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PACKET OCT 20 2015TEXAS [KIIHOININK .20 EVI 1,,] 2 llt*�01_01 X01"I N!"o-1111KII 1 0 Approval of minutes — October 13, 2015 Confirmation of committee appointments Myra Clay would be appointed as the Chairman of the Parks and Recreation Advisory Committee. The term would commence October 20, 2015 and expire October 19, 2016. (Mayor Becky Ames) Tom LeTourneau would be appointed to the Community Development Advisory Committee. The term would commence October 20, 2015 and expire October 19, 2017. (Councilmember W. L. Pate, Jr.) Asha Winfield would be appointed to the Historic Landmark Commission. The term would commence October 20, 2015 and expire October 19, 2017. (Councilmember Robin Mouton) Lynn DeCordova would be reappointed to the Community Development Advisory Committee. The current term would expire February 20, 2016. (Mayor Pro Tem. Mike Getz) Connie Berry would be reappointed to the Community Development Advisory Committee. The current term would expire September 12, 2017. (Mayor Pro Tem Mike Getz) Linda Cooper would be reappointed to the Library Commission. The current term would expire September 27, 2016. (Mayor Pro Tem Mike Getz) Damian Diaz -Plumbing would be reappointed to the Construction Board of Appeals (Building). The current term would expire September 12, 2017. (Mayor Becky Ames) Wayne E. Duerler-Fire Representative would be reappointed to the Construction Board of Appeals (Building). The current term would expire February 7, 2017. (Mayor Becky Ames) Myra Clay would be reappointed to the Parks and Recreation Advisory Committee. The current term would expire October 12, 2016. (Mayor Becky Ames) Charles Taylor would be reappointed to the Community Development Advisory Committee. The current term would expire September 21, 2017. (Councilmember Audwin Samuel) Charles Taylor would be reappointed to the Small Business Revolving Loan Fund Board. The current term would expire September 21, 2017. (Councilmember Audwin Samuel) Irmalyn Thomas would be reappointed to the Police Department Community Advisory Committee. The current term would expire January 10, 2017. (Councilmember Audwin Samuel) A) Authorize the execution of a License to Encroach Agreement with Halliburton Energy Services, Inc. through their agent ENTACT, LLC related to two monitoring wells encroaching onto the City's right-of-way located 310' east and 456' east of the intersection of northbound Hwy 69 frontage road and Broad Oak Drive B) Authorize the execution of a License to Encroach Agreement with Halliburton Energy Services, Inc. through their agent ENTACT, LLC related to two wells encroaching onto the City's right-of-way located 320' north of the intersection of Broad Oak Drive and Voth Road and 150' west of the intersection of southbound Hwy 69 frontage road and Broad Oak C) Authorize the City Manager to receive funding, on behalf of the City of Beaumont, from the Department of Homeland Security Grant Program (HSGP) RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made: Appointments Commission Beginning Expiration of Term of Term Myra Clay(Chairmam) Parks and Recreation Advisory Committee 10/20/2015 10/19/2016 Tom LeTourneau Community Development Advisory 10/20/2015 10/19/2017 Connie Berry Committee 10/20/2015 09/12/2017 Asha Winfield Historic Landmark Commission 10/20/2015 10/19/2017 THAT the following reappointments be made: Reappointment Commission Beginning Expiration of Term of Term Lynn DeCordova Community Development Advisory 10/20/2015 02/20/2016 Committee Connie Berry Community Development Advisory 10/20/2015 09/12/2017 Committee Linda Cooper Library Commission 10/20/2015 09/27/2016 Damian Diaz Construction Board of Appeals 10/20/2015 09/12/2017 Wayne E. Duerler Construction Board of Appeals 10/20/2015 02/07/2017 Myra Clay Parks and Recreation Advisory 10/20/2015 10/12/2016 Committee Charles Taylor Community Development Advisory 10/20/2015 09/21/2017 Committee Charles Taylor Small Business Revolving Loan Fund Board 10/20/2015 09/21/2017 Irmalyn Thomas Police Department Community Advisory 10/20/2015 01/10/2017 Committee PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of October, 2015. - Mayor Becky Ames - A BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director��� MEETING DATE: October 20, 2015 REQUESTED ACTION: Council consider a resolution authorizing the execution of a License to Encroach Agreement with Halliburton Energy Services, Inc. through their agent ENTACT, LLC. BACKGROUND The ground water monitoring wells will be being installed by ENTACT, LLC to delineate groundwater contamination. The license will cover two (2) monitoring wells encroaching onto the City's right-of-way located 310' east and 456' east of the intersection of northbound Hwy 69 frontage road and Broad Oak Drive. The request from ENTACT, LLC, the agent, was submitted to all City departments and utility companies with no objections. The City Utilities Department approved the license to encroach with the following conditions: The City has an existing 24" water main and a 3" water main on the west side of Old Voth Road and an 8" sanitary sewer main along the east side of Old Voth Road. The City has an existing 16" water main on the north side of Broad Oak Drive and a 12" sanitary sewer main on the south side of Broad Oak Drive. The City of Beaumont will not be responsible for any damage to the monitoring well if the water or sanitary sewer main should ever develop a cavity or due to any repairs to the City mains by City crews. The City of Beaumont shall not be responsible for the repair and replacement of the monitoring wells. The Environmental Contractor will be invoiced for any damages that occur to City water and/or sanitary sewer mains during the installation and/or removal of any of the monitoring wells. The License Agreement protects the City from liability and provides a thirty (3 0) day cancellation clause. FUNDING SOURCE There is a one time non-refundable fee of $500 from ENTACT, LLC for the License to Encroach. RECOMMENDATION Approval of resolution. B-1021 WITIN OPPOSTURITY Application for License to Ancroach 11EAU110N* City of Beaumont, Texas 1. NAM OF APPLICANT - . Qkrr Y cnx .3)a0v t54X63' ADDRFSS.- TX '7hQ._5L :3. AUTHORITY oF APPLICANT: JU--n 3. NAMEOFOWNER: H<:dhbQ&-f+o� HtSi: -z 3'�N_'to XT790_wl"_' J-jC-,,q,5j-Zlr� Nkrk ADDME.- L61SA44-0 rA _rX 2 4 n1-40 WONE: 1 r,7,5- q�0 LEGA; MCRIPTION OF OWNER3S PROPERTY (Lots, Blocks, Subdivislola) TO BE SBRVED BY FASM%MNT OR RIGHT-OF-WAY: WP_l LS W 1 1% C-4 3143 i etcvb f ca ovs+ o.I,e- in t css J , o -a—cip + 4. DESCRIPTION OF BASEMENT OR RIGRT-OF-WAY DMOLVED.- eckl�!� 5. PRESENT USE OF EASEMENT OR RIGHT-OF-WAY Pst UtMties N Present): 6. USE OF EASEMENT OR RIGUr-OF-WAY DESIlWX BY OWNER: ---I el I (XJ + to r, 7. ATTACH A MAP OR PLAT DELINEATING THE EASEMENT OR PUBLIC RIGHT OF -WA Y(DhnenAonedand toEngineexing8mlei. PLEASE INCLUDE ALL PERTINENT INFORMATION ON THE XAP: i. Distances from edge of pavement or back of curb IL Street names and nearest cross streets ilL Side of the street [east; west, nortb, south) S. COST TO BE PAIDD FOR LICENSE To ENCROACH AT TIME AppLICATIOX IS SUBMITTED - S500 SAID COST BEING WON -REFUNDABLE. TO THE BEST OF MY KNOWLEDGE, TM ABOVF- INFORMATION IS TRUE AN7 CORRECT. 7 RESOLUTION NO. WHEREAS, Halliburton Energy Services, Inc., through its agent, ENTACT, LLC, has requested that the City of Beaumont grant a License to Encroach into city -owned property, which is described as being two (2) monitoring wells encroaching on the City's right-of-way located 310' east and 456' east of the intersection of northbound Hwy 69 frontage road and Broad Oak Drive, to the City of Beaumont. The encroachment being two ground water monitoring wells overlapping onto city -owned property as described in Exhibit "A" and shown in Exhibit "B," attached hereto and made a part hereof for all purposes; and, WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachment upon the City easement and utilities therein; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute a License to Encroach with Halliburton Energy Services, Inc. to encroach into city -owned property, which is described as being two (2) monitoring wells encroaching on the City's right-of- way located 310' east and 456' east of the intersection of northbound Hwy 69 frontage road and Broad Oak Drive, to the City of Beaumont. The encroachment being two (2) proposed ground water monitoring wells overlapping into city -owned property, as described in Exhibit "A" and shown in Exhibit "B," attached hereto and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of October, 2015. - Mayor Becky Ames - LICENSE TO ENCROACH STATE OF TEXAS X ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and ENTACT, LLC, agent for owner, Halliburton Energy Services, Inc, hereinafter called "Licensee", contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this license agreement) described as follows: Monitoring Wells — encroaching onto the City's right-of-way located 310' east and 456' east of the intersection of northbound Hwy 69 frontage road and Broad Oak Drive. Said encroachments are shown on Exhibit "A", attached. NOW, THEREFORE, Licensor hereby grants to License a license to occupy and use the subject property for the purpose of installing the groundwater monitoring well, subject to all of the terms and conditions hereof. Licensee shall notify 811 forty-eight (24) hours prior to any excavation at site of encroachment. Licensee shall notify the Water Utilities Project Manager at (409) 785-3017 or (409) 785-3019 for utility locates twenty-four hours (24) hours prior to any excavation. Licensee shall maintain a minimum of ten (10) foot separation between the watei mains and the monitoring wells (OD to OD). Licensee shall maintain the said monitoring wells in a good and safe condition as may be required to protect the public from injury or property damage. Licensee shall upon completion of remediation activities, properly close said groundwater monitoring well, with plans subject to approval of the City of Beaumont Water Utilities Department. After three (3) years from the date of this agreement, Licensee shall notify Licensor of their intent to continue using the monitoring wells. Such notice would be sent to the Director of Public Works, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Subject property may continue to be occupied and used by Licensee solely in connection with the existing structures and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction, or improvement of a structure, the cost of which equals or exceeds twenty-five percent (25%) of the market value of the Page 1 of 4 EXHIBIT "A" structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external. dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont, by resolution of the City Council, determines'it needs the subject property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise. Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor, reserves the right to make improvements, perform maintenance and construction to the right-of-way or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensor will not be responsible for any damage to the monitoring well if the water or sanitary sewer main should ever develop a cavity or due to any repairs to the Licensor mains by Licensor crews. Licensor shall not be responsible for the repair and replacement of the monitoring wells. The Environmental Contractor will be invoiced for any damages that occur to Licensor water and/or sanitary sewer mains during the installation and/or removal of any of the monitoring wells. The Licensor shall not be responsible for the repair and replacement of any paving or other structures within the Easement property. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be responsible for any damages to the structure if the sewer main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. Page 2 of 3 As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). Said sum being non-refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves, through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee or their successors shall be sufficient if mailed or hand delivered to ENTACT, LLC, 3129 Bass Pro Drive, Grapevine, Texas 76051 or Halliburton Energy Services, Inc., 3000 N Sam Houston Parkway E, Houston, Texas 77032. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of , 2015. LICENSOR: LICENSEE: CITY OF BEAUMONT By: Kyle Hayes City Manager ENTACT, LLC, agent to owner HALLIBURTON ENERGY, INC. In Printed Name: Title: Page 3 of.4 ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2015, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF HARRIS X This instrument was acknowledged before me on the _ day of , 2015, by of ENTACT, LLC RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, Texas 77704 Notary Public, State of Texas Page 4 of 4 EXHIBIT "B" W E si m rn ,9 e� � UNDISTURBED FOREST •. � C Sl C1NIC METAL 'y. ..0 PADPAO PAD BLD. P� D PAD METAL BID FIC S PAD m _ Z p m +•UNDISNRBED. ���• WASHRAC OI ;•FOREST I R` z SHOPSOFFICE �`.t.�., ••FP,RF'IER. _ "• O SUS BGRA E n.••..ARIVE"Y a _ O 1 U' .• C— "pRIVB: _-• �- t"SPHRLi. l< \ . Z " QO m. ii= Iz SHOP .r, :.....� ' ,: I: G$ASSYAREA� �I i BLDG. O C UI OII WATER- .: SU4MPPARATOR m Z W Z r Y O o ? iFT"' OFFICES G O D.I"r_ iI . i 1Q. LL P CHAT LINK Fc'NC � II A. GA ... A• ._ ._. .. i _I DRAINAGE DITCHm B OAK DRIVE 1 BROADOAK STREET -.Q,T—;. Z 310' FROM 4` FROM 6ROADOAK ROAD FRONTAGE---ROAD - h Q V O J J J W eoexo 0< PROPOSFDYONROR WELLLOGTION F"� . ---- PROPERI'/BOIINOMY ' O _ FEN�LINE I 1 QG {� N N O a O Ix a EXHIBIT "B" SOUt4O HIGKWAY 69196 - SOUTH t4ORTH BOUND HIGHWAY 69196' -FRONTAGE ROAD OFFICE DRIVE PROPOSED MONITO, ONALUBURT01Y MAP WELL LOCATION MONT, TX W&NTACT P BEAU FIGURE 2 F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: October 20, 2015 REQUESTED ACTION: Council consider a resolution authorizing the execution of a License to Encroach Agreement with Halliburton Energy Services, Inc. through their agent ENTACT, LLC. The ground water monitoring wells will be being installed by ENTACT, LLC to delineate groundwater contamination. The license will cover two (2) wells encroaching onto the City's right-of-way located 320' north of the intersection of Broad Oak Drive and Voth Road and 150' west of the intersection of southbound Hwy 69 frontage road and Broad Oak. The request from ENTACT, LLC, the agent, was submitted to all City departments and utility companies with no objections. The City Utilities Department approved the license to encroach with the following conditions: The City has an existing 16" water main on the north side of Broad Oak Drive and a 12" sanitary sewer main on the south side of Broad Oak Drive. The City of Beaumont will not be responsible for any damage to the monitoring well if the water or sanitary sewer main should ever develop a cavity or due to any repairs to the City mains by City crews. The City of Beaumont shall not be responsible for the repair and replacement of the monitoring wells. The Environmental Contractor will be invoiced for any damages that occur to City water and/or sanitary sewer mains during the installation and/or removal of any of the monitoring wells. The License Agreement protects the City from liability and provides a thirty (30) day cancellation clause. FUNDING SOURCE There is a one time non-refundable fee of $500 from ENTACT, LLC for the License to Encroach. RECOMMENDATION Approval of resolution. RX09 WITS 0*170 VNITY o Encroach APP"cciaty"'n o'ffocense to Texas T - 2 - X * A.- S I. NAME OFAPPLICANT: tAQLr1,j Qok ADDRMS: 7(o,0,5PH0NX., 2. ATJTHOPJff OFAP)?LXCANT-. Ur. W�,tz![N Wgvrso' 0 3. NAME oFOVVNER.- )+5ff' aoex-" j4VbLrl�Wcy C- AD1DRES8--WS21'a.6a. Ix 77-01121 PHONE: A 1- 676 - q uk)-q LEGAt, -DESCRWHON OF OWNER'S PROPMTY (Lots, Blocks, SubdivIslon) TO BE SERVED BY' EA OR RIGHT-OF-WAYL 6 ' jrelof + Qr-,d VcA R(3ur1J'zo -hkC' V\1 Op 14WLta_r-C1R0N41.1_-e 48roo'c(QN0A f)r-. 4. DESCREM014 OF 2ASEAdMNT OR RIGIRT-OF-WAY INVOLVED: S. J?RF50ff USE OF EASEMENT OR RIGHT OF -WAY (Ust Utilities if Present): )a 0�a kn ow) Q 6. USE OF VDASEMEM OR RIGHT -OF -'WAY DESIRED BY OWNEIL 7. ATTACH A MAP OR FLAT DELMEATING THE BASEMENT OR PUBLIC RIGHT OF - 'WAY (Dimensioned and toEngineeringSeale)- PLEASE INCLUDE ALL PERTMNT INFORMATION ON THE MAP: i. Distances from edge of pavement or back of curb IL Street names and nearest cross streets iii. Side of the $treat [east, west, north, south) 8. COST TO BE PAID FOR LICENSE TO ENCROACH AT TBR "PLICATION Ls SUBMITTED — 5500 SAID COST BEING NON-RENJMABLE. CORRECT. WAIRM RESOLUTION NO. WHEREAS, Halliburton Energy Services, Inc., through its agent, ENTACT, LLC, has requested that the City of Beaumont grant a License to Encroach into city -owned property, which is described as being two (2) monitoring wells encroaching on the City's right-of-way located 320' north of the intersection of Broad Oak Drive and Voth Road and 150' west of the intersection of southbound Hwy 69 frontage road and Broad Oak Drive, to the City of Beaumont. The encroachment being two ground water monitoring wells overlapping onto city -owned property as described in Exhibit "A" and shown in Exhibit "B," attached hereto and made a part hereof for all purposes; and, WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachment upon the City easement and utilities therein; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute a License to Encroach with Halliburton Energy Services, Inc. to encroach into city -owned property, which is described as being two (2) monitoring wells encroaching on the City's right-of- way located 320' north of the intersection of Broad Oak Drive and Voth Road and 150' west of the intersection of southbound Hwy 69 frontage road and Broad Oak Drive, to the City of Beaumont. The encroachment being two (2) proposed ground water monitoring wells overlapping into city -owned property, as described in Exhibit "A" and shown in Exhibit "B," attached hereto.and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of October, 2015. - Mayor Becky Ames - LICENSE TO ENCROACH STATE OF TEXAS X ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and ENTACT, LLC, agent for owner, Halliburton Energy Services, Inc, hereinafter called "Licensee", contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this license agreement) described as follows: Monitoring Wells — encroaching onto the City's right-of-way located 320' north of the intersection of Broad Oak Drive and Voth Road; 150' west of the intersection of southbound Hwy 69 frontage road and Broad Oak. Said encroachments are shown on Exhibit "A", attached. NOW, THEREFORE, Licensor hereby grants to License a license to occupy and use the subject property for the purpose of installing the groundwater monitoring well, subject to all of the terms and conditions hereof. Licensee shall notify 811 forty-eight (24) hours prior to any excavation at site of encroachment. Licensee shall notify the Water Utilities Project Manager at (409) 785-3017 or (409) 7854019 for utility locates twenty-four hours (24) hours prior to any excavation. Licensee shall maintain a minimum of ten (10) foot separation between the water mains and the monitoring wells (OD to OD). Licensee shall maintain the said monitoring wells in a good and safe condition as may be required to protect the public from injury or property damage. Licensee shall upon completion of remediation activities, properly close said groundwater monitoring well, with plans subject to approval of the City of Beaumont Water Utilities Department. After three (3) years from the date of this agreement, Licensee shall notify Licensor of their intent to continue using the monitoring wells. Such notice would be sent to the Director of Public Works, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Subject property may continue to be occupied and used by Licensee solely in connection with the existing structures and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction, or improvement of a structure, Page 1 of 4 EXHIBIT "A" the cost of which equals or exceeds twenty-five percent (25%) of the' market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont, by resolution of the City Council, determines it needs the subject property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise. Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor, reserves the right to make improvements, perform maintenance and construction to the right-of-way or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensor will not be responsible for any damage to the monitoring well if the water or sanitary sewer main should ever develop a cavity or due to any repairs to the Licensor mains by Licensor crews. Licensor shall not be responsible for the repair and replacement of the monitoring wells. The Environmental Contractor will be invoiced for any damages that occur to Licensor water and/or sanitary sewer mains during the installation and/or removal of any of the monitoring wells. The Licensor shall not be responsible for the repair and replacement of any paving or other structures within the Easement property. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be responsible for any damages to the structure if the sewer main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. Page 2 of 3 As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). Said sum being non-refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves, through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee or their successors shall be sufficient if mailed or hand delivered to ENTACT, LLC, 3129 Bass Pro Drive, Grapevine, Texas 76051 or Halliburton Energy Services, Inc., 3000 N Sam Houston Parkway E, Houston, Texas 77032. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of , 2015. LICENSOR: LICENSEE: CITY OF BEAUMONT By: Kyle Hayes City Manager ENTACT, LLC, agent to owner HALLIBURTON ENERGY, INC. in Printed Name: Title: Page 3 of 4 1 1. ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of , 2015, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF HARRIS X This instrument was acknowledged before me on the _ day of , 2015, by of ENTACT, LLC IM • City of Beaumont Antoinette Hardy - Engineering P. O. Box 3827 Beaumont, Texas 77704 Page 4 of 4 Notary Public, State of Texas SOU lloviwxy 919 tiol;cm aoij,40 v I-- Ia HALLIBURTON PROPOSED MONITOR WELL LOCATION MAP G_FNTACT f "tGKIO"( > NORTH BOUND HIONWAY GHALLIBU RT X( PROPOSED MONITOR WELL LOCATION �E"UMONTI MAFIGURE mm - MaN I OFFICE DRIVE O p Y 0 ............ GHALLIBU RT X( PROPOSED MONITOR WELL LOCATION �E"UMONTI MAFIGURE mm - MaN I c TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: October 20, 2015 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to receive funding, on behalf of the City of Beaumont, in the amount of $208,472.68, from the Department of Homeland Security Grant Program (HSGP). BACKGROUND The Homeland Security Grant Program consists of a number of grant programs, one of which is the State Homeland Security Program (SHSP). Beaumont was awarded $208,472.68 which is intended to purchase fifty-one (5 1) ruggedized portable radios with accessories such as cases, chargers and collar microphones and 6 mobile radios to be used in the Police Department. The radios being replacedmill be disseminated throughout other departments in the City. No local match is required. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the 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 receive funding in the amount of $208,472.68 through the Department of Homeland Security Grant Program (HSGP) for the purchase of fifty-one (51) ruggedized portable radios with accessories and six (6) mobile radios for use by the Police Department; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents necessary to accept grant funding through the Department of Homeland Security Grant Program (HSGP) in the amount of $208,472.68 for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of October, 2015. - Mayor Becky Ames - 0 11,111,jM*Kh TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 20, 2015 1:30 P.M. AGENDA 1. CALL TO ORDER * Invocation Pledge Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda item No. 1/Consent Agenda * Consent Agenda WORK SESSION * Review and discuss authorized positions within the Beaumont Police Department GENERAL BUSINESS 1. Consider amending Section 2.03.075 of the Code of Ordinances to delete three vacant Officer positions and add three Captain positions within the Beaumont Police Department WORK SESSION Review and discuss the issuance of Requests for Proposals for the lease or sale of the City's property located at 125 Magnolia (Warehouse Building) and the lease of property described as the northern 3.4 acre portion of 701 Main Street (portion of Civic Center Parking Lot) * Overview of the Beaumont Municipal Transit System COMMENTS Councilmembers/City Manager comment on various matters Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to emergency management and disaster planning in accordance with Chapter 418 of the Government Code: City of Beaumont/Beaumont ISD Mutual Aid Agreement 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. "' • ! • ! `• positions within • Beaumont Police Department • October 20, 2015 Consider amending Section 2.03.075 of the Code of Ordinances to delete three vacant Officer positions and add three Captain positions within the Beaumont Police Department TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: October 20, 2015 REQUESTED ACTION: Council consider amending Section 2.03.075 of the Code of Ordinances to delete three vacant Officer positions and add three Captain positions within the Beaumont Police Department. BACKGROUND In the Police Department, the Code of Ordinances currently provides for 198 Officers, 44 Sergeants, 16 Lieutenants, 0 Captains, and 2 Assistant Chiefs. In order to re -structure the upper staff of the department, Chief Singletary is requesting to delete three currently vacant Grade I Officer positions and add three Grade IV Captain positions. The proposed structure would be as follows: 195 Officers, 44 Sergeants, 16 Lieutenants, 3 Captains, and 2 Assistant Chiefs. In the future, as Lieutenants are promoted to the new Captain positions, the department intends to remove the vacant Lieutenant positions and replace them with Grade I Officers. RECOMMENDATION Approval of amending the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING SECTION 2.03.075 OF THE CODE OF ORDINANCES BY DELETING THREE (3) CURRENTLY VACANT GRADE I OFFICER POSITIONS AND INCREASING THE NUMBER OF GRADE IV CAPTAIN POSITIONS IN THE BEAUMONT POLICE DEPARTMENT FROM ZERO (0) TO THREE (3); PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Section 1. That Chapter 21, Section 2.03.075, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to delete three (3) currently vacant Grade I Officer positions in the Beaumont Police Department and increase the number of Grade IV Captain positions in the Beaumont Police Department from zero (0) to three (3). Rar_finn 7 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 ordinance or parts of ordinances in conflict herewith, including conflicting portions of the City Budget, are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of October, 2015. - Mayor Becky Ames - Ok ]FkIw!__3 D Rl�_Ib � I �� Ile ! ` ` Requests for Proposals for the lease or sale of the City's property located at 125 Magnolia Building) i the leaseof propertydescribed-as the northern 3.4 acre portion of Main Street a p of Civic Center a WORK SESSION * Overview of the Beaumont Municipal Transit System