HomeMy WebLinkAboutPACKET 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