HomeMy WebLinkAboutPACKET NOVEMBER 25 2003 i Irwiff-
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City of Beaunwnt
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NOVEMBER 25, 2003 1:30 P.M.
AGENDA
CALL TO ORDER
Invocation Pledge Roll Call
* Presentations and Recognition
Public Comment: Persons may speak on scheduled agenda items 5-7/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider approving a request for a zone change from RM-H (Residential Multiple
Family Dwelling-Highest Density) and GC-MD (General Commercial-Multiple
Family Dwelling) to LI (Light Industrial) District and a specific use permit to allow
a farm equipment and machinery manufacturing facility at property located
approximately between Irving and St. Anthony and between McGovern and
Schwarner
2. Consider approving a request for a zone change from RM-H (Residential Multiple
Family Dwelling-Highest Density) to GC-MD (General Commercial-Multiple
Family Dwelling) District for the property at 3825 W. Lucas
3. Consider approving a request for a specific use permit to allow a day spa in an
RCR(Residential Conservation and Revitalization) District at 2300 McFaddin
4. Consider approving a request for a specific use permit to allow a drinking place in
a GC-MD (General Commercial-Multiple Family Dwelling) District at 5205
Fannett Road
5. Consider approving a request for the abandonment of a 16' x 316.89'public utility
easement on the west side of Lots 1 and 2, east side of Lot 3, Block 2, Beaumont
Medical Plaza Subdivision
6. Consider approving a resolution accepting the bequest of$100,000 from the estate
of Elizabeth Gilbert Fortune for the operation, maintenance, continuation and/or
expansion of the Tyrrell Historical Library
7. Consider approving a resolution endorsing the Port of Beaumont's Rail Expansion
Plan and supporting the Port's efforts to obtain funding for construction of the Rail
Expansion Plan
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in
accordance with Section 551.071 of the Government Code:
James Harris v City of Beaumont, et al
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids
or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting.
1
November 25,2003
Consider approving a request for a zone change from RM-H (Residential Multiple Family Dwelling-
Highest Density) and GC-MD (General Commercial-Multiple Family Dwelling) to LI (Light
Industrial)District and a specific use permit to allow a farm equipment and machinery manufacturing
facility at property located approximately between Irving and St. Anthony and between McGovern
and Schwarner
i
City of Beaumont
A c
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Stephen C. Richardson,Planning Manager
MEETING DATE: November 25, 2003
AGENDA MEMO DATE: November 18, 2003
REQUESTED ACTION: Council consider a request for a zone change from RM-H
(Residential Multiple Family Dwelling-Highest Density)and GC-MD
(General Commercial-Multiple Family Dwelling) to LI (Light
Industrial) District and a specific use permit to allow a farm
equipment and machinery manufacturing facility at property located
approximately between Irving and St. Anthony and between
McGovern and Schwarner.
RECOMMENDATION
The Administration recommends approval of a zone change from RM-H and GC-MD to LI District
and a specific use permit to allow a farm equipment and machinery manufacturing facility at property
located approximately between Irving and St. Anthony and between McGovern and Schwamer.
BACKGROUND
Modern,Inc. is requesting a zone change to LI(Light Industrial)and a specific use permit for all of
its properties in the Charlton-Pollard neighborhood.
In January,2003,Modem,Inc.applied for a zone change to GC-MD for Lots 20-22,Block 1,Minter
Addition. The property was to be used for employee parking. At that time, staff recommended
denial because the existing and proposed use of those lots would be in support and part of an existing
nonconforming industrial use. Staff also stated that the use would not be permitted in GC-MD. "For
it to be legal,the property needed to be zoned LI(Light Industrial)with a specific use permit or HI
(Heavy Industrial). No action was taken due to lack of a quorum of the Planning Commission.
Lloyd Koehnen, representing Modern, later met with the Planning Manager to discuss Modem's
options. Modern then decided to apply for HI for all the property that it owns in Charlton-Pollard
so that it would be a permitted use. This request was denied by City Council on March 25, 2003.
In May,2003,Modern,Inc.'s request for a zone change to LI and a specific use permit was denied.
i
Modern,Inc.is again applying for LI and a specific use permit for a farm equipment and machinery
manufacturing facility with permission of the Planning Commission.
Modern, Inc. has been located on Irving and Tilson for approximately 42 years. The company
manufactures tractor powered implements and other metal products. The plant on Irving extends
west to Tilson and St. Anthony and from Schwarner to McGovern and contains just over 3 acres of
land area.
This area of Beaumont was originally zoned C-1 in 1955. The C-1 was converted to GC-MD with
adoption of the 1981 zoning ordinance. The RM-H designation of some of Modem's property and
also of most of the residentially zoned areas along either side of Irving Street was the result of
rezoning studies and changes over the years. The commercial zoning along Irving remained in place.
Modern, Inc. i s a m anufacturing c oncem and, as s uch, i s an i ndustrial u se. A s earch o f c ity
directories seems to indicate the firm began an operation at 1901 Tilson around 1960 and expanded
over the years. Again,Modern,Inc.at the Tilson and Irving Street location is a nonconforming use.
Under Section 30-30, "Nonconforming Buildings, Structures and Uses of the Land", regulations
explain and discuss various aspects of the nonconforming uses of land. There are several limitations
on nonconforming uses and few exemptions. It is questionable whether or not the existing plant
operations are a lawful nonconforming use since information leads staff to believe that Modern,Inc.
began manufacturing at the site after the area was originally zoned C-1 in 1955.
For the use to be conforming, the property where the plant is located should be industrially zoned.
BUDGETARYIMPACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held November 17,2003,the Planning Commission voted 9:0 to approve
a zone change from RM-H and GC-MD to LI District and a specific use permit to allow a farm
equipment and machinery manufacturing facility at property located approximately between Irving
and St. Anthony and between McGovern and Schwarner.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager, Public Works Director and the Planning Manager.
i
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A FARM EQUIPMENT AND
MACHINERY MANUFACTURING FACILITY IN A LI (LIGHT
INDUSTRIAL) DISTRICT AT PROPERTY LOCATED
APPROXIMATELY BETWEEN IRVING AND ST. ANTHONY
AND BETWEEN MCGOVERN AND SCHWARNER,
CONTAINING 3.39 ACRES, IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, the City Council for the City of Beaumont desires to issue a specific
use permit to Modern, Inc.to allow a farm equipment and machinery manufacturing facility
in a LI (Light Industrial) District at property located approximately between Irving and St.
Anthony and between McGovern and Schwarner, being Lots 17-22 , Block 1, Minter
Addition, Lots 3-14, adj. Alley, Tracts A-D of abandoned Tilson St. and Tracts A and B,
Block 1, Minter Addition and Plat J, Tract 22, D. Brown Survey, City of Beaumont,
Jefferson County, Texas, containing 3.39 acres, more or less, as shown on Exhibit "A"
attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow a farm equipment and machinery manufacturing
facility in a LI (Light Industrial) District at property located approximately between Irving and
St. Anthony and between McGovern and Schwarner, being Lots 17-22 , Block 1, Minter
Addition, Lots 3-14, adj. Alley, Tracts A-D of abandoned Tilson St. and Tracts A and B,
Block 1, Minter Addition and Plat J, Tract 22, D. Brown Survey, City of Beaumont,
Jefferson County, Texas, containing 3.39 acres, more or less, as shown on Exhibit "A"
attached hereto; and, is hereby granted to Modern, Inc., its legal representatives,
successors and assigns.
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 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
November, 2003.
- Mayor Evelyn M. Lord -
FILE 1697-Z/P: A request for a zone change from l2:M-H (Residential Multiple Family NORTH
Dwelling-Highest Density) District and GC-MD (General Commercial-Multiple
Family Dwelling) District to LI (Light Industrial) District and a specific use permit to
allow a farm equipment and machinery manufacturing facility. 5C.U.E
_ Location: Approximately between Irving and St. Anthony and between McGovern 1"=200' �
and Schwarner
Applicant: Modern Ltd. c
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ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF
THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL
MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)
DISTRICT AND GC-MD (GENERAL COMMERCIAL-
MULTIPLE FAMILY DWELLING) DISTRICT TO Li (LIGHT
INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED
APPROXIMATELY BETWEEN IRVING AND ST. ANTHONY
AND BETWEEN MCGOVERN AND SCHWARNER,
BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the
zoning of property presently zoned as RM-H (Residential Multiple Family Dwelling-Highest
Density) District and GC-MD (General Commercial-Multiple Family Dwelling) District to LI
(Light Industrial) District for property located approximately between Irving and St.Anthony
and between McGovern and Schwarner, being Lots 17-22, Block 1, Minter Addition, Lots
3-14, adj. alley, Tracts A-D of abandoned Tilson St. and Tracts A and B, Block 1, Minter
Addition and Plat J, Tract 22, D. Brown Survey, City of Beaumont, Jefferson County,
Texas, containing 3.39 acres, more or less., as described on Exhibit "A", and the official
zoning map of the City of Beaumont is hereby amended to reflect such changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations contained in Chapter 30 of the Code of
Ordinances of Beaumont, Texas, as amended.
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
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
November, 2003.
- Mayor Evelyn M. Lord -
2
November 25,2003
Consider approving a request for a zone change from RM-H (Residential Multiple Family Dwelling-
Highest Density) to GC-MD (General Commercial-Multiple Family Dwelling) District for the
property at 3825 W. Lucas
A
Cit y of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: November 25, 2003
AGENDA MEMO DATE: November 18, 2003
REQUESTED ACTION: Council consider a request for a zone change from RM-H
(Residential Multiple Family Dwelling-Highest Density)to GC-MD
(General Commercial-Multiple Family Dwelling) District for the
property at 3825 W. Lucas.
RECOMMENDATION
The Administration recommends denial of a zone change from RM-H to GC-MD District for the
property at 3825 W. Lucas.
BACKGROUND
Rick Hamberlin,the property owner, is requesting the rezoning of 3825 W. Lucas so that it can be
used for commercial purposes. Mr.Hamberlin states that due to the surrounding land uses and high
traffic volume on W.Lucas,the property is no longer conducive to residential use. He suggests that
the property could be used for some type of office.
The subject property and the two lots immediately to the south are currently zoned RM-H. The
properties to the north and east are zoned GC-MD. The properties to the south and west are zoned
RS (Residential Single Family Dwelling)District. In 1998, a request to rezone 4210 Folsom at W.
Lucas to GC-MD was denied by City Council.
Since the subject property is zoned RM-H, a number of commercial uses could be permitted with
a specific use permit. These uses include a number of office uses,dance studios and coin-operated
laundries.
The Planning Manager recognizes that the subject property is adversely affected by the traffic
volume and commercial properties to the north and east. However, he feels that GC-MD zoning
would be detrimental to the single family residences to the west and south. RM-H would allow some
commercial but with the protection of a specific use permit.
BUDGETARYIMPACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held November 17, 2003,the Planning Commission voted 8:0:1 to deny
a zone change from RM-H to GC-MD District for the property at 3825 W. Lucas.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager,Public Works Director and the Planning Manager.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF
THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL
MULTIPLE FAMILY DWELLING-HIGHEST DENSITY)
DISTRICT TO GC-MD(GENERAL COMMERCIAL-MULTIPLE
FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED
AT 3825 W. LUCAS, BEAUMONT, JEFFERSON COUNTY,
TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the
zoning of property presently zoned as RM-H (Residential Multiple Family Dwelling-Highest
Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District for
property located at 3825 W. Lucas, being Tract 131, Plat D22, F. Bigner Survey, City of
Beaumont, Jefferson County, Texas, containing 0.69 acres, more or less, as described on
Exhibit "A", and the official zoning map of the City of Beaumont is hereby amended to
reflect such changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations contained in Chapter 30 of the Code of
Ordinances of Beaumont, Texas, as amended.
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
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
November, 2003.
- Mayor Evelyn M. Lord -
FILE 16'95-Z: A request for a zone change from RM-H(Residential Multiple Family NORTH
Dwelling-Highest Density)District to GC-MD(General Commercial-Multiple Family -
Dwelling) District or more restrictive district.
Location: 3825 W. Lucas SCALE
Applicant: Rick Hamberlin 1"=200'
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3
November 25,2003
Consider approving a request for a specific use permit to allow a day spa in an RCR(Residential
Conservation and Revitalization) District at 2300 McFaddin.
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: November 25, 2003
AGENDA MEMO DATE: November 18, 2003
REQUESTED ACTION: Council consider a request for a specific use permit to allow a day spa
in an RCR(Residential Conservation and Revitalization)District at
2300 McFaddin.
RECOMMENDATION
The Administration recommends denial of a specific use permit to allow a day spa in an RCR
District at 2300 McFaddin.
BACKGROUND
Patricia Brooks and Rosalind Hall, the property owners,wish to operate a day spa in the structure
located at 2300 McFaddin.
Ms.Brooks and Ms.Hall state that the proposed facility intends to offer hair and nail care,massage
therapy, skin treatments, catered luncheons for its clientele,minor beautician services and the sale
of skin and hair care products. The facility will employ a receptionist,two massage therapists,two
hair stylists, two nail technicians and two estheticians. Approximately ten clients can be served at
any given time. Clients will spend one to four hours at the facility during a visit. The facility will
be open for business between the hours of 9 a.m. and 7 p.m., Monday through Saturdays.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held November 17,2003,the Planning Commission voted 5:4 to approve
a specific use permit to allow a day spa in an RCR District at 2300 McFaddin with approval of a
modification to the landscaping/screening requirements along the west side of the property,that the
fencing along the north boundary line remain with the property and that the applicant work with City
staff on using paving materials that will not destroy the trees.
i
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager, Public Works Director and the Planning Manager.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A DAY SPA IN AN RCR(RESIDENTIAL
CONSERVATION AND REVITALIZATION) DISTRICT
LOCATED AT 2300 MCFADDIN IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, the City Council for the City of Beaumont desires to issue a specific
use permit to Patricia Brooks and Rosalind Hall to allow a day spa in an RCR (Residential
Conservation and Revitalization) District located at 2300 McFaddin, being the East 40' of
Lot 27 and Lot 28, Block 20, Averill Addition, City of Beaumont, Jefferson County, Texas,
containing 0.31 acres, more or less, as shown on Exhibit "A" attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens, subject to the
hereinafter described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow a allow a day spa in an RCR (Residential
Conservation and Revitalization) District located at 2300 McFaddin, being the East 40' of
Lot 27 and Lot 28, Block 20, Averill Addition, City of Beaumont, Jefferson County, Texas,
containing 0.31 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby
granted to Patricia Brooks and Rosalind Hall, their legal representatives, successors and
assigns, subject to the following conditions:
► modification to landscaping/screening requirements along the west side of
the property;
i
► that the fencing along the north boundary line remain with the property; and
► that the applicant work with City staff on using paving materials that will not
destroy the trees.
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 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
November, 2003.
- Mayor Evelyn M. Lord -
;� 3Q0 I •
22M
FILE 1696-P: A request for a specific use permit to allow a day spa in an RCR NORTH
(Residential Conservation Revitalization) District -
Location: 2300 McFaddin
~ Od Applicant: Patricia Brooks and Rosalind Hall SCALE
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* Approval with a modification to the landscaping/screening
requirements along the west side of the property, that the
fencing along the north boundary line remain with the property
and that the applicant work with City staff on using paving
materials that will not destroy the trees.
4
November 25,2003
Consider approving a request for a specific use permit to allow a drinking place in a GC-MD(General
Commercial-Multiple Family Dwelling) District at 5205 Fannett Road
I
City of Beaumont
•�• Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: November 25, 2003
AGENDA MEMO DATE: November 18, 2003
REQUESTED ACTION: Council consider a request for a specific use permit to allow a
drinking place in a GC-MD (General Commercial-Multiple Family
Dwelling)District at 5205 Fannett Road.
RECOMMENDATION
The Administration recommends approval of a specific use permit to allow a drinking place in a GC-
MD District at 5205 Fannett Road with a modification to the screening/landscaping requirements
along the frontage of the existing parking lot.
BACKGROUND
Shelia Evans,the applicant, is requesting a specific use permit to allow the operation of a drinking
place at 5205 Fannett Road. This building had most recently been the location of the Tyrrell Park
Cafe and Lounge. The building and parking all exist. Ms. Evans has received signed permission
to use parking at the adjacent convenience store, if needed.
Ms.Evans states that the hours of operation of operation will be from 12 p.m.through 2 a.m. Beer,
wine and soda will be sold. Maximum seating will be 50 persons. Entertainment will include pool
tables and juke box. No live music will be provided and this will not be a sexually oriented business.
The existing sign will be used to identify the business.
BUDGETARY IMPACT
None.
i
PREVIOUS ACTION
At a Joint Public Hearing held November 17,2003,the Planning Commission voted 8:0 to approve
a specific use permit to allow a drinking place in a GC-MD District at 5205 Fanned Road with a
modification to the screening/landscaping requirements along the frontage of the existing parking
lot and with the stipulation that the existing sign be used.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager, Public Works Director and the Planning Manager.
i
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A DRINKING PLACE IN A GC-MD
(GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING)
DISTRICT LOCATED AT 5205 FANNETT ROAD IN THE CITY
OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, the City Council for the City of Beaumont desires to issue a specific
use permit to Shelia Evans to allow a drinking place in a GC-MD (General Commercial-
Multiple Family Dwelling) District located at 5205 Fannett Road, being parts of Lots 1, 2
and 29, Tract 3, Tyrrell Park Addition, City of Beaumont, Jefferson County, Texas,
containing 0.416 acres, more or less, as shown on Exhibit "A" attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens, subject to the
hereinafter described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow a drinking place in a GC-MD (General
Commercial-Multiple Family Dwelling) District located at 5205 Fannett Road, being parts
of Lots 1, 2 and 29, Tract 3, Tyrrell Park Addition, City of Beaumont, Jefferson County,
Texas, containing 0.416 acres, more or less, as shown on Exhibit "A" attached hereto, is
hereby granted to Shelia Evans, her legal representatives,successors and assigns,subject
to the following conditions:
► modification to the screening/landscaping requirements along the frontage
of the existing parking lot; and
► use of the existing sign.
i
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 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
November, 2003.
- Mayor Evelyn M. Lord -
i
4,VI V I I
FILE 1694-P: A request for a spec use permit to allow a drinking place in a GC- NORTH
MD (General Commercial-Multiple Family Dwelling) District
Location: 5205 Fannett Rd.
Applicant: Shelia Evans SCALE
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•Approval with a modification to[he screening landscaping
requirements along the frontage of the existing parking lot �\
and with the stipulation that the existing sign be used. R
�1oP• 3 //,� \ �.\Q EXHIBIT°g., _ J
5
November 25,2003
Consider approving a request for the abandonment of a 16'x 316.89'public utility easement on the
west side of Lots 1 and 2, east side of Lot 3, Block 2, Beaumont Medical Plaza Subdivision
i
Cit y of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Stephen C. Richardson,Planning Manager
MEETING DATE: November 25, 2003
AGENDA MEMO DATE: November 18, 2003
REQUESTED ACTION: Council consider a request for the abandonment of a 16' x 316.89'
public utility easement on the west side of Lots 1 and 2, east side of
Lot 3,Block 2, Beaumont Medical Plaza Subdivision.
RECOMMENDATION
The Administration recommends approval of a request for the abandonment of a 16'x 316.89'public
utility easement on the west side of Lots 1 and 2, east side of Lot 3, Block 2, Beaumont Medical
Plaza Subdivision subject to the moving of any utilities that are located in the easement at the
applicant's expense.
BACKGROUND
Fittz and Shipman, Inc., the applicant, is requesting the abandonment of a 16' x 316.89' general
utility easement located 241.77'west of the intersection of Medical Center Drive and Hospital Drive.
Mac Haik Development and Memorial Hermann Baptist Hospital, the property owners, are
developing a 3-story parking garage that will straddle the utility easement. This parking garage will
serve a 3-story professional office building that will be built to the east of the parking garage.
A 10'general utility easement will be dedicated along the west boundary of the site to allow for the
relocation of utilities from the easement to be abandoned.
This abandonment request was sent to all interested parties. No negative responses have been
received.
BUDGETARYIMPACT
None.
i
PREVIOUS ACTION
At a Regular Meeting held November 17, 2003, the Planning Commission voted 7:0 to approve a
request for the abandonment of a 16'x 316.89'public utility easement on the west side of Lots 1 and
2, east side of Lot 3, Block 2, Beaumont Medical Plaza Subdivision subject to the moving of any
utilities that are located in the easement at the property owner's expense.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager, Public Works Director and the Planning Manager.
i
ORDINANCE NO.
ENTITLED AN ORDINANCE ABANDONING A 16' X 316.89'
PUBLIC UTILITY EASEMENT ON THE WEST SIDE OF LOTS
1 AND 2, EAST SIDE OF LOT 3, BLOCK 2, BEAUMONT
MEDICAL PLAZA SUBDIVISION IN CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR REPEAL.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT abandonment of a 16' x 316.89' public utility easement on the west side of Lots 1
and 2, east side of Lot 3, Block 2, Beaumont Medical Plaza Subdivision in Beaumont,
Jefferson County, Texas as shown on Exhibits "A" and "B" attached hereto, be and the
same is hereby abandoned subject to the moving of any utilities that are located in the
easement at the applicant's expense. A 10' general utility easement will be dedicated
along the west boundary of the site to allow for the relocation of utilities from the easement
to be abandoned.
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
i
Section 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
November, 2003.
- Mayor Evelyn M. Lord -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
That certain 0.1105 acre tract out of Lots 1, 2 and a part of Lot 3, Block 2 of Beaumont
Medical Plaza, a plat recorded in Volume 13, Page 19 of the Map Records of Jefferson
County, Texas, also being those called Tract IV (said Lot 1) and VIIA (said Lot 2 and a
called 0.301 acre tract out of said Lot 3) tracts conveyed to Baptist Hospital of Southeast
Texas as recorded in Clerks File No. 1999038214 of the Official Public Records of Real
Property of Jefferson County, Texas, and a called 0.3026 acre tract conveyed to Baptist
Hospital of Southeast Texas as recorded in Clerks File No. 2003001044 of the Official
Public Records of Real Property of Jefferson County, Texas, said 0.1105 acres being
more particularly described by metes and bounds as follows:
Basis of Bearing is along the north right-of-way line of Medial Center Drive and the south
line of said Lot 2 having been called South 89°58'51"West 250.00 feet.
COMMENCING at a 5/8" iron rod found at the intersection of the said north right-of-way
line of Medical Center Drive and the west right-of-way line of Hospital Drive for the
southeast corner of said Lot 2;
THENCE South 89`58'51"West along the said north right-of-way line of Medical Center
Drive and the south Fine of said Lot 2 a distance of 241.77 feet (called South 89°58'51"
West) to a point for the southeast torner of the said 0.1105 acre tract and the POINT OF
BEGINNING;
THENCE South 89'58'51"West continuing along the said north right-of-way line of
Medical Center Drive and the said south line of Lot 2 a distance of 8.00 feet(called South
89 058'51"West) to a %:' iron rod found for the southwest comer of said Lot 2, the
southeast comer of said Lot 3 and the said 0.3026 acre tract, and an angle point of the
said 0.1105 acre tract
THENCE South 89°59'25"West continuing along the said north right-of-way line of
Medical Center Drive and the south line of said Lot 3 and the said 0.3026 acre tract a
distance of 8.00 feet (called South 89°58'51"West) to a point for the southwest comer of
the said 0.1105 acre tract;
THENCE along the west line of the said 0.1105 acre tract with the following courses and
distances;
North 00°03'05" East a distance of 149.85 feet;
North 00°06'32" East a distance of 53.15 feet;
North 00°03'47" East a distance of 97.90 feet to a point in the south line of a 16-
foot utility easement for the northwest comer of the said 0.1105 acre tract;
THENCE South 89°56'36" East along the said south line of the 16-foot utility easement a
distance of 8.00 feet to an angle point of the said 0.1105 aldre tract from which a %" iron
rod found for the northwest corner of said Lot 2 and the northeast comer of said Lot 3
bears North 00003'47" East 16.00 feet;
THENCE South 89°55'52" East continuing along the said 16-foot utility easement a
distance of 8.00 feet to a point for the northeast comer of the said 0.1105 acre tract;
THENCE along the east line of the said 0.1105 acre tract with the following courses and
distances;
South 00°03'47"West a distance of 97.91 feet; EXHIBIT "A"
South 00°06'32"West a distance of 53.15 feet;
South 00°03'05"West a distance of 149.83 feet to the POINT OF BEGINNING, and
containing 0.1105 acres of land, more or less.
i
FILE 659-4B: Request for the abandonment of a 16' wide public utility easement on
the west side of Lots 1 & 2,east side of Lot 3, Block 2, Beaumont Medical Plaza
Subdivision.
Applicant: Fittz and Shipman, Inc.
FOUND 1
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EXHIBIT "By)
6
November 25,2003
Consider approving a resolution accepting the bequest of$100,000 from the estate of Elizabeth
Gilbert Fortune for the operation, maintenance, continuation and/or expansion of the Tyrrell
Historical Library
i
City of Beaumont 79ij Council Agenda Item
,Wulmnownemmumm
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Maurine Gray and Lane Nichols
MEETING DATE: November 25, 2003
AGENDA MEMO DATE: November 17, 2003
REQUESTED ACTION: Resolution accepting the bequest of$100,000 from the estate of
Elizabeth Gilbert Fortune for the operation, maintenance,
continuation and/or expansion of the Tyrrell Historical Library
RECOMMENDATION
The Administration recommends adoption of a resolution accepting the bequest of$100,000 from
the estate ofElizabeth Gilbert Fortune for the operation,maintenance,continuation and/or expansion
of the Tyrrell Historical Library.
BACKGROUND
Elizabeth Gilbert Fortune,a renowned Indianapolis hostess and philanthropist,came from one of the
most prominent family names here since Spindletop. Fortune's ancestors settled Connecticut and
Texas. She was a direct descendant of Matthew Gilbert, first deputy governor of the New Haven
colony and of Josiah Pugh Wilbarger,a patriot and Stephen F.Austin's chief surveyor of Texas. Her
great-grandfather, Nathan Gilbert, purchased the first acreage for oil production here. Her
grandfather, John Nathan Gilbert, headed the Higgins Oil Company formed by Patillo Higgins.
Fortune married into more money and one of the most prominent families in Indianapolis. Her
husband, Robert Fortune, and his family invested heavily in Eli Lilly stocks,ran the Indianapolis
Telephone Company,and founded the Indianapolis Red Cross and the Chamber of Commerce. She
and her husband were prolific philanthropists, donating thousands to medical research and artistic
endeavors.
Mrs. Fortune passed away on June 9, 2002 in Indianapolis at the age of 83. She is buried in
Magnolia Cemetery in the Gilbert family plot. She left bequests to a number of people and groups
in Beaumont and in Indianapolis,including$1 million to St.Marks Episcopal Church,$1 million to
the Art Museum of Southeast Texas, and $100,000 to the Tyrrell Historical Library. Bequests
outside Beaumont include $500,000 to the Indianapolis Museum of Art, $1 million to the Indiana
University School ofMedicine,$150,000 to the Purdue University Veterinary School,and$500,000
SAANGIE'agenda kem.wpd
i
to Connecticut College. After all bequests are made, the balance of her estate will go to the
Foundation of Southeast Texas to assist with the restoration of the Gilbert Building.
BUDGETARY IMPACT
This bequest will enable the Tyrrell Historical Library to continue as an excellent historical
genealogical library with less impact on the General Fund of the City.
PREVIOUS ACTION
None
SUBSEQUENT ACTION
None
SAANGOagenda item.wpd
i
7
November 25, 2003
Consider approving a resolution endorsing the Port of Beaumont's Rail Expansion Plan and
supporting the Port's efforts to obtain funding for construction of the Rail Expansion Plan
�r...a. City of Beaumont•u• Council Agenda Item
' - K g
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: November 25, 2003
AGENDA MEMO DATE: November 20, 2003
REQUESTED ACTION: City Council approve a resolution endorsing the Port of Beaumont's
Rail Expansion Plan and supporting the Port's efforts to obtain
funding for construction of the Rail Expansion Plan.
RECOMMENDATION
Administration recommends approval of a resolution endorsing the Port of Beaumont's Rail
Expansion Plan and supporting the Port's effort to obtain funding for the Rail Expansion Plan.
BACKGROUND
The Port of Beaumont has undertaken a plan for the relocation of the Port's rail interchange yard
from the west bank of the Neches River to other Port property.The relocation of the rail interchange
yard would allow for the development of the City's downtown riverfront area for recreational,
entertainment and other commercial enterprises. This development would promote and enhance the
quality of life for the citizens of Beaumont.Additionally,the Rail Expansion Plan would provide for
the continued growth ofthe Port ofBeaumont operations and the positive economic impacts derived
therefrom.The plan would also promote port and inter-modal transportation security which is critical
in the Port's role in handling military cargo in support of national security and national defense.
BUDGETARYIMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director
i
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF BEAUMONT, TEXAS, THAT:
WHEREAS, The Port of Beaumont Navigation District of Jefferson County,
Texas has undertaken a plan for the relocation of the Port of Beaumont's rail interchange
yard from the west bank of the Neches River to other Port property adjacent to its docks
and wharves as herein referred to at the 'Tort of Beaumont Rail Expansion Plan", and,
WHEREAS, The economic development of the City's downtown riverfront area
for recreational, entertainment and other commercial enterprises designed to promote and
enhance the quality of life for the citizens of Beaumont is vital for the continued growth of
Beaumont, and
WHEREAS, The Port of Beaumont Rail Expansion Plan supports the City's
efforts to promote economic development along the Neches Riverfront in downtown
Beaumont, Texas,
and,
WHEREAS, The Port of Beaumont Rail Expansion Plan also provides for
continued growth of Port of Beaumont operations and the positive economic impacts
derived therefrom for the City of Beaumont and surrounding area, and,
WHEREAS, The Port of Beaumont Rail Expansion Plan promotes railroad and
vehicular transportation efficiency and related improvements to air quality within the City,
and,
WHEREAS, The Port of Beaumont Rail Expansion Plan promotes port and
intermodal transportation security, which is vital to the security of the Port of Beaumont
and to homeland security in the City of Beaumont and surrounding areas and which is
critical to the Port's role in handling military cargo in support of national security and
national defense, and,
WHEREAS, This City Council of the Beaumont strongly supports the Board of
Commissioners of the Port of Beaumont in its efforts to relocate the Port's rail
interchange yard, and the Port of Beaumont Rail Expansion Plan,
NOW, THEREFORE BE IT RESOLVED, the City Council of Beaumont does
hereby approve and endorse the Port of Beaumont Rail Expansion Plan and does approve
and support the Port of Beaumont in its efforts to obtain funding for and construction of
the Port of Beaumont Rail Expansion Plan, AND PROCLAIMS that this resolution shall
be made a part of the permanent record of the City of Beaumont.
PASSED BY THE CITY COUNCIL OF BEAUMONT, TEXAS,this 25th day of
November 2003.
Mayor Mayor Pro Tem
Councilmember At-large Councilmember Ward 1
Councilmember Ward 2 Councilmember Ward 3
Councilmember Ward 4
SEAL
I
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NOVEMBER 25, 2003 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
John Weitzel would be reappointed to the Small Business Revolving Loan Fund Advisory
Committee. The current term would expire October 22, 2005. (Councilmember Lulu Smith)
A) Approve the payment of Fiscal Year 2004 South East Texas Regional Planning
Commission membership dues
B) Authorize the City Manager to execute an lnterlocal Contract Relating to the Planning,
Development, Operation, and Provision of 9-1-1 Service and the use of 9-1-1 funds
between the South East Texas Regional Planning Commission and the City of Beaumont
C) Authorize the granting of a Pipeline License Agreement to ExxonMobil Oil Corporation
to cross Sycamore Street
D) Authorize the City Manager to execute all documents necessary to accept the project
titled"FY2004 Step Wave"
E) Approve the settlement of a claim
F) Approve the settlement of a claim
I
A
City of Beaumont
Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Andrea S. Deaton, Budget Officer
MEETING DATE: November 25, 2003
AGENDA MEMO DATE: November 19, 2003
REQUESTED ACTION: Consider authorizing the payment of Fiscal Year 2004 South East
Texas Regional Planning Commission membership dues in the
amount of$29,280.19.
RECOMMENDATION
The Administration recommends approval of the payment of$29,280.19 for membership dues to the
South East Texas Regional Planning Commission.
BACKGROUND
The City of Beaumont and other governmental entities in Southeast Texas pay membership dues
to the South East Texas Regional Planning Commission(SETRPC)on an annual basis to help fund
their operations as well as programs in the areas of Criminal Justice,Area Agency on Aging,Foster
Grandparents, Retired Senior Volunteers and a Homeless Coalition.
BUDGETARY IMPACT
Funds are budgeted and available in the FY 2004 General Fund budget.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY: City Manager and Finance Officer
I
South East Texas Regional Planning Commission
2210 Eastex Freeway
Beaumont, Texas 77703-4929
(409)899-8444
October 20, 2003
INVOICE
City of Beaumont
P. O. Box 3827
Beaumont, Texas 77704
FY 2,004 SETRPC MEMBERSHIP JIVES
SETRPC DUE`S $ 5,693.30
Criminal 7ustio-e'Pr`dgr� ` 1874.34
AAA Program 5,451.51
Homeless Coalition 8,298 56
FGP Program 2,661.28
RSVP Program 4.301.20
Total Invoice $29,280.19
THANK YOU
PLEASE RETURN YELLOW COPY WITH PAYMENT
i
Cit y of Beaumont
~ Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED: Tom Scofield, Chief of Police
MEETING DATE: November 25, 2003
AGENDA MEMO DATE: November 18, 2003
REQUESTED ACTION: Consider a Resolution authorizing the City Manager to
execute an Interlocal Contract Relating to the Planning, Development, Operation, and Provision
of 9-1-1 Service and the use of 9-1-1 funds between the South East Texas Regional Planning
Commission and the City of Beaumont.
RECOMMENDATION
Administration recommends authorizing the City Manager to execute an Interlocal Contract related
to the planning, development, operation and provision of 9-1-1 service and use of 9-1-1 funds.
BACKGROUND
The Contract was developed in cooperation with Legal Counsel and the Commission on State
Emergency Communications (CSEC) and meets the State of Texas requirements of program and
system accountability regarding the 9-1-1 program. In addition,the Contract outlines the roles and
responsibilities of the South East Texas Regional Planning Commission (SETPRC) and Local
Governments in the provision of 9-1-1 Service.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
This contract supercedes the previous "Interlocal Contract for Public Safety Answering Point
Maintenance,Equipment Upgrade,and Training"entered into by the City ofBeaumont and SETRPC.
SUBSEQUENT ACTION
None.
i
RECOMMENDED BY
City Manager and Chief of Police.
RECOMMENDED MOTION
Accept/Deny the Resolution authorizing the City Manager to execute Interlocal Contract related to
the Planning,Development, Operation and Provision of 9-1-1 Service and the Use of 9-1-1 Funds..
I
Emergency Communications
ID
South East Texas November 12, 2003
Regional Planning Commission
Capt. Melissa Ownby
Communication Supervisor
Beaumont Police Department
P. O. Box 3827
Beaumont, TX 77701
Dear Capt. Ownby:
Enclosed is an"Interlocal Contract Relating to the Planning, Development, Operation and
Provision of 9-1-1 Service and the Use of 9-1-1 Funds." The Contract was developed in
cooperation with Legal Counsel and the Commission on State Emergency Communications
(CSEC) and meets the State of Texas requirements of program and system accountability
regarding the 9-1-1 program. In addition, the Contract outlines the roles and responsibilities of
the South East Texas Regional Planning Commission(SETRPC) and Local Governments in the
provision of 9-1-1 service. This Contract supercedes the previous "Interlocal Contract for Public
Safety Answering Point Maintenance, Equipment Upgrade, and Training" entered into by your
agency and the SETRPC.
The only substantive change in this Contract is Section 3.7 which states that SETRPC will
provide 9-1-1 funds to a Public Agency on a reimbursement basis. While these Contracts
generally renew annually, as stated in Section 4.1, SETRPC felt it necessary to execute a new
Contract based on legislative requirements and CSEC rules.
Two (2) originals of the Contract are enclosed for review and adoption by the City Council.
Please return both of the signed Contracts to Gina LaRocca, 9-1-1 Operations Manager, 2210
Eastex Freeway, Beaumont, Texas 77703. Upon adoption by SETRPC, a fully executed original
will be returned to you for your files.
Should you have any questions,please contact me or Gina LaRocca at (409) 724-1911.
Sincerely,
Pete De La Cruz, Director
9-1-1 Emergency Communi ions
PD/gl
Enclosure
2210 Eastex Freeway ■ Beaumont, Texas 77703 ■ (409) 724-19 1 1 ■ Fax (409) 347-1953
I
SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION
9-1-1 EMERGENCY COMMUNICATIONS
INTERLOCAL CONTRACT RELATING TO THE
PLANNING, DEVELOPMENT, OPERATION AND PROVISION
OF 9-1-1 SERVICE AND THE USE OF 9-1-1 FUNDS
This Contract is entered into between the
South East Texas Regional Planning Commission
and the
City of Beaumont , Texas
I
South East Texas Regional Planning Commission
INTERLOCAL CONTRACT FOR
PLANNING,DEVELOPMENT, OPERATION AND PROVISION
OF 9-1-1 SERVICE AND USE OF 9-1-1 FUNDS
Parties and Purpose
1.1 The South East Texas Regional Planning Commission(SETRPC) is a
regional planning commission and political subdivision of the State of Texas organized
and operating under the Texas Regional Planning Act of 1965, as amended, Chapter 391
of the Local Government Code. SETPRC has developed a Strategic Plan for the
administration and operation of 9-1-1 emergency telephone service which has been
approved by the Commission on State Emergency Communications (CSEC).
1.2 The City of Bea mont (Public Agency) is a
Texas municipality that operates one or more Public Safety Answering Points(PSAP)
that assist in implementing the Strategic Plan as authorized by Chapter 771 of the Health
and Safety Code.
1.3 This contract is entered into between SETRPC and Public Agency under
Chapter 791 of the Government Code. This contract relates to the planning,
development, operation and provision of 9-1-1 service,the use of 9-1-1 funds and
adherence to applicable law.
Goods and Services
2.1 Public Agency agrees to:
(1) cooperate with SETRPC in acquiring and installing necessary
equipment for the 9-1-1 system;
(2) comply with applicable provisions of the Uniform Grant
Management Standards, as established by the Governor's Gffice of Budget and Planning,
under the authority of Chapter 783 of the Texas Government Code.
(3) Public Agency agrees to comply with the-Uniform Grant
Management Standards, applicable law, and SETRPC policies, as outlined in Section 3 of
this contract, related to ownership,transfer of ownership, and/or control of equipment
acquired with 9-1-1 funds in connection with providing 9-1-1 service;
(4) abide by all rules,regulations,performance training standards, etc.
adopted by SETRPC and CSEC or its successor agency;
(5) purchase supplies such as printer paper,printer ribbons, cleaning
materials, etc. necessary for the continuous operation of PSAP(s);
2
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(6) secure the premises of PSAP(s) against unauthorized entrance and
protect the 9-1-1 equipment from unauthorized use;
(7) practice preventive maintenance for the 9-1-1 equipment, including
at a minimum, testing emergency power generators periodically, and ensuring that all
equipment is working properly;
(8) participate in emergency communications training for call-
takers/dispatchers as scheduled and provided by SETRPC;
(9) complete such reports and other documentation as may be
reasonably required by CSEC,the PSAPs, SETRPC, or the service provider.
E 9-1-1 Equipment Purchasing and Leasing
3.1 (a) SETRPC hereby agrees to provide services and equipment,
whether purchased or leased, for Public Agency including all non-recurring and monthly
recurring charges for equipment and network charges as approved by the CSEC.
SETRPC also agrees to provide for repairs,updates to and replacement of equipment as
deemed necessary by SETRPC and as approved by the CSEC.
(b) All leased equipment remains the sole property of the lessor.
3.2 Except as noted in paragraph 3.6, SETRPC owns all 9-1-1 equipment
purchased on behalf of Public Agency with emergency service fees. Public Agency is
licensed to use the 9-1-1 equipment in providing enhanced 9-1-1 emergency telephone
services.
3.3 Public Agency agrees to notify SETRPC in writing before encumbering,
transferring, or otherwise disposing of the 9-1-1 equipment. In addition, Public Agency
and PSAP(s) shall reimburse SETRPC and/or the CSEC, as applicable,for damage to
9-1-1 equipment caused by intentional misconduct, abuse,misuse,or negligence by
PSAP employees,normal wear and tear or ordinary day to day use of equipment
excepted. Further, upon the installation of any additional equipment or software by
SETRPC,Public Agency agrees to comply with the provisions of Exhibit"A"attached
hereto and incorporated herein as referenced.
14 Public Agency acknowledges that SETRPC representatives will visit
Public Agency on a regular basis to monitor functionality and use of all equipment
associated with 9-1-1 call handling and processing and on an annual basis to conduct a
physical inventory of all said equipment.
3.5 Paragraphs 3.1, 3.2 and 3.3 survive the expiration or early termination of
this contract and continue in effect so long as Public Agency uses the 9-1-1 equipment.
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3.6 When 9-1-1 equipment is purchased with a combination of monies from
Public Agency and emergency service fees, SETRPC may elect to transfer ownership of
said equipment to Public Agency. SETRPC will provide Public Agency with a
"Certification of Purchase by City/County/Agency Transfer of Ownership"document
outlining the responsibilities of Public Agency. Those responsibilities include,but are
not limited to, maintenance of equipment and ensuring equipment is fully functional at all
times. Additionally, Public Agency shall provide adequate insurance policies on said
equipment to provide for replacement of equipment in cases of loss where applicable.
3.7 SETRPC will provide 9-1-1 funds to Public Agency and/or PSAP(s)on a
reimbursement basis using a monitoring process that provides assurances that the
reimbursement requests from the Public Agency and/or PSAP(s) are complete, accurate
and appropriate.
Effective Date and Term of Contract
4.1 The term of this contract shall be one(1) year, effective on
, and shall continue from year to year thereafter unless any party
involved gives sixty(60) days written notice to the other.
Independent Contractor
5.1 Public Agency is not an employee or agent of SETRPC,but furnishes
services under this contract solely as an independent contractor.
Assignment and Subcontracting
6.1 Public Agency may not assign its rights or subcontract its duties under this
contract without the prior written consent of SETRPC. An attempted assignment or
subcontract in violation of this paragraph is void.
6.2 If SETRPC consents to subcontracting, each subcontract is subject to all of
the terms and conditions of this contract, and Public Agency agrees to furnish a copy of
this contract to each of its subcontractors.
Records
7.1 Public Agency agrees to assist SETRPC,where applicable,in maintaining
a current inventory of all 9-1-1 equipment, consistent with the Uniform Grant
Management Standards and applicable federal and state law.
7.2 Public Agency and PSAP(s) agree to comply with SETRPC requirements
for documenting and reporting 9-1-1 data base errors and ANVALI problems.
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7.3 Public Agency and PSAP(s) agree to maintain, consistent with Uniform
Grant Management Standards and applicable federal and state law, adequate fiscal
records and supporting documentation for all 9-1-1 funds distributed to Public Agency
and PSAP(s) and all 9-1-1 funds spent by such Public Agency and PSAP(s) for 9-1-1
service, with specific detail for 9-1-1 funds received or spent relating to addressing or
addressing data base maintenance activities.
7.4 Subject to the additional requirement of paragraph 7.5, Public Agency
agrees to preserve records, at a minimum, for three years.
7.5 If an audit of or information in the records is disputed or the subject of
litigation, Public Agency agrees to preserve the records until the dispute or litigation is
finally concluded, regardless of the expiration or early termination of this contract.
7.6 SETRPC is entitled to inspect and copy, during normal business hours at
Public Agency's offices where they are maintained,the records maintained under this
contract for as long as they are preserved.
7.7 SETRPC is also entitled to visit Public Agency's offices, talk to its
personnel,monitor and inventory equipment, and audit its records, all during normal
business hours,to assist in evaluating its performance under this contract.
7.8 CSEC, the Texas State Auditor, and/or their duly authorized
representatives, shall have access to and the right to examine all books, accounts,records,
files, and/or other papers, or property pertaining to the 9-1-1 service,belonging to or in
use by the Public Agency,PSAP(s), or by any other entity that has performed or will
perform addressing or addressing data base maintenance activities.
Nondiscrimination and Equal Opportunity
8.1 Public Agency shall not exclude anyone from participating under this
contract, deny anyone benefits under this contract,or otherwise unlawfully discriminate
against anyone in carrying out this contract because of race, color, religion, sex, age,
disability,handicap, or national origin. -
Dispute Resolution
9.1 The parties desire to resolve disputes arising under this contract without
litigation. Accordingly, if a dispute arises,the parties agree to attempt in good faith to
resolve the dispute between themselves. To this end,the parties agree not to sue one
another, except to enforce compliance with paragraphs 9.1-9.2,until they have exhausted
the procedures set out in these paragraphs.
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9.2 At the written request of either party, each party shall appoint one
nonlawyer representative to negotiate informally and in good faith to resolve any dispute
arising under this contract. The representatives appointed shall determine the location,
format, frequency, and duration of the negotiations.
9.3 If the representatives cannot resolve the dispute within 30 calendar days
after the first negotiation meeting, the parties agree to refer the dispute to the Dispute
Resolution Center of Jefferson County for mediation in accordance with the Center's
mediation procedures by a single mediator assigned by the Center. Each party shall pay
half the cost of the Center's mediation services.
9.4 The parties agree to continue performing their duties under this contract,
which are unaffected by the dispute, during the negotiation and mediation process.
Suspension for Unavailability of Funds; Withholding,Decrease
or Reimbursement of Funds Due to Non-compliance
10.1 Public Agency acknowledges that SETRPC's sole source of funding
for this contract is 9-1-1 emergency service fees. If fees sufficient to administer the
program are not appropriated by the Texas Legislature and received by SETRPC,
SETRPC may suspend administration of the program and training responsibilities under
this contract by giving Public Agency notice thereof.
10.2 Public Agency acknowledges that SETRPC may withhold, decrease or
seek reimbursement of 9-1-1 funds in the event such funds are or were used in non-
compliance with applicable federal or state law. Further,Public Agency and PSAP(s)
shall return or reimburse SETRPC and/or CSEC, as applicable, any 9-1-1 funds used in
non-compliance with applicable law. Such return or reimbursement of 9-1-1 funds to
SETRPC and/or the CSEC, as applicable, shall be made by the Public Agency or
PSAP(s)within sixty(60) days after demand by SETRPC, unless an alternative
repayment plan is approved by SETRPC and CSEC.
Termination for Convenience
11.1 Either party may terminate this contract in its entirety for convenience by
giving the other notice of intent to terminate. After the notice is received,the parties
shall negotiate in good faith the terms and effective date of the termination. In any event,
however, this contract terminates 60 calendar days after a party receives the notice of
termination.
Notice to Parties
12.1 Notice to be effective under this contract must be in writing and received
by the party against whom it is to operate. Notice is received by a party; (1)when it is
delivered to the party personally; (2)when a party receives a facsimile of the notice, as
confirmed by the sender's facsimile machine; (3) on the date shown on the return receipt
6
if mailed by registered or certified mail, return receipt requested, to the party's address
specified in paragraph 12.2 and signed on behalf of the party; or(4)three business days
after its deposit in the United States mail, with first-class postage affixed, addressed to
the party's address specified in paragraph 12.2.
12.2 SETPRC's address is 2210 Eastex Freeway, Beaumont, Texas 77703
Attention: 9-1-1 Director. SETRPC's telephone number is (409) 724-1911, and its
facsimile number is (409) 347-1953. Public Agency's address is 255 College
Beaumont, T% 77704
Attention: Capt. Melissa Ownby Public Agency's telephone number is
409-880-3881 , and its facsimile number is 409-880-1010
12.3 Public Agency agrees to notify SETRPC of a change of address or contact
information by providing notice of the change in accordance with paragraph 12.1.
Further Agreements; Miscellaneous
13.1 By their respective signatures below, SETRPC, Public Agency, and
PSAP(s) , as applicable, commit to continue addressing and addressing data base
maintenance activities in accordance with the SETRPC Regional Plan developed and
approved in accordance with Texas Health&Safety Code, Section 771.055, as amended,
as a condition of the receipt of 9-1-1 funds as prescribed by the SETRPC Strategic Plan
to establish and maintain 9-1-1 emergency service.
13.2 Each individual signing this contract on behalf of a party warrants that he
or she is legally authorized to do so and that such party is legally authorized to perform
the obligations undertaken.
13.3 This contract states the entire agreement of the parties, and an amendment
to this contract is not effective unless in writing and signed by all parties.
13.4 The following Attachments are part of this contract:
Attachment 1 ANVALI Problem Report
13.5 This contract is binding on and inures to the benefit of the parties'
successors in interest.
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13.6 This contract is executed in duplicate originals.
CITY OF SOUTH EAST TEXAS REGIONAL
PLANNING COMMISSION
By By
Chester R. Jourdan, Jr.
Name: Executive Director
Title: Date:
Attest:
City Clerk
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EXHIBIT A
PSAP RULES REGARDING 9-1-1 EQUIPMENT
1. Only the designated Dispatch Supervisor or other designated supervisor is to have the
administrative password or security code for the 9-1-1 computer equipment.
2. No unauthorized software is to be loaded onto the 9-1-1 system.
3. No unauthorized personnel are to service or repair the 9-1-1 system components.
4. No unauthorized personnel are to use the 9-1-1 system.
5. PSAP personnel are responsible for reporting any hardware or software problems to
the appropriate service provider and/or SETRPC within a reasonable period from the
time the problem is first detected.
6. Public Agency and PSAP(s) shall be liable for expenses incurred by the SETRPC in
repairing or replacing software or hardware that must be replaced due to abuse or
negligence or as a direct result of any violation of the rules stated herein.
7. Public Agency and PSAP(s)will not be held monetarily liable for costs incurred for
items that are covered by warranty, or if they are the result of an incident over which
they have no control(i.e. lightning,water as a result of flooding,power failure,etc.)
8. The PSAP agency will operate a 24-hour dispatch service at the PSAP site in order to-
assure quality and to continue to operate as a PSAP.
9. Failure to abide by these rules may result in the SETRPC terminating this agreement
and not placing a PSAP at that location.
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ATTACHMENT 1
S00h East Texas 9-1 -1 D �
9'-' �� ANI/ALI Problem Report [11p,(4,
Fax#(409 7-1963
PSAP CALL-TAKER NAME
i
Date: ANI ESN:
TIME: ANI FLASHING ! ANI STEADY
i
DISPLAYED NAME:
i
DISPLAYED ADDRESS:
DISPLAYED COMMUNITY:
WIRELESS CALL BACK NUMBER:
WIRELESS SERVICE PROVIDER(WSP):
PHONE TYPE i
(CIRCLE ONE) BUSN RESD WIRELESS COIN CTX PBX OTHER
RECORD i INCORRECT :----i INFORMATION _...;FOREIGN
NOT FOUND ' ADDRESS -- I ERROR 'EXCHANGE
MISROUTE,
- 'SEND TO:
`ESN INCORRECT-CHANGE TO:
POLICE:
FIRE:
CORRECT INFORMATION FROM CALLER(WIRELINE OR WIRELESS:
NAME: TELEPHONE NUMBER:
ADDRESS: COMMUNITY:
j LOCATION OF WIRELESS CALLER:
REMARKS
SETRPC 9-1-1 USE
DATE ENTERED: PROBLEMS:
LOG ID#: DATE RESOLVED:
10
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C
P Pot City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Joris P. Colbert, City Engineer
MEETING DATE: November 25, 2003
AGENDA MEMO DATE: November 13, 2003
REQUESTED ACTION: Council consider a resolution authorizing the granting of a Pipeline
License Agreement to ExxonMobil Oil Corporation to cross
Sycamore Street.
RECOMMENDATION
ExxonMobil Oil Corporation has requested permission to install two (2) - sixteen (16) inch
pipelines approximately 95.1 feet across Sycamore Street. The pipelines are for the purpose of
transporting natural gas and will be constructed in accordance with City requirements.
Administration recommends authorization to grant a Pipeline License Agreement.
BACKGROUND
None.
BUDGETARY IMPACT
There is a one-time fee of$500 for the Pipeline License Agreement and an annual fee of$190,
which represents$2.00 per linear foot of pipeline crossing the 95.1 foot right-of-way of Sycamore
Street.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY:
City Manager, Public Works Director and City Engineer.
Engexxon-mobiljipeline-ib.wpd
November 13,2003
JEFFERSON COUNTY, TEXAS
DAVID BROWN LEAGUE, A-5
<� ORE STREET _
PROPOSE 2-16" PIPELINES EDGE.
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PROPOSED
2 - 16" PIPELINES
CROSSING SYCAMORE STREET
CITY OF BEAUMONT
APPLICATION FOR
PIPELINE LICENSE AGREEMENT
THE STATE OF TEXAS:
COUNTY OF JEFFERSON:
Business Name: ExxonMobil Oil Corporation Business Phone: }
Business Address: P. 0. Box 3311 Beaumont TX 77705
The City of Beaumont, hereinafter called "City", for and in consideration of the sum
specified herein
hereby grants to
ExxonMobil Oil Corporation
hereinafter called "Licensee", the license
td'lay;`ihaintaiii!operate replace;'or remove a pipeline for the transportation of oil, gas, water,
or their products, on or across the following streets, alleys and easements or other right-of-way
situated in The City of Beaumont, Jefferson County, Texas, to-wit:
Street Name or R.O.W Description Length (Linear Feet)
-Sycamore Street 95.1
1
COST OF LICENSE:
Licensee shall make payment to the City of Beaumont as follows:
o License Agreement fee - $500.00
o Annual fee of$2.00 per linear foot of pipeline located within the City right-
of-way. Said fee shall be reset on January 31, 2001 and shall be reset
every ten (10) years, thereafter, to a level to be determined by the City
Council or their delegated representative.
o Street Cut and Barricading Permit to work in the City right-of-way:
$10.00 for permit, plus $5.00 per day for each location.
All fees, including the first annual fee for linear foot usage and Street Cut and
Barricading Permit shall be made to the Engineering Division and payable to the
City of Beaumont prior to construction.
This license is granted by the City of Beaumont subject to conditions. Failure to comply with the
following may result in termination of agreement (see page 8).
GENERAL CONDITIONS:
o Licensee does not intent 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
street rental fee and the regulations controlling the payment of such fee will
be those as lawfully established by the ordinances of the City.
o All pipelines crossing public rights-of-way shall be bored from right-of-way
line to right-of-way line. Within these limits, the pipeline shall be
protected by casing or other method approved by the City and/or the Texas
Department of Transportation.
o The pipeline shall be constructed in such a manner as approved by the City
and/or the Texas Department of Transportation so as it does not interfere
with the use of the public streets and alleys.
2
o The pipeline shall be installed a minimum of five (S) feet below the lowest
existing or proposed ditch grades, waterlines, sanitary sewer lines or storm
drainage lines, unless otherwise authorized by the City and/or Texas
Department of Transportation. Such grades and lines shall be indicated on
map submittal, as well as depth of proposed pipeline (see page 4).
The construction and operation of the pipeline shall not interfere with the
natural drainage in that area nor with the drainage system of the City, nor
with sanitary sewer lines, waterlines, or other utilities.
Damage to existing ditch grade during construction or maintenance of the
pipeline shall be corrected and the ditch grade shall be restored to the
condition and grade at which it existed prior to construction or
maintenance. Bore pits shall be backfilled according to City standards.
o Excavations necessary for the construction, repair, or maintenance of the
pipeline shall be performed in such a manner that will cause minimal
inconvenience to the public. Licensee shall promptly restore the area to as
good a condition as before working thereon and to the reasonable
satisfaction of the City's Engineering Division and/or the Texas
Department of Transportation.
o Operations along roadways shall be performed in such a manner that all
excavated materials will be kept off the pavements at all times, as well as
- - - - -- _211-operating:equipment and materials. All property where operations are
performed will be restored to original condition or better. No equipment
or installation procedures will be used which will damage any road surface
°or-structures.•The,cost of any repairs to road surface, roadbed, structures
or other right-of-way features as a result of this installation will be borne
by the owner of this line.
o Barricades, warning signs and lights, and flagpersons shall be provided,by
the contractor or owner when necessary. Only under extreme
circumstances, as deemed necessary by the City Engineer, will open cutting
of a street or roadway be allowed. All barricading must be by permit and
approved by the City (Public Works Department) in advance.
o Any construction which takes place in, on, under, above, or across
property not owned by the City shall require additional permission by the
owner(s) of the property involved. Approval of this license agreement
excludes permission to do any construction on property which is not owned
by the City of Beaumont.
3
o Any licenses, permits or agreements required by another government 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 government entity, then documentation
- regarding such will be provided to the City of Beaumont.
o Licensee shall provide copies of all necessary agreements to be obtained
from other City Departments.
o Licensee shall be responsible for acquiring all agreements necessary for the
lawful use of any private property.
o A map showing the location of the proposed pipeline shall be provided.
(1"=2,000' City of Beaumont map or United States Geological Survey
Map)
o The pipeline shall be maintained and operated in such a manner as not to
leak and/or cause damage to any City streets, alley, easements or other
property. Once the pipeline is in operation, any damage that occurs to the
pipeline which results in exposure or release of product must be reported
immediately to the City Fire Department and Public Work's
Department. Licensee shall fully cooperate with the Fire Department and
provide, or assist with providing, any and all necessary notifications,
evacuations or other necessary actions. Leaks or other defects are to be
repaired immediately by Licensee at it's own cost.
o The Licensee shall be responsible for any and all costs associated with the
relocation of the pipeline. As provided, the necessity for relocation of the
pipeline shall be solely within the discretion of City and/or the Texas
Department of Transportation.
o Permits which allow lines to be maintained or constructed in City right-of-
way shall be obtained by Licensee or it's contractor prior to beginning
maintenance or construction. The fee for such permits is in addition to this
License Agreement fee. (see Cost of License)
- -- o Installation will be done in accordance with all City standards and statutes
of the State of Texas.
4
REQUIRED COVERAGE:
o Licensee shall furnish the City with a Certificate of Standard Liability
Insurance, including bodily injuries and property damage, naming the City
of Beaumont as an Additional Insured. Such policy shall provide for the .
following minimum coverage:
o Bodily injuries: $ 300,000.00 per person
$1,000,000.00 per incident
o Property Damage: $1,000,000.00
Such insurance shall be maintained in force and effect during the
construction or required maintenance of the pipeline and during the life of
the pipeline.
Such certificate shall contain a provision that at least fifteen (15) days
written notice must be given to the City prior to cancellation, alteration, or
modification of such insurance.
o- Licensee shall have in force with the City a surety bond in the principal
amount of $100,000.00. 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 be good and in effect for a period of one
(1)year from the date of completion of construction of the pipeline.
o Licensee shall indemnify, save and hold harmless The City of Beaumont
from any and all claims for injuries and damages to persons or property
occasioned by or arising out of the construction, maintenance, operation,
repair or removal of the pipeline. This indemnity expressly extends to
claims alleging negligence by the City of Beaumont, it's agents, officers or
employees, arising from actions taken or occurrences under this license
agreement.
o If the pipeline or any part thereof installed by Licensee shall be in any
respect damaged or injured by City or any of its agents or employees in
connection with the performance of any work or repairs that may be done
upon the streets, alleys, or easements mentioned herein.
5
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Licensee shall not be entitled to prosecute or maintain a claim against The
City of Beaumont for any such damage or injuries so sustained by it;
however, said conditions shall not prevent Licensee from recovering
against any contractor who shall damage Licensee's property in the course
of such contractor's performance of any contract with the City.
OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.
o City will use it's best efforts to notify Licensee of any proposed
construction and/or maintenance, to be done by City forces or by contract
for the City, within the R.O.W. involved with this license.
Notification, to Licensee, of other construction and/or maintenance
permitted by the City and within the R.O.W. involved with this license will
be the responsibility of the company obtaining said permit.
Licensee shall mark the location of its lines within forty-eight (48) hours
after receipt of such notification of proposed construction.
Licensee shall maintain a local, or toll free, telephone number to be called
for notification of construction or maintenance and for location of lines.
Such number, or changes 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 located.
o City reserves the right to lay, and to permit to be laid, sewer, gas, water
and other pipes and cables, and to do or permit to be done any underground
work that may be deemed to be necessary or proper by City in, across,
along, or under any of the streets, alleys and easements, and to change any
curb or sidewalk or the grade of any said streets. In doing or permitting
any such work, the City of Beaumont shall not be liable to Licensee for any
damage occasioned; it being understood that nothing herein shall be
construed as foreclosing Licensee's rights to recover damages against any
contractor or third party who may be responsible for damages to Licensee's
facilities.
6
o Whenever by reason of the change in the grade of any street occupied by
Licensee's 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
License 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.
NOTIFICATION/INSPECTION:
- _ o Any and all work to-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
r �� ensure,compliance with construction standards.
o Licensee shall provide the City (Public Works Department - Engineering
Division) twenty-four (24) hours prior to the installation of the lines
permitted by this license. Licensee shall also notify the City twenty-four
(24) hours prior to any street or R.O.W. crossing. A representative will
be scheduled to be present. The expense of such inspection services may
be billed to the Licensee and such amounts will be reimbursed to the City.
o 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.
7
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SPECIAL CONDITIONS:
Nonassignable
This license is personal to the Licensee. It is nonassignable and any attempt to assign this li cense
will terminate the license privileges granted to Licensee hereunder.
Termination
This agreement is subject to termination by the City if any condition specified herein is not met.
This agreement may also be terminated by the Licensee. Either party attempting to terminate this
agreement shall give written notice to the other specifying the date of, and the reason for,
termination. Such notice shall be given not less than thirty (30) days prior to the termination date
therein specified. Any written notice may be effected either by personal delivery or by registered
or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed
to the addresses of the parties as follows:
City of Beaumont Name of Licensee: ExxonMobil oil corporation
P.O. Box 3827
-Beaumont, Texas 77704 Address of Licensee: P. 0. Box 3311
— ---Attn: City Manager City and State of Licensee: Beaumont. Tx 77704
Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable
to the City Engineer. In the event of cancellation, any and all monies collected for fees associated
with this agreement will remain the property of the City. There will be no reimbursements.
8
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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
By:
Kyle Hayes, City Manager
ATTEST:
City Clerk
APPLICANT'S COMPANY NAME:
(Licensee)
ExxonMobil Oil Corporation
Represented by:
L�,�—I 1,1:�. I
Attorney-in-Fact
Title
ATTEST:
By:
Secretary
DRWIPELINE Revised 2-03-2000
9
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City of Beaumont
a ON Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED: Tom Scofield, Chief of Police
MEETING DATE: November 25, 2003
AGENDA MEMO DATE: November 19, 2003
REQUESTED ACTION: Consider a Resolution authorizing the City Manager to
execute all documents necessary to accept the project titled
"FY2004 Step Wave".
RECOMMENDATION
Administration recommends authorizing City Manager to execute all documents necessary to accept
the project titled"FY2004 Step Wave".
BACKGROUND
In January, 1999, the City Council passed a resolution authorizing the city to apply for matching
funds for a traffic safety"Safe and Sober S. T. E. P." grant project. The Police Department has
successfully applied for and the City Council approved several traffic safety grants since that one.
This grant application will provide funding for a"FY2004 S. T. E. P. Wave" grant program. The
grant would be in the amount of twelve thousand, four hundred ninety three dollars ($12,493.00)
from the Texas Department of Transportation without a requirement of any city"match"funding.
BUDGETARY IMPACT
City would receive grant funding in a total amount of twelve thousand, four hundred ninety three
dollars, ($12,493.00) with no required city match funding.
PREVIOUS ACTION
The City has participated in"S. T. E. P."traffic enforcement grants in prior years.
SUBSEQUENT ACTION
None
� I
RECOMMENDED BY
City Manager and Chief of Police
RECOMMENDED MOTION
Accept/Deny the Resolution authorizing the City Manager to execute all documents necessary to
accept the project titled"FY2004 Step Wave".
� I
Nov 18 03 09: 55a Beaumont Police Rdmin (409)880-3844 p. 2
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
WHEREAS, the City of Beaumont has been notified by the Texas Department of
Transportation that it is eligible to receive funding to assist in highway safety enforcement;and,
WHEREAS,the City of Beaumont recognizes that the safety and security of the motoring
public is of paramount concern to the City;and
SAS, the City of Beaumont strives to enhance the safety of the motoring public;
and,
WHEREAS, ,grant funding through the Texas Department of Transportation would
assist in enhancing the safety of the motoring public and reducing motor vehicle crashes which
often result in loss of life or personal injury,and
WHEREAS,traffic safety enforcement and encouragement of safe driving habits is a
significant goal of the Beaumont Police Department,and
WHEREAS, the City of Beaumont has been notified by the Texas Department of
Transportation that it is eligible fnr federal reimbursement funding in an amount not to exceed
Twelve Thousand Four Hundred and Ninety-Three($ I2,493)Dollars pursuant to the projects
titled"FY04 S.T.E.P. Waves".
WHEREAS,the City of Beaumont has agreed to contribute One Thousand Six Hundred
and Fifty-Eight dollars as their portion of the costs for the projects titles"FY04 S.T.E.P. Waves"
which are Thanksgiving 2003 holiday,Child Passenger Safety Week 2004, Memorial Day 2004
holiday, and Labor Day 2004 holiday.
NOW THEREFORE BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager of the City of Beaumont, be, and is hereby, authorized to execute all
documents necessary to accept the project"FY04 S.T.E.P. Waves"and take such action as
necessary to implement the project which occurs between November I e 2004 and September
=d 2004;and,
Nov 18 03 09: 55a Beaumont Police Rdmin (409) 880-3844 p. 3
Accept and disburse the federal reimbursement grant funding in the amount not to exceed
Twelve Thousand four Hundred and NmetyUhree($12,493)Dollars;and,
Take such other actions and execute such documents as may be necessary and appropriate
to implement the purpose and objectives of the"FY04 S.T.ER Waves"project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the_day of
2003
� I
E
City of Beaumont
•r• Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Matt Martin, Liability Administrator
MEETING DATE: November 25, 2003
AGENDA MEMO DATE: November 20, 2003
REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of
Maurice Gardner.
RECOMMENDATION
Council approval of a resolution authorizing the settlement of the claim of Maurice Gardner.
BACKGROUND
Council authorized the settlement of this claim in Executive Session November 18, 2003.
BUDGETARY IMPACT
There are sufficient funds in the Liability Trust Fund to pay the settlement amount of$22,000 to
Maurice Gardner and Loncar&Associates.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and City Attorney.
SAGENDAIAGENDA ITEM MEMOSIGARDNER-11-25-03.wpd
City of Beaumont
r• Council Agenda Item
ML
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Matt Martin, Liability Administrator
MEETING DATE: November 25, 2003
AGENDA MEMO DATE: November 20, 2003
REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of
Michael Harris.
RECOMMENDATION
Council approval of a resolution authorizing the settlement of the claim of Michael Harris.
BACKGROUND
Council authorized the settlement of this claim in Executive Session November 18, 2003.
BUDGETARYIMPACT
There are sufficient funds in the Liability Trust Fund to pay the settlement amount of$12,500 to
Michael Harris and Loncar&Associates.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and City Attorney.
SAGENDAVAGENDA ITEM MEMOSWARRIS-11-25-03.wpd