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HomeMy WebLinkAboutPACKET AUG 27 2019BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 27, 2019 1:30 PM CONSENT AGENDA * Approval of minutes — August 20, 2019 Confirmation of board and commission member appointments A) Approve a resolution authorizing a Pipeline License Agreement with Lone Star NGL Pipeline LP B) Approve a resolution authorizing the acceptance of two 30' wide Pipeline Easements for Lone Star NGL Pipeline LP C) Approve a resolution authorizing a Pipeline License Agreement with Orbit Gulf Coast NGL Exports, LLC D) Approve a resolution authorizing the acceptance of two 30' wide Pipeline Easements and a Temporary Road Access Easement for Orbit Gulf Coast NGL Exports, LLC E) Approve a contract with Waller County Asphalt, Inc. of Hempstead, Texas to supply ASPPM Asphaltic Concrete Patching Material F) Authorize the City Manager to execute Change Order No. 1, accept maintenance, and authorize a final payment to Signature Group for the construction of the Beaumont Municipal Airport Box -Hangar Access Taxiway Project G) Authorize the City Manager to execute Change Order No. 1, accept maintenance and authorize a final payment to McInnis Construction, Inc. for the Beaumont Municipal Airport Utility Improvements Project H) Authorize the City Manager to execute a lease agreement with the Beaumont Art League I) Authorize the City Manager, or his designee, to execute an agreement with the United States Department of Justice, Drug Enforcement Administration J) Approve a resolution supporting Councilmember W.L. Pate's candidacy for President - Elect of TML BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: August 27, 2019 REQUESTED ACTION: Council consider a resolution authorizing a Pipeline License Agreement with Lone Star NGL Pipeline LP. BACKGROUND Lone Star NGL Pipeline LP has requested permission to install a 20" pipeline to transport propane. The 20" pipeline will cross a 20" water line along South Major Drive, a 20" water line along Interstate 10, an 8" water line and a 10" sewer line in Ford Park, an 8" water line and two 10" sewer lines along Highway 124, a 21" sewer line and an 8" water line along Tyrrell Park Road and an 18" water line and a 12" force main sewer line along Hebert Road. The pipeline will be constructed in accordance with City requirements. There is a one-time fee of $500 for each Pipeline License Agreement. 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 grant a Pipeline License Agreement to Lone Star NGL Pipeline, LP, substantially in the form attached hereto as Exhibit "A," to install a twenty inch (20") propane transport pipeline. The twenty inch (20") pipeline will cross a twenty inch (20") water line along South Major Drive, a twenty inch (20") water line along Interstate 10, an eight inch (8") water line and a ten inch (10") sewer line in Ford Park, an eight inch (8") water line and two (2) ten inch (10") sewer lines along Highway 124, a twenty-one inch (21") sewer line and an eight inch (8") water line along Tyrrell Park Road and an eighteen inch (18") water line and a twelve inch (12") force main sewer line along Hebert Road for the purpose of transporting propane. Said pipelines are to be constructed in compliance with City requirements. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of August, 2019. - Mayor Becky Ames - CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: LONE STAR NGL PIPELINE LP Business Phone: ( 713 ) 989-2864 Business Address: 1300 Main Street, Houston, TX 77002 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein hereby grants to LONE STAR NGL PIPELINE LP 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) Tyrrell Park Road 1 EXHIBIT "A" 71 Feet OST OF'LICENSE: Licensee shall make _a went to'the,Ci of Beaumont as follows. h . License Agreement fee'= $500:0 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: • 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. • 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 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 sewer lines, water lines, or other utilities. 2 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 Engineering Division and/or the Texas Department of Transportation. • Operations along roadways shall be performed in such a manner 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. • 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. • 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. • 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. • Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. 3 • Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. • 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) • 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. • 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. • 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. • 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) • 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 Property Damage: $1,000,000.00 al 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. • 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 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. • 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 R.O.W.: • 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. 5 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. • 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. • 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. 9 NOTIFICATION/INSPECTION: • 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. • 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 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 (3 0) 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: Lone Star NGL Pipeline LP P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: 1300 Main Street Attn: City Manager City and State of Licensee: Houston, TX 77002 7 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. 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 CITY OF BEAUMONT, TEXAS .0 ATTEST: City Clerk Kyle Hayes, City Manager LONE STAR NGL PIPELINE LP By: LONE STAR NGL ASSET GP LLC Its general partner B: ;e, Vice Presi t of L and Right of Way e ATTEST: By: oc� Secretary 0 n m M m m a iL x CITY OF BEAUMONT JEFFERSON COUNTY. TEXAS GRAPHIC SCALE (MILES) 1 0 2 4 aRa L1ix" - .MA FAC IUTY- 0 04/25/19 ISSUED FOR PERMIT ACQUISITION RA �AM M� g'r°P°�°o"°° r�_l, / 7 M7 Ho IsuisL-703M N0. DATE REVISION BY N V � A - a 9985-tl79-1731 FAX- 985-9769053 AW A m -HOUSMNF.ACILHY- 10101 S=h %Vcl F—y, S, t, 620 i Morris P. Hebert Ina Hwcon -A 77071 LONE STAR NGL PIPELINE LP 733FAX 713319-1x71 , surve in & engineering"°.VV �^�mFhi^— AERIAL ROUTE MAP PROPOSED LONE STAR 20" PROPANE PIPELINE CITY OF BEAUMONT CROSSINGS CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY: DA SHEET: 1 OF 8 CHECKED BY: JAG SCALE: AS -SHOWN APPROVED BY: DATE: 04/08/19 DRAWING NO.: 13085 - 40561 0 JEFFERSON COUNTY, TEXAS IST&B RR CO SURVEY, A-566/ STIVERS S. SURVEY, A-51 a— S. MAJOR 1ce a �Y DRIVEl_' 2 OF 8 1 16" SUNOCO PIPELINE CATTLE GUARD ' o J U ' 4 RISER DRAWING NO.: U r < PROP. LONE STAR 20 J EEX ONSHORE DIVISION PA PROPANE PIPELINE 15' 0+00 81 1 J 1+00 J 14' g 2+00 Lim �:�����;�►► w J , 5 W J o J J J PROP. ORBIT 20" POINT OF ENTRY w I J �J J I 1 I ETHANE PIPELINE N:13949499.75 9 a ! o I o Z E. 3490466.28 Q J Q a 2 = POINT OF EXIT LAT.. N030'01'09.67" w v J n �J 17� a, N: 13949532.78 LONG: W094'11'22.19" z J J v w of J� �+ /Z E: 3490622.98 w --rqq a o H 01 o w 3g LAT. -N030'01'09.93" z �1 f= to J J 1 J Jw z r 3 LONG: W094'1 1'20.39" N � UTILITIES SHOWN PER BEAUMONT CITY UTILITY MAPS Sa426 & Wa426 PLAN PIPELINE TO BE INSTALLED BY HORIZONTAL DIRECTIONAL DRILL METHOD (SCALE: 1'=ao') -20 -30 30 20 10 —0+50 0+00 0+50 1+00 1+50 2+00 PROFILE (HORZ. SCALE: 1'=40') (VERT. SCALE: 1'=40') Or- Lm,�o= -HOUMAFAC IUTY- 0 1 04125/19 1 ISSUED FOR PERMff ACQUISITIONI RA Ei jrZfimu 'L.LdsiI/ 1 —7 How tlnuisivia70360 A. N0. DATE REVISION BY W AM _ Ydi%71=731 FAX Y85 N76Y5 /� . -HOUSTON X.9354 Y- LONE STAR NGL PIPELINE LP i 16 offis P Hebevl anr- 10101 Sn.1470F )L 713-219.1-71 Hounoq- -7]07J 71319-IJ70 FAX 713-219-Iql surveying & engineering htwdl —mPhi— PLAN & PROFILE PROPOSED LONE STAR 20" PROPANE PIPELINE 20" WATER LINE CROSSING AT S MAJOR DR CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY: 'DA SHEET- 2 OF 8 Z JAG SCALE: l--40' APPROVED BY: DATE: QO O DRAWING NO.: U r < U Uw N ZJO U W U 0 0 +00 �2 M n OI 00 O O O -20 -30 30 20 10 —0+50 0+00 0+50 1+00 1+50 2+00 PROFILE (HORZ. SCALE: 1'=40') (VERT. SCALE: 1'=40') Or- Lm,�o= -HOUMAFAC IUTY- 0 1 04125/19 1 ISSUED FOR PERMff ACQUISITIONI RA Ei jrZfimu 'L.LdsiI/ 1 —7 How tlnuisivia70360 A. N0. DATE REVISION BY W AM _ Ydi%71=731 FAX Y85 N76Y5 /� . -HOUSTON X.9354 Y- LONE STAR NGL PIPELINE LP i 16 offis P Hebevl anr- 10101 Sn.1470F )L 713-219.1-71 Hounoq- -7]07J 71319-IJ70 FAX 713-219-Iql surveying & engineering htwdl —mPhi— PLAN & PROFILE PROPOSED LONE STAR 20" PROPANE PIPELINE 20" WATER LINE CROSSING AT S MAJOR DR CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY: 'DA SHEET- 2 OF 8 CHECKED BY: JAG SCALE: l--40' APPROVED BY: DATE: 04/08/19 DRAWING NO.: 13085 — 40562 s JEFFERSON COUNTY, TEXAS STIVERS S. SURVEY, A-51 3 I / INTERSTATE 1-10 / ! / 1�� i OF GE WAY POINT OF ENTRY PROP. LONE STAR 20" w POINT OF EXIT N: 13949288.62 PROPANE PIPELINE 4y ' N:13949137.30M C OF E: 3494234.86 n o f E: 3494530.40 LAT- N030'01'06.04" " LAT: N030'0,'04.42" �/ EDGE OF LONG:W09470'39.4, PROP. ORBIT 20 I �m I 1 / LONG: W09410'36.17" I a ETHANE PIPELINE l8' r ' / , ,+00 I I 1/ 2+00 !' l I� 3+OIO�i / r 9 WOODS 5 0+00 ROgp 0 -40 -40 -50 . . . . . .I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I. . . -50 -60 . . . . . .� . . . . . . . . . . . . . . . . . . . . . . . . . -70 . . .PROP. ORBIT 20" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . -70 t-90 -80 . . .ETHANE PIPELINE.1. . . . . . . . . . . . . . . . . . . . . . //—/ -90 I.......................................I.... surveyin & en WOODS o til o o m o ]? o o?z z I o ~ 0 0 x � 0 O o V c$ic=icr.7 IQ e c.=iJ o f- z zL p w o I0 w w zl /o ,� 0000w w �I o v w 0 1-l0 3 w9 !Ow EL LL OWWa it a3ay o /Ci7 o i; o o a W�O �W C� W W CS4� Cy+ W 1-ti00FO W C�7W FO/ C•3� 1 0 /� UTILITIES SHOWN PER BEAUMONT CITY o H PLAN ' Z UTILITY MAPS Sa426 & Wa426 O O O O O (SCALE: 1"=60') Z PIPELINE TO BE INSTALLED BY x x S 2 2= HORIZONTAL DIRECTIONAL DRILL METHOD c W 0 -40 -40 -50 . . . . . .I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I. . . -50 -60 . . . . . .� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I. . . . .-60 -70 . . .PROP. ORBIT 20" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . -70 t-90 -80 . . .ETHANE PIPELINE.1. . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . .I. -ea -90 I.......................................I.... surveyin & en 71.'1-219-I17D F,� ineerin. hD�/].�•.mFhNca�n z z it m H m o H ' Z O O O O O Z ¢ V x x S 2 2= O c W pUUUUp �0000� it a r r U? O 0-0 O i; o O000 z o p o O o p0O 1y Le_ w ��a3 3w0� w 3< aZwo0 z O \ w w p w p\0 w dwW�CD owO �-ooim -Ow U ww O d El 0-� o=00 w U U w U w U w U HUH O[YHN m .00 .. 0 0 0+AMM �+ O OO OOO N�MNONONNNNNN N N�nN MM nMN']nM 30 30 332' R -O -W 20[NAT. GROUND . ' . . NAT. GROUND 20 10 . . . . . . . . . . . 10 p. . . .I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I 0 ROP. LONEI STAR 20" 65' CLR. 57• CLR. 57' CLR. 56' CLR. I ±50' CLR. -20PROPANE PIPELJNE I -2 -30 I I .I. . . . . . . . .I. . . . . . . . . . . 0 -40 -40 -50 . . . . . .I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I. . . -50 -60 . . . . . .� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I. . . . .-60 -70 . . .PROP. ORBIT 20" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . -70 t-90 -80 . . .ETHANE PIPELINE.1. . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . .I. -ea -90 I.......................................I.... surveyin & en -0+50 0+00 0+50 1+00 1+50 2+00 2+50 PROFILE (HORZ. SCALE 1"-60') (VERT. SCALE: 1'=60') 0 1 04/25/19 1 ISSUED FOR PERMIT ACQUISITION I RA NO. I DATE I REVISION I BY LONE STAR NGL PIPELINE LP PROPOSED LONE STAR 20 -INCH PROPANE PIPELINE 20" WATER LINE CROSSING AT INTERSTATE 1-10 CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS 3+00 3+50 3+75 DRAWN BY: - OR¢ lauions: � �� ��783Co.FW-70n -xounu FActurv- Ifoo —`7�-� / 7 /7 Hmvna,Inu@Tana 70360 A 9![541]'12731 FAX:9654176.91152 -HOUSTON F.4dLffY- 04/24/19 10101 S=h\VatF—y.S,R,620 ^y 74 H­T-���$ H�.Ye�j In�i. 319-1=]I surveyin & en 71.'1-219-I17D F,� ineerin. hD�/].�•.mFhNca�n DRAWN BY: DA SHEET: 3 OF 8 CHECKED BY: JAG SCALE: , "=60' APPROVED BY- DATE: 04/24/19 DRAWING NO.: 13085 - 40563 BUILDING -1+00 4i o 0 o o y o 4 w °1 0+00 JEFFERSON COUNTY, TEXAS. STIVERS S. SURVEY, A-51 s 1p' SE� w_ UN f GRASS 8' Wq w s EDGE OF N . UIVE CO CRfTf a d PROP. LONE STAR 20" a PROPANE PIPELINE 1+00 2+00 3+00 4+00 5+00 6+00 CHECKED BY: JAG SCALE: 5' APPROVED BY: PROP. ORBIT 20" 4, 04/08/19 lit DRAWING NO.: a: Q: Lcv FORD FORD ETHANE PIPELINE 0 0 o PARKING uwi w w LIGHT POLE EDGE OF F o w (TVP.) 3 RAD N Ip EDGE OF ROAD o a I UTILITIES SHOWN PER BEAUMONT CITY PLAN UTILITY MAPS Sa426 & Wa426 (SCALE: 1'=100') PIPELINE TO BE INSTALLED BY HORIZONTAL DIRECTIONAL DRILL METHOD WU W U W W W Z Y Z U UO 6 0 O 7 O O W O y� 1.. aL f!) O C, 0 O jPz O W t ^W U W W m W n O I O 8 O N d� r I +O O O O + 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 2p ROAD . . PARKING LOT 20 o . - . . . o -20F...t50' CLR.. 'I PROP. LONE STAR 20" ,T. t50' CLR. f50 CLR. f ' - F- PROPANE PIPELINE . 1 . —20 80 -100 -1+00 ....................... ............... PROP. ORBIT 20" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r i ETHANE PIPELINE . . . . . . . . . . 0+00 1+00 2+00 3+00 4+00 5+00 PROFILE (HORZ. SCALE 1'100') (VERT. SCALE: 1'9100') -100 6+00 o rRl: -HOL'MA FACILlFACII�TY- 0 04/25/19 ISSUED FOR PERMIT ACQUISITION RA w.911111 u i� 83 Como Weo^� «7 _' t7 xamu, Louisiana 70360 NO. DATE REVISIONBY _01 �A AW 'WAW A 9M54793AI FXY%5-876 YS AV _ -_ _ — -Hou NFACI Y - LONE STAR NGL PIPELINE LP 'fig a OIOI SOWN Wal Frtcway, SuiW 620 il�yo/8J� Hebert Inr Hoodoo -.7-- 713319-1470FA>;:71_ ?19-1.71 surveying& engineering°opJ'mPh^«^ PLAN & PROFILE PROPOSED LONE STAR 20" PROPANE PIPELINE 10" SEWER LINE & 8" WATER LINE CROSSINGS AT FORD PARK CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY- DA SHEET- 4 OF 8 CHECKED BY: JAG SCALE: AS -SHOWN APPROVED BY: DATE: 04/08/19 lit DRAWING NO.: 13085 - 40564 0 Ln m M m m a a` i x JEFFERSON COUNTY, TEXAS STIVERS S. SURVEY, A-51 0 HWY 124 l 4 I l l l I 1 PROP. LONE STAR 20" PROPANE PIPEUNE 1 / 1 76• -1+00 o J+ao 1 \(( 1+00J1l 2+00 s 5 J J / DR[ , WAY I ir—irii--ir-� rr—� r1 r ✓ri \ r r r r r r r� a- 10. t `� PROP. ORBIT 20"NE s JJ l \ J 'op CULVERTS ¢ ETHANE PIPELINE s J I / 1 J 1 1 1 J l 7,o 1 f' 10 co 1- Z � WJPi/ ov I l II W /7 �/1 Q Q f/7 U7 Q Z P, ( W 2 rrJ Z J J��J J 0 �\ �_hti 2titi O J -I'1� O S?.FU.7V'rly lV�1 W =] mmJJm mOOIV OO p00�]V 001 W 2 Q ¢ WW � 3Z W W W W W O O 4 t� O W tL O 2 O 31 0 Irl: 0 0 U\/ claw/o 0o W w W 3 oobvW OOaJ O/ O O O O Y r•00 00 0 0 LOU i Oop 0042 1 UTILITIES SHOWN PER BEAUMONT CITY �I 9 Acoji-J CV of ever- W ev w]- ...e�]r-I-oa UTILITY MAPS Sa426 & Wa426 PLAN PIPELINE TO BE INSTALLED BY HORIZONTAL DIRECTIONAL DRILL METHOD (SCALE' 1"=50') Z O O d v1 W W Z V] NO O N ¢ N¢ Z O W d• J J W J J�J J 0 m =xxS:CU Q < ZU?U J y3 2 W C3 :3m m mm m m m o m qp O 2 cc N 3 J O Oo 0 00 N 3�_ OpOOO W O W W dJ d W 2 U 2 --laJ0 U U 3JJ S0 O Ro u O O pp��� �1� H HU U H H Y� OI--� -� W U W mU�U O� n mm� m+ NCc- MVI��.m nA eOm n - N O to 1� no -mm 00 0.-- + + ^±�{' NN I I O O 0 0 0 O +++++ + 30 30 211'R -O -W 20 NAT. GROUND I NAT. GROUND HWY. 124 120 10 . . . \ . . . . . . . . I . " . \�/.. I 10 p...............I- ..I p -10 . . . . . . . . . . . . . . . . I 53' COV.. f50' CLR. I t50' CLR. I -20 PROP. LONE STAR 200' I . . . . . . . . - '1 -20 -30 . . . . . . . PROPANE PIPELINE.I .I. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . I. .I -30 -40 — —0 5 OF 8 CHECKED 8Y: -40 -50 . . . . . . . . . . . . . . . . . . .I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I -50 -60 . . . . . . . . . . . . . . . . . I . . . . . I -60 -70 . . . . . . . . . . . . . . .I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I -70 PROP. ORBIT 20". I -80 . ETHANE PIPELINE . . . . . . . . . . .I -80 -90 ................. .I............� I. -90 -100 -1+25 -1+00 -0+50 0+00 0+50 1+00 1+50 2+00 2+25 PROFILE (HORZ. SCALE: 1"-50') (VERT. SCALE: 1-=50') 0 1+04/25/19 1 ISSUED FOR PERMR ACQUISITION RA �AM � i� '5;!jr -NOUMA FAC ILRY- 2Vr-p—D"`x N0. DATE REVISION BY�= 1 FIA _ / H���7o76 Y65 -N793771 FAX- S'YS-X]b+JOi'� t- _ _ - -HOU 5]ONFAQLITY- LONE STAR NGL PIPELINE LP pp'� {. �/ 10101 Sm h Wml Fmc q. Suite 6M .IC olWsr• P Hebert, Ina Hounon FAX -71 ]071 711±1 FAX 71? -?19 I<71 surveying& engineering"�F,r..,,.m,h�'­ pfl PLAN & PROFILE PROPOSED LONE STAR 20" PROPANE PIPELINE (2) 10" SEWER LINES & 8" WATER LINE CROSSINGS AT HWY 124 CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY: DA SHEET: 5 OF 8 CHECKED 8Y: JAG SCALE: 1"=50' APPROVED BY- DATE: 04/08/19 DRAWING NO.: 13085 - 40565 s JEFFERSON COUNTY, TEXAS CHECKED BY: JAG SCALE: 1"=40' APPROVED BY.- DATE- 04/08/19 STIVERS S. SURVEY, A-51 13085 - 40566 TYRRELL PARK RD I 51 I I POINT OF EXIT III II I I N:13944722.41 Z c=iI Ic=i a ao a In o I E: 3502510.24 LAT:N030'00'17.49" m .IFUIg o o l LONG: W094'09'07.55" POINT OF ENTRY FENCE POI I o L110 �m o I ow V_ z I N: 13944731.72 E: 3502439.57 a w o,w oolw o w oo W�a o r-, ao w w o PROP. LONE STAR 20 LAT:N030'00'17.61 ++ ^ PROPANE PIPELINE LONG: W094'09'08.35" III .89' I -1+00 -0+00 � 1+00 1+50 5' S' I• I O O O 8" SUNOCO P/L 4.7' COV. I Mof N Z / \ FTC I z '� PROP. ORBIT 20" ETHANE PIPELINE p < DRIWAY �6, c Or, 3 Z c Z -w N ;" 00 24" CULVERT DRIVEWAY TOTAL LENGTH OF R/W: ±71 FEET I PLAN FENCE USED AS ASSUMED ROW PIPELINE TO BE INSTALLED BY (SCALE: 1'=40') BORE METHOD c $ El U d ? YSZ 00w0OW WO JJ OOwo 00\ Ude F -F -U, FSU WO X10 l� 8 802:2.2 Imm jR m01 N}}101{{n.. }+ d 0000 00 O 00 60 b0 O 40 40 1R 30 . . . . . . . . . . . . . . . . . . ' .-. . . . . .I . . . . . . . . . . . . . . I 30 20 . . . . . . . . . . . . . . . . .120 NAT. GROUND I TYRRELL PARK RD NAT. GROUND 10 I . I 10 p. . . . . . . . . . . . . . . . . . . . p -10 . . . . . . . .13' COV. . . . I 15' CLR. I3 1' COV. -10 -2o PROP. LONE STAR 20" � S' MIN. t R. ' • ' • ' ' • ' ' ' • • • ' • -20 PROPANE PIPELINE -30 I I . . I I -30 -40 -40 -1+00 -0+50 0+00 0+50 1+00 1+50 PROFILE (HORZ. SCALE: 1"-40') (VERT. SCALE: 1•-40') oRa�: -HOUNIA FACILffK 0 1 04/25/19 1 ISSUED FOR PERMff ACQUISITION RA �� �� �_ '�'C.'p—D �7 Hmwa.[nvsiy 7030 N0. DATE REVISION BY �� vxsx7%zniFv 985-87&9U5-' AN m A I -HOUSTON FACIUM %ii/%Ords P I eber4 Ina 10101-HOU Io ilw9-T-770ii "6� LONE STAR NGL PIPELINE LP ]I3'_I¢IJ70 FAX: W-214,./1 surveying & engineering '"p9b...wmp11nccmn PLAN & PROFILE PROPOSED LONE STAR 20" PROPANE PIPELINE TYRRELL PARK RD., 21" SEWER LINE & 8" WATER LINE CROSSINGS CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY: DA SHEET: 6 OF 8 CHECKED BY: JAG SCALE: 1"=40' APPROVED BY.- DATE- 04/08/19 DRAWING NO.: 13085 - 40566 0 m M i m s o` x Nb JEFFERSON COUNTY, TEXAS " CHENNETH W.D. SURVEY, A-104/ SIGLER, W.W. SURVEY, A-48 0 ld I 7X—JE-106. V 2Y YQ rOQY I 2l hh �2Z 20 �0 2x 4/ 1QU DOORNBOS BROTHERS POINT OF ENTRY jj mo mo W o� mQ /I 7X -JE N:13936835.46 uaow ow ww owl a/ MARTIN R. HEBERT E: 3528555.95 rz o a o a 0 o x LD a 0 0 LAT:N29'58'48.71"wxo 0 00 LONG: W94'04'15.36" PROP. LONE STAR 20" PROPANE PIPELINE ' rr - �- N s" BUCKEYE P/L 4.8' cov. FENCE 6' LONE STAR P�• pr^ r 0+00 5' 1+00 76' 1 5' 2+00 coi /�/ �� / ! POINT OF EXIT " n N: 13936852.51 PROP. ORBIT 16 M M ! 610.26 ETHANE PIPELINE y Q / E:35289*58'4 a� a� yia2 / / LONG: 9'58'48.86" LONG: W94'04'14.73" / WAY L l �lUl/p !r ff� DRIVE / PLAN (SCALE: 1-=50') o0 SHEET- 7 OF 8 CHECKED BY.- JAG 50 40 U OU UU I . . . . . . . . O Q 40567 I M -U, r " "PROP. ri 30 20 . . • • • . . . • • • . . • • • . PROPANE PIPELINE d a Q Q-0 m 0 z J 00 FU- w m�O m S 10 F . . . I. I c -m-0 O O Wm UO O W U U 3N -10 . . . 1i' CLR . . Or io mM�100:U cm 00 U U O� O w \ K —20 =3o PROP. ORBIT 16" — WF U m o mm0 . Ot�+ N++ N} + OO i-t+++ 00 m F+ 00 + O -so 50 SHEET- 7 OF 8 CHECKED BY.- JAG 50 40 . . . . . . . . . . i. 56'. I . . . . . . . . 40 40567 I R-O_W- i 30 " "PROP. LONE STAR 20" 30 20 . . • • • . . . • • • . . • • • . PROPANE PIPELINE 20 NAT. GROUND HEBERT RD. A R N 10 I 10 0 . . . I. I .I. 24' CLR.' I 0 I 31' COV.. -10 . . . 1i' CLR . . . . . ' -10 —20 C . . . . . . —20 =3o PROP. ORBIT 16" — I 1 -30 -40 ETHANE PIPELINE . . i — -40 -so -50 0+00 1+00 2+00 PROFILE (HORZ. SCALE: 1'-50') (VERT. SCALE 1'-50') OUM -xOUMAFAGIJTY- 0 04/25/19 ISSUED FOR PERMIT ACQUISITION RA w.Mh v i� za3C.T—.D*'; �WrW i IN Ml IN xc�w;L..ii-76360 N0. I DATE REVISION BYMQ iZ ZX5479.2731 FAvxs-M76 -- _ _ X: AgS_ MAN 0USmN F.ACHXff- IOIOI-Swlh%V=Frt y.Suile6Il1 i MORis P Heber4 Inc. xwss".m".nm; LONE STAR NGL PIPELINE LP 711219.1Q0 FAX: 713-219-1.71 surveying & en inee�inq h"� PLAN & PROFILE PROPOSED LONE STAR 20" PROPANE PIPELINE 18" WATER LINE & 12" SEWER LINE CROSSINGS AT HEBERT RD CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY: RA SHEET- 7 OF 8 CHECKED BY.- JAG SCALE: 1"=50' APPROVED 'By. DATE: 04/08/19 DRAWING NO.: 13085 — 40567 PROPOSED LONE STAR 20" PROPANE PIPELINE 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: - LONE STAR NGL PIPELINE LP - 1300 MAIN STREET - HOUSTON, TX 77002 1.2 PIPELINE NAME. LONE STAR PROPANE PIPELINE 1.3 PRODUCT. LIQUID NGL/PROPANE 1.4 CONSTRUCTION ACTIVITIES ARE SCHEDULED TO BE PERFORMED 3RD QUARTER, 2019 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE PIPELINE MUST MEET CFR TITLE 49 CFR PART 195 - TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE, TEXAS ADMINISTRATIVE CODE (TAC) TITLE 16, CHAPTER 8, AND ASME 831.4 -PIPELINE TRANSPORTATION SYSTEMS FOR LIQUID HYDROCARBONS AND OTHER LIQUIDS. 2.2 OPERATING PRESSURE: - 1,750 PSIG 2.3 HYDROSTATIC TEST PRESSURE: - 2,188 PSIG 2.4 DESIGN FACTOR: - 0.5 3.0 CARRIER LINE PIPE 3.1 OUTSIDE DIAMETER: 20.000" 3.2 WALL THICKNESS: - 0.500" 3.3 PIPE SPECIFICATION: API 5L 3.4 SPECIFICATION MINIMUM YIELD STRENGTH: - 70,000 3.5 MATERIAL- -CARBON STEEL 3.6 PROCESS OF MANUFACTURE: - HF-ERW 3.7 EXTERIOR COATING: - 14-16 MILS FBE + 40 MILS ARO 4.0 CATHODIC PROTECTION 4.1 IMPRESSED CURRENT 5.0 CONSTRUCTION METHOD 5.1 PIPELINE WILL BE INSTALLED BY BORE OR HORIZONTAL DIRECTIONAL DRILL METHOD 0 1 04/25/19 1 ISSUED FOR PERMIT ACQUISITION I RA N0. I DATE I REVISION I BY LONE STAR NGL PIPELINE LP PIPELINE DATA SHEET PROPOSED LONE STAR 20" PROPANE PIPELINE CITY OF BEAUMONT CROSSINGS CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS J DRAWN BY: oma mon: 8 OF 8 •HOUMA FAC IUTY- mA k tr M0 1 — 7 / 7 7a3Cmw Wie Ha L..isi..70360 x— JM 9954Mti2731 FA%: 9Il69769053 -HOUSfONFAC11IfY- _— _ _ 10101 S -h %V. F—y, SYi.670 i (I�lari& P. Hebert, Anc H-14701,aaz71307J surveying & engineering 713?H IJ70 FA7v77-219-1571 hupJ/+mp Jnc.com DRAWN BY: DA SHEET: 8 OF 8 CHECKED BY: JAG SCALE: AS INDICATED APPROVED BY: DATE: 04/08/19 DRAWING NO.: 13085 - 40568 Fidelity and Deposit Company of Maryland 1400 American Lane, T1-13, Schaumburg, IL 60196 WD 6 C5&Bond No, LPM9298700 License and/or Permit Bond KNOW ALL MEN BY THESE PRESENTS: That we, LONE STAR NGL PIPELINE LP as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, incorporated under the laws of the State of Maryland, with principal office P.O. Box 1227, Baltimore, Maryland 21203, as Surety, are held and firmly bound unto CITY OF BEAUMONT as Obligee, in the penal sum of One Million and 00/100 DOLLARS ($ 1,000,000.00 ), lawful money of the United States, for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. WHEREAS, the above bounden Principal has obtained or is about to obtain from the said Obligee a license or permit for covering the permitted pipeline crossings of the City of Beaumont streets ; and the term of said license or permit is as indicated opposite the block checked below: ❑ Beginning the day of ending the day of _ 0 Continuous, beginning the 28th , 20 and 20 day of May . 2019 WHEREAS, the Principal is required by law to file with indicated term and conditioned as hereinafter set forth. CITY OF BEAUMONT a bond for the above NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bounden Principal as such licensee or permittee shall indemnify said Obligee against all loss, costs, expenses or damage to it caused by said Principal's noncompliance with or breach of any laws, statutes, ordinances, rules or regulations pertaining to such license or permit issued to the Principal, which said breach or noncompliance shall occur during the term of this bond, then this- obligation hisobligation shall be void, otherwise to remain in full force and effect. PROVIDED, that if this bond is for a fixed term, it may be continued by Certificate executed by the Surety hereon; and PROVIDED FURTHER, that regardless of the number of years this bond shall continue or be continued in force and of the number of premiums that shall be payable or paid the Surety shall not be liable hereunder for a larger amount, in the aggregate, than the amount of this bond and PROVIDED FURTHER, that if this is a continuous bond and the Surety shall so elect, this bond may be cancelled by the Surety as to subsequent liability by giving thirty (30) days notice in writing to said Obligee. Signed, sealed and dated the 28th day of May 20 19 LONE STAR NGL PIPELINE LP By: LONE STAR NGL ASSET GP LLC Its en�eral partner By: J Kevin Taliaferr , Sr. Director -ROW, Right of Way FIDELITY AND DEPOSIT COMPANY OF MARYLAND B 7-71 Vanessa Dominguez--, Attorney -In -Fact': J519a ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by GERALD F. HALEY, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Melissa L. FORTIER, Vanessa DOMINGUEZ, Michael J. HERROD, Wendy W. STUCKEY, Lupe TYLER, Lisa A. WARD and Donna L. WILLIAMS, all of Houston, Texas, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, EXCEPT bonds on behalf of Independent Executors, Community Survivors and Community Guardians. and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND ' SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 26th day of January, A.D. 2017. ATTEST: -91 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND v 7C/ps rIg. D Ns.R ;_._'� ,Qi i1tM Fi XLW,�- At Secretary Vice President Eric D. Barnes Gerald F. Haley State of Maryland County of Baltimore On this 26th day of January, A.D. 2017, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, GERALD F. HALEY, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fust above written. ..0 1 t r filli Maria D. Adamskd, Notary Public My Commission Expires: July 8,2019 POA -F 168-7369A EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomeys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal -thereto; and may with or without cause modify of revoke any such appointment or authority at any CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY-, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: 'That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 28thday of May , 20 19. w�,V CErps.� Gr,i INSp •,y SEAL E a3 7 Michael Bond, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 Fidelity and Deposit Company of Maryland od 0 Home Office: P.O. Box 1227, Baltimore, MD 21203-1227 IMPORTANT NOTICE To obtain information or make a complaint: You may call the Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, and/or Zurich American Insurance Company's toll -.free telephone number for information or to make a complaint at - 1 -800-654-5155 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 PREMIUM. OR CLAIM DISPUTES: Should you have a dispute concerning the premium or about a claim, you should first contact Fidelity and Deposit Company of Maryland or Colonial American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. S8543f(TX) (08/01) AC R®° CERTIFICATE OF LIABILITY INSURANCEDATE(MMJDDNYYY) 4.� 9/15/2019 1 5/28/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES 3657 BRIARPARK DRIVE, SUITE 700 HOUSTON TX 77042 866-260-3538 NAMEA T FHUNhac, No, Ext): Alc, No E-MAIL ADDRESS: INSURERfSl AFFORDING COVERAGE NAIC # INSURER A: Old Republic Insurance Com anv 24147 INSURED LONE STAR NGL PIPELINE, LP 1460854 1300 MAIN STREET HOUSTON TX 77002 INSURER B: INSURERC: INSURER D: INSURER E: INSURER F : COVERAGES CFRTIFICATF NHMRFR• 161 1115X5 DCVIQIrw Al11anm= VVVVVVV THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑OCCUR City of Beaumont NOT APPLICABLE Beaumont TX 77705 EACH OCCURRENCE $ XXXXXXX PREMISES Ea RENTED $ XXXXXXX MED EXP (Any oneperson) s XXXXXXX ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATICM. All riahts reserved PERSONAL & ADV INJURY $ XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER: POLICY❑ JECT LOC OTHER: GENERAL AGGREGATE $ XXXXXXX PRODUCTS - COMP/OP AGG $XXXXXXX $ A AUTOMOBILE LIABILITY X ANY AUTO AUTOS ONLY SCHEDULED HIRED NON -OWNED AUTOS ONLY AUTOS ONLY X MCS -90 Y Y MWTB-21711-18 9/15/2018 9/15/2019 COMBINED SINGLE LIMIT Ea accident $ 10 000,000 BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Per accident S XXXXXXX PROPERTY DAMAGE Per accident $ XXXXXXX $ XXXXXXX UMBRELLA LIAB EXCESS LIAR OCCUR CLAIMS -MADE NOT APPLICABLE EACH OCCURRENCE $ XXXXX XX AGGREGATE $ j{Xj{xxxx DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y! N ANY PROPRIETOR/PARTNER/EXECUTIVE OF ndato MEMN ) EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N ! A NOT APPLICABLE _ STATUTE OER V�rV E.L. EACH ACCIDENT $ XXXXXXX E.L. DISEASE - EA EMPLOYEE $ XXXXXXX E.L. DISEASE -POLICY LIMIT sxx=xx DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) v�r���rwn��IIVLVGR LAIVLtLLAI JUN gee Httacnment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 16110585 AUTHORIZED REPRESENTATIVE City of Beaumont 801 Main Street Beaumont TX 77705 ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATICM. All riahts reserved The ACORD name and logo are registered marks of ACORD Attacnnient C:ocle : 1J-)bLU1 / Master 1L): 14(bU25J4, C;ertlticate 1L): 1011UJ25J The Automobile Liability policy includes a blanket automatic additional insured [provision] that confers additional insured status to the certificate holder only if there is a written contract between the named insured and the certificate holder that requires the named insured to name the certificate holder as an additional insured. In the absence of such a contractual obligation on the part of the named insured, the certificate holder is not an additional insured under the policy. The Automobile Liability policy includes a blanket automatic waiver of subrogation endorsement [provision] that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. In the absence,of such a contractual obligation on the part of the named insured, the waiver of subrogation feature does not apply. BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: August 27, 2019 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of two 30' wide Pipeline Easements for Lone Star NGL Pipeline LP. BACKGROUND Lone Star NGL Pipeline LP is expanding its export capacity at its Nederland facility to accommodate the loading of additional propane and butane volumes. Lone Star NGL Pipeline LP has agreed to pay $1,000 per rod to the City of Beaumont to grant two 30' pipeline easements to continue to segregate the current batch system into two dedicated product pipelines. The easements are described as being a 7,158.06 LF/433.82 Rods situated in the C. Hillebrandt League, Abstract No. 28 and a 2,968.96 LF/l79.94 Rods situated in the Samuel Stivers League, Abstract No. 51. The pipeline easements are for the installation and construction of a20" pipeline to transport propane and butane from Mount Belvieu to Nederland. Lone Star will pay the City of Beaumont a total of $613,760.00 for these easements. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, Lone Star NGL Pipeline, LP has requested the City to convey two (2) thirty foot (30') wide pipeline easements, situated in the C. Hillebrandt and Samuel Stivers Leagues, as described and shown in Exhibits "1" and "2," respectively, attached hereto, to the City of Beaumont for the installation and construction of one (1) twenty foot (20') pipeline to transport ethane and butane; and, WHEREAS, the City Council has considered the execution of said pipeline easement and is of the opinion that said pipeline easement is necessary and describe that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute the pipeline easement as described above to Lone Star NGL Pipeline, LP for consideration of $613,860.00. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. - PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of August, 2019. - Mayor Becky Ames - PROJECT: Lone Star NGL Pipeline LP TRACT NUMBER: TX -JE -079:310 COUNTY: Jefferson County, Texas STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § PIPELINE EASEMENT For and in consideration of Ten Dollars and other good and valuable considerations in hand paid, the receipt of which is hereby acknowledged, the CITY OF BEAUMONT, hereinafter called Grantor, hereby grants and conveys unto LONE STAR NGL PIPELINE LP, a Delaware limited partnership with its mailing address at 1300 Main Street, Houston, Texas 77002, its successors and assigns, hereinafter called Grantee, a thirty (30) foot wide easement (the "Easement") to construct, alter, and maintain pipeline and related appurtenances. on the hereinafter described land which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit A, attached and made a part hereof for all purposes (the "Easement Area"). The Easement herein granted shall be used to construct, lay, maintain, operate, alter, repair, remove, reconstruct, change the size of, replace and abandon a pipeline and any and all necessary or useful appurtenances thereto, including but not limited to fittings, tie -overs, valves, corrosion control equipment, communication equipment and other apparatus above or below ground, for the transportation of oil, gas, petroleum products or any other liquids, gases, or substances which can be transported through pipelines and related _ appurtenances in the Easement Area, and, it is expressly understood and agreed that Grantee shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. Grantee understands the pipeline easement is restricted to allow only one pipeline within the Easement Area. Grantee shall not assign or grant rights to another party to lay an additional pipeline within the Easement Area. In addition to the pipeline easement rights granted therein, Grantor further grants Grantee an additional temporary easement 70 feet in combined width adjoining the full length of the permanent easement granted herein, and such other additional work space to be used as working Exhibit 1 PROJECT: Lone Star NGL Pipeline LP TRACT NUMBER: TX -JE -079.310 COUNTY: Jefferson County, Texas space by Grantee during and for the consideration and installation of the pipeline and any appurtenant facilities. The temporary easement will become null and void at the completion of the project. Grantee will promptly prepare any and all damage done to the Easement area caused by Grantee's use. Grantees must use the Easement area and access road solely for the purposes specified. Grantee will not hunt or fish on any of Grantor's property. Grantee agrees to bury, at the time of construction, the pipeline (exclusive of appurtenances customarily located above ground) to a depth of at least thirty-six (36) feet in the area of the Grantor's sediment ponds (including the Cattail Marsh Wetlands) where the pipeline will be installed via HDD and to a minimum cover of 48" elsewhere, so as not to interfere with the normal cultivation of the soil. Grantee agrees to pay such damages which may arise to any improvements on the property from the construction of said line and appurtenances and to pay such damages which may rise from the maintenance, alteration, repair, removal, reconstruction, use, or replacement of the pipeline. INDEMNITY GRANTEE AGREES TO INDEMNIFY AND HOLD GRANTOR HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR DAMAGES, OR EXPENSES OF WHATSOEVER CHARACTER, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR ENVIRONMENTAL DAMAGES OR RELEASE WHICH MAY BE ASSERTED, INSTITUTED OR RENDERED AGAINST GRANTOR ARISING OUT OF OR IN ANY MANNER CAUSED BY OPERATIONS CONDUCTED HEREUNDER BY GRANTEE, ITS AGENTS, ASSIGNS, EMPLOYEES, OR CONTRACTORS. SUCH INDEMNIFICATION SHALL INCLUDE REASONABLE ATTORNEY'S FEES OR EXPENSES INCURRED BY GRANTOR WITH REFERENCE TO SUCH CLAIMS, SUITS OR DAMAGES. Should Grantee install pipelines under the terms hereunder, and thereafter abandon and fail to use said pipelines for a period of one year, Grantee agrees upon request by Grantor to remove said pipe and other appurtenances and to restore the premises to their original condition, and the easement hereby granted shall terminate and revert to Grantor. After the installation of the pipeline hereunder, Grantee shall restore the surface of the land to substantially the same condition as it was prior to the commencement of such installation PROJECT: Lone Star NGL Pipeline LP TRACT NUMBER: TX -JE -079.310 COUNTY: Jefferson County, Texas and without limitation, Grantee shall level and grade the land so that drainage to, on or from said easement shall not be impaired as a result of said installation. Grantor may use the Easement area for any and all purposes not inconsistent with the purposes set forth in this Easement. Grantor's uses may include but shall not be limited to using the Easement area for agricultural, open space, set -back, density, street and roadway purposes. Grantor is permitted, after review by Grantee, to construct any and all streets and roadways, at any angle of not less than forty-five (45) degrees to Grantee's pipelines, across the Easement area which do not damage, destroy or alter the operation of the pipelines: and its appurtenant facilities. Grantor may also construct and/or install water, sewer, gas, electric, cable TV, telephone or other utility lines across the Easement area at any angle of not less than forty-five (45) degrees to Grantee's pipelines, provided that all of Grantee's required -and applicable spacings, including depth separation limits and other protective requirements are met by Grantor. The use of the Easement area by Grantor shall be regulated_ by all appropriate ordinances, regulations, resolutions or laws of the governmental entity with authority over the Easement area. Grantor must notify Grantee in writing before streets, roadways, utilities or other encroachments are installed. Grantee agrees to provide a written response within 15 calendar days of receipt of such notice. Grantor may not use any part of the Easement area if such use may damage, destroy, injure, and/or interfere with the Grantee's use of the Easement area for the purposes for which the permanent easement is being sought by Grantee. Grantor is not permitted to conduct any of the following activities on the Easement area without the written permission of Grantee: (1) construct any temporary or permanent building or site improvements, other than streets and roads; (2) drill or operate any well; (3) remove soil or change the grade or slope (except for necessary repairs to the levee system and existing drainage system); (4) impound surface water; or (5) plant trees or landscaping. Grantee agrees to provide a written response to Grantor within 15 calendar days of receipt of the notice. Grantor further agrees that no above or below ground obstruction that may interfere with the purposes for which this Easement is being acquired may be placed, erected, installed or permitted upon the Easement area without the written permission of Grantee. Grantee shall bury its pipeline to a minimum depth of thirty-six (36) feet in the area PROJECT: Lone Star NGL Pipeline LP TRACT NUMBER: TX -JE -079.310 COUNTY: Jefferson County, Texas of the Grantor's sediment ponds (including the Cattail Marsh Wetlands) where the'pipeline will be installed via HDD and to a minimum cover of 48" elsewhere. The conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted Exceptions"). This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement unto said Grantee, its successors and assigns, so long as the same shall be used for the purposes aforesaid, and Grantee hereby agrees to pay any damages, including, but not limited to, any environmental harm which may arise from the use of said premises for such purposes. EXECUTED this day of 92019. [signature pages to follow] PROJECT: Lone Star NGL. Pipeline LP TRACT NUMBER: TX -JE -079.310 COUNTY: Jefferson County, Texas GRANTOR: CITY OF BEAUMONT By: Printed Name: Kyle Hales Title: City Manager STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENT BEFORE ME, the undersigned authority, on this day personally appeared Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such municipal corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this_ day of , 2019. GRANTEE: LONE STAR NGL PIPELINE LP By: LONE STAR NGL ASSET GP LLC Its general partner " Co ose, V" a resi ent of nd & Right Way ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF HARRIS Notary Public, State of Texas This instrument was acknowledged before me on �LA A Sk I , 2019 by Robert Rose in the capacity of Vice President of Land and Rig11t of Way, of Lone Star NGL Asset GP LLC, in its capacity as general partner of Lone Star NGL Pipeline LP, a Delaware limited partnership, on behalf of said limited partnership. a>"' e� CYNTHIA SANCHEZ AMRON z Notary 10 "2700786 - My Commission Expires ota PubW, , S t O exas rr Al: ' March 25, 2023 Please Return To: Lone Star NG L Pipeline LP PO Box 122 Crosby, TX 77532-0122 TX -JE -079.310 -LONE STAR STATE OF TEXAS COUNTY OF JEFFERSON EXHIBIT "A" SURVEY LINE DESCRIPTION OF A PROPOSED 30 -FOOT WIDE PIPELINE EASEMENT ACROSS THE CITY OF BEAUMONT PROPERTY The survey line description of proposed 30 -foot wide pipeline easement, situated in the C. Hillebrandt League, Abstract No. 28, Jefferson County, Texas, being upon, over, through and across the residue of the City of Beaumont, called 2,183.50 acre tract of land described by an instrument recorded under Instrument No. 9003030 of the Official Public Records of Jefferson County, Texas (O.P.R.J.C.T.), the side lines of said pipeline easement shall be located 15 -foot each side of; parallel and adjacent to said survey line and shall be extended or shortened to intersect at angle points and grantor's boundary lines, said survey line being more particularly described as follows: Bearings shown hereon are referenced to the Texas State Plane Coordinate System, South Central Zone 4204, NAD83. Distances hereon are grid and may be converted to surface by dividing by a combined scale factor of 0.999923423. COMMENCING at a 1 -1/2 -inch iron pipe found marking the northeast interior corner of said 2,183.50 acre tract; THENCE South 64009'54" West, a distance of 6,005.45 feet to the POINT OF BEGINNING of the herein described survey line, on the west line of said 2,183.50 acre tract and the east line of the City of Beaumont, called 500 acre tract of land described by an instrument recorded in Volume 278, Page 374, ofthe Deed Records ofJefferson County, Texas (D.R.J.C.T.); THENCE South 82125'43" East, a distance of 4,857.59 feet to a point; THENCE South 82134'49" East, a distance of 2,300.47 feet to the POINT OF TERMINUS of the herein described survey line on the east line of said 2,183.50 acre tract and the west line of the B.E. Quinn III, et at called 83.74 acre tract of land described by an instrument recorded under Document No. 2012037631 and Document No. 2019005603 both of the O.P.R.J.C.T., from which a 1 -inch iron pipe found, marking the most easterly northeast comer of said 2,183.50 acre tract, bears North 03°23'49" West, a distance of 3,630.61 feet. The total length of the herein described survey line is 7,158.06 feet or 433.82 rods, said pipeline easement containing an area of 4.930 acres (214,742 square feet) of land and the temporary workspaces containing a total area of 4.699 acres (204,675 square feet) of land. Said survey line, proposed 30 -foot wide pipeline easement and temporary workspaces are illustrated on Exhibit "Bl" and "B2" dated 05/08/19 Drawing Number 13085 -01 -TX -JE -079.310 -LONE STAR.DWG., "Rev 2% MORRIS P. HEBERT, INC. 10101 SOUTHWEST FREEWAY, SUITE 620 HOUSTON, TEXAS77md (713) 219-1470 FIRM NO. 10142100 QL`ta. S—.. A --4c Philip G.'Nolan Registered Professional Land Surveyor Texas Registration No. 6061 Sheet 1 of 3 1) C_7X-_JE-Q7ZQQQ ) 2"j BuuMONr — 278, P0. 371 D.R.J.C, 3 CA= .500 ACRES magm "B1" P.O.B. —� SYMBOLS LEGEND Found Property comer (1) Easement comer O Underground _ ferelgr Top of Bank e -a-..-.. . ABBREVIATIONS LGEND P.O.C. POM OF COMMENCING P.O.B. POW{ OF BEGINNING f' P.O.T. POINT OF TERMINUS ESM'T Easement O.P.R.J.C.T. Official Public Records of JUfemon County, Texas J.C.C.F. No. Jefferson County Clerk's Flo Number D.R.J.C.T. Dead Records of Jefferson County, Taxes ' onkara. •f1a11MAPA1 anon • �� wsrr' o -ml FAX 1lorria P. HeblsttT Igo. -BousrorrPA ubtnx.r.tefnar•nyM.rxh'pt uemx!.mun batf.res calor5"r�e1W lrava7— u. JEFFERSON COUNTY, TEXAS C• JEZMRMT LSAGUR A-28 P.O.C.— FND. 1-1/2' IRON PIPE ,•; FND. 1' IRON PIPE INST. CYO3B30UMR.J.C.T. _ y' THE RESIDUE OF A Ash CALLED 2,183.50 ACRES a" s / SURVEY LINE PROP. 30' WIDE PA ESM'T / (SEE DETAIL "B") / (EXHIBIT B2 SHEET 3 OF 3) 8225'x3" SEE DETAIL "A".,"� (EXHIBIT 82 SHEET 3 OF 3) 1000' 0 1000' SCALE IN FEET Lone Star NGL Pipeline LP E**3IT OF A PROPOSED PIPELINE EASEMENT ACROSS COY OF BEAUMONT PROPERTY JEFFERSON COUNTY, TEXAS SURVA-, JNE PR)M VICIMTY MAP (1"=2 miles) Doc DOC. 2 105/08119 1 REVISED ROUTE — IFA N0. DATE I REVISION DRAWN BY NM SHEET: 2.OF 3 CHECKED BY. PGN ' SCALE : AS SHOWN APPROVED BY: PGN DATE: 11/27/18' CAD FILE: 13085-01—TX—JE-079.310—LONE STAR.DWG DETAIL "A" (NOT TO SCA%, DETAIL "B" (NOT TO SCALEI EI-]PROPOSED 30' VAI LENGTH P/L FASEMENT 7tt TBAPORW WORKSPACES J 1-4 SURVEY LINE P.O.C.— LENGTH 7,158.06 L.F./433.02 RODS RIGHT OF WAY LAND USE IRON PIPE 30' WIDE PIPELINE ESM'T 214,742 SO. FT./4.930 ACRES TEMP. WORKSPACE 1 559 SO. FT./0.013 ACRES TEMP. WORKSPACE 2 6,464 SO. FT./0.148 ACRES TEMP. WORKSPACE 3 157.633 SO. FT./3.619 ACRES TEMP. WORKSPACE 4 40,019 SO. FT./0.919 ACRES TOTAL T.W.S. 204,675 50. FT./4.699 ACRES SXBiBIT "BS" (EBB IT "Bl" FOR PLAN VW) GENERAL NOTES : Dlsstahereon mwn egrid aand mry encedmateni t sTexas urface rfice by dividiinil by 1 comtilnSed scale th factotral Zone o 0.19999 3423 2. This exhibit was prepared without the beeeRl of a commitrnent for tide insurance; therefore; casements ofrccand may exist and are not ahovm bcmom The ownerahip information of the suy�cel and ad o' ' g traeb, shown hexon, provided by Contract land Staff, LLC. No additional research has been perfo=l- Motris�. Nmebat, Inc 3. An on -the -ground effort has been arde to locate and Indledeall cables, p1pedu0, utilidea etc crossed by the proposed PmJccr however, duet the htherem limitation ofeleetronic magnetic locating equipment, Morris P. Hcbci% Inc, isnot rapoosible for may not located during the course of the survey. ll 1s not within the scope of this exhibit t locate all buried Utility 1100 on this property, not all improvements shown hereon. 4. A separate metes and bounds description titled Exhibit "A" eccompanieS this plat Lone Star NGL Pipeline LP EXHIBIT' OF A PROPOSED PIPELINE EASEMENT ACROSS CITY OF BEAUMONT PROPERTY JEFFERSON COUNTY, TEXAS PROPERTY DETAIL Philip B. Nolan Registered Professional Land Surveyor Texas Registration No. 8081 IPE 2 105/08/19 1 P.O.C.— Nes. I DATE I FND. 1-1/2' DRAWN BY: NM IRON PIPE CHECKED BY: NM IND. i APPROVED BY: PGN IRON P �_ A P.O.B. SURVEY LINE PROP. 30' E9s'T PROPERTY DETAIL Philip B. Nolan Registered Professional Land Surveyor Texas Registration No. 8081 IPE 2 105/08/19 1 REVISED ROUTE — IFA Nes. I DATE I REVISION DRAWN BY: NM SHEET: 3 OF 3 CHECKED BY: NM SCALE : AS SHOWN APPROVED BY: PGN DATE: 11/29/18 CAD FILE: 13085-01—TX—JE-079.310—LONE STAR.DWG Payment Statement Tract Number: TX -JE -079.310 Landowner Name(s): City of Beaumont Orbit Lone Star Total Payment for Right Of Way Total Payment for Anticipated Damages Description of Anticipated Damages . $433,820.00 Total Payment for Right Of Way Total Payment for Access Roads Total Payment for Surface Site Total Payment for ATWS Landowner Landowner $433,P20;. Total Payment Amount Date Date Right of Way Agent Date PROJECT: Lone Star NGL Pipeline LP TRACT NUMBER: TX -JE -077.000 COUNTY: Jefferson County, Texas STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS: PIPELINE EASEMENT For and in consideration of Ten Dollars and other good and valuable considerations in hand paid, the receipt of which is hereby acknowledged, the CITY OF BEAUMONT, hereinafter called Grantor, hereby grants and conveys unto LONE STAR NGL PIPELINE LP, a Delaware limited partnership with its mailing address at 1300 Main Street, Houston, Texas 77002, its successors and assigns, hereinafter called Grantee, a thirty (30) foot wide easement (the "Easement") to construct, alter, and maintain pipeline and related appurtenances on the hereinafter described land which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit A, attached and made a part hereof for all purposes (the "Easement Area"). The Easement herein granted shall be used to construct, lay, maintain, operate, alter, repair, remove, reconstruct, change the size of, replace and abandon a pipeline and any and all necessary or useful appurtenances thereto, including but not limited to fittings, tie -overs, valves, corrosion control equipment, communication equipment and other apparatus above or below ground, for the transportation of oil, gas, petroleum products or any other liquids, gases, or substances which can be transported through pipelines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that Grantee shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the business operations on the Grantor's adjacent property and!or Grantor's ingress and egress thereto. Grantee understands the pipeline easement is restricted to allow only one pipeline within the Easement Area. Grantee shall not assign or grant rights to another party to lay an additional pipeline within the Easement Area. In addition to the pipeline easement rights granted therein, Grantor further grants Grantee an additional temporary easement 70 feet in combined width adjoining the full length of the permanent easement granted herein, and such other additional work space to be used as working Exhibit 2 PROJECT: Lone Star NGL Pipeline LP TRACT NUMBER: TX -JE -077.000 COUNTY: Jefferson County, Texas space by Grantee during and for the consideration and installation of the pipeline and any appurtenant facilities. The temporary easement will become null and void at the completion of the project. Grantee will promptly prepare any and all damage done to the Easement area caused by Grantee's use. Grantees must use the Easement area and access road solely for the purposes specified. Grantee will not hunt or fish on any of Grantor's property. Grantee agrees to bury, at the time of construction, the pipeline (exclusive of appurtenances customarily located above ground) to a depth of at least thirty-six (36) feet in the area of the Grantor's sediment ponds (including the Cattail Marsh Wetlands) where the pipeline will be installed via HDD and to a minimum cover of 48" elsewhere, so as not to interfere with the normal cultivation of the soil. Grantee agrees to pay such damages which may arise to any improvements on the property from the construction of said line and appurtenances and to pay such damages which may rise from the maintenance, alteration, repair, removal, reconstruction, use, or replacement of the pipeline. INDEMNITY GRANTEE AGREES TO INDEMNIFY AND HOLD GRANTOR HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR DAMAGES, OR EXPENSES OF WHATSOEVER CHARACTER, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR ENVIRONMENTAL DAMAGES OR RELEASE WHICH MAY BE ASSERTED, INSTITUTED OR RENDERED AGAINST GRANTOR ARISING OUT OF OR IN ANY MANNER CAUSED BY OPERATIONS CONDUCTED HEREUNDER BY GRANTEE, ITS AGENTS, ASSIGNS, EMPLOYEES, OR CONTRACTORS. SUCH INDEMNIFICATION SHALL INCLUDE REASONABLE ATTORNEY'S FEES OR EXPENSES INCURRED BY GRANTOR WITH REFERENCE TO SUCH CLAIMS, SUITS OR DAMAGES. Should Grantee install pipelines under the terms hereunder, and thereafter abandon and fail to use said pipelines for a period of one year, Grantee agrees upon request by Grantor to remove said pipe and other appurtenances and to restore the premises to their original condition, and the easement hereby granted shall terminate and revert to Grantor. After the installation of the pipeline hereunder, Grantee shall restore the surface of the land to substantially the same condition as it was prior to the commencement of such installation PROJECT: Lone Star NGL Pipeline LP TRACT NUMBER: TX -JE -077:000 COUNTY: Jefferson County, Texas and without limitation, Grantee shall level and grade the land so that drainage to, on or from said easement shall not be impaired as a result of said installation. Grantor may use the Easement area for any and all purposes not inconsistent with the purposes set forth in this Easement. Grantor's uses may include but shall not be limited to using the Easement area for agricultural, open space, set -back, density, street and roadway purposes. Grantor is permitted, after review by Grantee, to construct any and all streets and roadways, at any angle of not less than forty-five (45) degrees to Grantee's pipelines, across the Easement area which do not damage, destroy or alter the operation of the pipelines and its appurtenant facilities. Grantor may also construct and/or install water, sewer, gas, electric, cable TV, telephone or other utility lines across the Easement area at any angle of not less than forty-five (45) degrees to Grantee's pipelines, provided that all of Grantee's required and applicable spacings, including depth separation limits and other protective requirements are met by Grantor. The use of the Easement area by Grantor shall be regulated by all appropriate ordinances, regulations, resolutions or laws of the governmental entity with authority over the Easement area. Grantor must notify Grantee in writing before streets, roadways, utilities or other encroachments are installed. Grantee agrees to provide a written response within 15 calendar days of receipt of such notice. Grantor may not use any part of the Easement area if such use may damage, destroy, injure, and/or interfere with the Grantee's use of the Easement area for the purposes for which the permanent easement is being sought by Grantee. Grantor is not permitted to conduct any of the following activities on the Easement area without the written permission of Grantee: (1) construct any temporary or permanent building or site improvements, other than streets and roads; (2) drill or operate any well; (3) remove soil or change the grade or slope (except for necessary repairs to the levee system and existing drainage system); (4) impound surface water; or (5) plant trees or landscaping. Grantee agrees to provide a written response to Grantor within 15 calendar days of receipt of the notice. Grantor further agrees that no above or below ground obstruction that may interfere with the purposes for which this Easement is being acquired may be placed, erected, installed or permitted upon the Easement area without the written permission of Grantee. Grantee shall bury its pipeline to a minimum depth of thirty-six (36) feet in the area PROJECT: Lone Star NGL Pipeline LP TRACT NUMBER: TX -:JE -077.000 COUNTY: Jefferson County, Texas of the Grantor's sediment ponds (including the Cattail Marsh Wetlands) where the pipeline will be installed via HDD and to a minimum cover of 48" elsewhere. The conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson '(collectively, the "Permitted Exceptions"). This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement unto said Grantee, its successors and assigns, so long as the same shall be used for the purposes aforesaid, and Grantee hereby agrees to pay any damages, including, but not limited to, any environmental harm which may arise from the use of said premises for such purposes. EXECUTED this day of , 2019. %!A - [signature pages to follow] PROJECT: Lone Star NGL Pipeline LP TRACT NUMBER: TX -JE -077.000 COUNTY: Jefferson County, Texas GRANTOR: CITY OF BEAUMONT By: Printed Name: Kyle Hayes Title: City Manama STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENT BEFORE ME, the undersigned authority, on this day personally appeared Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such municipal corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of , 2019. GRANTEE: LONE STAR NGL PIPELINE LP By: LONE STAR NGL ASSET GP LLC Its general partner Robert Rose ice P esident of nd & Rtb t of Way ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF HARRIS Notary Public, State of Texas This instrument was acknowledged before me on A. W, ;a I , 2019 by Robert Rose in the capacity of Vice President of Land and lZight of Way, of Lone Star NGL Asset GP LLC, in its capacity as general partner of Lone Star NGL Pipeline LP, a Delaware limited partnership, on behalf of said limited partnership. ------------ CYNTHIA SANCHEZ AMRON Notary 10 #2700786 :- My Commission Expires 'e pr •sT March 25. 2023 Please Return To: Lone Star NGL Pipeline LP PO Box 122 Crosby, TX 77532-0122 1 Notary Public, Sta as TX -JE -077.000 -LONE STAR STATE OF TEXAS COUNTY OF JEFFERSON EXHIBIT "A" SURVEY LINE DESCRIPTION OF A PROPOSED 30 -FOOT WIDE PIPELINE EASEMENT ACROSS THE CITY OF BEAUMONT PROPERTY The survey line description of proposed 30 -foot wide pipeline easement, situated in the Samuel Stivers League, Abstract No. 51, Jefferson County, Texas, being upon, over, through and across the City of Beaumont called 500 acre tract of land described by an instrument recorded in Volume 278, Page 374, of the Deed Records of Jefferson County, Texas (D.R.J.C.T.), the side lines of said pipeline easement shall be located 15 -foot each side of, parallel and adjacent to said survey line and shall be extended or shortened to intersect at angle points and grantor's boundary lines, said survey line being more particularly described as follows: Bearings shown hereon are referenced to the Texas State Plane Coordinate System, South Central Zone 4204, NAD83. Distances hereon are grid and may be converted to surface by dividing by a combined scale factor of 0.999923423. COMMENCING at a 1/2 -inch iron rod found marking a southern comer ofthe residue ofthe Tytex Properties, Ltd., called 853.48 acre tract of land described by an instrument recorded in Volume 2358, Page 8 ofthe D.R.J.C.T.; THENCE North 68°28'00" East, a distance of 2,946.39 feet to the POINT OF BEGINNING ofthe heroin described survey line, on the east line of the Devin Miller and Dekaylea Richard called 8388 acre tract of land described by an instrument recorded under Document No. 2018018935 of the Official Public Records of Jefferson County, Texas (O.P.R.J.C.T.) and the west line of said 500 acre tract; THENCE South 82°25'43" East, a distance of 2,968.96 feet to the POINT OF TERMINUS ofthe heroin described survey line on the east line of said 500 acre tract and the west line ofthe residue ofthe City of Beaumont, called 2,183.50 acre tract of land described by an instrument recorded under Instrument No. 9003030 ofthe O.P.R.J.C.T. from which a 1/2 -inch iron rod found marking the north comer of said 8388 acre tract bears North 60°41'57" West, a distance of 3,221.54 feet. The total length ofthe herein described survey line is 2,968.96 feet or 179.94 rods, said pipeline easement containing an area of 2.045 acres (89,069 square feet) of land and the temporary workspaces containing a total area of 4.782 acres (208,339 square feet) of land. Said survey line, proposed 30 -foot wide pipeline easement and temporary workspaces are illustrated on Exhibit "Bl" and 'W" dated 4/02/2019 Drawing Number 13085 -0I -TX -JE -077.000 -LONE STAR.DWG., "Rev 1". MORRIS P. HEBERT, INC. 10101 SOUTHWEST FREEWAY, SUITE 620 HOUSTON, TEXAS 77074 (713)219-1470 FIRM NO. 10142100 PhilipGalan Registered Professional Land Surveyor Texas Registration No, 6061 Sheet 1 of 3 ---`�JEPPERSON COUNTY, TEXAS SAUM SFIVBRS LSAGVR, A•-61 N IN, TX- 068.3-aTi \ \ DFUN Wil 1 FR AND TYTFY PROP RTIES, 7D. \ Dr KA CA RICHARD VOL. 2350, PG. 8 D.R.J.C.T. DOC. No. 2016016035 O.P.R.J.C.T. THE RESIDUE OF A \ CALLED &38B ACRES CALLED 853.48 ACRES EXMIT "Ht" SYMBOLS LEGEND i t i Found Property carnar 0 Easement corner O Underground foreign P/L 1"SUBJECT'' ABBREVIATION P.O.C. F, ND POINT OF COMMENCING P.O.B. POINT OF BEGINNING P.O.T. POINT OF TERMINUS ESM'T Easement O.P.R.J.C.T. Official Public Records of Jefferson County, Texas J.C.C.F. No. Jefferson County Clarke File Number D.R.J.C.T. Coed Records of Jeffarson County, Texas Morris P. Hebert Ino Iola[ RLILS•[rn.r(rr.<•(mroryrlII{lfFM[X •la •frM(.•^I' / 5sy0�/ N/ IRON ROD CITY OF 13EAUMONT VOL, 278, PG. 374 D.R.J.C.T. CALLED 500 ACRES 1/2' IRON ROD SURVEY i t i !INE PROP.rf ` r 30' ESM'T iWALpu�. 1"SUBJECT'' 1 'PROPERTY \B�'•W SURVEY UNE PROP. 30' VICINITY MAP WIDE PA ESM -T (1"=2 miles) \Z-(EXHIBIT (SEE DETAIL "A") B2 SHEET 3 OF 3) [—TX-JE'--07INST. N0. 9003030 O.P.R.J.C.T. THE RESIDUE OF A 6 \ P.O.T. CALLED 2.183.50 ACRES 800' 0 800' 1 SCALE IN FEET 1 4 02 19 REVISED ROUTE -IFA NO. DATE REVISION Lone Star NGL Pipeline LP DRAWN BY: NM SHEET: 2 OF 3 CHECKED BY: PGN SCALE : AS SHOWN EXHl8R OF A PROPOSED PIPELINE EASEMENT ACROSS Cf1Y OF BEAUMONT PROPERTY APPROVED BY: PGN DATE: 11/28/18 JEFFERSON COUNTY. TEXAS CAD -FILE: 13085 -01 -7X -JE -077.000 -LONE STAR.DWG DETAIL r'A" (NOT TO SCALE) SURVEY LINE LENGTH RIGHT OF WAY LAND USE 30' WIDE PIPELINE ESM'T 2,968.96 L.F./179.94 RODS 89,069 SQ. FT./2.045 ACRES TEMP. WORKSPACE 1 14,830 SQ. FT./0.340 ACRES TEMP. WORKSPACE 2 193.509 SQ. FT./4.442 ACRES TOTAL T.W.S. 208,339 SQ. FT./4.782 ACRES EXBIBIT "B2" (SEE EXEUBIT "El" FOR PLAN VIEW) / JEMP WORK& i � � �� �i �.�� �• � !moi i l FND. CONCRETE MONUMENT j (ORIOQUL NE SU80. CORNER) I END. I/2' IRON ROD SURVEY UNE \ PROP. 30' ESM'T P.O.G— FND. 1/2' P.O.B. P.O.T. IRON ROD i PROPERTY DETAIL GENERAL NOTES : 1. Bearings shown hacon arc referenced W Texas S41e Plane Coordinate System, South Central Zone 4201, NAD83. D'utances hereon are grid end may be conveAed to surface by dividing by a combined stele factor of 0.999923423. 2. This exhibit was prepared without the benefit ofit commitment for title insurance; therefore, easements of record may exist and ore not shown hereon. The ownership infumnItion of the subl'cel and ad'ofning traps, shown hereon, provided by Contract Land Staff, I. No addilloml research has been perfam¢d by Morris. He e", loc. 3. An on -the -ground effort has been made to locate and indicate all cables, pipelines, utilities, eic. crossed by the proposed project; however, due to the inherent limitations of eleotronicmagnetic locating equipmonl, Morris P. Hebert, Inc. is not responsible for my not located during the course of the survey. It is not within the scope of this exhibit to locate all buried utility lines on this property, not all improvements shown hereon. 4-A Separate metes and bounds description sided Exhibit "A' accompanies this plat. L— Lone Star NGL Pipeline LP I EXHIBIT OF A PROPOSED PIPELINE EASEMENT ACROSS CITY OF BEAUMONT PROPERTY JEFFERSON COUNTY, TEXAS Regfstered Professional Land Surveyor Texas Registratlon No. 6061 1 1 4/02/19 REVISED ROUT — IFA N0. I DATE I REVISION DRAWN BY: NM SHEET: 3 OF 3 CHECKED BY: PCN SCALE : AS SHOWN APPROVED BY: PGN DATE: 11/28/18. CAD FILE: 13085-01—TX—JE-077.000—LONE STAR.DWG PROPOSED 30' WIDE P/L EASEMENT ETEMPORARY WORKSPACES I h 2 SURVEY LINE LENGTH RIGHT OF WAY LAND USE 30' WIDE PIPELINE ESM'T 2,968.96 L.F./179.94 RODS 89,069 SQ. FT./2.045 ACRES TEMP. WORKSPACE 1 14,830 SQ. FT./0.340 ACRES TEMP. WORKSPACE 2 193.509 SQ. FT./4.442 ACRES TOTAL T.W.S. 208,339 SQ. FT./4.782 ACRES EXBIBIT "B2" (SEE EXEUBIT "El" FOR PLAN VIEW) / JEMP WORK& i � � �� �i �.�� �• � !moi i l FND. CONCRETE MONUMENT j (ORIOQUL NE SU80. CORNER) I END. I/2' IRON ROD SURVEY UNE \ PROP. 30' ESM'T P.O.G— FND. 1/2' P.O.B. P.O.T. IRON ROD i PROPERTY DETAIL GENERAL NOTES : 1. Bearings shown hacon arc referenced W Texas S41e Plane Coordinate System, South Central Zone 4201, NAD83. D'utances hereon are grid end may be conveAed to surface by dividing by a combined stele factor of 0.999923423. 2. This exhibit was prepared without the benefit ofit commitment for title insurance; therefore, easements of record may exist and ore not shown hereon. The ownership infumnItion of the subl'cel and ad'ofning traps, shown hereon, provided by Contract Land Staff, I. No addilloml research has been perfam¢d by Morris. He e", loc. 3. An on -the -ground effort has been made to locate and indicate all cables, pipelines, utilities, eic. crossed by the proposed project; however, due to the inherent limitations of eleotronicmagnetic locating equipmonl, Morris P. Hebert, Inc. is not responsible for my not located during the course of the survey. It is not within the scope of this exhibit to locate all buried utility lines on this property, not all improvements shown hereon. 4-A Separate metes and bounds description sided Exhibit "A' accompanies this plat. L— Lone Star NGL Pipeline LP I EXHIBIT OF A PROPOSED PIPELINE EASEMENT ACROSS CITY OF BEAUMONT PROPERTY JEFFERSON COUNTY, TEXAS Regfstered Professional Land Surveyor Texas Registratlon No. 6061 1 1 4/02/19 REVISED ROUT — IFA N0. I DATE I REVISION DRAWN BY: NM SHEET: 3 OF 3 CHECKED BY: PCN SCALE : AS SHOWN APPROVED BY: PGN DATE: 11/28/18. CAD FILE: 13085-01—TX—JE-077.000—LONE STAR.DWG Payment Statement (Tract Number: TX -JE -077.000 Landowner Name(s): City of Beaumont Orbit Lone Star Total Payment for Right Of Way Total Payment for Anticipated Damages Description of Anticipated Damages Total Payment for Access Roads Total Payment for Surface Site Total Payment for ATWS $1,79,940,.00:' Total Payment Amount Landowner Date Landowner Date Right of Way Agent Date t JCJ S.DOD-y)W.JE-0 900T�E1J7 2 0 a "PT0CJE079�00 � ` �0'O` ` If s!•� _ TJC.JE 083�OOD 4 �� TX-JE 092.900. 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O 2018 MicrosoftO 2018 D• ••' @CNES (2018) Distribution Airbus DS, @ 18 HERE Powered By ESRI Al Vv A■ c BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: August 27, 2019 REQUESTED ACTION: Council consider a resolution authorizing a Pipeline License Agreement with Orbit Gulf Coast NGL Exports, LLC. BACKGROUND Orbit Gulf Coast NGL Exports, LLC has requested permission to install a 20" pipeline and a 16" pipeline to transport ethane. The 20" pipeline will cross a 20" water line along South Major Drive, a 20" water line along Interstate 10, an 8" water line and a 10" sewer line in Ford Park, an 8" water line and two 10" sewer lines along Highway 124, a 21" sewer line and an 8" water line along Tyrrell Park Road and an 18" water line and a 12" force main sewer line along Hebert Road. The pipeline will be constructed in accordance with City requirements. There is a one-time fee of $500 for each Pipeline License Agreement. 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 grant a Pipeline License Agreement to Orbit Gulf Coast NGL Exports, LLC, substantially in the form attached hereto as Exhibit 'A," to install a twenty inch (20") ethane transport pipeline and a sixteen inch (16") ethane transport pipeline. The twenty inch (20") pipeline will cross a twenty inch (20") water line along South Major Drive, a twenty inch (20") water line along Interstate 10, an eight inch (8") water line and a ten inch (10") sewer line in Ford Park, an eight inch (8") water line and two (2) ten inch (10") sewer lines along Highway 124, a twenty-one inch (21") sewer line and an eight inch (8") water line along Tyrrell Park Road and an eighteen inch (18") water line and a twelve inch (12") force main sewer line along Hebert Road for the purpose of transporting ethane. Said pipelines are to be constructed in compliance with City requirements. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of August, 2019. - Mayor Becky Ames - CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: ORBIT GULF COAST NGL EXPORTS, LLC Business Phone: ( 713 )__289-2864 Business Address: 1300 Main Street, Houston, TX 77002 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein hereby grants to ORBIT GULF COAST NGL EXPORTS, LLC 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) Tyrrell Park Road 1 EXHIBIT "A" 71 Feet OST OF`LICENSE: 'Licensee shall make a meat o the, Ci __ of Beaumont. as follow_s': License Agreement fee$500:0 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: • 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. • 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 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 sewer lines, water lines, or other utilities. 2 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 Engineering Division and/or the Texas Department of Transportation. • Operations along roadways shall be performed in such a manner 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. • 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. • 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. • 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. • Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. • Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. • 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) • 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. • 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. • 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. • 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) • 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 Property Damage: $1,000,000.00 0 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. • 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 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. • 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 R.O.W.: • 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. R 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. • 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. • 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. Co NOTIFICATION/INSPECTION: • 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. • 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 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 (3 0) 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: Orbit Gulf Coast NGL Exports, LLC P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: 1300 Main Street Attn: City Manager City and State of Licensee:Houston, TX 77002 7 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. 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 CITY OF BEAUMONT, TEXAS 0.0 ATTEST: City Clerk Kyle Hayes, City Manager ORBIT GULF COAST NGL EXPORTS, LLC and Right of Way 0* ATTEST: By: Secretary CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS GRAPHIC SCALE (MILES) 2 1 0 2 4 OIJM Loaiom: 0 04/25/19 ISSUED FOR PERMIT ACOUISMON RA NOUMAFACO.— Y� t, t� 8t3 L-ki 70 MO REVISION i i "" �Aw • y9-37 1a )LNJ.87& 00� NO. DATE By[rA. � . _ — 101S h%V FAX YMy.S,it053 1 _ t 1 — _-HOUSIONF.A0LIFY• 10101 Somh lVW Frteway, Sui¢ 681 ORBIT GULF COAST NGL EXPORTS, LLC i Morris P. Heber4 Ina ]1}319-Ii70 H�.TFAX ]I�7,o7, }219-I<71 surveying & engineering hnF.,--Pld-- AERIAL ROUTE MAP PROPOSED ORBIT 20" ETHANE PIPELINE CITY OF BEAUMONT CROSSINGS CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS J DRAWN BY- DA SHEET: 1 OF 7 CHECKED BY: JAG SCALE: AS—SHOWN APPROVED BY: DATE: 04/08/19 DRAWING NO.: 13085 — 40551 i I JEFFERSON COUNTY, TEXAS HT&B RR CO SURVEY, A-566/ STIVERS S. SURVEY, A-51 S. MAJOR 1 o GUARD I �1111 p� Y IDRIVE f 15" SUNOCO PIPELINE 1 1111��CATTLE 1 "=40' J I 1 �N1 4" RISER O J < ! PROP. LONE STAR 20" PROPANE PIPELINE 1 1 I EEX ONSHORE DIVISION P/L l f 20 ! 1 1 a' 1 J 19' 5,j 0+00 1', 1+00 J f ! 2+00 i f o J 1 1 IL PROP. ORBIT 20" �W ! w gl ETHANE PIPELINE POINT OF ENTRY I j I o 0 2 POINT OF EXIT N:13949494.69 = 0 1 J o �J J� r N:13949527.72 E: 3490466.52 v ,a,' 1 b a o C w E: 3490623.21 LAT: N030'01'09.62" Z p p J M I Z LAT: N030*01'09.88" LONG: W094'11'22.19"w w a o O o w "_ ! o J J v - 3� -' LONG: W09411'20.39" f 1 1-�� d rc� w l� 1 w �r lie MINI ir UTILITIES SHOWN PER BEAUMONT CITY UTILITY MAPS Sc1426 & Wa426 PLAN PIPELINE TO BE INSTALLED BY HORIZONTAL DIRECTIONAL DRILL METHOD (SCALE: 1'=ao') PROFILE (HORZ. SCALE: 1"-40') (VERT. SCALE: 1"-40') 01lia1muom: 0 1 04/25/19 1 ISSUED FOR PERMIT ACQUISITIONRq NOUMAFACwn- �� v "� S7 H"voq LFs.,.,-7 NO. . DATE REVISION BY i i f Al jS vasx7vn7 FAxvxsne& M2 /1w -HOUS[ON F.ACLRY- ORBIT GULF COAST NGL EXPORTS, LLC UU 19.14Wal X.713-219-1710 MOPT%3 P /i@beP/� Ina 11-T,1170 1 n7-z�v-uro FAX: n7-ziv-i:�1 surveying & engineering^�^ PLAN & PROFILE PROPOSED ORBIT 20" ETHANE PIPELINE 20" WATER LINE CROSSING AT S MAJOR DR CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY- DA SHEEP: 2 OF 7 c JAG SCALE: 1 "=40' APPROVED BY- DATE: w Z x Q K o < W = x z w o o .I-jw ZJa w N o o w ;7 moo= `\ CO U o W U w w z 'bo � � W � N� w tao ] 00 o 'f n O p M+ + ^ +o t t + 4D 40 1 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 20 . . . . . . . . . i . . . . . . . . . . . . .S. MAJOR DR. . . . . . . . . . . . . . 20 NAT. GROUNDNAT. GROUND 10 - .\i . . . . . . . . . . . \ i\ \y��\� 10 26' CLR. 15' COV. 0 . . . . . . . . . 25' COV.. . . . . . . . . . . . . . . . . . 0 —10 . . . . . . . . . . . . . .±10' CLR. I —10 -20 PROP. LONE STAR 20" • . . . . . . . . . . . . • . . . . • • - -20 PROPANE PIPELINE — -30 _ �— PROP. ORBIT 20" _ _30 ETHANE PIPELINE —40 —40 —0+50 0+00 0+50 1+00 1+50 2+00 PROFILE (HORZ. SCALE: 1"-40') (VERT. SCALE: 1"-40') 01lia1muom: 0 1 04/25/19 1 ISSUED FOR PERMIT ACQUISITIONRq NOUMAFACwn- �� v "� S7 H"voq LFs.,.,-7 NO. . DATE REVISION BY i i f Al jS vasx7vn7 FAxvxsne& M2 /1w -HOUS[ON F.ACLRY- ORBIT GULF COAST NGL EXPORTS, LLC UU 19.14Wal X.713-219-1710 MOPT%3 P /i@beP/� Ina 11-T,1170 1 n7-z�v-uro FAX: n7-ziv-i:�1 surveying & engineering^�^ PLAN & PROFILE PROPOSED ORBIT 20" ETHANE PIPELINE 20" WATER LINE CROSSING AT S MAJOR DR CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY- DA SHEEP: 2 OF 7 CHECKED BY: JAG SCALE: 1 "=40' APPROVED BY- DATE: 04/08/19 DRAWING NO.: 13085 — 40552 0 JEFFERSON COUNTY, TEXAS STIVERS S. SURVEY, A-51 II INTERSTATE 1-10 ' Co I ORfVe lll, l � wAr /// N) _ POINT OF ENTRY w O I N:13949284.65 PROP. LONE STAR 20" �y I POINT OF EXIT_—gM E:3494231.64 PROPANE PIPELINE y N: 13949133.33 LAT'NO30'01'06.00" i i o I E: 3494527.18 �l LONG: W094'10'39.49" PROP. ORBIT 20" , 'H°m / LAT'N030'01'04.39" ' ETHANE PIPELINE f I 1 LONG: W09490'36.20" WOODS { rr 5 11 I l' I I 78\ I I I I k I �I 0+00 +00 I i 2+00 " 3+00OWOODSO J 1"--60, O DATE: J DRAWING NO.: 0 c #C'.',WQLJ m 0 Q Oo O'?Q UQp_Z 2 2 w O O O 4w4 4 000 10f4l� W/C� w W w 4 4i w 4 w /C� C�11 C�1/ W W I-til-OIOW CSI W ti 19 O/�, 4FN UTILITIES SHOWN PER BEAUMONT CITY PLAN •• UTILITY MAPS Sa426 & Wa426 U (SCALE: 1'=60') Q PIPELINE TO BE INSTALLED BY Q m Q2222Q HORIZONTAL DIRECTIONAL DRILL METHOD La I I RpAD FR ,qO EDOeD F. ROAD r 5' 1 SHEET- 3 OF 7 CHECKED BY: J 1"--60, O DATE: J DRAWING NO.: 0 2 2 d' U O] ~ Q fQ Q m Q2222Q U La K (� K O !r K W !n Pt 0 0 0 U J 0 p 0 0 0 w O w O w w0wwww0W< W 2 W W W O O O OOOOw 0 000 1--09 C, \ W CD W CD w0 CDa w =3a.o W U WU O �U 12U OC�N O N LL�7 'n p00 m p M m N 10 . -Mml']mNl� -n II] Of ONI•7N p I O O O O O O + I•] + V' .+- m + m .+. Nj NNNNNNN - -d- N m1� NN 000 Mn n MMMT+ ++ MMI" 20 10 0 —40 -so 332' R -O -W NAT. GROUND � . . ' . . . . ' ' ' ' ' ' ' I NAT. GROUI I....... .... ...... ..........I: I PROP. LONE STAR 20" PROPANE PIPELINE I...... .... ...... ..........I.. ......I..........................J-1 PROP. 'ORBIT 20" . 111CLR.' 112' CLR. 112 CLR. i12` CLR. 1100' Cue.' ,V ETHANE PIPELINE . I -eo I ........ —90 _ . . . . . I . . . . . .� . . . . . . . . . . . . . . . . . . . I. 100 -0+50 0+00 0+50 1+00 1+50 2+00 PROFILE (HORZ. SCALE: 1'=60') (VERT. SCALE: 1'=60') 30 20 10 0 —10 —40 -50 -90 2+50 3+00 3+50 3+75 � OU R Ma 2.: -NOUMAFAGUTY- 0 1 04/25/19 1 ISSUED FOR PERMIT ACQUISITION RA ,vim MdW� AR9 78 cq.—Dw° «7/ / 7 /7 H—L--70760 N0. I DATE REVISION BY f A � = y/_ 1 • 986-8717771 FAX .'187&90 7 - t— - _ -HOII N F.ACILM- 10101Sa 11- 1.1-120 .1-670 ORBIT GULF COAST NGL EXPORTS, LLC 9 Morris P Hebert, Ina 71}=¢;,roFAAt11ti219.1 71 surveying & engineering h wPdS '°Iph�—^ PLAN & PROFILE PROPOSED ORBIT 20 -INCH ETHANE PIPELINE 20" WATER LINE CROSSING AT INTERSTATE 1-10 CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY: DA SHEET- 3 OF 7 CHECKED BY: JAG SCALE: 1"--60, APPROVED BY: DATE: 04/24/19 DRAWING NO.: 13085 — 40553 JEFFERSON COUNTY, TEXAS STIVERS S. SURVEY, A-51 h ¢ w s 1p° SE CIN w -Z--- " o GRASS ` E s o y o EDGE OF CO CINE BUILDING w w NCRETE g 0 y w ' PROP. LONE STAR 20" ' PROPANE PIPELINE y - 5 � � �� 000 Q� Q w � �t a � �f6+00•� -7 C31 � FORD PROP. ORBIT 20" s' 0 0 o PARKING ETHANE PIPELINE j g. w w LIGHT POLE 31 t EDGE OF ROAD o cu w w () v 3 ED ROAD y w a Co g i CE OF ROAD I UTILITIES SHOWN PER BEAUMONT CITY PLAN UTILITY MAPS Sa426 & Wa426 PIPELINE TO BE INSTALLED BY (SCALE: 1"=100') HORIZONTAL DIRECTIONAL DRILL METHOD w U �~ U 2 U U Z Z W O = Q O Q Z 2 U O O C�f U p V SSS O IyN w fA O O O 0 c-3 3 M U w w M o 8 O O O+} N n N I I 1 O+ O + —20 —40 1+00 2+00 3+00 4+00 5+00 6+00 PROFILE (HORZ. SCALE: 1'-100') (VERT. SCALE: 1--100') OUMA oma PACUffY- s 0 1 04/25/19 1 ISSUED FOR PERMIT ACQUISITION v 7a-L� 70. N0. DATE "s w � �" Ire 7owo REVISION gY i = =� = i vds-HOU NF.vasxszo Y- S=h f- '71319-11]9 FAX: 7 70 7 9-11719 ORBIT GULF COAST NGL EXPORTS, LLC Morris Hebert ina H-1470 AX 577071 surveying & engineerin 1 -p - PLAN & PROFILE PROPOSED ORBIT 20" ETHANE PIPELINE 10" SEWER LINE & 8" WATER LINE CROSSINGS AT FORD PARK CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY- DA SHEEP: 4 OF 7 CHECKED BY: JAG SCALE: AS—SHOWN APPROVED BY: DATE. 04/08/19 DRAWING NO.: 13085 — 40554 C C C e 0 m " V 0 i x A PROP. LONE STAR 20" PROPANE PIPELINE -1+00 JEFFERSON COUNTY, TEXAS STIVERS S. SURVEY, A-51 rr jl / HWY 1124 PROP. ORBIT 20" �►ve ETHANE PIPELINE (SCALE: 1"=50') a s O?) p •613 r f � r (2) 24„ CULVERTS �I r + I I Z � � J . . . . . . . . . . . . . . . .1. . . . . . . . . . . . . . . . . . . m UTILITIES SHOWN PER BEAUMONT CITY �r J UTILITY MAPS Sa426 & Wa426 U Z ==27i= 4 PIPELINE TO BE INSTALLED BY Q ZU U 0 DA SHEET: 5 O 7 (SCALE: 1"=50') a 1"=50' O?) p •613 g I � f � r (2) 24„ CULVERTS �I 1 76' �— / I 1+064 DRIV WAY 2 0+ o I / J -s / z � � i • "r fiJ � Q Q bl V2 p, S�a,.ti 2 ti ti� m 03 C" m �- ootiSo 3 ui �ooa,�oo w 0040 O V a100�00 O T O QOOpOOQ� waOOa w zm� 0oo 0 0' o e3000�oozo Ol•O C-NC��l� yNI hh PLAN HORIZONTAL DIRECTIONAL DRILL METHOD DA SHEET: 5 O 7 (SCALE: 1"=50') Z 1"=50' 211' R -O -W DATE: 20 NAT. GROUND 1 NAT. GROUND HWY. •124 . . • • • • • •I 20 10 \. \ \ I. . . . . . . .e. v . . . . . . . . . . 1 10 0. . . . . . . . . . . . . . . . .1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 0 -10 . . . . . . . . . . . . . . . J JJ J J J U Z ==27i= 4 . .I . . . . . . . . . . . . . . . . . . . Q ZU U PROPANE PIPELINE. I Q Q6 Q G< O O KIU_,UJ-FLY"�I—U- M 3 — ==d. C' 1 Z j m MM= m M � v w00�pw = CLR.. . . . . . . . . . . . N N3W f90' CLR. I -50 -� . O O 00 0 0 w > 01`1�.�. w 0 n.o0000 0 w O FIS L�OZ <o o a-_ b a o o�� o o R. p z v :e 0- o . 0 3J• =3 'bOU�U Mf -90 .. ..... ... — U r Y i0 cioo rF- w U . w C)0 �} O O ^ M 1� tN0 M a00 N N Imo.--dOD N m 00.--��N N O In I� 1� I�iO a0 1�� p�p> O� O O O 00 O O O O f-+++++ + + + .�pf ++++ NN 30 DA SHEET: 5 O 7 .- 30 JAG SCALE: 1"=50' 211' R -O -W DATE: 20 NAT. GROUND 1 NAT. GROUND HWY. •124 . . • • • • • •I 20 10 \. \ \ I. . . . . . . .e. v . . . . . . . . . . 1 10 0. . . . . . . . . . . . . . . . .1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 0 -10 . . . . . . . . . . . . . . . . .i. . . . . . . . . . . . . . . . . . . . . . . . . . . . . -10 -20 . . . PROP. LONE STAR 20". . .I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I -20 PROPANE PIPELINE. I -30 . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . . . . . . .I -30 -40 — 1 — — -40 -50 ±100' CLR.. . . . . . . . . . . . . . I •109' COV.. . . . . . . . . . . . . . . . f90' CLR. I -50 -60. . . . . . . . . . . . . . . . . i . 1 -60 1 -70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . PROP. ORBIT 20". I. -80 . . . . . ETHANE PIPELINE . . . . . . . . . . . . . . . . . 1 I . -eo -90 .. ..... ... — I........... -90 -100 — -100 -1+25 -1+00 -0+50 0+00 0+50 1+00 1+50 2+00 2+25 PROFILE '=50')- (HORZ. SCALE: 1-=50')- (VERT. (VERT. SCALE: 1-=50') -M MA C,,p eD&'- 0 04/25/19 ISSUED FOR PERMIT ACQUISITION RA �� � 7��=0� REVISION �r� 'M - • H—L� 70MO NO. DATE gY A _ / y SJHY 2731 FAK YNS X7F90�= a _ _ /WW _ AW -HOUSTONF.4CU3TY- n 10101 S-h%V.F—y.S.i.620 ORBIT GULF COAST NGL EXPORTS, LLC / /Y�C'WS P Heber4 147a 71131y pFA1C71}2 9-Ia71 surveying & engineering hvpJ/ww ph& PLAN & PROFILE PROPOSED ORBIT 20" ETHANE PIPELINE (2) 10" SEWER LINES & 8" WATER LINE CROSSINGS AT HWY 124 CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY: DA SHEET: 5 O 7 CHECKED BY: JAG SCALE: 1"=50' APPROVED BY: DATE: 04/08/19 DRAWING NO.: 13085 - 40555 JEFFERSON 6 OF 7 COUNTY, TEXAS JAG SCALE: 1 "=40' APPROVED BY- DATE: 04/08/19 DRAWING NO.: STIVERS S. SURVEY, A-51 I TYRRELL PARK RD I I I I it Il I I I I POINT OF EXIT I -LU = ¢ y o PPP N:13944717.11 I �I m �IIVI0 o oz -s E: 3502509.74 LAT-N030'00'17.44" o �m o w l[LONG: FENCE t o ololo o I o o0 o J I W094'09'07.56" POINT OF ENTRY L, 0'0 w ~ N:13944726.45 00 0 0 o0 0 PROP. LONE STAR 20" E: 3502439.44 LAT:NO30'00'17.56" �'~ w o wl-y1- I I o ,^., I PROPANE PIPELINE LONG: W094'09'08.35" II 89'� I 5' 5' -1+00 03+00wl 1 1 U 1+00 1t50 8" SUNOCO PA 4.7' COV. 0�o FTc w NZ r z PROP. ORBIT 20" p ¢ DRIVEWAY � ¢ ETHANE PIPELINE 1a�� I~ s' �CO� UJ U rn 3 z �� n 3� N � 24" CULVERT DRIVEWAY TOTAL LENGTH OF R/W: ±71 FEET PLAN FENCE USED AS ASSUMED ROW PIPELINE TO BE INSTALLED BY (SCALE: 1"-40') BORE METHOD 3LME @ c 8 U QY �2 IO-I�FU-- a pp y� G YO 6Y�=Z ME Qm Q Q _:3{yam mp00 O] O] p W U OOwO OOW w0 w0 - < .1 Od 0 SwF p.3w z� �w U wHrVt- 1� 8 82= 0++.- NN !7 Y�l()tT]If)10 1� + G 000n +t 0++00+0iG 40 30 . 71' R-O_w . .I . . . . . . 30 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -:-20 NAT. GROUND I TYRRELL PARK RD I 10 . . . 10 . . NAT. GROU D. 10 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 -10 . . . . . . . .13' COV. CLR. I - 10 -10 13COV. -20 - - - . - - PROP. ORBIT 20"5, w.cL�. I . . . . . -20 ETHANE PIPELINE -30 I I . . . . . . . . . -30 -40 -40 -1+00 -0+50 0+00 0+50 1+00 1+50 PROFILE (HORZ. SCALE: 1"-40') (VERT. SCALE 1"-40') Oa� -XOUMAFACWTY- 0 1 04/25/19 1 ISSUED FOR PERMIT ACQUISITION RA MUMb..0h, dM wc' -°Dd'< /'7 / 7 AW -7 Xovm. L.-70mo NO. I DATE REVISION BY i i a i i i "%'2]X FAX: 985.87651 l -XOUSTONF.SCOdY- 10101 S -h W -F. -V S-670 ORBIT GULF COAST NGL EXPORTS, LLC M°iris P Hebert ins 73219X IJ70F a 713-2107 I -219-1<71 surveying & engineering h-7jA—m0lk— PLAN & PROFILE PROPOSED ORBIT 20" ETHANE PIPELINE TYRRELL PARK RD., 21" SEWER LINE & 8" WATER LINE CROSSINGS CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY: DA SHEET- 6 OF 7 CHECKED BY: JAG SCALE: 1 "=40' APPROVED BY- DATE: 04/08/19 DRAWING NO.: 13085 - 40556 c i PROPOSED ORBIT 20 -INCH ETHANE PIPELINE 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: — ORBIT GULF COAST NGL EXPORTS, LLC — 1300 MAIN STREET — HOUSTON, TX 77002 1.2 PIPELINE NAME: 20—INCH ETHANE PIPELINE 1.3 PRODUCT: LIQUID NGL/ETHANE 1.4 CONSTRUCTION ACTIVITIES ARE SCHEDULED TO BE PERFORMED 3RD QUARTER, 2019 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE PIPELINE MUST MEET CFR TITLE 49 CFR PART 195 — TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE, TEXAS ADMINISTRATIVE CODE (TAC) TITLE 16, CHAPTER 8, AND ASME 831.4—PIPELINE TRANSPORTATION SYSTEMS FOR LIQUID HYDROCARBONS AND OTHER LIQUIDS. 2.2 OPERATING PRESSURE. 2,220 PSIG 2.3 HYDROSTATIC TEST PRESSURE. 2,775 PSIG 2.4 DESIGN FACTOR: 0.5 3.0 CARRIER LINE PIPE 3.1 OUTSIDE DIAMETER: 20.000" 3.2 WALL THICKNESS: 0.750" 3.3 PIPE SPECIFICATION: API 5L 3.4 SPECIFIED MINIMUM YIELD STRENGTH: 70.000 3.5 MATERIAL' CARBON STEEL 3.6 PROCESS OF MANUFACTURE: HF—ERW 3.7 EXTERIOR COATING: 14-16 MILS FBE + 40 MILS ARO 4.0 CATHODIC PROTECTION 4.1 IMPRESSED CURRENT 5.0 CONSTRUCTION METHOD 5.1 PIPELINE WILL BE INSTALLED BY BORE OR HORIZONTAL DIRECTIONAL DRILL METHOD ORBIT GULF COAST NGL EXPORTS, LLC PIPELINE DATA SHEET PROPOSED ORBIT 20" ETHANE PIPELINE CITY OF BEAUMONT CROSSINGS CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS J DRAWN BY. DA SHEET: 7 OF 7 -HOUMAFACH7fY- �' 7 d 293 C,,p=e D' APPROVED BY- H aw;[au6ona 703fi0 __ _ AV AV - A& — _ _ WS-ML2731 FAX 985-876.WI5± AMEW _ _ -HOUSTONHiC111iY- ID, H-=I�R im67D 8,,/ {�..{ Mvms P Habe lj InC u� 77071 surveying & engineering 713219.147D FAX 711219.1.71 hgJA—-p-- DRAWN BY. DA SHEET: 7 OF 7 CHECKED BY- JAG SCALE: AS INDICATED APPROVED BY- DATE: 04/08/19 DRAWING NO.: 13085 — 40557 CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS PROP. ORBIT 16' ETHANE PIPELJNE 18" WATER LINE & 12" SEWER LINE CROSSINGS AT HEBERT RD SEE PG. 2 OF 3 N: 13936828.03 E: 3528549.00 LAT: N29'58'48.64" LONG: W94'04'15.44" PROP. TIE -1N TO EXIST. 16' GRAPHIC SCALE 1,000' 500' 0 1,000' 2,000' oRa� 0 04/25/19 ISSUED FOR PERMIT ACQUISITION RA �� �� Ag� — t•7 / /7 Hnmo Lois=70360 N0. DATE REVISION BY �� �A WIM3731 FAX 985-876A053 A A Am A f S-HOUMNEAC UM- 10101 Sams Was F"c Y luh. ORBIT GULF COAST NGL EXPORTS, LLC ' �'0®�"$ H em °nom 71> _ ¢1, 0 A }z;� 1<71 surveving & en ineerin ^uw7 m.«m AERIAL ROUTE MAP PROPOSED ORBIT 16" ETHANE PIPELINE CITY OF BEAUMONT UTILITY CROSSINGS CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY- DA SHEEP: 1 OF 3 CHECKED BY: JAG SCALE: AS INDICATED APPROVED BY: -- DATE- 04/11/19 DRAWING NO.: 13085-40558 JEFFERSON COUNTY, TEXAS CHENNETH W.D. SURVEY, A-104/ SIGLER, W.W. SURVEY, A-48 7' is I U W 7X—JE-106.00000 'n 1� J2=20 X02= J DOORNBOS BROTHERS 22 m�'c' LL Co J, X4040 W00u-- C, tlC, Q: POINT OF ENTRY ua o� oW wW oa/ MARTIN R. HEBERT N: 13936830.45 �t7�20a oao Toa o 0 swWzo Oo 0 0 � E:3528556.69 3QW 4 a ti ca W W h cy7 a LAT: N29'58'48.66" LONG: W94'04'15.35" PROP. LONE STAR 20" 3- III o I PROPANE PIPELINE-/��,; •�-,�— o °"'' s" BUCKEYE PA 4.8' cov. FENCE III 2 I 6" LONE ATS R P 11 I 5' 76'. / 5' I lfiv"11'il V. Ilia 0+00 U `v I/ 1+0 2+00 PROP. ORBIT 16" ;,�„,� �4 y / N / / POINT 68 EXIT ETHANE PIPELINE I E. 1393610.58 J J ��`T J E. 3528610.58 \ \ W n LAT: N29'58'48.81" 40 Qo. �Yr I / LONG:W94'04'14.73' GRAVEL III l / WARI Y I I PLAN (SCALE: 1.650') O U UU O Q "5,q n7n z \� d \ » Zm�m� �U ZO m 0Y 2 Z OZ U U> - U E3 a 3Nwowo" 0 C, Op o w zaow a� oo_ o O^�00_'U 00U 00 \ d' d m 0 O{Ol�l�ll7 am m nrn O m ++ ++++++ +m+ + 00 N N 00 000000 00 O +t + + 50 50 ' i 40 56 . . . . . . . . . 4 •... . . . . . . . . 40 R -O -W I 30 - - - - - - - - - • . . • . . • • ' PROP. LONE STAR 20" 30 20 . . . . . . . . . . L . . . . ..PROPANE PIPELINE 20 NAT. GROUND HEBERT RD. AN 10 10 p I. I. p I I -10 I 39CLR.. . . -10 46' COV. -20 . . . . C . . . . . - . . . -20 -30 . . . . .27' CLR. . . f I . . . . . . . -30 _40 --PROP. ORBIT 16" f . . . . . . . . . . . . _ -40 ETHANE PIPELINE I I -s0 -so 0+00 1+00 2+00 PROFILE (HORZ. SCALE: 1'-50') (VERT. SCALE: 1'=50') -HOUMA FACUTY- 0 04/25/19 ISSUED FOR PERMIT ACQUISITION RA �AM � �� U3 C.T.—Dd^ ��7 7 r7 • YESNH79--701 F C YGS876905_ N0. DATE REVISION BY � AW � AV IM � AW A. w / _ •HOUSfONF.aCHICY- /� ORBIT GULF COAST NGL EXPORTS LLC 01015wtA Wm Frtway, 5ui¢67D i Mo/7Ys P Hebert, /I7C. H"mun,Tecss, 77W1 711219.1470 FA1C 713 -?19.1-'71 ' surveying & en ineerin meal •ivinphi-c '" PLAN & PROFILE PROPOSED ORBIT 16" ETHANE PIPELINE 18" WATER LINE & 12" SEWER LINE CROSSINGS AT HEBERT RD CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY: RA SHEET- 2 OF 3 CHECKED BY: JAG SCALE: 1"--50' APPROVED BY: DATE- 04/08/19 DRAWING NO.: 13085 — 40559 PROPOSED ORBIT 16 -INCH ETHANE PIPELINE 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: - ORBIT GULF COAST NGL EXPORTS, LLC - 1300 MAIN STREET - HOUSTON, TX 77002 1.2 PIPELINE NAME: 16 -INCH ETHANE PIPELINE 1.3 PRODUCT. LIQUID NGL/ETHANE 1.4 CONSTRUCTION ACTIVITIES ARE SCHEDULED TO BE PERFORMED 3RD QUARTER, 2019 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE PIPELINE MUST MEET CFR TITLE 49 CFR PART 195 - TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE, TEXAS ADMINISTRATIVE CODE (TAC) TITLE 16, CHAPTER 8, AND ASME B31.4 -PIPELINE TRABSPORTATION SYSTEMS FOR LIQUID HYDROCARBONS AND OTHER LIQUIDS. 2.2 OPERATING PRESSURE: 2,025 PSIG 2.3 HYDROSTATIC TEST PRESSURE- 2,555 PSIG 2.4 DESIGN FACTOR: 0.72 3.0 CARRIER LINE PIPE 3.1 OUTSIDE DIAMETER: 16.000" 3.2 WALL THICKNESS: 0.500" 3.3 PIPE SPECIFICATION: API 5L 3.4 SPECIFICATION MINIMUM YIELD STRENGTH: 60,000 3.5 MATERIAL:- CARBON STEEL 3.6 PROCESS OF MANUFACTURE: HF-ERW 3.7 EXTERIOR COATING: 14-16 MILS FBE + 40 MILS ARO 4.0 CATHODIC PROTECTION 4.1 IMPRESSED CURRENT 5.0 CONSTRUCTION METHOD 5.1 PIPELINE WILL BE INSTALLED BY HORIZONTAL DIRECTIONAL DRILL METHOD ORBIT GULF COAST NGL EXPORTS, LLC PIPELINE DATA SHEET PROPOSED ORBIT 16" ETHANE PIPELINE CITY OF BEAUMONT UTILITY CROSSINGS CITY- OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY: DA SHEET: 3 OF 3 -XOUAfAFAGIJTY- Y t� 'IN 45 287 C,,p Ddw -7 xww;Isu'a', wa70360 A I - iffAw Yd"79-2731 FAX- 985 -ll &MV -t10USIDN F.{d1.fIY- IDM H v=777707 �'n�b2p i lWof is P Heber4 Ina surveying & engineering 713219-1470 FAX; 71}219.1:71 wFj/—.m,1.— DRAWN BY: DA SHEET: 3 OF 3 CHECKED BY. JAG SCALE: AS INDICATED APPROVED BY- DATE: 04/11/19 DRAWING NO.: 13085 - 40560 Fop Fidelity and Deposit Company of Maryland 1400 American Lane, T1-13, Schamnburg, IL 60196 License and/or Permit Bond KNOW ALL MEN BY THESE PRESENTS: Bond No. LPM9298699 That we, ORBIT GULF COAST NGL EXPORTS, LLC as Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, incorporated under the laws of the State of Maryland, with principal office P.O. Box 1227, Baltimore, Maryland 21203, as Surety, are held and firmly bound unto CITY OF BEAUMONT as Obligee, in the penal sum of -One Million and 00/100 DOLLARS ($_1,000,000.00 ), lawful money of the United States, for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. WHEREAS, the above bounden Principal has obtained or is about to obtain from the said Obligee a license or permit for covering the permitted pipeline crossings of the City of Beaumont streets ; and the term of said license or permit is as indicated opposite the block checked below: ❑ Beginning the day of ending the day of 20 , and 20 0 Continuous, beginning the 28th . day of May 2019 WHEREAS, the Principal is required by law to file with CITY OF BEAUMONT a bond for the above indicated term and conditioned as hereinafter set forth. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bounden Principal as such licensee or permittee shall indemnify said Obligee against all loss, costs, expenses or damage to it caused by said Principal's noncompliance with or breach of any laws, statutes, ordinances, rules or regulations pertaining to such license or permit issued to the Principal, which said breach or noncompliance shall occur during the tern of this bond, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, that if this bond is for a fixed term, it may be continued by Certificate executed by the Surety hereon; and PROVIDED FURTHER, that regardless of the number of years this bond shall continue or be continued in force and of the number of premiums that shall be payable or paid the Surety shall not be liable hereunder for a larger amount, in the aggregate, than the amount of this bond and PROVIDED FURTHER, that if this is a continuous bond and the Surety shall so elect, this bond may be cancelled by the Surety as to subsequent liability by giving thirty (30) days notice in writing to said Obligee. Signed, sealed and dated the 28th day of May 20 19 ORBIT GULF COAST NGL EXPORTS, LLC yw,,- ;r Add Kevin Tali ferro, Sr. Director -ROW, Right of Way Pg' FIDELITY AND DEPOSIT COMPANY OF MARYLAND B: Vanessa Dominguez , Attomey-In-Fact J519a EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attornevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time.,, CERTIFICATE. I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 28thday of May 120 19. M :xt " SEAL SOT? 'syt, 1888 'a .w. �.....u..o•. Michael Bond, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 28thday of May 20 19. ',^Q OElp � G�,S3lNS(jg�y� w SEAL a av Michael Bond, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance 'Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 WdFidelity and Deposit Company of Maryland W Home Office: P.O. Box 1227, Baltimore, MD 21203-1227 IMPORTANT NOTICE To obtain information or make a complaint: You may call the Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, and/or Zurich American Insurance Company's toll-free telephone number for information or to make a complaint at: 1-800-654-5155 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or about a claim, you should first contact Fidelity and Deposit Company of Maryland or Colonial American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. S8543f(TX) (08/01) CERTIFICATE OF LIABILITY INSUR4NCEDATE(MM/DDNYYY) INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 9/15/2019 1 5/28/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES 3657 BRIARPARK DRIVE, SUITE 700HO HOUSTON TX 77042 866-260-3538 NCO AME: T ENo, Ext): AX /AC, No E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIL # NOT APPLICABLE INSURERA: Old Republic Insurance ComiDany 24147 INSURED Orbit Gulf Coast NGL Exports, LLC 1460854 1300 Main Street Houston TX 77002 INSURER B : INSURER C INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NLIMBFR- 16110452 RGVISIr1M M1111ARC0• YSCSCiiYYY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR 1NVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑ OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX DAMAGPREMISEa NTE ante !XXXXXXX MED EXP (Any oneperson) $ XXXXXXX PERSONAL & ADV INJURY $ XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER: POLICY❑ JECOT- LOC GENERAL AGGREGATE $ XXXXXXX PRODUCTS - COMP/OP AGG $ XXXXXXX OTHER: A AUTOMOBILE LIABILITY Y Y MWTB-21711-18 9/15/2018 9/15/2019 (COaBINEDtSINGLE LIMIT $ 10,000,000 nXANY AUTO AUTOS ONLY AUTOSULEDBODILY BODILY INJURY (Per person) $ XXXXXXX INJURY (Per accident $ XXXXXXX HIRED NON-OWNEDPROPERTY AUTOS ONLY AUTOS ONLY DAMAGE Peraccident $XXXXXXX MCS -90 $ XXXXXXX UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE NOT APPLICABLE EACH OCCURRENCE $ XXXXYM AGGREGATE $ XXXXXXX DED] I RETENTION $ $ WORKERS COMPENSATION_ AND EMPLOYERS' LIABILITY Y / N ANY P.ROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMSER EXCLUDED? ElN Mandatory in If yes, describe under DESCRIPTION OF OPERATIONS below / A NOT APPLICABLE STATUTE OER E.L. EACH ACCIDENT $XXXXXXX E.L. DISEASE- EA EMPLOYEE $ XXXXXXX E.L. DISEASE - POLICY LIMIT XXXXXXX I III _T DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) vMl\vGLLM I1Vly JQO JALLUL,111L1011L SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 16110452 AUTHORIZED REPRESENTATIVE City of Beaumont 801 Main Street Beaumont TX 77705 r ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATI - All rinhtq rPSP_rvP_rl The ACORD name and logo are registered marks of ACORD Attacnirient lode : UJ6lUI / Master IU: 146U2S34, Uertiticate 11): 161 1U432 The Automobile Liability policy includes a blanket automatic additional insured [provision] that confers additional insured status to the certificate holder only if there is a written contract between the named insured and the certificate holder that requires the named insured to name the certificate holder as an additional insured. In the absence of such a contractual obligation on the part of the named insured, the certificate holder is not an additional insured under the policy. The Automobile Liability policy includes a blanket automatic waiver of subrogation endorsement [provision] that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. In the absence of such a contractual obligation on the part of the named insured, the waiver of subrogation feature does not apply. Fq BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: August 27, 2019 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of two 30' wide Pipeline Easements and a Temporary Road Access Easement for Orbit Gulf Coast NGL Exports, LLC. BACKGROUND Orbit Gulf Coast NGL Exports, LLC is constructing a new ethane export facility at its Nederland terminal to provide ethane to its satellite locations. Orbit Gulf Coast NGL Pipeline has agreed to pay $1,000 per rod to the City of Beaumont to grant two 30' pipeline easements for the construction of this project. Orbit Gulf Coast NGL Pipeline will pay the City of Beaumont an additional $3,010.00 for a temporary road access easement for this project. The easements are described as being a 7,158.08 LF/433.82 Rods situated in the C. Hillebrandt League, Abstract No. 28 and a 2,969.81 LF/179.99 Rods situated in the Samuel Stivers League, Abstract No. 51. The pipeline easements are for the installation and construction of one 20" and one 16" pipeline to transport ethane from Mount Belvieu to Nederland. Lone Star will pay the City of Beaumont a total of $616,820.00 for these easements. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, Orbit Gulf Coast NGL Exports, LLC has requested the City to convey two (2) thirty foot (30') wide pipeline easements, situated in the C. Hillebrandt League, situated in the Samuel Stivers League, shown in Exhibits "1" and "2," respectively, attached hereto, to the City of Beaumont for the installation and construction of one (1) twenty foot (20') and one (1) sixteen foot (16') pipeline to transport ethane; and, WHEREAS, Orbit Gulf Coast NGL Exports, LLC has requested the City to convey one (1) temporary road access easement as described and shown in Exhibit "3," attached hereto, to the City of Beaumont for the installation and construction of one (1) twenty foot (20') and one (1) sixteen foot (16') pipeline to transport ethane; and, WHEREAS, the, City Council has considered the execution of said pipelines easements and is of the opinion that said pipeline easements is necessary and describe that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute the pipeline easements as described above to Orbit Gulf Coast NGL Exports, LLC for consideration of $616,820.00. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of August, 2019. - Mayor Becky Ames - PROJECT: Orbit Gulf Coast NGL Exports, LLC TRACT NUMBER: TX -JE -079.310 COUNTY: Jefferson County, Texas STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS: PIPELINE EASEMENT For and in consideration of Ten Dollars and other good and valuable considerations in hand paid, the receipt of which is hereby acknowledged, the CITY OF BEAUMONT, hereinafter called Grantor, hereby grants and conveys unto ORBIT GULF COAST NGL EXPORTS, LLC, a Delaware limited liability company with its mailing address at 1300 Main Street, Houston, Texas 77002, its successors and 1 assigns, hereinafter called Grantee, a thirty (30) foot wide easement (the "Easement") to construct, alter, and maintain pipeline and related appurtenances on the hereinafter described land which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit A, attached and made a part hereof for all purposes (the "Easement Area"). The Easement herein granted shall be used to construct, lay, maintain, operate, alter, repair, remove, reconstruct, change the size of, replace and abandon a pipeline and any and all necessary or useful appurtenances thereto, including but not limited to fittings, tie -overs, valves, corrosion control equipment, communication equipment and other apparatus above or below ground, for the transportation of oil, gas, petroleum products or any other liquids, gases, or substances which can be transported through pipelines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that Grantee shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. Grantee understands the pipeline easement is restricted to allow only one pipeline within the Easement Area. Grantee shall not assign or grant rights to another party to lay an additional pipeline within the Easement Area. In addition to the pipeline easement rights granted therein, Grantor further grants Grantee an additional temporary easement 70 feet in combined width adjoining the full length of the Exhibit 1 PROJECT: Orbit Gulf Coast NGL Exports, LLC' TRACT NUMBER: TX -JE -079.310 COUNTY: Jefferson County, Texas permanent easement granted herein, and such other additional work space to be used as working space by Grantee during and for the consideration and installation of the pipeline and any appurtenant facilities. The temporary easement will become null and void at the completion of the project. Grantee will promptly prepare any and all damage done to the Easement area caused by Grantee's use. Grantees must use the Easement area and access road solely for the purposes specified. Grantee will not hunt or fish on any of Grantor's property. Grantee agrees to bury, at the time of construction, the pipeline (exclusive of appurtenances customarily located above ground) to a depth of at least thirty-six (36) feet in the area of the Grantor's sediment ponds (including,the Cattail Marsh Wetlands) where the pipeline will be installed via HDD and to a minimum cover of 48" elsewhere, so as not to interfere with the normal cultivation of the soil. Grantee agrees to pay such damages which may arise to any improvements on the property from the construction of said line and appurtenances and to pay such damages which may rise from the maintenance, alteration, repair, removal, reconstruction, use, or replacement of the pipeline. INDEMNITY GRANTEE AGREES TO INDEMNIFY AND HOLD GRANTOR HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR DAMAGES, OR EXPENSES OF WHATSOEVER CHARACTER, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR ENVIRONMENTAL DAMAGES OR RELEASE WHICH MAY BE ASSERTED, INSTITUTED OR RENDERED AGAINST GRANTOR ARISING OUT OF OR IN ANY MANNER CAUSED BY OPERATIONS CONDUCTED HEREUNDER BY GRANTEE, ITS AGENTS, ASSIGNS, EMPLOYEES, OR CONTRACTORS. SUCH INDEMNIFICATION SHALL INCLUDE REASONABLE ATTORNEY'S FEES OR EXPENSES INCURRED BY GRANTOR WITH REFERENCE TO SUCH CLAIMS, SUITS OR DAMAGES. Should Grantee install pipelines under the terms hereunder, and thereafter abandon and fail to use said pipelines for a period of one year, Grantee agrees upon request by Grantor to remove said pipe and other appurtenances and to restore the premises to their original condition, and the easement hereby granted shall terminate and revert to Grantor. After the installation of the pipeline hereunder, Grantee shall restore the surface of the PROJECT: Orbit Gulf Coast NGL Exports, LLC TRACT NUMBER: TX -JE -079.310 COUNTY: Jefferson County, Texas land to substantially the same condition as it was prior to the commencement of such installation and without limitation, Grantee shall level and grade the land so that drainage to, on or from said easement shall not be impaired as a result of said installation. Grantor may use the'Easement area for any and all purposes not inconsistent with the purposes set forth in this Easement. Grantor's uses may include but shall not be limited to using the Easement area for agricultural, open space, set -back, density, street and roadway purposes. Grantor is permitted, after review by Grantee, to construct any and all streets and roadways, at any angle of not less than forty-five (45) degrees to Grantee's pipelines, across the Easement area which do not damage, destroy or alter the operation of the pipelines and its appurtenant facilities. Grantor may also construct and/or install water, sewer, gas, electric, cable TV, telephone or other utility lines across the Easement area at any angle of not less than forty-five (45) degrees to Grantee's pipelines, provided that all of Grantee's required and applicable spacings, including depth separation limits and other protective requirements are met by Grantor. The use of the Easement area by Grantor shall be regulated by all appropriate ordinances, regulations, resolutions or laws of the governmental entity with authority over the Easement area. Grantor must notify Grantee in writing before streets, roadways, utilities or other encroachments are installed. Grantee agrees to provide a written response within 15 calendar days of receipt of such notice. Grantor may not use any part of the Easement area if such use may damage, destroy, injure, and/or interfere with the Grantee's use of the Easement area for the purposes for which the permanent easement is being sought by Grantee. Grantor is not permitted to conduct any of the following activities on the Easement area without the written permission of Grantee: (1) construct any temporary or permanent building or site improvements, other than streets and roads; (2) drill or operate any well; (3) remove soil or change the grade or slope (except for necessary repairs to the levee system and existing drainage system); (4) impound surface water; or (5) plant trees or landscaping. Grantee agrees to provide a written response to Grantor within 15 calendar days of receipt of the notice. Grantor further agrees that no above or below ground obstruction that may interfere with the purposes for which this Easement is being acquired may be placed, erected, installed or permitted upon the Easement area without the written permission of Grantee. Grantee shall bury its pipeline to a minimum depth of thirty-six (36) feet in the area PROJECT: Orbit Gulf Coast NGL Exports, LLC TRACT NUMBER: TX -JE -079.310 COUNTY: Jefferson County, Texas of the Grantor's sediment ponds (including the Cattail Marsh Wetlands) where the pipeline will be installed via HDD and to a minimum cover of 48" elsewhere. The conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted Exceptions"). This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement unto said Grantee, its successors and assigns, so long as the same shall be used for the purposes aforesaid, and Grantee hereby agrees to pay any damages, including, but not limited to, any environmental harm which may arise from the use of said premises for such purposes. EXECUTED this day of .2019. f signature pages to follow] PROJECT: Orbit Gulf Coast NGL Exports, LLC TRACT NUMBER: TX -JE -079.310 COUNTY: Jefferson County, Texas GRANTOR: CITY OF BEAUMONT By: Printed Name: Kyle Haves Title: City Manager STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENT BEFORE ME, the undersigned authority, on this day personally appeared Kyle Haves, City Manager of the City of Beaumont, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such municipal corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of , 2019. Notary Public, State of Texas GRANTEE: Orbit Gulf Coast NGL Exports, LLC By. Robert Rose,, ' e P [dent of La & Right of Way STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on " t� _, 2019 by Robert Rose in the capacity of Vice President of Land and Right of Way, of Orbit Gulf Coast NGL Exports, LLC, a Delaware limited liability company, on behalf of said company. CYNTHIA SANCHEZ AMRDN Notary 1iC Texas i Notary ID #2700786 } My commission Expires y: March 25, 2023 My Commission Expires Please Return To: Orbit GulrCoast.NGL Exports, LLC PO Box 122 Crosby, TX 77532-0122 TX -JE -079.310 -ORBIT STATE OF TEXAS COUNTY OF JEFFERSON EXHIBIT "A" SURVEY LINE DESCRIPTION OF A PROPOSED 30 -FOOT WIDE PIPELINE EASEMENT ACROSS THE CITY OF BEAUMONT PROPERTY The survey line description of proposed 30 -foot wide pipeline easement, situated in the C. Hillebrandt League, Abstract No. 28, Jefferson County, Texas, being upon, over, through and across the residue of the City of Beaumont, called 2,183.50 acre tract of land described by an instrument recorded under Instrument No. 9003030 of the Official Public Records .of Jefferson County, Texas (O.P.R.J.C.T.), the side lines of said pipeline easement shall be located 15 -foot each side of, parallel and adjacent to said survey line and shall be extended or shortened to. intersect at angle points and grantor's boundary lines, said survey line being more particularly described as follows: Bearings shown hereon are referenced to the Texas State Plane Coordinate System, South Central Zone 4204, NAD83. Distances hereon are grid and maybe converted to surface by dividing by a combined scale factor of 0.999923423. COMMENCING at a 1 -I/2 -inch iron pipe found marking the northeast interior comer ofsaid 2,183.50 acre tract; THENCE South 64107'15" West, a distance of 6,007.58 feet to the POINT OF BEGINNING of the herein described survey line, on the west line of said 2,183.50 acre tract and the east line of the City of Beaumont, called 500 acre tract of land described by an instrument recorded in Volume 278, Page 374, of the Deed Records of Jefferson County, Texas (D.R-J.C.T.), THENCE South 82°25143" East, a distance of 4,856.65 feet to a point; THENCE South 82°34'49" East, a distance of 2,301.43 feet to the POINT OF TERMINUS of the herein described survey line on the east line of said 2,183.50 acre tract and the west line of the B.E. Quinn III, et al, called 83.74 acre tract of land described by an instrument recorded under Document No. 2012037631 and Document No. 2019005603 both of the O.P.R.J.C.T., from which a 1 -inch iron pipe found, marking the most easterly northeast corner of said 2,183.50 acre tract, bears North 03°23149" West, a distance of 3,635.70 feet. The total length of the herein described survey line is 7,158.08 feet or 433.82 rods, said pipeline easement containing a total area of 4.930 acres (214,742 square feet) of land and the temporary workspaces containing a total area of 4.699 acres (204,674 square feet) of land. Said survey line, proposed 30 -foot wide pipeline easements and temporary workspaces are illustrated on Exhibit "Bl" and "132" dated 05/08119 Drawing Number 13085-01-7X-JE-079.310-ORBIT.DWG., "Rev 2". MORRIS P. HEBERT, INC. 10101 SOUTHWEST FREEWAY, SUITE 620 HOUSTON, TEXAS 77074 (713)219-1470 FIRM NO. 10142100 Philip G" olan Registered Professional land Surveyor Texas Registration No. 6061 . Sheet 1 of 3 �l crlr I LiOL 270, PC. 374 D.RJ.C, CAUE0 500 ACRES P.O.B. JEFFERSON COUNTY, TEXAS C. MLLORWT LEAGEW, A-28 P.O.C.— FND. 1-1/2' IRON PIPE cr1Y of BEAuuoNr INST. N0. 9003030 O.P.R.J.C.T. / THE RESIDUE OF A 1/ CALLED 2,183.50 ACRES vs� / SURVEY LINE PROP. 30' / WIDE P/L ESM'T (SEE DETAIL "B") (EXHIBIT B2 SHEET 3 OF 3)� 3 SEE DETAIL 'A" (EXHIBIT B2 SHEET 3 OF 3) S LINE PROP. f ' 30' ESM'T DOC. DOC. P.O.T. VICINrrY MAP (1"=2 miles) 1000' 0 1000' SCALE IN FEET 1 2 105/08/19 1 REVISED ROUTE — IFA N0. I DATE' I REVISION Orbit Gulf Coast NGL Exports, LLC EXHIBIT OF A PROPOSED PIPELINE EASEMENT ACROSS CITY OF-BEAUMONT PROPERTY JEFFERSON COUNTY, TEXAS DRAWN BY: NM 131IIT "Bl" 2 OF 3 i SCALE : SYMBOLS LEGEND APPROVED BY, PGN 1 DATE: Found Property comer CAD FILE: 13085-01-7X—JE-079.310—ORBIT.DWG Easement comer O ^AAA Underground P foreign PA Top of Bank 6 ABBREVIATIONS LEGEND ND P.O.C. POINT OF COMMENCING is P.O.B. POINT OF BEGINNING P.O.T. POINT OF TERMINUS ESM'r Eaamenl O.PJT.J.C.T. Offkkl Pubtk Records of Jefferson. County, Texas J.C.C.F. No. Jefferson County clews File Number D.RJ.C.T. Deed Records of Jefferson County, Taxes NO.D. P. Hebertf Inc. mm�u.cnnrtrus•nivnanTrt nr�rn.ncro. Y•xr•.rn IRM No. 10142100 P.O.B. JEFFERSON COUNTY, TEXAS C. MLLORWT LEAGEW, A-28 P.O.C.— FND. 1-1/2' IRON PIPE cr1Y of BEAuuoNr INST. N0. 9003030 O.P.R.J.C.T. / THE RESIDUE OF A 1/ CALLED 2,183.50 ACRES vs� / SURVEY LINE PROP. 30' / WIDE P/L ESM'T (SEE DETAIL "B") (EXHIBIT B2 SHEET 3 OF 3)� 3 SEE DETAIL 'A" (EXHIBIT B2 SHEET 3 OF 3) S LINE PROP. f ' 30' ESM'T DOC. DOC. P.O.T. VICINrrY MAP (1"=2 miles) 1000' 0 1000' SCALE IN FEET 1 2 105/08/19 1 REVISED ROUTE — IFA N0. I DATE' I REVISION Orbit Gulf Coast NGL Exports, LLC EXHIBIT OF A PROPOSED PIPELINE EASEMENT ACROSS CITY OF-BEAUMONT PROPERTY JEFFERSON COUNTY, TEXAS DRAWN BY: NM SHEET.. 2 OF 3 CHECKED BY: PGN' SCALE : AS SHOWN APPROVED BY, PGN 1 DATE: 11/27/18. CAD FILE: 13085-01-7X—JE-079.310—ORBIT.DWG DETAIL "A" (NOT TO SCALE)/ DETAIL "B" — (NOT TO SCAM . SURVEY LINE �I PROPOSED 30' YA —._ RIGHT OF WAY LAND USE P/l. EASEMENT 30' WIDE PIPELINE ESM'T 214,742 SO. FT./4.930 ACRES TEMPORARY WORKSPACES 1-4 SURVEY LINE �I LENGTH 7.158.08 L.F.1433.82 RODS RIGHT OF WAY LAND USE 30' WIDE PIPELINE ESM'T 214,742 SO. FT./4.930 ACRES TEMP. WORKSPACE 1 1,113 50. F7./0.026 ACRES TEMP. WORKSPACE 2 5,938 SO. FT./0.136 ACRES TEMP. WORKSPACE 3 171,767 SO. FT./3.943 ACRES TEMP. WORKSPACE 4 25,856 SO. FT./0 594 ACRES TOTAL T.W.S. 204,674 S0. FT./4.699 ACRES I )SIT -BZ- (SHS IT "Bl° FOR PLAN VJ9W) IRON PIPE FNO. 1 �^ IRON F P.O.B. — SURVEY UNE PROP. 30' ESM'T PROPERTY DETAIL PE I D. GENERAL NOTES :�.. �I 1, Bearings shown hereon ate referenecd to Texas State Plane Coordinate System, South Central Zone 4204, NADB3. Distances hereon arc grid and may be converted to surface by dividing by a combined sate factor of 0.999927423. 2. This exhibit was prepared without the benefit of a commitment for title insucaoa; therefore, es3ements of record may exist amd aro not shown heteon. The informhon owncrahip of the abject and 0joinin6 accts, shown hereon, provided by Contract Land Stag; LLC. No additional seseareh has been perfo by Morris P. Hebert, lnc. 3. An on•tbe•ground effort has been made to locate and indicate all Cables, pipelines, utilities, etc. crossed by the proposed Phlilp�G. Nolan Registered Professlonal Land Surveyor Project; however, due to the inherent limitations of electronic magnetic locating equipment, Morris P. Hebert, Inc. Is not responsible for any not located during the course of the survey. it is not within the scope of this exhibit to locate all buried Texas Registration No. 6061 utility lines on this property, not all improvements shown hereon. 4. A separate mea and bounds description titled Exhibit "A" accompanies this plai. 2 105/08/19 REVISED ROUTE — IFA N0. I DATE REVISION Orbit Gulf Coast NGL Exports, LLC EXHIBIT OF A PROPOSED PIPELINE EASEMENT ACROSS CITY OF BEAUMONT PROPERLY JEFFERSON COUNTY. TEXAS DRAWN BY: NM SHEET: 3 OF 3 CHECKED BY: PGN SCALE : AS SHOWN APPROVED BY; PGN DATE: 11/27/18 CAD FILE: 13085-01-1X—JE-079.310—ORBIT.DWG PROJECT: Orbit Gulf Coast NGL Exports, LLC TRACT NUMBER: TX -JE -077.000 COUNTY: Jefferson County, Texas STATE OF TEXAS § COUNTY OF JEFFERSON § KNOW ALL MEN BY THESE PRESENTS: PIPELINE EASEMENT For and in consideration of Ten Dollars and other good and valuable considerations in hand paid, the receipt of which is hereby acknowledged, the CITY OF BEAUMONT, hereinafter called Grantor, .hereby grants and conveys unto ORBIT GULF COAST NGL EXPORTS, LLC, a Delaware limited liability company with its mailing address at 1300 Main Street, Houston, Texas 77002, its successors and assigns, hereinafter called Grantee, a thirty (30) foot wide easement (the "Easement") to construct, alter, and maintain pipeline and related appurtenances on the hereinafter described land which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit A, attached and made a part hereof for all purposes (the "Easement Area"). The Easement herein granted shall be used to construct, lay, maintain, operate, alter, repair, remove, reconstruct, change the size of, replace and abandon a pipeline and any and all necessary or useful appurtenances thereto, including but not limited to fittings, tie -overs, valves, corrosion control equipment, communication equipment and other apparatus above or below ground, for the transportation of oil, gas, petroleum products or any other liquids, gases, or substances which can be . transported through pipelines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that Grantee shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. Grantee understands the pipeline easement is restricted to allow only one pipeline within the Easement Area. Grantee shall not assign or grant rights to another party to lay an additional pipeline within the Easement Area. In addition to the pipeline easement rights granted therein, Grantor further grants Grantee an additional temporary easement 70 feet in combined width adjoining the full length of the Exhibit 2 PROJECT:, Orbit Gulf Coast NGL Exports, LLC TRACT NUMBER: TX -JE -077.000 COUNTY: Jefferson County, Texas permanent easement granted herein, and such other additional work space to be used as working space by Grantee during and for the consideration and installation of the pipeline and any appurtenant facilities. The temporary easement will become null and void at the completion of the project. Grantee will promptly prepare any and all damage done to the Easement area caused by Grantee's use. Grantees must use the Easement area and access road solely for the purposes specified. Grantee will not hunt or fish on any of Grantor's property. Grantee agrees to bury, at the time of construction, the pipeline (exclusive of appurtenances customarily located above ground) to a depth of at least thirty-six (36) feet in the area of the Grantor's sediment ponds (including the Cattail Marsh Wetlands) where the pipeline will be installed via HDD and to a minimum cover of 48" elsewhere, so as not to interfere with the normal cultivation of the soil. Grantee agrees to pay such damages which may arise to any improvements on the property from the construction of said line and appurtenances and to pay such damages which may rise from the maintenance, alteration, repair, removal, reconstruction, use, or replacement of the pipeline. INDEMNITY GRANTEE AGREES TO INDEMNIFY AND HOLD GRANTOR HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR DAMAGES, OR EXPENSES OF WHATSOEVER CHARACTER, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR ENVIRONMENTAL DAMAGES OR RELEASE WHICH MAY BE ASSERTED, INSTITUTED OR RENDERED AGAINST GRANTOR ARISING OUT OF OR IN ANY MANNER CAUSED BY OPERATIONS CONDUCTED HEREUNDER BY GRANTEE, ITS AGENTS, ASSIGNS, EMPLOYEES, OR CONTRACTORS. SUCH INDEMNIFICATION SHALL INCLUDE REASONABLE ATTORNEY'S FEES OR EXPENSES INCURRED BY GRANTOR WITH REFERENCE TO SUCH CLAIMS, SUITS OR DAMAGES. Should Grantee install pipelines under the terms hereunder, and thereafter abandon and fail to use said pipelines for a period of one year, Grantee agrees upon request by Grantor to remove said pipe and other appurtenances and to restore the premises to their original condition, and the easement hereby granted shall terminate and revert to Grantor. After the installation of the pipeline hereunder, Grantee shall restore the surface of the PROJECT: Orbit Gulf Coast NGL Exports, LLC TRACT NUMBER: TX -JE -077.000 COUNTY: Jefferson County, Texas land to substantially the same condition as it was prior to the commencement of such installation and without limitation, Grantee shall level and grade the land so that drainage to, on or from said easement shall not be impaired as a result of said installation. Grantor may use the Easement area for any and all purposes not inconsistent with the purposes set forth in this Easement. Grantor's uses may include but shall not be limited to using the Easement area for agricultural, open space, set -back, density, street and roadway purposes. Grantor is permitted, after review by Grantee, to construct any and all streets and roadways, at any angle of not less than forty-five (45) degrees to Grantee's pipelines, across the Easement area which do not damage, destroy or alter the operation of the pipelines and its appurtenant facilities. Grantor may also construct and/or install water, sewer, gas, electric, cable TV, telephone or other utility lines across the Easement area at any angle of not less than forty-five (45) degrees to Grantee's pipelines, provided that all of Grantee's required and applicable spacings, including depth separation limits and other protective requirements are met by Grantor. The use of the Easement area by Grantor shall be regulated by all appropriate ordinances, regulations, resolutions or laws of the governmental entity with authority over the Easement area. Grantor must notify Grantee in writing before streets, roadways, utilities or other encroachments are installed., Grantee agrees to provide a written response within .15 calendar days of receipt of such notice. Grantor may not use any part of the Easement area if such use may damage, destroy, injure, and/or interfere with the Grantee's use of the Easement area for the purposes for which the permanent easement is being sought by Grantee. Grantor is not permitted to conduct any of the following activities on the Easement area without the written permission of Grantee: (1) construct any temporary or permanent building or site improvements, other than streets and roads; (2) drill or operate any well; (3) remove soil or change the grade or slope (except for necessary repairs to the levee system and existing drainage system); (4) impound surface water; or (5) plant trees or landscaping. Grantee agrees to provide a written response to Grantor within 15 calendar days of receipt of the notice. Grantor further agrees that no above or below ground obstruction that may interfere with the purposes for which this Easement is being acquired may be placed, erected, installed or permitted upon the Easement area without the written permission of Grantee. Grantee shall bury its pipeline to a minimum depth of thirty-six (36) feet in the area PROJECT: Orbit Gulf Coast NGL Exports, LLC TRACT NUMBER: TX -JE -077.000 COUNTY: Jefferson County, Texas of the Grantor's sediment ponds (including the Cattail Marsh Wetlands) where the pipeline will be installed via HDD and to a minimum cover of 48" elsewhere. The conveyance of the Easement granted herein is made by. Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively, the "Permitted Exceptions"). This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement unto said Grantee, its successors and assigns, so long as the same shall be used for the purposes aforesaid, and Grantee hereby agrees to pay any damages, including, but not limited to, any environmental harm which may arise from the use of.said premises for such purposes. EXECUTED this day of 2019. 0, [signature pages to follow] PROJECT: Orbit Gulf Coast NGL Exports, LLC TRACT NUMBER: TX -JE -077.000 COUNTY: Jefferson County, Texas GRANTOR: CITY OF BEAUMONT By: Printed Name: Kyle Hayes Title: City Manager STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENT BEFORE ME, the undersigned authority, on this day personally appeared Kyle Hayes. City Manager of the City of Beaumont, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such municipal corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this-_,_,_ day of , 2019. GRANTEE: Orbit Gulf Coast NGL Exports, LLC r B' Ro ert Rose, V' a Pres' nt of Lan Rig Way ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF HARRIS § Notary Public, State of Texas This instrument was acknowledged before me on — , 2019 by Robert Rose in the capacity of Vice President of Land and Right of Way, dY Orbit offulf Coast NGL Exports, LLC, a Delaware_ limited liability company, on behalf of said company. � CYNTHIA SANCHEZ AMRON Notary Pu lic, tate f exas Notary ID #2700786 My Commission Expires March 25. 2023 My Commission Expires b o—iia% Please Return To: Orbit Gulf Coast NGL Exports, LLC PO Box 122 Crosby, TX 77532-0122 TX -JE -07.7.000 -ORBIT STATE OF TEXAS COUNTY OF JEFFERSON EXHIBIT "A" SURVEY LINE DESCRIPTION OF A PROPOSED 30 -FOOT WIDE PIPELINE EASEMENT ACROSS THE CITY OF BEAUMONT PROPERTY The survey line description of proposed 30 -foot wide pipeline easement, situated in the Samuel Slivers League, Abstract No. 51, Jefferson County, Texas, being upon, over, through and across the City of Beaumont called 500 acre tract of land described by an instrument recorded in Volume 278, Page 374, of the Deed Records of Jefferson County, Texas (D.R.J.C.T.), the side lines of said pipeline easement shall be located 15 foot each side of, parallel and adjacent to said survey line and shall be extended or shortened to intersect at angle points and grantor's boundary lines, said survey line being more particularly described as follows: Bearings shown hereon are referenced to the Texas State Plane Coordinate System, South Central Zone 4204, NAD83. Distances hereon are grid and may be converted to surface by dividing by a combined scale factor of 0.999923423. COMMENCING at a 1/24nch iron rod found marking a southern comer of the residue of the Tytex Properties, Ltd., called 853 AS . acre tract of land described by an instrument recorded in Volume 2358, Page 8 of the D.R.J.C.T.; THENCE North 68'33'10" East, a distance of 2,944.04 feet to the POINT OF BEGINNING of the herein described survey line on the east line of the Devin Miller and Dekaylea Richard called 8.388 acre tract of land described by an instrument recorded under Document No. 2018018935 of the Official Public Records of Jefferson County,' Texas (O.P.RJ.C.T.) and the west line of said 500 acre tract; THENCE South 82°25'43" East, a distance of 2,969.81 feet to the POINT OF TERMINUS of the herein described survey line on the east line of said 500 acre tract and the west line of the residue of the City ofBeaumont called 2,183.50 acre tract of land described by an instrument recorded under Instrument No. 9003030 of the O.P.R.J.C.T. from which a M2 -inch iron rod found marking the north comer of said 8388 acre tract, bears North 60037'23" West, a distance of 3,274.27 feet The total length of the herein described survey line is 2,969.81 feet or I79.99 rods, said pipeline easement containing an area of 2.045 acres (89,094 square feet) of land and the temporary workspaces containing a total area of4.782 saes (208,337 square feet) of land. Said survey line, proposed 30 -foot wide pipeline easement and temporary workspaces are illustrated on Exhibit 'BI" and "112" dated 4102/2019 Drawing Number 13085-01-TX-JE-077.000-ORBIT.DWG., "Rev I'% MORRIS P. HEBERT, INC. 10101 SOUTHWEST FREEWAY, SUITE 620 HOUSTON, TEXAS 77074 (713) 219-1470 FIRM NO. 10142100 Philip �-9 1� ili Registered Professional Land Surveyor Texas Registration No. 6061 Sheet 1 of 3 JEFFERSON COUNTY, TEXAS SAW= SnVMS LEAGUE, A-51 N \ \ DEMN MI 1 Fa eln TY'IFY PROP RD C 7D DE1m VOL. 2358, PG. 8 O.R.J.C.T. C. No. 2018018935 O.P.R.J.C.T. THE RESIDUE OF A CALLED 8.388 ACRES CALLED 853.45 ACRES \ IXBIBIT "Bl" SYMBOLS LEGEND Found Property comer 0 Easement comer 0 Undorground foreign PA ABBREVIATIONS I EGENn P.O.C. POINT OF COMMENCING P.O.B. POINT OF BEGINNING P.O.T. POINT OF TERMINUS ESM7 Easement O.P.R.J.C.T. Official Public, Records of Jefferson County, Texas J.C.C.F. No. Jefferson County Clark's Filo Number D.R.J.C.T. Deed Records of Jefferson County, Texas _!!$fCfd�t�e m eu�arm,e.�n0t81,P, Hebra rrxr�xC1 total N5j�0% P.O.C.- FND. 1/2' IRON ROD CITY OF BEAl1MONT x, w3 SUBJECT P e kd 1 K'PROPERTY VOL. 278, PG. 374 'D.R.J.C.T.. CALLED 500 ACRES f..� •FND. 1/2' IRON ROD...'� °� � a\•w SURVEY LINE PROP. 30VICINITY MAP' (1"=2 miles) WIDE PAESM T (SEE DETAIL "A") (EXHIBIT B2 SHEET 3 OF 3) 8. - - crlr of RF,wMONr INST. NO. 9003030 O.P.R.J.C.T. THE RESIDUE OF A 822 431,96 P.O.T. CALLED 2,183.50 ACRES 800' 0 800' SCALE IN FEET 1 1476-2 19 REVISED ROUTE IFA NO. I DATE REVISION w Orbit Gulf Coast NGL Exports, LLC EXHIBIT OF A PROPOSED PIPEUNE EASEMENT ACROSS CITY OF BEAUMONT PROPERTY JEFFERSON COUNTY, TEXAS 11 DRAWN BY: NM SHEET: 2 OF 3 CHECKED BY: PGN SCALE : AS SHOWN APPROVED BY: PGN DATE: 11/27/18 CAD FILE: 13085-01-TX-JE-077.000-ORBIT.DWG �.-.; PROPOSED 30' WIDE P/L EASEMENT REVISED ROUTE — IFA TEMPORARY WORKSPACES 1 & 2 SURVEY LINE LENGTH RIGHT OF WAY LAND USE 30' WIDE PIPELINE ESM'T DETAIL "A" (NOT TO SCA11E1 2,969.81 L.F./179.99 RODS 89,094 SG. FT./2.045 ACRES TEMP. WORKSPACE 1 29,676 SO. FT./0.681 ACRES TEMP. WORKSPACE 2 178,661 SO. FT./4.101 ACRES TOTAL T.W.S. 208,337 SO. FT./4.782 ACRES art "112" (SEE EXBMIT "Bl" FOR PLAN VIEW) ,�ur,,.,.rr:,,.r.,.rMoro'rie P. Hebertl�InD1 treat FND. CONCRETE MONUMENT I (ORIGINAL NE SUBO. CORNER) FND. 1/2' IRON ROD SURVEY LINE \ PROP. 30' ES1t'T P.O.C.— P.O.B. P.O.T. FND. 1/2' i IRON ROD PROPERTY DETAIL GENERAL NOTES : 1. Bearings shown hereon am referenced to Texas State Plane Coordinate System. South Central Zone 4204, NAD83. Distances hereon are grid and may be converted to surface by dividing by.acombined scale factor of 0.999923423. 2. This exhibit was prepared without the benefit oft commitment for title insurance; therefore, easements ofmcorq may exist and are not shown hereon. The ownership infomration of the subs and ad ining tracts, shown hereon, provided by Contract Land Slaft; LLC. No additional research has been pedbrmedby Morris Hcocrl, lne. 3. An on -the -ground effort has been merle to locate and indicate all cables, Pipelines, utilities, etc, crossed by the proposed project; however, due to the Inherent limitations of electronic magnetic locating equipment, Morris P. Hebert. Inc, is not responsible for any not located during the course of the survey. It is not within the scope of this exhibit to locale all buried utility lira on this property, not all Improvements shown hereon. 4. A separate metes and bounds description tided Exhibit "A" accompanies this plat, . Orbit Gulf Coast NGL Exports, LLC EXHIBIT OF A PROPOSED PIPELINE EASEMENT —71 ACROSS CITY OF BEAUMONT PROPERTY JEFFERSON COUNTY, TEXAS CJ 6061 PhilipNola n Registered Professional Land Surveyor Texas Registration No. 6061 1 14/02/19 REVISED ROUTE — IFA N0. I DATE I REVISION DRAWN BY. NM _ SHEET: 3 OF 3 CHECKED BY: PGN SCALE : AS SHOWN APPROVED BY: PON DATE: 11/27/18 CAD FILE: 13085-01—TX—JE-077.000—ORBIT.DWG PROJECT: Orbit Gulf Coast NGL Exports, LLC TRACT NUMBER: TX -JE -079.310 ACCESS ROAD 40 COUNTY: Jefferson County, Texas TEMPORARY ROAD ACCESS EASEMENT STATE OF TEXAS COUNTY OF JEFFERSON This Road Access Easement (the "Easement"), effective , 2019, between City of Beaumont, Texas ("Grantor"), whose mailing address is 801 Main Street, Beaumont, Texas 77705, U.S.A, and ORBIT GULF COAST NGL EXPORTS, LLC, a Delaware limited liability company, whose address is 1300 Main Street, Houston, Texas, 77002, and its successors and assigns (such entity and its successors and assigns are collectively referred to as the "Grantee"). For $10__,__00 and other good and valuable consideration, Grantor grants to Grantee, subject to the terms and conditions stated in this Easement, non-exclusive right of entry and access to the properties as shown in Exhibit "A". 1. The term of this Easement shall be for a period of eighteen (18) months from the date of execution. However, if Grantee has completed its use of this Easement prior to the eighteen (18) month period and so states in writing, then the Easement shall immediately terminate. 2. Grantee will promptly repair any and all damage done to the Access Road caused by Grantee's use. Further, Grantee will pay for any and all damage caused from Grantee's use of the Access Road. 3. Grantee understands that Grantor has not inspected the Access Road's condition and surrounding properties. Grantee's right to enter the property and utilize the access road is on an "as is" basis and at Grantee's sole risk. 4. Grantee must use the access road solely for the purposes specified. Grantee will not hunt or fish on any of Grantor's property. Grantee also will not bring any firearms or fishing equipment onto the access road. 5. Grantee must indemnify, defend and hold harmless Grantor, Grantor's heirs, successors, assigns, transferees, employees, agents, lessees, contractors, subcontractors, as well as trustees, beneficiaries, relatives, partners, officers, directors and related or affiliated entities from any and all liens, claims, demands, costs (including but not limited to attorneys' fees, accountant's fees, engineer's fees, consultant's fees and expert's fees), expenses, damages, losses and causes of action for damages because of injury to persons (including death) and injury or damage to or loss of any property or improvements caused by Grantee's acts or omissions. 6. This easement may be signed in counterparts and all such counterparts shall be deemed as originals and binding upon each party executing any counterpart and upon their respective heirs, representatives, successors and assigns. Facsimile signatures shall be deemed as an original signature by the enforcing party. 7. All modifications of this Easement must be in writing and signed by both parties. EXECUTED this day of , 2019. Exhibit 3 11 11 0 f4 I Payment Statement Tract Number: TX -JE -079.310 Landowner Name(s): City of Beaumont Orbit Lone Star $433,820.00 Total Payment for Right Of Way Total Payment for Anticipated Damages Description of Anticipated Damages Total Payment for Right Of Way Total Payment for Anticipated Damages Description of Anticipated Damages $3,010.00 Total Payment for Access Roads Total Payment for Surface Site Total Payment for ATWS $436,830.00. Total Payment Amount Landowner Date Landowner Date Right of Way Agent Date ;1 5.0 �E �e 0072�OOT C E-0r�4 tall A� ,NE-079.00Q J 00 JE�OB3p!dOQ �1 TX-092 22D JE-0'82.900 F, T7X01EEL-0'Tv0t4Xt428,3,`i,F03'E�408� sC0•a"�J ` aoQc5�.T37b,F0CJ0CEL -07'D�X\D^0 �E i-0tYfZ,Br•'y4��. "' �i Q' �g !TXt(r J�JE""-0^803140 Kuvar`��r �- Ot�-TJEX 0JE 0A8:000 T , ' J EE-0f19953 001 iO=84000 VT,X' - *900Kms7'X 9bQXEp85300 14X-JE,z-0.900007X JEud100D 7 .JE890 TXJE 0390DTXJE-086300 TXJE 86000t1E7PA1Xt JE-05�000,V Ti�JE67j3c1T'TX,E '300-0 60, rT- JE05(16�31'`)(---00D J-092001 i1 TJE 0830TXrE051 300. 0JF d`8 92 IrTlXJE 64 300 ,.JE 09OOQ ��� t r�-S�• •:F�An�dTD€�ET°x0_-,v�1EEro07722�324z�t�rt, C.f?w4r- k EO" ` TX JE O -2 4 TCTxJE4J,n A'J E-095r.3Tr2J,� s1 JEQ7�9Q6T-0A- 245ETTXJE-095:3104S55 E.TX 32XX-JE-05 300 TX JE-OlC35=E M�000 1 4� 3� Y T -71E-095 34] n t,t TX-JE 070+160 k8 `47 `TX-JE�7D 35Q 4p a TX JE 050320 r =4 _ 4 r W lloa� TX JE-076310 -JE-0953k ¢' '' ( TXJE-095 901 fj'rt TX-,E-070305Bayo TXZIE-068300 L � �C�JE•097300 TXJE-0983001 TX-JE-096 000 TX=_J_E-_098 310 -A1 -- TXJE-09B 320 TX'Jf73�1�, TX-JE-079310 1 }; .., 4 �`TX JE=8340 JE-098330 7- TX-JE-098350 is az TX-JE-0 { �. '.24528 � v HfLLESRAND, C_ � t4 A-2452t GRANGE A6' �} A=24514! — 7 !-JE-106.300 2018 Microsoft Corporation, @ 4,5 t 1 Distribution • 1 •O 1 - O --P� CLSELEMPTOVEP-WR=Q_yqp_mw_ • •• - .• ..•• • • • • EJ BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: August 27, 2019 REQUESTED ACTION: Council consider a resolution approving a contract with Waller County Asphalt, Inc. of Hempstead, Texas to supply ASPPM Asphaltic Concrete Patching Material. M::_ 4"IC"RelL 01 C In July 2018, the City Streets & Drainage Division incorporated All Season Pre -coated Patching Mixture (ASPPM) as an alternative for trial use for patching asphalt potholes. Over the past year, pothole repairs using ASPPM Grade IV patching material have proven to be far more durable and longer lasting than repairs made with previously used patching materials. The Texas Department of Transportation (TxDOT) developed the material specifications for ASPPM and established the Material Producer List of facilities qualified to produce this mixture. For this contract, the awarded vendor is required to be on this approved list of suppliers. Unit pricing was requested in the specifications for both plant pick up by City personnel and delivery by the vendor. Bids were requested from twelve (12) vendors; four responded. Logan County Asphalt Company from Guthrie Oklahoma submitted the apparent low bid but did not calculate their price per ton correctly for material delivered. 'Bid tabulation is attached. Specifications allow for a six-month contract with the option of two renewals of six-month extensions at the same pricing as the awarded contract. The Administration recommends awarding the contract to the low qualified bidder, Waller County Asphalt, Inc., with a total estimated six-month cost of $128,352. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were received for a six (6) month contract, with two (2) additional options to renew for six (6) month terms at the same pricing as the awarded contract, for the supply of All Season Pre -coated Patching Mixture (ASPPM) for use by the Streets and Drainage Division for the patching of asphalt potholes; and, WHEREAS, Waller County Asphalt Company, Inc., of Hempstead, Texas, submitted a complete responsive bid as shown on Exhibit "A," attached hereto, for a total estimated amount of $128,352.00, respectively; and, WHEREAS, City Council is of the opinion that the bid submitted by Waller County Asphalt Company, Inc. should be accepted, respectively; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Waller County Asphalt Company, Inc., of Hempstead, Texas, for a six (6) month contract, with an option of two (2) renewals of six (6) month terms at the same pricing as the awarded contract, to supply All Season Pre -coated Patching Mixture (ASPPM) for use by the Streets and Drainage Division for the patching of asphalt potholes as shown on Exhibit "A," attached hereto, for a total estimated amount of $128,352.00, respectively, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Waller County Asphalt Company, Inc., for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of August, 2019. - Mayor Becky Ames - CITY OF BEAUMONT - PURCHASING DIVISION 6 EAU M®NT Terry Welch, Senior Buyer T E x A s 409-880-3107 terrv.welch(a)beau monttexas.gov BID TABULATION: Six(6) Month Contract for Road Materials - ASPPM Asphaltic Concrete Patching Material BID No.: TF0719-46 OPENING DATE: Thursday, August 15, 2019 Vendor Waller County Asphalt, Inc L.A. Fuller & Sons Const LTD # Logan County Alphalt Co. Gulf Coast a CRH Company City / State Hemstead, Tx Amarillo, Tx Guthrie. OK Beaumont, Tx Description: ASPPM Grade 4 Asphaltic Concrete Unit Unit Unit Unit Patching Material Qty/TONS Price/Ton Total Total Price/Ton Total Price/Ton Price/Ton Total Plant Pickup 600 $92.00 $55,200.00 $110.00 $66,000.00 $ 99.75 $ 59,850.00 Delivered 600 $121.92 $73,152.00 $255.00 $153,000.00 $ 80.25 $48,150.00 TOTAL FOR PICK UP AND DELIVERY $128,352.00 $219,000.00 $108,000.00 # Logan County Asphalt included delivery fee only for the unit cost of material per ton delivered. Actual unit cost including material and delivery per ton bid would have been $180 per ton for a total bid of $108,000 for that line item with a total bid price of $167,850. Bidder agrees that bid numbers as written were too low. " Denotes NON-RESPONSIVE BID - Gulf Coast, A CRH Co. did not bid the required material. Low qualified bid was received from Waller County Asphalt, Inc. 11 E F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: August 27, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 1, accept =maintenance, and authorize a final payment to Signature Group for the construction of the Beaumont Municipal Airport Box -Hangar Access Taxiway Project. BACKGROUND On April 30, 2019, by Resolution No. 19-088, City Council awarded a contract to Signature Group, of Port Neches, for the construction of the Beaumont Municipal Airport Box -Hangar Access Taxiway Project in the amount of $129;057.00. Change Order No. 1, in the amount of $7,015.23, is required to adjust the estimated quantities in the contract to reflect actual quantities used in the completion of the project. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of Change Order No. 1, maintenance and final payment in the amount of $82,018.76 is recommended. FUNDING SOURCE Oil and Gas Revenues in the Municipal Airport Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on April 30, 2019, the City Council of the City of Beaumont, Texas passed Resolution No. 19-088 awarding a contract in the amount of $129,057.00 to Signature Group, of Port Neches, Texas, for the Beaumont Municipal Airport Box - Hangar Access Taxiway Project; and, WHEREAS, Change Order No. 1, in the amount of $7,015.23, is required to adjust the estimated quantities in the contract to reflect actual quantities used in the completion of the project, thereby increasing the total contract amount to $136,072.23; and, WHEREAS, the project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 1, in the amount of $7,015.23, for additional work described above, thereby increasing the total contract amount to $136,072.23 for the Beaumont Municipal Airport Box -Hangar Access Taxiway Project; and, BE IT FURTHER RESOLVED THAT the Beaumont Municipal Airport Box - Hangar Access Taxiway Project be and the same is hereby accepted; and, BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $82,018.76 to Signature Group, of Port Neches, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of August, 2019. - Mayor Becky Ames - RESOLUTION NO. 19-088 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the Beaumont Municipal Airport Box -Hangar Access Taxiway Project; and, WHEREAS, Signature Group, of Port Neches; Texas, submitted a complete bid meeting specifications in the amount of $129,057.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Signature Group, of Port Neches, Texas, is the lowest responsible bidder providing the best value to the City and should be. accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to -this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to Signature Group, of Port Neches, Texas, in the amount of $129,057.00, for the Beaumont Municipal Airport Box -Hangar Access Taxiway Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Signature Group, of Port, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. EXHIBIT "A" PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April, 2019. yor B cky Ames - F9 9 CITY OF BEAUMONT DATE: A0=0at 20.2019 JoRiGr.%AL CO\TRACT Tim (DAYS): 1 60 PROJECT' BEAUMOvTMUNICIPALAIRPORT SOX-RANGAR ACCESSTACIWAY ' OWNER. CITY OF BEAUMONT JADDITIONAL TME REQUESTED: 0 CONTRACTOR: SIGNATURE GROUT ' CHANGE ORDER NO: 01 -FINAL. NtlY CONTRACTT11i� - 60 THE POLLMMG CHANGES IN THE PLANS APD/OR SPECIFICATIONS ARE HEREBY MADE: Ad ot6esstimatedq ..ivamt flw the actual gmntitie Wi the wmpkv'w 0M."mice Item X. Item Cede D..AptHO Unit 0`6,Newom dry UORPaitr TWA . 06 P-156 Erasiw CwO01 Gama -Silt Fence LF. " SSOAO 29A0 5 237 S. IIM-071 12 99" Conmee C—E—.(R—i,gla.. fc cuMt(Place bdlmek i dmimge pipe) LS typ o.00 S UF76A0 5 (t3i76A0) 12, 9999 Cmmtm CwaumiOn E=r (R__i-.0— foen611PWce bdl rocle8 drainage DtDe1 L5 OAO IAO S - 21."300 S 21."6D0 TOTAL: s 7.ot. z3 O-CALERDER DAYS ARE ADDED TO THE CONTRACT TIDO, BY THIS CHANGE ORDER ORIGINAL CO\'lRACT.A}IOUNTi S 3;129,057.00 NET FROM PREVIOUS CHANGE ORDERS: S 1T0T m&u-,TOFTHtSCH.VhGEORDER:- , S 'tY7-U15�`�e PERCENT OFTHIS CHANGE ORDER _ 5.339: TOTAL PERCENT CHANCE ORDER TO DATE- 5.33!: �NEN_COITELICTA�iOUFTi~yam S <-1363-7_23y 0 ACCEPTED BY: l .s� � PREPARED BY: !�ZC/ . / 1 I,H/1�jv�•p 8�2 / SIGNATURE GROUP, REPRESENTATIVE DATE PMIIN'UON WHITT DATE ROADWAY DESIGNER -1 tIEVIE�V l': REVIEWEDBY: T/2 14 qof ti HAROLDCROCHET DTE DIC P. ROADWAY -DESIGN-S UBW�ORKS DIRECIDW APPROVED BY: ATTESTED BY: KYLE HAVES CITY MANAGER DATE TINA BROUSSARD. CITY CLERK DATE � Ll c | � c 7 a'=■q�@s@�■■! §i /RSE;=. -� „ R,��-�-, , §§ 2) : § ;\k-k-\!kk§}\\ ,9L °k , yam§s§s&mm,■ %w.. -.,.,..... /{ 00 .§a �o ��d=..es,.,#., d .ici _�2 §§§o�2to 0 1:10 q;,#ami#■! :3 { a® MLU /§?§§§.2,al=!§.... ..lE2 � k0�k�§ §§§2222, ±,�__�-.%_� , ; • a2;2 § Q � k / =k�• } ■ - �2;t § kS 8,6 „ 2■e=!!|/�i -el-■z2R!2 2 2 Z Z t\2§m. • E§§■2- E2_;;■;_,;.;«:; . 7 G BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: August 27, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 1, accept maintenance and authorize a final payment to McInnis Construction, Inc. for the Beaumont Municipal Airport Utility. Improvements Project. BACKGROUND On March 26, 2019, by Resolution No. 19-069, City Council awarded a contract to McInnis Construction, Inc., of Silsbee for the Beaumont Municipal Airport Utility Improvement Project for the extension of water and sewer lines in the amount of $111,927.45. Change Order No. 1, in the amount of $3,516.45, is required to adjust the estimated quantities in the contract to reflect the actual quantities used in the completion of the project, and the addition of five (5) calendar days which were needed due to weather and utility coordination delays during construction. The project has been inspected by Water Utilities and found to be complete in accordance with the provision and terms set forth in the contract. Acceptance of Change Order No. 1, maintenance and final payment in the amount of $784.69 is recommended. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on March 26, 2019, the City Council of the City of Beaumont, Texas passed Resolution No. 19-069 awarding a contract in the amount of $111,927.45 to McInnis Construction, Inc., of Silsbee, Texas, for the Beaumont Municipal Airport Utility Improvement Project; and, WHEREAS, Change Order No. 1, in the amount of $3,516.45, is required to adjust the estimated quantities in the contract to reflect actual quantities used in the completion, and addition of five (5) calendar days which were needed due to weather and utility coordination delays during the construction of the project, thereby increasing the total contract amount to $115,443.90; and, WHEREAS, the project has been inspected by the Water Utilities Division and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 1, in the amount of $3,516.45, for additional work described above, thereby increasing the total contract amount to $115,443.90 for the Beaumont Municipal Airport Utility Improvement Project; and, BE IT FURTHER RESOLVED THAT the Beaumont Municipal Airport Utility Improvement Project be and the same is hereby accepted; and, BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $784.69 to McInnis Construction, Inc., of Silsbee, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of August, 2019. - Mayor Becky Ames - RESOLUTION NO. 19-069 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the Beaumont Municipal Airport Utility Improvements Project; and, WHEREAS, McInnis Construction, Inc., of Silsbee, Texas, submitted a complete bid meeting specifications in the amount of $111,927.45; and, WHEREAS, the City Council is of the opinion that the bid submitted by McInnis Construction, Inc., of Silsbee, Texas, is the lowest responsible bidder providing the best value to the City and should be'accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are .hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to McInnis Construction, Inc., of Silsbee, Texas, in the amount of $111,927.45, for the Beaumont Municipal Airport Utility Improvements Project; and, BE 1T FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a Contract with McInnis Construction, Inc., of Silsbee, Texas, for _ the purposes described herein. The meeting -at which this resolution was approved was in all things conducted in. strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 0 EXHIBIT "A" PASSED BY THE CITYCOUNCIL of the City of Beaumont this the 26th day of March, 2019. oA91 PIP Lu - ayor Yecky Ames - ��OAoaoe�m. i APPROVAL OF CONTRACT CHANGE CHANGE ORDER`No: One.`(1)_ `August"1°4 3019- Page 1 of 1 PROJECT: City, of Beaumont, Texas Ouanti Beaumont Municipal Airport Utility Improvements . OWNER: City of Beaumont, Texas 801 Main Street 2a Connect Proposed 8" to Existing 8" Beaumont, Texas 77704 CONTRACTOR: McInnis Construction, LLC 5 Furnish & Install - 8" Class 150 C-900 PVC 675 S 4th Street 50.00 Silsbee, Texas 77656 TO THE OWNER: Approval of the following contract change is requested. Reason for Change: To adjust the existing bid item quantities due to differering site conditions. ORIGINAL CONTRACT AIVIOUNT 8. Furnish & Install - 8" MJ Tee THIS CHANGE ORDER i i Item No. Description: Unit Price Ouanti Net Change ADD: 2a Connect Proposed 8" to Existing 8" $2,200.00 / EA. 1.00 $ 2,200.00 5 Furnish & Install - 8" Class 150 C-900 PVC $32.20 / L.F. 50.00 $ 1,610.00 7a Furnish. & Install - 6" Gate Valve $1,800.00 / EA. 2.00 $ 3,600.00 8. Furnish & Install - 8" MJ Tee $724.50 / EA. 2.00. $ 1,449.00 9 Furnish & Install - 8" MJ 90 -degree Bend $414.00 / EA. 1.00 $ 414.00 19 Furnish & Install - 8" x 6" MJ Reducer $400.00 / EA. 1.00 $ 400.00 20 Furnish & Install - 8" x 6" MJ Tee $700.00 / EA. 1.00 $ 700.00 DELETE- 4 Abandon Existing Water Line $13.0 / L.F. 115.00 $ (1,606.55) LD Liquidated damages assessed $250.00 / Day 21.00 $ (5,250.00) NOTAL AMOUNT OFkTHIS CHANGE ORpER: i� $ 3,5:16 45 TOTAL REVISED CONTRACT'AMOUNTILACLUDING THIS CHAIVGE'ORDER: $ `= 315,4'43 90 CONTRACT TEWE Original Contract Time: 30 Calendar Days Additional Time Requested: 5 Calendar Days Revised Contract Time per this Change Order: 35 Calendar Days CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of, and the time required to perform the entire work under the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended by: Approved by:- or� C' of B ont City of Beaumont McInnis Construction, LLC lic Works Director Owner Contractor Date: ZVZ I Date: Date: &^ (a ( l' f q IX%U.-XFRMD AppDL U—DtL—fk%Windews'JNdC..hrclCa.—OW-I%TQX19rY31Ch ge0,dn B.W,F., lD Application and Certifica te. for Paym en t TO OWNER: CITY OE BEAUMONT PROJECT: BEAUMONT MUNICIPAL AIRPORT APPLICATION'NO: 003 Distribution to: 801 MAIN STREET UTILITY IMPROVEMENTS PERIOD TO: June 13, 2019 -OWNER: ❑ BEAUMONT, TX 455 KEITH.RD, BEAUMONT; TX $31516.45. $0.00 NET CHANGES by Change Order 77713 CONTRACT FOR: UTILITY -ARCHITECT: ❑ FROM McInnis Construction, Inc. VIA CONTRACT DATE' CONTRACTOR: 675 S..4TEI STREET ARCHITECT: PROJECT NOS: /McInnis CONTRACTOR: ❑ SILSBEE, TX 77656 Construction, Inc. J CrIy OF BEAUMONT' FIELD: ❑ CONTRACTOR'S APPLICATION .FOR PAYMENT Application is made for payment, ns. shown below,, in cormoctionwith the Contiact. Continuation Shbet,.AIA Document G703, is.attached. 1.ORIGINAL CONTRACT SUM ......................... :...................................................... $1.11,927:45 2. NET CHANGE 13Y CHANGE ORDERS.................:............................................... S3;516.45 3. CONTRACT SUM TO DATE (Line 1 =L 2) ................................................ I............ $1.15,44190 4. TOTAL COMPLETED & STORED TO DATE (Column G on.G703) ................:. $115;443:90 5:.RETAINAGE: a 0 %. of Completed Work (Column D + E on 0703) b. 0 % of Stored Material $0.00' OTHER.: Q The undersigned Contractor certifies that to the best ''of the Contractor's knowledge, information and belief the Work covered. by this Application for Payment has: been completed in accordance with the Contract Documents, that all.amounts'have been paid. by the:Contra'ctor for Work for which previous Certificates for Payment were issued and payments received from the Owner, andahat current payment' shown herein.is now due. CON T rr - BY: 4 otu Dat ytiYllmUfib 2019' State of T �����,�/ County of: Subsenbedan swom to before me. this l Q . day of (ColumnF'on,G.703)- $0.00 NotaryPubiic: •IIARDIA TotaLRetainage:(Lines 5a+54,or Total in Column I of G703) ...... ........... $0.00 My Commissionexpire's: 6. TOTAL EARNED LESS RETAINAGE................................................................... $115,443:90 (Line.4 Less..Line 5 Total) 7. LESS PREVIOUS,CERTIFICATES FOR PAYMENT .. ........................................... 'S114,659:21 (Line•.6 from prior Certificate)_ 8; CURRENT PAYMENT DUE...... ..................................................................... 1 $784.69 9. BALANCE TO FINISH,.INCLUDING RETAINAGE (Line 3 less Line 6) $0.00 CHANGE.ORDER SUMMARY ADDITIONS DEDUCTIONS Total changes approvedin.previous.months by Owner $3516:45 S0.00 Total approved this. Month $0.00 $0..00 TOTALS $31516.45. $0.00 NET CHANGES by Change Order $3;516.45 -� O:,�pFtY PUB V( nr I W)9 �;. �c : • a ARCHITECT'S CERTIFICATE FOR:PAYMENT I4 accordance with the'Contract Documents, based.on on-site observations and the data cominsing'this application, the; Architect certifies -,too the Owner that -to the best of the Archtect's knowledge, information and belief the Work las.progressed .as indicated, the quality .of the Work is in, accordance with the. Contract'Documents, and the, Contractor is entitled to payment of the AMOUNT CERTIFIED. AMOUNTCERTIFIED...................................................................................... $784:69 (Attach explanation ifamount certified d Pers. from flim amount,applied. Initial all fortres;:on this Appl' tion and'on the Contiri'uation Sheetthat:are: dlianged to conform with the.. amountcerted.) . ARC �\ G'� C� 1 l By. T� V Date: 1� OC ! I This Certificate. is: not negotiable' The AMOUNT CERTIFIED is 'payable only to the Contractor named herein.. Issuance, payment and acceptance of payment are:witheut prejudice'to any rights of the-Owuer.or Contractor under this -.Contract AIA:Document. G7p2?" —1992. Copyright®1953, 1963, 1965; 1971, 1978, 1983 and 1992 by The American lnsfitute�of Acch(tects. All right Copyright Law,ariB laYeirmatiorratTreaGes. Unauthdiiied:reprcsduction:or distriliuiion:of.tfiisAIA° boeument; oPany'portlon of tt; ma to th.`mazimum extent possible uniierthe'.taw. This document was produced by AIA software a[ 15.12:26; ET on 0 811 612 01 9 undefOrder User Notes: )r resale. ` (3B9ADA6E) ..rR, .1A Document 6703 o 1-992 Continuation Sheet ATA Document, G702TM--1992, Application and Certification for Payment, or G736T"' 2009, APPLICATION NO: Project Application and Projebt Certificate for Payment, Construction Manager as.Adyiser Edition. containing Contractor's signed •certification is attached. APP/ ICA?[ON DATE: In tabulations'below, amounts afe'inUS dollars. PERIOD T0: Use Column I on Contracts. where variable "retainage for line: items may. apply. ARCHITECT 5 PROJECT NO: 13,:20.19 (June 13,::2019 A B C D E F G H I WORK COMPLETED MATERIALS. TOTAL ITEM DESCRIPTION OF SCHEDULED PRESENTLY COMPLETED AND °j .. BALANCE TO RETAINAGE FROM NO. WORK VALUE STORED STORED'TO DATE(G='.C) FINISH (IF VARI-ABLI, PREVIOUS THIS. PERIOD (NOT 1N.D ORE) (D + E +F) (C - G) RATE) APPLICATION (D+E) 1 MOBILIZATION. 1,955.00 11955.00 0:00 0:00 11955.00 100.00%° 0;00 97:75 CONNECT TO EXISTING 2 WATERLINE 3,220.00 3,220.00 0.00 0.00 3,220.00 100:00% 0.00 161.00 FURNISH/INSTALL 8 INCH TAP WATER 3 LINE 2,300.00 2,300.00 0.00 0.00 2,300.00. 100.00% 0.00 115:00 ABANDONMENT OF EXISTING 4 WATERLINES. 1;606.55 1,606:55 0.00 0.00 1,606055 100.00% 0.00 8033 FURNISH/1NSTALL.8 INCH -CLASS 1:50 �C= 5 90D -WATERLINE.. 22,862.00 22,862.00 0.00 0:00 '22,862.00 100.00% 0.00 .1,14110 FURNISHIMSTALL. FIRE HYDRANT 6 ASSEMBLY 5,635.00 5,635.00 0.00 0:00. 5,635.00 100.00%0 0.00 281.75 FURNISH/INSTALL WEDGE GATE 7 VALVES. 3,956.00 - 3,956.00. 0.00 0.00 3,956.00 100.00%° 0.00 19.7:80 FURNISH/INSTALL 8 IMITEE 724.501- 724.50 0.00 0.001 724.50 100.00% 0.00 36.23 RURNISH/INSTALL 9 MJ 90 DEGREE -BAND, . 414.00 41.4.00 0.00 0:00 414.06 100.00% 0.00 20.70 AIA Document G703TM -.1992. Copyright O 1963; U S: Copyright Law and fnfemad'onal Treaties:C prosecuted to•the maxlinum:extent poisl6k uric resale. User Notes: 1966; 19671970; 1978, 1983 and 1992 by The,Amedean'Institute of Architects; All rights reserved: WARNINi ibaied'rep'rbd4tti6nAr'dlstri6ot'ron-oEthii�.AIAo2 9dcdni6rA '6r any",'goition of itt may:re'stilf fnsBvete°eivi' e'law.-This document was•produced by AIA software.at 15:04:35 ET on 08/1612019 under OrdeFNo'-97941,3576 enaltes, andwill be � 9 on 06/13/2020, and is not'for (3139ADA70) A B C D E, F G H WORK COMPLETED MATERIALS TOTAL. ITEM DESCRIPTION OF SCHEDULED PRESENTLY COMPLETED AND % BALANCE TO RETAINAGE FROM NO. WORK VALUE STORED STORED TO DATE(G=C) FINISH (IF VARIABLE. ?REVIOUS .APPLICATION THIS PERIOD (NOT IN D OR -E) ,(D+E+F) :(C - G) RATE) (D +-E) FURNISH/INSTALL HDPE PE 3409 SDR -9, 200 PSI SHORT SIDE SERVICE 10 CONNECTION 661'.25 66115 0.00 0.00 661.25 100.00% 0.00 3106 CEMENT STABILIZED BACKFILL 11 MATERIAL 30,797.00 30,797.00 0:00 0.00 30,797.00 100.00% 0.00 1,539.85 FURNISHANSTALL FIBERGLASS SANITARY SEWER 12 MANHOLES 8,280.00 8,280.00 .0.00 0.00' 8,280.00 100.06% 0-.00 414.00 8 INCH'SDR-26.PVC SANITARY. SEWER LINES TO BE FURNISHEDANSTAL LED BY OPEN 13 TRENCH METHOD 12,834.00 .12,934.00 0.00 0.00 12,834.00 100.00% 0.00 641.70 6 INCH SDR 26 SANITARY SEWER LINE FURNISHED/INSTAL LED BY OPEN 14 TRENCH METHOD. 11,487.60 11,487.60 0i00 0.'00 11,487.60 100.00%, 0.00 574.38 ABANDONMENT' OF EXISTING SANITARY 15 SEWER- 1,996A0 1,99.6.40 0.00 0.00 1,996.40 100.00% 0.00 ;99:82 FURNISHANSTALL SHORT SIDE SERVICE 1.16 lCONNECTIONS UP I 645.151 645.151 0.001 0.001 645, 151 100.00%1 U.001 ALA Document G703T! —1992. Copyright CopyrightlaW and lhteffiatldha4Tiri4, User Notes: 1967,1970,1978,'1983 and 1962 by The Amerl( fhIs documentwas produced byAlAsoftwara at 19,under'Order No. ww' 2 on 06113/2020, and is not for (3B9ADA70) A B C D E F G' H I WORK COMPLETED MATERIALS TOTAL ITEM DESCRIPTION OF . SCHEDULED' 'PRESENTLY COMPLETED.AND 0/0 BALANCE TO RETAINAGE NO. WORD VALUE FROM PREVIOUS STORED STORED . TODATE G — C (:. ) FINISH �(¢ VARIABLE APPLICATION THIS PER16D (NOT IN D OR E) (D + E + F) ,_ (C - G) RATE) + E) TO PROPERTY LINE TRENCH SAFETY 17 PLAN 1,725.00 1,725:00 0.00 0.00 1,725.00 100.0:0% 0.00 86.25 TRENCH -SAFETY 18 SYSTEM 828:00 828.00 0.00 0.00 828.00 100:00% '0.00 41.40 19 C/O #1 3,516.4$, 3,516.45 .0.00.7 0.00 3;516:45 100.00% 0:00 175.82 GRAND TOTAL I $115;443:90. $115,443.90 $0:00 $0.00 $115443.90 100:00% $0.00 85,77210 AIA Document G703Tm —1992: Copyright 9:1963; 1 laurand`InfematibnalTieatie'siiUn prosecuted to ike maximum:extentposs141tunde resale. User Notes: .1967,1970,1978,1983 and 1992 by The American Institute of Architects. All rights m s;eryed:,-WARM Q1!Th7s AIAe Doctrme0t as pTAtected bar j repkodr3etion.or:distritiiitior of.this Ald° Docuine6t''oY any -porton of.it niay.result,iri"severe-cTvi4and cFlminal'peri lees and will be This document was produced by AIA software at15:0435.ET on 08/16/2019 untterbrder No. 9794i35762.which'expireson 0611 and is not for (3139ADA70) 3 11 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: August 27, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a lease agreement with the Beaumont Art League. BACKGROUND The Beaumont Art League is located at 2675 Gulf Street and has a mission of supporting the visual arts and arts education in Southeast Texas. The City owns the land and building and has leased the property to the Art League since 1977. The City's current lease with the Art League expires on August 31, 2019 and the proposed agreement would extend the lease by one year. FUNDING SOURCE The City will receive $1.00 upon execution of the lease. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, or his designee, be and they are hereby authorized to execute a Lease Agreement between the City of Beaumont and the Beaumont Art League for the lease of property located at 2675 Gulf Street for a one (1) year term commencing on September 1, 2019 and ending on ' August 31, 2020. The Lease Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of August, 2019. - Mayor Becky Ames - THE STATE OF TEXAS COUNTY OF JEFFERSON § LEASE AGREEMENT THIS LEASE CONTRACT, dated September 1, 2019, by and between the City of Beaumont, a municipal corporation of Jefferson County, Texas, acting herein by and through its duly authorized City Manager, hereinafter referred to as LESSOR, and the Beaumont Art League, a corporation of Jefferson County, Texas, acting herein by and through its legally constituted officers, hereinafter referred to 'as LESSEE; WITNESSETH: For and in consideration of the sum of One Dollar ($1.00) cash and the performance by LESSEE of the covenants and conditions hereinafter recited, LESSOR does by these presents lease, let and demise unto LESSEE the following described property and improvements thereon, located within the City of Beaumont, Jefferson County, Texas, and being part of Fair Park, and more particularly described as follows: Being a tract of land out of the South Texas State Fair Grounds property in the James Drake Survey in the City of Beaumont, Jefferson County, Texas, and being more particularly described as follows: Beginning at a point lying sixty-seven and sixty-five hundredths feet (67.65') west of the west line of Gulf Street and three hundred sixty-one and thirty-five hundredths feet (361.35') north of the north line of Plum Avenue as both are now established in the City of Beaumont, said point being marked by a one-half inch (1/2") iron rod; Thence west two hundred two feet (202') to corner marked by a one-half inch (W') iron rod, said point being at the south edge of an existing concrete walk and being thirty feet (30') east of the easterly line projected of what is now known as the Agricultural Building; Page 1 of 6 EXHIBIT "A" Thence south 00 degrees 03 minutes west along a line parallel with and thirty feet (30') east of the easterly line of said Agricultural Building ninety-six and sixty-five hundredths feet (96.65') to corner marked by a one-half inch (W') iron rod, said point being in line with the southerly line of said Agricultural Building projected eastward; Thence south 89 degrees 54 minutes east along the southerly line of said Agricultural Building projected eastward two hundred two feet (202') to corner marked by a one-half inch (A") iron rod; Thence north 00 degrees 03 minutes east ninety-seven feet (97') to the place of beginning; The above described tract, herein referred to as Leased Premises, contains 0.449 acres and improvements, more or less; 1. The lease shall be for a term of one (1) year, beginning September 1, 2019 and ending on August 31, 2020, unless terminated as provided for herein. 2. The Leased Premises hereunder shall be used by the LESSEE for the purpose of advancing the arts and for such other further purposes as the LESSEE desires in the furthering of fine arts. 3. LESSOR reserves the right to park motor vehicles on the Leased Premises in connection with its use of the premises for purposes of advancing the arts. 4. LESSOR, its employees and agents, shall have the right at all times to go on or about the said premises for the purpose of inspecting same, or for any other legitimate purpose. Page 2 of 6 5. LESSEE shall not make, alterations, additions or improvements to the Leased Premises or buildings thereon without the prior written approval of the City Manager of LESSOR or his DESIGNEE, and all such alterations, improvements and additions made by LESSEE upon the Leased Premises shall remain upon the Leased Premises at the expiration of this lease and become the property of LESSOR. BI LESSEE shall be responsible for any and all maintenance, repairs, and improvements, either major or minor, that are necessary to the Leased Premises and LESSEE agrees to keep the Leased Premises in a good state of repair throughout the term of this lease or any extension thereof. LESSOR agrees to pay all utility charges during the term of this lease and any extensions. On the expiration of this lease, LESSEE shall deliver the premises described herein and all improvements thereon to LESSOR in good condition. LESSOR may, at its own cost and expense, make improvements or repairs to the Leased Premises, subject to the appropriation of City funds, although LESSOR is under no obligation to do so. The LESSOR shall consult with LESSEE prior to making said improvements. LESSEE shall not sublease or rent any portion of the Leased Premises without the prior written consent of the LESSOR. 8. LESSEE agrees to indemnify and save the LESSOR free and harmless from all claims or liability for damages to any person or persons for injuries to person or personal Page 3 of 6 injuries resulting in the death of any person, or loss or damage to property occasioned by or in connection with the use of the premises hereby rented caused by any source whatsoever, expressly including claims arising from the alleged negligence of LESSOR. LESSEE hereby assumes full responsibility for the character acts and conduct of all persons admitted to said premises, or to any portion of said building by the consent of said LESSEE, by or with the consent of the said LESSEE. a LESSEE agrees to obtain and maintain in full force and effect for the duration of this Agreement, and any extension thereof, Commercial General Liability Insurance on the Leased Premises in the following types and amounts: 8.1 Premises Operations 8.2 Independent Contractors 8.3 Personal Injury 8.4 Advertising Injury 8.5 Medical Payments 8.6 Fire Legal Liability 8.7 Contractual Liability Combined single limit for bodily injury and property damage of $500,000.00 per occurrence with an aggregate limit of $500,000.00 $5,000.00 $50,000.00 $500,000.00 The cost of said policies shall be borne by LESSEE, and said policies shall name LESSOR as a named insured as well as LESSEE. Policies shall provide for fifteen (15) days' notice to LESSOR for cancellation, non -renewal or material change. LESSEE shall further maintain fire insurance with extended coverage endorsements on a replacement basis for the full insurable value covering all of the Leased Premises, with the LESSOR named as co -loss payee. This policy shall be for a tern of not less than one (1) year and renewed annually prior to expiration so long as this lease is in existence. Certificates evidencing said insurance Page 4 of 6 shall be provided to the LESSOR. The certificate shall provide for a minimum of fifteen (15) days' notice to LESSOR of any cancellation of the insurance required herein. Should the Leased Premises or any portion thereof be wholly or partially destroyed or lost by fire, explosion, windstorm, theft or any other cause, any and all monies payable and collectible on policies of insurance covering the Leased Premises shall be paid to LESSOR. LESSOR shall have sole discretion concerning whether to rebuild or repair the Leased Premises or take no action to rebuild or repair. LESSOR has no insurance on contents within the Leased Premises. Should LESSEE desire to insure contents, LESSEE must provide such insurance at its own cost and expense. Should LESSOR opt not to repair the Leased Premises after an insured loss then LESSEE may at its option terminate this lease and whether it terminates or not, shall have no responsibility to repair the damages caused by the insured loss to the Leased Premises, notwithstanding the provisions of Paragraph 6. 10. At the expiration of the term of this lease, LESSEE may hold over on a month-to-month basis only under the same terms and conditions as set out in this lease. Either party may terminate the lease agreement upon sixty (60) days' notice in writing to the other party. In the event of termination LESSEE agrees to remove its property from the leased premises and to leave the premises in good repair without damage. Page 5 of 6 12. LESSOR reserves the right to enter into Agreements with other entities at any time during the term of this Agreement, or any extension thereof, which may limit access to Leased Premises as described. Texas. 13. This lease is made subject to all provisions of the City Charter of the City of Beaumont, EXECUTED in duplicate originals this day of , 2019. LESSOR: CITY OF BEAUMONT ATTEST: KYLE HAYES, CITY MANAGER LESSEE: BEAUMONT ART LEAGUE TINA BROUSSARD, CITY CLERK ATTEST: Jerry F. Blount, President/Chairman (Typed or Printed Name & Signature) Page 6 of 6 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: August 27, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager, or his designee, to execute an agreement with the United States Department of Justice, Drug Enforcement Administration. BACKGROUND The proposed Agreement would allow the City of Beaumont Police Department to detail one of our Officers to the Beaumont Task Force. During the period of assignment, the Beaumont Police Department officer would be under the direct supervision and control of the DEA (Drug Enforcement Agency) supervisory personnel assigned to the Task Force. It also describes the duties and activities that the officer will perform while under the Beaumont Task Force and allow us to jointly and effectively serve the Beaumont Community as a whole. FUNDING SOURCE None. RECOMMENDATION Approval of the Resolution. I RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, or his designee, be and they are hereby authorized to execute all documents necessary, specifically a Provisional State and Local Task Force Agreement between the Beaumont Police Department and the United States Department of Justice, Drug Enforcement Administration (DEA) for the purpose of detailing one (1) experienced officer to the Beaumont Task Force for a period of not less than two (2) years. The Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of August, 2019. - Mayor Becky Ames - PROVISIONAL -STATE AND -LOCAL TASK FORCE AGREEMENT This agreement is made this 1' day of October, 2019, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA %, and the Beaumont Police Department (hereinafter "BPD"). The DEA is authorized to enter intothis. cooperative agreement concerning the use and abuse of controlled substances underthe provisions of 21 U.S.C. § 873. - Whereas there is evidence that trafficking in narcotics and _ dangerous drugs exists in the Beaumont, Texas, area and that- such illegal activity has a substantial and detrimental effect on the health and general welfare of the -people of, the parties hereto agree to the following: 1. The Beaumont -Task Force will perform the activities. and-dutes described below: a. disrupt the illicit drug traffic in the area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other -traditional methods of investigation in order that. the Task Force's activities will result in effective prosecution before the courts of the .United States and the State of Texas.. 2. To .accomplish the objectives of -the Beaumont Task Force, the BPD agrees to detail one experienced officer(s) to the Beaumont Task Force for a period of not less than two years.. During this period .of .assignment, the. BPD officer(s) will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The BPD.officer(s) assigned to the Task Force shall adhere.to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The BPD officer(s) assigned .to the Task Force shall be deputized as Task Force Officer(s) of DEA pursuant to 21 U.S.C. Section 878. 5: To accomplish the objectives of the Beaumont Task Force, DEA will assign -three Special .Agents .to the Task Force. DEA will -also, subject to the availability of annually .appropriated funds or any continuing resolution thereof, provide necessary funds and. equipment to support the activities of the DEA Special Agents and officer(s) assigned to the Task Force. This support will include office space, office supplies, travel funds, fiords for the purchase of evidence and information, investigative equipment,.training, and other support items. 6. The BPD shall comply with Title VI .of the Civil Rights Act. of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all 1 EXHIBIT "A" requirements imposed by or pursuant to the -regulations of the United States Department of Justice implementing those -laws, 28 C.F.R. Part 42, Subparts C, F, G, H and T. 7. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2020. This agreement may be terminated by either party on thirty days' advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination, of this agreement. DEA will be responsible only for obligations incurred by BPD during the term of this agreement. For the Drug Enforcement Administration: Will R. Glaspy Special Agent in Charge For the Beaumont Police Department: James P. Singletary. Chief of Police 2 Date: Date: BE AUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: August 27, 2019 REQUESTED ACTION: Council consider a resolution supporting Councilmeniber W.L. Pate's candidacy for President -Elect of TML. BACKGROUND Councilmember W.L. Pate is a member of the Texas Municipal League (TML) and currently serves as the President for TML Region 16. Councilmember Pate wishes to continue his service to TML and has expressed an interest in serving as President -Elect of TML. Mr. Pate is asking for a resolution of support from the City Council for his candidacy. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. Texas Municipal League Candidate Data Form TML President -Elect Name W.L. Pate,Jr. Current Municipal Councllmember at Large Position City Beaumont, Texas Expiration ofTerm of Current Population of 118,000 Office May 2017 City Please describe your public service experience including all elected and appointed positions in local government. Attachme Please list any TML service'such as policy committees, affiliate. groups, TML region, TML Resolutions Committee, and other TML committees or task forces and the year(s) of service. Attachments Please list any National League of Cities service such as committees and task forces and the year(s) of service. Attachments Please list any other public service activities or experience. Attachments Note: You must attach a copy of a resolution of your governing body supporting your candidacy. You may also attach a biographical sketch or resume. Please note that the TML Nominating Committee shall base -its decision on the candidates' qualifications and interviews, not on the basis of campaigning directed to the Nominating Committee, the TML Board of Directors, other city officials, affiliate groups, or member cities. You must send seven copies of this form and all attachments to; Nominating Committee c/o Bennett Sandlin, Executive Director Texas Municipal League 1821 Rutherford Lane, Suite 400 Austin, Texas 78754-5101 W. L. Pate Biographical Data EDUCATION Graduated with BBA Lamar University 1971 Graduated with MBA Lamar University (Economics) 1972 Masters Degree_ in Military Arts and Science 1978 U.S Army Command and General Staff College EXPERIENCE Worked in Family businesses; Transportation Industry (Trailways Bus Co.) Automobile Dealership W. L. Pate Chrysler Plymouth. Started Travel Agency, Tour Company, and an Advertising Agency. Father retired from Family business in 1976. Faculty member of Lamar University from 1977-1985 Nominated for Lamar University "Professor of the Year" 1984 Started a Personnel Industry in temporary staffing (Morrell) and bought out the franchise contract in 1988. 1988 started Pate Resources Group (PRG Services), a national recruiting and executive search firm 3 offices in Texas 1 in Ohio and The Personnel Source Staffing Firm Received certification as a Certified Personnel Consultant (CPC) and Certified Temporary. Staffing Specialist (CTS) (one of 142 in USA in 1994) Recognized Industry Leader and named "A Visionary" by Staffing Digest, The Staffing Industry's National Publication Recognized as expert witness in employment law Founded Diagnostic Resources LLC in 2015, a diagnostic service provider to primary care physicians MILITARY SERVICE i Joined Army Reserve as a private in 1967, commissioned as an infantry officer at Fort Benning, GA Branch qualified in Transportation and Artillery. with a Prefix 5 Designation for Nuclear, Biological, and Chemical Weapons Battery Commander for155 SP Howitzer Artillery Unit Nominated as "Outstanding Junior Officer in USAR" Recognized as one of the top five USAR Junior Officers in USA Headquarters Commandant for 75th Manuever Area Command, the largest Army Reserve unit in US Graduated from Command and General Staff College as a 30 year old Captain in 1978 Taught Officer Basic Course, Officer Advanced Course in USAR School as well Artillery Advance Course at Ft. Sill, OK during Operation Desert Storm Last assignment was an Instructor for Command and General Staff College before retiring as an LTC. in 1994 Congressional Military Academy Selection Board since 1994 for 3 Congressmen Lampson (D) Poe (R) Weber (R) several years as Chairman Civic and Community Service: TEXAS MUNICIPAL LEAGUE Service Board of Director of TML President of TML Region 16 Past VP of TML Region 16 Past Secretary of Region 16 Certified Municipal Official 2013-2017 currently exceed 90+ hours in 2018 President of TAMCC 1 st Vice President of TAM CC 2nd Vice President of TAMCC NATIONAL LEAGUE OF CITIES Legislative Policy Summit National League of Cities Community and Economic Development Committee 2012 -Present Leadership Fellow of NLC University Platinum Level Training NLC University Past Chairman: American Heart Association Better Business Bureau Mental Health America East Texas Tourist Council Muscular Dystrophy Association Multiple Sclerosis Society March of Dimes Walk America President or Past President: Founder and Executive Director pf Association for the Disabled and Disadvantaged of Texas a 501(c) corporation Babe Didrikson Zaharias Foundation Sales and Marketing Executive Club Lamar University Cardinal Club Reserve Officers Association Vice President of Army Reserve Officers Associations of Texas Board member (Past or Present): Christus St. Elizabeth Hospital Lamar Institute of Technology Julie Rogers Gift of Life Young Men's Business League YMCA Beaumont Spindletop Centennial Commission Lamar University Cardinal Club Art Museum of Southeast Texas W.L. Pate Jr. TML Committee Service Record 2018 Legislative Policy Committee 2016 Legislative Policy Committee on Revenue and Finance Legislative Policy Conunittee on General Government 2014 Legislative Policy Committee on Transportation and Rights -of -Way Legislative Policy Committee General Government 2012 Legislative Policy Conunittee on Utilities and Transportation Legislative Policy Conunittee on General Government 2010 Legislative Policy Conunittee on Utilities and Transportation Legislative Policy Subcommittee on Transportation Issues Rotarian Received . Beaumont Rotary Club "Service Above Self' Award Member Calvary Baptist Church Numerous other civic organizations Instructor at International Safety Training Council for TxDot (Leadership in Strategic Planning) I , % V RESOLUTION NO. 18-193 ,WHEREAS, the Texas Municipal League, or TML, President is given the responsibility of appointing individuals to serve on the TML Nominating Committee; and, WHEREAS, the TML Nominating Committee will review applications and select an individual to serve as President -Elect of TML; and, WHEREAS, Councilmember W.L. Pate currently serves as President for TML Region 16; and, WHEREAS, Councilmember W.L. Pate has expressed an interest in serving as President -Elect of TML; 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 Council of the City of Beaumont supports Councilmember W.L. Pate's candidacy for President -Elect of TML. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of August, 2018. / L - MaycV Becky Ames - RESOLUTION NO. WHEREAS, the Texas Municipal League, or TML, President ' is given the responsibility of appointing individuals to serve on the TML Nominating Committee; and, WHEREAS, the TML Nominating Committee will review applications and select an individual to serve as President -Elect of TML; and, WHEREAS, Councilmember W.L. Pate currently serves as President for TML Region 16; and, WHEREAS, Councilmember W.L. Pate has expressed an interest in serving as President -Elect of TML; 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 Council of the City of Beaumont supports Councilmember W.L. Pate's candidacy for President -Elect of TML. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of August, 2019. - Mayor Becky Ames - BEAUMONT —TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 27, 2019 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognitions * Public Comment: Persons may speak on scheduled agenda items 5 and 6/Consent Agenda Consent Agenda GENERAL BUSINESS 1. Consider a request for a Specific Use Permit to allow general warehousing and storage in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 2488 West Cardinal Drive 2. Consider a request for a Specific Use Permit to allow roadway construction outdoor storage and an office in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 7815 Eastex Freeway 3. Consider a request for a Specific Use Permit to allow small equipment rental in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 1420 West Cardinal Drive 4. Consider amending the Subdivision and Site Development Regulations in the Code of Ordinances, specifically Sections 26.01.006, 26.02.002, 26.02.003, 26.02.004 and 26.05.003 5. Consider authorizing the City Manager to enter into an agreement with Mardi Gras of Southeast Texas, Inc. WORK SESSIONS * - Review and discuss the proposed FY 2020 Budget * Review and discuss the proposed FY 2020 Capital Program JOINT PUBLIC HEARING Receive comments on the proposed FY 2020 Budget and the proposed 2020 Capital Program 6. Consider a resolution postponing the fmal vote on the proposed FY 2020 Budget to September 17, 2019 PUBLIC HEARING Receive comments on the 2019 (FY 2020) proposed tax rate COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager comment on various matters EXECUTIVE SESSIONS Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Jefferson County, Texas v. City of Beaumont, Texas; No. B-198,481 Claim of Nicholas Carlotta Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. 1 August 27, 2019 Consider a request for a Specific Use Permit to allow general warehousing and storage in a GC -MD (General Commercial- Multiple Family Dwelling) District located at 2488 West Cardinal Drive BEAUM.ONT TO: City Council FROM: Kyle Hayes, City Manager C& 4, Ac� PREPARED BY: Chris Bo ne, Planning & Community Development Director MEETING DATE: August 27, 2019 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow general warehousing and storage in a GC -MD (General Commercial- Multiple Family Dwelling) District located at 2488 West Cardinal Drive. BACKGROUND Gulf States Scientific, L.L.C. has requested a Specific Use Permit to allow general warehousing and storage at 2488 West Cardinal Drive. This laboratory supply company will receive supply and small chemical shipments, then distribute them to plants and refineries in the Beaumont, Port Arthur and Lake Charles areas. Hours of operation will be Monday through Friday from 7 a.m. until 5 p.m. At a Joint Public Hearing held on August 19, 2019, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow general warehousing and storage in a GC -MD (General Commercial- Multiple Family Dwelling) District. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. DocuSign Envelope ID: B4ED641D-1435-4D16-9191-OEED649EB45A SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: - THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANTS NAME: Gulf States Scientific, L.L.C. APPLICANTS ADDRESS: 40026 Highway 190 E., Ste. 1, Slidell, LA, 70461 APPLICANT'S PHONE M 985-643-8099 FAX #. 985-643-8099 NAME OF PROPERTY OWNER: Bar C Ranch Company, Inc. n ADDRESS OF PROPERTY OWNER: 24- - C,400q StcZTr /00 . 88!5411,4101irr . TX ?770--Z LOCATION OF PROPERTY: 2488 West Cardinal Drive, Beaumont, TX 77705 LEGAL DESCRIPTION OF PROPERTY: PT TR 6-B BLOCK NO.6 OR TRACT PLAT ADDITIONAnnle T. Warren SURVEY_ NUMBER OF ACRES 1.98 NUMBER OF For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: General Warehousing and Storage ZONE: GC -MD ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PIAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 %" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. . ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN % ACRE.................................................................$250.00 %: ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building siz landscaping and parking areas depicted on the. site plan shall be.adhered to as amended and approved by City C SIGNATURE OF APPLICANT: Doeusigned ey_ �r DATE: 1 9 +8/20(9 SIGNATURE OF PROPERTY OWNER: DATE: 03FWOD8292478... PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 FM NUMBER: r BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A GENERAL WAREHOUSING AND STORAGE FACILITY IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2488 WEST CARDINAL DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Gulf States Scientific, L.L.C. has requested a specific use permit to allow a general warehousing and storage facility in a GC -MD (General Commercial - Multiple Family Dwelling) District for property located at 2488 West Cardinal Drive, being part of Tract 6-13, Block 6, Annie T. Warren Addition, Beaumont, Jefferson County, Texas, containing 1.98 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 warehousing and storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 2488 West Cardinal Drive; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a general warehousing and storage facility 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 warehousing and storage facility in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 2488 West Cardinal Drive, being part of Tract 6-B, Block 6, Annie T. Warren Addition, Beaumont, Jefferson County, Texas, containing 1.98 acres, more or less, as shown on Exhibit 'A," is hereby granted Gulf States Scientific, L.L.C., their legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes. 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" 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. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of August, 2019. - Mayor Becky Ames - MA�i�l Y-'7.✓. y{ �":-^ �`�7 Qtr 1 ��.�--- i a t cwt t. ray 0 K FIT 1 -49' �' -Sr 6®Jt� tx ,�.,•.YY-': d �4�� t� - al? ., e �. s .� "-•LT .� rt ,�� � - d',te F z �`V �Ir1} 7+ `r .� ' ar _ yH a ,� `la.,-rr-+a _.-tet #' ) "+.= �3 ✓ 7 _fit 1 r fr * 3f� is vs '�'; `` , [[y` f� �i,Q •Y�} r �t � ��' � ;�, 4� �,�a� 5 �� j - vr`�%`i� t.i o O' .11Slt:� Ems• �.. t }.�—i�'+i�z .`v, �_ � r`•�i� 1 `` �' :�c,"; � ti%�}' �i ���''..�; .,- � ' � ' �- u-- ,d •�'! .j:. _rk r "` rL a rA �.-• ,%rvz 3�1MIII�r,7�p¢�r�''�` S S ME Kid s gr t of Tulp { r �iMl�.-y��@4� M �xi � ��� t�''�s�� �'r T• f. � fc� r -_` �_ rt �'�'"._ � . -a ? tlL ��j�lt D�• - '.-»; i �'�' }_ �1� i, L rf�`s- r ! � !t I ..d�°f _ la E` - �..Ram ,��7' fsa�,;.i;,7 0 • ®e ' i . I � �4- � ' 4Sd JO ., 1 I }7y�. ; � m � p r-�/��� r� S _ 4 � �� •4 m �`��'4 y t��,yj a •ti '�` '4e r '�` c V`'*i ? r,� f ftp. tr �e i -a•�yys d--_ i y.�y� �%_ the 6iV,"ry��s�+- a� .,.-o It WR i' )�rj r. , -_ - 17 i�' �M ; ,d„ d a > *' _ic?+k.; �+7.+•.�y q?;j fit.,,-.• _ _ I A ..` lS-: � 3�'3 , Y u� � fin',�yt- • a "�. � �:" ' s 7 ^�L-Y"�,a -L�� y `�}�4'A� � , y - �Y. ��-�'.�/: Wt ,1•- � � .; s t � � .� r ' U �-y 0'`°`+��V .,.'.,y,:i 3'��^,t ..'� � ' ,, �� 4640,J c '}��i�4�%:. ,_.i - E '.'i�r.u..:� •'r r , ... <�'Vfl. _ �Y•}f 1PFi�i•I•�' °�1'.i '.' 185.80' 0 0 56.00' ,O m I DUMPSTER m z O 25p �9, WEsr cgRo/N qC DR��6 SITE NOTES 1. MERE WILL BE NO LANDSCAPING PARTIAL SITE PLAN ZONING GC -MD REQUIREMENTS DUE TO ADD17IONAL PARKING Legal Description 2_ THERE ARE NO INCREASES IN PARKING ANNIE T WARREN 6-,� 136 1.00 AC SCI GROUP GENERAL WAREHOUSING REQUIRED FOR THIS SPECIFIC USE PERMIT PARKING 3. TEN (10) PARKING SPACES ARE PROVIDED Site Address INCLUDING ONE (1) ADA COMPLIANT SPACE 2488 W CARDINAL DRIVE SPACES PROVIDED 10 SPACES 4 7MERE WILL NOT BE ANY ADD177ONAL SIGNAGE Prop ID: 110651 THERE SPECIFIC USE PERMIT WILL NOT &DRAINAGE SYSTEM IS EXIS177NG AND WILL NOT REQUIRE ADD177ONAL PARKING SPACES REQUIRE MODIRCA77ON Geographic ID 067050-000-002400-00000-5 EXHIBIT "B" 6.LIGH77NG EXISTS AND WILL NOT REQUIRE 7 NO. 190405 MODIF7CA770IN z CONCRETE DRIVE M Cr AND N PARKING Q O Ld rn o w z 00 C C-9`- zo "� o m CONCRETE LO X Lu DRIVE m U) AND m zPARKING � w U �/= 10' OH DOOR c� Z +. o � Z O 0 m Z /�!.;C9 z v- �O:p 10 ❑ JO N p jJ;O� Q00 m O m 3' ENTRY J N W j� Q z Q Lu Q 1 � Z1 0 o w z vii/ o 40' X 3' ENTRY . w 25p �9, WEsr cgRo/N qC DR��6 SITE NOTES 1. MERE WILL BE NO LANDSCAPING PARTIAL SITE PLAN ZONING GC -MD REQUIREMENTS DUE TO ADD17IONAL PARKING Legal Description 2_ THERE ARE NO INCREASES IN PARKING ANNIE T WARREN 6-,� 136 1.00 AC SCI GROUP GENERAL WAREHOUSING REQUIRED FOR THIS SPECIFIC USE PERMIT PARKING 3. TEN (10) PARKING SPACES ARE PROVIDED Site Address INCLUDING ONE (1) ADA COMPLIANT SPACE 2488 W CARDINAL DRIVE SPACES PROVIDED 10 SPACES 4 7MERE WILL NOT BE ANY ADD177ONAL SIGNAGE Prop ID: 110651 THERE SPECIFIC USE PERMIT WILL NOT &DRAINAGE SYSTEM IS EXIS177NG AND WILL NOT REQUIRE ADD177ONAL PARKING SPACES REQUIRE MODIRCA77ON Geographic ID 067050-000-002400-00000-5 EXHIBIT "B" 6.LIGH77NG EXISTS AND WILL NOT REQUIRE 7 NO. 190405 MODIF7CA770IN DocuSign Envelope ID: B4ED641D-4435-4D16-9191-OEED649EB45A SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28. City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: Gulf States Scientific, L.L.C. APPLICANT'S ADDRESS. 40026 Highway 190 E., Ste. 1, Slidell, LA, 70461 APPLICANT'S PHONE #. 985-643.8099 F #. 985-643-8099 NAME OF PROPERTY OWNER• Bar C Ranch Company, Inc. ADDRESS OF PROPERTY OWNER:-2-61-5- WNER:2-61-5- C,41 -PK 5tiT-Tr,- /00 r Ilellu,17QAT 7 7 770 LOCATION OF PROPERTY: 2488 West Cardinal Drive, Beaumont, TX 77705 LEGAL DESCRIPTION OF PROPERTY: LOTNO. PT TR 6-13 OR BLOCK NO.6 ADDITIONAnnle T. Warren NUMBER OF ACRES 1.98 PLAT SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: General Warehousing and Storage ZONE: GC -MD ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PIAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 %" X 11 ° PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. . ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN % ACRE.................................................................$250.00 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sized landscaping and parking areas depicted on the site plan shall be.adhered to as amended and approved by City C l2 -1i/ SIGNATURE OF APPLICANT: /—oocustgned ty_ DATE:_ 7 SIGNATURE OF PROPERTY OWNER: I `I— -N DATE: 7YI8/2019 PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 FILE NUMBER: BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. Gulf Stites Scientific Services, L.L.C. "Where Service Matters" 8/6/2019 To: Planning and Zoning Commission Attention: Adina Josey 0 Ref: Proposed business operation at 2488 West Cardinal Drive Beaumont, .Texas 77705 Gulf States Scientific is a laboratory supply distribution company that shall service the chemical and petro -chemical market in the Beaumont, Port Arthur and Lake Charles area. Gulf States Scientific will receive bottles, beakers, gloves, .syringes, etc. as well as small chemical quantities that plants and refineries use to perform on-site laboratory testing. All freight will be delivered by UPS, FedEx, LTL or other common carriers. Gulf. States Scientific. shall transport said freight by transit van or Isuzu box cargo truck and deliver to the on-site lab within the plant. Gulf States Scientific shall perform a weekly inventory with a bar code system and send the replenishment order to the designated laboratory supply company. Gulf States Scientific will operate Monday through Friday from 7:00am until 5:00pm. The operation will run with a total of five to seven employees. Thank you for your time and consideration. Sincerely, Martin Jackson General Manager Gulf States Scientific (985) 643-8099 40026 Hwy 190 Fast Ste. 1 ♦ Slidell, LA 704614 Phone 985-643-8099* Fax 98.5-648-8098 ATTACHMENT TO SPECIFIC USE PERMIT APPLICATION 2488 WEST CARDINAL DRIVE Gulf States Scientific, LLC, will comply with the eight (S) conditions listed for a Specific Use Permit by maintaining the following conditions: • Our day-to-day operations will not do anything that would diminish the property value of others or the use and enjoyment of other property. • In no way will Gulf States Scientific, LLC, impede the development and improvement of surrounding vacant property. • Adequate utilities, access roads, drainage, and other necessary supporting . facilities have been provided or will be provided by Gulf States Scientific, LLC. • The general public and adjacent development will not be adversely affected by driveways and parking spaces. • No offensive odors, fumes, dust, noise, or vibrations will occur as a result of Gulf States Scientific, LLC, conducting day-to-day business operations. • Directional lighting will be provided so as not to disturb or adversely affect neighboring properties. • If necessary, Gulf States Scientific, LLC, will provide landscaping, screening, or whatever else may be required to insure harmony with other properties. • The use of the property by Gulf States Scientific, LLC, will be in accordance with the Comprehensive Plan. !OS "'Where Service Matters"' Vendor {[managed Inventory Stockroom Program GSS is a Vendor Managed Inventory company founded in 2001. Our account managers have over 30 years' experience servicing the industrial lab supply market. Customers employ our services to ensure that their laboratory is adequately stocked with lab supplies and chemicals needed to perform all lab testing. Gulf States Scientific Services Office: 985-643-8099 Fax: 985-643-8098 http://www.gss-services:org r " j t[h'�I.'� .1*� Vii• I .,II �. ° 1 i i ;I+ � , - ,.l � , --.:F . �'•i'!a;: of j i.� _r tiJ (. Some of the issues GSS addresses include stock outs, products expiring, quality control, and other issues which prevent the lab from performing the necessary product tests required. Our services include on-site delivery, stocking and inventory of laboratory supplies, sample containers, and solutions/chemicals. GSS provides delivery, inventory, and shelving services to several large chemical and petrochemical accounts across the Gulf Coast. Proud Partners With: Aqua Solutions C & G Containers ® mo 7oixlPa�-0�tJe1". 2 August 27, 2019 Consider a request for a Specific Use Permit to allow roadway construction outdoor storage and an office in a GC -MD (General Commercial- Multiple Family Dwelling) District located at 7815 Eastex Freeway BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager GB PREPARED BY: Chris Bodine, Planning & Community Development Director MEETING DATE: August 27, 2019 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow roadway construction outdoor storage and an office in a GC -MD (General Commercial- Multiple Family Dwelling) District located at 7815 Eastex Freeway. BACKGROUND Angel Brothers Holdings, Corp., has requested a Specific Use Permit to allow roadway construction outdoor storage and an office at 7815 Eastex Freeway. A trailer will be set on the property for office use. The remainder of the property will be used as a, laydown yard for crash barrier and excavation spoils during the Eastex Freeway expansion project. Equipment used to move the barrier will also be stored at this location. At a Joint Public Hearing held on August 19, 2019, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow roadway construction outdoor storage and an office in a GC -MD (General Commercial- Multiple Family Dwelling) District with the following conditions: 1. Grading and driveway permits must be obtained from TXDOT. 2. No disturbance of the property within 25' of the southwest property line or provision of a landscaped buffer to meet City of Beaumont Ordinance standards along the southwest property line. 3. Restore property to original state once project is complete. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Grading and driveway permits must be obtained from TXDOT. 2. No disturbance of the property within 25' of the southwest property line or provision of a landscaped buffer to meet City of Beaumont Ordinance standards along the southwest property line. 3. Restore property to original state once project is complete. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A ROADWAY CONSTRUCTION OUTDOOR STORAGE FACILITY AND OFFICE IN A GC - MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 7815 EASTEX FREEWAY IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Angel Brothers Holdings, Corp. has applied for a specific use permit to allow a roadway construction outdoor storage facility and office in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 7815 Eastex Freeway, being Plat RS -4, part of Tracts 25, 25B, 102 and 116, W.B. Dyches Survey, Beaumont, Jefferson County, Texas, containing 9.5 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 roadway construction outdoor storage facility and office in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 1420 West Cardinal Drive, subject to the following conditions: • Grading and driveway permits must be obtained from TXDOT; • No disturbance of the property within 25' of the southwest property line or provision of a landscaped buffer to meet City of Beaumont Ordinance standards along the southwest property line; • Restore property to original state once project is complete and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow roadway construction outdoor storage facility and an office 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 roadway construction outdoor storage facility and an office in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 7815 Eastex Freeway, being Plat RS -4, part of Tracts 25, 25B, 102 and 116, W.B. Dyches Survey, Beaumont, Jefferson County, Texas, containing 9.5 acres, more or less, as shown on Exhibit "A" is hereby granted to Angel Brothers Holdings, Corp., their 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: • Grading and driveway permits must be obtained from TXDOT; • No disturbance of the property within 25' of the southwest property line or provision of a landscaped buffer to meet City of Beaumont Ordinance standards along the southwest property line; • Restore property to original state once project is complete. 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" 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. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of August, 2019. - Mayor Becky Ames - -P: Request for a Specific Use Permit to allow roadway construction outdoor storage an office in a GC -MD (General Commercial -Multiple Family Dwelling) District. licant: Angel Brothers Holdings Corp. ition: 7815 Eastex Freeway 0 100 200 300 400 I i I I 1 1 Feet EXHIBIT "A" \ NORTi-IGATE ADDITION r \ _ VOL. 9, PC. 164, M.R.J.C. \ LOT 13 8L0CI< 1 14T 15T 16T 17 78T LOT LOT LOT rout19 20 21 Q�i)\ QG'G• h IROM I \ IRON PIPE pn `� e FOUND 5/D' N 48'31'25" W 594,r°u110 s95 +IROtJ ROD — — — — _ — — _ _ — _ (CALLED 11 4 '53'30- W) 1R01I R0 � G-- _ ---- ------ --- --- O�ASMAT--I� — ---- ---- V Ell ARE �V7' '� "LFW- '�- 17.93 N 47'48'17" W -10.10 f (CALLED 11 09137'00' W) — ^ ` _ _ (CALLED Il 46-25'50' W) 4 % r0u110 CAPPED V1F /�/��JL• IR011 ROD _ US 69 Laydown Yard i� TORI IIIDIIWAY PLAP CAL(ED 5 40•I5'OD') (CAl'LED S 461.30• E 652.79) :I 46'04'59' E 65759 POINT OF S BEGINNING rxDDT loc FOUND 5/8' CALLED S IR011 ROD FOUND I- IROI.1 PIPE LEGEND TSI + TELEPHONE SIGN Er + ELECTRIC TRANSrORAIER P + TELEPHONE PEDESTAL E; - EL£CTFUC PEDESTAL TIP - TV PEOESTAL 9.38 ACRES NET 9.03 ACRES 6 - r r 4c^mc"�s J'1�i� 4- .1313T .001 1T V CA E to r Sm6 p SIJ R — ,ncHIYAr p�Fi �y r do 287 existining access —� Drainade in front of property 8 EXHIBIT FOR ZONING REQUEST EXHIBIT "B" IRDII ROD �n �hN m�v M z -LOWER NEWES - VALLEY ALIMOR11Y CLERKS ME 110. 2001029734. O.P.R.R.P.J.C. r- temp drive and parkin( 10'x30' field Off iCE (CqL� IV D Q00 FOUIID 2 1R011 PIPE SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: Angel Brothers Holdings Corp. APPLICANTS ADDRESS: 3003 Kilgore Parkway APPLICANTS PHONE #: (281) 421-5721 FAX #: (281) 421-5796 NAME OF PROPERTY OWNER: ROnald & Belinda Davis ADDRESS of PROPERTY OWNER: 7712 Rosewood Dr., Lumberton, TX 77657-7910 LOCATION OF PROPERTY: Approx. 7815 Eastex Freeway, Beaumont, TX 77708 LEGAL DESCRIPTION OF PROPERTY: LOTNO.128006 OR TRACT 25, 25B, & 116 BLOCKNO. PLAT RS -4 ADDITION NUMBER OF ACRES 9.5 SURVEY ABST 17 WB Dyches 8.710 NUMBER OF ACRES 9.5 For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: Temporary roadway construction storage/office Zoe. G7Cr tCD ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 %11 X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN V2 ACRE.................................................................$250.00 '/z ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amende ppWPed-b7-City Council. SIGNATURE OF APPLICANT: SIGNATURE OF PROPERTY PLEASE TYPE OR PRINT AND FILE.NUMBER: 7b97, ''P CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 7—fS- 2a/cj /--- Z7�- PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE= REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. We are planning to set a trailer/container at property 7815 Eastex Fwy for a private/non public mobile office/laydown site. On the:property address given, other than office space it will be used as laydown for crash barrier and excavated spoils. We will also park equipment there off of the right of way for our job while it is not in use and the equipment to move the barrier. C INCLUDE THE FOLLOWING INFORMATION ON A SM PLAN. THE PLAN MUST BE DRAWN TO SCALE. o Boundaries of the area covered by the site plan; o The location of each existing and proposed building and structure in the area covered. by the site plan and the number of stories, height, roof line, gross floor area and location of building entrances and exits; o The location of existing and proposed drainage ways and significant natural features; o Proposed required landscaping and screening buffers (Section 28.04.006(f)); o The location and dimensions of all curb cuts, public and private streets, required parking and loading areas,, pedestrian walks, lighting facilities, and outside trash storage facilities (Section 28.04.002 and Section 28.04.006(g)); o The location, height and type of each existing or required wall, fence, and all other types of screening (Section 28.03.006(f)); N/A o The location, height and size of all proposed signs (Section 28.04.003 or 28.03.021, depending on location). N/A SECTION 28.04.001, ZONING ORDINANCE REQUIRES THAT THESE EIGHT CONDITIONS MUST BE MET BEFORE A SPECIFIC USE PERMIT CAN BE ISSUED. Please explain how the proposed project will comply with each of these conditions in your application: o That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity;' Use will not negatively affect other/property around it. o That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; Use will not impede normal, orderly development & improvement of surrounding vacant property. o That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; All above listed are/will be provided. o The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development; We will use northern most existing entry onto property, which will not be of negative influence.. o That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; The proper measures will be taken. o That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; There will be no lighting used at night other that what comes on the side of the connex and vehicles/equipme :- o That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; - and Subdivision to the east is seperated with a tree .Fine/vegetation. 0 That the proposed use is in accordance with the Comprehensive Plan. 3 August 27, 2019 Consider a request for a Specific Use Permit to allow small equipment rental in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 1420 West Cardinal Drive BE.AUMONT TO: City Council FROM: _ Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: August 27, 2019 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow small equipment rental in a GC -MD (General Commercial -Multiple Family Dwelling) District located at 1420 West Cardinal Drive. BACKGROUND JAC Rentals Excavators, L.L.C. has requested a Specific Use Permit to allow small equipment rentals at 1420 W. Cardinal Drive. No equipment over 9,500 lbs. would be available at this location. The business will be open and available twenty-four (24) hours per day, seven (7) days per week. At a Joint Public Hearing held on August 19, 2019, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow small equipment rental in a GC -MD (General Commercial- Multiple Family Dwelling) District with the following conditions: 1. Driveway on the east corner must be restricted. 2. A minimum of two (2) handicap spots per ADA regulations must be added. 3. ADA access to the -main entrance shall be provided, if not already in place. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Driveway on the east corner must be restricted. 2. A minimum of two (2) handicap spots per ADA regulations must be added. 3. ADA access to the main entrance shall be provided, if not already in place. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: 1 '� C' -2@1skf i 6 �r` 1 (� De f ILC,, APPLICANT'S ADDRESS:_1 W. C CxC WxQA C • j —6eD-V-mD A - APPLICANT'S PHONE #:40q-7 Bin - Of ?�is2n 4 ocl ^ 1563 " OIQc31 NAME OF PROPERTY OWNER:— ! C Lke. SC��V\2(-Y\ i 4EP1aj 2% ADDRESS OF PROPERTY OWNER: L059 Tx -7-n Q -i LOCATION OF PROPERTY: I "1Z0 Ute • Calk{ AL nQ-k 1>C. �2Pa av�n n� LEGAL DESCRIPTION OF PROPERTY: .� EATC 1\55 GS 6-9-D �p LOT NO. , rt , 12-1 `I' I,j OR TRACT F) BLOCK NO. I OL ADDITION NUMBER OF ACRES PLAT. SURVEY NUMBER OF ACRES Q a T570 For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: 5rocal Eq(,`tm6x9 - enktlk ZONE:Cledt0vAM FQa f 11(6" ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 %" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN'/2 ACRE.................................................................$250.00 '/2 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended an approved by City Council. SIGNATURE OF APPLI DATE: 07/16 ZD 1 SIGNATURE OF PROPERTY OWNER: 1AL DATE: PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 FILE NUMBER: t p BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A SMALL EQUIPMENT RENTAL FACILITY IN A GC -MD (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 1420 WEST CARDINAL DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, JAC Rentals Excavators, L.L.C. has applied for a specific use permit to allow a small equipment rental facility in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 1420 West Cardinal Drive, being Plat B- 20, Lots 6, 7, 9, 12, and 13, Block 102, J.A. Veatch Survey, Beaumont, Jefferson County, Texas, containing 0.86 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 small equipment rental facility in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 1420 West Cardinal Drive, subject to the following conditions: • Driveway on the east corner must be restricted; • A minimum of two (2) handicap spots per ADA regulations must be added; • ADA access to the main entrance shall be provided, if not already in place ;and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to a small equipment rental facility 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 small equipment rental facility in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 1420 West Cardinal Drive, being Plat B-20, Lots 6, 7, 9, 12, and 13, Bock 102, J.A. Veatch Survey, Beaumont, Jefferson County, Texas, containing 0.86 acres, more or less, as shown on Exhibit "A" is hereby granted to JAC Rentals Excavators, L.L.C., their 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: • Driveway on the east corner must be restricted; • A minimum of two (2) handicap spots per ADA regulations must be added; • ADA access to the main entrance shall be provided, if not already in place. 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" 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. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of August, 2019. - Mayor Becky Ames - ems'+. ✓;. 1 t (t 'f hF 3`-s,�. ` =t 3" k + 3v,,C Y J� Off.` A - r. u �< '# } .�' a F fir;., � �". t4r �'£'` , e � ?'4'f �'k.� �[Z�,,.. .� � u"� "°, Q�� ,� ''S,�'rr. - � �' • • l 4 • r ,� _`, _ �'�_rj+ 1 rL Y r Y� �arar � L•;..s �•. �ti*'"u�`, ,.., r� - �l x .. 5 4:\ z r s z 3 .s- i �4 y �. rh3 ,s S e o �' i y nrz v i• �,+ } 1L t F `` ZI ti',�,, r j • 4 Y` Y ,a t - Yl 117 \ { �_ � S;`"i� • ,•'• L �Y r {-a rs �'a �, i� Y 1 % yr,� � ++,>;;.',' fn ti, k `� •}f'i" �K��r in zS; Q��' � v K ,+_;rte rb � � ��•y.^ ?�,_` C_ a _ � * � y -t r '�i-.k' �• y(e I 'Nfi � t` t' r +L •l �' ' ~=� t "t �'n �+"' ^. F'' t r `�i ; x 1 ' n i � " ��fi..��rF D ''" r �•a� r' -i�f�r ai s`;'L `• -., ,; � o -.•s r 4t. 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No. 104-36_OW OPRJC BRICK TIN BLDG FIM 1,'915149-00.40' HAGM ROAD EXHIBIT "B" it .�: li w1"+ �l•'Sf; !!16`.'x=1:31�%'� FND I 1 p D. • b •, vb .e :e V 9 • "9 0^ b,D .V�n ,x`:1.•4 y17�¢.���fF7 r`: 'WA ` .rkyr;' }�:-��.•}:1„iµ' .i'ir=�+�:�fi �N X, L . .rte g:t,•�R+._rvri. it?i!=1�F'jtXiryv'.CU:t••'.. yy �.rr_' �s - s. r: gg i b i VLS_';ya'a;�c'c'•�.�r SIGN IN S,a . !'T'Ytti it .�: li w1"+ �l•'Sf; !!16`.'x=1:31�%'� .D ..:' :'{'�.::2ti-.`•. ry.,;lS•u�•VI.�/ei•.�.rL1 3�i �II i.l'{.C:.•�:i.Yt<fx�.� 7�^. t'�2�>;��•(' `�,ry•"4�i1:�}`}�� yy �.rr_' �s - s. r: gg i .• ,,,,.disc•, '�a<I+'i4r4:•n .�1�x,. ,x;;lA;L :: , . VLS_';ya'a;�c'c'•�.�r SIGN ' SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND. CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: APPLICANT'S ADDRESS:(1 L1L12--oU��(\(x_I)C. j Te tk1L 0 Y%c�- APPLICANT'S PHONE #: "t©q- %�9?. " Q63jq NAME OF PROPERTY OWNER: ` ! cue- SfLky' �('Y\ 'iz�ec&&kqe ADDRESS OF PROPERTY OWNER: &05R4 co�kege s) b P,RiRV✓lonk- , T9( -7-no-1 LOCATION OF PROPERTY: i L4 Z -D UJ - LEGAL• LEGAL DESCRIPTION OF PROPERTY: J LOT NO. (Q , ~I ., Cl., I*Z y + L -J BLOCK NO. I GE ADDITION NUMBER OF ACRES ��ZD VjkvcH j\BS - 5S `e> -2J wx im- OR TRACT E) SURVEY NUMBER OF ACRES Q.85-10 For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSEDUSE:_5MCLkI /S(�lpYYlQyl1 P_Y���, ZONE•Qiev) MAhAkrl{C�v► ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8'/:" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the backside of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN V2 ACRE.................................................................$250.00 '/z ACRE OR MORE AND.LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended ani approved by City Council. SIGNATURE OF APPLI DATE: 07�� SIGNATURE OF PROPERTY OWNER: DATE: 0 711Za CIV PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 FILE NUMBER: 25 cit BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. :y Special Use Permit Application Jac Rentals Excavators LLC Date:07/16/2019 Address: 1420 W. Cardinal Dr, Beaumont, Texas Jac Rentals Excavators LLC doing business as Jac Rentals is applying for a Special Use Permit for the property located at 1420 W. Cardinal Dr. Beaumont, Texas. Jac Rentals is in the business of heavy equipment rentals. Please find bellow a description. of all processes and activities involved with the proposed use. Equipment being rented at by Jac Rentals at the property 1420 West Cardinal Dr. will not exceed 9,5001b. Process: 1. Customers who wish to rent a piece of equipment must first either call or come into the Jac Rentals office located at 1420 W. Cardinal Dr. and create a new customer account if not already in the system. Customer accounts must have the following. -Photo Copy of a valid ID or Driver's license -Signed Waiver/Rental Agreement -Card on file: Credit or debit 2. Once a new customer account has been created, customer is then free to reserve any piece of equipment needed for either 24hr periods, weekly,_ or monthly. Payment is taken at this time. 3. Customer may either pick up their equipment themselves.or request delivery. 4. If a customer -has requested delivery, the delivery is scheduled for a date and time so that an employee of Jac Rentals can be dispatched at that specified time to delivery equipment to the customer. The same employee is dispatched at the end of the rental period to retrieve the equipment from the customer. 5. If the customer is picking up equipment themselves once they have reserved the piece of equipment, they are then provided with a code to access the equipment key located in a lock box on each piece of equipment. 6. Before equipment is sent out or delivered to a renter, equipment must be inspected by either the customer or employee of Jac Rentals to check the following and ensure equipment will be and is in good condition to be dispatched: -Water/fuel separator -Fuel level -Greased joints -Hydraulic fluid level 7. Once Equipment has been returned, an employee of Jac Rentals must grease equipment joints if needed then perform the following basic checklist: -Water/fuel separator -Fuel level -Greased joints -Hydraulic fluid level 8. Aside from the basic checklist the Jac Rentals employee will also check Equipment for any damages, and perform basic maintenance to equipment as needed: -tracks to be tightened -gear oil changes -hydraulic hose tightening -fluid checks/changes/refilling -filter changes -radiator cleaning -small repairs Specific Use Permit Application Jac Rentals Excavators LLC Date: 07/15/2019 Property Adress: 1420 W. Cardinal Dr, Beaumont, Texas Jac Rentals Excavators LLC plans to meet the eight conditions required by the Zoning Ordinances in Section 28.04.001 of the City of Beaumont Texas in the following ways: Jac Ren tals Excavators LLC assures that all equipment to be placed on the property 1420 W. Cardinal is of a size that will easily and neatly fit within the boundaries of the property line, so as to remain compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity. 2. Equipment, as well as all business conducted by Jac Rentals at the property located at 1420 W. Cardinal Dr, will remain within the boundaries of all property lines so as to not impede the normal and orderly development and improvement of surrounding vacant properties. 3. All adequate utilities, access roads, drainage, and other necessary supporting facilities are provided by the owner of the property located at 1420 W. Cardinal. 4. The design, location, and arrangement of all driveways and parking spaces of the property 1420 W. Cardinal Dr fall within the boundary lines of the property so as to provide a safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent establishment. 5. In order to minimize and prevent nuisances to neighbors of the property, 1420 W. Cardinal Dr., equipment will be kept neatly placed in their designated areas. Excessive mud and dirt will be knocked off equipment and brushed off the paved areas regularly so as to prevent excessive dust. Equipment Noise and vibration will be minimal, all equipment will be limited to only be turned on for brief moments throughout the' -day as customers load and unload equipment from their trailers, due to this as well offensive odors or fumes if any will not affect the surrounding properties. 6. Any directional lighting used will be postioned in such a way so as to not disturb neighbors to the property 1420 W. Cardinal Dr. 7. Jac Rentals Excavators assures that the property at 1420 W. Cardinal Dr. will be regularly mowed to maintain a clean and professional atmosphere and ensure harmony and compatibility with adjacent property. 8. The proposed use of the. property 1420 W. Cardinal Dr. is in accordance with the Comprehensive Plan in that Jac Rentals Excavators is not nor does it conduct business is such a way that it sets back or trumps the efforts, accomplishents or goals of the Comprehensive Plan. 11 August 27, 2019 Consider amending the Subdivision and Site Development Regulations in the Code of Ordinances, specifically Sections 26.01.006, 26.02.002, 26.02.003, 26.02.004 and 26.05.003 BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: August 27, 2019 REQUESTED ACTION: Council consider amending the Subdivision and Site Development Regulations in the Code of Ordinances, specifically Sections 26.01.006, 26.02.002, 26.02.003, 26.02.004 and 26.05.003. BACKGROUND Despite objections from numerous cities, including Beaumont as well as the Texas Chapter of the American Planning Association, HB 3167 was recently approved by the Texas Legislature and signed into law by Governor Abbott. The stated purpose of the bill was to mandate a strict "shot clock" for rapid subdivision review, and allow for a liberal appeal process. While this bill may have addressed issues in some larger jurisdictions, historically, the issues it attempted to address were not common in Beaumont. Unfortunately, the law will greatly limit the ability of the Planning Commission and staff to work with applicants to get a plat approved due to the strict new "shot clock". Specifically, the new law requires that the Planning Commission vote on a proposed plat within thirty (30) days of submission. In the past, applicants were able to request extensions to address issues with a plat and the item could be heard at the next meeting. Under this new law, an applicant may request an extension in writing. However, if the Commission agrees to the extension, a special meeting would have to be held to then vote on the item to meet the new "shot clock" requirements. In addition, conditional approvals and denials will need to specifically articulate the reason for a condition or denial, citing the specific regulation. In addition, at any point after a conditional approval or denial of a plat, the applicant may appeal the decision of the Planning Commission. The Commission will then have to reconvene within fifteen (15) days. If the next regularly scheduled meeting is beyond the mandated fifteen (15) day period, a special meeting of the Commission would be required to be held. Should any of these mandated deadlines be missed, the plat would be deemed automatically approved, regardless of the deficiencies. Due to the mandate for the amendment to the City's ordinances, staff is taking the opportunity to recommend some other amendments to the Subdivision Regulations. Most of these proposed changes are minor. However, staff is recommending a clarification of the definition of "Frontage". Historically, new lots should have adequate frontage on a public street or road or a private street, if approved by the Planning Commission. This provides for orderly development and access to needed public services such as access, water, sewer and other utilities as well as access to police and fire services. However, it may be acceptable to consider commercial lots that have direct access not to a public street, but via an easement, provided this easement is open to the public and perpetual. At a Joint Public Hearing held on August 19, 2019, the Planning Commission recommended 7:0 to approve the various amendments, which are attached for your review. FUNDING SOURCE Not applicable.' RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 26, ARTICLE 26.01, SECTION 26.01.006(B); ARTICLE 26.02, SECTION 26.02.002, SECTION 26.02.003 AND SECTION 26.02.004; AND, ARTICLE 26.05, SECTION 26.05.003 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS TO MAKE CHANGES RELATING SUBDIVISION AND SITE DEVELOPMENT REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 26, Article 26.01, Section 26.01.006(b) of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 26.01.006 Definitions (b) Definitions. In the interpretation of this chapter, the following words and terms are to be used and interpreted as defined hereinafter: Block. A tract of land bounded by streets, or a combination of streets, public parks, railroad rights-of-way, shorelines of waterways or corporate limits. Comprehensive plan. Policies in graphic and textual form adopted by the city council to govern the future physical development of the city. Such plan may cover the entire city and all of its functions and services, or may consist of a combination of plans governing specific geographic areas which together cover the entire city and all of its functions and services. Construction plans. The maps or construction drawings accompanying a subdivision plat that show the specific location and design of all required or proposed improvements to be installed in the subdivision. Cul-de-sac. A local street with only one outlet having an appropriate terminal for the safe and convenient reversal of traffic movement. Easement. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of the area being subdivided. Filed. The day the application for the plan or plat is accepted as complete and placed on the Planning and Zoning Commission agenda. . Final plat. The map or drawing of a subdivision and any accompanying material, as described in these regulations, which, if approved by the Planning Commission, may be submitted to the county clerk for filing. Frontage. A property line abutting a public City, County, State or private street as defined and approved herein. Frontage along an easement is allowable for commercial lots that are within a planned commercial center where the easement is permanently accessible to the public and the design and construction of the access improvements are approved by the Planning Commission. Lot. An undivided tract, plot or parcel of land intended as a unit for the purpose, whether immediate or future, of transfer or ownership or for building development. Lot orientation. The compass reading for a line drawn from a point midway between the side lot lines at the required front yard setback to a point midway between the side lot lines at the required rear yard setback. Owner. Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations. Planning area. The planning area shall constitute an area beginning two (2) miles from corporate limits of the city and extending out an additional three (3) miles to the boundary of the five (5) mile extraterritorial jurisdiction. Resubdivision. A change in an approved or recorded subdivision plat if such change affects any street layout or area reserved thereon for public use, or any lot line. Subdivider. Any person who, having an interest in land, causes it, directly or indirectly, to be divided into a subdivision. Subdivision. Any land, vacant or improved, which is divided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots, or interests for the purpose of offer, sale, lease, or development, either on the installment plan or upon any and all other plans, terms, and conditions, including resubdivision. Section 2. That Chapter 26, Article 26.02, Section 26.002 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Section 26.02.002 Preliminary plat (a) After the pre -application conference, the applicant shall file an application for approval of a preliminary plat on forms available at the office of the secretary to the Planning Commission. The application shall be accompanied by a filing fee, digital copy (.pdf), shapefile (shp), and five (5) copies of the preliminary plat providing the following information: (1) The title, or name, under which the proposed subdivision is to be recorded, with the name and signature of the owner shown thereon. The title shall not duplicate or be similar to the name of an existing subdivision or property. Written evidence of ownership, acceptable to the city attorney, shall ,be required in order to identify ownership and various easements, conditions, restrictions, and covenants pertaining to the use of the land being subdivided. (2) The meridian or north point. (3) The scale of the map shall be shown and drawn on a scale of one hundred (100) feet to the inch or larger. (4) A key map embracing the area surrounding the proposed subdivision. On this key map the tract to be subdivided shall be indicated in a distinctive manner. (5) The location of existing streets, blocks, lots, alleys, easements, building lines, parks, watercourses, ravines, bridges, culverts, present structures, the outline of wooded areas, and other natural features in the area affected, with principal dimensions, and all significant information in regard to property immediately adjacent on all sides. (6) The names or designations of existing streets or roads. The names or designations of all adjoining subdivisions and properties. (7) Proposed plan of subdivision, showing streets, blocks, lots, alleys, easements, building lines, parks and other such areas, with principal dimensions. The plan shall show how the streets and easements in the subdivision will connect with those in the surrounding subdivisions. (8) The names of proposed streets. They shall conform with the names of any existing streets of which they may be or become extensions. They must not duplicate or be similar to the recognized name of any other street located elsewhere in the community. (9) The location of existing and proposed sewers, water and gas mains and other public utilities easements and improvements. (10) The location of existing and proposed storm drainage easements and improvements. (A copy of all design computations shall be submitted along with the plans.) (11) Topography is not usually required to be shown; however, if the surface is markedly uneven, the Planning Commission may require a contour map showing contour intervals of not more than two (2) feet. Profiles of proposed streets and alleys may be required. (12) The boundaries and flood elevations of all areas located in flood hazard areas as determined by the flood insurance rate maps (FIRMs) provided by the Federal Emergency Management Agency (FEMA) under the auspices of the National Flood Insurance Program (NFIP). (13) The location of all existing pipeline easements and information concerning the size of the pipe, type of product being transported and the pressure in the pipeline. (14) The name of the registered surveyor responsible for preparing the plat. (15) A list of the proposed restrictive covenants, conditions, and limitations to govern the nature and use of the property being subdivided. (b) The Planning Commission shall be required to approve, approve with conditions, or disapprove an application completed in accordance with the requirements of this chapter within thirty (30) days from the filing date. If the plat is disapproved, the Planning Commission shall inform the subdivider in writing of the reasons of such action. If said plat be not disapproved within thirty (30) days from the filing date, it shall be deemed to have been approved by the Planning Commission. Review time may be extended for an additional thirty (30) days if the applicant submits the request in writing and this request is approved by the Planning Commission. Approval of the plat shall be accompanied by a Certificate of Approval, signed by the chairman and secretary of the Planning Commission. Approval of the preliminary plat by the Planning Commission shall also constitute the conditional approval of the final plat subject to approval by the City Engineer of all proposed improvement plans and a ministerial determination by the secretary of the Planning Commission that the final plat is consistent with the approved preliminary plat and complies with all the requirements of this chapter. (1) The Planning Commission shall provide the applicant a written statement of the conditions for the conditional approval or reasons for disapproval that clearly articulate the reason for the conditional approval or disapproval. (2) The applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for disapproval at any time following the conditional approval or disapproval. The Planning Commission shall determine whether to app, rove or disapprove the applicant's amended plat no later than the fifteenth (15t ) day after the applicant's response is submitted. If the review by the Planning Commission is not made within this time, the plat shall be deemed to have been approved by the Planning Commission. (c) Approval or conditional approval of a preliminary plat by the Planning Commission shall be valid for a period of twenty-four (24) months from the date of approval. Failure to prepare a final plat and have it recorded in accordance with the provisions of this chapter within twenty-four (24) months from the date of preliminary plat approval shall result in the expiration of the previous approval. (1) Before the beginning of any construction on the proposed streets or plans of such improvements in the form of plats, sketches or other satisfactory written description, certified by a registered professional engineer, shall be filed with the City Engineer. The subdivider shall submit with the construction drawings a development and review fee as specified in section 26.05.003 of this chapter. These shall show such features as street cross-sections and longitudinal slope for drainage, full description of proposed pavement or street improvements, dimensions and specifications for curbing, complete design and specification data concerning public utilities to be installed showing proposed position on the ground, specifications of materials and construction, plan -profile maps of all water and sewerage lines and storm water sewers or drainage ways showing both ground -surface and flow -line, and any other pertinent information of similar nature. If any part of the proposed construction is considered unsatisfactory by the City Engineer and below the standards required, construction operations shall not be started on the affected portion until alterations are made such that the completed work shall conform to the official standard requirements of the city. (2) Upon the completion of construction of any such utility or improvement, complete "as built" plans in detail, dated, signed and certified by the engineer in charge, shall be filed with the City Engineer showing all features as actually installed, including materials, size, location, depth of elevation, numbers, ends of lines, connections, wyes, valves, storm sewer -drains, inlets and other such features. Connections with city utilities will not be allowed unless and until the subdivider complies with this requirement. Section 3. That Chapter 26, Article 26.02, Section 26.02.003 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 26.02.003 Final plat (a) After obtaining approval or conditional approval of the preliminary plat and all construction plans by the City Engineer, the applicant, if wishing to proceed with the subdivision, shall file an application for approval of the final plat on forms available at the office of the secretary to the Planning Commission. The application shall be accompanied by a filing fee with an original reproducible f4m print, original tax certificate(s), electronic file (.dwg), shapefile (.shp), digital copy (pdf), five (5) prints of the final plat. Patching and the pasting of paper attachments is not acceptable. All figures and lettering shall be neat and easily legible. The Director of Planning may, for any reason, elect to present the plat to the Planning Commission to approve the plat. The Planning Director shall not disapprove a minor plat, but shall refer any plat which he refuses to approve to the Planning Commission to be heard within thirty (30) days of submission of the plat in his office. (b) The Director of Planning shall approve, approve with conditions or disapprove a final plat within thirty (30) days after the date the plat is filed for consideration. (1) The Planning Commission shall provide the applicant a written statement of the conditions for the conditional approval or reasons for disapproval that clearly articulate the reason for the conditional approval or disapproval. (2) The applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for disapproval at any time following the conditional approval or disapproval. The Planning Commission shall determine whether to app, rove or disapprove the applicant's amended plat no later than the fifteenth (15t ) day after the applicant's response is submitted. If the review by the Planning Commission is not made within this time, the plat shall be deemed to have been approved by the Planning Commission. (c) For final approval, the final plat must comply in all respects with the approved preliminary plat and provide the following information: (1) The title, or name, by which the subdivision is to be identified, accompanied by at least a brief general description of the tract embraced; the meridian or north point, and the scale of the map; the name of the surveyor, engineer or other person responsible for the surveys and the plat. (2) A definite legal description and identification of the tract being subdivided, sufficient for the requirements of title examination. This may be embodied in the title or shownelsewhere on the plat. (3) The boundaries of the subdivided property referenced to the Texas State Plane Coordinate System shall be indicated on the map in a distinctive manner with complete and accurate field notes of such boundaries; and, the location and designation of all streets, alleys and other areas intended to be dedicated to the public use, with proper dimensions. (4) The location of all adjacent streets and alleys, with their names, and the names of adjoining subdivisions. (5) All block, lot and street boundary lines. Blocks and lots shall be numbered or lettered. House numbers shall be allocated to lots. Building lines and easements shall be shown and shall be defined by dimensions. The actual width of all streets shall be shown, measured at right angles or radially, where curved. (6) All necessary dimensions, including linear, curvilinear and angular, shall be shown, and must be accurate. The linear and curvilinear dimensions shall be expressed in feet and decimals of a foot. The angular dimensions may be shown by bearings. Curved boundaries must be fully described and all essential information given, including the length of tangents, central angle of curve, and the chords and arcs of curve. Block corners, angle points, points of curve and points of intersection of tangents shall be shown as permanently marked on the ground. Completed dimensional data shall be given on fractional lots or tracts. (7) Benchmark elevations will be established on at least one block corner of each street intersection and in no case more than one thousand (1,000) feet from any other benchmark. These elevations shall be clearly shown on the plat. (8) The description and location of permanent survey reference monuments shall be shown. These shall be other than, and in addition to, markers set for block or lot corners. They shall be located in suitable places throughout the subdivision and there shall be at least as many of them as there are blocks in the subdivision, but not less than two (2) in the event there is only one block in the subdivision. The distance between successive monuments along any street or reference line shall not be greater than one thousand (1,000) feet. (9) A certificate of ownership in fee of all the land embraced in the subdivision or authenticity of the plat and dedication, including all properties intended for public use, signed and acknowledged by all owners of. any interest in such land and properties. Acknowledgement shall be in the form required in the conveyance of real estate. Approval and acceptance by all lienholders shall be included. If all block corners have not been staked at the time such final plat is submitted for final approval, the owner's certificate shall include a declaration and agreement that all such corners have been staked or have been contracted to be staked. (10) A certificate by the responsible registered professional land surveyor in charge, duly authenticated, that the plat is drawn to scale, is true and correct and in accordance with the determinations of surveys actually made on the ground. If all block corners in the subdivision have been staked at the time of final approval, the surveyor's certificate shall so declare. The surveyor's certificate shall also state whether or not the tract is within five (5) miles of the city limits, measured in a straight line between nearest points, unless this information is shown in suitable manner elsewhere on the face of the plat. (11) All legal restrictions and requirements placed on the approval of the preliminary plat shall be indicated on the final plat. (12) Certificates of approval to be signed by the chairman and secretary of the Planning Commission. (13) The flood zones, boundaries and elevations of all areas located in flood hazard areas as determined by the flood insurance rate maps (FIRM) provided by the Federal Emergency Management Agency (FEMA) shall be shown on the final plat. (d) It shall be the responsibility of the secretary to the Planning Commission to promptly file the final plat with the county clerk. The applicant shall be responsible for paying all recording fees and costs. (e) A minor plat may be approved by the Director of Planning. The approved plat shall be signed by the secretary and chairman of the Planning Commission. A minor plat is a final plat that consists of four (4) or fewer lots fronting on an existing street and not requiring the creation of any new streets or the extension of municipal facilities. A minor plat shall comply with all the regulations of the subdivision and the zoning ordinances. The Director of Planning may, for any reason, elect to present the plat to the Planning Commission to approve the plat. The Planning Director shall not disapprove a minor plat, but shall refer any plat which he refuses to approve to the Planning Commission to be heard within thirty (30) days of submission of the plat in his office. (f) The Planning and Zoning Commission shall approve, approve with conditions or disapprove a minor plat that is referred from the Director of Planning within thirty (30) days after the date the plat is filed for consideration. (1) The Planning Commission shall provide the applicant a written statement of the conditions for the conditional approval or reasons for disapproval that clearly articulate the reason for the conditional approval or disapproval. (2) The applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for disapproval at any time following the conditional approval or disapproval. The Planning Commission shall determine whether to approve or disapprove the applicant's amended plat no later than the fifteenth (15th) day after the applicant's response is submitted. If the review by the Planning Commission is not made within this time, the plat shall be deemed to have been approved by the Planning Commission. If the Planning and Zoning Commission fails to act on the plat within the prescribed period, the plat shall be deemed approved. Review time may be extended for an additional thirty (30) days if the applicant submits the request in writing and this request is approved by the Planning Commission. Approval of the plat shall be accompanied by a Certificate of Approval, signed by the chairman and secretary of the Planning Commission. Section 4. That Chapter 26, Article 26.02, Section 26.02.004 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 26.02.004 Vacation of plats, replats and resubdivisions (a) Any such plan, plat or replat may be vacated by the proprietors of the land covered thereby at any time before the sale of any lot therein by a written instrument declaring the same to be vacated, duly executed, acknowledged and recorded in the same office as the plat to be vacated, provided the approval of the Planning Commission shall have been obtained as above provided, and the execution and recordation of the instrument shall operate to destroy the force and effect of the recording of the plan, plat or replat so vacated. In cases where lots have been sold, the plan, plat or replat, or any part thereof, may be vacated upon the application of all the owners of lots in said plat and with the approval, as above provided, of the Planning Commission. The county clerk of the county in whose office the, plan or plat thus vacated has been recorded shall write in plain, legible letters across the plan or plat so vacated the word "vacated," and also make a reference on the same to the volume and page in which said instrument of vacation is recorded. (b) In the event there is not compliance with subsection (a) of this section, a replat or resubdivision of a plat, or a portion thereof, without vacation of the previous plat, is hereby expressly authorized to be recorded and shall be deemed valid and controlling, when approved, after a public hearing by the Planning Commission when: (1) It has been signed and acknowledged by only the owners of the particular property which is being resubdivided or replatted; (2) It has been approved by the Planning Commission or other appropriate governing body, as the case may be; (3) It does not attempt to alter, amend, or remove any covenants or restrictions; and (4) There is compliance, when applicable, with subsections (c) and (d) of this section. (5) If a proposed replat requires a variance or waiver, a public hearing must be held by the Planning Commission. (c) The following additional requirements for approval shall apply in any resubdivision or replatting of a subdivision, without vacating the immediate previous plat, if any of the proposed area to be resubdivided or replatted was within the immediately preceding five (5) years limited by any interim or permanent zoning classification to residential use for not more than two (2) residential units per lot, or if any lot in the immediate previous subdivision was limited by deed restriction to residential use for not more than two (2) residential units per lot. (1) Notice of such Planning Commission hearing shall be given in advance in the following manner: (A) Publication at least fifteen (15) days in advance of hearing being published in a paper of general circulation in the city; and (B) Written notice, with a copy of section 26.02.004(c)(2) attached to the notice of such hearing forwarded by the Planning Commission to owners (as the ownerships appear on the current tax roll of the city) or, if the replat is in the city's extraterritorial jurisdiction, then the most recently approved county tax roll of all lots in the immediately preceding subdivision plat within two hundred (200) feet of the proposed replat not less than fifteen (15) days prior to the date of such hearing; such notice is considered served when it is deposited, properly addressed and postage paid, in a post office or postal depository within the boundaries of the city. (2) If the proposed replat is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of all members of the Planning Commission. For a legal protest, written instruments signed by the owners of at least twenty (20) percent of the area of the lots or land, including streets and alleys, immediately adjoining the area covered by the proposed replat and extending two hundred (200) feet from that area, but within the original subdivision, must be filed with the secretary of the Planning Commission prior to the close of the public hearing. (3) Provided, however, compliance with subsection (1) or (2) of this subsection shall not be required for approval of a replatting or resubdividing of a portion of a prior plat if all of the proposed area sought to be replatted or resubdivided was designated or reserved for usage other than for single or duplex family residential usage by notation on the last legally recorded plat or in the legally recorded restrictions applicable to such plat. (d) Notwithstanding any other provision of this section, the Planning Commission is authorized to approve and issue an amending plat which is signed by the applicants only, and which is for one or more of the purposes set forth in the following subsections (1) through (9), inclusive, and such approval and issuance shall not require notice, hearing, or approval of other lot owners. This subsection shall apply only if the sole purpose of the amending plat is: (1) To correct an error in any course or distance shown on the prior plat; (2) To add any course or distance that was omitted on the prior plat; (3) To correct an error in the description of the real property shown on the prior plat; (4) To indicate monuments set after death, disability, or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments; (5) To show the proper location or character of any monument which has been changed in location or character or which originally was shown at the wrong location or incorrectly as to its character on the prior plat; (6) To correct any other type of scrivener or clerical error or omission as previously approved by the Planning Commission; such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent recorded plats; (7) To correct an error in courses and distances of lot lines between two (2) adjacent lots where both lot owners join in the application of plat amendment and neither lot is abolished, provided that such amendment does not attempt to remove recorded covenants or restrictions and does not have a materially adverse effect on the property rights of the other owners in the plat; (8) To relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement; (9) To relocate one or more lot lines between one or more adjacent lots where the owner or owners of all such lots join in the application for the plat amendment, provided that such amendment does not: (A) Attempt to remove recorded covenants or restrictions; or (B) Increase the number of lots. Section 5. That Chapter 26, Article 26.05, Section 26.05.003 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 26.05.003 Application fees An application processing fee of three hundred fifty dollars ($350.00) shall be paid at the time of the filing of an application for preliminary, final plat, replat, or vacation of a plat. An application processing fee of two hundred dollars ($200.00) shall be paid at the time of filing of an .application for a minor or amended plat. For resubdivision or replats involving advertising and public notification of surrounding property owners, an additional application processing fee of two hundred dollars ($200.00) shall be paid at the time of the filing of the application. When construction is required, such as on a preliminary plat, the subdivider shall pay a development review fee equal to two (2) percent of estimated construction cost at the time construction drawings are .submitted to the City Engineer for approval or a registered professional engineer shall certify to the, city that the development has been built according to the approved construction drawings and city standards after the completion of construction. Section 6. 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 7. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 8. 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 or Ordinance of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of August, 2019. - Mayor Becky Ames - MIS L±+ ARTICLE 26.01 GENERAL PROVISIONS'-` See. 26.01.001 Title This chapter shall be known, cited and referred to as the "Subdivision Regulations of the City of Beaumont, Texas." (Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-1) a See. 26.01.002 Adoption of statutes authorizing the regulation of subdivisions The statutes of the state authorizing and empowering cities to regulate the platting and recording of subdivisions or additions situated within the corporate limits or within five (5) miles of the corporate limits of such city, the same being chapter 231, Acts of the Regular Session of the 40th Legislature of Texas, 1927, such statutes Texas Local Government Code, section 212.001 et seq. are hereby adopted for and on behalf of the city, and the city acting through its duly authorized officials shall have all the rights, powers, privileges and authority authorized and granted by and through such statutes. (Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-2) �+ See. 26.01.003 Purpose (a) The subdivision of land is the first step in the process of urban development. The arrangement of parcels in the community for residential, commercial and industrial uses and for streets, alleys, schools, parks and other public purposes will determine to a large degree the conditions of health, safety, economy and amenity that prevail in the urban area. The quality of these conditions is of public interest. These regulations and standards for the subdivision and improvement of land for urban use are to make provision for adequate light, air, open space, drainage, transportation, public utilities and other needs, to ensure the development and maintenance of 'a healthy, attractive, planned, orderly and efficient community pursuant to the official comprehensive plan for the city. (b) The goals of these regulations are as follows: (1) To protect and provide for the public health, safety, and general welfare of the municipality; (2) To guide the future growth and development of the municipality, in accordance with the comprehensive plan; EXHIBIT "A" (3) To provide for adequate light, air, and privacy, to secure safety from fire, flood, and other dangers, and to prevent overcrowding of the land and undue congestion of population; (4) To protect the character and the social and economic stability of all parts of the municipality and to encourage the orderly and beneficial development and redevelopment of all parts of the municipality; (5) To protect and conserve the value of land throughout the municipality and the value of buildings and improvements upon the land, and to minimize the' conflicts among the uses of land and buildings; (6) To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation, and other public requirements and facilities; (7) To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the municipality, having particular regard to the avoidance of congestion in the streets and highways, and the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide for the proper location and width of streets and building lines; (8) To establish reasonable standards of design and procedures for subdivisions and resubdivisions, in order to further the orderly layout and use of land; and to ensure proper legal descriptions and monumenti.ng of subdivided land; (9) To ensure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision; (10) To prevent the pollution of air, streams, and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and management of natural resources throughout the municipality in order to preserve the integrity, stability, and beauty of the community and the value of the land; (11) To preserve the natural beauty and take into account the topography of the municipality and to ensure appropriate development with regard to these natural features; (12) To provide for open spaces through the most efficient design and layout of the land, including the use of average density in providing for minimum width and area of lots, while preserving the density of land as established in the zoning ordinance of the municipality; (13) To provide that the cost of improvements which primarily benefit the tract of land being developed be borne by the owners or developers of the tract and that the cost of improvements which primarily benefit the whole community be done by the whole community; (14) To ensure that street, utilities, and drainage improvements needed by the subdivision are actually installed. (Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-3) L Sec. 26.01.004 Jurisdiction (a) Except as otherwise provided herein, every owner of land situated within the city, or within the extraterritorial jurisdiction thereof, who causes the division of such land into two (2) or more lots, building sites, parcels, units or fractional parts thereof, shall first prepare a plat in accordance with the provisions of this chapter. The description of such lots, building sites, units or interests by metes and bounds or by. other reference in an instrument of transfer shall not exempt the transaction from the provisions of this chapter. However, the addition of two (2) tracts or lots of land into one lot or parcel does not constitute a subdivision under these regulations. (b) No building permit or certificate of occupancy shall be issued nor shall connection or service with any city utilities, such as water and sewers, be permitted for any lot, tract, parcel or premises which was created -by subdivision after January 22, 1980, unless the subdivision was approved by the Planning Commission. (c) No improvements shall be started until a preliminary plat has been approved by the Planning Commission, after which approval, improvements may be started in accordance with the preliminary plat and with the approval of the City Engineer of the final construction plans. (Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-4) Sec. 26.01.005 Scope of provisions These regulations shall supplement and facilitate the enforcement of the provisions, standards, and specifications contained in the building and housing codes, zoning ordinance, comprehensive plan, official street and highway plan and other official plans of the city. Where any provision of this chapter imposes restrictions different from those imposed by any other provision of any other city ordinance, rule or regulation or any other provisions of law, the more restrictive shall control and be reflected in the plat. No plat showing a violation of a city ordinance, rule or regulation shall be approved. (Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-5) 1 . See. 26.01.006 Definitions (a) Usage. Words in the present tense include the future; words in the singular number include the plural number and words in the plural number include the singular number; the word "building" includes the word "structure"; the word "lot" includes the word "parcel," "plot," or "tract"; the word "shall" is . mandatory and not discretionary. (b) Definitions. In the interpretation of this chapter, the following words and terms are to be used and interpreted as defined hereinafter: Block. A tract of land bounded by streets, or a combination of streets, public parks, railroad rights-of-way, shorelines of waterways or corporate limits. Comprehensive plan. Policies in graphic and textual form adopted by the city council to govern the future physical development of the city. Such plan may cover the entire city and all of its functions and services, or may consist of a combination of plans governing specific geographic areas which together cover the entire city and all of its functions and services. Construction plans. The maps or construction drawings accompanying a subdivision plat that show the specific location and design of all required or proposed improvements to be installed in the subdivision. Cul-de-sac. A local street with only one outlet having an appropriate terminal for the safe and convenient reversal of traffic movement. Easement. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of the area being subdivided. Filed. The dam the application for the plan or plat is accepted as complete and placed on the Planning and Zoning Commission agenda. Final plat. The map or drawing of a subdivision and any accompanying material, as described in these regulations, which, if approved by the Planning Commission, may be submitted to the county clerk for filing. Frontae. A property line abutting_a public CLty, County, State or private street as defined and approved herein. Frontage along an easement is allowable for commercial lots that are within a planned commercial center where the easement is permanently accessible to the public and the design and construction of the access improvements are approved by the Planning Commission. Lot. An undivided tract, plot or parcel of land intended as a unit for the purpose, whether immediate or future, of transfer or ownership or for building development. Lot orientation. The compass reading for a line drawn from a point midway between the side lot lines at the required front yard setback to a point midway between the side lot lines at the required rear yard setback. Owner. Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations. Planning area. The planning area shall constitute an area beginning two (2) miles from corporate limits of the city and extending' out an additional three (3) miles to the boundary of the five (5) mile extraterritorial jurisdiction. Resubdivision. A change in an approved or recorded subdivision plat if such change affects any street layout or area reserved thereon for public use, or any lot line. Subdivider. Any person who, having an interest in land, causes it, directly or indirectly, to be divided into a subdivision. Subdivision. Any land, vacant or improved, which is divided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots, or interests for the purpose of offer, sale, lease, or development, either on the installment plan or upon any and all other plans, terms, and conditions, including resubdivision. (Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-6; Ordinance 16-006, sec. 1, adopted 2/2/16) l ARTICLE 26.02 PROCEDURE AND PLAT REQUIREMENTS 1 Zi Sec. 26.02.001 Pre -application conference The applicant should confer with the planning staff prior to the preparation of a preliminary plat and discuss the procedure for obtaining approval of a subdivision plat and the requirements as to the general layout and arrangement of lots, blocks and streets, and minimum design and construction requirements for streets, storm drainage, sewerage and water improvements. The planning staff shall also advise the applicant, where appropriate, to discuss the proposed subdivision with those officials who must eventually approve those aspects of the subdivision plat coming within their jurisdiction. At the request of the secretary of the Planning Commission, the subdivider shall submit a master or tentative plan for all the contiguous property owned or intended for development by the- subdivider as required by the secretary of the Planning Commission. The plan shall show a proposed future street system and lot pattern sufficient for the secretary of the Planning Commission to review the proposed development for general compliance with respect to surrounding land use, street connections, utilities, drainage facilities and park and open space needs. (Ordinance 83-95, sec. 2, adopted 9/13/83; Ordinance 91-83, sec. 1, adopted 10/8/91; 1978 Code, sec. 24-7) ,.4 Sec. 26.02.002 Preliminary plat (a) After the pre -application conference, the applicant shall file an application for approval of a preliminary plat on forms available at the office of the secretary to the Planning Commission. The application shall be accompanied by a filing fee, digital cop('pdD, shapefile .shp), and t five 5) copies of the preliminary plat providing the following information: (1) The title, or name, under which the proposed subdivision is to be recorded, with the name and signature of the owner shown thereon. The title shall not duplicate or be similar to the name of an existing subdivision or property. Written evidence of ownership, acceptable to the city attorney, shall be required in order toidentify ownership and various easements, conditions, restrictions, and covenants pertaining to the use of the land being subdivided. (2) The meridian or north point. (3) The scale of the map shall be shown and drawn on a scale of one hundred (10 0) feet to the inch or larger. (4) A key map embracing the area surrounding the proposed subdivision. On this key map the tract to be subdivided shall be indicated in a distinctive manner. (5) The location of existing streets, blocks, lots, alleys, easements, building lines, parks, watercourses, ravines, bridges, culverts, present structures, the outline of'wooded areas, and other natural features in the area affected, with principal dimensions, and all significant information in regard to property immediately adjacent on all sides. (6) The names or designations of existing streets or roads. The names or designations of all adjoining subdivisions and properties, (7) Proposed plan of subdivision, showing streets, blocks, lots, alleys, easements, building lines, parks and other such areas, with principal dimensions. The plan shall show how the streets and easements in the subdivision will connect with those in the surrounding subdivisions. (8) The names of proposed streets. They shall conform with the names of any existing streets of which they may be or become extensions. They must not duplicate or be similar to the recognized name of any other street located elsewhere in the community. (9) The location of existing and proposed sewers, water and gas mains and other public utilities easements and improvements. (10) The location of existing and proposed storm drainage easements and improvements. (A copy of all design computations shall be submitted along with the plans.) (11) Topography is not usually required to be shown; however, if the surface is markedly uneven, the Planning Commission may require a contour map showing contour intervals of not more than two (2) feet. Profiles of proposed streets and alleys may be required. (12) The boundaries and flood elevations of all areas located in flood hazard areas as determined by the flood insurance rate maps (FIRMS) provided by the Federal Emergency Management Agency (FEMA) under the auspices of the National Flood Insurance Program (NFIP). (13) The location of all existing pipeline easements and information concerning the size of the pipe, type of product being transported and the pressure in the pipeline. (14) The name of the registered surveyor responsible for preparing the plat. (15) A list of the proposed restrictive. covenants, conditions, and limitations to govern the nature and use of the property being subdivided. (b) The Planning Commission shall be required to aet upe approve, approve with conditions, or disapprove an application completed in accordance with the requirements of this chapter within thirty (3 0) days from the filing date. If the plat is disapproved, the Planning Commission shall inform the subdivider in writing of the reasons of such action. If said plat be not disapproved within thirty (30) days from the filing date, it shall be deemed to have been approved by the Planning Commission. Review time may be extended for an additional thirty (30) days if the applicant submits the request in writing and this request is approved by the Plannin Commission. Approval of the plat shall be accompanied by a Certificate of Ap rpt oval, signed by the chairman and secretary of the Planning Commission. Approval of the preliminary plat by the Planning Commission shall also constitute the conditional approval of the final plat subject to approval by the City Engineer of all proposed improvement plans and a ministerial determination by the secretary of the Planning Commission that the final plat is consistent with the approved preliminary plat and complies with all the requirements of this chapter. (1) The Planning; Commission shall provide the applicant a written statement of the conditions for the conditional approval or reasons for disapproval that clearly articulate the reason for the conditional approval or disapproval. (2) The applicant mgy submit a written response that satisfies each condition for the conditional approval or remedies each reason for disapproval at any time following the conditional approval or disapproval. The Planning Commission shall determine whether to annrove or disannrove the annlicant's is submitted. If the review by the Planning Commission is not made within this time, the plat shall be deemed to have been approved by the Planning Commission. (c) Approval or conditional approval of a preliminary plat by the Planning Commission shall be valid for a period of twenty-four (24) months from the date of approval. Failure to prepare a final plat and have it recorded in accordance with the provisions of this chapter within twenty-four (24) months from the date of preliminary plat approval shall result in the expiration of the previous approval. (1) Before the beginning of any construction on the proposed streets or public utilities pertaining to the subdivision, complete final construction plans of such improvements in the form of plats, sketches or other satisfactory written description, certified by a registered professional engineer, shall be filed with the City Engineer. The subdivider shall submit with the construction drawings a development and review fee as specified in section 26.05.003 of this chapter. These shall show such features as street cross-sections and longitudinal slope for drainage, full description of proposed pavement or street improvements, dimensions and specifications for curbing, complete design and specification data concerning public utilities to be installed showing proposed position on the ground, specifications of materials and construction, plan - profile maps of all water and sewerage lines and storm water sewers or drainage ways showing both ground -surface and flow -line, and any other pertinent information of similar nature. If any part of the proposed construction is considered unsatisfactory by the City Engineer and below the standards required, construction operations shall not be started on the affected portion until alterations are made such that the completed work shall conform to the official standard requirements of the city. (2) Upon the completion of construction of any such utility or improvement, complete "as built" plans in detail, dated, signed and certified by the engineer in charge, shall be filed with the City Engineer showing all features as actually installed, including materials, size, location, depth of elevation, numbers, ends of lines, connections, wyes, valves, storm sewer drains, inlets and other such features. Connections with city utilities will not be allowed unless and until the subdivider complies with this requirement. (Ordinance 83-95, sec. 2, adopted 9/13/83; Ordinance 83-145, sec.. 1, adopted 10/25/83; Ordinance 86-46, sec. 1, adopted 5/6/86; Ordinance 91-83, sec. 1, adopted 10/8/91; 1978 Code, sec. 24-8) 6L Sec. 26.02.003 Final plat (a) After obtaining approval or conditional approval of the preliminary plat and all construction plans by the City Engineer, the applicant, if wishing to proceed with the subdivision, shall file an application for approval of the final plat on forms available at the office of the secretary to the Planning Commission. The application shall be accompanied by a filing fee with an original reproducible print, original tax certificate(s), electronic file ^tea ' le with theAppr-oaisal sa ''�iet's—Ces xatien System (CAS) eemputer R ,(.dwgl, shapefile .s( lip), digLital cgM (rpdf ,, and twenty-five (2-5) prints of the final plat. Patching and the pasting of paper attachments is not acceptable. All figures and lettering shall be neat and easily legible. The Director of Planning may, for any reason, elect to present the plat to the Planning Commission to approve the plat. The Planning Director shall not disapprove a minor plat, but shall refer any plat which he refuses to approve to the Planning Commission to be heard within thirty (30) days of submission of the plat in his office. b The Director of Planningshall hall approve, approve with conditions or disapprove a final plat within thirty (30Lys after the date the plat is filed for consideration. (1) The Planning Commission shall provide the applicant a written statement of the conditions for the conditional approval or reasons for disapproval that clearly articulate the reason for the conditional approval or disapproval. Q The applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for disapproval at any time following the conditional approval or disapproval The Planning Commission shall determine whether to annrove or disannrove the applicant's amended plat no later than the fifteenth (15!) dgy after the applicant's response is submitted If the review by the Planning Commission is not made within this time, the plat shall be deemed to have been approved by the Planning Commission. (c) For final approval, the final plat must comply in all respects with the approved preliminary plat and provide the following information: (1) The title, or name, by which the subdivision is to be identified, accompanied by at least a brief general description of the tract embraced; the meridian or north point, and the scale of the map; the name of the surveyor, engineer or other person responsible for the surveys and the plat. (2) A definite legal description and identification of the tract being subdivided, sufficient for the requirements of title examination. This may be embodied in the title or shown elsewhere on the plat. (3) The boundaries of the subdivided property referenced to the Texas State Plane Coordinate System shall be indicated on the map in a distinctive manner with complete and accurate field notes of such boundaries; and, the location and designation of all streets, alleys and other areas intended to be dedicated to the public use, with proper dimensions. (4) The location of all adjacent streets and alleys, with their names, and the names of adjoining subdivisions. (5) All block, lot and street boundary lines. Blocks and lots shall be numbered or lettered. House numbers shall be allocated to lots. Building lines and easements shall be shown and shall be defined by dimensions. The actual width of all streets shall be shown, measured at right angles or radially, where curved. (6) All necessary dimensions, including linear, curvilinear and angular, shall be shown, and must be accurate. The linear and curvilinear dimensions shall be expressed in feet and decimals of a foot. The angular dimensions may be shown by bearings. Curved boundaries must be fully described and all essential information given, including the length of tangents, central angle of curve, and the chords and arcs of curve. Block corners, angle points, points of curve and points of intersection of tangents shall be shown as permanently marked on the ground. Completed dimensional data shall be given on fractional lots or tracts. (7) Benchmark elevations will be established on at least one block corner of each street intersection and in no case more than one thousand (1,000) feet from any other benchmark. These elevations shall be clearly shown on the plat. (8) The description and location of permanent survey reference monuments shall be shown. These shall be other than, and in addition to, markers set for block or lot corners. They shall be located in suitable places throughout the subdivision and there shall be at least as many of them as there are blocks in the subdivision, but not less than two (2) in the event there is only one block in the subdivision. The distance between successive monuments along any street or reference line shall not be greater than one thousand (1,000) feet. (9) A certificate of ownership in fee of all the land embraced in the subdivision or authenticity of the plat and dedication, including all properties intended for public use, signed and acknowledged by all owners of any interest in such land and properties. Acknowledgement shall be in the form required in the conveyance of real estate. Approval and acceptance by all lienholders shall be included. If all block corners have not been staked at the time such final plat is submitted for final approval, the owner's certificate shall include. a declaration and agreement that all such corners have been staked or have been contracted to be staked. (10) A certificate by the responsible registered professional land surveyor in charge, duly authenticated, that the plat is drawn to scale, is true and correct and in accordance with the determinations of surveys actually made on the ground. If all block corners in the subdivision have been staked at the time of final approval, the surveyor's certificate shall so declare. The surveyor's certificate shall also state whether or not the tract is within five (5) miles of the city limits, measured in a straight line between nearest points, unless this information is shown in suitable manner elsewhere on the face of the plat. (11) All legal restrictions and requirements placed on the approval of the preliminary plat shall be indicated on the final plat. (12) Certificates of approval to be signed by the chairman and secretary of the Planning Commission. (13) The flood zones, boundaries and elevations of all areas located in flood hazard areas as determined by the flood insurance rate maps (FIRM) provided by the Federal Emergency Management Agency (FEMA) shall be shown on the final plat. (bd) It shall be the responsibility of the secretary to the Planning Commission to promptly file the final plat with the county clerk. The applicant shall be responsible for paying all recording fees and costs. (c -e) A minor plat may be approved by the Director of Planning. The approved plat shall be signed by the secretary and chairman of the Planning Commission. A minor plat is a final plat that consists of four (4) or fewer lots fronting on an existing street and not requiring the creation of any new streets or the extension of municipal facilities. A minor plat shall comply with all the regulations of the subdivision and the zoning ordinances. The Director of Planning may, for any reason, elect to present the plat to the Planning Commission to approve the plat. The Planning Director shall not disapprove a minor plat, but shall refer any plat which he refuses to approve to the Planning Commission to be heard within thirty (30) days of submission of the plat in his office. (df) The Planning and Zoning Commission shall aet o approve, . approve with conditions or disapprove a minor' plat that is referred from the Director of PlanWpg within thirty (3 0) days after the date the plat is filed for consideration. LI ) The Planning Commission shall provide the applicant a written statement of the conditions for the conditional approval or reasons for disapproval that clearly articulate the reason for the conditional approval or disapproval. The applicant may submit a written response that satisfies each condition for the conditional approval or remedies each reason for disapproval at ani time following the conditional approval or disapproval. The Planning ission shall determine whether tc amended plat no later than the fifteenth (15th) day after the applicant's response is submitted. If the review by the Planning Commission is not made within this time, the plat shall be deemed to have been approved by the Ply Commission. If the Planning and Zoning Commission fails to act on the plat within the prescribed period, the plat shall be deemed approved. request shW! issue a ceftifleate stating the date the pla Aaxas ff-Reed wand f -hat the plafming and b eenuBissien Read aet on the lat w4hin the thirl' ee-Aifieate is eff-eefive in plaeo of the endepseme-FA r-e-quir-e4 for- the filing of -the p! Review time may be extended for an additional thirty(30) days if the applicant submits the request in writing and this request is approved by the Planning Commission. Approval of the plat shall be accompanied by a Certificate of Approval, signed_ by the chairman and secretary of the Planning Commission. (Ordinance 83-95, sec. 2, adopted 9/13/83; Ordinance 83-145, sec. 1, adopted 10/25/83; Ordinance 91-83, sec. 1, adopted 10/8/91; Ordinance 92-55, sec. 1, adopted 7/28/92; 1978 Code, sec. 24-9) Q AM Sec. 26.02.004 Vacation of plats, replats and resubdivisions (a) Any such plan, plat or replat may be vacated by the proprietors of the land covered thereby at any time before the sale of any lot therein by a written instrument declaring the same to be vacated, duly executed, acknowledged and recorded in the same office as the plat to -be vacated, provided the approval of the Planning Commission shall have been obtained as above provided, and the execution and recordation of the instrument shall operate to destroy the force and effect of the recording of the plan, plat or replat so vacated. In cases where lots have been sold, the plan, plat or replat, or any part thereof, may be vacated upon the application of all the owners of lots in said plat and with the approval, as above provided, of the Planning Commission. The county clerk of the county in whose office the plan or plat thus vacated has been recorded shall write in plain, legible letters across the plan or plat so vacated the word "vacated," and also make a reference on the same to the volume and page in which said instrument of vacation is recorded. (b) In the event there is not compliance with subsection (a) of this section, a replat or resubdivision of a plat, or a portion thereof, without vacation of the previous plat, is hereby expressly authorized to be recorded and shall be deemed valid and controlling, when approved, after a public hearing by the Planning Commission when: (1) It has been signed and acknowledged by only the owners of the particular property which is being resubdivided or replatted; (2) It has been approved by the Planning Commission or other appropriate governing body, as the case may be, after- a publie hearing in r-clatien thereto at hie v,aAi.n ire kAUIe dst nv�� eitizens nti,n�I have a oppe .}��r�t1}i� to be hear - ea -�• ZLi a+, ___—r---_-_-----__-_-_ ___-__- _____ - - it � (3) It does not attempt to alter, amend, or remove any covenants or restrictions; and (4) There is compliance, when applicable, with subsections (c) and (d) of this section. Q If a proposed replat requires a variance or waiver, a public hearing must be held by the Planning Commission. (c) The following additional requirements for approval shall apply in any resubdivision or replatting of a subdivision, without vacating the immediate previous plat, if any of the proposed area to be resubdivided or replatted was within the immediately preceding five (5) years limited by any interim or permanent zoning classification to residential use for not more than two (2) residential units per lot, or if any lot in the immediate previous subdivision was limited by deed restriction to residential use for not more than two (2) residential units per lot. (1) Notice of such Planning Commission hearing shall be given in advance in the following manner: (A) Publication at least fifteen (15) days in advance of hearing being published in a paper of general circulation in the city; and (B) Written notice, with a copy of section 26.02.004(c)(2) attached to the notice of such hearing forwarded by the Planning Commission to owners (as the ownerships appear on the current tax roll of the city) or, if the replat is in the city's extraterritorial jurisdiction, then the most recently approved county tax roll of all lots in the immediately preceding subdivision plat within two hundred (200) feet of the proposed replat not less than fifteen (15) days prior to the date of such hearing; such notice is considered served when it is deposited, properly addressed and postage paid, in a post office or postal depository within the boundaries of the city. (2) If the proposed replat is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of all members of the Planning Commission. For a legal protest, written instruments signed by the owners of at least twenty (20) percent of the area of the lots or land, including streets and alleys, immediately adjoining the area covered by the proposed replat and extending two hundred (200) feet from that area, but within the original subdivision, must be filed with the secretary of the Planning Commission prior to the close of the public hearing. (3) Provided, however, compliance with subsection (1) or (2) of this subsection shall not be required for approval of a replatting or resubdividing of a portion of a prior plat if all of the proposed area sought to be replatted or resubdivided was designated or reserved for usage other than for single or duplex family residential usage by notation on the last legally recorded plat or in the legally recorded restrictions applicable to such plat. (d) Notwithstanding any other provision of this section, the Planning Commission is authorized to approve and issue an amending plat which is signed by the applicants only, and which is for one or more of the. purposes set forth in the following subsections (1) through (9), inclusive, and such approval and issuance shall not require notice, hearing, or approval of other lot owners. This subsection shall apply only if the sole purpose of the amending plat is: (1) To correct an error in any course or distance shown on the prior plat; (2) To add any course or distance that was omitted on the prior plat; (3) To correct an error in the description of the real property shown on the prior plat; (4) To indicate monuments set after death, disability, or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments; (5) To show the proper location or character of any monument which has been changed in location or character or which originally was shown at the wrong location or incorrectly as to its character on the prior plat; (6) To correct any other type .of scrivener or clerical error or omission as previously approved by the Planning Commission; such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent recorded plats; (7) To correct an error in courses and distances of lot lines between two (2) adjacent lots where both lot owners join in the application of plat amendment and neither lot is abolished, provided that such amendment does not attempt to remove recorded covenants or restrictions and does not, have a materially adverse effect on the property rights of the other owners in the plat; (8) To relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement; (9) To relocate one or more lot lines between one or more .adjacent lots where the owner or owners of all such lots join in the application for the plat amendment, provided that such amendment does not: (A) Attempt to remove recorded covenants or restrictions; or (B) Increase the number of lots. (Ordinance 83-95, sec. 2, adopted 9/13/83; Ordinance 85-113, sec. 1, adopted 11/19/85; Ordinance 91-83, sec. 1, adopted 10/8/91; 1978 Code, sec. 24-10) State law reference—Replatting without vacating preceding plat, V.T.C.A., Local Government Code, sec. 212.014. .+. Sec. 26.02.005 Acceptance of dedication offers Acceptance of offer of dedication of streets, utilities, public areas and parks shall be by action of the City council or Commissioners Court if located within the ETJ. The approval by the Planning Commission of a subdivision plat shall not be deemed to constitute or imply the acceptance by the city of any street or utility easements or improvements shown on said plat. (Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-11) 4+ ARTICLE 26.03 GENERAL DESIGN PRINCIPLES AND SPECIFIC DESIGN STANDARDS AND IMPROVEMENT REQUIREMENTS 0A L -a Sec. 26.03.001 General design principles The quality of design of the urban area is dependent on the design quality of the individual subdivisions that compose it. Good community design requires the coordination of the efforts of each subdivider and developer of land within the urban area. Therefore, the design of each subdivision shall be prepared in accordance with the design principles, concepts and standards in the comprehensive plan document which includes the land use element, transportation elements, community facilities element and utilities element as approved by the city and on file in the office of the city clerk, and in accordance with the following provisions: (a) Neighborhood unit concept. It is intended that the urban area shall be designed as a group of integrated residential neighborhoods with appropriate activity centers and corridors and industrial areas. The following design principles are central to the neighborhood unit concept: (1) Arterial streets are routed around -the perimeter of the neighborhood. (2) Collector streets should disperse local traffic to arterial streets without bisecting the neighborhood. Collector streets should be designed so as to discourage their use as cross-town, arterial streets. (3) Children can walk to school and play areas through pedestrian ways or open space corridors separated from streets and the hazards of moving automobiles. (4) Residential streets should provide good access to residential units, but should be planned so that they will not be used as through -traffic routes. Cul-de-sacs, curved street layouts, and light-duty surfacing should be used to promote low traffic volumes and preservation of residential character. (5) The elementary school and neighborhood park and playground should be located in the center of the residential area while major streets are routed along the perimeter. Each family should be within one-half mile of the neighborhood center. (6) Public buildings and multifamily dwellings are located so as to form a buffer between the more intense activity of the shopping center and the quiet atmosphere of the single-family residential areas. (7) The neighborhood shopping center is located on arterial streets. This gives good access both from within and outside of the neighborhood. Residents of other areas can reach the shopping center without traveling through the neighborhood. (b) Physical conditions. The arrangement of lots and blocks and the street system should be designed to make the most advantageous use of topography, and natural physical features. Tree masses and large individual trees should be preserved. The system of streets and sidewalks, and the layout and arrangement of blocks and lots should be designed to take advantage of the natural and scenic qualities of the area. Land which the Planning Commission fords to be unsuitable for subdivision or development due to flooding, improper drainage, adverse earth formations, utility or pipeline easements or other features which will reasonably be harmful to the safety, health and general welfare of the present or future inhabitants of the subdivision or its surroundings, shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by. the Planning Commission that will solve the problems created by the unsuitable land conditions. (c) The following general design requirements ensure that the proposed subdivision is coordinated with its immediate neighbors with respect to land use, street connections, utilities, drainage facilities and the possible dedication of parks and open spaces: (1) When a tract is subdivided into larger than normal building lots, such lots shall be so arranged as to permit the logical location and opening of future streets and possible resubdivision of lots with provisions for adequate utility easements and connections. (2) When the plat to be submitted includes only part of the contiguous property owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider. (3) The subdivision plat shall provide for the logical extension of abutting and proposed utilities and drainage easements and improvements in order to provide for system continuity and to promote future development of adjacent areas. (Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-12) .*. Sec. 26.03.002 Streets The arrangement, classification, character, extent, width, grade and location of all public and private streets shall conform to the major street and highway plan, the official street construction standards and the official street construction specifications of the city and shall be designed in accordance with the following provisions: (a) The subdivider shall be required to dedicate appropriate right-of-way for major arterial streets required within or abutting said subdivision in accordance with the street and highway plan. The right-of-way required for major arterial streets shall be from eighty (80) feet to one hundred twenty (120) feet in width as may be required. The pavement width of arterial streets shall be forty-four (44) feet to one hundred (100) feet from face to face of curb including channelization and storage lanes as may be appropriate. (b) The subdivider shall be required to dedicate appropriate right-of-way for minor arterial streets required within or abutting said subdivision in accordance with the street and highway plan. The right-of-way required for arterial streets shall be from sixty (60) feet to ninety (90) feet in width as may be required. The pavement width of arterial streets shall be thirty-six (36) feet to sixty (60) feet from face to face of curb including channelization and storage lanes as may be appropriate. (c) Industrial streets, as required, shall be constructed by the subdivider. The right- of-way required for industrial streets shall be a minimum of seventy (70) feet in width. The pavement width of industrial streets shall be a minimum of forty (40) feet from face to face of curb. The city will pay the difference in pipe size costs when a larger storm sewer pipe than adequate for a particular subdivision is required by the city. (d) Collector streets and minor collector streets shall be constructed in new subdivisions by the subdivider. A street serving more than sixty-four (64), but less than four hundred fifty (450) dwelling units, shall be a minor collector street with a right-of-way of no less than sixty (60) feet and a thirty -six-foot face of curb to face of curb pavement. A street serving more than four hundred fifty (450) dwelling units shall provide access to an arterial as a collector street with a minimum right-of-way of sixty-five (65) feet and a pavement of forty-five (45) feet face of curb to face of curb. Collector streets should not be developed with direct driveway access or parking. The city will pay the increase in cost when a lager storm sewer pipe than adequate for a particular subdivision is required by the city. The increase in cost for a larger pipe will be calculated by determining the increase in pipe cost and multiplying by two (2). (e) Residential streets shall be constructed in new subdivisions by the subdivider. The right-of-way required for residential streets shall be fifty (50) feet in width. Pavement width shall be twenty-six (26) feet from face to face of curb. A single outlet residential street shall serve no more than thirty-two dwelling units. A double outlet residential street, such as a loop configuration, shall serve no more than sixty-four (64) dwelling units. The city will pay the increase in cost when a larger storm sewer pipe than adequate for a particular subdivision is required by the city. Increase in cost for a larger pipe will be calculated by determining the increase in pipe cost and multiplying by two (2). Roll -type curbs are allowed. (f) Minor residential streets shall be constructed in new subdivisions by the subdivider. The right-of-way required for minor residential streets shall be forty (40) feet in width. Pavement width shall be twenty (20) feet from face to face of curb. Minor residential streets are either cul-de-sac streets servicing less than fifteen (15) dwelling units or one-way loop streets with no on -street parking that service less than twenty (20) dwelling units. The city will pay the increase in cost when a larger storm sewer pipe than adequate for a particular subdivision is required by the city. Increase in cost for a larger pipe will be calculated by determining the increase in pipe cost and multiplying by two (2). Roll -type curbs are. allowed. (g) Offsets in street alignment shall be avoided. When a subdivision street is intersected by two (2) other subdivision streets, the intersecting streets should form a four -leg intersection or two (2) three -leg intersections offset at their centers by at least one hundred fifty (150) feet. In the case of two (2) collector or arterial street intersections, a larger street offset may be required to allow for left turn storage between intersections. Intersections of five (5) or more approaches shall be avoided. The preferred angle of intersection of intersection streets is ninety (90) degrees. Acute angles between streets in subdivisions at their intersection shall be avoided; provided, that when intersecting angles sharper than eighty (80) degrees are deemed necessary by the city, the property line in the small angle of the intersection shall be rounded, or otherwise located, so as to permit the construction of curbs having a radius of not less than twenty-five (25) feet without decreasing the normal width of the sidewalk area. (1) A cul-de-sac shall be no more than eight hundred (800) feet long, unless topography, density, adequate circulation, or other unusual conditions necessitate a greater length, and shall terminate at a circle with a minimum right-of-way radius of fifty (50) feet and a pavement radius of thirty-three (33) feet back to back of curb. (2) When the Planning Commission determines that there is a reasonable expectation that a dead-end street will be extended within two (2) years, construction of a temporary cul-de-sac may be approved. The Planning Commission may waive temporary cul-de-sac requirements for dead-end streets when the street is less than two hundred (200) feet in length. The portion of the temporary cul-de-sac which will serve as an extension of the street shall be constructed in accordance with the city standards and that additional portion of the temporary cul-de-sac shall be in accordance with the city standards for a permanent cul-de-sac or a cement stabilized base with an -asphaltic concrete surface. The pavement radius shall be twenty-five (25) feet within a fifty -foot right-of-way (in fee or easement). No parking shall be allowed on a street terminating with a temporary cul-de-sac. No curb shall be required on a temporary cul-de-sac. (3) If the street extension is not under construction within two (2) years of the date of city acceptance of the dead-end street on which a temporary cul-de-sac was permitted, then the developer shall construct a permanent cul-de-sac in accordance with city standards within six (6) months of the end of the two-year period. (4) When the street is extended, the developer shall remove the temporary portion of the cul-de-sac and install curbs and other improvements necessary to conform with city standards.. Driveways shall be extended from the existing driveways to connect to the street after the extension. (h) Where a residential subdivision borders on or contains an existing or proposed arterial street, the Planning Commission shall require that access to such streets be limited by: (1) The subdivision of lots so as to back into the primary arterial and front onto a parallel local street with a non -access reservation strip along the rear property line to prevent access from the arterial; (2) Providing a series of cul-de-sacs, U-shaped local streets, or short loops entered from and designed generally at right angles to a parallel street, with the rear lot lines of their terminal lots backing into the arterial street. (i) Residential and minor residential streets should be designed so that at least eighty (80) percent of the buildings in the subdivision can be oriented on streets parallel to nine (9) degrees south of west, with a possible variation to six (6) degrees north of west, or to twenty-five (25) degrees south of west. Exceptions to this required orientation may be granted when it is shown that strict compliance is infeasible due to the size, configuration, or orientation of the property, the nature of surrounding development, circulation patterns, improved design or existing physical features of the site. 0) Rural streets may be provided in neighborhoods zoned Agricultural -Residential (A -R) or outside the city limits, but within our extraterritorial jurisdiction with lots conforming to the A -R District. A single outlet rural street shall serve no more than twenty-four (24) dwelling units and may be eight hundred (800) feet long as a cul-de- sac. A rural street shall have a sixty -foot right-of-way with a twenty (20) foot concrete pavement. Curbs are not required and open roadside ditches may be used for drainage. No parking shall be allowed along a rural street right-of-way. Streetlights shall be at each street intersection, but may be spaced at an average of six hundred (600) feet between intersections. (k) For subdivisions located within the planning area, as defined herein, street design, construction and acceptance shall be in accordance with the standards set forth in the Jefferson County Subdivision and Development Regulations and approved by the county engineer. Curbs are not'required and open roadside ditches may be used for drainage. (Ordinance 83-95, sec. 2, adopted 9/13/83; Ordinance 84-167, sec. 1, adopted 12/18/84; Ordinance 91-83, sec. 2, adopted 10/8/91; 1978 Code, sec. 24-13; Ordinance 16-006, sec. 2, adopted 2/2/16) A. Sec. 26.03.003 Alleys The minimum width of any alley shall be twenty (20) feet, except that where both sides abut residential property a fifteen -foot alley may be used, with an easement and building line on both sides of at least two and one-half '(2-1/2) [feet] and a five-foot cutoff at all acute corners. (Ordinance 83-95, sec. 2, adopted -9/13/83; Ordinance 91- 83, sec. 2, adopted 10/8/91; 1978 Code, sec. 24-14) 4� See. 26.03.004 Sidewalks A certificate of occupancy and/or compliance for a lot shall not be issued until the sidewalk requirements for that lot are met. When platting, sidewalks shall be installed prior to the final building inspection. If the lot is not developed within -five (5) years of the recordation of the final plat, the current property owner shall construct the sidewalk. A building permit includes the construction of any sidewalk that may be required for that lot. Sidewalks shall be constructed under the following conditions: (a) Residential. (1) To complete an existing sidewalk system. (2) Within new subdivisions. (3) On all arterial and collector streets. (4) On all "safe school routes." "Safe school routes" shall be those which have been developed and designated by the Planning and Zoning Commission with necessary assistance from the transportation division and appropriate affected school authorities. (5) Sidewalks shall have a minimum width of four (4) feet if built a minimum distance of two (2) feet from the back of the curb. Sidewalks constructed at the back of the curb shall have a minimum width of five (5) feet. (b) Commercial and industrial. (1) To complete an existing sidewalk system. (2) Within new subdivisions. (3) On all arterial and collector streets. (4) On all "safe school routes." "Safe school routes" shall be those which have been developed and designated by the Planning and Zoning Commission with necessary assistance from the transportation division and appropriate affected school authorities. (5) Sidewalks shall have a minimum width of five (5) feet. (c) The.Planning and Zoning Commission may grant a waiver to the sidewalk requirement if the applicant can prove that there is an engineering reason for not installing a sidewalk. (d) For subdivisions located within the planning area, as defined herein, sidewalks shall not be required. (Ordinance 83-95, sec. 2, adopted 9/13/83; Ordinance 91-83, sec. 2, adopted 10/8/91; 1978 Code, sec. 24-15; Ordinance 10-050, sec. 1, adopted 6/29/10; Ordinance 12-074, secs. 1-3, adopted 9/25/12; Ordinance 16-006, sec. 3, adopted 2/2/16) Sec. 26.03.005 Easements (a) Minimum utility easements of between ten (10) and twenty (20) feet shall be provided along rear and side lot lines when necessary for use by public and private utilities. Provided, however, that the Planning Commission may require easements of greater widths for the extension of main storm sewers, water lines or sanitary sewers and other utilities when it is. deemed necessary. (b) Minimum drainage easements shall be required when a subdivision is traversed by a watercourse, drainage channel, stream or underground conduits. Minimum easements shall be adequate to provide for the drainage requirements as determined by the City Engineer or any local drainage districts. , (c) Utility easements should be laid out with the following widths and locational order for each facility. (1) A twenty -foot perimeter easement beginning at the property line; the phone line should -be offset three and one-half (3-1/2) feet, the electrical lines offset seven (7) feet and the poles nine (9) feet, the sanitary sewer offset thirteen (13) feet, the cable television offset sixteen (16) feet and gas line offset at eighteen (18) feet. (2) For a twenty -foot back-to-back easement beginning at the north or east line of the easement, the phone line should be offset two (2) feet, the electrical lines offset five (5) feet and the- poles seven (7) feet, the sanitary sewer line offset twelve (12) feet, the gas line offset sixteen (16) feet, and the cable television line offset eighteen (18) feet. (3) For a street right-of-way utility layout the storm sewer should be one and one-half feet behind the curb, the gas line five (5) feet, the sanitary sewer seven (7) feet with the water line on the other side of the right-of-way, electrical lines ten (10) feet, cable television twelve (12) feet and telephone at fourteen (14) feet. A five-foot utility easement adjacent to both sides of the right-of-way is required. (4) All utilities placed underground shall be at a depth of not less than twenty-four (24) inches measured from top of curb or pavement. (5) Storm sewers shall be located within a dedicated right-of-way or a dedicated storm sewer easement, but not within a utility easement. (Ordinance 83-95, sec. 2, adopted 9/13/84; Ordinance 91-83, sec. 2, adopted 10/8/91; 1978 Code, sec. 24-16) A -v Sec. 26.03.006 Blocks The lengths, widths, and shapes of blocks shall be determined with due regard for the following: (a) Blocks used for residential purposes should be of sufficient width to allow for two (2) tiers of lots�of appropriate depth. Exceptions to this standard shall be permitted in blocks adjacent to major streets, railroads, or waterways. (b) Maximum block lengths for residential use should not exceed one thousand two hundred (1,200) feet. Wherever practical, blocks along arterials should not be less than one thousand (1,000) feet in length. (Ordinance 83-95, sec. 2, adopted 9/13/83; Ordinance 91-83, sec. 2, adopted 10/8/91;. 1978 Code, sec. 24-17) Q 1 See. 26.03.007 Lots (a) Minimum width, depth and area. Lots shall have a minimum width, depth and area of not less than that required by the zoning ordinance for the zoning district in which the lots are located. All lots shall abut a public or private street and shall abut the street no less than the required lot width for that lot with the exception of cul-de-sacs which shall have no less than twenty-five (25) feet of frontage. Minimum lot widths within the extraterritorial jurisdiction (ETJ) shall be based on proposed use corresponding to the zoning requirements if developed within the city limits. Provided, however, that corner lots 'in RS, Residential Single -Family Dwelling Districts, shall have a minimum lot width of sixty (60) feet. Side lot lines should state fully the grounds for the application and all of the facts relied upon the applicant [sic]. (b) Exception for lot splits; exemptions from preliminar,plat requirements; appeals. (1) Exceptions for lot splits. The requirements of this section shall not apply to the resubdivision of industrial lots or commercial lots when four (4) or fewer lots are involved and the resulting lots meet all the minimum lot area, width, and depth requirements of the zoning ordinance. (2) Exemptions from preliminary plat requirements. A preliminary plat shall not be required for the subdivision or resubdivision of a tract of land provided the following conditions exist or have been met: (A) Each block and subdivided lot fronts upon a dedicated street or a private street or drive previously approved by the Planning Commission; (B) Provisions have been made for all utilities, easements, and improvements required to serve each block and lot in accordance with the requirements of this chapter; (C) The resulting lots meet the minimum lot area; width, depth and yard- regulations for the zoning district in which the property is located; and (D) Existing buildings and structures located on the lots are in compliance with the firewall regulations of the building code. Applicants using this exemption from preliminary plat requirements must submit and obtain approval from the Planning Commission for the final plat. Final plats accompanied by written evidence from the various utility agencies and departments that all drainage and utilities easements and improvements are satisfactory shall be submitted not less than three (3) working days prior to the Planning Commission meeting at which consideration is requested. (c) Appeals. Any applicant aggrieved by any order, requirement, decision or determination made by the secretary of the Planning Commission involving the administration, interpretation and enforcement of this section, may appeal the decision to the Planning Commission. Such appeal shall be made by filing an application setting forth that such decision was improper in whole or in part, _and specifying the grounds for the alleged impropriety. (Ordinance 83-95, sec. 2, adopted 9/13/83; Ordinance 91-83, sec. 2, adopted 10/8/91; 1978 Code, sec. 24-18) See. 26.03.008 Streetlights (a) Streetlights are required in all subdivisions developed after the effective date of this chapter, consistent with the following criteria: (1) The minimum capacity of residential luminaires shall be one hundred (100) watt high pressure sodium (8,500 lumens) or an approved equal. (2) Streetlights shall be installed at all intersections and at additional locations not less than two hundred (200) feet apart. Locations shall be designated so as to provide an average separation of approximately two hundred fifty (250) feet. Variations shall occur only where lot widths and/or other conditions necessitate. (3) The subdivider, in cooperation with Gulf States Utilities Company, shall designate proposed streetlight locations on the preliminary plat. (4) The Director of Transportation shall approve streetlight locations and may require relocation of designated streetlights and/or addition or deletion of streetlights. (b) All costs associated with the construction and installation of streetlights in subdivisions developed after the effective date of this chapter shall be paid by the subdivider. Payment of said costs shall be a prerequisite to approval of the final plat of the subdivision. (c) Upon installation and acceptance of any public streetlight at .a location established in accordance with the above guidelines, the city shall assume the monthly power and maintenance cost charges set in the current rate schedule. (d) For subdivisions located within the planning area, as defined herein, streetlights shall not be required. (Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-19; Ordinance 16-006, sec. 4, adopted 2/2/16) .�. Sec. 26.03.009 House numbers House numbers will be allocated to lots. The house numbers will be coordinated with the master plan of house numbering within the city limits; i.e., one house number to be allocated for each twenty -foot strip, of lot width, the even numbers on one side of the street beginning with ten (10) and the odd numbers on the other side of the street beginning with five (5). (Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-20) .�. Sec. 26.03.010 Street monuments, survey monuments and lot markers (a) Concrete monuments, eight (8) inches in diameter by thirty (30) inches long, shall be placed at all corners of boundary lines and at curve points and angle points of a subdivision, and in any case, not more than one thousand (1,000) feet apart. The exact intersection point on the monument shall be marked by a copper pin one-fourth of an inch in diameter embedded at least three (3) inches in the monument. The top of the monument shall be placed flush with the natural ground or in the event grading is required it shall be placed flush with the finished grade. (b) The description and location of permanent survey reference monuments shall be shown. These shall be other than, and in addition to, markers set for block or lot corners. They shall be of concrete, of the same type as street monuments, and wherever practical, they shall be set so that the top of the monuments will be not less than twelve (12) inches below the ground surface after contemplated improvements are completed. (c) Lot markers shall be metal, concrete or other reasonably permanent material and shall be placed flush with the ground, or countersunk, if necessary, in order to avoid being disturbed. (Ordinance 83-95, sec. 2, adopted 9-13-83; 1978 Code, sec. 24-21) Q, Ito Sec. 26.03.011 Water and sanitary sewers Utility easements and water and sewer facilities shall be provided by the subdivider in accordance with the standards and specifications for minimum water and sanitary sewer requirements on file in the office of the Water Utilities Director for the city. (Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-22) Sec. 26.03.012 Drainage and storm sewers The subdivider shall provide for all stormwater easements and improvements in accordance with the plans approved by the City Engineer. Such plans shall be identical to the plans which were submitted for purposes of approval of the preliminary and final plat. (Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-23) it Sec. 26.03.013 Shade trees in single-family residential districts As a requirement of subdivision approval, the subdivider shall plant or retain one (1) shade tree in the required front yard of each lot. Acceptable shade trees shall include oaks, pines, Chinese tallows, elms, ginkgos (male preferred), sycamore, or other similar native shade tree species. Such trees shall be a minimum of six (6) feet in height immediately upon planting and have a two (2) inch caliper measured eighteen (18) inches from the ground. (Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-24) ... ARTICLE 26.04 ASSURANCE FOR COMPLETION OF IMPROVEMENTS .. Sec. 26.04.001 Completion of improvements Before the final plat is signed by the chairman of the Planning Commission and filed by the secretary of the Planning Commission, the subdivider shall complete, in a manner satisfactory to the City Engineer, all improvements required in these regulations as approved by the Planning Commission. Final plat approval and recordation shall not be granted until the subdivider has dedicated by instrument on the plat all public easements, property, and improvements, free and clear of all liens and encumbrances, and they have been accepted by the city council. (Ordinance 83- 95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-25) -Sec. 26.04.002 Alternatives to completion of improvements In lieu of requiring the completion of all improvements, except sidewalks (see subsection (5) below.), prior to the approval and the recording of the final plat, the city manager or his designee may, at his discretion, enter into an agreement with the subdivider whereby the subdivider shall provide one of the following guarantees: (a) The applicant shall post cash, a payment or performance bond, or an irrevocable letter of credit payable to the city in an amount equal to one hundred thirty (130) percent of the estimated cost. This amount shall include the city's cost of administering the completion of the improvement in the event the subdivider defaults as provided herein. The security shall be deposited with the city or in escrow with a bank at the option of the city. Such bond or letter of credit shall comply with all statutory requirements and shall be satisfactory to the city attorney as to form, sufficiency, and manner of execution as set forth in these regulations. The period within which required improvements must be completed shall be specified by the city manager or his designee and shall be incorporated in the bond or letter of credit. In. those cases where a bond or letter of credit has been posted and the required improvements have not been installed within the terms of the bond or letter of credit, the government body may thereupon declare the bond or letter of credit in default and require that all of the improvements be installed. (b) If a bank escrow is chosen, or if a letter of credit is submitted, the subdivider shall file with the city an agreement between the bank and the subdivider guaranteeing the following: (1) That the funds of said escrow account shall be held in trust until released by the city and may not be used or pledged by the subdivider as security in any other matter during that period; ,FTM (2) That in the case of a default on the part of the subdivider, the bank shall immediately make the escrowed funds available to the city for use in the completion of the required improvements. (c) In those cases where improvement guarantees have been made under the provisions of this section, the amount of the required guarantee may be reduced by the city manager upon acceptance of the dedicated portion\of the required improvements. The amount of the reduction shall not exceed the percentage which the newly accepted improvements are of all originally required improvements. In no case, however, shall the guarantee be reduced to less than fifteen (15) percent of the original amount. Upon acceptance of the dedication of the final portion of improvements, the city shall authorize the release of the remaining portion of the improvement guarantee. (d) Connections to city utilities shall not occur until all improvements, except for sidewalks, have been accepted by the city and the final plat has been approved and recorded. (e) On collector and higher classification streets, except for residential streets, sidewalks are required prior to the approval and recordation of the final plat. On non - major streets, in lieu of requiring sidewalks prior to the approval and recording of the final plat, the subdivider will place a note on the plat that sidewalks are required prior to the final building inspection and will deed restrict each lot requiring the owner of each lot to construct the sidewalk prior to the completion of the structure and the final building inspection. At all street intersections, sidewalk ramps will be built to meet ADA requirements prior to the approval and recordation of the final plat. (Ordinance 83-95, sec. 2, adopted 9/13/83; Ordinance 92-56, sec. 1, adopted 7/28/92; Ordinance 00-76, sec. 1, adopted 9/5/00; 1978 Code, sec. 24-26; Ordinance 12-074, secs. 4-6, adopted 9/25/12) Sec. 26.04.003 Deferral of waiver of required improvements (a) The Planning Commission may defer, reduce or waive at the time of plat approval, subject to appropriate conditions, the provision of any or all such improvements as, in its judgment, are not necessary in the interest of the public health, safety, and general welfare or which are inappropriate because of inadequacy or lack of connecting facilities. (b) Whenever it is deemed necessary by the Planning Commission to defer the construction of any improvements required herein because of incompatible grades, future planning, inadequate or lack of connecting facilities, or for other reasons, the subdivider shall pay his share of the costs of the future improvements prior to approval and recording of the final plat. In lieu of a cash payment, the subdivider may use one of the other improvement guarantees set forth in section 26.04.001 26.0 4.0021. (Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-27) u ARTICLE 26.05 ADNIINISTRATION Sec. 26.05.001 Enforcement, violations and penalties, and civil remedies (a) The provisions of this chapter shall be administered and enforced by the city manager or his designate. (b) Any person, firm, corporation or entity that violates or assists in the violation of any of the provisions of this chapter, or fails to comply with any of the requirements thereof, shall be guilty of a misdemeanor and upon conviction shall be punished as provided for in section 1.01.009. of the Code of Ordinances of the city. Each day such a violation exists shall constitute a separate offense. (c) In order to enforce the provisions of this chapter, the city attorney is. authorized to institute any civil action in the appropriate court upon the prior approval of the city manager. (Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-29) .. Sec. 26.05.002 Variances, exceptions and appeals (a) Where the Planning Commission finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations or that public interest may be served by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured provided that such variances shall not have the effect of nullifying the general intent and purpose of these regulations; and furtlier provided that the Planning Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that: (1) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property. . (2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property. (3) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict terms of these regulations are enforced. (4) The variance will not in any significant way vary the provisions of the zoning ordinance, zoning map, or comprehensive plan. (b) In approving variances, the Planning Commission may impose such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of these regulations. (c) A petition for any such variance shall be submitted in writing by the applicant at the time when the preliminary plat is filed for the consideration of the Planning Commission or when a final plat is filed for consideration of the Planning Commission under the terms of this chapter. The ,petition shall state fully the grounds for the application and all of the facts relied upon the applicant. (1) Exemptions for lot splits. The requirements of this chapter shall not apply to the resubdivision of industrial lots, commercial lots, multiple -family lots (or portions of such lots), or condominium or "townhouse" regimes in subdivisions legally platted and filed for record in Jefferson County when the resulting lots meet all the minimum lot area, width and depth requirements of the zoning ordinance. (2) Exemptions from preliminary plat requirements. A preliminary plat shall not be required for the subdivision or resubdivision of a tract of land provided the following conditions exist or have been met: (A) Each block and subdivided lot fronts upon a dedicated street or a private street or drive previously approved by the Planning Commission; (B) Provisions have been made for all utilities, easements, and improvements, required to serve each block and lot in accordance with the requirements of this chapter; (C) The resulting lots meet the minimum lot area, width, depth and yard regulations for the zoning district in which the property is located; (D) Existing buildings and structures located on the lots are in compliance with the firewall regulations of the building code. Applicants using this exemption from the preliminary plat requirements must submit and obtain approval from the Planning Commission for the final plat. Final plats accompanied by written evidence from the various utility agencies and departments that all drainage and utilities easements and improvements are satisfactory shall be submitted not less than three (3) working days prior to the Planning Commission meeting at which consideration is requested. (3) Appeals. Any applicant aggrieved by any order, requirement, decision or determination made by the secretary of the Planning. Commission involving the administration, interpretation and enforcement of this chapter, may appeal the decision to the Planning Commission. Such appeal shall be made by filing an application setting forth that such decision was improper in whole or in part and specifying the grounds for the alleged impropriety. (Ordinance 83-95, sec. 2, adopted 9/13/83; 1978 Code, sec. 24-30; Ordinance adopting Code) Q. Sec. 26.05.003 Application fees An application processing fee of three hundred ffty dollars ($ 00.00) ($350.00) shall be paid at the time of the filing of an application for preliminary1 final plat, replat, or vacation of a plat. An application processing fee of one two hundred dollars WOO.08) ($200.00) shall be paid at the time of filing of an application for a minor or amended plat. For resubdivision or replats involving advertising and public notification of surrounding property owners, an additional application processing fee of two hundred dollars ($200.00) shall be paid at the time of the filing of the application. When construction is required, such as on a preliminary plat, the subdivider shall pay a development review fee equal to two (2) percent of estimated construction cost at the time construction drawings are submitted to the Cites ig_neer for approval or a registered professional engineer shall certify to the city that the development has been built according to the approved construction drawings and city'standards after the completion of construction. (Ordinance 83-95, sec. 2, adopted 9/13/88; Ordinance 91- 83, sec. 3, adopted 10/8/91; 1978 Code, sec. 24-31) 5 August 27, 2019 Consider authorizing the City Manager to enter into an agreement with Mardi Gras of Southeast Texas, Inc. BEA.U.MONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Lenny Caballero, Director of Event Facilities MEETING DATE: August 27, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into an agreement with Mardi Gras of Southeast Texas, Inc. BACKGROUND Mardi Gras of Southeast Texas, Inc. is requesting that the .City of Beaumont serve as the host city for its Mardi Gras festivities for the next five years, beginning in 2020. The four-day event includes multiple parades, live entertainment, a carnival and other attractions. The Event Facilities Department would assist in coordinating, planning, and executing the associated activities with Mardi Gras of Southeast Texas, Inc. at various city -owned properties such as the Great Lawn and Downtown Event Centre. 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 execute a Memorandum of Agreement between the City of Beaumont and Texas Mardi Gras of Southeast Texas, Inc. for the City of Beaumont to serves as the host city for Mardi Gras activities. The Memorandum of Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of August, 2019. - Mayor Becky Ames - MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF BEAUMONT, TEXAS AND MARDI GRAS OF SOUTHEAST TEXAS, INC. THIS AGREEMENT, is made by and between the City of Beaumont, Texas ("City") and Mardi Gras of South -East Texas, Inc. ("MGSET"). WITNESSETH: WHEREAS, the City and MGSET desire to enter into this Agreement defining and coordinating the duties and responsibilities of the parties to this Agreement, to facilitate the expeditious and efficient organization of Mardi Gras activities; and, NOW, THEREFORE, it is hereby agreed that the City and MGSET enter into -this Agreement regarding said Mardi Gras activities scheduled for the years this agreement is in effect: 1. General Provisions. During the Mardi Gras period (the twenty -day period immediately preceding Ash Wednesday of each year subject to this Agreement), MGSET shall coordinate and schedule all public Mardi Gras events and functions described in this agreement. 2. Duties of MGSET. MGSET does hereby agree to be responsible for the following activities in connection with Mardi Gras, at its expense: a) MGSET shall coordinate all Mardi Gras activities, and shall, when necessary, secure special approval of the City or its authorized representatives. MGSET shall submit annually a master plan to the City on or before January 1st of each year during the term'of this Agreement of all activities to be undertaken as a part of the Mardi Gras festivities. The master plan as approved by the City Manager or his designee shall be and become a part of this agreement by reference. EXHIBIT "A" b) MGSET shall obtain at its sole cost and expense and cause to be kept in full force and effect at all times during the Mardi Gras festival a legally binding policy of insurance issued by best rated carriers approved to do business in the State of Texas by the State Insurance Commission. The insurance coverage under such policy shall be comprehensive general public liability insurance, and shall name and include the City, its officers, employees and agents as additional named insureds, protecting them from liability from any such matters arising out of the Mardi Gras festival. The policies must be endorsed to state that the coverage extended to the City of Beaumont, its officers, employees and agents, is to be primary irrespective of any other primary insurance coverage maintained by the City of Beaumont. The limits of coverage under the policy shall be a minimum of One Million ($1,000,000.00) Dollars combined single -limit coverage for death of or injury to person and/or property damage per occurrence. The insurance policy shall additionally provide contractual liability coverage for MGSET and indemnification of the City. MGSET shall also at its sole cost and expense, obtain, and cause to be kept in full force and effect at all times during the Mardi Gras Festival period, a legally binding policy of Liquor Liability Insurance and shall name the City, its officers, employees and agents as additional named insureds. The limits of coverage under this policy shall be a minimum of One Million ($1,000,000.00) Dollars. The coverage provided under any of the above policies of insurance shall be on a per occurrence basis. The naming of the City, its officers, employees and agents as additional named insureds in the policy as required shall not thereby cause them to be deemed partners or joint ventures' with MGSET. The policy shall be performable in Beaumont, Jefferson County, Texas, and shall be construed in accordance with the laws of the State of Texas. A certificate of all such insurance coverage shall be delivered to the City through its City Manager no later than thirty (30) days before the commencement of the Mardi Gras Festival. The policy shall provide that it shall not be subject to cancellation by the insurers except upon delivery of written notice to the City Manager at least fifteen (15) days prior to the effective date of cancellation; and in such case MGSET shall, prior to the effective date of cancellation, secure substitute policies furnishing the same coverages set forth above. The furnishing of such insurance coverage shall not in any way, limit or satisfy any of MGSET's obligations under this section. The requirements for Liquor Liability Insurance and a license for the sale of alcoholic beverages shall also apply to any individual or group selected by MGSET to sell alcoholic beverages during the Mardi Gras Festival. c) MGSET shall secure, maintain and provide to the City of Beaumont a valid license to sell alcoholic beverages issued by the Texas Alcoholic Beverage Commission to sell alcoholic beverages in the designated areas during the Mardi Gras Festival. Any notice of cancellation or violation of any required license shall be provided to the City within twenty-four (24) hours of being notified of same by the T.A.B.C. d) MGSET does covenant and agree to indemnify and to save and hold harmless the City of Beaumont, its agents, officers and employees, and any persons from the following: Any and all claims, actions, suits and liability for damages to any person for personal injuries or personal injuries resulting in death due to the acts or omissions of MGSET, its agents or employees occasioned by or in connection with the performance of services pursuant to this agreement caused by any source whatsoever, expressly including claims arising from the alleged negligence of the city, its officers or employees; and, ii. All expenses incurred or associated with any such claims, actions, suits or liability including but not limited to attorney's fees or judgments resulting therefrom; and iii. Upon the option of the City, the duty to defend itself against any such claims, actions or suits, whether groundless or otherwise; should it become necessary for City to hire an attorney to defend against any claim, action, or suit, MGSET shall be responsible for all attorney's fees and expenses associated therewith; and, iv. Any and all liabilities, losses, damages, costs, charges and other expenses of every kind and character, any of which for any reason whatsoever may arise out of or will be attributable, directly or indirectly, to the occurrence of the Mardi Gras festival, or the construction, maintenance, existence, operation, repair or removal of any bleachers, stages, shelters, viewing stands or other types of structures on the Mardi Gras Grounds or parade routes'. 3. Duties of the City. The City does hereby agree to be responsible for the following activities in connection with Mardi Gras, said expenses to be covered by the $3 per admission ticket sold as agreed to be paid by MGSET. a) The City shall be in charge of the Command Center which will be used as an information or communication center for the entire duration of the Mardi Gras festivities. The command center will include representatives from City police, fire, EMS and health department. b) The City will make available at no cost such venues as the Great Lawn, the Jefferson Theatre, Julie Rogers Theatre, Civic Center and Event Center if the use of said venues become necessary. 4. Use of Property as Carnival Site. The City authorizes MGSET to utilize the property as described in the Master Plan subject to the condition that said property shall be returned to the same condition it was in prior to use for Mardi Gras purposes. 5. Term and Termination. This Agreement shall be in force and effect for a period of five (5) years from the date of execution. This agreement may be terminated by either party by giving sixty (60) days advance written notice to the other party. 6. Financial Reporting and Settlement of Expenses. MGSET and the City each agree to deliver to the other a report of its receipts and expenditures of Mardi Gras within ninety (90) days after the conclusion of Mardi Gras festivities for each year subject to this Agreement. 7. Compliance with Laws. Both parties agree to mutually cooperate to comply with all laws and regulations relating to Mardi Gras, including but not limited to the regulations of the City of Beaumont Code of Ordinances. 8. Amendments. This agreement constitutes the sole and entire agreement of the parties with respect to the subject matter hereof and supersedes any prior understandings or written or oral agreements between the parties respecting such subject matter. This agreement shall not be altered or amended without the prior written consent of all parties hereto as to such alteration or amendment. SIGNED AND AGREED to on the day of City of Beaumont, Texas By: City Manager ATTEST: Tina Broussard , 2019. SIGNED AND AGREED TO on the day of , 2019. MARDI GRAS OF SOUTHEAST TEXAS, INC. By: Laurie Childress, President Mardj,,,Q gs s February 20 — 23, 2020 Downtown Beaumont SCHEDULE AND FEES *Additional ticket fees may be incurred for special events (i.e. Jefferson Theatre, Event Centre, etc.) *11 years of age and under free — no charge *Additional discounts for active military and first responders. PARADES 2/20/20 DATE OPEN CLOSE GATE 2/20/20 Thursday 5:00 PM 10:00 PM $10.00 2/21/20 Friday 6:00 PM 12:00 AM $15.00 2/22/20 Saturday 12:00 PM 12:00 AM $15.00 2/23/20 Sunday 12:00 PM 8:00 PM $10.00 *Additional ticket fees may be incurred for special events (i.e. Jefferson Theatre, Event Centre, etc.) *11 years of age and under free — no charge *Additional discounts for active military and first responders. PARADES 2/20/20 Thursday 6:00 PM Kick Off Parade 2/21/20 Friday 7:00 PM Golf Cart and AN Parade 2/21/20 Friday 7:20 PM Krewe of Krewe Parade 2/22/20 Saturday 2:00 PM Krewes Royalty March Parade (Walking) 2/22/20 Saturday 5:30 PM Motorcycle Showcase Parade 2/22/20 Saturday 6:00 PM Krewe of Aurora Parade 2/23/20 Sunday 2:00 PM Umbrella Brigade Parade (Walking) 2/23/20 Sunday 3:00 PM Munchkin Parade (Walking) 2/23/20 Sunday 4:00 PM Motor Parade • Parade routes enclosed. • Location of activities enclosed. • Complimentary tickets will not be charged a facility fee. If additional areas are to be utilized for entertainment (i.e. Jefferson Theatre) MGSET will negotiate with the city and/or promoter. 0 Liability insurance will be provided as defined in the agreement. 1. Duties of MGSET: a) MGSET is hereby responsible for coordinating all parades, participants, and vendor activities conducted on public lands and streets within the Grounds during the Mardi Gras period, including but not limited to vendor fees, hours of operation, location, products, costuming, booth design, electricity, and water. b) MGSET will provide approved vendor information to the City for permit purposes. c) MGSET is responsible for vendor permit fees for temporary concessions ($220 per day) d) MGSET shall arrange for fencing for the Grounds and the area which MGSET intends to fence shall be approved by the City Manager or his designee. e) MGSET shall be responsible for entertainment stages in the Grounds. f) MGSET shall provide portable toilets in the Grounds. g) MGSET shall be in charge of cleanup of the Grounds. h) MGSET shall be responsible for all advertising, promotions and marketing. i) MGSET shall coordinate and be in charge of all sponsorships and sponsor agreements. j) MGSET shall follow all City ordinances and guidelines for sign postings, banners and advertisements. k) MGSET shall obtain approval for any and all firework displays or laser light shows. 1) MGSET shall obtain City approval for the street closure for Mardi Gras festivities, as outlined in Section 20.06.034 Beaumont Code of Ordinances. 2. Duties of City of Beaumont: a) The City will be responsible for notifying residents of parking restrictions and prohibitions in the streets on the day for each parade. The City shall also be responsible for enforcement regarding illegal parking lots operating on the date of each parade. b) The City will provide assistance with marketing and promotions. C) The City will provide guidance related to event planning, set up, tear down, cleanup and logistics. d) The City will provide fencing and barricades as available. e) The City. shall be in charge of the Command Center which will be used as an information or communication center for the entire duration of Mardi Gras festivities. The command center will include representatives from City police, fire, EMS and health department. f)The City will make available at no cost such venues as the Great Lawn, Jefferson Theatre, Julie Rogers Theatre, Civic Center and the Event Centre if the use of said venues become necessary. WORK SESSION Review and discuss the proposed FY 2020 Budget WORK SESSION Review and discuss the proposed FY 2020 Capital Program JOINT PUBLIC HEARING * Receive comments on the proposed FY 2020 Budget and the proposed 2020 Capital Program 01 August 27, 2019 Consider a resolution postponing the final vote on the proposed FY 2020 Budget to September 17, 2019 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: August 27, 2019 REQUESTED ACTION: Council hold a Joint Public Hearing on the proposed FY 2020 Budget and the proposed 2020 Capital Program and at the conclusion of the hearing take action to postpone the final vote on the proposed FY 2020 Budget to September 17, 2019. The proposed FY 2020 Budget was submitted to Council on August 13, 2019. The proposed 2020 Capital Program was originally submitted on May 14, 2019 and again with the proposed budget on August 13, 2019. The notice of the public hearing on the Budget and Capital Program was published August 15, 2019. Local Government Code, Section 102.007 states that at the conclusion of the public hearing, the governing body of the municipality shall take action on the proposed budget. Chapter 26 of the Property Tax Code requires -two public hearings if the proposed tax rate exceeds the lower of the effective rate or roll back rate. Since -the second public hearing on the proposed tax rate is scheduled for September 10, 2019, Council must take action to postpone the final vote on the proposed budget until after the second hearing on the proposed tax rate. FUNDING SOURCE Not applicable. RECOMMENDATION Hold the Joint Public Hearing. RESOLUTION NO. WHEREAS, the proposed FY 2020 Budget was submitted to the City Council of the City of Beaumont, Texas on August 13, 2019; and, WHEREAS, the proposed FY 2020 Capital Program was originally submitted on May 14, 2019 and again with the proposed budget on August 13, 2019; and, WHEREAS, the notice of the public hearing on the FY 2020 Budget and FY 2020 Capital Program was published August 15, 2019; and, WHEREAS, Local Government Code, Section 102.007 states that at the conclusion of the public hearing, the governing body of the municipality shall take action on the proposed budget; and, WHEREAS, Chapter 26 of the Property Tax Code requires two public hearings if the proposed tax rate exceeds the lower of the effective rate or roll back rate; and, WHEREAS, since the second public hearing on the proposed tax rate is scheduled for September 10, 2019, City Council must take action to postpone the final vote on the proposed FY 2020 budget until after the second hearing on the proposed tax rate; and, WHEREAS, City Council is of the opinion that it is in the best interest of the citizens of the City of Beaumont for the City to postpone the final vote on the proposed , FY 2020 budget until after the second hearing on the proposed tax rate; 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 final City Council vote to adopt the FY 2020 Budget be and hereby is postponed until after the second hearing on the proposed tax rate. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of August, 2019. - Mayor Becky Ames - PUBLIC HEARING * Receive comments on the 2019 (FY 2020) proposed tax rate � as] f.-�Vw� "TUA TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: August 27, 2019 REQUESTED ACTION: Council hold a Public Hearing on the 2019 (FY 2020) proposed tax rate. BACKGROUND Chapter 26 of the Property Tax Code requires taxing units to comply with truth -in -taxation laws in adopting their tax rate. Two public hearings are required if the proposed tax rate ($0.710000/$100) exceeds the lower of the effective tax rate ($0.699158/$100) or the roll back tax rate ($0.754820/$100). The proposed tax rate exceeds the effective tax rate by $0.010842/$100 or 1.55%. A Notice of Proposed Tax Rate is required to be published in the newspaper, on the city website, and on a television channel, if available. The notice was posted on the cable channel 4 and in the newspaper on August 15, 2019 in addition to being posted on the website August 15, 2019. FUNDING SOURCE Not applicable. RECOMMENDATION Hold the first Public Hearing on the proposed tax rate.