by the Public Works Department, Streets
and Drainage Division in the unit amounts as shown above for an annual estimated
amount of$42,750.00 be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
October, 2011.
- Mayor Becky Ames -
c
RICH WITH OPPOSTVNIT!
BEA
T • $ • a • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes,City Manager
MEETING DATE: October 4,2011
REQUESTED ACTION: Council consider nominating C. L. Sherman to the Board of
Directors of the Jefferson County Appraisal District.
RECOMMENDATION
The Administration recommends approval.
BACKGROUND
C. L. Sherman is currently a Member of the Board of the Jefferson County Appraisal District.
The City of Beaumont has nominated,and cast its allocated number of votes to Mr. Sherman for
many years. The terms of the current Board members expire on December 31,2011.
Nominations to the Board are due to be turned in to the Appraisal District by October 15,2011.
After nominations are submitted,a ballot will be mailed out by the Appraisal District to the
eligible governmental entities. Mr. Sherman would like to continue his service on the Board. A
letter from Roland Bieber, Chief Appraiser,is attached for your review.
Jefferson County Appraisal District (409)840-"44
P.O.Box 21337 4610 S.Fourth St, (409) 727-4611
Beaumont,Texas 77720-1337 Beaumont,Texas 77705 Fax(409)727-5621
CHIEF APPRAISER MEMBERS OF THE BOARD
Roland R.Bieber,RPA August 18, 2011 Dr.Louis Reed,JL,Chairperson
Eugene Landry,Secretary
J.Shane Howard
Miriam K Johnson
Charles Lankford
Mrs. Becky Ames C.L.Sherman
Mayor
City of Beaumont
P O Box 3827
Beaumont TX 77704
Dear Mayor Ames:
In accordance with Section 6.03(e)of the Property Tax Code, attached please find the voting entitlement for each
taxing unit that is entitled to vote for the Board of Directors.
The terms of the current Board members expire on December 31, 2011. If your entity would like to submit
nominations for the Board of Directors, you must do so by resolution adopted by your governing body and filed
with me prior to October 15. Before October 30 I will submit to each entity entitled to vote a ballot listing'all of
the nominees. Each entity will then cast its votes, again by resolution adopted by the governing body, and submit
the resolution to me before December 15.
The conservation and reclamation districts nominated Miriam Johnson for the 2012- 2013 term of office. Mrs.
Johnson's name will be placed on the ballot along with the names of the nominees submitted by the County,
cities, and school districts. In the main election, the nominee who receives the majority of the votes cast by the
conservation and reclamation districts will receive all of the votes cast by the special districts.
I have enclosed a copy of the calendar of events for the election of the Board of Directors. Please be aware that
due to new legislation, extensions for submitting your nominees and casting your votes can no longer be granted.
If you have any questions, please do not hesitate to contact me.
Sincerely,
/!Zo!1a0nR.offieber.�RPA
Chief Appraiser
pjb
Enclosures
os
�Mr. Kyle Hayes, City Manager -ry
yTON
0i
ELECTION OF BOARD OF DIRECTORS
Calendar of Events as Revised by HB 2043
Before October 1 Chief Appraiser calculates votes each entity is entitled to and
delivers written notice to each taxing entity (with exception of
conservation and reclamation districts).
Before October 15 By resolution adopted by the governing body, each entity
submits nomination to the Chief Appraiser (with exception of
conservation and reclamation districts). An entity may submit
a nomination for each of the five positions on the Board.
Before October 30 Chief Appraiser prepares a ballot of candidates whose names
were timely submitted and delivers a copy to the presiding
officer of each entity entitled to vote.
Before December 15 Each entity determines its vote by resolution and submits it to
the Chief Appraiser. An entity may cast all its votes for one
candidate or distribute them among candidates.
Before December 31 Chief Appraiser counts the votes, declares the five candidates
who receive the largest vote totals as the winners, and submits
the results to the taxing entities and the candidates
Should any deadline fall on a weekend or holiday, the deadline is extended to the next
regular business day.
Revisions to Section 6.03 of the Property Tax Code no longer allow the Chief
Appraiser to grant an extension for submittiog nominees or casting votes
JEFFERSON COUNTY APPRAISAL DISTRICT
Voting Allocation for 2012 - 2013 Board of Directors
Based on 2010 Tax Levies
% of Total
2010 Tax Levy Tax Levy # of Votes
Drainage District #6 $17,557,079.85 3.75% 187
Drainage District #7 $15,512,432.58 3.31 % 166
Navigation and Waterways Dist $5,999,233.43 1 .28% 64
Port of Beaumont $6,346,476.89 1 .35% 68
Port of Port Arthur $8,834,975.84 1 .89% 94
Port of Sabine Pass $525,948.12 0.11 % 6
Trinity Bay Conservation Dist- $132,246.06 0.03% 1
WCID #10 $878,561 .85 0.19% 9
SUBTOTAL C & R DISTRICTS: $55,786,954.62 11 .91 % 595
Jefferson County $79,933,122.21 17.06% 853
Beaumont ISD $115,116,708.99 24.57% 1,229
Hamshire-Fannett ISD $8,423,275.52 1 .80% 90
Hardin Jefferson ISD $8,526,805.46 1 .82% 91
Nederland ISD $21 ,126,903.47 4.51 % 226
Port Arthur ISD $60,000,239.96 12.81 % 641
Port Neches-Groves ISD $37,694,116.02 8.05% 402
Sabine Pass ISD . $6,934,625.63 1 .48% 74
City of Beaumont $43,572,420.46 9.30% 465
City of Bevil Oaks $104,576.19 0.02% 1
City of Groves $4,694,807.91 1 .00% 50
City of Nederland $5,461,468.52 1 .17% 58
City of Port Arthur $15,446,436.74 3.30% 165
City of Port Neches $5,609,966.48 1 .20% 60
SUBTOTALS: $412,645,473.56 88.09% 4,405
TOTALS: $468,432,428.18 100.00% 5,000
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby casts all of its votes for C. L. Sherman to the Board of
Directors of the Jefferson County Appraisal District.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
October, 2011.
- Mayor Becky Ames -
D
SIGH WITH OPPORTUNITY
BEAUMDN*
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart Public Works Director
MEETING DATE: October 4, 2011
REQUESTED ACTION: Council consider a resolution authorizing the acquisition of
property located at 5768 Concord Road for the Concord
Road Pavement Widening Project.
RECOMMENDATION
The Administration recommends approval.
BACKGROUND
As part of the Concord Road Pavement Widening Project, approximately sixty-two (62)parcels
of land from East Lucas to Highway 105 are being acquired. The owner of the property listed
below,has agreed to convey his property to the City:
Parcel#45 0.0154 acre situated in the F. Bigner Survey, Abstract No. 1
(5768 Concord Road) Value: $2,200.00
Owner: Jose T. Gonzales
BUDGETARYIMPACT
Funds are available in the Capital Program.
RESOLUTION NO.
WHEREAS, an agreement has been negotiated for the acquisition of property described
below and in Exhibit "A" and shown on Exhibits "B" and "C," attached hereto, for the
Concord Road Pavement Widening Project:
Parcel #45: 0.0154 acre situated in the F. Bigner
Survey, Abstract No.1
Address: 5768 Concord
Owner: Jose T. Gonzales
Appraised Value: $2,200.00
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 purchase of the above described property be, and the same is, hereby
approved.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
October, 2011.
- Mayor Becky Ames -
March 2009
Parcel 45
Page 1 of 4
EXHIBIT
County: Jefferson
Highway: Concord Road
Project Limits: East Lucas to US 96, 69, 287
PROPERTY DESCRIPTION FOR PARCEL 45
Being a 0.0154 acre (669 square feet) of land, situated in the F. Bigner Survey, Abstract
No. 1, out of and part of that certain called 0.305 acre tract of land having been
conveyed to Jose T. Gonzales and Anna L. Gonzales from Steven A. Rose and Rhona
L. Rose by deed dated October 31, 1990 and being recorded under Film Code No. 103-
40-2173 of the Real Property Records of Jefferson County, Texas, said 0.0154 (669
square feet) acre of land being more particularly described as follows;
COMMENCING at a 1/2" iron pipe found for an interior ell comer in the Easterly line
of that certain called 6.6074 acre tract of land, also being identified as Tract I, having
been conveyed to Gene A. Van Meter from Monica O'Connor by deed dated
September 20, 2007 and being recorded under Clerk's File No. 2007037089 of the
Real Property Records of Jefferson County, Texas;
j THENCE, SOUTH 19°24'37" WEST, along the Easterly line of the said 6.6074 acre
Van Meter tract for a distance of 169.02 feet to the Northwesterly comer of the said
0.305 acre Gonzales tract and continuing along the Easterly line of the said 6.6074
acre Van Meter tract and the Westerly line of the said 0.305 acre Gonzales tract for
a total distance of 332.32 feet a 5/8" iron rod with cap stamped "City of Beaumont
ROW Monument" set for comer in the proposed Northeast right-of-way of Concord
Road and the POINT OF BEGINNING of the parcel herein described;
1) THENCE, SOUTH 62°03'58" EAST, along the proposed Northeast right-of-way of
Concord Road for a distance of 70.86 feet to a 5/8" iron rod with cap stamped "City
of Beaumont ROW Monument" set for comer in the proposed Northeast right-of-way
of Concord Road, said comer being in the Easterly line of the said 0.305 acre
Gonzales tract and said comer being in the Westerly line of that certain called 0.938
acre tract of land having been conveyed to The Church of the Living God from Neil
V. Laminack by deed dated June 1, 1987 and being recorded under Film Code No.
101-86-1770 of the Real Property records of Jefferson County, Texas;
2) THENCE, SOUTH 19 024'14" WEST, along the Easterly line of the said 0.305 acre
Gonzales tract and along the West line of the said 0.938 acre The Church of the
Living God tract for a distance of 9.55 feet to a point for comer in the existing
Northeast right-of-way line of Concord Road, said comer being the most Southerly
corner of the said 0.305 acre Gonzales tract and said comer being the
Southwesterly corner of the said 0.938 acre The Church of the Living God tract;
EXHIBIT "A"
March 2009
Parcel 45
Page 2 of 4
EXHIBIT_
3) THENCE, NORTH 62°03'31" WEST, along the existing Northeast right-of-way line of
Concord Road for distance of 70.86 feet to a point for corner, said comer being the
Southwest comer of the said 0.305 acre Gonzales tract and being the most
Southerly comer of the said 6.6074 acre Van Meter tract and from said point a 2"
iron pipe found in tree bears NORTH 19°24'37" EAST a distance of 1.63 feet;
4) THENCE, NORTH 19 024'37" EAST, along the Westerly line of the said 0.305 acre
Gonzales tract and the Easterly line of the said 6.6074 acre Van Meter tract for a
distance of 9.54 feet to the POINT OF BEGINNING and containing 0.0154 acre (669
square feet) of land.
A parcel plat of even date accompanies this property description.
I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of
Texas, do hereby certify that the above field notes correctly reflect an actual survey
made under my supervision and the limits, boundaries and comers are truly shown just
as found at the time of the survey.
Surveyed January 2009
GIVEN UNDER MY HAND AND SEAL THIS THE DAY OF March 2009.
Mark W. Whiteley, RPLS #3636 .�
LEGEND
■ SET 5/8' 1. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT'
IL TXDOT CONTROL MONUMENT
O PARCEL NUMBER
0 FND PROPERTY CORNER AS NOTED P.O.0 PARCEL 45
POWER POLE FND. 112" 1. PIPE
F. BIGNER SURVEY
PROPOSED ROW LINE ABSTRACT N0. 1
EXISTING ROW LINE
PROPERTY LINE CALLED 0.305 ACRES
SURVEY LINE JOSE T. GONZALES, et ux
OCTOBER 31, 1990
COUNTY LINE FC NO. 103-40-2173
OPRJC
CALLED 6.6074 ACRES
TRACT I
GENE A VAN METER CALLED 0.938 ACRES
SEPTEMBER 20, 2007 'L THE CHURCH OF THE LMNG GOD
CF NO 2007037069 JUNE 1, 1987
OPRJC FC NO. 101-86-1770
OPRJC
P.O.B.
PARCEL 45
45
CONCORD ROAD
PARENT TRACT
N.T.S.
BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES
IN THE DESCRIPTION OF THE PARENT TRACT.
SURVEYED FEBRUARY 2009
A PROPERTY DESCRIPTION OF EVEN DATE
ACCOMPANIES THIS PARCEL PLAT.
by.f�., •ty. _ t:a
t nr-01 n,
EXISTING TAKING REMAINING
'{ ACRES ACRES S.F. ACRES
PARCEL 45,
8 1 Q� 0. 305 0. 0154/(669) 0. 2896
+MARK . WHITELEYD ASSOCIATES
INCORPORATED PARCEL PLAT
TING ENGINEERS, S H OW I N G
ORS, AND PLANNERS PARCEL 4 5
m
CONCORD ROAD JEFFERSON COUNTY
P. 0. BOX 5492 3250 EASTER FRWY.
BEAUMONT. TEXAS 77726-5492 BE(AFUM r. TEXAS 803
409-892-0421 SCALE 1 " = 50' MARCH 2009
SHEET 3 OF 4
EXHIBIT "B"
LINE BEARING DISTANCE
L 1 S 19'24'14 V 9.55'
L2 N 19'24'37"E 9.54'
P.O.C. PAR. 45
FN D 1 2
I. PIPE
CALLED 6.6074 ACRES
GENE ARV AN I METER
SEPTEMBER 20, 2007 `���' CALLED 0.305 ACRES
CF NO. 2007037089 JOSE T. GONZALES, et ux
OPRJC OCTOBER 31, 1990
FC NO. 103-40-2173
M OPRJC
N �-
rn :
_ s
d- N �,° CALLED 0.938 ACRES
M 3� THE CHURCH OF THE LIVING GOD
�, r rg JUNE 1, 1987
o, w w d-o FC NO. 101-86-1770 V
o N°
U) OPRJC
i- o rn
ro p N 4
46 N° 00
Z� O X
W
P.O.B. 191+46.14
f'
19z+16.99
PAR. 45 40.00RT
40.00RT S62'03'58"E 70.86' PROPOSED RIGHT OF WAY
N62'03'31'V 70.86'-1-- D - -
FND 2" I. PIPE BEARS EXISTING RIGHT OF WAY
N19'24'37"E 1.63' 1 92+00 CONCORD ROAD
_PROPOSED BASELINE N62'6'14.56"W 1326.64' PARCEL PLAT
SHOWING
l- PARCEL 45
CONCORD ROAD JEFFERSON COUNTY
SCALE 1 " = 50' MARCH 2009
SHEET 4 OF 4
HIGH WITH OPPORTUNITY
[IEAUMON*
T • E • g • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: October 4, 2011
REQUESTED ACTION: Council consider a resolution authorizing the acquisition of
a Sidewalk Easement for the Concord Road Pavement
Widening Project.
RECOMMENDATION
The Administration recommends approval.
BACKGROUND
As part of the Concord Road Pavement Widening Project, approximately sixty-two (62)parcels
of land from East Lucas to Highway 105 are being acquired. The owner of the property listed
below,has agreed to convey a Sidewalk Easement to the City:
Parcel#1 0.015 acre situated in the French Heights Subdivision
(3990 East Lucas Drive) Value: $675.00
Owner: 3990 ELD, LLC
BUDGETARYIMPACT
Funds are available in the Capital Program.
RESOLUTION NO.
WHEREAS, an agreement has been negotiated for the acquisition of a sidewalk easement
described below and in Exhibits"A"and"B"and shown on Exhibit"C,"attached hereto,for
the Concord Road Pavement Widening Project:
Parcel#1: 0.015 acre situated in the French Heights
Subdivision
Address: 3990 East Lucas Drive
Owner: 3990 ELD, LLC
Appraised Value: $675.00
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 purchase of the above described property be, and the same is, hereby
approved.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
October, 2011.
- Mayor Becky Ames -
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
SIDEWALK EASEMENT
THAT 3990 ELD, LLC, a Texas limited liability company, hereinafter called "GRANTOR", 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" or the "CITY", the receipt and sufficiency of
which consideration is hereby acknowledged, has GRANTED and CONVEYED, and by these presents
does GRANT and CONVEY unto the said CITY OF BEAUMONT, its successors and assigns a right,
privilege, and easement for sidewalk purposes in, over and across that certain tract of land owned by
GRANTOR in the CITY OF BEAUMONT, Jefferson County, Texas, said easement described in Exhibit
"A" attached hereto and made a part hereof for all purposes.
The easement herein granted shall be used for the purpose of constructing, reconstructing, and
maintaining sidewalks,and the following rights are also hereby conveyed:
It is expressly understood and agreed that the City shall have the right of ingress to and egress
from the above described tract of land of the GRANTOR as well as beneath and below the surface of the
above described easement for the aforesaid purposes of this easement.
The City hereby agrees that upon any exercise of its rights hereunder, that it shall repair any
damage caused by the City and restore Grantor's property to the same condition as before City's work,
including the relocation of any subsurface improvements such as sprinkler lines. The City also agrees
that any work performed under this easement shall not deny pedestrian and vehicular ingress and egress to
and from Grantor's property. Acknowledging the limitations placed upon municipalities by the State
Constitution, the City agrees, only to the extent allowed by the laws and Constitution of the State of
Texas,to indemnify and hold Grantor,and any tenant of Grantor,harmless from claims,actions,costs and
damages arising from any injury suffered by third parties due to the City's negligence or intentional acts
under this easement.
EXHIBIT "A"
TO HAVE AND TO HOLD the above described easement unto the said CITY OF BEAUMONT,
Jefferson County,Texas,its successors and assigns forever.
EXECUTED this day of ,2011.
GRANTOR:
3990 ELD,LLC
By: Title:
Louis Rhodes Managing Member
WALGREEN CO., as tenant under that certain Lease dated November 9, 1993,with 3990 ELD,LLC(as
successor in interest to Lucas Development, Inc.) for the above-referenced premises, hereby consents to
the above conveyance of easement right.
By:
Name:
Its:
ACKNOWLEDGMENT
STATE OF ILLINOIS X
COUNTY OF X
BEFORE ME, the undersigned authority, personally appeared-, the
of WALGREEN CO.,whose name is subscribed to
the foregoing instrument and who is personally known to me, and acknowledged to me that the same was
the act of the said WALGREEN CO., and that he executed the same for the purposes and consideration
therein expressed and in the capacity stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this_day of ,
A. D. 2011.
Notary Public, State of Illinois
STATE OF CALIFORNIA X
COUNTY OF X
BEFORE ME, the undersigned authority, personally appeared ,
of 3990 ELD.LLC,whose name is subscribed to the foregoing instrument and who is personally known
to me, and acknowledged to me that the same was the act of the said 3990 ELD. LLC, and that he
executed the same for the purposes and consideration therein expressed and in the capacity stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this_day of ,
A. D.2011.
Notary Public, State of
RETURN TO:
City of Beaumont
Antoinette Hardy
P.O.Box 3827
Beaumont,TX 77704
March 2011
Parcel 1
Page 1 of 1
County: Jefferson
Highway: Concord Rd.
Project Limits: East Lucas to US 96, 69, 287
PROPERTY DESCRIPTION FOR PARCEL 1
COMMENCING at 5/8" iron rod found for the most Westerly corner of said
1.3694 acre ELD, LLC from Lucas Development tract.
1) THENCE, SOUTH 53°00'54" EAST along the proposed Northeast right-of-way
line of Concord Road for a distance of 99.98' feet to a 5/8"iron rod.
2) THENCE, NORTH 52°51'44" WEST along the proposed Southeasterly property
line of property line of the said 1.3694 acre tract of land having been conveyed to
3990 ELD, LLC from Lucas Development, Inc for a distance of 176.05' feet to a
PROPOSED new Northwesterly corner of property.
3) THENCE, SOUTH 3537'19" WEST along the proposed Southeasterly property
line of property line of the said 0.2064 acre H. E. Butt Grocery Company tract and
said point being in the Northwesterly line of that certain called 1.3694 acre tract
of land having been conveyed to 3990 ELD, LLC from Lucas Development, Inc
for a distance of 5.00 feet POINT OF BEGINNING and containing 0.015 acres
(666 square feet).
EXHIBIT "B"
EG ND
• FOUND IRON ROD iso+o0 -- - — - — - — - — - — - — - —
■ PUNCH MARK SET IN CONCRETE �
P.0. B.
PAR 1
_53°00' W (99.9 — — -
- - - - - _ - - - - life . - -= - - -- - - - - - - - - - -
N 52°51 '44" W (176.05 ) - - - - - -- _
STA. 149+35.65 _
(40.27' RT. ) S 35-37' 19" �V .
(5.00' ) I
I
I
I m I
' I
i ° u 4 I
Yz O
I Q I
3990 ELD° LLC D I U
13 2004030574 � I H
a 1. 3694 acres z I m
w
iw WALGREENS - - - - - -
I w
Z
I r
H
tr
W
O
0-
PROPERTY LINE
Csi',;r oj6iraumont
ArW—(�owwwft
w
JOINT USE
SHOWING
PARCEL •1
F
RICH WITH OPPORTUNITY
B E nm
, AUM,un* City Council Agenda Item
T • E • % • A • $
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: October 4, 2011
REQUESTED ACTION: Council consider authorizing the acceptance of a ten foot(10')
wide Exclusive Water Line Easement located at 7870 Highway
105.
RECOMMENDATION
The Administration recommends approval.
BACKGROUND
Beaumont Community Church has agreed to convey a ten foot(10')wide Water Line Easement
to the City of Beaumont. The property is described as 0.086 acre (3742.33 square feet)tract out
of and a part of certain tract called 19.47 acre tract situated in the Daniel Easley League,Abstract
No. 20 located at 7870 Highway 105.
BUDGETARYIMPACT
None.
RESOLUTION NO.
WHEREAS, the Beaumont Community Church has agreed to convey a ten(10)foot
wide exclusive water line easement, said easement being 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 construction of a facility located at 7870 Highway 105; 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 the Beaumont Community 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 Beaumont this the 4th day of
October, 2011.
- Mayor Becky Ames -
W4>jRTECH "R&W,#V Me,8wft,ksofthe s our ftwOt Wwards the future'
LAND SURVEYORS, INC.
Rlcn.ro L.woru»y,RPLs
J.L.Sims,Jr.,RPLS
EXHIBIT"A"
Page 1 of 3
September 28, 2011
Surveyor's Field Note Description: 0.086 Acre Exclusive Water Line Easement
BEING a 0.086 acre (3742.33 square feet) tract of land (Exclusive City Water Line
Easement) out of and a part of that certain Beaumont Community Church called
19.47 acre tract of land, more fully described and recorded in Clerk's File No.
2004004981 of the Official Public Records of Jefferson County, Texas. Said 0.086
acre (3742.33 square feet) tract of land (Exclusive City Water Line Easement) being
situated in the Daniel Easley League, Abstract No. 20, Jefferson County, Texas and
being more particularly described as follows:
COMMENCING at a 5/8 inch iron rod found at the Southwest corner of said 19.47
acre tract, same being the Southeast corner of that certain Lot 2, Block 7 of the
Windemere Subdivision Section One, more fully described and recorded in Volume
12, Page 89 of the Map Records of said Jefferson County, same being in the North
right-of-way line of State Highway 105 (public right-of-way);
Thence North 03 deg. 32 min. 00 sec. East along and with the West line of said
19.47 acre tract, same being the East line of said Block 7, a distance of 134.75 feet
to a point at the PLACE OF BEGINNING of the herein described tract;
THENCE North 03 deg. 32 min. 00 sec. East continuing along and with the West
line of said 19.47 acre tract, same being the East line of said Block 7, a distance of
1.46 feet to a 5/8 inch iron rod with cap stamped "WORTECH SURVEYORS" set for
an angle corner in the West line of said 19.47 acre tract, same being the Northeast
corner of Lot 1 of said Block 7, same being in the South line of South Windemere
Drive (50 feet wide right-of-way);
THENCE North 37 deg. 37 min. 22 sec. East continuing along and with the West
line of said 19.47 acre tract, same being the East line of said South Windemere
Drive, a distance of 9.32 feet to a point;
THENCE South 75 deg. 36 min. 27 sec. East, a distance of 47.97 feet to a point;
THENCE North 87 deg. 20 min. 17 sec. East, a distance of 187.63 feet to a point;
1480 Cornerstone Court
Beaumont,Texas 77706
Tel: 409.866.9769 Fax: 409.866.7075
www.wortech%
EXHIBIT "A"
W,TPRTECH
LAND SURVEYORS, INC.
EXHIBIT"A"
Page 2 of 3
0.086 Acre Exclusive City Water Line Easement
THENCE North 02 deg. 39 min. 22 sec. West, a distance of 6.66 feet to a point;
THENCE North 87 deg. 20 min. 38 sec. East, a distance of 10.00 feet to a point;
THENCE South 02 deg. 39 min. 22 sec. East, a distance of 135.05 feet to a point in
the North right-of-way line of said Highway 105, same being the most Southerly
South line of said 19.47 acre tract;
THENCE South 87 deg. 19 min. 26 sec. West along and with the North right-of-way
line of said Highway 105, same being the most Southerly South line of said 19.47
acre tract, a distance of 10.00 feet to a point;
THENCE North 02 deg. 39 min. 22 sec. West, a distance of 118.39 feet to a point;
THENCE South 87 deg. 20 min. 17 sec. West, a distance of 189.13 feet to a point;
THENCE North 75 deg. 36 min. 27 sec. West, a distance of 52.87 feet to the
PLACE OF BEGINNING, having an area of 0.086 acre (3742.33 square feet) of
land, more or less.
(This description is based upon a survey made on the ground under my direct supervision on
January 18-27, February 15, and April 4, 2011 and is being submitted along with a survey plat
showing the property and facts found as described herein. All bearings are based upon the
Texas Coordinate System of 1983 (COBS), South Central Zone `4204' (US Survey foot). All
distances and acreages are surface with a combined adjustment factor of 1.00007 applied.)
f
MI
'stered Professional Surveyor
~° svi
EXHIBIT "A"
PAGE 3OF3
W EXCLUSIVE CITY WATER LINE EASEMENT
BOUNDARY LINE TABLE
LINE BEARING DISTANCE
Lt NO3'32'00'E 1.48• ABBREVIATIONS
L2 N37'3T22 E 9.32' FND FOUND
L3 S75'wzm 47.9T I.ROD IRON ROD
0' S0' 100' 200' L4 N8r20'1rE 187.83' R.O.W. RIGHT-0F-WAY
L5 NO2'39'2YW 8088' Sq.FL SQUARE FEET
SCALE:1 ■100 L8 N8r20'38'E 10.00 W�P WITH CAP
L7 302°39 22'E 135.05 M.R.J.C. MAP RECORDS OF
JEFFERSON COUNTY
L8 S8r1928'W 10.00' O.P.R.J.C. OFFICIAL PUBLIC RECORDS
L9 NO2'3922'W 118.39' OF JEFFERSON COUNTY
L10 SSr20'17-W 189.13'
L11 N75'38'27'W 55T CHURCH NOTES: "OR"' PPAARMONE CHRIST
ALL BEARINGS ARE BASED UPON THE TEXAS CALLED 1.607 ACRE 246.17 1
COORDINATE SYSTEM OF 1963,SOUTH CENTRAL O.PAJ.C.
ZONE'42W(US SURVEY FOOT).ALL DISTANCES FND 518' FND 5•
AND ACREAGES ARE SURFACE WITH A COMBINED 1.Roo 1.ROO
ADJUSTMENT FACTOR OF 1.00007 APPLIED. 802'3937lE 2WAY
SUBMITTING INFORMATION: EY �C A G�JE
BEAUMONT COMMUNITY CHURCH Ep S1- P
IN5 INFINITY
AATTNN:�PHENNFFORMMAN 4094M-5283 DANA" CEp Qc Np 20
BEAUMONT COMMUNITY CHURCH
CALLED 19.47 ACRE TRACT C 0
FND irz• C.F.No.2004004981 L7 3:O 1.ROD O.P.R.J.C. ¢ O�
L5 L9
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BE,
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 4,2011 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-4/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider approving a contract for maintenance and repair of City sprinkler and
irrigation systems
2. Consider approving an annual contract for the purchase of lime slurry for use by
the Streets and Drainage Division
3. Consider approving an annual maintenance agreement for SunGard Public Sector
software support
4. Consider granting a new solid waste collection and transportation service
franchise to Enviro Waste Solutions(EWS)
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.
1
October 4,2011
Consider approving a contract for maintenance and repair of City sprinkler and irrigation systems
RICH WITH OPPORTUNITY
& SONT
11EAUM lk
T • E • x • A - s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark Chief Financial Officer"
MEETING DATE: October 4, 2011
REQUESTED ACTION: Council consider authorizing the award of a contract for
maintenance and repair of City sprinkler and irrigation systems.
RECOMMENDATION
The administration recommends the award of a contract to Olguin Brothers Landscaping, of Beaumont,
in the estimated amount of$120,000.
BACKGROUND
There are, at this time, thirty-eight (38) City-owned properties that utilize sprinkler and/or irrigation
systems. Recently enacted state regulations require these systems be installed and maintained by state
licensed personnel. There are no City personnel who are qualified and licensed to perform this work.
At the request of the Public Works Department, bids were requested from six (6)vendors for an annual
contract to provide labor and materials to repair, maintain and install various sprinkler and irrigation
systems throughout the City. The contract specifies that the vendor provide various services at a fixed
hourly rate and materials at a fixed percentage mark-up. Responses were received from three (3)vendors
as shown below.
Olguin Brothers has performed this work for the City on prior occasions on a casual basis.
Vendor Total Bid
Olguin Brothers Landscaping, Beaumont $120,000
Bio Landscaping, Beaumont $130,000 .
All Star Plumbing, Inc., Beaumont No Bid
The properties included in this contract together with the division or department responsible for it are
attached.
BUDGETARY IMPACT
Funds are available for this expenditure in the operating budgets of Public Works, Parks& Recreation,
Henry Homberg Golf Course, and the CVB.
Annual Contract for Maintenance & Repair of Sprinkler and Irrigation Systems
October 4, 2011
Page 2
FACILITY LOCATION Dept/Div. Responsible
City Hall 801 Main St. Public Works
Riverfront Park 805 Main St. Public Works
Police Station 255 College Public Works
Julie Roger's Theatre 765 Pearl Public Works
Civic Center 701 Main St. Public Works
Tyrrell Library 695 Pearl Public Works
Beaumont Public Library 801 Pearl Public Works
Fire Museum 400 Walnut Public Works
Convention & Visitor's Bureau (CVB) 505 Willow CVB
Alice Keith Park Community Center 4075 Highland Parks
Central Park Community Center 2925 Fannin Parks
North End Community Center 3580 E. Lucas Parks
Best Years Center 780 S. Fourth St. Parks
Sterling Pruitt Center 2930 Gulf St. Parks
Henry Homberg Golf Course 5940 Babe Zaharias Dr. Parks
Tyrrell Park Tree Farm 5305 Tyrrell Park Road Parks
Athletic Complex 950 Langham Rd. Parks
Parks Operations Offices 1370 Langham Rd. Parks
EMS Station No. 2 3020 Municipal Dr. Public Works
Martin Luther King, Jr. Park 1050 College Parks
Rogers Park sign 1455 Dowlen Rd. Parks
Collier's Ferry 5390 Pine St. Parks
Wuthering Heights 3650 Delaware Parks
Welcome to Beaumont 850 N. Pearl St. Parks
Beckenstein Plaza 340 Willow Public Works
Annual Contract for Maintenance & Repair of Sprinkler and Irrigation Systems
October 4, 2011
Page 3
Weller Hines Plaza 400 Willow Public Works
Kyle Plaza 730 Willow Public Works
Commerce Plaza 909 Laurel Public Works
Coffee Plaza 8865 Laurel Public Works
Rotary Fountain 300 Laurel Public Works
Tevis Milam Plaza Main and Pine Street Public Works
Italian Plaza College and Neches Public Works
Madison Doucett median Irving and Madison Public Works
Crow Rd and Dowlen Lot at Crow Rd & Dowlen Public Works
Calder Median Downtown Public Works
Marie Calcote median Phelan Blvd and Kennedy Public Works
Maury Myers Bridge East and West side Public Works
Pointe Parkway Folsom Rd. Public Works
max*ITS O!}OIKTOWTVT
OCITY OF BEAUMONT, BEAUMONT,TEXAS
: - a - x • s - s PURCHASING DIVISION BID TABULATION
Bid Name: Annual Contract for Irrigations System Maintenance&Repair
Bid Number: BF0811-56
Bid Opening: Thursday, September 15, 2011
Contact Person: Robert(Bob) Hollar, Buyer 11
rhollar ct'i.ci.beaumont.bc us
Phone: 409-880-3758
Vendor 0%1& r Bros BIO Landscape
City/State ant Beaumont
Phone or Fax No. 4fi0 842-' 409 842-1333
Unit Price Extended Price Unit Price Extended Price
ITEM DESCRIPTION QTY
1 Licensed Technician 2500 $ 28.00 $70,000.00 $ 35.00 $87,500.00
2 Laborer/Helper 2500 $ 20.00 $50,000.00 $ 17.00 $42,500.00
TOTAL BID $ 120,000.00 ' $ 130,000.00
Material Markup Est,$30001 r 10% 15%
Equipment Rental Markup 9% 30%
NOTE: AWARDED VENDOR IS HIGHLIGHTED.
NO BID: ALL STAR PLUMBING
NO RESPONSE: AL COOK, GARDEN OF GETHSEMANE,JAY'S LANDSCAPING
RESOLUTION NO.
WHEREAS, bids were solicited for an annual contract to provide labor and materials
to repair, maintain and install City sprinkler and irrigation systems throughout the City;and,
WHEREAS, Oiguin Brothers Landscaping, of Beaumont, Texas, submitted a bid in
the estimated amount of$120,000; and,
WHEREAS, City Council is of the opinion that the bid submitted by Olguin Brothers
Landscaping 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 bid submitted by Olguin Brothers Landscaping, of Beaumont, Texas, in
the estimated amount of $120,000 for maintenance and repair of City sprinkler and
irrigation systems be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
October, 2011.
- Mayor Becky Ames -
2
October 4,2011_
Consider approving an annual contract for the purchase of lime slurry for use by the Streets and
Drainage Division
RICH WITH OPPORTUNITY
BEAU�MON*
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: October 4, 2011
REQUESTED ACTION: Council consider authorizing the award of an annual
contract for Lime Slurry.
RECOMMENDATION
The Administration recommends the award of a contract to LaHoist North American, Inc., of
LaPorte, Texas in the estimated amount of$97,200.
BACKGROUND
Bids were requested for an annual contract to provide lime slurry to be used by the Streets and
Drainage Division. Lime slurry is used, in liquid form,to stabilize soil in road construction.
Three(3)vendors were notified and one (1)response was received. LaHoist North America
(formally Chemical Lime)who has held this contract for several years was only bidder. The bid
amount represents an approximate eight per-cent(8%)increase over the current contract pricing.
Bid response is shown in the tabulation below.
e e s
LaHoist North America, Inc., LaPorte, TX $162/ton $97,200.00
U.S. Lime Co., Dallas, TX NO
RESPONSE
Gulf Coast Limestone, Inc., Port Arthur NO
RESPONSE
BUDGETARY IMPACT
Funds are available in the Public Works Department, Streets and Drainage Division's operating
budget.
I
RESOLUTION NO.
WHEREAS, bids were solicited for an annual contract for the purchase of lime slurry
for use by the Public Works Department, Streets and Drainage Division; and,
WHEREAS, LaHoist North American, Inc.,of LaPorte,Texas,submitted a bid in the
amount of$162 per ton for an estimated cost of$97,200; and,
WHEREAS, City Council is of the opinion that the bid submitted by LaHoist North
American, Inc., of LaPorte, Texas, 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.
THAT the bid submitted by LaHoist North American, Inc., of LaPorte,Texas, for an
annual contract for the purchase of lime slurry for use by the Public Works Department,
Streets and Drainage Division, in the amount of $162 per ton for an estimated cost of
$97,200 be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
October, 2011.
- Mayor Becky Ames -
3
October 4,2011
Consider approving an annual maintenance agreement for SunGard Public Sector software
support
RICE WITS OPPORTUNITY
BE-
T • $ • Y • s • B City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Chief Technology Officer
MEETING DATE: October 4, 2011
REQUESTED ACTION: Council consider renewal of an annual maintenance
agreement for SunGard Public Sector software support.
RECOMMENDATION
The Administration recommends payment of an invoice to SunGard Public Sector for the renewal
of an annual maintenance agreement for software support in the amount of$87,105.
BACKGROUND
SunGard Public Sector is used by various City departments. This purchase is exempt from
competitive bidding since it is available from only one (1) source having exclusive rights to
modify and maintain the software. The software maintenance agreement provides for unlimited
telephone support and up to three(3) software updates during the annual term.
This agreement is for an annual period beginning October 1, 2011 and includes the following
applications.
Software Application Contract Amount
Building Codes and Permitting $4,720
Finance Cash Receipts $2,870
Finance Fixed Assets $2,720
Finance GMBA Accounting System $11,280
Finance Loans Module $2,300
Finance Accounts Receivable $3,990
Finance Purchasing $6,200
Finance Payroll $9,320
Imaging Interfaces $2,595
C1ick2GOV Citizen Web Portal $3,780
Municipal Court $8,740
Jury Management $2,220
Land Management $4,250
Occupational License $1,990
Document Management Services $960
Water Billing and Citizen Online Payments $10,770
Application Modifications $8,400
Total $87,105
BUDGETARYIMPACT
Funding is budgeted for fiscal year 2012 as follows:
General Fund $57,295
Municipal Court Technology Funds $17,740
Water Fund $12,070
Total $87,105
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 pay an invoice in the amount
of$87,105 to SunGard Public Sector for the renewal of an annual maintenance agreement
for software support beginning October 1, 2011.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 4th day of
October, 2011.
- Mayor Becky Ames -
4
October 4,2011
Consider granting a new solid waste collection and transportation service franchise to Enviro
Waste Solutions(EWS)
RICH WITH OPPORTUNITY
ME
0EA1:U ITION
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: October 4, 2011
REQUESTED ACTION: Council consider granting a new solid waste collection and
transportation service franchise.
RECOMMENDATION
Administration recommends granting a solid waste collection and transportation service
franchise to Enviro Waste Solutions(EWS).
BACKGROUND
According to City Ordinance 22.05.101,no person shall engage in the business of collecting,
hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a
franchise from the City. Five (5) entities currently have nonexclusive franchise agreements with
the City and are doing business in this area. EWS has requested that the City Council grant the
company such franchise agreement. EWS is locally owned and operated with its corporate office
located at 2300 Hwy 365 in Nederland.
The requested franchise is generally the same as those previously approved by City Council. It
provides for a term of one year from its effective date and a franchise fee of seven percent(7%)
of gross revenues received for service. It also requires the entity to indemnify the City of
Beaumont and provide insurance which names the City of Beaumont as a named insured.
According to City Charter, franchise ordinances require readings at three (3) separate Council
meetings, with the third not less than thirty (30) days from the first reading. The ordinance does
not take effect until sixty(60) days after its adoption on the third and final reading. After passage,
the ordinance must be published for four(4) consecutive weeks in a newspaper of general
circulation in the city. All publication costs are paid by franchisee. Attached, is a copy of the
franchise agreement for your review.
This is second reading of the franchise ordinance.
BUDGETARY IMPACT
A franchise fee of seven percent(7%) of gross receipts is paid into the General Fund.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR
SOLID WASTE COLLECTION AND TRANSPORTATION
SERVICES TO ENVIRO WASTE SOLUTIONS (EWS).
WHEREAS, Enviro Waste Solutions (EWS) (the "Company") has requested a
franchise to operate a solid waste collection and transportation service within the City of
Beaumont, Texas (the "City"); and,
WHEREAS, the City desires to grant such franchise;
NOW, THEREFORE, BE IT ORDAINED BY 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
Section 1.
Grant of Authority
There is hereby granted by the City to Enviro Waste Solutions (EWS) the right and
privilege to operate and maintain within the City a solid waste collection and transportation
service(the"service"). For purposes of this franchise,the term"solid waste collection and
transportation service"shall mean the regular business of collection,hauling ortransporting
any garbage, rubbish,`waste or refuse from locations in the City, and the disposal of such
material in accordance with law. The franchise granted herein is nonexclusive, and
franchises may be granted to other persons for service.
Section 2.
Term of Franchise
The franchise herein granted shall take effect and be in force sixty (60) days after
the final passage hereof as required by law and upon the filing by the Company of an
acceptance with the City Clerk, and shall continue in force and effect until one (1) year
thereafter. The acceptance required hereunder must be in writing and filed with the City
Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term
hereof, this franchise shall continue on a month-to-month basis until terminated by either
party or extended or replaced.
Section 3.
Rates
The Company shall establish rates for service which are uniform as to customer
class based upon such criteria as type of waste, container size, frequency of collection,
and distance of travel. The Company shall file its initial rates for service with its
acceptance as required herein. Such rates shall, unless modified by the City, be effective
with the effective date of this franchise. Any modifications in rates by the Company shall
first be filed with the City Clerk and City Attorney and shall be effective thirty(30)days after
such filing unless modified by City as provided herein. Nothing herein shall prevent the
Company from charging uniform rates which are less than the rates filed with the City. The
City shall have the right to establish rates charged by Company for services performed
hereunder, after notice and hearing. Rates established by the City shall be sufficient to
allow the Company an opportunity to earn a reasonable return on its invested capital used
in providing such services.
Section 4.
Franchise Fee
The Company shall pay to the City, on or before the fifteenth (15th) day of each
month, a sum equal to SEVEN PERCENT(7%)of the gross revenues received for service
in the previous month as payment for the use of the City's streets,alleys and rights-of-way.
The payments herein provided do not relieve Company from the payment of ad valorem
taxes,special assessments, charges, or other fees applicable to the public generally. City
shall have the right, at any reasonable time, to audit the books and records of the
Company and the Company is hereby required to make such books and records available
at the request of City. Upon written acceptance, the Company shall furnish to the City a
listing of customers served, including customer name, address, frequency of pick-up, size
of container or type of service and charge for same. The following report shall be filed
monthly with the City Manager or his designee along with the street rental payment
required herein:
Upon written request-and within thirty(30)days of receipt,the Company shall
furnish to the City adequate reconciliation of reported revenues which would
include: a listing of names and addresses of all customers served,frequency
of pick-up, size of container or type of service and charge for same, and date
service was initiated and discontinued.
Section 5
Indemnity. Insurance and Bond
The Company shall at all times during the effective period of this franchise, carry
liability insurance as provided herein. The Company covenants and agrees at all times to
indemnify and save harmless the City, its officers, agents, employees, and any member
of the public against any and all injuries, damages, claims, causes of action or loss of
compensation arising or resulting from Company's operations under this franchise,whether
or not such loss was caused by the negligence of the City, its agents, servants or
employees. Upon notice given Company by City, Company must defend at its own
expense, any action or suit brought against the City because of any work or other acts
done by the Company under the terms of this franchise. Counsel chosen by Company to
defend City must be satisfactory to City. Company will pay any final judgment which might
be obtained against City by reason of any work or acts done hereunder by Company, its
agents,servants or employees, and Company will pay all damages occurring to any person
or property, public or private, resulting from any fault or neglect on its part or on the part
of its agents or employees.
The Company agrees to carry insurance as follows:
1) Workers' Compensation
The Company shall furnish the City Clerk a certificate of
insurance indicating workers' compensation coverage as
required by the State of Texas.
2) Automobile Liability Insurance
The Company shall carry, in its own name, a policy in
comprehensive form to insure the automobile liability of its
operation with limits of not less than Five Hundred Thousand
Dollars ($500,000.00) per occurrence for bodily injury and, in
addition, not less than One Hundred Thousand Dollars
($100,000.00) property damage. This policy shall name City
as an additional insured and provide for thirty(30) days notice
to City prior to cancellation. A certificate of insurance certifying
such coverage shall be filed with the City Clerk before the
effective date of this franchise, and it shall be maintained in
force during the term of the franchise.
3) General Liability
The Company shall carry, in its own name, a comprehensive
liability insurance policy including contractual coverage for
operations other than automobile with limits of not less than
Five Hundred Thousand Dollars($500,000.00)per occurrence
for bodily injury, and One Hundred Thousand Dollars
($100,00.00) per occurrence for property damage. The policy
shall name the City as named insured and provide for thirty
(30) days notice to City prior to cancellation. A certificate of
insurance certifying such coverage shall be filed with the City
Clerk before the effective date of this franchise and maintained
in force during the term of the franchise.
S c 'on 6.
Compliance with Laws and Ordinances
The Company shall, at all times during the term of this franchise, be subject to all
lawful exercise of police power by the City and to such reasonable regulations as the City
shall hereafter by ordinance provide. In addition,the Company will observe all city,county,
state, and federal laws regulating the collection and disposal of solid waste.
Section 7.
Service Standard and Equipment
The Company shall maintain and operate its collection system and equipment in
good order to render efficient service subject to the terms of this franchise. All vehicles,
containers, and equipment used for the collection and transportation of solid waste shall
be constructed, operated and maintained to prevent loss of liquid or solid waste material
and to minimize health and safety hazards to solid waste management personnel and the
public. Such vehicles, containers, and equipment used shall be maintained in a clean,
sanitary condition and free from odors at all times. All vehicles and equipment shall comply
with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and
roll-off type containers shall be painted and numbered and shall have the Company's name
and telephone number painted in letters of a contrasting color. Such containers may not
be placed on any street or right-of-way within the City. All collections shall be made directly
from the premises of the customer and any emptied containers returned directly to such
premises.
Section 8.
Providing Services
The Company shall provide service to any person, firm, corporation, association or
entity inside the City of Beaumont who requests such service and is not delinquent in the
payment of collection charges due the Company.
Section 9.
Office
The Company shall establish and maintain an office with telephone service and shall
keep said office open for business from 9:00 A.M.to 5:00 P.M. each and every day except
Saturday, Sunday and holidays.
Section 100
Interruption of Service
In the event that service shall be interrupted for any reason for more than forty-eight
(48) hours, the City shall have the right to make temporary independent arrangements for
the purposes of continuing this necessary service to its residents in order to provide or
protect the public health and safety. If the interruption in service mentioned herein
continues for a period of seventy-two (72) hours, then the City shall have the right to
terminate the rights and privileges granted in this franchise.
Section 11.
Termination
In the event that any provision of this franchise is violated by the Company,the City
may serve written notice upon the Company of its intention to terminate this franchise. The
notice shall contain the reasons for such intention to terminate the franchise. Unless within
ten (10)days after mailing such notice by City to the Company, such violation shall cease,
or satisfactorily arrangements for correction be made by Company, the City Council may,
after a public hearing in which Company is provided an opportunity to present evidence
concerning such violation, declare the franchise terminated and serve written notice upon
the Company of the termination and the termination of the franchise shall be effective upon
the mailing of such notice.
Section 12.
Transfer of Franchise Rights
Franchise rights granted hereunder shall not be transferred to another without the
approval of City. A single transfer or a series of transfers of Company's stock which
constitute a transfer of a majority interest in Company is subject to the prior approval of
City.
Section 13.
Notices
Where written notices are provided for in this ordinance, same shall be sufficient to
notify Company when provided by certified mail to:
Enviro Waste Solutions (EWS)
2300 Hwy 365
Nederland, TX 77627
Notice to City is sufficient if mailed by certified mail to:
City Manager
City of Beaumont
P.O. Box 3827
Beaumont, TX 77704
Section 14.
If any section, sentence, clause, paragraph or phrase of this ordinance, other than
Section 4, is for any reason held to be invalid or illegal, such invalidity shall not effect the
remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any
reason, the ordinance shall be immediately invalid.
Section 15.
It is agreed by City and Company that venue of any legal proceedings under this
franchise agreement shall be in Jefferson County, Texas.
Section 16.
Vehicle Permits
Twenty (20) days prior to the effective date of this franchise, the Company shall
furnish to the City a list of all vehicles to be providing solid waste collection and disposal
service under this franchise. Such list shall include state license number, year, make,
model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City
of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize
the City refuse disposal facility. If.at any time a vehicle or equipment is found to be in
noncompliance with Section 7 of this franchise,the Company will be notified of its violation
and said equipment or vehicle shall be removed from service upon receipt of written
notification.
Failure to comply with this provision or to falsify the information concerning the
location of the service of the vehicle shall be a material breach of this franchise. Should
City decide not to terminate this franchise because of any violation of this Section,
Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for
a period of sixty (60) days.
PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the
20th day of September, 2011.
PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this
the day of , 2011.
PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the
day of , 2011.
- Mayor, City of Beaumont-
ACCEPTANCE:
Enviro Waste Solutions (EWS)
By:
(Company Owner/Representative)