HomeMy WebLinkAboutPACKET APR 30 2013 (02)RICK WITH t1l'PcilkT��X,3!
VOL
BEAUMORW
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS APRIL 30, 2013 1:30 P.M.
CONSENT AGENDA
Approval of minutes — April 16, 2013
Confirmation of committee appointments
Bill Little would be appointed to the Planning and Zoning Commission. The term would
commence April 30, 2013 and expire April 29, 2016. (Mayor Becky Ames)
Eddie Senigaur would be reappointed to the Planning and Zoning Commission. The current term
would expire October 12, 2015. (Mayor Becky Ames)
Frank Messina, Jr. would be reappointed to the Planning and Zoning Commission. The current
term would expire April 11, 2016. (Mayor Becky Ames)
Jesus Abrego would be reappointed to the Police Department Community Advisory Committee.
The current term would expire January 10, 2015. (Mayor Becky Ames)
A) Approve a resolution authorizing an agreement related to the filming of the Beaumont
Police Department for the television show COPS
B) Approve a resolution authorizing the granting of a Utility Crossing Agreement to cross
city utility easements outside the corporate limits of Beaumont
C) Approve a resolution authorizing the granting of a Pipeline License Agreement
D) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary
sewer improvements in Briarbend Subdivision
E) Approve a resolution authorizing the City Manager or his designee to reenter into a
Children's Advocacy Interagency Agreement with Jefferson County and the Garth House
F) Approve a resolution authorizing the City Manager or his designee to enter into a
promotional agreement with Academy Sports + Outdoors
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the following appointment be made:
Appointment Commission Beginning Expiration
of Term of Term
Bill Little Planing and Zoning Commission 04/30/13 04/29/14
THAT the following reappointments be made:
Reappointment
Commission
Beginning
Expiration
of Term
of Term
Eddie Senigaur
Planning and Zoning Commission
04/30/13
10/12/15
Frank Messina, Jr.
Planning and Zoning Commission
04/30/13
04/11/16
Jesus Abrego
Police Department Community Advisory
04/30/13
01/10/15
Committee
2013.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April,
- Mayor Becky Ames -
LU
RICH WITH OPPORTUNITY
BUnN
EAUMU *
T- E- X- A- S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
James P. Singletary, Chief of Police
April 30, 2013
REQUESTED ACTION: Council consider a resolution authorizing an agreement with
Langley Productions related to the filming of the Beaumont
Police Department for the television show COPS.
BACKGROUND
Langley Productions is a company that is responsible for filming episodes for the tv show COPS.
They will film for eight weeks in our city with one or two crews. A crew consist of a cameraman
and a soundman. The crew shows up at roll call and rides the entire shift with an officer, filming the
calls he or she is dispatched to. This is a pro -law enforcement show, with the intent of showcasing
officers in a highly professional manner doing a job that is demanding, stressful, and sometimes
dangerous on a national level. There are also several benefits to having this show film our police
agency. It is great for morale and a positive recruiting tool. This show not only entertains it viewers,
but allows the community to connect with the officers that keep them safe everyday. The Beaumont
Police Department would retain full editorial approval of all material filmed and no footage would
be aired without the department's prior approval.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of Resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an agreement with
Langley Productions related to the filming of the Beaumont Police Department for the
television show COPS. The agreement is substantially in the form attached hereto as
Exhibit "A" and made a part hereof for all purposes.
2013.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April,
- Mayor Becky Ames -
March 14, 2013
James P. Singletary, Chief of Police
Beaumont Police Department
255 College Street
Beaumont, TX 77704
Chief Singletary,
This letter will confirm our understanding of conditions under which Langley Productions,
Inc. ("LP") will produce episodes of COPS with the cooperation of the Beaumont. Texas
Police Dent j"Department"l.
1. The Department will be fully consulted in advance of LP filming, after which the
Department will allow LP reasonable access to officers and situations such officers
encounter, subject to the individual officer's consent to the filming All LP film activity will be
subject to and under control of the Department officer in charge. LP recognizes that some
officers and citizens may refuse to be filmed and that the Department has no obligation to
compel them to do so.
2. LP hereby grants Department the right to review and approve all completed
segments prior to "on -lining" with final effects and sound prior to broadcast. LP agrees to
provide the Department's Designated Officer with approval copies of each segment no less
than twenty (20) working days prior to segment on4ining. In consideration of the
time -sensitive nature of LP delivery requirements, Department agrees to provide any notes
regarding substantive segment content no less than ten (10) working days prior to segment
on -lining.
3. LP agrees that it shall indemnify, defend and hold harmless, the Department, its
officers, agents, employees and administrators from and against any and all claims for
damage and liability for injury to or death of persons; and for damage to or destruction of
property occurring during and arising out of the acts or omissions of LP, its employees
and/or agents with regard to LP's filming; and shall pay the reasonable cost of defending
lawsuits resulting therefrom, including, but not limited to, reasonable attorneys fees, court
costs and any judgment awarded to a third party as the result of such suit. In accordance
with the foregoing, LP also agrees to indemnify, defend and hold harmless the Department
from and against all claims related to intellectual property claims arising out LP's filming
activities.
Pg 1 o1`2
I 1 t 1 BROADWAY, SANTA MONICA, CA 90401
AIA_ AAO ~- EXHIBIT "A"^ AAA r,-4AA
4. The CSC Qf Beaumont. Texas shall be named an additional insured on LP's
Comprehensive General Liability Insurance Policy, which shall be written up to a minimum
of $1,000,000.00 in coverage. LP's insurance coverage shall be primary insurance with
respect to the Department, its officers, agents, employees and administrators. Any
insurance or self-insurance maintained by the Department, its officers, agents, employees
or administrators shall be in excess of LP's insurance, and shall not contribute with it.
-'//�3/�I
Ragsdale
icer, COPS
;LEY PRODUCTIONS, INC
Kyle Hayes
City Manager
City of Beaumont, Texas
801 Main Street, Ste 325
Beaumont, Texas 77701
Pg 2 of 2
1 t l 1 BROADWAY, SANTA MONICA, CA, 90401
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, Public Works Director
MEETING DATE: April 30, 2013
REQUESTED ACTION: Council consider a resolution authorizing the granting of a Utility
Crossing Agreement to cross city utility easements outside the
corporate limits of Beaumont.
BACKGROUND
TransCanada Keystone Pipeline, LP has requested permission to install a thirty-six inch (36")
pipeline which will cross various water line and sanitary sewer easements near Hebert Road,
West Port Arthur Road, FM 3514 and Highway 347 located outside the city limits of Beaumont.
The pipeline is for the purpose of transporting oil, and will be constructed in accordance with
City requirements.
There is a one-time fee of $500.00 for the Pipeline License Agreement and an annual fee of
$2.25 per linear foot of pipeline.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to grant a Utility Crossing
Agreement to TransCanada Keystone Pipelilne, LP, substantially in the form attached
hereto as Exhibit "A," to install a thirty-six inch (36") pipeline which will cross various water
line and sanitary sewer easements near Hebert Road, West Port Arthur Road, FM 3514
and Highway 347 located outside the city limits of Beaumont for the purpose of
transporting oil, said pipeline is to be constructed in compliance with City requirements.
2013.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April,
- Mayor Becky Ames -
APPLICATION FOR
UTILITY CROSSING AGREEMENT
OUTSIDE THE CORPORATE LIMITS OF
THE CITY OF BEAUMONT
THE STATE OF TEXAS
COUNTY OF JEFFERSON
Business Name: Irwn►
uAjr,.
Ke4.,Awe
P,oQ�rL?BusinessPhone:( )ihi-b93-%qpo
Business Address: %17
TG aS
t, Soni}e
�yOD oks�OA, I)( �`1u02
The City of Beaumont, hereinafter called "City", for and in consideration of the
sum specified herein 4 gle+ X D
grants to
Ikv►S Lw.rAA.. Y VkS"V- e. , L P hereinafter called "Licensee", the
license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil,
gas, water, or
products, on or across the following City easement and/or property situated outside the City
of Beaumont, Jefferson County, Texas, but being within our Extra -Territorial Jurisdiction
(ETJ) and/or Certificate of Convenience and Necessity (CCN) and being more particularly
described in Exhibit "A" attached hereto and made a part hereof for all purposes.
Nearest Street Distance to Easement length (Linear F000 of Crossing
VGri0kkS - Set QAk"k-dk B k�_._
EXHIBIT "A"
COST OF LICENSE:
Licensee shall make payment to the City of Beaumont as follows:
License Agreement fee - $500.00
o Annual fee of $2.25 per linear foot of pipeline located within City
property. Said fee shall be reset on January 31, 2011 and shall be reset
every ten (10) years, thereafter, to a level to be determined by the City
Council or their delegated representative.
All fees, including the first annual fee for linear foot usage shall be made to
the Water Utilities Department and payable to the City of Beaumont prior to
construction.
This license is granted by the City of Beaumont subject to conditions. Failure to comply
with the following may result in termination of agreement (see page 8).
GENERAL CONDITIONS:
o Licensee does not intend to sell product for resale from the covered pipeline
to customers located within the City; however, Licensee recognizes that
should it sell product for resale from this covered pipeline to customers
within the City, it will be required to report such distribution and when
lawfully required to do so, pay a street rental fee based on revenues. The
annual fee and the regulations controlling the payment of such fee will be
those as lawfully established by the ordinances of the City.
All pipelines crossing City of Beaumont utility easements, water or sanitary
sewer easements shall be bored from easement line to easement line. Within
these limits, the pipeline shall be protected by casing or other method
approved by the City Water Utilities Department.
The pipeline shall be constructed in such a manner as approved by the City
so as it does not interfere with the use of the City property.'
The pipeline shall be installed a minimum of three (3) feet below ground
and a minimum of five (5) feet below the lowest existing or proposed ditch
grades, waterlines, sanitary sewer lines or storm drainage lines, unless
otherwise authorized by the City. Such grades and lines shall be indicated
on map submittal, as well as depth of proposed pipeline (see page 3).
2
The construction and operation of the pipeline shall not interfere
with the natural drainage in that area nor with the drainage system of the
City; nor with sanitary sewer lines, waterlines, or other utilities.
Damage to existing ditch grade during construction or maintenance
of the pipeline shall be corrected and the ditch grade shall be restored to the
condition and grade at which it existed prior to construction or maintenance.
Bore pits shall be backfilled according to City standards.
Excavations necessary for the construction; repair, or maintenance of the
pipeline shall be performed in such a manner that will cause minimal
inconvenience to the public. Licensee shall promptly restore the area to as
good a condition as before working thereon and to the reasonable
satisfaction of the City's Water Utilities Department.
o Operations along easements shall be performed in such a manner that all
property where operations are performed will be restored to original
condition or better. No equipment or installation procedures will be used
which will damage any structures. The cost of any repairs to structures,
sanitary'sewer lines, water lines or other easement features as a result of this
installation will be borne by the owner of this line.
o Any construction which takes place in, on, under, above, or across
property not owned by the City shall require additional permission by the
owner(s) of the property involved. Written proof of said permission is to be
provided to the City as part of the application process. Approval of this
license agreement excludes permission to do any construction on property
which is not owned by the City of Beaumont.
1
o Any licenses, permits or agreements required by another governmental
entity (County, State or Federal) to adjoining property shall be obtained
and a copy of such document shall be provided to the City.
Licensee shall be responsible for acquiring all agreements necessary for the
lawful use of any private property.
o A map showing the location of the proposed pipeline shall be provided.
The pipeline shall be maintained and operated in such a manner as not to
leak and/or cause damage to the City property. Once the pipeline is in
operation, any damage that occurs to the pipeline which results in exposure
or release of product must be reported immediately to the City Fire
Department and Water Utilities Department. Licensee shall fully
3
cooperate with the Fire Department and provide, or assist with providing,
any and all necessary notifications, evacuations or other necessary actions.
Leaks or other defects are to be repaired immediately by Licensee at it's
own cost.
o The Licensee shall be responsible for the cleanup and remediation of
contaminated areas due to exposure or release of product and any and all
costs associated with said cleanup and remediation.
o The Licensee shall be responsible for any and all costs associated with the
relocation of the pipeline. As provided, the necessity for relocation of the
pipeline shall be solely within the discretion of City.
o Installation will be done in accordance with all City standards and statutes
of the State of Texas.
REQUIRED COVERAGE:
Licensee shall furnish the City with a Certificate of Standard Liability
Insurance, including bodily injuries and property damage, naming the City
of Beaumont as an Additional Insured. Such policy shall provide for the
following minimum coverage:
Bodily injuries: $ 300,000.00 per person
$1,000,000.00 per incident
o Property Damage: $1,000,000.00
Such insurance shall be maintained in force and ,effect during the
construction or required maintenance of the pipeline and during the life of
the pipeline.
Such certificate shall contain a provision that at least fifteen (15)
days written notice must be given to the City prior to cancellation,
alteration, or modification of such insurance.
o Licensee shall have in force with the City a surety bond in the principal
amount of $1,000,000.00. The bond shall be payable to the City of
Beaumont for the use and benefit of any person entitled thereto and
conditioned that the principal and surety will pay all damages to any person
caused by, or arising from, or growing out of any violation of the terms of
this agreement. The bond shall provide that it may not be cancelled, altered,
or otherwise modified without giving fifteen (15) days prior written notice
to the City. The bond shall be good and in effect for a period of one (1)
year from the date of completion of construction of the pipeline.
Licensee shall indemnify, save and hold harmless the City of Beaumont
4
from any and all claims for injuries and damages to persons or property
occasioned by or arising out of the construction, maintenance, operation,
repair or removal of the pipeline. This indemnity expressly extends to
claims alleging negligence by the City of Beaumont, it's agents, officers or
employees, arising from actions taken or occurrences under this license
agreement.
o If the pipeline or any part thereof installed by Licensee shall be in any
respect damaged or injured by City or any of its agents or employees in
connection with the performance of any work or repairs that may be done
upon the property mentioned herein:
Licensee shall not be entitled to prosecute or maintain a claim against the City of
Beaumont 'for any such damage or injuries so sustained by it; however, said
conditions shall -not prevent Licensee from recovering against any contractor
who shall damage Licensee's property in the course of such contractor's
performance of any contract with the City.
OTHER CONSTRUCTION/MAINTENANCE WITHIN PROPERTY:
City will use its best efforts to notify Licensee of any proposed construction
and/or maintenance, to be done by City forces or by contract for the. City,
within the property involved with this license.
Notification, to Licensee, of other construction and/or maintenance
permitted by the City and within the property involved with this license
will be the responsibility of the company obtaining said permit.
Licensee shall mark the location of its lines within forty-eight (48)
hours after receipt of such notification of proposed construction.
Licensee shall maintain a local, or toll free, telephone number to be
called for notification of construction or maintenance and for location of
lines. Such number, or charges to such number, will be provided to the City
(Water Utilities Department) and kept current at all times. This number
shall be provided to entities permitted to construct, maintain or excavate
within this City property and which are required to provide notification of
such work. When information has been relayed to Licensee,. through the
phone number provided, such contact shall constitute notification for
Licensee to provide location of its lines. Failure, by Licensee, to respond
within the required time frame shall alleviate the responsibility of the
person(s) requiring the lines to be relocated.
o City reserves the right to lay, and to permit to be laid, sewer, gas, water and
other pipes and cables, and to do or permit to be done any underground
work that may be deemed to be necessary or proper by City in, across,
along, or under the property. In doing or permitting any such work, the
City of Beaumont shall not be liable to Licensee for any damage
occasioned; it being understood that nothing herein shall be construed as
foreclosing Licensee's rights to recover damages against any contractor or
third party who may be responsible for damages to Licensee's facilities.
o Whenever by reason of the change in the grade of the property occupied by
Licensees' pipeline, or by reason of the location or manner of constructing
drainage structures, water pipes, gas pipes, sewers, or other underground
construction for any purpose whatever, it shall be deemed necessary by
City to relocate, alter, encase, change, adopt or conform the pipeline of
Licensee thereto, such change shall be made promptly by Licensee at its
cost and without claim for reimbursement or damages against City. If the
change is demanded by the City for the benefit of any other person or
private corporation, except the City, Licensee shall be reimbursed fully by
the person or corporation desiring or occasioning such change for any
expense arising out of such change; Licensee will, upon notice from the
City, make such change immediately and at its own cost; it being
understood that City will not participate in any part of the cost of any
change involving relocation, altering, encasing, boring, or changing in any
manner of the pipeline where same is within City property.
NOTIFICATIONANSPECTION:
Any and all work tobe performed on City property shall be observed and
inspected by a City representative. Any work to be performed within the
City limits will be subject to periodic inspection to ensure compliance with
construction standards.
Licensee shall provide the City (Water Utilities Department) forty-eight (48)
hours prior to the installation of the lines permitted by this license. A
representative will be scheduled to be present. The expense of such
inspection services may be billed to the Licensee and such amounts will be
reimbursed to the City.
Licensee shall notify the Water Utilities Department at least forty-eight (48)
hours prior to completion of work and removal of equipment from the job
site to permit the City to make an inspection.
SPECIAL CONDITIONS:
Nonassignable
This license is personal to the Licensee. It is nonassignable and any attempt to assign this
license will terminate the license privileges granted to Licensee hereunder.
Termination
This agreement is subject to termination by the City if any condition specified herein is not
met. This agreement may also be terminated by the Licensee. Either party attempting to
terminate this agreement shall give written notice to the other specifying the date of, and
the reason for, termination. Such notice shall be given not less than thirty (30) days prior
to the termination date therein specified. Any written notice may be effected either by
personal delivery or by registered or certified mail, postage prepaid with return receipt
requested. Mail notices shall be addressed to the addresses of the parties as follows:
City of Beaumont Name of Licensee: mvcs Cyy4l. , keuS�W e Pipp,�i�ne, L
P.O. Box 3827
Beaumont, Texas 77704 Address of Licensee: i `� 70,?caS S Sw I �G ayd�
Attn: City Manager City and State of Licensee: Holes, t%, I TX
Upon cancellation, the pipeline shall be removed and property restored to a condition
acceptable to the Water Utilities Director. In the event of cancellation, any and all monies
collected for fees associated with this agreement will remain the property of the City.
There will be no reimbursements.
7
Commencement of work on the pipeline by Licensee after the date of this fully executed
license shall be construed as evidence of Licensee's acceptance and approval of the
conditions above set forth.
IN WITNESS. WHEREOF, the City of Beaumont, Texas, has caused these
presents to be signed by its City Manager and the seal of the City to be herewith affixed by
the City Clerk, this day of , A.D. 20
ATTEST:
City Clerk
CITY OF BEAUMONT, TEXAS
L-Ofi
Kyle Hayes, City Manager
APPLICANT'S COMPANY NAME:
(Licensee)
1 eu v►5 �,,�, _ KeuS P; �el,�►�, L �'
by iiS aeo+ Tc- DiPipet,t,E Dpem0o 5,15,.
Represeled by:
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ATTEST: Title
By:
Secretary Ricardo S. Lopez
Authorized Signatory
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JEFFERSON COUNTY, TEXAS
DAVID A. CUNNINGHAM SURVEY, ABSTRACT NO. 15
A1,11111 N ��
FLOW _ NORTHING: 1 0886069.56 3/
NORTHING:
1301942.87 (!// 1 1
% %' f J' � , %f NORTHING: 10886068.36
PROPOSED 1 / / / 50' �// EASTING: 1301968.89 \
36m PIPELINE
�v �� �� t: 0
Q�Q Q�Q Q�Q ell, Q�Q QQ QQ Q�Q P�4 J 'Q�QQ�Q Q�Q Q�Q QQ QQ 0 o
tvV tvG� �V? �V? lv �V? �V? O Lx o O
�oQ�oQ F°� X02 �o� �o� �o� X02 G ���o�oQ oe4oe �o� �o�
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OOO OxW Ox NX '`b '�� ��yxb'�°,Q,ti�`L'yo'yx'hxry "�� �`, N
�,`ryh�4Q�.���.P
PRODUCT: CRUDE OIL ELAN-
CARRIER PIPE (ROAD HDD): 36' O.D. X 0.748" W.T. PLAN COORDINATES BASED ON
X -70M OSAW PIPE W/14 TO 16 MILS FBE & 30 MILS ARO HORIZ: 1"=100' UTM ZONE 15 NORTH,
MINIMUM TEST PRESSURE: 1,816 PSIG NAD83, U.S. SURVEY FEET
MAXIMUM OPERATING PRESSURE: 1,440 PSIG
CARRIER PIPE TO BE EXTERNALLY COATED w
FOR CORROSION CONTROL N
PIPELINE TO BE CATHODICALLY PROTECTED ANOTUAL SEWER/WATER LINE LOCATION
PIPELINE DESIGN AS PER REQUIREMENTS OF PART 195 TO BE VERIFIED PRIOR TO CROSSING
OF THE CODE OF FEDERAL REGULATIONS (LATEST EDITION) z
TRAFFIC TO BE MAINTAINED DURING INSTALLATION a
PIPELINE TO BE INSTALLED BY HORIZONTALLY DIRECTIONAL DRILLED N
00 N3 n�
+ +0 +>
N a N Q
N W to V N
40' _ ... ............. ........... .. .. ... .... ... ....... ..... ......... .... ............. 40'
VATURAL GROUND
30' _ :......... . ......... ..... ... .... ....... ..... 30'
20' ......................................................... ........................... ............................ 20'
lo' ..............................16" PVC WATER UTILITY .. 12" PVC -FM lo'
SANITARY SEWER
0' ......
0.
-10' -10'
m -20' -20'
..............................
—30' S, MIN. CLEARANCE...... .... -30'
5� MIN. CLEARANCE
-40' .......
-50' -50'
-60'-
TOP OF PROPOSED 60'
-70' 36" PIPELINE ... -70'
3 -80' _.... ........ ............. ....... ... _...... ...
-So'
-s0' -90'
�I
-100'
I n -100
I PROFILE I
HORIZ: 1"=100'
1 i VERT: 1"=50' I z
Lp 16" PVC WATER UTILITY & 12" PVC—FM SANITARY SEWER CROSSING DRAWNG
JA,PERMIT ��
TransCanada
IlniversalPegasus FIA #4387 CHAINAGE: M.P. 478.60 DISCIPLINE # 03
nff y
INTERNATIONAL ORIGINATOR: TITLE KEYSTONE XL — GULF COAST
LOOP CENTRAL DR. UPI 01/07/2013
SUITE OO HOUSTON, TX. PROPOSED PIPELINE CROSSING
SUIT
7137977 7770 CHECKED BY: APPROVED BY: 16' PVC WATER UTIUTY do 12" PVC—FM SANITARY SEWER I I
JOB NO. 11042.00 IG -L I GTC SCALE 1"=100' DWG NO 4387-03—ML-03-504 IRlv 1
PLOTTED SIZE: ANSI A (8.5x11) CADD DRAWING: DO NOT MAKE MANUAL REVISIONS
JEFFERSON COUNTY, TEXAS
DAVID A. CUNNINGHAM SURVEY, ABSTRACT NO. 15
N
3p
/ PROPOSED 3 77
FLOW 36" PIPELINE
~ NORTHING: 10885924.79
2
EASTING: 1305474.62
2 2 2 ~ � ~
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U W U W
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PLAN
COORDINATES BASED ON HORIZ: 1"=40'
N OTE:
UTM 15 NORTH, ACTUAL SEWER WATER LINE LOCATION
NAD83, U.S.U.SURVEY FEET TO BE VERIFIED PRIOR TO CROSSING
PRODUCT: CRUDE OIL
CARRIER PIPE (ROAD BORES): 36" O.D. X 0.618" W.T.
X -70M DSAW PIPE W/14 TO 16 MILS FBE & 30 MILS ARO
MINIMUM TEST PRESSURE: 1,816 PSIG
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CARRIER PIPE TO BE EXTERNALLY COATED
FOR CORROSION CONTROL
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MINIMUM TEST PRESSURE: 1,816 PSIG
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FOR CORROSION CONTROL
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PIPELINE DESIGN AS PER REQUIREMENTS OF PART 195
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PERMIT
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FIA 4387 CHAINAGE: 479.63 DISCIPLINE 03
TITLE
01/07/2013
IG—L I GTC I SCALE 1 "=30'
KEYSTONE XL — GULF COAST
PROPOSED PIPELINE CROSSING
FARM TO MARKET ROAD 3514
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713-977-7770
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16" PVC WATER UTILITY CROSSING DRAWING
PERMIT
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FIA 4387 CHAINAGE: 479.63 DISCIPLINE 03
TITLE
01/07/2013
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KEYSTONE XL — GULF COAST
PROPOSED PIPELINE CROSSING
FARM TO MARKET ROAD 3514
DWG No 4387-03—ML-03-506 REV 0
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MINIMUM TEST PRESSURE: 1,816 PSIG
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MINIMUM TEST PRESSURE: 1,816 PSIG
MAXIMUM OPERATING PRESSURE: 1,440 PSIG
CARRIER PIPE TO BE EXTERNALLY COATED
FOR CORROSION CONTROL
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PIPELINE DESIGN AS PER REQUIREMENTS OF PART 195
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TO BE VERIFIED PRIOR TO CROSSING
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CARRIER PIPE TO BE EXTERNALLY COATED
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PIPELINE TO BE CATHODICALLY PROTECTED
PIPELINE DESIGN AS PER REQUIREMENTS OF PART 195
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PLAN
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MINIMUM TEST PRESSURE: 1,816 PSIG
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PIPELINE TO BE CATHODICALLY PROTECTED
PIPELINE DESIGN AS PER REQUIREMENTS OF PART 195
OF THE CODE OF FEDERAL REGULATIONS (LATEST EDITION)
TRAFFIC TO BE MAINTAINED DURING INSTALLATION
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INTERNATIONAL
TITLE
KEYSTONE XL —GULF COAST
ORIGINATOR:
4848 LOQ CENTRAL DR.
SUITE 100 HOUSTON, TX.
UPI 1/07/2013
PROPOSED PIPELINE CROSSING
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77081 PH.
713-977-7770
CHECKED
APPROVED BY:
U.S. HIGHWAY 347
JOB NO. 11042.00
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SCALE 1 "=60' DWG No 4387-03—ML-03-511
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PLOTTED SIZE: ANSI A
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T - E - % - A - S
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: April 30, 2013
REQUESTED ACTION: Council consider a resolution authorizing the granting of a Pipeline
License Agreement.
I.:I�1.�lI.ZIli1�11]
TransCanada Keystone Pipeline, LP has requested permission to install a thirty-six inch (36")
pipeline which will cross various water line and sanitary sewer easements near South Major
Drive, Interstate 10, Fannett Road, and Tyrrell Park Road located within the city limits of
Beaumont. The pipeline is for the purpose of transporting oil, and will be constructed in
accordance with City requirements.
There is a one-time fee of $500.00 for the Pipeline License Agreement and an annual fee of
$2.25 per linear foot of pipeline.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to grant a Pipeline License
Agreement to TransCanada Keystone Pipeline, LP, substantially in the form attached
hereto as Exhibit 'A" to install a thirty-six inch (36") pipeline which will cross various water
line and sanitary sewer easements near South Major Drive, Interstate 10, Fannett Road,
and Tyrrell Park Road located within the city limits of Beaumont for the purpose of
transporting oil, said pipeline is to be constructed in compliance with City requirements.
2013.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April,
- Mayor Becky Ames -
CITY OF BEAUMONT
APPLICATION FOR
PIPELINE LICENSE AGREEMENT
THE STATE OF TEXAS
COUNTY OF JEFFERSON
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The City of Beaumont, hereinafter called "City", for and in consideration of the sum
specified herein _ _ _ � -w, I, b
T
hereby grants to
hereinafter called "Licensee", the license
to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water,
or their products, on or across the following property situated in the City of Beaumont,
Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto
and made a part hereof for all purposes.
Street Name or R.O.W. Description Length (Linear Feet)
Var sxs - See_ nAa Pik CJOA;6iVs 1N1.
7D
EXHIBIT "A"
COST OF LICENSE:
Licensee shall make payment to the City of Beaumont as follows:
License Agreement fee - $500.00
Annual fee of $2.25 per linear foot of pipeline located within City property.
Said fee shall be reset on January 31, 2011 and shall be reset every ten
(10) years, thereafter, to a level to be determined by the City Council or their
delegated representative.
All fees, including the first annual fee for linear foot usage shall be made to the
Engineering Division and payable to the City of Beaumont prior to
construction.
This license is granted by the City of Beaumont subject to conditions. Failure to comply with
the following may result in termination of agreement (see page 8).
GENERAL CONDITIONS:
0 Licensee does not intend to sell product for resale from the covered pipeline
to customers located within the City; however, Licensee recognizes that
should it sell product for resale from this covered pipeline to customers
within the City, it will be required to report such distribution and when
lawfully required to do so, pay a street rental fee based on revenues. The
annual fee and the regulations controlling the payment of such fee will be those
as lawfully established by the ordinances of the City.
o All pipelines crossing public rights-of-way shall be bored from right-of-way
line to right-of-way line. Within these limits, the pipeline shall be
protected by casing or other method approved by the City and/or the Texas
Department of Transportation.
o The pipeline shall be constructed in such a manner as approved by the City so
as it does not interfere with the use of the City properly.
2
o The pipeline shall be installed a minimum of five (5) feet below the lowest
existing or proposed ditch grades, waterlines, sanitary sewer, lines or storm
drainage lines, unless otherwise authorized by the City and/or Texas
Department of Transportation. Such grades and lines shall be indicated on
map submittal, as well as depth of proposed pipeline (see page 4).
The construction and operation of the pipeline shall not interfere with the
natural drainage in that area nor with the drainage system of the City, nor
with sanitary sewer lines, waterlines, or other utilities.
Damage to existing ditch grade during construction or maintenance of the
pipeline shall be corrected and the ditch grade shall be restored to the
condition and grade at which it existed prior toconstruction or
maintenance. Bore pits shall be backfilled according to City standards.
Excavations necessary for the construction, repair, or maintenance of the
pipeline shall be performed in such a manner that will cause minimal
inconvenience to the public. Licensee shall promptly restore the area to as
good a condition as before working thereon and to the reasonable
satisfaction of the City's Engineering Division and/or the Texas
Department of Transportation.
o Operations along roadways shall be performed in such a mariner that all
excavated materials will be kept off the pavements at all times, as well as
all operating equipment and materials. All property where operations are
performed will be restored to original condition or better. No equipment
or installation procedures will be used which will damage any road surface
or structures. The cost of any repairs to road surface, roadbed, structures
or other right-of-way features as a result of this installation will be borne
by the owner of this line.
o Barricades, warning signs and lights, and flagpersons shall be provided by
the contractor or owner when necessary. Only under extreme
circumstances, as deemed necessary by the City Engineer, will open cutting
of a street' or roadway be allowed. All barricading must be by permit and
approved by the City (Public Works Department) in advance.
o Any construction which takes place in, on under, above, or across
property not owned by the City shall require additional permission by the
owners) of the property involved. Written proof of said permission is to be
provided to the City as part of the application process. Approval of this license
agreement excludes permission to do any construction on property which is
not owned by the City of Beaumont.
3
o Any licenses, permits or agreements required by another governmental entity
(County, State or Federal) shall be obtained and a copy of such document
shall be provided to the City.
If agreement is not required by said governmental entity, then documentation
regarding such will be provided to the City of Beaumont.
o Licensee shall provide copies of all necessary agreements to be obtained
from other City Departments.
o Licensee shall be responsible for acquiring all agreements necessary for the
lawful use of any private property.
o A map showing the location of the proposed pipeline shall be provided.
(1"=2,000' City of Beaumont map or United States Geological Survey
Map)
o The pipeline shall be maintained and operated in such a manner as not to
leak and/or cause damage to any City streets, alley, easements or other
property. Once the pipeline is in operation, any damage that occurs to the
pipeline which results in exposure or release of product must be reported
immediately to the City Fire Department and Public Work's
Department. Licensee shall fully cooperate with the Fire Department and
provide, or assist with providing, any and all necessary notifications,
evacuations or other necessary actions. Leaks or other defects are to be
repaired immediately by Licensee at it's own cost.
o The Licensee shall be responsible for the cleanup and remediation of
contaminated areas due to exposure or release of product and any and all costs
associated with said cleanup and remediation.
o The Licensee shall be responsible for any and all costs associated with the
relocation of the pipeline. As provided, the necessity for relocation of the
pipeline shall be solely within the discretion of City and/or the Texas
Department of Transportation.
o Permits which allow lines to be maintained or constructed in City right-of-
way shall be obtained by Licensee or it's contractor prior to beginning
maintenance or construction. The fee for such permits is in addition to this
License Agreement fee. (See Cost of License)
o Installation will be done in accordance with all City standards and statutes
of the State of Texas.
El
REQUIRED COVERAGE
o Licensee shall furnish the City with a Certificate of Standard Liability
Insurance, including bodily injuries and property damage, naming the City of
Beaumont as an Additional Insured. Such policy shall provide for the
following minimum coverage:
o Bodily injuries: $ 300,000.00 per person
$1,000,000.00 per incident
o Property Damage: $1,000,000.00
Such insurance shall be maintained in force and effect during the
construction or required maintenance of the pipeline and during the life of
the pipeline.
Such certificate shall contain a provision that at least fifteen (15) days
written notice must be given to the City prior to cancellation, alteration, or
modification of such insurance.
o Licensee shall have in force with the City a surety bond in the principal
amount of $1,000,000.00. The bond shall be payable to the City of
Beaumont for the use and benefit of any person entitled thereto and
conditioned that the principal and surety will pay all damages to any person
caused by, or arising from, or growing out of any violation of the terms of
this agreement. The bond shall provide that it may not be cancelled, altered,
or otherwise modified without giving fifteen (15) days prior written notice to
the City. The bond shall be good and in effect for a period of one (1) year
from the date of completion of construction of the pipeline.
o Licensee shall indemnify, save and hold harmless the City of Beaumont
from any and all claims for injuries acid damages to persons or property
occasioned by or arising out of the construction, maintenance, operation,
repair or removal of the pipeline. This indemnity expressly extends to
claims alleging negligence by the City of Beaumont, it's agents, officers or
employees, arising from actions taken or occurrences under this license
agreement.
If the pipeline or any part thereof installed by Licensee shall be in any
respect damaged or injured by City or any of its agents or employees in
connection with the performance of any work or repairs that may be done
upon the property mentioned herein:
5
Licensee shall not be entitled to prosecute or maintain a claim against the City of
Beaumont for any such damage or injuries so sustained by it; however, said
conditions shall not prevent Licensee from recovering against any contractor who
shall damage Licensee's property in the course of such contractor's performance of
any contract with the City.
OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.:
o City will use its best efforts to notify Licensee of any proposed
construction and/or maintenance, to be done by City forces or by contract
for the City, within the R.O.W. involved with this license.
Notification, to Licensee, of other construction and/or maintenance
permitted by the City and within the R.O.W. involved with this license will
be the responsibility of the company obtaining said permit.
Licensee shall mark the location of its lines within forty-eight (48) hours
after receipt of such notification of proposed construction.
Licensee shall maintain a local, or toll free, telephone number to be
called for notification of construction or maintenance and for location of
lines. Such number, or charges to such number, will be provided to the City
(Department of Public Works) and kept current at all times. This number
shall be provided to entities permitted to construct, maintain or excavate
within this City R.O.W. and which are required to provide notification of
such work. When information has been relayed to Licensee, through the
phone number provided, such contact shall constitute notification for
Licensee to provide location of its lines. Failure, by Licensee, to respond
within the required time frame shall alleviate the responsibility of the
person(s) requiring the lines to be relocated.
o City reserves the right to lay, and to permit to be laid, sewer, gas, water
and other pipes and cables, and to do or permit to be done any underground
work that may be deemed to be necessary or proper by City in, across,
along, or under any of the streets, alleys and easements, and to change any
curb or sidewalk or the grade of any said streets. In doing or permitting
any such work, the City of Beaumont shall not be liable to Licensee for any
damage occasioned; it being understood that nothing herein shall be
construed as foreclosing Licensee's rights to recover damages against any
contractor or third party who may be responsible for damages to Licensee's
facilities.
:.1
.t
o Whenever by reason of the change in the grade of any street occupied by
Licensees' pipeline or construction of a new street or highway along or
over said street, or by reason of the location or manner of constructing
drainage structures, water pipes, gas pipes, sewers, or other underground
construction for any purpose whatever, it shall be deemed necessary by
City to relocate, alter, encase, change, adopt or conform the pipeline of
Licensee thereto, such change shall be made promptly by Licensee at its cost
and without claim for reimbursement or damages against City. If the
change is demanded by the City for the benefit of any other person or
private corporation, except the City or the Texas Department of
Transportation, Licensee shall be reimbursed fully by the person or
corporation desiring or occasioning such change for any expense arising out
of such change; provided, however, should the change be requested by the
Texas Department of Transportation or be required due to construction of
a state or federal highway, Licensee will, upon notice from the City, make
such change immediately and at its own cost; it being understood that City
will not participate in any part of the cost of any change involving
relocation, altering, encasing, boring, or changing in any manner of the
pipeline where same is in a City street, alley, easement or other right-of-
way.
NOTIFICATIONIINSPECTION:
o Any and all work to be performed on City right-of-way (R.O.W.) shall be
observed and inspected by a City representative. Any work to be
performed within the City limits will be subject to periodic inspection to
ensure compliance with construction standards.
o Licensee shall provide the City (Public Works Department - Engineering
Division) twenty-four (24) hours prior to the installation of the lines
permitted by this license. Licensee shall also notify the City twenty-four
(24) hours prior to any street or R.O.W. crossing. A representative will
be scheduled to be present. The expense of such inspection services may
be billed to the Licensee and such amounts will be reimbursed to the City.
Licensee shall notify the Engineering Division at least forty-eight (48)
hours prior to coinpletion of work and removal of equipment from the job
site to permit the City to make an inspection.
7
SPECIAL CONDITIONS:
Nonassi angble.
This license is personal to the Licensee. It is nonassignable and any attempt to assign this
license will terminate the license privileges granted to Licensee hereunder.
Termination
This agreement is subject to termination by the City if any condition specified herein is
not met. This agreement may also be terminated by the Licensee. Either, party attempting
to terminate this agreement shall give written notice to the other specifying the date of,
and the reason for, termination. Such notice shall be given not less than thirty (30) days
prior to the termination date therein specified. Any written notice may be effected either
by personal delivery or by registered or certified mail, postage prepaid with return receipt
requested. Mail notices shall be addressed to the addresses of the parties as follows:
City of Beaumont Name of Licensee: ) ruws [AAa 4- Keuse �tDehc L i�
P.O. Box 3827
Beaumont, Texas 77704 Address of Licensee: TI Te -<&S s � . , Su►i lc �{ b0
Attn: City Manager City and State of Licensee: 1A0U12VA )T X 1'100
Upon cancellation, the pipeline shall be removed and property restored to a condition
acceptable to the City Engineer. In the event of cancellation, any and all monies
collected for fees associated with this agreement will remain the property of the City.
There will be no reimbursements.
8
Commencement of work on the pipeline by Licensee after the date of this frilly executed
license shall be construed as evidence of Licensee's acceptance and approval of the
conditions above set forth.
IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents
to be signed by its City Manager and the seal of the City to be herewith affixed by the City
Clerk, this day of , A.D. 20
ATTEST:
City Clerk
ATTEST:
LE
Secretary
CITY OF BEAUMONT, TEXAS
LOW
Kyle Hayes, City Manager
APPLICANT'S COMPANY NAME:
(Licensee)
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Represented by:
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Ricardo S. Lopez
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ORIGINATOR:
TITLE
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SUITBE loo HOUSTON rX.
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PROPOSED PIPELINE CROSSING
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CARRIER PIPE (ROAD BORES): 36" O.D. X 0.618" W.T. ND AL SEWER/WATER LINE LOCATION
X -70M DSAW PIPE W/14 TO 16 MILS FBE & 30 MILS ARO TO BE VERIFIED PRIOR TO CROSSING
MINIMUM TEST PRESSURE: 1,816 PSIG
MAXIMUM OPERATING PRESSURE: 1.440 PSIG
CARRIER PIPE TO BE EXTERNALLY COATED
FOR CORROSION CONTROL
PIPELINE TO BE CATHODICALLY PROTECTED m
PIPELINE DESIGN AS PER REQUIREMENTS OF PART 195 } w
OF THE CODE OF FEDERAL REGULATIONS (LATEST EDITION) vw1
TRAFFIC TO BE MAINTAINED DURING INSTALLATION >
PIPELINE TO BE INSTALLED BY BORING
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21" PR SANITARY SEWER
TOP OF PROPOSED 5 MIN. CLEARANCE
..............................................................MIN C ...-10' L .......... ...................
36" PIPELINE 5 MIN. CLEARANCE
PROFILE
HORIZ: 1"=20'
VERT: 1"=20'
8" PR WATER UTILITY & 21" PR SANITARY SEWER CROSSING DRAWING
PERMIT
TransCanada FIA NCHAINAGE: I DISCIPLINE N
UniversalPegasus I �f<4387 1 M.P. 473.08 03
1NTERNATiONAL ORIGINATOR: TITLE KEYSTONE XL - GULF COAST
4848 LOOP CENTRAL DR. UPI 10/18/20121 PROPOSED PIPELINE CROSSING
SUITE 100 HOUSTON, TX.
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770 CHECKED Y: APPROVED BY: TYRELL PARK ROAD
JOB NO. 11042.00 IG -L GTC SCALE 1 =20 DWG No 4387 -03 -ML -03-503 REV 2
PLOTTED SIZE: ANSI A (8.5x11) CADD DRAWING: DO NOT MAKE MANUAL REVISIONS
n
RICH WITH OPPORTUNITY
BEA�UMOK*
T - E - 8 - A• S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Director of Public Works
MEETING DATE:
April 30, 2013
REQUESTED ACTION: Council consider a resolution accepting maintenance of the
street, storm sewer, water and sanitary sewer improvements
in Briarbend Subdivision.
RECOMMENDATION
The administration recommends approval of the following:
• Sienna Trails approximately 487 feet extension north of existing Sienna Trails to
North Briarbend loop.
• South Briarbend Loop approximately 519 feet east Sienna Trails extension to Cul
de Sac.
• East Briarbend Loop approximately 406 feet north of South Briarbend Loop to
Cul De Sac.
• North Briarbend Loop approximately 401 feet east of East Briarbend Loop Cul De
Sac to OM -4P Dead End Roadway Markers.
Also, recommended for approval are the storm sewer, water and sanitary sewer improvements for
Briarbend Subdivision right-of-way only. The aforementioned improvements in the subdivision
passed final inspection from all entities involved on March 7, 2013.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
r ICINR 1 1 t.r A
NTS
BRIARBEND .SUBDIVISION
RESOLUTION NO.
WHEREAS, construction of the streets, storm sewer, water and sanitary
sewer improvements constructed in Briarbend Subdivision have been completed as
follows:
; and,
Streets
• Sienna Trails approximately 487 feet extension north of existing Sienna
Trails to North Briarbend Loop.
• South Briarbend Loop approximately 519 feet east Sienna Trails
extension to cul de sac.
• East Briarbend Loop approximately 406 feet north of South Briarbend
Loop to cul de sac.
• North Briarbend Loop approximately 401 feet east of East Briarbend Loop
cul de sac to OM -4P dead end roadway markers.
Storm Sewer. Water and Sanitary Sewer Improvements
• Briarbend Subdivision, right-of-way only.
WHEREAS, the developers of said streets desire to have these improvements
accepted and maintained by the City; and,
WHEREAS, the director of the Public Works and Engineering Department has
determined that said improvements meet city standards and qualify for acceptance for
permanent maintenance, and the City Council is of the opinion that said improvements
should be accepted and maintained by the City of Beaumont;
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 above -referenced street, storm sewer, water and sanitary sewer
improvements in Briarbend Subdivision, with the exception of streetlights, are hereby
accepted by the City of Beaumont and shall be continuously maintained by the City
contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way
and easements required on the preliminary and final plats and installation of the
streetlights.
2013.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April,
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
BEAUm"ON*
T • E • X • A • S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
James P. Singletary, Chief of Police
April 30, 2013
REQUESTED ACTION: Council consider a resolution authorizing the City Manager or
his designee to reenter into a Children's Advocacy
Interagency Agreement with Jefferson County and the Garth
House.
BACKGROUND
Jefferson County has developed a multidisciplinary team approach to the investigation of child
sexual and physical abuse that protects the children of Jefferson County from further victimization
caused by excessive interviews and lack of communication. The multidisciplinary team approach
will help develop, maintain and support through the Garth House, an environment that will
emphasize the best interest of the children and provide investigatory and rehabilitative services. In
October 2009, the Beaumont Police Department entered into an agreement called the "Children's
Advocacy Interagency Agreement with Jefferson County and the Garth House. The Garth House
is a non profit organization.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of Resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager or his designee be and he is hereby authorized to execute a
Children's Advocacy Interagency Agreement with Jefferson County and the Garth House
to prevent child abuse and neglect and to lessen the trauma to child victims of sexual and
severe physical abuse during the investigative, prosecutorial and healing process. The
agreements are substantially in the form attached hereto as Exhibit "A" and made a part
hereof for all purposes.
2013.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April,
- Mayor Becky Ames -
rl
Children Advocacy
A
lntqrapenx
yAgreement
I N-MA'Sab— _00 ty
This agreement made by and between the undersigned agencies
Witnesseth 7hat.,
Whereas, child abuse is recognized as a significant national problem and realizing that
the justice system must respond appropriately to the ch/Id victim, and
Whereas, a memorandum of understanding executed LW this Interagency Agreement
from the Texas Family Code 264,403(b) shall indude the agmbWent of each partdpadng entity
to cooperate in:
(1) developing a cooperative, team approach to abuse;
(2) reducing, to the greatest extent possible q"U, in' ews required of a victim of
child abuse to minimize the negative ffiod_'the in
e ch!/d; and
(
�3) developing, maintaining, and suppor*i1otiqh the onment thatr.
emphasizes the best interests of childr&4 provides investfgaA}?! and
rehabilltative services.
Whereas, the Garth HouseN
established in Beaumont, 7X and as
Whereas, Jeffewn County has
investigation of child., physia
Vj M
from further icui
n- cauby exi
agencies, and
Advocacy Program, Inc has been
,own funds, and
01,�#qy
team approach to the
it;�Vhe c n of Jefferson County
0
7te<tlark Of communication between
Whereas, by Mffft'., - - , Garth hWiF Mickey Mehaffly Children �; Advocacy
�Nnq) j. att
Prog�Wa,..�M,�..� rinues C
t6i ; - Me anY.Iate environment in which children are
inte
ancb
Whereas the seen
Mickey Mehaffy Children s Advocacy
:GarthHouse,
#Afte Gart
P �Wmq..I vc. are seen cin -s.. terra,�, from law enfibmement and Child Protective Sertices
,w
+
and are bQ#ed services wi sex, religion, national origin, or disability, and
Now, fore, ore, the undersigned agencies have agreed to continue to support the
concept, devek+"',+Ment and utilization of the Garth House, Mickey Mehaffy
Children s Advocacy
21OP—On county
Name/Agency
Judge Jeff Branick- Jefferson County Judge
Tom Maness - Jefferson County District Attorney
WA 0 11 1.1
Date
Sheriff Mitch Woods - Jefferson County Sheriff ice
Chief James A Singletary -Beaumont Police Department
Marsha#JefiWilmore - Groves Police Department
Chief Darrell Bush - Nederland Police Department
Chief Mark Blanton - Port Arthur Police
Chief Paul Lemoine - Port Neches PotIce Dept,
Chef C/ydell Duncan - Beaumont
Chief Joseph Ma/bt kR,,A rtJiurr5D
Brenda Garison - ChAdAbjise &
M' •.Craver - Jeffersova .t7ounty s Assisnce,
Judy Bow, Regional Direbr Y
TX Dept. of & Protective`:5ervices
Ellen Jones - Chief Exec �1fFicer
CHRI57US Health SE Texas
Lanis McWilliams - CASA of S. E, Texas
Ed Cockrell - Jefferson County Juvenile Probation
Julie H. Prudhome, M.A., LPC -5 - Clinical Director, Garth
House, Mickey Mehaffy Children s Advocacy Program, Inc.
Marion Tanner - Executive Director, Garth House, Mickey
Mehafi`y Children's Advocacy Program, Inc
rM
GARTH HOUSE
Mickey Mehaffy Children's Advocacy Program, Inc.
WORKING PROTOCOL
Mission Statement
To prevent child abuse and neglect and to lessen the trauma to child victims
of sexual and severe physical abuse during the investigative, prosecutorial
and healing process.
Agency Roles & Commitment to the Chil %yocacy Program, Inc.
Agency Partners of the Garth House, Mickeytaffyren's Advocacy
Program, Inc. have signed an interagency ernent of operation in the
investigation and prosecution of childcases. They rete;#heir individual
department roles and follow departme cedures, but have' tarily
edure in
. rt '"`
committed to make the children's advoca - -srograr. of their
order 49a TPY1
.:
1. Develop a cooperative, tea fio invting child abuse.
2. Reduce to the greatest extee ssl�3numbIftib,,interviews required of a
child victim to .ke the ne tive irrt`
><r.,`. x, the in: gation on the child.
3. Develop, mai l ' - Pport t . ug n's'`advocacy center, an
environment, employes the I :"terest o ldren and that provides
investigatory ia :"' .rehabili five servi s.
The Prb s l Stan Aip
c omri i*, ,of ttle`; hildren's advocacy program board
h a opted the tocolT:J. referrals ng and coordinated investigation and
pgtion. The comittee• ls,made up of representatives of the primary
aaencies•whose soecik.foles at ..'listed below.
Texas De#tment of Family and Protective Services
*Also referA... o„,in, this doc. o&nt as TDFPS and Child Protective Services (CPS)
TDFPS/Child Prdteive.^cervices investigates child safety and welfare in
accordance with agdoo- .' licy. and state laws.
• Notify the proper haw enforcement agency of child abuse reports.
• Utilize the children's advocacy center for the digitally recorded initial
investigative interview of alleged child sexual & physical abuse victims in
accordance with Section 254 Subchapter E of the Texas Family Code & center
protocol.
• Participate in coordinated investigation of child abuse reports with law
enforcement and prosecutors including participation in case (review) staffing
which is facilitated by the children's advocacy program.
Page I I
• Provide a voting representative to sit on the Professional Standards
Committee "ti of the children's advocacy program
board.
Law Enforcement
• Provide criminal investigation of child abuse reports.
• Notify Child Protective Services of child abuse reports.
• Utilize the children's advocacy center for the initial investigative interview of
alleged child sexual & physical abuse victims in a5#lance with center
protocol.
• O
Participate in coordinated investigation of - W Use reports with TDFPS/
CPS and prosecutors, including pa cEi4.(Tpview) staffing which is.
facilitated by the children's advoca
• Provide a voting representative to t e r on ndards
Committee of the children's advocprogram board.
Forensic Nurse Examiners (PNE)
• Notify law enforcement services of child a "Use
Prot Pild RE,
reports.
• A medical/forensic exam will .1%pe :ted only Ith.. authorization of law
enforcement or CR5.
• Participate in OLated investr .on rI use` ports with law
d
e n f 6 rc e m e FPS/and pr So, i If.0participation in case
FPS/
y
M
a d
(review) sta p.hlch 11 1 itatE children's advocacy program.
• Provide a voting`�r, pD. es q to sit e Professional Standards
COMM �Oe� ram board.
Dict Attorneys office
& represents the best interest of
Prosk, child abuse�cases Inqrclri�.
the civil
'NP-'-SjCPS has conservatorship.
,t,action i,_..=*`016h
• Provi&'� I answers -.--",f6, questions that arise in the course of the
investigatiZopconduct4t y law enforcement and TDFPS/CPS.
• Participate ii cogoated investigation of child abuse reports with
4t - �
and"I" including participation in case (review)
TDFPS/CIPS
staffing which is facilitated by the children's advocacy program.
• Conduct preliminary intake of cases at case (review) staffing meetings.
• Represent the Texas Department of Family and Protective Services in suits
affecting the parent-child relationship, and for emergency protection of a
child, up to and including termination of parental rights.
• Provide a voting representative to sit on the Professional Standards
Committee of the children's advocacy program board and the Board of
Directors or Advisory Board of the children's advocacy program board.
Page 12
Children's Advocacy Center
The Garth House, Mickey Mehaffy Children's Advocacy Program, Inc. will be the
neutral site for interviews of children in cases of alleged child abuse.
• Provide Forensic Interviews of alleged victims and witnesses
Facilitate Multidisciplinary Team case (review) staffing
• Case tracking and reporting
• Court testimony
• Training for agency personnel
• Training/awareness programs for community :f
• Counseling for victims and non -offending familyCambers
• Provide referral information for medical ex
• Family advocacy services including: courto�mpai. ent, information and
referral, assistance with Crime Victim's:en
Case Referral
Child Protective Services (CPS) and law
sexual abuse cases of children.:.age 12 y
center for a digitally recorder:' ,y , Ic i
children age 12 years old and `
forwarded to the District Attom
01 -
�.
referred to the cenj eg, , xce tions, z
someone with a or dev g
District Attorn i ° htervlew
assume responsibi ty for
enforcement agenclas.:#i
jurisd PS. The)
el
Case St
-
In
In order t6 ,Y<
investigation
case staffing.
necessary.
refer
11 rcement agencies wili:�.W alleged
ars"i a rider to the a;;iacy
bervie ysical abuse cases (of
ich hav%t. ~potential of being
crimina osecution may also be
age I -.may be made for
en .. 've OAability, or if the
3' ry. forcement and CPS will
jil"which they have involvement. Law
`:...e cases that do not fall under the
y;Mehaffy Children's Advocacy
11e§"`riv{th Interagency Agreements.
isy'interviews only.
stain a cooperative team approach to the
which is sensitive to the best interest of the child, a
a week or as the district attorney's office indicates
The representatives attending for law enforcement and CPS will be those
workers assigned to each case on the agenda. The County District Attorney's
Office will be available to advise and to conduct preliminary intake of cases at
each staffing. Forensic nurse examiners will be requested to attend in order to
explain their finding if an exam was done. Garth House staff shall also attend to
include illreit!eriwer
; mental health providers and a family advocate.
Each agency involved in the investigative process must bring all pertinent
information to the case (review) staffing. All Multidisciplinary Team Members
Page 13
attending the case (review) staffing must sign the Sign -In Sheet containing the
Confidentiality Pledge before each review.
An automatic staffing will occur under the following conditions:
• Pre -staffed prior to the interview.
• One to three weeks after the interview is performed.
• Additional times as requested by CPS, law enforcement or D.A.'s Office.
Request should be made to the advocacy center staff so that the case(s) may
be added to the agenda.
,At
Forensic Interviews
• It is necessary for the law enforce "'
a
the children's advocacy center to schA;.
• When scheduling an interv:..w, initial ba
provided and will be staff' . ' r to the
• The children's advocacy cer�nsi
recorded interview. Formal drn'e
interviewer. The @0vocacy cer r. sta
into the track) � in for . 2ttftal rE
officer or CPS
le an inte-wie
contact
:e .er will perform the digitally
of ttie: D will be made by the
inter d' :. concerning the case
• Interviewsbe scf�aIed More t ughrr in Beaumont and
Orange. The`��`+�rson refOi=ing the cane'must schedule transportation for the
child and must r i in pi , 6e.center u ),the interview has been completed,
ori�tother inut9ttEe ncy person present.
• lie oun cl;+dren s tJd haver hed a maturi leve! of bein verbal.
• inceptions to tt�;>°;IZ yeaf:_4d limit are`made on a case by case basis
depending on the"tent's di:lopmental levei and possible other extenuating
No All"��"':o:.,Per etrat —� ire ardin current allegations are allowed on the
�:. P 9 9 e9
premises:='
• CPS or law eiircemr%fi`must be present for the interview.
• If law enforcenl� o ; SPS is involved in the case, please notify each other of
the Garth House interview.
• Do not schedule the Interview prior to making contact with the family.
• When possible, the Garth House interview should be done prior to the
Forensic Nurse Exam. Exception is acute cases.
• In cases of physical abuse, only severe cases in which the child is injured on
vital areas will be interviewed.
• Emergency interviews will be conducted when the child is in immediate
danger or failure to interview the child immediately could result in the loss of
Page 14
vital information. In case of emergency after hours, contact Marion Tanner,
Garth House Executive Director, at cell number 409-350-1188.
• Inform the family that they need to be on time for the interview. CPS
workers and law enforcement should also be on time. Getting to the Garth
House 1 or 2 hours before the interview is totally unnecessary. Limit the
number of family members coming to the Garth House as too many people
tend to create some or all of the following:
• Too much noise
• Too much pressure on the child
• Problem of limited space
• Possible conflict among the adults in attg6�9ce
• If you find that the interview needs to be r@slled or cancelled, please
notify the Garth House as soon as possibly
• Be sure to bring police reports and CPorts to the<erview, so that the
interviewer can obtain necessary 't tion for Garth ' �'� ;lse files. The case
will be pre-staffed prior to the intev.
• Do not promise the children gifts, pri the int iew bel 1g ftducted, or
tell them that they will be eceiving a st N after the � . House
interview has been camp
• Do not over question the I.Prior to u' ` 'nterview. Please stop
questioning the children reg P9 r buse at int of disclosure. (This
also includes audiq„taped inter;;Ovv .) ` ;vuorke puld assess young
,,. .....,._,.x., :y:. rth House
children to see f� j'�re verbal d can f. tl ate irt:o Ga
3.1
interview.
• All pertinent questionsanc /or addition-al' information should be given to the
interviewer prior it i<_the 0t4bew. -rk!Anterviewer will return to the monitor
rood �a; :. oncl 'ftt°' ::myth .else needs to be asked.
` ,l awe c3l', ifuneed to ei� a videotape or DVD.
•te.interviews
If a secontl"j _... rviev requested regarding the same alleged
` `.:.-beroetrator, case flit be discussed with the District Attorney with
■ If a=':HiCd interview is requested regarding the same alleged
perpe -:. ror, ase staffing will be scheduled with all MDT members
(current >:al%.. X `reviously) involved. After all previous investigations
are reviewer;'"the District Attorney will decide if the interview will be
conducted.
If there is a witness or medical evidence that is present in a case and a victim
cannot be interviewed or does not make an outcry, the evidence can be used
to request an d l` s. f% r -. at the discretion of the pertinent
County's District Attorney, but the case must be staffed first.
Page 15
Counseling
• There has to be a report of child sexual abuse or severe physical abuse to law
enforcement and/or CPS.
• Counseling may be obtained, for sexual abuse victims (ages 3-17) and non -
offending family members. Counseling is not provided to any alleged
perpetrators.
• Counseling can also be provided for any child victim (ages 3-17), as long as it
E
has been reported to the proper authorities_ :-a Having an open case
investigation is not required, nor is it required.;"' f`.the child be interviewed at
the Garth House in order to receive counsel':., °`savjces.
• The parent or guardian calls the Gartt,ouseµunselors to set up the
counseling. They have to be able to y legal coni.form.
• The counselina oroaram does N custody evetions.
t e arr�ily.;�d�ocate wol' er: vPsi v� the i`a #iy at Ski! of th fierv�-e01
c t.Insul'I' the lggf#tl. i'il p
ar
Forensic Nurse
• Lai enforct or CPS request abrensc Nurse Exam based on the alleged
aim's outcry, cfdible, tness, testimony, or other significant forensic
i .. .y
f = which wo daead' ryv, enforcement or Child Protective Services to
reasobly expect t ' nsc-;_urse Exam may yield biological, hair, fiber or
other a gnce which' uI assist in the investigation of the allegation.
• An exam vein 96 hours, of the offense is considered acute.
To access CHOP
. bus R d Forensic Services, call 409-832-0421.
• To access CHR ...t. Elizabeth, send the patient to the Emergency Room
or the non-acute"'e am can be scheduled by law enforcement by calling the
Forensic Nurse Coordinator at 409-899-7100.
Confidentiality and Ownership
(in accordance with Section 264.408 of the Family Code)
DVD Storage
DVDs made at the Garth House, Mickey Mehaffy Children's Advocacy Program,
Inc. are the property of:
Page 16
Z. District Attorney's office in cases of criminal action
the,Aet ild '),W(Aor6e A ng;06, in, o evil actlaft Me tnq child -
n.1
iii' ijegl�>t
3. Law enforcement if investigating
4. CPS ifj1149900- 09
A V!dO*W,' inteNION Of 9 600 10�O 'vo'.'-- W-- 9
a gaaad *Of
the
ow
thle, rQw- qu; na to -01 An
ts
s
f
A I Ishn
pe,:B,. e,.pr
th
a "th Mdi�bta
V,
'Iffi Ad -4
en die. i.
hwa .6�th Fbfe t1h
e
.,e,:c -1,
Te
sadvocecy center )f the
W,
Ys A6
v ep.
-,eiODrisple
e
gWrides ;.pe
w
4.
Records
the ildren's advocacy
Records needed f0f.':O, atI44to.1lection &e. mainlX
ien or
center. The inJV tion'67.
' CPS, and the
0 di tho..-`.O %,.-Ilhose respective agencies. Information
prosecutor's ffie"n is
or DVDs requ
or to
.0tviduals must be obtained from the
D.A
agency conducting the
Inv
ation.
Con' Aptiality
The fII9 orts catloi'd working papers used or generated in
p
rp
providin6'AtIces by th House, Mickey Mehaffy Children's Advocacy
Program, Inc' confid I and not subject to public release.
All laws concerning;`-' J-' " tiality as described in the Texas Family Code 261.201
,q n -Ad
;'
en
will be strictly adherdd"7""Itb.
Aorvikwl*
ft
W
I b-4 oo
i
(.iOU tor.pkrkoao 3:6 khof
0.) t w
Rule. 6t5, TO gag -Rgfos ofOV W efica. Ed. Wt. 9hall. 00--Y-81Wr.
defendant to OopyyphoWgrepb d4i
011oa or OthOrw,semproft:e,a V) or
interview Osc Y de 2fi4Ai713 °Subaeetien
(d), Or-OvIded that the. PrQseCuting 800.rn-ney makes the videotape read nably
Page 17
4
v aWelo .e defen i. i kt sain �i a e s r pV.y o eri; [' tay be
mato aya�(atile to: l tl. r:: I 'ttorri . , grid a arh i i'.'P $es rider: o
3- ,.jS(d' Code of Qjm-j ial. P i +e ore..
Conflict Resolution Policy
All members of the collaborating agencies work together with a common
concern—the welfare of the child. All members of the collaborating agencies .
also work together with a common goal, to communicate with mutual respect.
However, differences of opinion are to be expected.
Discussion during the regular multidisciplinary staf€ih. f nd other ongoing
discussions among team members about probi Ms"* the team encounters will
help resolve them. It will also assist to clari 's aiiC.tgsponsibilities of the
team members.
Any unresolved problems or conflicts ween team member! rding cases
being addressed at the Garth House, Mi%,Mehaff hildren's" �.. , acy
Program shall be taken to the Garth House,`I* -Ke Raffy Childre s ldvocacy
Program Board President fort). n. kI 4Y
Judge Jeff Bran i - Jerson P*V Judge
Tom Maness -
District Attorney
Sheriff Mitch Woods - Jefferson County Sheriff Ofl'ice
Chief James P, Singletary - Beaumont Polio Department
Marshall Jeff Wilmore - Groves Police Department
Page 18
Chief Darrell Bush - Nederland Police Department
Chief Mark Blanton - Port Arthur Police Department
Chief Paul Lemoine - Port Neches Police Dept
Chief Gydell Duncan - Beaumont ISD Police Dept
Chief Joseph Malbrough - Port Arthur ISD Police
Brenda Gan5On - ChIld Abuse & Forensic
Misty Craver - Jefferson County VZ
Judy Bowman - Regional Director
,7X Dept. of Family & Protective Se
Ellen Jones, CEO 1?ISTUS Hca
SE
Marion Tanner - Exec * q VAMctor
..
Garth House, Mickey A" Children s Advocacy Program, Inc
Page 19
RICH 'WITH OPPORTUNITY
IIEAIIMON*
T • E • x • A • s City Council Agenda Item
WIT
City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: April 30, 2013
REQUESTED ACTION: Council consider a resolution authorizing the City Manager
or his designee to enter into a promotional agreement with
Academy Sports + Outdoors.
BACKGROUND
Said promotional agreement allows for the acceptance of a donation of goods and supplies,
including 500 bicycle safety lights, for the Beaumont Police Department's Bike Rodeo scheduled
for Saturday, May 4, 2013.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Promotional
Agreement with Academy Sports + Outdoors for the acceptance of a donation of goods
and supplies for the Beaumont Police Department's Bike Rodeo. The agreement is
substantially in the form attached hereto as Exhibit "A" and made a part hereof for all
purposes.
2013.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April,
- Mayor Becky Ames -
AAcademy-
SPORTS+OUTDOORS
PROMOTIONAL AGREEMENT
Recipient Name and
Address, Contact
City of Beaumont — Police Department, P.O. Box 3827 Beaumont, TX 77704 (409)
information
880-1092
Event Name/Description
Beaumont Bike Rodeo (youth bicycle safety event)
Date of Event
Saturday, May 4, 2013
Promotional Consideration
to Recipient
Donation of 500 bicycle safety lights
Benefits to Academy
To support a community initiative geared toward youth safety and exercise
Terms and Conditions
Academy Sports + Outdoors, Inc. ("Academy"), 1800 North Mason Road, Katy, TX 77449 will provide to the recipient organization
listed above ("Recipient") the Promotional Consideration described above in accordance with these terms and conditions.
1. Recipient has developed an event (the "Promotion") that may include the award or delivery of one or more prizes, provided by
Academy in the form of Promotional Consideration, during the event set forth above. The Promotion will be operated and conducted
exclusively by Recipient including the fulfillment and delivery of any prizes, the creation, registration (if necessary) and publication of any official rules
governing the Promotion, the administration of the Promotion, compliance with all governing or related laws, rules and regulations, and the publication of
all related advertisements. Recipient warrants, represents, and guarantees to Academy any rules or terms related to the Promotion shall
comply with all applicable laws and regulations during the Promotion.
2. Each Party agrees to grant the other a limited license to use its names, logos and related trademarks ("Marks") for advertising
and promotional purposes in connection with the Promotion. The description of the Promotional Consideration and all uses of Academy's logo and/or
trademark(s) in the Promotional Materials shall be subject to Academy's prior approval. Academy and Recipient acknowledge that neither party has any
other interest or rights in the other's trademarks.
3. Academy shall not be liable or responsible for any loss or unavailability of any Promotional Consideration for any reason.
Recipient agrees to release and hold Academy harmless for any failure to deliver or provide any Promotional Consideration due to any
reason other than Academy's gross or willful negligence. In no event shall Academy be liable to Recipient, its affiliates, or their respective
directors, officers, employees, agents or subcontractors, for any harm whatsoever, including any incidental, indirect, consequential, or special
damages, arising from any delay or failure to provide any Promotional Consideration or the use or misuse of any Promotional Consideration.
4. Nothing contained in this Agreement shall be deemed or construed a joint venture or partnership between the parties hereto.
Neither party is, by virtue of this Agreement, authorized as an agent, employee or legal representative of the other party hereto. Neither party
shall have any power or authority to commit or bind the other party. Neither party may assign its rights or obligations under this
Agreement to any other party without the written consent of the other. The provisions of this Agreement shall be severable and the
invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provisions. This Agreement sets forth the
entire agreement between the parties and may not be amended except in a writing signed by both parties. The persons signing this
Agreement shall have all legal authority and power in their respective capacities to bind Recipient and Academy. Any disputes arising under
this Agreement must be first mediated in Houston, TX, and then if no resolution results from mediation either party may pursue a claim in the
federal or state courts located exclusively in Harris County Texas, and applying exclusively Texas law, except that each party is solely responsible
for its own attorney's fees. Neither party will be liable for failure to perform due to force majeure.
la
"ACADEMY" "RECIPIENT"
By:
Its: Date: Its: Date:
44896_1 EXHIBIT "A"
RICA! WITH OPPORTUNITY
BEAUMON*
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS APRIL 30, 2013 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 4-9/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
Consider an ordinance approving a zone change from RS (Residential Single
Family Dwelling) District to RCR (Residential Conservation and Revitalization)
and a specific use permit to allow a washateria in an RCR District at 3505 Pine
Street
2. Consider an ordinance approving a zone change from LI (Light Industrial)
District
to GC -MD (General Commercial -Multiple Family Dwelling) District at 4380
Fannett Road
3. Consider an ordinance approving a specific use permit to allow a general business
office and training space in an RM -H (Residential Multiple Family Dwelling -
Highest Density) District at 7650 Park North Drive
4. Consider an ordinance approving the abandonment of a 60' x 140' unimproved
street right-of-way on Estelle between 3505 Westmoreland and 3495 Westmoreland
5. Consider an ordinance abandoning approximately 0.3611 acres of Stagg Drive
approximately 250' from 111h Street
6. Consider an ordinance amending Ordinance No. 12-065 by deleting the Precinct 90
reference number
7. Consider amending Section 2.03.075 of the Code of Ordinances to increase the
number of Grade III (Lieutenant) positions from 15 to 16 and reducing the number
of Grade II (Sergeant) positions from 43 to 42 in the Beaumont Police Department
8. Consider a resolution approving a bid for the Seventh Street Pavement Widening
and Drainage Improvement Project
9. Consider a resolution approving an insurance policy for city -owned properties
COMMENTS
Councilmembers/City Manager comment on various matters
Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to, contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
J.A.I. Dining Services (Beaumont), Inc., et al vs. The City of Beaumont, Texas, et
al; No. 1:13-cv-00157
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
April 30, 2013
Consider an ordinance approving a zone change from RS (Residential Single Family Dwelling)
District to RCR (Residential Conservation and Revitalization) and a specific use permit to allow a
washateria in an RCR District at 3505 Pine Street
RICH WITH OPPORTUNITY
[IEA,UMON*
T • E • % • A • S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
C,;)
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: April 30, 2013
REQUESTED ACTION: Council consider an ordinance approving a zone change
from RS (Residential Single Family Dwelling) District to
RCR (Residential Conservation and Revitalization) and a
specific use permit to allow a washateria in an RCR District
at 3505 Pine Street.
BACKGROUND
Sergio Sierra has applied for a zone change and specific use permit.
Sergio Sierra, the property owner, would like to convert the existing commercial building on the
property into a washateria. The property is occupied with the vacant commercial building and his
residence. Mr. Sierra states that the business will have 15 washing machines and 12 dryers and
operate from 9 a.m. to 9 p.m., seven days a week. This building was constructed a number of years
ago for use as a washateria. However, due to being vacant for several years, the building has lost its
legal non -conforming status.
The building is sitting 8' into the City right-of-way along Martin Street. To correct such an
encroachment, either the building needs to be moved or a license to encroach needs to be approved
by the City Council.
At a Joint Public Hearing held April 15, 2013, the Planning Commission recommended 7:0 to
approve the zone change at 3505 Pine Street from RS to RCR and approval of the specific use
permit to allow a washateria in a RCR District subject to the following conditions:
1. The parking lot shall be redone to comply with City requirements. (Redesign
existing parking lot to meet City specifications and to prevent vehicles from backing
directly onto Pine Street or provide a parking lot at the rear of the washateria with
access onto Martin Street.)
2. Apply to City Council for a License to Encroach.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance subject to the following conditions:
1. The parking lot shall be redone to comply with City requirements. (Redesign
existing parking lot to meet City specifications and to prevent vehicles from backing
directly onto Pine Street or provide a parking lot at the rear of the washateria with
access onto Martin Street.)
2. Apply to City Council for a License to Encroach.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF
THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED RS (RESIDENTIAL
SINGLE FAMILY DWELLING) TO RCR (RESIDENTIAL
CONSERVATION AND REVITALIZATION) DISTRICT FOR
PROPERTY LOCATED AT 3505 PINE STREET, BEAUMONT,
JEFFERSON COUNTY, TEXAS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the
zoning of property presently zoned RS (Residential Single Family Dwelling) District to RCR
(Residential Conservation and Revitalization) District for property located at 3505 Pine
Street, Tract 76 PL D20, A. Williams Survey, City of Beaumont, Jefferson County, Texas,
containing .75 acres, more or less, as shown in Exhibit "A" attached hereto, and the official
zoning map of the City of Beaumont is hereby amended to reflect such changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations of the underlying zoning district as well as those
regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as
amended.
Section 3.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
2013.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April,
- Mayor Becky Ames -
ile 2166-ZJP: Request for a zone change from RS (Residential Single Family Dwelling) N
►istrict to RCR(Residential Conservation and Revitalization) District or more restrictive l�
istrict and a specific use permit to allow a washateria in an RCR (Residential
onservation and Revitalization) District.
c)cation: 3505 Pine Street
pplicant: Sergio Sierra 0 100 2001 1 I 1 Feet
Legend
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EXHIBIT "A"
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A WASHATERIA IN A RCR
(RESIDENTIAL CONSERVATION AND REVITALIZATION)
DISTRICT AT 3505 PINE STREET IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Sergio Sierra has applied for a specific use permit to allow a washateria
in a RCR (Residential Conservation and Revitalization) District at 3505 Pine Street, being
Tract 76, PL D20, A. Williams Survey, City of Beaumont, Jefferson County, Texas,
containing .75 acres, more or less, as shown on Exhibit "A," attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow
a washateria in a RCR (Residential Conservation and Revitalization) District at 3505 Pine
Street, subject to the following conditions:
;and,
The parking lot shall be redone to comply with City requirements. (Redesign
existing parking lot to meet City specifications and to prevent vehicles from
backing directly onto Pine Street to provide a parking lot at the rear of the
washateria with access onto Martin Street.
Apply to the City Council for a License to Encroach.
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are hereby, in
all things, approved and adopted; and,
Section 1.
That a specific use permit to allow a washateria in a RCR (Residential Conservation
and Revitalization) District at 3505 Pine Street, being Tract 76, PL D20, A. Williams
Survey, City of Beaumont, Jefferson County, Texas, containing .75 acres, more or less, as
shown on Exhibit "A," attached hereto, is hereby granted to Sergio Sierra, his legal
representatives, successors and assigns, as shown on Exhibit "B," attached hereto and
made a part hereof for all purposes, subject to the following conditions:
• The parking lot shall be redone to comply with City requirements. (Redesign
existing parking lot to meet City specifications and to prevent vehicles from
backing directly onto Pine Street to provide a parking lot at the rear of the
washateria with access onto Martin Street.
• Apply to the City Council for a License to Encroach.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B,"
attached hereto and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
2013.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April,
- Mayor Becky Ames -
e 2166-ZJP: Request for a zone change from RS (Residential Single Family Dwelling) 1�T
Arict to RCR(Residential Conservation and Revitalization) District or more restrictive 1V
trict and a specific use permit to allow a washateria in an RCR (Residential
nservation and Revitalization) District.
)cation: 3505 Pine Street
pplicant: Sergio Sierra
0 100 200
1 1 1 1 Feet
Legend
2166ZP
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EXHIBIT "A"
*Approval of ordinance subject to the following conditions:
1. The parking lot shall be redone to comply with City requirements. (Redesign existing parking
lot to meet City specifications and to prevent vehicles from backing directly onto Pine Street or
provide a parking lot at the rear of the washateria with access onto Martin Street.)
2. Apply to City Council for a License to Encroach.
EXISTING= CYCLONE FENCE
TO SE REPLACED WITH A 6' WOOD FENCE
PLOT PLAN
SCALE: 1% 30'
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EXHIBIT "B"
2
April 30, 2013
Consider an ordinance approving a zone change from LI (Light Industrial) District to GC -MD
(General Commercial -Multiple Family Dwelling) District at 4380 Fannett Road
RICH WITH OPPORTUNITY
BEA,[IMON*
T• E• X• A• S
101
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
C)�
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: April 30, 2013
REQUESTED ACTION: Council consider an ordinance approving a zone change
from LI (Light Industrial) District to GC -MD (General
Commercial -Multiple Family Dwelling) District at 4380
Fannett Road.
BACKGROUND
The American Postal Workers' Union, on behalf of Eugene Koch, Pastor of the Christ Community
Church has applied for a zone change.
The proposed zone change will allow for the property to be used as a church. It is in keeping with
the character of the surrounding neighborhood.
The north 228'± of the parcel is already zoned GC -MD, while the south 176'± of the parcel is
zoned LI. A church is a permitted as of right use in the GC -MD zoning district. Parcels to the north,
north east, and west are all in the zoned GC -MD district.
At a Joint Public Hearing held April 15, 2013, the Planning Commission recommended 7:0 to
approve the zone change from LI District to GC -MD District.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF
THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED LI (LIGHT INDUSTRIAL)
TO GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY
DWELLING) DISTRICT FOR PROPERTY LOCATED AT 4380
FANNETT ROAD, BEAUMONT, JEFFERSON COUNTY,
TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the
zoning of property presently zoned LI (Light Industrial) District to GC -MD (General
Commercial -Multiple Family Dwelling) District for property located at 4380 Fannett Road,
being the south 176' t of Tract 3, Block 1, Heflebower & Scott Addition, City of Beaumont,
Jefferson County, Texas, containing 0.43 acres, more or less, as shown in Exhibit "A"
attached hereto, and the official zoning map of the City of Beaumont is hereby amended
to reflect such changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations of the underlying zoning district as well as those
regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as
amended.
Section 3.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont,
Texas.
2013.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April,
- Mayor Becky Ames -
File 2167-7.: Request for a zone change from LI (Light Industrial) District to GC -MD N
'General Commercial -Multiple Family Dwelling) District.
Location: 4380 Fannett Road Ak
Applicant: American Postal Workers Union Beaumont Sectional Center, AFL-CIO
0 100 200
1 1 1 1 Feet
Legend
R -S M 21672
1-04
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EXHIBIT "A"
3
April 30, 2013
Consider an ordinance approving a specific use permit to allow a general business office and
training space in an RM -H (Residential Multiple Family Dwelling- Highest Density) District at
7650 Park North Drive
RICH WITH OPPORTUNITY
[11'EA,[1M0N*
T• E• X• A• S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
C�
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE:
April 30, 2013
REQUESTED ACTION: Council consider an ordinance for a specific use permit to
allow a general business office and training space in an
RM -H (Residential Multiple Family Dwelling -Highest
Density) District at 7650 Park North Drive.
BACKGROUND
James Hazen, owner of HRT Contracting has applied for a specific use permit on behalf of St.
Giles Living Center, Inc.
The proposed office space will contain seven offices, a conference room, a small training room
(for about 12 people) and bathroom/break room facilities. The overall size of the proposed
building is 33' x 77 '/2', or 2402 square feet of office space. This specific use permit will be an
expansion of a specific use permit granted to St. Giles in 2005.
The building will be located on a site with an existing building already owned and in use by the
company. The existing driveway will be relocated to accommodate more parking and the new
building. The proposed building will be located at the northern corner of the parcel.
At a Joint Public Hearing held April 15, 2013, the Planning Commission recommended 7:0 to
approve the specific use permit to allow a general business office and training space in an RM -H
District at 7650 Park North Drive subject to the following condition:
1. Typical parking spaces shall be 9' x 18' and the ADA parking space shall be either 8' x
18' with an 8' access aisle or 11' x 18' with a 5' access aisle.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance subject to the following condition:
1. Typical parking spaces shall be 9' x 18' and the ADA parking space shall be either 8' x
18' with an 8' access aisle or 11' x 18' with a 5' access aisle.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A GENERAL BUSINESS OFFICE AND
TRAINING SPACE IN A RM -H (RESIDENTIAL MULTIPLE
FAMILY DWELLING -HIGHEST DENSITY) AT 7650 PARK
NORTH DRIVE IN THE CITY OF BEAUMONT, JEFFERSON
COUNTY, TEXAS.
WHEREAS, St. Giles Living Center, Inc., by and through its representative James
Hazen, has applied for a specific use permit to allow a general business office and training
space in a RM -H (Residential Multiple Family Dwelling -Highest Density) District at 7650
Park North Drive, being Tract 216C, Plat RS -4, W.B. Dyches Survey, City of Beaumont,
Jefferson County, Texas, containing 5.753 acres, more or less, as shown on Exhibit "A,"
attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow
a general business office and training space in a RM -H (Residential Multiple Family
Dwelling -Highest Density) District at 7650 Park North Drive, subject to the following
condition:
;and,
• Typical parking spaces shall be 9'x 18' and the ADA parking space shall be
either 8'x 18' with an 8' access aisle or 11' x 18' with a 5' access aisle.
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are hereby, in
all things, approved and adopted; and,
Section 1.
That a specific use permit to allow a general business office and training space in
a RM -H (Residential Multiple Family Dwelling -Highest Density) District at 7650 Park North
Drive, being Tract 216C, Plat RS -4, W. B. Dyches Survey, City of Beaumont, Jefferson
County, Texas, containing 5.753 acres, more or less, as shown on Exhibit "A," attached
hereto, is hereby granted to St. Giles Living Center, Inc., its legal representatives,
successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof
for all purposes, subject to the following condition:
• Typical parking spaces shall be 9'x 18' and the ADA parking space shall be
either 8' x 18' with an 8' access aisle or 11' x 18' with a 5' access aisle.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B,"
attached hereto and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
2013.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April,
- Mayor Becky Ames -
File 2165-P: Request for a specific use permit to allow a general business office and N
raining space in an RM H (Residential Multiple Family Dwelling-Highest Density)
)ist rict.
.ocation: 7650 Park North
kpplicant: The Giles Living Center, Inc.
0 300 600
1 1 1 Feet
EXHIBIT "A"
P 6;z
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EXHIBIT "B"
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EXHIBIT "B"
April 30, 2013
Consider an ordinance approving the abandonment of a 60' x 140' unimproved street right-of-way
on Estelle between 3505 Westmoreland and 3495 Westmoreland
RICH WITH OPPORTUNITY
[1EA,UM0N*
T - E - X • A • s City Council Agenda Item
TO:
City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: April 30, 2013
REQUESTED ACTION: Council consider an ordinance approving the abandonment
of a 60' x 140' unimproved street right-of-way on Estelle
between 3505 Westmoreland and 3495 Westmoreland.
BACKGROUND
Melissa Jackson has applied for the abandonment of a portion of right-of-way.
The requested abandonment is for an unimproved portion of Estelle. The applicant would like to
incorporate all or part of it into her yard.
This item was sent to all interested parties. Water Utilities has a 10" sanitary sewer main in the
right-of-way.
At a Regular Meeting held April 15, 2013, the Planning Commission recommended approval 7:0
of the abandonment subject to the following condition:
A utility easement will need to be retained. The easement must contain the following
information:
• No structures or appurtenances shall be placed within the easement property.
• Water Utilities will not be responsible for any surface restoration when water
and/or sanitary sewer main repairs are needed
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance subject to the following condition:
A utility easement will need to be retained. The easement must contain the following
information:
• No structures or appurtenances shall be placed within the easement property.
■ Water Utilities will not be responsible for any surface restoration when water
and/or sanitary sewer main repairs are needed
ORDINANCE NO.
ENTITLEDAN ORDINANCE VACATING AND ABANDONING
A 60' x 140' UNIMPROVED STREET RIGHT-OF-WAY
LOCATED ON ESTELLE STREET BETWEEN 3505
WESTMORELAND STREET AND 3495 WESTMORELAND
STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Melissa Jackson has applied for the abandonment of a 60' x 140'
unimproved street right-of-way located on Estelle Street between 3505 Westmoreland
Street and 3495 Westmoreland Street, City of Beaumont, Jefferson County, Texas, being
a 60' x 140' portion of Estelle Street beginning at the south right-of-way line of
Westmoreland Street and running in a southerly direction for a distance of 140', City of
Beaumont, Jefferson County, Texas, containing 0.19 acres, more or less, as shown on
Exhibit 'A" attached hereto; and,
WHEREAS, the City Council has considered the purpose of said abandonment and
is of the opinion that the easement is no longer necessary for municipal utility purposes
and the abandonment of said unimproved street right-of-way is in the best interest of the
City and should be granted, subject to the following condition:
• A utility easement will need to be retained. The easement must contain the
following information:
• No structure or appurtenances shall be placed within the easement
property.
• Water Utilities will not be responsible for any surface restoration when
water and/or sanitary sewer main repairs are needed.
NOW, THEREFORE, BE IT ORDAINED 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 a 60'x 140' unimproved street right-of-way located on Estelle Street between
3505 Westmoreland Street and 3495 Westmoreland Street, City of Beaumont, Jefferson
County, Texas, being a 60'x 140' portion of Estelle Street beginning at the south right-of-
way line of Westmoreland Street and running in a southerly direction for a distance of 140',
City of Beaumont, Jefferson County, Texas, containing 0.19 acres, more or less, as shown
on Exhibit 'A" attached hereto, be and the same is hereby vacated and abandoned and
that title to such property shall revert to and become the property of the persons entitled
thereto by law, subject to the following condition:
• A utility easement will need to be retained. The easement must contain the
following information:
2013.
No structure or appurtenances shall be placed within the easement
property.
Water Utilities will not be responsible for any surface restoration when
water and/or sanitary sewer main repairs are needed.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30thday of April,
- Mayor Becky Ames -
aeM22-OB: Request to abandon a 60' x 140' unimproved street right-of-way N
kation: Estelle between 3505 Westmoreland and 3495 Westmoreland.
pplicant: Melissa Jackson
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EXHIBIT "A"
�61
April 30, 2013
Consider an ordinance abandoning approximately 0.3611 acres of Stagg Drive approximately 250'
from 11 m Street
RICH WITH OPPORTUNITY
BEA,UMON *
T- E• x- A- S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
(��1
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: April 30, 2013
REQUESTED ACTION: Council consider an ordinance abandoning approximately
0.3611 acres of Stagg Drive approximately 250' from I lb
Street.
BACKGROUND
John Rose, Sr. Due Diligence Manager for HEB Grocery Company, LP, has applied for the
abandonment.
The subject portion of Stagg is east of 11th Street and west of that portion of Stagg that was
abandoned in June, 2012.
The abandonment is in conjunction with the development of the new HEB store on the old Baptist
Hospital site. Since the abandonment in 2012, Dr. Fracht at 3510 Stagg has agreed to sell his
property to HEB. All three existing property owners abutting the subject right-of-way agree to
the abandonment.
This item was sent all interested parties. Water Utilities has a 6" water main and a 12" sanitary
sewer main within Stagg. Time Warner has fiber and coax plant on power poles in the
right-of-way.
At a Regular Meeting held April 15, 2013, the Planning Commission recommended approval 7:0
of the abandonment subject to the following conditions:
1. The 6" water main will need to be replaced with HDPE SDR -11 pipe, and the 12"
sanitary sewer line will need to be replaced to with HDPE SDR -17 pipe.
2. A utility easement will need to be retained. The easement must contain the following
information:
• No structures or appurtenances shall be placed within the easement property; and
• Water Utilities will not be responsible for any surface restoration when water
and/or sanitary sewer main repairs are needed.
3. HEB shall be responsible for the cost of relocating Time Warner Cable's fiber and coax
plant on power poles located in the right-of-way, if required.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance subject to the following conditions:
1. The 6" water main will need to be replaced with HDPE SDR -11 pipe, and the 12"
sanitary sewer line will need to be replaced to with HDPE SDR -17 pipe.
2. A utility easement will need to be retained. The easement must contain the following
information:
• No structures or appurtenances shall be placed within the easement property; and
• Water Utilities will not be responsible for any surface restoration when water
and/or sanitary sewer main repairs are needed.
3. HEB shall be responsible for the cost of relocating Time Warner Cable's fiber and coax
plant on power poles located in the right-of-way, if required.
ORDINANCE NO.
ENTITLED AN ORDINANCE VACATING AND ABANDONING
APPROXIMATELY 0.3611 ACRES OF STAGG DRIVE
LOCATED APPROXIMATELY 250' FROM 11T" STREET,
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, HEB Grocery Company, LP, by and through it's representative, John
Rose, Sr., has applied for the abandonment of approximately 0.3611 acres of Stagg Drive
located approximately 250' from 11th Street, City of Beaumont, Jefferson County, Texas,
as described in Exhibit "A" and shown on Exhibit B," attached hereto, and,
WHEREAS, the City Council has considered the purpose of said abandonment and
is of the opinion that the easement is no longer necessary for municipal utility purposes
and the abandonment of said street is in the best interest of the City and should be
granted, subject to the following conditions:
• The 6" water main will need to be replaced with HDPE SDR -11 pipe, and the
12" sanitary sewer line will need to be replaced with HDPE SDR -17 pipe.
• A utility easement will need to be retained. The easement must contain the
following:
• No structure or appurtenances shall be placed within the easement
property.
• Water Utilities will not be responsible for any surface restoration when
water and/or sanitary sewer main repairs are needed.
• HEB shall be responsible for the cost of relocating Time Warner Cable's fiber
and coax plant on power poles located in the right-of-way, if required.
NOW, THEREFORE, BE IT ORDAINED 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 approximately 0.3611 acres of Stagg Drive located approximately 250' from
11" Street, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and
shown on Exhibit "B," attached hereto, and the same is hereby vacated and abandoned
and that title to such property shall revert to and become the property of the persons
entitled thereto by law, subject to the following conditions:
2013.
• The 6" water main will need to be replaced with HDPE SDR -11 pipe, and the
12" sanitary sewer line will need to be replaced with HDPE SDR -17 pipe.
• A utility easement will need to be retained. The easement must contain the
following:
• No structure or appurtenances shall be placed within the easement
property.
• Water Utilities will not be responsible for any surface restoration when
water and/or sanitary sewer main repairs are needed.
• HEB shall be responsible for the cost of relocating Time Warner Cable's fiber
and coax plant on power poles located in the right-of-way, if required.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30thday of April,
- Mayor Becky Ames -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
(0.1611 Acre Parcel)
Note: Bearings are based on a west line of Lot 1 of College Street Complex, a plat recorded
in Clerks File no. 2013001919 of the Official Public Records of Jefferson County Texas,
having been called North 00° 26' 02" East 148.31 feet.
BEGINNING at a PK nail found in concrete in the north right-of-way line of Stagg Drive
and a west line of said Lot 1 for the southeast corner of a called 0.477 acre tract conveyed to
Care R. Fracht and wife, Patrice L. Fracht as recorded in Film Code 103-21-2215 of the
Real Property Records of Jefferson County, Texas and the northeast corner of the said
0.1611 acre tract from which a '/2" iron rod found for an exterior corner of said Lot 1 and
the northeast corner of the said 0.477 acre tract bears North 00° 26' 02" West 148.50 feet
(called North 00° 26' 02" West 148.31 feet);
THENCE South 00° 26' 02" East along the said west line of Lot 1 and the east line of said
0.1611 acre tract a distance of 49.78 feet (called South 00° 26' 02" East 49.78 feet) to a
capped iron rod found in the south right-of-way line of Stagg Drive for an interior corner of
said Lot 1 and the southeast corner of the said 0.1611 acre tract;
THENCE West along the north line of the said Lot l,the south right-of-way line of Stagg
Drive and the south line of the said 0.1611 acre tract for a distance of 107.17 feet (called
West 107.17 feet) to a capped iron rod found for an angle point;
THENCE South 830 58' 32" West continuing along the said north line of Lot 1, the said
south right-of-way line of Stagg Drive and the said south line of the 0.1611 acre tract a
distance of 33.09 feet (called South 83° 58' 21" West to a '/2" capped iron rod st for the
southwest corner of the said 0.1611 acre tract;
THENCE North 00° 22' 14" West along the west line of the said 0.1611 acre tract a
distance of 53.05 feet to an "X" in concrete found in the north right-of-way line of Stagg
Drive for eh southeast corner of a tract conveyed to Siemsen Properties, L.P., as recorded
in Clerks File No., 9818695 of the Official Public Records of Jefferson County, Texas, the
southwest corner of the said 0.477 acre tract and the northwest corner of the said 0.1611
acre tract from which the PK nail found at the intersection of said north righto-of-way line
of Stagg Drive and the east right-of-way line of 11th Street for the southwest corner of the
said Siemsen tract bears South 89° 55'08" West 149.95 feet (called West 150.00 feet);
THENCE North 89° 54' 58" East along the south line of the said 0.477 acre tract, the north
right-of-way line of Stagg Drive and the north line of the said 0.1611 acre tract a distance
140.04 feet (called East 140.00 feet) to the POINT OF BEGINNING and containing
0.1611 acre of land, more or less.
This Field Note Description is based on a survey performed by Fittz and Shipman, Inc.
during February, 2013
EXHIBIT "A"
(0.2002 Acre Parcel)
Note: Bearings are based on a west line of Lot 1 of College Street Complex, a plat recorded
in Clerks File no. 2013001919 of the Official Public Records of Jefferson County Texas,
having been called North 00° 26' 02" East 148.31 feet.
BEGINNING at a PK nail found in at the intersection of the east right-of-way line of 11th
Street and the north right-of-way line of Stagg Drive for the southwest comer of a tract
conveyed to Siemsen Properties, L.P. as recorded in Clerks File No. 9818695 of the
Official Public Records of Jefferson County, Texas and the northwest corner of the said
0.2002 acre tract;
THENCE North 89° 55' 08" East along the said north right-of-way line of Stagg Drive and
the south line of the said Siemsen tract a distance of 149.95 feet (called East 150.00 feet) to
a "X" found in concrete for the southwest corner of a called 0.477 acre tract conveyed to
Carey R. Fracht and wife, Patricia L. Fracht as recorded in Film Code 103-21-2215 of the
Real Property Records of Jefferson County, Texas, the southeast corner of the said
Siemsen tract and the northeast corner of the said 0.2002 acre tract from which a PK nail
found for the southeast corner of the said 0.477 acre tract bears north 890 54' 58" East
140.04 feet (called East 140.00 feet);
THENCE South 000 22' 14" East along the east line of the said 0.2002 acre tract a distance
of 53.05 feet to a %2" capped iron rod set in a north line of said Lot 1, College Street
Complex and the south right-of-way line of Stagg Drive for the southeast corner of the said
0.2002 acre tract;
THENCE South 83° 58' 21" West along the said north line of Lot 1, the said south
right-of-way line of Stagg Drive and the south line of the said 0.2002 acre tract a distance
of 62.23 feet (called South 83° 58' 21" West) to a capped iron rod found for an angle point;
THENCE North 89° 59' 39" West continuing along the said north line of Lot 1, the said
south right-of-way line of Stagg Drive and the south line of the said 0.2002 acre tract a
distance of 88.10 feet (Called North 89° 59' 39" West 88.10 feet) to a capped iron rod
found at the intersection of the said east right-of-way line of 11"' Street and the said south
right-of-way line of Stagg Drive for the southwest corner of the said 0.2002 acre tract;
THENCE North 000 18' 03" West along the west line of the said 0.2002 acre tract a
distance of 59.37 feet to the POINT OF BEGINNING and containing 0.2002 acre of land,
more or less.
This Field Note Description is based on a survey performed by Fittz & Shipman, Inc,
during February 2013.
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April 30, 2013
Consider an ordinance amending Ordinance No. 12-065 by deleting the Precinct 90 reference
number
RICH WITH OPPORTUNITY
BEAUMO N*
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: April 30, 2013
REQUESTED ACTION: Council consider an ordinance amending Ordinance No.
12-065 by deleting the Precinct 90 reference number.
BACKGROUND
On September 4, 2012, the City Council adopted redistricting Draft Map C as the modified
boundary map in compliance with the apportioning of the population made necessary by the 2010
census. The map attached to Ordinance 12-065 reflects a Precinct 90 adjacent to Precinct 17.
Precinct 90, as shown on the map, no longer exists as such within the city limits of the City of
Beaumont. That area of Precinct 90 within the City of Beaumont is now included as part of
Precinct 17. The Draft Map C that was sent to the Department of Justice, and received pre-
clearance, did not show a Precinct 90, it only appears in the ordinance attachment. The purpose
of this ordinance amendment is to simply delete the number "90" from the attachment. The
Department of Justice has been contacted with regard to this proposed change.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
ORDINANCE NO.
A ORDINANCE AMENDING ORDINANCE NO. 12-065 BY
DELETING THE PRECINCT 90 REFERENCE NUMBER.
WHEREAS, on September 4, 2012, the City Council of the City of Beaumont,
Texas, passed Ordinance No. 12-065 adopting redistricting Draft Map "C" as the modified
boundary map in compliance with the apportioning of the population made necessary by
the 2010 census; and,
WHEREAS, Precinct 90, as shown on Draft Map "C", no longer exists as such within
the city limits of the City of Beaumont; and,
WHEREAS, that area of Precinct 90 within the City of Beaumont is now included as
part of Precinct 17; and,
WHEREAS, it is necessary to amend Ordinance No. 12-065 as shown on Exhibit
"A," attached hereto, deleting the number "90" from the Draft Map "C" and chart attached.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this ordinance are hereby,
in all things, approved and adopted; and,
THAT Ordinance No. 12-065 is hereby amended as shown on Exhibit "A," attached
hereto, deleting the Precinct 90 reference number from the original attachment.
2013.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April,
- Mayor Becky Ames -
h.✓
JEFFERSON COUNTY VOTING PRECINCTS
WARD 1
WARD 2
WARD 3
WARD 4
22
92
77
84
72
1
85
88
17
63
18
99
79
3
39
94
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8
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2
78
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20
68
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4
86
11
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89
73
15
*21
7
5
14
*64
65
62
12
*92
100
*13
6
23
87
* Portion that is within the Beaumont city limits.
April 30, 2013
Consider amending Section 2.03.075 of the Code of Ordinances to increase the number of Grade III
(Lieutenant) positions from 15 to 16 and reducing the number of Grade II (Sergeant) positions from
43 to 42 in the Beaumont Police Department
RICH WITH OPPORTUNITY
BEAIIMON*
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: April 30, 2013
REQUESTED ACTION: Council consider amending Section 2.03.075 of the Code of
Ordinances to increase the number of Grade III
(Lieutenant) positions from 15 to 16 and reducing the
number of Grade II (Sergeant) positions from 43 to 42 in
the Beaumont Police Department.
BACKGROUND
As part of Chief Singletary's restructuring of the Police Department, he would like to increase
the number of authorized Lieutenant positions by one and decrease the number of Sergeant
positions by one. Chief Singletary is developing leaders within the higher ranks of the
department and believes this change will further enhance the management structure as well as
accountability.
FUNDING SOURCE
The additional cost is approximately $10,000 per year.
RECOMMENDATION
Approval of ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING SECTION 2.03.075
OF THE CODE OF ORDINANCES BY INCREASING THE
NUMBER OF GRADE III LIEUTENANT POSITIONS IN THE
BEAUMONT POLICE DEPARTMENT FROM FIFTEEN (15)
TO SIXTEEN (16) AND DECREASING THE NUMBER OF
GRADE II SERGEANT POSITIONS IN THE BEAUMONT
POLICE DEPARTMENT FROM FORTY-THREE (43) TO
FORTY-TWO (42); PROVIDING FOR SEVERABILITY AND
PROVIDING FOR REPEAL.
Section 1.
That Chapter 2, Article 2.03, Division 2, Section 2.03.075, of the Code of
Ordinances of the City of Beaumont be and the same is hereby amended to increase the
number of Grade III Lieutenant positions in the Beaumont Police Department from fifteen
(15) to sixteen (16) and to decrease the number of Grade II Sergeant positions in the
Beaumont Police Department from forty-three (43) to forty-two (42).
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance
and, to such end, the various portions and provisions of this ordinance are declared to be
severable.
Section 3.
All ordinances or parts of ordinances in conflict herewith, including conflicting
portions of the City Budget, are repealed to the extent of the conflict only.
2013.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April,
- Mayor Becky Ames -
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April 30, 2013
Consider a resolution approving a bid for the Seventh Street Pavement Widening and Drainage
Improvement Project
RICH WITH OPPORTUNITY
IIEAUMON*
T- E- X• A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Patrick Donart, Public Works Director
April 30, 2013
REQUESTED ACTION: Council consider a resolution approving the award of a bid
to Brystar Contracting, Inc. of Beaumont in the amount of
$6,075,569.65 for the Seventh Street Pavement Widening
and Drainage Improvement Project.
BACKGROUND
The first of five projects to be funded by the oil and gas revenues from the Beaumont Municipal
Airport property is the reconstruction of Seventh Street from Laurel to Interstate 10. Included in
the reconstruction of Seventh Street is widening the street to create a center turn lane, replacing
the water, sewer and storm water lines, installing bike lanes and 5 ft. sidewalks on both sides of
the street. Additionally, the drainage improvements will more than double the existing capacity
of the storm water discharge.
Four bids were received on April 11, 2014 for this project. The bid totals are shown below with
the unit cost tabulation attached.
Contractor
Location
Bid
Brystar Contracting, Inc.
Beaumont
$6,075,569.65
Reytec Construction Resources, Inc.
Houston
$6,755,880.50
APAC-Texas, Inc.
Beaumont
$7,167,173.45
Texas Sterling Construction Company
Houston
$8,282,879.75
A total of 365 calendar days was allocated in the project design. Brystar plans to subcontract
18% of the project to certified MBE/HUB companies.
FUNDING SOURCE
Beaumont Municipal Airport Oil and Gas Revenues.
RECOMMENDATION
Approval of resolution.
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RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the award of a contract to Brystar Contracting,
Inc., of Beaumont, Texas, in the amount of $6,075,569.65 for the Seventh Street
Pavement Widening and Drainage Improvement Project.
2013.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April,
- Mayor Becky Ames -
E
April 30, 2013
Consider a resolution approving an insurance policy for city -owned properties
RICH WITH OPPORTUNITY
B I M 0 W*
EAUM N
T • R • % • A • S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Patrick Donart, Public Works Director
April 30, 2013
REQUESTED ACTION: Council consider a resolution approving a contract for a
fire, extended coverage, flood and quake property insurance
policy effective May 1, 2013 to McGrieff� Seibels &
Williams of Dallas, Texas in the amount of $1,519,076.60.
BACKGROUND
McGriff, Seibels and Williams is the City's broker of record for securing the City's property
insurance. The proposed premium is based on a total building value of $221,177,705. The appraised
values, reflecting current replacement costs, increased from 2012 values due to the ongoing
assessments of current city -owned property.
Additional endorsements provided in this year's policy renewal include $5M for Electronic Data
Processing equipment coverage, $10M for Flood, $5M for newly acquired locations, $1 M for
unscheduled locations, $1M for extra expense coverage, and $250,000 for Traffic Lights and Signals.
The cost of the policy for this year is $1,519,076.60, a 7.81% increase from last year's premium of
$1,409,518.91.
Companies providing insurance are layered with exposure limited to the amount of damage. The
primary coverage is Great American Insurance Company. Westchester, Lexington, First Specialty,
Landmark, Colony, Aspen, Alterra, Liberty, James River, and Everest insurance carriers will provide
catastrophic and Wind/Hail Coverage. A separate policy for Hotel Beaumont in the amount of
$29,103 is included in the premium. This policy may be canceled upon the sale of the building.
Property Insurance
April 30, 2013
Page 2
The deductibles for the new policy are as follow:
DEDUCTIBLES
Fire and All Other Perils excluding wind
$50,000
Flood except Flood Zone A and Shaded X
$100,000
Flood - Zone A and Shaded X
$500,000
Windstorm (Named Storms)
2% of Scheduled Value
Windstorm (Named Storms) on Buildings Valued in excess of $5M
Six (6) locations include Civic Center, City Hall, Police Building,
Julie Rogers Theatre, Jefferson Theatre & Municipal Court Building
1/2% of Scheduled
Value
All other WindiHaul/Earthquake
$50,000
Boiler and Machinery
$25,000
All insurance companies contained in the new policy are A.M. Best rated at A+13 or better. The
policy renewal will be in effect from May 1, 2013 to May 1, 2014.
FUNDING SOURCE
General Fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manger be and he is hereby authorized to execute a contract for fire,
extended coverage, flood and quake property insurance in the amount of $1,519,076.60
through McGriff, Seibels & Williams, of Dallas, Texas, as broker, for primary coverage with
Great American Insurance Company and catastrophic and wind/hail coverage with
Westchester, Lexington, First Specialty, Landmark, Colony, Aspen, Alterra, Liberty, James
River, and Everest effective May 1, 2013.
2013.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April,
- Mayor Becky Ames -