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HomeMy WebLinkAboutPACKET MAY 21 2002 t m7aw OL '10 City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 21, 2002 1:30 P.M. AGENDA OPENING • Invocation Pledge Roll Call • Presentations and Recognition • Public Comment: Persons may speak on scheduled agenda items Consent Agenda GENERAL BUSINESS 1. Consider amending Ordinance No. 02-011 relating to the structure located at 7990 Homer Drive. 2. Consider approving a resolution authorizing the City Manager to execute a contract for the Water Line Replacement of Small Diameter Mains Contract-II. 3. Consider approving a contract for a Tourism Assessment Study. 4. PUBLIC HEARING: Dilapidated Structures Consider an ordinance declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by the owners and authorizing the removal of certain other structures whose owners failed to comply with condemnation orders. WORKSESSION * Review and discuss $30 million Waterworks and Sewer System Bond Sale, Series 2002 COMMENTS * Councilmembers comment on various matters City Manager's Report - Continuum of Care Homeless Assistance Program; Tyrrell Park Horse Stables; Sales Tax Update; Transit Shelters; Weed and Seed Initiative; Envirorunental Impact Statement; McLean Park; Preliminary 2002 Property Values Received; Budget Summit * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION • Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Lisa Jardine v. City of Beaumont • Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Clerk Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting. 1 May 21, 2002 Consider amending Ordinance No. 02-011 relating to the structure located at 7990 Homer Drive City of Beaumont � c Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: John Labrie, Clean Community Department Director MEETING DATE: May 21, 2002 AGENDA MEMO DATE: May 14, 2002 REQUESTED ACTION: Consider an ordinance amending Ordinance No. 02-011 relating to the structure located at 7990 Homer Drive. RECOMMENDATION At the request of Council, Administration recommends that the structure located at 7990 Homer Drive be removed from condemned status to allow a new owner to rehabilitate it. BACKGROUND This structure was brought before City Council on February 26, 2002 with staffs recommendation of a raze order. An individual has now purchased this estate and desires to rehabilitate the structure. BUDGETARY IMPACT City may incur the cost of demolition. PREVIOUS ACTION The Administration recommended and Council approved a raze order for this structure on February 26, 2002. SUBSEQUENT ACTION If Council grants a time period for rehabilitation, staff will enroll the owner in a work program and monitor the progress of work. If the structure is not brought up to code or substantial progress is not made within the specified time period, the structure will be demolished without any further notification to property owner or Council action. RECOMMENDED BY City Manager and Clean Community Department Director. RECOMMENDED MOTION Approve/Deny the amendment of Ordinance 02-011 to allow the new property owner to enter a work program to rehabilitate 7990 Homer Drive. SUBSTANDARD BUILDING INSPECTION REPORT CLEAN COMMUNITY CITY OF BEAUMONT DATE REQUESTED May . 2002 WARD 1 ADDRESS OF INSPECTION 7990 Homer Drive ACCOUNT NO. 62500-20700-5 CENSUS TRACT 1.02 OWNER Jeffrey G. Simmons (New Owner) ADDRESS 3350 Briar Court CITY/STATE (06) LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat N20'IA&S40'L5 Land Value 6000 Block or Tract 15 Improvement Value 33580 Addition/Survey Suburban Acres Total Value 39580 A. Fifty(50)percent deterioration of non-supporting members? YES X NO B. Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. Initial Inspection Date August 30.2001 1+; I}L� NQfN "' sSt tR$. ,. 1�T't' ,t�M�A1'I��± '1��i1.P�?(���i)�a'l�Q)' �(rE' MAJOR CODE VIOLATIONS: New owner has bought 1woaerty to rehabilitate. SEE ATTACHED PHOTOS qv �{# 1 II i 1��4��+a �r��.r�' ►'�+ ,�x kA r r 1 I • iC'- pie u ' IC 'AW NEI i ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 02-011 TO REMOVE THE STRUCTURE LOCATED AT 7990 HOMER DRIVE FROM SECTION 2 OF SAID ORDINANCE AND ORDERING THAT THE OWNER OF THE STRUCTURE AT 7990 HOMER DRIVE ENTER INTO A WORK PROGRAM TO REHABILITATE SAID STRUCTURE; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Ordinance 02-011 be and the same is hereby amended to remove item number 18, 7990 Homer Drive, from Section 2 of said ordinance. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 10-2 and 14-52 of the Code of Ordinances of Beaumont, Texas and Section 103.4 of the Standard Building Code, it is hereby ordered that the owner or owners of the building located at 7990 Homer Drive enter into a work program for the repair and/or demolition of said property within days of the effective date of this ordinance. Should the owner(s) either fail or refuse to enter into a work program or fail or refuse to renovate and/or demolish the structure, the structure is hereby ordered to be demolished and removed by the City of Beaumont on the account of the owner(s) thereof without further notice to the owner(s). Section 3. That if any section,subsection,sentence,clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this SAAGENDAUTY CLERK\5-21-02 ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That any person who violated any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21St day of May, 2002. - Mayor- S:AGENDAUTY CLERK\5-21-02 2 May 21,2002 Consider approving a resolution authorizing the City Manager to execute a contract for the Water Line Replacement of Small Diameter Mains Contract-II City of Beaumont K Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joseph G. Majdalani, Water Utilities Manager MEETING DATE: May 21, 2002 AGENDA MEMO DATE: May 10, 2002 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a contract for the Water Line Replacement of Small Diameter Mains Contract-Il. RECOMMENDATION Administration recommends approval of the contract with Brystar Contracting, Inc., Beaumont, Texas, in the amount of$259,621 to replace existing water lines on Tyrrell Park Road from Fannett Road to Downs Road. The project work includes installing 10,480 linear feet of 8-inch water lines; replacing 52 services; furnishing and installing 3 fire hydrants, relocating 6 fire hydrants; and installing 16 resilient wedge gate valves. The MBE goal will be met through a subcontract with the certified MBE firm of Texas Mechanical for a total of$26,138.64. This amount represents 10.06% of the total bid. BACKGROUND The existing water lines built in 1955 have deteriorated and need to be replaced. The primary goals of the project are to replace the deteriorated water lines, provide adequate flow for fire protection, protect public health, and provide customers with continuous and adequate service. BUDGETARY IMPACT Funds for the project are available in the Water Utilities Capital Improvement Projects Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, and Water Utilities Manager. RECOMMENDED MOTION: Approve/Deny a resolution authorizing the City Manager to execute a contract for Water Line Replacement of Small Diameter Mains Contract-II. WLContractI1sk.wpd May 14,2002 BID TABULATION WATER LINE REPLACEMENT OF SMALL DIAMETER MAINS CONTRACT-II BID OPENING DATE:THURSDAY,MAY 2,2002 @ 2 PM The Bid Proposals submitted have been reviewed,and to the best of my knowledge this is an accurate t ulation of the bids received By: Jos VG. jda-lani,P.E.,Wa er Utilitie anager Date:05/03/02 ITEM QUANTITY BRYSTAR RAYMOND MANUAL BROTHERS, ALLCO,INC, HORSESHOE NUMBER CONTRACTING INC. DIRECTIONAL INC. BEAUMONT,TX CONSTRUCTION INC. BEAUMONT,TX SHELBYVILLE,TX GRASS VALLEY,CA T.W.HARRISON HOUSTON,TX BRYAN PHELPS RAYMOND ROBERTSON HAN SHILLINGER JERRY STRINGER UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL ITEM NO. 1 1 $2,500.00 $2,500.00 $9,000.00 $9,000.00 $15,000.00 $15,000.00 $10,500.00 $10,500.00 $3,000.00 $3,000.00 ITEM NO.2 10,480 $20.00 $209,600.00 $19.50 $204,360.00 $25.50 $267,240.00 $28.44 $298,051.20 $30.00 $314,400.00 ITEM NO.3 3 $270.00 $810.00 $603.30 $1,809.90 $430.00 $1,290.00 $375.00 $1,125.00 $400.00 $1,200.00 ITEM NO.4 52 $400.00 $20,800.00 $856.62 $44,544.24 $500.00 $26,000.00 $450.00 $23,400.00 $600.00 $31,200.00 ITEM NO.5 1 $450.00 $450.00 $678.16 $678.16 $560.00 $560.00 $475.00 $475.00 $200.00 $200.00 ITEM NO.6 3 $2,300.00 $6,900.00 $2,386.87 $7,160.62 $2,500.00 $7,500.00 $2,400.00 $7,200.00 $200.00 $600.00 ITEM NO.7 6 $1,250.00 $7,500.00 $637.71 $3,826.28 $760.00 $4,560.00 $1,450.00 $8,700.00 $800.00 $4800.00 ITEM NO.8 2 $460.00 $920.00 $786.18 $1,572.36 $725.00 $1,450.00 $675.00 $1350.00 $800.00 $1,600.00 ITEM NO.9 11 $540.00 $5,940.00 $994.12 $10,935.32 $950.00 $2,850.00 $800.00 $8,800.00 $900.00 $9,900.00 ITEM NO 10 5 $600.00 $3,000.00 $1,175.54 $5,877.70 $1,000.00 $11,000.00 $950.00 $4,750.00 $1,100.00 $5,500.00 ITEM NO 11 1 $300.00 $300.00 $578.83 $578.83 $350.00 $350.00 $1,275.00 $1,275.00 $500.00 $500.00 ITEM NO 12 1 $900.00 $900.00 $5,000.00 $5,000.00 $3,000.00 $3,000.00 $500.00 $500.00 $1,000.00 $1,000.00 ITEM NO 13 1 $1.00 $1.00 $5,000.00 $5,000.00 $2,000.00 $2,000.00 $500.00 $500.00 $1,000.00 $1,000.00 TOTAL $259,621.00 $300,343.41 $342,800.00 $366,626.20 $374,900.00 METHOD HORIZONTAL DIRECTIONAL HORIZONTAL HORIZONTAL NOT AVAILABLE OPEN CUT DRILLING/OPEN CUT DIRECTIONAL DRILLING DIRECTIONAL DRILLING 4K LM Lft AM 6im LM LM =•MIL LM WM 40K 4M 4M 4M •r& r.Ml :fir AM CITY OF BEAUMONT "'�'= . . k SCHEDULE OF MBE PARTICIPATION (SCHEDULE Q Date of Report Department Project No.,Ot4A4GJ'•AV R:ZYS,xe -e. i7GA y WA4 l.�r. Total Contract Amount S 2,5 / 00 Location Name of Prime Contractor/Proposer r ' II TYPE OF.WORK(ELECTRICAL,PAVING, ETC.) l'R )JEC fED �:N\iF (?F MINORIT1• AND CONTRACTITEMS'OR PARTS THEREOF CO�I�IF.\C'I{�11-.�f& U�1 RACTOR ADDRESS TO BE PERFORMED COMPLETION D:\fL The ,;ndersioned %k ill enter into a formal agreement\vith MBE Contractors for work listed in this schedule conditioned upon execution of a contract rtth the Crn of 1312u-;or.: NOTE 1 Any business listed above must have Schedule A on file with the City. 2 Schedule C is to be included with bid,and resubmitted at 50%and 100%of project completion. Signat e ��Si DrNT Title 31 PN'•E moue »;a 3 May 21, 2002 Consider approving a contract for a Tourism Assessment Study ti1~ City of Beaumont 7917qw- Council Agenda Item M E g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: May 21, 2002 AGENDA MEMO DATE: May 14, 2002 REQUESTED ACTION: Council consideration of a contract for a Tourism Assessment Study. RECOMMENDATION Administration recommends the award of a contract to Chandler, Brooks, and Donahoe, Inc. of Olympia, WA to provide a Tourism Assessment Study for the Convention and Visitors Bureau in the amount of$34,220. BACKGROUND The Tourism Assessment Study is intended to enhance economic growth within the local tourism industry. This assessment will help community leaders to prioritize opportunities to promote the City and attract more visitors by analyzing the City's image, branding, and positioning in the tourism market. A thorough analysis will be made of issues such as the City's visitor venues, attractions, lodging, transportation, signage, beautification, and marketing efforts. A final recommended action plan to encourage growth of the local tourism industry will be presented at the conclusion of the study. Proposals were solicited from seven (7) tourism consulting firms and five (5) proposals were received. Criteria used in the evaluation of the proposals are as follow: (1) Completeness of proposal - (20%) (2) Experience - (20%) (3) References - (20%) (4) Range of services proposed - (15%) (5) Price - (15%) (6) Length of project proposed - (10%) Annual Contract for Collection Agency Services May 14, 2002 Page 2 Company Location Price Met Minimum Specifications Clayton Consulting Dallas, TX $26,500 no Chandler, Brooks, & Donahoe, Olympia, WA $34,220 yes Inc. Economics Research Associates Chicago, IL $50,000 yes Travel Destination Co. Laguna Hills, CA $59,500 yes Pricewaterhouse-Coopers LLP Tampa, FL $117,000 yes Evaluations were conducted by members of the City Administration and the Advisory Board for the Convention and Visitors' Bureau. Chandler, Brooks, & Donahoe, Inc. ranked the highest in the evaluation of the proposals. The company has eleven (11) years of experience and excellent references. They presented a thorough proposal and high quality professional sample reports from similar projects they have conducted in the past. The apparent low bidder submitted an incomplete proposal and did not provide necessary information or a work sample when requested. BUDGETARY IMPACT Funds are available in the Hotel Occupancy Tax Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director, and Executive Director of Convention and Tourism. RECOMMENDED MOTION Approve/Deny the award of a contract to Chandler, Brooks, and Donahoe, Inc. of Olympia, WA to provide a Tourism Assessment Study for the Convention and Visitors Bureau in the amount of $34,220. 4 May 21, 2002 PUBLIC HEARING: Dilapidated Structures Consider an ordinance declaring certain dilapidated structures to be public nuisances and ordering their repair or removal by the owners and authorizing the removal of certain other structures whose owners failed to comply with condemnation orders City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: John Labrie, Clean Community Department Director MEETING DATE: May 21, 2002 AGENDA MEMO DATE: May 14, 2002 REQUESTED ACTION: Council consider after public hearing the authorization to allow the City to demolish the following one (1) structure immediately without further notification to the owners. 1. 2510 Houston (Garage Apartment) (1) (*) Indicates number of times structure has been enrolled in work program. RECOMMENDATION Administration recommends a raze order because owners failed to comply with previous orders to correct code violations or demolish the structure. BACKGROUND This structure has appeared before City Council in the past and a raze or repair order was issued. The owners failed to comply with correcting code violations or demolishing the structure. BUDGETARY IMPACT City may incur the cost of demolition. PREVIOUS ACTION Previous orders by City Council to raze or repair were not complied with. SUBSEQUENT ACTION Clean Community Department will demolish or cause to be demolished, said structure. RECOMMENDED BY City Manager and Clean Community Department Director. RECOMMENDED MOTION Approve(Deny the authorization to demolish the above listed structure in non-compliance with City codes. REQUESTED ACTION: Council consider after public hearing to declare the following thirty-five(35)structures to be dangerous structures and order the owners to raze said structures within ten (10) days. If the property owner fails to comply within ten (10) days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. 2. 2770-90 Blanchette (Commercial) 20. 11395 Old Voth Road 3. 7695 Brighton Drive 21. 2980 Palestine (Garage Apartment) .................................... ................................... 4. 1665 Brooklyn . .. 75 IJwre: 1 ) .................................... .................................... 6. 1043 Ewing 2 3$ t Pace .................................. 7. 715 Fulton Avenue 2 34451?irie ................. .:................ .................................... € 6 388 } ( � nA reial } 354Qad 27 :::.5390:P. .................................... ? 33 a 28. 2270 Sarah (4) 1 Ht(1 29. 4205 Sparks & Garage X7'95�u�s 3�! 2�50'1€pxas 33 I45vs(Ra Shed} 3I X275 ex as i� sr©fit #rcfu 32 36 Texas 15 31ftostovrz( ag 33. 2304 Washington Blvd. ............................. ....................... 17. 2295 Leight (4) 35; 4035 W4.11 I_ae 18. 870 Madison 3b 36185 Youngsto Garage& Iousej (*) Indicates number of times structure has been enrolled in work program. RECOMMENDATION That City Council condemn these thirty-five (25) structures and order owner to raze within ten (10) days. BACKGROUND It has been determined that these structures meet the definition of a dangerous structure because they have deteriorated such that they are no longer considered suitable for repair. The highlighted addresses were a part of the"March Madness" North-End Clean-Up Project. BUDGETARY IMPACT City may incur the cost of demolition. PREVIOUS ACTION These structures have been inspected by the Clean Community Department and found to be dangerous structures as defined by the City of Beaumont's Code of Ordinances, Article III, Dangerous Structures, Section 14-50. SUBSEQUENT ACTION Clean Community Department will demolish or cause to be demolished, said structures. RECOMMENDED BY City Manager and Clean Community Department Director. RECOMMENDED MOTION Approve/Deny the authorization to condemn and raze the above listed dangerous structures. REQUESTED ACTION: Council consider after public hearing a raze or repair order on the following four (4) structures. fi 7 5 1 1 gnt�t€a 3 3 7Gf)Sc ran 3 i` Rtvercr st 40 10 Steve brl (*) Indicates number of times structure has been enrolled in work program. RECOMMENDATION Owners to be issued an order to raze or repair structures within a specified time. Owners must immediately enroll in a work program following Council's specified order of time for compliance. BACKGROUND These structures were inspected and found to be substandard and not meeting City code requirements, but could be rehabilitated. BUDGETARY IMPACT None at this time. PREVIOUS ACTION The above structures were issued notification of being substandard as defined by the City of Beaumont's Code of Ordinances, Article III, Dangerous Structures, Section 14-50. SUBSEQUENT ACTION Staff will enroll owner in a work program and monitor work for allotted time granted by Council. RECOMMENDED BY City Manager and Clean Community Department Director. RECOMMENDED MOTION Approve/Deny the authorization to enroll in a work program and make repairs to structures within time period allotted by Council. ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR RENOVATION OR DEMOLITION AND REMOVAL; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. The following structure was previously declared to be dangerous by the City Council and is hereby ordered to be demolished without further notice to the owners: 1. 2510 Houston (Garage Apartment) Section 2. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 2. 2770-90 Blanchette (Commercial) 20. 11395 Old Voth Road 3. 7695 Brighton Drive 21. 2980 Palestine (Garage Apartment) 4. 1665 Brooklyn 22. 975 Parry 5. 725 Delaware 23. 3159 Pine 6. 1043 Ewing 24. 3820 Pine 7. 715 Fulton Avenue 25. 3445 Pine 8. 1190 Gill 26. 3880 Pine (Commercial) 9. 3540 Grand 27. 5390 Pine 10. 3360 Hall 28. 2270 Sarah 11. 579 Hill 29. 4205 Sparks & Garage 12. 1795 Ives 30. 2950 Texas 13. 1905 Ives(Rear Metal Shed) 31. 3275 Texas S:WGENDXCITY CLERK\5-21-02 14. 1991 Ives (Front Structure) 32. 3486 Texas 15. 3810 Johnstown (Garage) 33. 2304 Washington Blvd. 16. 1985 Leight 34. 3338 West Lane (Garage) 17. 2295 Leight 35. 4035 Willie Mae 18. 870 Madison 36. 3685 Youngstown (Garage & House) 19. 3335 Magnolia to be public nuisances in that said buildings violate Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated condition, likely to cause or promote fires that would endanger persons or property. Section 3. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 10-2 and 14-52 of the Code of Ordinances of Beaumont,Texas,and Section 103.4 of the Standard Building Code, it is hereby ordered that the owner or owners of the following described buildings demolish and remove said structures within ten (10)days of the effective date of this ordinance: 2. 2770-90 Blanchette (Commercial) 20. 11395 Old Voth Road 3. 7695 Brighton Drive 21. 2980 Palestine (Garage Apartment) 4. 1665 Brooklyn 22. 975 Parry 5. 725 Delaware 23. 3159 Pine 6. 1043 Ewing 24. 3820 Pine 7. 715 Fulton Avenue 25. 3445 Pine 8. 1190 Gill 26. 3880 Pine (Commercial) 9. 3540 Grand 27. 5390 Pine SAAGENDAUTY CLERK\5-21-02 10. 3360 Hall 28. 2270 Sarah 11. 579 Hill 29. 4205 Sparks & Garage 12. 1795 Ives 30. 2950 Texas 13. 1905 Ives(Rear Metal Shed) 31. 3275 Texas 14. 1991 Ives (Front Structure) 32. 3486 Texas 15. 3810 Johnstown (Garage) 33. 2304 Washington Blvd. 16. 1985 Leight 34. 3338 West Lane (Garage) 17. 2295 Leight 35. 4035 Willie Mae 18. 870 Madison 36. 3685 Youngstown (Garage & House) 19. 3335 Magnolia If the property owner(s)fails to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owner(s)or City Council action. Section 4. After a public hearing, the following structures are hereby found to be public nuisances in violation of Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and the owner(s) is/are hereby directed to enter into a work program for the repair and/or demolition of such property within days from the date of this ordinance and to complete the demolition or repair of such property within days from the date of this ordinance. Should the owner(s) either fail or refuse to enter into a work program or fail or refuse to renovate and/or demolish the structure(s),the structure(s) is/are hereby ordered to be demolished and removed by the City of Beaumont on the account of the owner(s) thereof without further notice to the owner(s). SAAGENDAUTY CLERK\5-21-02 37. 4755 Magnolia 39. 3760 Scranton 38. 1883 Rivercrest 40. 1050 Steve Drive Section 5. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance and, to such end, the various portions and provisions of this ordinance are declared to be severable. Section 6. That any person who violated any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21 st day of May, 2002. - Mayor - SAAGENDXCITY CLERK\5-21-02 I out .Z C City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 21, 2002 1:30 P.M. CONSENT AGENDA Approval of minutes * Confirmation of committee appointments A) Authorize the City Manager to execute the Form ROW U-43, the Three Party Utility Agreement for the Mobil Pipe Line Company, Exxon-Mobil Oil Corporation, Mobil Vanderbilt-Beaumont Pipeline Company and Exxon-Mobil Oil Corporation (MR) on the FM 364 Major Drive Improvement Project B) Authorize the acceptance of two (2) water line easements providing access for fire prevention services C) Authorize the City Manager to execute an agreement for sponsorship of the City's July 4°i Celebration CONSENT AGENDA MAY 219 2002 * Committee Appointments A) Authorize the City Manager to execute the Form ROW U-43, the Three Party Utility Agreement for the Mobil Pipe Line Company, Exxon-Mobil Oil Corporation, Mobil Vanderbilt-Beaumont Pipeline Company and Exxon-Mobil Oil Corporation (MR) on the FM 364 Major Drive Improvement Project The City of Beaumont, in cooperation with the Texas Department of Transportation has entered into an agreement to make improvements to FM 364/Major Drive from Humble Road to I-10. Part of this agreement is to have any adjustments that may need to be made by both pipeline and utility companies submitted to the State for approval prior to authorizing any work to be done. The Form ROW U-43 must be executed by all parties involved as part of this process. A copy of the staff memorandum is attached for your review. B) Authorize the acceptance of two (2)water line easements providing access for fire prevention services Each of the property owners listed below have conveyed a ten foot (10') water line easement to the City of Beaumont. These easements will provide mandatory access for fire prevention services. A) Tract 3-A, Block C, T. H. Langham Estates out of H. Williams Survey, Abstract 56 (6220 Westgate Drive) Owner: Westgate Memorial Baptist Church B) Tract 36A, Plat D-23 out of Frederick Bigner Survey, Abstract 1 (4330 Crow Road) Owner: Redeemer Lutheran Church The easements are to be used to provide exclusive access to the water lines and fire hydrants for the church properties named above. They would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. A copy of the staff memorandum is attached for your review. C) Authorize the City Manager to execute an agreement for sponsorship of the City's July 4" Celebration Staff is currently developing plans to expand the City's annual Independence Day celebration held in Riverfront Park. Plans include closing Main Street from College to Liberty Streets for space to provide children's games, rides and entertainment. The celebration will be joined by the Energy Museum, Art Museum of Southeast Texas, Crockett Street Market and the Fire Museum. Activities are scheduled to begin at 11:00 a. m. and close after the fireworks display. KFDM-TV submitted a proposal for sponsorship of the event to offset the additional expenses the City will incur for the expanded activities. They have agreed to sponsor the event in the amount of 525,000. KFDM-TV may solicit additional sponsors to defray their costs. They will also assist in advertising the event to the public. The City agrees to grant the right of first refusal for the 2003 event. As in the past, the Symphony of Southeast Texas will perform prior to the traditional fireworks display. A copy of the staff memorandum is attached for your review. A City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: May 21, 2002 AGENDA MEMO DATE: May 10, 2002 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute the Form ROW U-43,the Three Party Utility Agreement for the Mobil Pipe Line Company,Exxon-Mobil Oil Corporation,Mobil Vanderbilt-Beaumont Pipeline Company and Exxon-Mobil Oil Corporation(MR)on the FM 364 Major Drive Improvement Project. RECOMMENDATION Administration recommends the City Manager be authorized to execute Form ROW U-43. BACKGROUND The City of Beaumont,in cooperation with the Texas Department of Transportation has entered into an agreement to make improvements to FM 364/Major Drive from Humble Road to I-10. Part of this agreement is to have any adjustments that may need to be made by both pipeline and utility companies submitted to the State for approval prior to authorizing any work to be done. The Form ROW U-43 must be executed by all parties involved as part of this process. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny authorizing the City Manager to execute the Form ROW U-43, the Three Party Utility Agreement for the Mobil Pipe Line Company, Exxon-Mobil Oil Corporation, Mobil Vanderbilt-Beaumont Pipeline Company and Exxon-Mobil Oil Corporation (MR) on the FM 364 Major Drive Improvement Project. 3party/jld AE Form ROW-U-43 7/2000 (Replaces Form D-15-43) (Electronic version GSD-EPC Word 97) Page 1 oft THREE PARTY UTILITY AGREEMENT Agreement No. County:JEFFERSON ROW CSJ No.: 786-01-064 Federal Project No.: Highway No.:FM-364(MAJOR DR) Contract No.: Account No.: This Agreement by and between the State of Texas,acting by and through the Texas Transportation Commission, hereinafter called the State,and The City of Beaumont,Texas,acting by and through its duly authorized official under Ordinance No.:92-192 dated the 28th day of July, 1992,hereinafter called the City,and Mobil Pipe Line Company,acting by and through its duly authorized representative,hereinafter called the Owner,shall be effective on the date of approval and execution by the State. WHEREAS,it has been determined necessary to make certain highway improvements in the State Highway System as designated by the State and generally described as follows:County Jefferson Highway FM-364 located from SH-102 To SH-124;and, WHEREAS,the State and the City have previous to this date entered into a contractual agreement,agreeing to handle by separate agreement the adjustment,removal or relocation of certain utility facilities necessitated as a result of highway improvements on the hereinabove designated project on the basis of an 80/20 State to City f inding/participation ratio with the 80%State portion being in fact federal funds in which the State acts as steward;and, WHEREAS,the State as steward,and the City will participate in the costs of relocating and adjusting certain facilities of the Owner to the extent as may be eligible for State participation under Transportation Code,Title 6,Chap.203, Sec. 203.092;and, WHEREAS,the Owner,in Affidavit,Form D-15-U1,dated April 24,2002,has asserted an interest in certain lands and that this proposed highway improvement will necessitate the adjustment,removal or relocation of certain facilities of the Owner now located upon such lands as indicated in the following statement of work: Proposed adjustment of Mobil Pipe Line Company's(MPL)pipelines to accommodate TxDot's proposed widening of FM-365(Major Dr.),Jefferson County at the following TxDot Station numbers: MPL-113, 12"NGL PL Station No.61+83.87 MPL-116,20"Crude PL Station No.93+53.12 ;and WHEREAS,the State will administer federal funds in payment of the costs incurred in the adjusting of Owner's facilities under provisions of Title 23 Code of Federal Regulations,Part 645;and, WHEREAS,the State and the City desire to accomplish the adjustment,removal or relocation of the Owner's utility facilities by entering into an agreement with the Owner and such work is shown in more detail in Owner's preliminary plans,specifications and cost estimates which are attached hereto and made a part hereof;and which are prepared in the form and manner required by Title 23 Code of Federal Regulations,Part 645 and; WHEREAS,the State,City,and Owner wish to document their agreement for the effectuation of these terms, NOW,THEREFORE,BE IT MUTUALLY AGREED: The City will pay to the Owner the costs incurred in relocating and adjusting Owner's facilities up to the amount said costs may be eligible for state and federal cost participation with the State then reimbursing the City. The Owner has determined that the method to be used in developing the relocation or adjustment costs shall be as specified for the method checked and described hereafter: _(1)Actual direct and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable federal or state regulatory body. X (2)Actual direct and related indirect costs accumulated in accordance with an established accounting procedure developed by the Owner and approved by the State. _(3)An agreed lump sum of$ as supported by the detailed itemization of estimated costs attached hereto. Upon execution of this agreement by the parties hereto the City will,by written notice,authorize the Owner to proceed with the necessary adjustment,removal or relocation,and the Owner agrees to prosecute such work diligently in accordance with the plans attached hereto,to completion in such manner as will not result in avoidable interference or delay in either the State's highway construction or in the said work. Such authorization to proceed shall constitute notice on the part of the State that the utility relocation has been included in an approved program as an item of right of way acquisition, that a project agreement which includes the work has or will be executed,and that the utility relocation or adjustment will be required by the final approved project agreement and plans. If costs are developed under procedure(1)or(2)as before specified,upon satisfactory completion of the relocation or adjustment and upon receipt of a final billing from the Owner prepared in form and manner as prescribed by Title 23 Code of Federal Regulations Part 645 and after the required audit,the City will pay to the Owner the full amount of costs found eligible by said audit and the costs paid by the City pursuant to this agreement shall be full compensation to the Owner for the costs incurred in making such adjustment, removal or relocation.Bills for work contemplated herein shall be submitted to the City not later than ninety(90)days after completion of the work The State will reimburse the City in an amount equal to eighty(80%)percent of the payment to the Owner by the City upon receipt of evidence and certificate that payment in this amount has been made to the Owner. The City agrees that if requested by the Owner,it will pay ninety 90%)percent of the total billed costs to the Owner upon receipt of Owner's final bill resulting in a ten(10°/0)percent retainage pending audit results. The City may elect to request its eighty(801/6)percent reimbursement from the State if this option is elected And,accordingly,upon conclusion of the audit and settlement of its findings all remaining retainage is to be promptly paid the Owner by the City and the City agrees to promptly request final reimbursement from the State. If costs are developed under procedure(3)as before specified,the City will,upon satisfactory completion of the relocation and adjustment by the Owner and upon receipt of a billing prepared in acceptable form, make payment to Owner in the agreed to amount. And as before, the City may then claim eighty(80%)reimbursement from the State. In this instance, no audit shall be required prior to paymnent. Form D-15-48 enclosed with Owner's preliminary estimate attached to this agreement,is approved as complying with Title 23, Code of Federal Regulations,Part 645, Sec. 645.115 and Owner is authorized,but not required,to contract such work. The preliminary estimate will indicate the extent to which work is to be performed under each contract. Other work shall be contracted by Owner only with approval of the State in accordance with Title 23, Code of Federal Regulations,Part 645. In the event it is determined that a substantial change from the statement of work contained in this agreement is required, reimbursement therefor shall be limited to costs covered by a modification of this agreement or a written change or extra work order approved by the State. It is expressly understood that this agreement is subject to cancellation by the State at any time up to the date that work under this agreement has been authorized and that such cancellation will not create any liability on the part of the State. C:\WPVMMCOLb umont3partyGnal `.BBL.dot The Owner by execution of this agreement does not waive any of the rights which Owner may legally have within the limits of the law. City of Beaumont,Texas EXECUTION RECOMMENDED: By: Mayor District Engineer,Texas Department of Transportation Beaumont District ATTEST: THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders,established policies,or work programs heretofore approved and authorized by the Texas Owner: Transportation Commission By: By. John F. Russell Director,Right of Way Division Vice President Title: Date: Date: 41 —2_6 C\WPW1N1Z00 beaumont3pan5,f=1 kIPL.dot Form ROW-U43 72000 (Replaces Form D-15-43) (Electronic version GSD-EPC Word 97) Pagel of 2 THREE PARTY UTILITY AGREEMENT Agreement No. County:JEFFERSON ROW CSJ No.: 786-01-064 Federal Project No.: Highway No.:FM-364(MAJOR DR.) Contract No.: Account No.: This Agreement by and between the State of Texas,acting by and through the Texas Transportation Commission, hereinafter called the State,and The City of Beaumont,Texas,acting by and through its duly authorized official under Ordinance No.:92-192 dated the 28th day of July, 1992,hereinafter called the City,and ExxonMobil Oil Corporation, acting by and through its duly authorized representative,hereinafter called the Owner,shall be effective on the date of approval and execution by the State. WHEREAS,it has been determined necessary to make certain highway improvements in the State Highway System as designated by the State and generally described as follows: County Jefferson Highway FM-364 located from SH-102 To SH-124 ;and, WHEREAS,the State and the City have previous to this date entered into a contractual agreement,agreeing to handle by separate agreement the adjustment,removal or relocation of certain utility facilities necessitated as a result of highway improvements on the hereinabove designated project on the basis of an 80/20 State to City funding/participation ratio with the 80%State portion being in fact federal funds in which the State acts as steward;and, WHEREAS,the State as steward,and the City will participate in the costs of relocating and adjusting certain facilities of the Owner to the extent as may be eligible for State participation under Transportation Code,Title 6,Chap.203,Sec. 203.092;and, WHEREAS,the Owner,in Affidavit,Form D-15-U1,dated April 24,2002,has asserted an interest in certain lands and that this proposed highway improvement will necessitate the adjustment,removal or relocation of certain facilities of the Owner now located upon such lands as indicated in the following statement of work: Proposed adjustment of ExxonMobil Oil Corporation's(MC41)6"Ethylene PL to accommodate TxDot's proposed widening of FM-365(Major Dr.),Jefferson County at the TxDot Station number 93+64.10 ;and WHEREAS,the State will administer federal funds in payment of the costs incurred in the adjusting of Owner's facilities under provisions of Title 23 Code of Federal Regulations, Part 645;and, WHEREAS,the State and the City desire to accomplish the adjustment,removal or relocation of the Owner's utility facilities by entering into an agreement with the Owner and such work is shown in more detail in Owner's preliminary plans,specifications and cost estimates which are attached hereto and made a part hereof,and which are prepared in the form and manner required by Title 23 Code of Federal Regulations,Part 645 and; WHEREAS,the State,City,and Owner wish to document their agreement for the effectuation of these terms, NOW,THEREFORE,BE IT MUTUALLY AGREED: The City will pay to the Owner the costs incurred in relocating and adjusting Owner's facilities up to the amount said costs may be eligible for state and federal cost participation with the State then reimbursing the City. AAbeaumont3partyfinal EM Corp.dot The Owner has determined that the method to be used in developing the relocation or adjustment costs shall be as specified for the method checked and described hereafter: _(1)Actual direct and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable federal or state regulatory body. X (2)Actual direct and related indirect costs accumulated in accordance with an established accounting procedure developed by the Owner and approved by the State. _(3)An agreed lump sum of$ ,as supported by the detailed itemization of estimated costs attached hereto. Upon execution of this agreement by the parties hereto the City will,by written notice,authorize the Owner to proceed with the necessary adjustment,removal or relocation,and the Owner agrees to prosecute such work diligently in accordance with the plans attached hereto,to completion in such manner as will not result in avoidable interference or delay in either the State's highway construction or in the said work. Such authorization to proceed shall constitute notice on the part of the State that the utility relocation has been included in an approved program as an item of right of way acquisition,that a project agreement which includes the work has or will be executed, and that the utility relocation or adjustment will be required by the final approved project agreement and plans. If costs are developed under procedure(1)or(2)as before specified,upon satisfactory completion of the relocation or adjustment and upon receipt of a final billing from the Owner prepared in form and manner as prescribed by Title 23 Code of Federal Regulations Part 645 and after the required audit,the City will pay to the Owner the full amount of costs found eligible by said audit and the costs paid by the City pursuant to this agreement shall be full compensation to the Owner for the costs incurred in making such adjustment,removal or relocation.Bills for work contemplated herein shall be submitted to the City not later than ninety(90)days after completion of the work. The State will reimburse the City in an amount equal to eighty(80%)percent of the payment to the Owner by the City upon receipt of evidence and certificate that payment in this amount has been made to the Owner. The City agrees that if requested by the Owner,it will pay ninety(90%)percent of the total billed costs to the Owner upon receipt of Owner's final bill resulting in a ten(10%)percent retainage pending audit results. The City may elect to request its eighty(80%)percent reimbursement from the State if this option is elected. And, accordingly,upon conclusion of the audit and settlement of its findings all remaining retainage is to be promptly paid the Owner by the City and the City agrees to promptly request final reimbursement from the State. If costs are developed under procedure(3)as before specified,the City will,upon satisfactory completion of the relocation and adjustment by the Owner and upon receipt of a billing prepared in acceptable form,make payment to Owner in the agreed to amount.And as before,the City may then claim eighty(80%)reimbursement from the State. In this instance,no audit shall be required prior to payment. Form D-15-48 enclosed with Owner's preliminary estimate attached to this agreement, is approved as complying with Title 23,Code of Federal Regulations, Part 645, Sec. 645.115 and Owner is authorized,but not required,to contract such work. The preliminary estimate will indicate the extent to which work is to be performed under each contract. Other work shall be contracted by Owner only with approval of the State in accordance with Title 23,Code of Federal Regulations,Part 645. In the event it is determined that a substantial change from the statement of work contained in this agreement is required, reimbursement therefor shall be limited to costs covered by a modification of this agreement or a written change or extra work order approved by the State. It is expressly understood that this agreement is subject to cancellation by the State at any time up to the date that work tender this agreement has been authorized and that such cancellation will not create any liability on the part of the State. The Owner by execution of this agreement does not waive any of the rights which Owner may legally have within the limits of the law. A:\beaumont3panyfinal LM Cory.dot City of Beawnont,Texas EXECUTION RECOMMENDED: By: Mayor District Engineer,Texas Department of Transportation Beaumont District ATTEST: THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders,established policies, or work programs heretofore approved and authorized by the Owner: ExxonMobi 1 Oil Corporation Texas Transportation Commission By: B}' Director,Right of Way Division R.E. Baze Title: Agent and Attorney-in-Fact Date: Date: AAbeaumnL1panyFina1 CM Corp.dot CERTIFICATION I CERTIFY that on February 11, 2000, Raymond J. McGowan, Executive Vice President of Mobil Oil Corporation, executed a power of attorney as follows: " KNOW ALL MEN BY THESE PRESENTS THAT Mobil Oil Corporation, a New York corporation, acting by and through Raymond J. McGowan, an Executive Vice President of Mobil Oil Corporation (hereinafter sometimes called "Company"), does hereby nominate, constitute and appoint each incumbent holding the following positions in ExxonMobil Chemical Company (a division of Exxon Mobil Corporation): Vice President--Polyolefins Americas Polyethylene Vice President--Polyolefins Americas Blow Molding Resin Sales Manager--Polyethylene Americas Film Resin Sales Manager--Polyethylene Americas Specialty Polymers Sales Managers--Polyethylene Americas Vice President-- Basic Chemicals Americas Marketing and Sales Manager-- Basic Chemicals Americas Operations Manager-- Basic Chemicals Americas Planning Manager-- Basic Chemicals Americas Supply Manager-- Basic Chemicals Americas "As Agent and Attorney-in-Fact of Company, including its Mobil Chemical Company division, for purposes of executing and delivering instruments and documents as more particularly described below, and does hereby grant, delegate and invest in each said incumbent the power and authority to execute and deliver for, in the name and on behalf of Company and/or its Mobil Chemical Company division, and in connection with the business and affairs of said Company and/or its Mobil Chemical Company division, instruments and documents only of the following types: 1. Contracts, including amendments thereto and assignments and terminations thereof, but only to the extent that such incumbent would be authorized under the ExxonMobil Chemical Company (EMCC) Approval Guide to execute the relevant instrument or document on behalf of ExxonMobil Chemical Company. "Each incumbent of said positions in ExxonMobil Chemical Company may exercise the power and authority herein granted, delegated and invested, in any particular and appropriate transaction or matter as Attorney-in-Fact of Company. Any action taken as authorized under this Incumbent Power of Attorney shall be an act of and binding upon Company. "Certificates of incumbency and authority relating to particular transactions or matters issued by the Secretary or any Assistant Secretary of Exxon Mobil Corporation may be relied upon by third parties in dealing with Company, provided that such Certificates certify that, on the dates set out therein, the individual named therein was an incumbent of one of said positions in ExxonMobil Chemical Company. "This Power of Attorney is effective from February 1, 2000 through January 31, 2003." CERTIFY That Raymond J. McGowan was an incumbent Executive Vice President of Mobil Oil Corporation on February 11, 2000. 1 CERTIFY That Mobil Oil Corporation changed its name to ExxonMobil Oil Corporation on June 1, 2001. l CERTIFY That R. E. Baze was the Supply Manager, Basic Chemicals Americas, ExxonMobil Chemical Company, a division of Exxon Mobil Corporation, on February 11, 2000, when this Power of Attorney was first granted; I CERTIFY That R. E. Baze is the incumbent Supply Manager, Basic Chemicals Americas, ExxonMobil Chemical Company, a division of ExxonMobil Corporation. FURTHER CERTIFY That R. E. Baze would be authorized under the ExxonMobil Chemical Company (EMCC) Approval Guide to execute that certain Three Party Utility Agreement, that certain Standard Utility Agreement, and that Certain Utility Joint Use Agreement, all with respect to FM-364 (Major Drive) from SH-102 to SH-124, on behalf of ExxonMobil Chemical Company if ExxonMobil Chemical Company were a party thereto, and that he is therefore authorized to sign such agreements on behalf of ExxonMobil Oil Corporation. IN WITNESS WHEREOF, I hereunto affix my hand and the Corporate Seal of EXXON MOBIL CORPORATION at Houston, Texas on this the 1st day of May 2002. Patricia D. Murphy, Assistant Secretary STATE OF TEXAS ) COUNTY OF HARRIS ) BEFORE ME, Notary Public in and for the State of Texas, personally appeared , known to me to be the person whose name is subscribed to the foregoing in tr ent and being duly sworn acknowledged to me that she executed the foregoing instrument for the purpose therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and seal of office this day of May 2002. of Public certif reb 4-02 �lllllJ!!!t!!ll.�./�i✓..._ ... CLEMENCIA HERNAm.� • NOTARY PUBLIC,STATE OF Tr MY COMMISSION EXPIRF' l(1 �TfOF�E+ JAN. 30, 2001 : 10�!lllll!!l!!ll!!!✓.^ Form ROW-U43 7/2000 (Replaces Form D-1543) (Electronic version GSD-01C Word 97) Page 1 of 2 THREE PARTY UTILITY AGREEMENT Agreement No. County:JEFFERSON ROW CSJ No.: 786-01-064 Federal Project No.: Highway No.: FM-364(MAJOR DR.) Contract No.: Account No.. This Agreement by and between the State of Texas,acting by and through the Texas Transportation Commission, hereinafter called the State,and The City of Beaumont,Texas,acting by and through its duly authorized official under Ordinance No.: 92-192 dated the 28th day of July, 1992,hereinafter called the City,and Mobil Vanderbilt-Beaumont Pipeline Company,acting by and through its duly authorized representative,hereinafter called the Owner,shall be effective on the date of approval and execution by the State. WHEREAS,it has been determined necessary to make certain highway improvements in the State Highway System as designated by the State and generally described as follows:County Jefferson Highway FM-364 located from SH-102 To SH-124 ;and, WHEREAS,the State and the City have previous to this date entered into a contractual agreement,agreeing to handle by separate agreement the adjustment,removal or relocation of certain utility facilities necessitated as a result of highway improvements on the hereinabove designated project on the basis of an 80/20 State to City funding/participation ratio with the 801/o State portion being in fact federal fiords in which the State acts as steward;and, WHEREAS,the State as steward,and the City will participate in the costs of relocating and adjusting certain facilities of the Owner to the extent as may be eligible far State participation under Transportation Code,Title 6,Chap.203,Sec. 203.092;and, WHEREAS,the Owner,in Affidavit,Form D-15-U1,dated April 24,2002,has asserted an interest in certain lands and that this proposed highway improvement will necessitate the adjustment,removal or relocation of certain facilities of the Owner now located upon such lands as indicated in the following statement of work: Proposed adjustment of Mobil Vanderbilt-Beaumont Pipeline Company's(MVB-70) 16"Offgas PL to accommodate TxDot's proposed widening of FM-365(Major Dr.),Jefferson County at the TxDot Station number 67+83.24 ;and WHEREAS,the State will administer federal funds in payment of the costs incurred in the adjusting of Owner's facilities under provisions of Title 23 Code of Federal Regulations,Part 645;and, WHEREAS,the State and the City desire to accomplish the adjustment,removal or relocation of the Owner's utility facilities by entering into an agreement with the Owner and such work is shown in more detail in Owner's preliminary plans,specifications and cost estimates which are attached hereto and made a part hereof;and which are prepared in the form and manner required by Title 23 Code of Federal Regulations,Part 645 and; WHEREAS,the State,City,and Owner wish to document their agreement for the effectuation of these terms, NOW,THEREFORE,BE IT MUTUALLY AGREED: A'beaua3n13pwt)fmW MVB.dot The City will pay to the Owner the costs incurred in relocating and adjusting Owner's facilities up to the amount said costs may be eligible for state and federal cost participation with the State then reimbursing the City. The Owner has determined that the method to be used in developing the relocation or adjustment costs shall be as specified for the method checked and described hereafter: _(1)Actual direct and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable federal or state regulatory body. X (2)Actual direct and related indirect costs accumulated in accordance with an established accounting procedure developed by the Owner and approved by the State. _(3)An agreed lump sum of$ as supported by the detailed itemization of estimated costs attached hereto. Upon execution of this agreement by the parties hereto the City will,by written notice,authorize the Owner to proceed with the necessary adjustment,removal or relocation,and the Owner agrees to prosecute such work diligently in accordance with the plans attached hereto,to completion in such manner as will not result in avoidable interference or delay in either the State's highway construction or in the said work. Such authorization to proceed shall constitute notice on the part of the State that the utility relocation has been included in an approved program as an item of right of way acquisition, that a project agreement which includes the work has or will be executed,and that the utility relocation or adjustment will be required by the final approved project agreement and plans. If costs are developed under procedure(1)or(2)as before specified,upon satisfactory completion of the relocation or adjustment and upon receipt of a final billing from the Owner prepared in form and manner as prescribed by Title 23 Code of Federal Regulations Part 645 and after the required audit,the City will pay to the Owner the full amount of costs found eligible by said audit and the costs paid by the City pursuant to this agreement shall be full compensation to the Owner for the costs incurred in making such adjustment, removal or relocation.Bills for work contemplated herein shall be submitted to the City not later than ninety(90)days after completion of the work. The State will reimburse the City in an amount equal to eighty(80 1/6)percent of the payment to the Owner by the City upon receipt of evidence and certificate that payment in this amount has been made to the Owner. The City agrees that if requested by the Owner,it will pay ninety 90%)percent of the total billed costs to the Owner upon receipt of Owner's final bill resulting in a ten(10%)percent retainage pending audit results. The City may elect to request its eighty(80%)percent reimbursement from the State if this option is elected. And,accordingly,upon conclusion of the audit and settlement of its findings all remaining retainage is to be promptly paid the Owner by the City and the City agrees to promptly request final reimbursement from the State. If costs are developed under procedure(3)as before specified,the City will,upon satisfactory completion of the relocation and adjustment by the Owner and upon receipt of a billing prepared in acceptable form,make payment to Owner in the agreed to amount. And as before,the City may then claim eighty(80 1/o)reimbursement from the State. In this instance,no audit shall be required prior to paymnent. Form D-15-48 enclosed with Owner's preliminary estimate attached to this agreement, is approved as complying with Title 23, Code of Federal Regulations,Part 645, Sec. 645.115 and Owner is authorized,but not required,to contract such work. The preliminary estimate will indicate the extent to which work is to be performed under each contract. Other work shall be contracted by Owner only with approval of the State in accordance with Title 23, Code of Federal Regulations,Part 645. In the event it is determined that a substantial change from the statement of work contained in this agreement is required, reimbursement therefor shall be limited to costs covered by a modification of this agreement or a written change or extra work order approved by the State. It is expressly understood that this agreement is subject to cancellation by the State at any time up to the date that work under this agreement has been authorized and that such cancellation will not create any liability on the part of the State. CAWMMDOC4uaumont3partyCunal MVB.dot The Owner by execution of this agreement does not waive any of the rights which Owner may legally have within the limits of the law. City of Beaumont,Texas EXECUTION RECOMIvv1ENDED: By: Mayor District Engineer,Texas Departnent of Transportation Beaumont District ATTEST: THE SPATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders,established policies,or work programs Mobil Vanderbilt-Beaumont heretofore approved and authorized by the Texas Owner: Pipeline Company Transportation commission By: By: Director,Right of Way Division R.V. Pisarczyk 6F V Title: President Date: Date: 0 2-oa Z- CAV.TYMAD0Clbeaumont3panyfaW MVB dot ,T Form ROW-U43 7/2000 (Replaces Form D-15-43) (Electronic version GSD-EPC Word 97) Pagel of2 THREE PARTY UTILITY AGREEMENT Agreement No. County.JEFFERSON ROW CSJ No.:786-01-064 Federal Project No.: Highway No.: FM-364(MAJOR DR.) Contract No.. Account No.. This Agreement by and between the State of Texas,acting by and through the Texas Transportation Commission, hereinafter called the State,and The City of Beaumont,Texas,acting by and through its duly authorized official under Ordinance No.:92-192 dated the 28th day of July, 1992,hereinafter called the City,and ExxonMobil Oil Corporation, acting by and through its duly authorized representative,hereinafter called the Owner,shall be effective on the date of approval and execution by the State. WHEREAS, it has been determined necessary to make certain highway improvements in the State Highway System as designated by the State and generally described as follows: County Jefferson Highway FM-364 located from SH-102 To SH-124 ;and, WHEREAS,the State and the City have previous to this date entered into a contractual agreement,agreeing to handle by separate agreement the adjustment,removal or relocation of certain utility facilities necessitated as a result of highway improvements on the hereinabove designated project on the basis of an 80/20 State to City funding/participation ratio with the 80%State portion being in fad federal funds in which the State acts as steward;and, WHEREAS,the State as steward,and the City will participate in the costs of relocating and adjusting certain facilities of the Owner to the extent as may be eligible for State participation under Transportation Code,Title 6,Chap.203,Sec. 203.092;and, WHEREAS,the Owner,in Affidavit,Form D-15 Ul,dated April 24,2002,has asserted an interest in certain lands and that this proposed highway improvement will necessitate the adjustment,removal or relocation of certain facilities of the Owner now located upon such lands as indicated in the following statement of work: Proposed adjustment of ExxonMobil Oil Corporation's(MR)pipelines to accommodate TxDot's proposed widening of FM-365(Major Dr.),Jefferson County at the following TxDot Station numbers: MR 1,8"PG Propylene PL, Station No.61+69.02 MR-6,8"Butane PL Station No.61+74.95 MR-114, 16"Propane PL,Station 93+56 MR-5, 10"Ethane PL,Station 93+70 ;and WHEREAS,the State will administer federal funds in payment of the costs incurred in the adjusting of Owner's facilities under provisions of Title 23 Code of Federal Regulations,Part 645;and, WHEREAS,the State and the City desire to accomplish the adjustment,removal or relocation of the Owner's utility facilities by entering into an agreement with the Owner and such work is shown in more detail in Owner's preliminary plans,specifications and cost estimates which are attached hereto and made a part hereof,and which are prepared in the form and manner required by Title 23 Code of Federal Regulations,Part 645 and; WHEREAS,the State,City,and Owner wish to document their agreement for the effectuation of these terms, AAb=MWnt3pany5 W EM 09 Corp.dot NOW,THEREFORE,BE IT MUTUALLY AGREED: The City will pay to the Owner the costs incurred in relocating and adjusting Owner's facilities up to the amount said costs may be eligible for state and federal cost participation with the State then reimbursing the City. The Owner has determined that the method to be used in developing the relocation or adjustment costs shall be as specified for the method checked and described hereafter: !(1)Actual direct and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable federal or state regulatory body. _K_(2)Actual direct and related indirect costs accumulated in accordance with an established accounting procedure developed by the Owner and approved by the State. _(3)An agreed lump sum of$ as supported by the detailed itemization of estimated costs attached hereto. Upon execution of this agreement by the parties hereto the City will,by written notice,authorize the Owner to proceed with the necessary adjustment, removal or relocation,and the Owner agrees to prosecute such work diligently in accordance with the plans attached hereto,to completion in such manner as will not result in avoidable interference or delay in either the State's highway construction or in the said work. Such authorization to proceed shall constitute notice on the part of the State that the utility relocation has been included in an approved program as an item of right of way acquisition, that a project agreement which includes the work has or will be executed,and that the utility relocation or adjustment will be required by the final approved project agreement and plans. If costs are developed under procedure(1)or(2)as before specified,upon satisfactory completion of the relocation or adjustment and upon receipt of a final billing from the Owner prepared in form and manner as prescribed by Title 23 Code of Federal Regulations Part 645 and after the required audit,the City will pay to the Owner the full amount of costs found eligible by said audit and the costs paid by the City pursuant to this agreement shall be full compensation to the Owner for the costs incurred in making such adjustment, removal or relocation.Bills for work contemplated herein shall be submitted to the City not later than ninety(90)days after completion of the work. The State will reimburse the City in an amount equal to eighty(80%)percent of the payment to the Owner by the City upon receipt of evidence and certificate that payment in this amount has been made to the Owner. The City agrees that if requested by the Owner,it will pay ninety 90%)percent of the total billed costs to the Owner upon receipt of Owner's final bill resulting in a ten(10%)percent retainage pending audit results. The City may elect to request its eighty(80 1/o)percent reimbursement from the State if this option is elected. And,accordingly,upon conclusion of the audit and settlement of its findings all remaining retainage is to be promptly paid the Owner by the City and the City agrees to promptly request final reimbursement from the State. If costs are developed under procedure(3)as before specified,the City will,upon satisfactory completion of the relocation and adjustment by the Owner and upon receipt of a billing prepared in acceptable form, make payment to Owner in the agreed to amount. And as before, the City may then claim eighty(80%)reimbursement from the State. In this instance,no audit shall be required prior to paymnent. Form D-15-48 enclosed with Owner's preliminary estimate attached to this agreement, is approved as complying with Title 23, Code of Federal Regulations,Part 645, Sec. 645.115 and Owner is authorized,but not required,to contract such work. The preliminary estimate will indicate the extent to which work is to be performed under each contract. Other work shall be contracted by Owner only with approval of the State in accordance with Title 23, Code of Federal Regulations,Part 645. In the event it is determined that a substantial change from the statement of work contained in this agreement is required, reimbursement therefor shall be limited to costs covered by a modification of this agreement or a written change or extra work order approved by the State. CAWPWRADOM-caurnont3pany"I EM oil Corp dot It is expressly understood that this agreement is subject to cancellation by the State at any time up to the date that work under this agreement has been authorized and that such cancellation will not create any liability on the part of the State. The Owner by execution of this agreement does not waive any of the rights which Owner may legally have within the limits of the law. City of Beaumont, Texas EXECUTION RECOMN ENDED: By: Mayor District Engineer,Texas Department of Transportation Beaumont District ATTEST: THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders,established policies,or work programs ExxonMobil Oil Corporation heretofore approved and authorized by the Texas Owner: Transportation Commission c� By: By: 'V Director,Right of way Division Right-of-Way Manager, EMPCo Title:Attorney-in-Fact for ExxonMobil Oil Corp. Date: Date: ev C\"WD;0OClbeaumont3partyfirul EM Oil Corp.dot B ...... City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: May 21, 2002 AGENDA MEMO DATE: May 10, 2002 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of two (2) water line easements providing access for fire prevention services. RECOMMENDATION Each of the property owners listed below have conveyed a ten foot (10') water line easement to the City of Beaumont. These easements will provide mandatory access for fire prevention services. 1. Tract 3-A, Block C, T. H. Langham Estates out of H. Williams Survey, Abstract 56 (6220 Westgate Drive) Owner: Westgate Memorial Baptist Church 2. Tract 36A, Plat D-23 out of Frederick Bigner Survey, Abstract 1 (4330 Crow Road) Owner: Redeemer Lutheran Church Administration recommends acceptance of the easements. BACKGROUND The easements are to be used to provide exclusive access to the water lines and fire hydrants for the church properties named above. They would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny a resolution authorizing the acceptance of two (2) water line easements providing access for fire prevention services. SUBJECT 10' WATER LINE EASEMENT PLACE J _ Z z Dr c~ INDSOR p W v ei w ; Z z o w y a ° F�zco °d ,��y V NTLRA =O LLocno Qwo o �U Ou wu=Vu UB� Z N J g m A TRACT 3-A, BLOCK C pLAC w co°- m N o , W _ T.H. LANGHAM ESTATES •WOOD gY z LEANDER OUT OF H. WILLIAMS SURVEY EN °G F ON K- •WINDWOOD WILCHES z ABSTRACT 56 D 6o - Y" o° WILDER Q 3 u WEDGE DOD p (6220 WESTGATE DRIVE) o ALEM 3 N TULIP QS ZA E r J SALLIE S OWNER: �9 F aP WESTGATE MEMORIAL BAPTIST o a N w Z Z _CHURCH � o >z a o w OD a Lu Q m CL PAW 9� o u w LOCATION MAP N.T.S. LEGEND ® SUBJECT PROPERTY 4W AD V f O � y a J J � ! J A9 AM J • / • t 7' p LLi CL } a a • & a s oe a zz w Q [l3.1 ti, do 6O v� a 0 � � a p an>, ra MAP °c ! J • w U N.T.S. SUBJECT 10' WATER LINE EASEMENT opa = LA TRACT36A, PLAT D-23 3 OUT OF F. BIGNER SURVEY ODOM ABSTRACT 66 uj 0 y ca at P 2 � y F-W W 0 Vf C.2 J (4330 CROW ROAD) 3 cc COLLIER OPT o OONM SS z OWNER: ; J o REDEEMER LUTHERAN o m zw CHURCH J FOLSOM AR ENNYSOI I NE ARTHUR RALEIGH c� CHRISTINA r z COOLIDGE zd CT.EAST c v a amc W ROwNI a TAFT 8R0 w*NSTOWrDR. o z c MILTON 2 0 cc ARBOR- C m y wnnn -FORD S - *PAR( LOCATION MAP N.T.S. LEGEND ® SUBJECT PROPERTY 0 1 3: 0 X o- W CL CL a z z IL w v Q cioLL1EA o Q Z W Q W U N.T.S. c City o f Beaumont A EL Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: May 21, 2002 AGENDA MEMO DATE: May 16, 2002 REQUESTED ACTION: Council consideration to authorize the City Manager to execute an agreement for sponsorship of the City's July 4`h Celebration. RECOMMENDATION Administration recommends authorizing the City Manager to execute an agreement with KFDM- TV to underwrite as prime sponsorship the July 4'' festival celebration. BACKGROUND Staff is currently developing plans to expand the City's annual Independence Day celebration held in Riverfront Park. Plans include closing Main Street from College to Liberty Streets for space to provide children's games, rides and entertainment. The celebration will be joined by the Energy Museum, Art Museum of Southeast Texas, Crockett Street Market and the Fire Museum. Activities are scheduled to begin at 11:00 a. m. and close after the fireworks display. KFDM-TV submitted a proposal for sponsorship of the event to offset the additional expenses the City will incur for the expanded activities. They have agreed to sponsor the event in the amount of $25,000. KFDM-TV may solicit additional sponsors to defray their costs. They will also assist in advertising the event to the public. The City agrees to grant the right of first refusal for the 2003 event. As in the past, the Symphony of Southeast Texas will perform prior to the traditional fireworks display. A copy of the agreement is attached for your review and approval. Beaumont Civic Center Complex - Rental Rate Amendment May 16, 2002 Page 2 BUDGETARY IMPACT KFDM-TV will contribute $25,000 to offset celebration expenses. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Convention Facilities Manager. RECOMMENDED MOTION Approve/deny authorizing the City Manager to execute an agreement with KFDM-TV for sponsorship of the City's July 4, 2002 celebration. CONTRACT STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, KFDM-TV (herein "KFDM") and the City of Beaumont (herein "City") wish to enter into an agreement for KFDM to underwrite as prime sponsor a portion of the cost of the City's July 4, 2002 festival celebration (herein "the Event") and the parties agree as follows: 1. OBLIGATIONS OF KFDM. 1.1. To pay to the City the sum of Twenty-Five Thousand Dollars($25,000) in three (3) installments. Upon execution of this agreement, the first payment of $8,300 is due and payable. The second payment, in the amount of$8,300, will be made on or before June 10, 2002. Final payment, in the amount of$8,400, will be made on or before July 1, 2002. 1.2. To promote the Event and sell additional sponsorships for the Event. Any such sponsorship shall exclude sexually oriented businesses,tobacco products and alcoholic beverages. 1.3. To allow other sponsors not affiliated with KFDM, such as the Symphony of Southeast Texas, a classic car show and the Crockett Street Entertainment Complex, to advertise at the Event. 1.4. To recognize that food vendors in or on City property and at Riverfront Park must be contracted through the City's concessionaire, Swanson Corporation. 1.5. To not place production vehicles in Riverfront Park. 1.6. To obtain approval for all signage and product advertisement or placement from the Convention Facilities Manager prior to placing such signs or products or advertisements. 2. OBLIGATIONS OF THE CITY. 2.1. Subject to inclement weather and events beyond the control of City, City will produce and present The Event in downtown Beaumont to include music and a fireworks display. 2.2. To recognize KFDM as the prime underwriter of The Event, including the right to obtain other sponsors and offer various rights to such sponsors as shown on Exhibit "A" attached hereto. 2.3. To agree that KFDM shall have the right of first refusal to be the prime underwriter for the 2003 Event, if any. 2.4. To include logos as produced by KFDM and their affiliate sponsors on all written or electronic material promoting the Event so long as such logos are provided to City in a timely fashion. 2.5. To include ten (10) VIP reserved seats in Riverfront Paris for the fireworks display. - 2 - EXECUTED this day of , 2002. THE CITY OF BEAUMONT By: Stephen J. Bonczek, City Manager KFDM-TV By: Larry Beaulieu, General Manager - 3 -