HomeMy WebLinkAboutPACKET AUG 12 2008 RICH WITH OPPORTUNITY
1
T - E - X - A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS AUGUST 12,2008 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Authorize the City Manager to accept money for a regional Companion Animal
Evacuation Project through the FY 2008 Nelda C. and H. J. Lutcher Stark Foundation
grant program
B) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary
sewer improvements in the Barrington Heights VIII subdivision
C) Adopt a resolution supporting the completion of Interstate 10 to the Texas State Line
D) Authorize the granting of a Pipeline License Agreement to cross Sulphur Drive and
Highland Avenue rights-of-way
A
RICH WITH OPPORTUNITY
1
T • R • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Frank C. Coffin, Jr., Chief of Police
MEETING DATE: August 12, 2008
REQUESTED ACTION: Council consider authorizing the City Manager to accept
$64,000 for a regional Companion Animal Evacuation
Project through the FY 2008 Nelda C. and H. J. Lutcher
Stark Foundation grant program.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
44% of Hurricane Katrina victims who refused to evacuate cited the welfare of their pets as the
pivotal factor influencing their decision to stay. In a subsequent national survey, 47% of
Americans stated they would refuse rescue assistance if it meant leaving without their family pet.
("Nearly Half of Americans Won't Flee Without Fido", American Humane, October 15, 2007).
This creates a significant danger to the pet-owners who stay behind, hampers human evacuation
and rescue efforts, and endangers First Responders who have to retrieve and care for the animals
after the disaster. It is in the best interest of all concerned for residents to evacuate and to take
their pets with them. In order to maximize safety of evacuees, pets, and first responders, the
Nelda C. and H. J. Lutcher Stark Foundation offered grant funding to eligible government
entities. On behalf of the Southeast Texas Regional Planning Commission and regional
Emergency Management officials, the City of Beaumont requested $15,000 for a pet evacuation
public education campaign. For years, people were told pets were not allowed if evacuating on
public transportation. The animals certainly were not welcome in public shelters. So now,
extensive public education campaigns are necessary to advise citizens of this change. Officials also
intend to urge people to have the proper equipment to keep the animals controlled. Experience,
however, has shown that not everyone will be prepared to safely contain the animals during
public transportation and sheltering; therefore, an additional $49,000 was requested for animal
evacuation crates. These are cost-effective durable and stackable wire crates which can be easily
stored, assembled and reused.
BUDGETARYIMPACT
There is no match requirement.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to accept $64,000 for a regional
Companion Animal Evacuation Project through the FY2008 Nelda C. and H. J. Lutcher
Stark Foundation grant program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
August, 2008.
- Mayor Becky Ames -
B
RICH WITH OPPORTUNITY
1117CAi[11�10111)(
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: August 12, 2008
REQUESTED ACTION: Council consider a resolution accepting maintenance of the
street, storm sewer, water and sanitary sewer improvements
in the Barrington Heights VIII subdivision.
RECOMMENDATION
Administration recommends approval of the following:
• Valmont Avenue from existing Delaware Street approximately 1,150 feet north to
the 3-OM-4P end of roadway markers.
• Ellington Lane from proposed Valmont Avenue approximately 400 feet east to
existing Ellington Lane.
• Truxton Lane from proposed Valmont Avenue approximately 170 feet west to the
3-OM-4P end of roadway markers.
• Caffin Drive from proposed Ellington Lane approximately 1,100 feet north to
proposed Clayboume Drive.
• Claybourne Drive from existing Clayboume Drive approximately 300 feet west to
the 3-OM-4P end of roadway markers.
Also,recommended for approval are the water and sanitary sewer improvements for Lots 37-39,
Block 1, Lots 14-18, Block 6, Lots 13-24, Block 9, Lots 1-16, Block 10, Lots 1-5, Block 11, and
Lots 1-2, Block 12.
BACKGROUND
The aforementioned improvements in the subdivision passed final inspection from all entities
involved on July 29, 2008.
BUDGETARY IMPACT
None.
BarringtonHeightsV III-cg
07/30/2008
RESOLUTION NO.
WHEREAS, construction of the street, storm sewer, water and sanitary sewer
improvements constructed in the Barrington Heights VIII Subdivision, have been completed
as follows:
Street. Storm Sewer.
• Valmont Avenue from existing Delaware Street approximately 1,150 feet north
to the 3-OM-4P end of roadway markers.
• Ellington Lane from proposed Valmont Avenue approximately 400 feet east to
existing Ellington Lane.
• Truxton Lane from proposed Valmont Avenue approximately 170 feet west to
the 3-OM-4P end of roadway markers.
• Caffin Drive from proposed Ellington Lane approximately 1,100 feet north to
proposed Claybourne Drive.
• Claybourne Drive from existing Claybourne Drive approximately 300 feet west
to the 3-OM-4P end of roadway markers.
Water and Sanitary Sewer Improvements
• Lots 37-39, Block 1
• Lots 14-18, Block 6
• Lots 13-24, Block 9
• Lots 1-16, Block 10
• Lots 1-5, Block 11
• Lots 1-2, Block 12.
WHEREAS, the developers of said streets desire to have these improvements
accepted and maintained by the City; and,
WHEREAS, the director of the Public Works and Engineering Department has
determined that said improvements meet city standards and qualify for acceptance for
permanent maintenance, and the City Council is of the opinion that said improvements
should be accepted and maintained by the City of Beaumont;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the above-referenced street, storm sewer, water and sanitary sewer improvements
in Barrington Heights VIII Subdivision, with the exception of streetlights, are hereby
accepted by the City of Beaumont and shall be continuously maintained by the City
contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way
and easements required on the preliminary and final plats and installation of the
streetlights.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
August, 2008.
- Mayor Becky Ames -
RICH WITH OPPORTONITY
BEA,UMON*
c
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: August 12, 2008
REQUESTED ACTION: Council consider adopting a resolution supporting the
completion of Interstate 10 to the Texas State Line.
RECOMMENDATION
The Administration recommends adoption of the resolution.
BACKGROUND
The City of Orange is asking surrounding governmental entities to adopt a resolution supporting
the completion of Interstate 10 to the Texas State Line. The resolution strongly encourages the
Jefferson, Orange, Hardin Regional Transportation Study(JOHRTS)to make the completion of
Interstate 10 a top priority of the transportation needs of the JOHRTS study area. A copy of the
resolution is attached for your review.
RESOLUTION NO.
WHEREAS,the Interstate 10 highway is a major thoroughfare throughout southeast
Texas; and
WHEREAS, Interstate 10 is the main traffic artery for the delivery of goods and
materials to business and industry throughout southeast Texas and for transportation
between the Atlantic Ocean and the Pacific Ocean; and
WHEREAS, current configurations of entrance and exit ramps to the highway are
confusing to drivers unfamiliar with the area and they provide a safety hazard to those
utilizing the roadway; and
WHEREAS, Interstate 10 provides critical access for military cargo to Port facilities
all along the Gulf Coast; and
WHEREAS, Interstate 10 provides critical access to the nation's crude oil refining
capacity; and
WHEREAS, Interstate 10 is a major access point to visitors entering the state of
Texas; and
WHEREAS, traffic along Interstate 10 is increasing each year and maintenance
costs for this highway will continue to significantly increase in the absence of reconstruction
of the remaining portions that were built in the middle of the last century; and
WHEREAS, reconstruction of the Interstate has already been undertaken or is
scheduled and funded to occur from the Neches River eastward to Adams Bayou; and
WHEREAS, engineering, environmental and designs for replacement construction
of the Interstate between Adams Bayou and the Sabine River are already in place, but
funding for this portion of the Interstate reconstruction effort in Orange County has not
been finally allocated; and
WHEREAS, the Texas Department of Transportation plans to sell bonds of
approximately $5 billion in order to raise money for critical infrastructure projects; and
WHEREAS, construction of such a project would require approximately 1%of those
bond proceeds;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City of Beaumont makes the following pronouncements and undertakings:
1. The Adopting Party approves of and agrees to the contents of the predicate
statements set forth above preceded by their "whereas" introduction terms and strongly
encourages the Jefferson, Orange, Hardin Regional Transportation Study (JOHRTS) to
make the completion of Interstate 10 a top priority of the transportation needs of the
JOHRTS study area.
2. The Adopting Party also strongly encourages the Texas Department of
Transportation to allocate ample resources from future bond sales to complete the
rehabilitation and replacement of Interstate 10 Highway from Adams Bayou to the Texas
state line.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12' day of
August, 2008.
- Mayor Becky Ames -
D
RICH WITH OPPORTUNITY
11EA,111�1U111T
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: August 12, 2008
REQUESTED ACTION: Council consider authorizing the granting of a Pipeline
License Agreement to cross city right-of-way.
RECOMMENDATION
The Administration recommends authorization to grant a Pipeline License Agreement to cross
Sulphur Drive and Highland Avenue rights-of-way.
BACKGROUND
Kingwood Exploration, LLC, through their agent Percheron Acquisitions, LLC, has requested
permission to install a pipeline across Sulphur Drive and Highland Avenue rights-of-way. The
pipeline will be for the purpose of transporting oil, gas, water or their products and will be
constructed in accordance with City requirements.
BUDGETARY IMPACT
There is a fee of$1,543.15 for the Pipeline License Agreement.
\engkingwood-ib
28 July 2008
CITY OF BEAUMONT
APPLICATION FOR
PIPELINE LICENSE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
Business Name: Kingwood Exploration LLC
Business Phone:_(318) 524-9100
Business Address: 7330 Fern Ave, Suite 801, Shreveport, LA 71105
The City of Beaumont,hereinafter called"City",for and in consideration of the sum specified
herein$1,543.15 hereby grants to KINGWOOD EXPLORATION LLC hereinafter called
"Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the
transportation of oil,gas,water,or their products,on or across the following property situated
in the City of Beaumont, Jefferson County, Texas, and being more particularly described in
Exhibit "A" attached hereto and made a part hereof for all purposes.
Street Name or R.O.W. Description Length(Linear Feet)
Sulpur Drive 161.4
Highland Avenue 80.00
1
COST OF LICENSE:
Licensee shall make payment to the City of Beaumont as follows:
License Agreement fee - $500.00
° Annual fee of $2.25 per linear foot of pipeline located within City property.
Said fee shall be reset on January 31, 2011 and shall be reset every ten
(10)years, thereafter, to a level to be determined by the City Council or their
delegated representative.
All fees,including the first annual fee for linear foot usage 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:
° Licensee does not intend to sell product for resale from the covered pipeline
to customers located within the City; however, Licensee recognizes that
should it sell product for resale from this covered pipeline to customers
within the City, it will be required to report such distribution and when
lawfully required to do so, pay a street rental fee based on revenues. The
annual fee and the regulations controlling the payment of such fee will be those
as lawfully established by the ordinances of the City.
° 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.
The pipeline shall be constructed in such a manner as approved by the City so
as it does not interfere with the use of the City property.
2
° The pipeline shall be installed a minimum of five (5) feet below the lowest
existing or proposed ditch grades, waterlines, sanitary sewer lines or storm
drainage lines, unless otherwise authorized by the City and/or Texas
Department of Transportation. Such grades and lines shall be indicated on
map submittal, as well as depth of proposed pipeline (see page 4).
The construction and operation of the pipeline shall not interfere with the
natural drainage in that area nor with the drainage system of the City, nor
with 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.
° Excavations necessary for the construction, repair, or maintenance of the
pipeline shall be performed in such a manner that will cause minimal
inconvenience to the public. Licensee shall promptly restore the area to as
good a condition as before working thereon and to the reasonable
satisfaction of the City's Engineering Division and/or the Texas
Department of Transportation.
° Operations along roadways shall be performed in such a manner that all
excavated materials will be kept off the pavements at all times, as well as all
operating equipment and materials. All property where operations are
performed will be restored to original condition or better. No equipment or
installation procedures will be used which will damage any road surface or
structures. The cost of any repairs to road surface, roadbed, structures or
other right-of-way features as a result of this installation will be borne by
the owner of this line.
° Barricades, warning signs and lights, and flagpersons shall be provided by
the contractor or owner when necessary. Only under extreme
circumstances,as deemed necessary by the City Engineer,will open cutting of a
street or roadway be allowed. All barricading must be by permit and approved
by the City(Public Works Department) in advance.
Any construction which takes place in, on under, above, or across
property not owned by the City shall require additional permission by the
owner(s) of the property involved. Written proof of said permission is to be
provided to the City as part of the application process. Approval of this license
agreement excludes permission to do any construction on property which is not
3
owned by the City of Beaumont.
° Any licenses, permits or agreements required by another governmental entity
(County, State or Federal)shall be obtained and a copy of such document shall
be provided to the City.
If agreement is not required by said governmental entity, then documentation
regarding such will be provided to the City of Beaumont.
° Licensee shall provide copies of all necessary agreements to be obtained from
other City Departments.
Licensee shall be responsible for acquiring all agreements necessary for the
lawful use of any private property.
A map showing the location of the proposed pipeline shall be provided.
(1"=2,000' City of Beaumont map or United States Geological Survey
Map)
The pipeline shall be maintained and operated in such a manner as not to
leak and/or cause damage to any City streets, alley, easements or other
property. Once the pipeline is in operation, any damage that occurs to the
pipeline which results in exposure or release of product must be reported
immediately to the City Fire Department and Public Work's
Department. Licensee shall fully cooperate with the Fire Department and
provide, or assist with providing, any and all necessary notifications,
evacuations or other necessary actions. Leaks or other defects are to be
repaired immediately by Licensee at it's own cost.
° The Licensee shall be responsible for the cleanup and remediation of
contaminated areas due to exposure or release of product and any and all costs
associated with said cleanup and remediation.
The Licensee shall be responsible for any and all costs associated with the
relocation of the pipeline. As provided, the necessity for relocation of the
pipeline shall be solely within the discretion of City and/or the Texas
Department of Transportation.
Permits which allow lines to be maintained or constructed in City right-of-
way shall be obtained by Licensee or it's contractor prior to beginning
maintenance or construction. The fee for such permits is in addition to this
License Agreement fee. (See Cost of License)
4
Installation will be done in accordance with all City standards and statutes of
the State of Texas.
REQUIRED COVERAGE:
° Licensee shall furnish the City with a Certificate of Standard Liability
Insurance, including bodily injuries and property damage, naming the City of
Beaumont as an Additional Insured. Such policy shall provide for the
following minimum coverage:
° Bodily injuries: $ 300,000.00 per person
$1,000,000.00 per incident
Property Damage: $1,000,000.00
Such insurance shall be maintained in force and effect during the
construction or required maintenance of the pipeline and during the life of
the pipeline.
Such certificate shall contain a provision that at least fifteen (15) days
written notice must be given to the City prior to cancellation, alteration, or
modification of such insurance.
° Licensee shall have in force with the City a surety bond in the principal
amount of $1,000,000.00. The bond shall be payable to the City of
Beaumont for the use and benefit of any person entitled thereto and
conditioned that the principal and surety will pay all damages to any person
caused by, or arising from, or growing out of any violation of the terms of
this agreement. The bond shall provide that it may not be cancelled,altered,or
otherwise modified without giving fifteen(15)days prior written notice to the
City. The bond shall be good and in effect for a period of one (1) year
from the date of completion of construction of the pipeline.
° Licensee shall indemnify, save and hold harmless the City of Beaumont
from any and all claims for injuries and damages to persons or property
occasioned by or arising out of the construction, maintenance, operation,
repair or removal of the pipeline. This indemnity expressly extends to claims
alleging negligence by the City of Beaumont,it's agents,officers or employees,
arising from actions taken or occurrences under this license agreement.
If the pipeline or any part thereof installed by Licensee shall be in any
respect damaged or injured by City or any of its agents or employees in
connection with the performance of any work or repairs that may be done
5
upon the property mentioned herein:
Licensee shall not be entitled to prosecute or maintain a claim against the City of
Beaumont for any such damage or injuries so sustained by it; however, said
conditions shall not prevent Licensee from recovering against any contractor who
shall damage Licensee's property in the course of such contractor's performance of
any contract with the City.
OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.:
City will use its best efforts to notify Licensee of any proposed
construction and/or maintenance, to be done by City forces or by contract
for the City, within the R.O.W. involved with this license.
Notification, to Licensee, of other construction and/or maintenance
permitted by the City and within the R.O.W. involved with this license will
be the responsibility of the company obtaining said permit.
Licensee shall mark the location of its lines within forty-eight (48) hours
after receipt of such notification of proposed construction.
Licensee shall maintain a local, or toll free, telephone number to be
called for notification of construction or maintenance and for location of
lines. Such number, or charges to such number, will be provided to the City
(Department of Public Works) and kept current at all times. This number
shall be provided to entities permitted to construct, maintain or excavate
within this City R.O.W. and which are required to provide notification of
such work. When information has been relayed to Licensee, through the
phone number provided, such contact shall constitute notification for
Licensee to provide location of its lines. Failure, by Licensee, to respond
within the required time frame shall alleviate the responsibility of the
person(s) requiring the lines to be relocated.
City reserves the right to lay, and to permit to be laid, sewer, gas, water
and other pipes and cables, and to do or permit to be done any underground
work that may be deemed to be necessary or proper by City in, across,
along, or under any of the streets, alleys and easements, and to change any
curb or sidewalk or the grade of any said streets. In doing or permitting
any such work, the City of Beaumont shall not be liable to Licensee for any
damage occasioned; it being understood that nothing herein shall be
construed as foreclosing Licensee's rights to recover damages against any
contractor or third party who may be responsible for damages to Licensee's
facilities.
6
° Whenever by reason of the change in the grade of any street occupied by
Licensees' pipeline or construction of a new street or highway along or
over said street, or by reason of the location or manner of constructing
drainage structures, water pipes, gas pipes, sewers, or other underground
construction for any purpose whatever, it shall be deemed necessary by
City to relocate, alter, encase, change, adopt or conform the pipeline of
Licensee thereto, such change shall be made promptly by Licensee at its cost
and without claim for reimbursement or damages against City. If the
change is demanded by the City for the benefit of any other person or
private corporation, except the City or the Texas Department of
Transportation, Licensee shall be reimbursed fully by the person or
corporation desiring or occasioning such change for any expense arising out
of such change; provided, however, should the change be requested by the
Texas Department of Transportation or be required due to construction of a
state or federal highway, Licensee will, upon notice from the City,make such
change immediately and at its own cost; it being understood that City will
not participate in any part of the cost of any change involving relocation,
altering, encasing, boring, or changing in any manner of the pipeline where
same is in a City street , alley, easement or other right-of-way.
NOTIFICATION/INSPECTION:
Any and all work to be performed on City right-of-way (R.O.W.) shall be
observed and inspected by a City representative. Any work to be
performed within the City limits will be subject to periodic inspection to
ensure compliance with construction standards.
° Licensee shall provide the City (Public Works Department - Engineering
Division) twenty-four (24) hours prior to the installation of the lines
permitted by this license. Licensee shall also notify the City twenty-four
(24) hours prior to any street or R.O.W. crossing. A representative will
be scheduled to be present. The expense of such inspection services may be
billed to the Licensee and such amounts will be reimbursed to the City.
° Licensee shall notify the Engineering Division at least forty-eight (48)
hours prior to completion of work and removal of equipment from the job
site to permit the City to make an inspection.
7
SPECIAL CONDITIONS:
Nonassignable
This license is personal to the Licensee. It is nonassignable and any attempt to assign this
license will terminate the license privileges granted to Licensee hereunder.
Termination
This agreement is subject to termination by the City if any condition specified herein is not
met. This agreement may also be terminated by the Licensee. Either party attempting to
terminate this agreement shall give written notice to the other specifying the date of,and
the reason for, termination. Such notice shall be given not less than thirty (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 Licensee:
P.O. Box 3827 Kingwood Exploration LLC
Beaumont, Texas 77704 7330 Fern Ave.
Shreveport, LA 71105
Attn: City Manager Attn: Robert Braswell
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
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
KINGWOOD: EXPLOR
B GC. 0
Y
Robert Braswell, Manager
ATTEST::
By: 96,- x'11
Secretary
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Plot date:05/27/08 at 11:16
Jefferson County,Texas
{Not To Scale}
- - Highland Avenue - - - -
(Apparent 80.0'Wide Right Of Way)
Natural Ground Ditch Top
Elev:14.3' At Fence Line Ditch Top Ditch Top Ditch Top
Elev:14.5' Elev:16.0' Elev: 15.7 Elev:14.4'
� Highland Ave.
Center Natural Ground
Elev:16.5' Elev:14.4'
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`ores Elev- 13.5' Elev:13.4' 5 0
ProposesPipeline Route \
Plat Showing The Approximate Location Of A
Proposed Pipeline Crossing
Of
EAST Highland Avenue
For The
"Kingwood Exploration LLC,
Glady's City No. 194" Well
Across The
JOHN H. VEATCH SURVEY
Abstract 55
Preliminary, this document shall not
Shine & Johnston, Inc.
be recorded for any purpose.
P.O.Box 391
Silsbee,Texas 77656
Ph#(409)385-5266 Steven Butz
Fax#(409)385-0936 Registered Professional Land Surveyor No. 4319
File name:080511A.dwg RBJ
Plot date:06/13/08 at 08:32
Jefferson County,Texas
{Not To Scale}
- - - - - - -Sulphur Drive- - - - - -
(100.0'Wide Right Of Way)
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r a ter- r o Elev:19.0' Elev:15.6'
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Elev:18.5'
. 17.4
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Elev:16.0' Ditch B
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5.0'Minimum Y:831,046.88
Cover X:3,557,247.84
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Plat Showing The Approximate Location Of A
Proposed Pipeline Crossing
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For The
"Kingwood Exploration LLC,
Glady's City No. 194" Well
Across The
JOHN H. VEATCH SURVEY
Abstract 55
Preliminary, this document shall not
Shine & Johnston, Inc. be recorded for any purpose.
P.O.Box 391
Silsbee,Texas 77656
Ph#(409)385-5266 Steven Butz
Fax#(409)385-0936 Registered Professional Land Surveyor No. 4319
Fname: 511 F.dwg RBJ
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Shine & Johnston, Inc.
CALLTHE RIZONTAL CONTROL REFERRED TO Pr eliminary, this document shall not P.O.Box 391 TATE PLANE COORDINATE SYSTEM, be recorded for any purpose.Silsbee,Texas
91 OJECTION,SOUTH CENTRAL ZONE,
Ph#(409)385-5266 27 DATUM. ALL BEARINGS,
Fax#(409)385-0936 CES AND ACREAGES ARE GRID. Steven Butz
Registered Professional Land Surveyor No. 4319
mmnma
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to grant a Pipeline License
Agreement to Kingwood Exploration, LLC, through their agent Percheron Acquisitions,
LLC, to install a pipeline across Sulphur Drive and Highland Avenue rights-of-way for the
purpose of transporting oil, gas, water or products.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
August, 2008.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
1
T * E * X * A * S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS AUGUST 12,2008 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-8/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider amending the FY 2008 Budget to transfer funds from the General Fund's
fund balance to the Capital Reserve Fund, the Municipal Transit Fund, and the
Street Improvement Fund
2. Receive the proposed FY 2009 Budget and schedule a public hearing
3. Receive the proposed FY 2009 Capital Program and schedule a public hearing
4. Consider establishing and taking a record vote on the proposed 2008 tax rate and
schedule public hearings
5. Consider approving a request to abandon portions of Fulton Avenue, Burt Street,
Tagore Street, Grove Street, Grant Street, Buford Street, Jamison Street and the
alley in Block 4, Oakwood Subdivision
6. Consider approving the remounting of two (2)EMS ambulance boxes onto new
cabs and chassis
7. Consider amending Section 21-75 of the Code of Ordinances relating to authorized
police positions
8. Consider granting a new solid waste collection and transportation service franchise
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:
Linda Thomas 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 Lenny Caballero at 880-3716 three days prior to the meeting.
1
August 12,2008
Consider amending the FY 2008 Budget to transfer funds from the General Fund's fund balance
to the Capital Reserve Fund, the Municipal Transit Fund, and the Street Improvement Fund
RICH WITH OPPORTUNITY
11E A►[I 1�1 C1 I (
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: August 12, 2008
REQUESTED ACTION: Council consider amending the FY 2008 Budget to transfer
funds from the General Fund's fund balance to the Capital
Reserve Fund, the Municipal Transit Fund, and the Street
Improvement Fund.
RECOMMENDATION
It is recommended that Council amend the FY 2008 Budget by increasing the transfers out by $6.3
Million from the fund balance in the General Fund to the Capital Reserve Fund, the Municipal
Transit Fund, and the Street Improvement Fund.
BACKGROUND
By the end of Fiscal Year 2008, the fund balance in the General Fund is projected to be
approximately $27.5 Million. The proposed amendment would be allocated as follows:
Transfer To: Proposed Amendment
Capital Reserve Fund $ 3,000,000
Municipal Transit Fund 300,000
Street Improvement Fund 3,000,000
Total General Fund Amendment $ 6,300,000
The Capital Reserve Fund is used for facility improvements as well as vehicle and equipment
purchases. Transferring $3 Million from the General Fund to Capital Reserve will allow the City
to use cash instead of long-term financing to fund enhancements to facilities throughout the City and
make fleet purchases without incurring interest costs.
The Municipal Transit Fund accounts for all of the revenue and expenditures related to the City's
municipal transit system. Transit capital expenditures budgeted in FY 2008 will not be spent;
however, operating expenditures have exceeded the amount budgeted due to increased fuel and
maintenance costs. The transfer of$300,000 will keep the fund solvent.
Budget Amendment
August 12, 2008
Page 2
The Street Improvement Fund is part of the Capital Program. It accounts for major street
construction and rehabilitation projects. A transfer of$3 Million will allow cash to be used for street
rehabilitation projects citywide instead of financing them. Approximately$250,000 will be utilized
for a pavement management system. On February 12, 2008, Tom Warner, Public Works Director,
conducted a work session on the City of Beaumont's Street Program and the need for a pavement
management system. The system will provide impact, cost, and performance data on alternative
maintenance techniques and strategies to better use the City's resources to most efficiently address
the maintenance of streets.
BUDGETARY IMPACT
By the end of Fiscal Year 2008, fund balance in the General Fund is projected to be approximately
$27.5 Million. After making the recommended $6.3 Million transfer, the remaining fund balance
will be approximately$21.2 Million. This is a healthy fund balance for the General Fund providing
reserves for future unforeseen items and occurrences.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING THE FISCAL
BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL
YEAR 2008 TO TRANSFER $6,300,000 FROM THE
GENERAL FUND TO THE CAPITAL RESERVE FUND, THE
MUNICIPAL TRANSIT FUND, AND THE STREET
IMPROVEMENT FUND; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR REPEAL.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1,
2007, through September 30, 2008, be and the same is hereby amended to appropriate
and transfer the sum of $6,300,000 from the fund balance in the General Fund to the
Capital Reserve Fund, the Municipal Transit Fund, and the Street Improvement Fund as
shown below:
Transfer To: Proposed Amendment
Capital Reserve Fund $ 3,000,000
Municipal Transit Fund 300,000
Street Improvement Fund 3.000.000
Total General Fund Amendment $ 6,300,000
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.
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 12th day of
August, 2008.
- Mayor Becky Ames -
2
August 12,2008
Receive the proposed FY 2009 Budget and schedule a public hearing
RICH WITH OPPORTUNITY
IEm A,11 1�1 U1 111)(
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Finance Officer
MEETING DATE: August 12, 2008
REQUESTED ACTION: Council to receive the proposed FY 2009 Budget and
schedule a public hearing.
RECOMMENDATION
Administration recommends Council schedule a public hearing on September 2, 2008 at 1:30 p.m.
in the Council Chambers related to the proposed FY 2009 Budget.
BACKGROUND
Article VI, Section 2 of the City Charter requires that the proposed budget be submitted to the
Council at least 45 days prior to the beginning of the new fiscal year. In addition,Section 4 requires
Council to schedule a public hearing on the proposed budget and authorize the City Clerk to publish
the notice of the public hearing.
BUDGETARY IMPACT
A work session on the proposed FY 2009 Budget will be held on August 26, 2008.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the proposed FY 2009 Budget for the City of Beaumont be and it is hereby received.
BE IT FURTHER RESOLVED that a public hearing to consider the proposed FY
2009 Budget for the City of Beaumont shall be held September 2, 2008 at 1:30 p.m. in the
City Council Chambers, located at 801 Main Street, Beaumont, Texas. All appropriate
notices of this public hearing are to be given as required by law.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
August, 2008.
- Mayor Becky Ames -
3
August 12, 2408
Receive the proposed FY 2009 Capital Program and schedule a public hearing
RICH WITH OPPORTUNITY
IIEA,111�1011T
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer'
MEETING DATE: August 12, 2008
REQUESTED ACTION: Council to receive the proposed 2009 Capital Program and
schedule a public hearing.
RECOMMENDATION
Administration recommends Council schedule a public hearing on September 2, 2008 at 1:30 p.m.
in the Council Chambers related to the proposed 2009 Capital Program.
BACKGROUND
The proposed 2009 Capital Program was originally submitted to Council on May 13, 2008.
Revisions have been made to the original proposed document and are attached for your review.
Article VI, Section 20 of the City Charter requires Council to schedule a public hearing on the
proposed Capital Program and authorize the City Clerk to publish the notice of the public hearing.
BUDGETARYIMPACT
The Capital Program will be reviewed with Council at a work session on August 26, 2008.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the proposed FY 2009 Capital Program for the City of Beaumont be and it is hereby
received.
BE IT FURTHER RESOLVED that a public hearing to consider the proposed FY
2009 Capital Program for the City of Beaumont shall be held September 2, 2008 at 1:30
p.m. in the City Council Chambers, located at 801 Main Street, Beaumont, Texas. All
appropriate notices of this public hearing are to be given as required by law.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
August, 2008.
- Mayor Becky Ames -
4
August 12, 2008
Consider establishing and taking a record vote on the proposed 2008 tax rate and schedule public
hearings
RICH WITH OPPORTUNITY
17L
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: August 12, 2008
REQUESTED ACTION: Council consider establishing and taking a record vote on the
proposed 2008 tax rate and schedule public hearings.
RECOMMENDATION
Administration recommends Council establish a tax rate required to support the City Manager's
proposed budget. In accordance with Chapter 26 of the Property Tax Code, if the proposed rate
exceeds the lower of the rollback rate of$0.649777 or the effective tax rate of$0.590341,the City
Council must take a record vote to place the proposal to adopt the rate on the agenda of a future
meeting. The proposed tax rate of $0.640000 is less than the roll back rate of $0.649777 by
$0.009777 and exceeds the effective tax rate of$0.590341 by$0.049659. If the motion passes,two
public hearings must be scheduled regarding the proposed tax rate. It is recommended that the
public hearings be held on August 26, 2008 and September 2, 2008 at 1:30 p.m. in the Council
Chambers.
Although the proposed tax rate of$0.640 exceeds the effective tax rate,the proposed rate is less than
the prior year's tax rate of$0.654 by 1.4 cents. The tax rate has been lowered each of the past three
(3) years. This proposed reduction is the largest in the last ten years.
BACKGROUND
Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws in
adopting their tax rate. According to Senate Bill 18, governing bodies are required to hold two
public hearings when the proposed tax rate exceeds the lower of the rollback rate or the effective
rate.
BUDGETARYIMPACT
The detail budget information for all funds, including proposed property tax revenues, will be
submitted to Council on August 12, 2008.
DEDICATION OF PROPERTY TAX RATES
TEN YEAR ANALYSIS
Fiscal Debt Total
Year General Service Tax Rate
2000 $ 0.36000 $ 0.27500 $ 0.635000
2001 0.35000 0.28500 0.635000
2002 0.33000 0.30500 0.635000
2003 0.31000 0.32500 0.635000
2004 0.34500 0.32500 0.670000
2005 0.36000 0.31000 0.670000
2006 0.38127 0.28273 0.664000
2007 0.40787 0.25113 0.659000
2008 0.43400 0.22000 0.654000
2009 0.43390 0.20610 0.640000
RESOLUTION NO.
WHEREAS,the City Manager's proposed budget includes a tax rate which exceeds
the effective tax rate of$0.590341; and
WHEREAS, City Council must take a record vote to consider the proposed tax rate
at a future meeting; and
WHEREAS, it is necessary to conduct two (2) public hearings on the proposed tax
rate where the proposed rate exceeds the lower of the roll-back rate or the effective tax
rate.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Council for the City of Beaumont will consider at a future meeting the
proposed tax rate which will effectively increase the total tax revenues from properties on
the tax roll in the preceding year.
BE IT FURTHER RESOLVED THAT the proposed tax rate of$0.640 necessary to
support the City Manager's budget is hereby scheduled for consideration at two (2) public
hearings to be held on August 26, 2008, and September 2, 2008, at 1:30 p.m. in the City
Council Chambers located at 801 Main Street, Beaumont, Texas. All appropriate notices
of these public hearings are to be given as required by law.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
August, 2008.
- Mayor Becky Ames -
__ I
5
August 12, 2008
Consider approving a request to abandon portions of Fulton Avenue, Burt Street, Tagore Street,
Grove Street, Grant Street, Buford Street, Jamison Street and the alley in Block 4, Oakwood
Subdivision
RICH WITH OPPORTUNITY
11C A► �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
Gs�
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: August 12, 2008
REQUESTED ACTION: Council consider a request to abandon portions of Fulton
Avenue, Burt Street, Tagore Street, Grove Street, Grant
Street, Buford Street, Jamison Street and the alley in Block
4, Oakwood Subdivision.
RECOMMENDATION
The Administration recommends approval of the request subject to the following conditions:
• Retain the abandoned rights-of-way as drainage easements for drainage facilities
within the rights-of-way.
• Relocate water meters, as required.
• Any work or maintenance in these 27eas needs to be under the safety guidelines or
procedures of the City of Beaumont.
• Retain the abandoned rights-of-way of Burt and Buford as utility easements for
Water Utilities facilities within these rights-of-way.
BACKGROUND
ExxonMobil and the Port of Beaumont have applied for the abandonments.
With the exception of those above, all other properties have been purchased and/or obtained by
ExxonMobil Corporation or the Port of Beaumont.
Chris Fisher,Executive Director of the Port of Beaumont, states that the Port is especially interested
in abandoning Buford Street, east of Carroll, and Jamison Street. The Port is facing increased
challenges to provide the level of security expected by its Port Commission, its business customers
and government agencies. Due to the critical nature of cargo handled at the Port, efforts have been
undertaken in the last five years to enhance Port security measures. The Port owns property on
each side of Buford Street to its termination at the ExxonMobil refinery. This portion of Buford is
used almost exclusively by Port customers and ExxonMobil. Mr. Fisher says that the closure of
Buford would also enhance business operations inside the Port by allowing rail traffic to cross
Buford freely at the Port Grain Elevator.
Mr. Fisher further states that the Port has been unable to determine if Jamison Street is a city street.
It is not listed in the street index. The Port has been previously advised that this request was not
dedicated to the City but may have been maintained by Jefferson County. Therefore, the Port will
all also request of the County an abandonment of that street.
This item was sent to all interested parties. The City of Beaumont Engineering Department
recommends approval subject to the retention of drainage easements. In addition, any work or
maintenance in these areas needs to be under the safety guidelines or procedures of the City of
Beaumont. A Tx 8' drainage box runs diagonally across Sycamore, Holly, Doucette and Grove.
A 4'x T drainage box runs within the Grant St. and Grove St. right-of-way. A 102" C.M.P. runs
parallel to the eastern corporate limits of the City of Beaumont,to the Neches River. All above
ground drainage and road maintenance will belong to either the Port of Beaumont or ExxonMobil.
The Water Utilities Department has water lines for which some utility easements will need to be
retained. In other instances,water meters will need to be moved. Entergy also requests that utility
easements be retained.
At a Regular Meeting held June 16, 2008, the Planning Commission recommended approval
5:0:2 to abandon portions of Fulton Avenue, Burt Street, Tagore Street, Grove Street, Grant
Street,Buford Street, Jamison Street and the alley in Block 4, Oakwood Subdivision.subject to
the following conditions:
• Retain the abandoned rights-of-way as drainage easements for drainage facilities
within the rights-of-way.
• Relocate water meters, as required.
• Any work or maintenance in these areas±Leeds to be under the safety guidelines or
procedures of the City of Beaumont.
• Retain the abandoned rights-of-way of Burt and Buford as utility easements for
Water Utilities facilities within these rights-of-way.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE ABANDONING PORTIONS OF
FULTON AVENUE, BURT STREET, TAGORE STREET,
GROVE STREET, GRANT STREET, BUFORD STREET,
JAMISON STREET AND THE ALLEY IN BLOCK 4,
OAKWOOD SUBDIVISION, IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
THAT portions of Fulton Avenue, Burt Street, Tagore Street, Grove Street, Grant Street,
Buford Street, Jamison Street and the alley in Block 4, Oakwood Subdivision, as described
in Exhibits"A"through "G"and shown on Exhibit"H"attached hereto, be and the same are
hereby vacated and abandoned subject to the following conditions:
• Retain the abandoned rights-of-way as drainage easements for drainage
facilities within the rights-of-way;
• Relocate water meters, as required;
• Any work or maintenance in these areas needs to be under the safety guidelines
or procedures of the City of Beaumont;
• Retain the abandoned rights-of-way of Burt and Buford as utility easements for
Water Utilities facilities within these rights-of-way.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
August, 2008.
- Mayor Becky Ames -
FIELD NOTE DESCRIPTION
FOR A 01090 ACRE TRACT
FOR THE ABANDONMENT OF A
PORTION OF FULTON AVENUE
OUT OF THE
DAVID BROWN SURVEY,ABSTRACT 5
JEFFERSON COUNTY,TEXAS
MAY 13,2008
TRACT 1-ABANDON
That certain 0.2090 acre tract out of the David Brown Survey,Abstract 5,Jefferson County,
Texas,being a portion of Fulton Avenue out of Oakwood Addition,a plat recorded in Volume 4
Page 67,of tha Map Records o°Jefferson County,Texas,said 0.2090 acre tract Wing more
particularly described by metes'and bounds as follows:
Note:The Basis of Bearings Is along south right-of-way line of Van Buren Avenue between
Holly and Grove Streets,having been called North 8VS9'00"East.in Clerks File No.9842585 of
the Official Public Records of Jefferson County;Texas.
BEGINNING at a Y4"iron pipe found at the intersection of the east right-of-way line of Sycamore
Street with the north right-of-Way line of Fulton Avenue for the southwest comer of Lot 16,Block
16 of said Oakwood Addition and the northwest comer of the said 0.2090 acre tract; I
• THENCE North 89°52'11"East along the said north right-of-way line of Fulton Avenue and the
said 0.2090 acre tract being the south line of the said Block 18 a distance of 151.31 feet to a
point for the northwest comer of a called 0.0690 acre tract being a portion of Fulton Avenue
abandoned In Ordinance Number 03-083 as described in Clerks File No.2005006148 of the
Official Public Records of Jefferson County,Texas,.tlie southwest comer of Lot 13,'Block 16 of
said Oakwood Addition and the northeast corner of the said 0.2090 acre tract;
THENCE South 00.13'11"East along the west line at the said 0.0690 acre tract and the east
line of the said 0.2090 acre tract a distance of 60:12 feet to a point`in the south right�f=way line
of Fulton Avenue for the northwest comer of Lot 4,Block 23 of said Oakwood Addition,the
southwest comer of the said 0.0690 acre tract and the southeast comer of the said 0.2090 acre
tract;
THENCE South 89°52'11'West along the said south-right-of-way line of Fulton Avenue and the
said 0.2090 acre tract being the north line of said Block 23 a distance of 151.52 feet to a point in
the said east right-of-way line of Sycamore Street for the northwest comer of Lot 1 of said Block
23 and the southwest comer of the said 0.2690 acre tract;
THENCE North 00°01'25"West along the said east right-of-way line of Sycamore Street and the
west line of the said 0.2090 acre tract a distance of 60.12 feet to the POINT OF BEGINNING
and containing 0.2090 acres(9,102,59 sq..ft)of land,more or less.
Fars&S*Man,Inc
Page 1 of 1
02166Tr1Ab
} EXHIBIT"A"
1 --
• FIELD NOTE DESCRIPTION .
FOR A 0.1076 ACRE-TRACT
FOR THE ABANDONMENT OF
A PORTION OF BURT STREET
OUT OF THE
DAVID BROWN SURVEY,ABSTRACTS
JEFFERSON COUNTY,TEXAS
MAY 13,2008
TRACT 3-ABANDON
That certain 0.1076 acre tract situated in the David Brown Survey,Abstract 5,Jefferson County,
Texas,being a portion of Burt Street,said 0.1078 acre trectbeing more particularly described
by metes and bounds as follows:
Note:The Basis of Bearings;is along south right-of-way line of Van Buren Avenue between.
Holly and Grove Streats,hav-.1 been called North 89159'00"East in Clerk's File No:9842585 of
the Official Public Records of Jefferson County,Texas.
BEGINNING at a%"Iron pipe found in the south right-of-way line of.Burt Street for the
southwest copier of a called 0.5911 acre tract being a portion of Burt Street abandoned in
Ordinance Number 03-083 as described In Clerks File No.,2005008148 of the Official Public
Records of Jefferson County,Texas and the northeast comer of Lot 14,Block 4 of Oakwood
Addition,a plat recorded In Volume-4, Page 87 of the Map Records of Jefferson County,Texas
• and the said 0.1078 acre tract;
t THENCE South 89°48'13"West along the north line of said Lot 14,the said south right-of-way
fine of Burt Street and the south line of the said 4.1076 acre tract a distance of 69.28 feet to a
point for the southwest comer of the said 0.1076 acre tract;
THENCE North 21"09'45'East along'the west line of the said 0.1078 acre tract a distance of
84.96.feet to a point in the north right-of-way line of Burt Street for the southwest comer of Lot
20,Block 2 of Hillside Addition,a plat recorded In Volume,4,Page 182 of the Map Records of
Jefferson County,Texas and the northwest comer of the said 0.1078 acre.tract;
THENCE North 89°58'15°East along the south line of said Block 2,the said north right-of-way
line of Burt Street and.the north line of the said 0.1078 acre tract a distance of 85.87 feat to a
point for the northwest comer of the said 0.5911 acre tract and the northeast comer of the said
0.1076 acre tract;
THENCE South 00°02'19"West along the west line of the said 0.5911 acre tract and the east
line of the said 0.1078 acre tract a distance of 60.31 feet to the POINT OFBEGINNING and
containing 0.1078 acres(4,886.89 sq.ft.)of land,more or less.
• F5#L&Skipnea%Inc.
Page 1 of 1
02166.Tr3Ab
I
EXHIBIT"B"
l
FIELD NOTE DESCRIPTION
OF A 1.577 ACRE TRACT
FOR THE ABANDONMENT OF
TAGORE STREET,AND A PORTION OF
GROVE STREET AND BURT STREET
OUT OF THE
DAVID BROWN SURVEY,ABSTRACT 5
JEFFERSON COUNTY,TEXAS
MAY 13,2008.
TRACT 4-ABANDON
That certain 1.577 acre tract out of the David Brown Survey;Abstract 5,Jefferson County,
Texas,being Tagore Street and a portion of Grove Street and Burt Street,being out of and a
part of Oakwood Addition,a plat recorded In Volume 4 Page 87;of the Map Records of
Jefferson County,Texas and Hillside Addition,.a plat recorded In Volume 4, Page 182 of the
Map Records of Jefferson County,Texas,said 1.577 acre tract being more particularly
described by metes and bounds as follows: '
Note:The Basis of Bearings is along south right-of=way line of Van Buren.Avenue between
Holly and Grove Streets,having been called North 89'59'00"East in Clerk's File No.9842565 of
the Official Public Records of JeffersQrt County,Texas.
• BEGINNING at a point in the north right-of-way line of Tagore Street for the southwest comer of
Lot 1;Block 1 of said Hillside Addition and the most.westerly northwest comer of the said 1.577
acre tract;
THENCE North 89°58'15"East along-the south line of said Block 1 and the said north right-of-
way line of Tagore Street and the said 1.577 acre tract a distance of 774.85 feet to a point.at the
intersection of the said north right-of-way line of Tagore Street and the west d g ht-of-Way line of
Grove Street for the southeast.comer of Tract.5 described In an instrument•conveyed.to
ExxonMobil nil Corporation as recorded In Clerks File No.2006019380 of the Official Public
Records of Jefferson County,Texas and an Interior comer of the said 1.577 acre tract;
THENCE North 01°02'00'West along the said•west right-of-way line of Grove Street,the east
line of said Tract 5 and Tract 8 of said Clerks File No.2006019380 and an Interior line of the
said 1.577.acre tract.a distance of 104.56 feet.to.a 3/a"Iron rod found for the northeast comer of
said Tract 8 and the most northerly northwest comer of the said 1.577 acre tract;
THENCE North 89°20'00'East along the most northerly north line of the said 1.577 acre tract a
distance of 60.00 feet to a point In the east right-of-way line of Grove Street for the northeast
comer of the said 1.577 acre tract;
THENCE South 00°12'15"East along the said east right-of-way line of Grove Street a distance
of 383.73 feet to a point at the Intersection of the said east right-of-way line of Grove Street and
the.south right-of-way line of Burt Street for the southeast comer of the said 1.577 acre tract;
Fft do Shipman,Inc
Page 1 of 2
02166.Tr4Ab
1 EXHIBIT"C"
1
THENCE North 89°58'08'West along the south line of the said 1.577 acre tract,at a distance of
58.30 feet pass a 3h'iron pipe found in.the said west fight-of-way line of Grove Street for the
northeast comer of Lot 9,Block 5 of said Oakwood Addition,and continuing a total distance of
338.28 feet to a point for the southeast comer of a called 0.5911 acre tract being a.portion of
Burt Street abandoned in Ordinance Number 03-083 as described in Clerks File No.
2005008148 of the Official Public Records of Jefferson County and the.most southerly .
southwest comer of the said 1.577 acre tract;
THENCE North 00°01'45°West along the east llne'of the said 0.5911 acre tract and an interior
line of the said 1.577 acre tract a distance of 59.76 feet to a point in the south line of Tracts 3&
4 described In said Clerics File No.2006019380 and the north right-of-way line of Burt Street for
an exterior comer of the said 1:577 acre tract;
THENCE Norte 39°5W15'East along the said south line of said Tracts 3&4 and the said north
right-of-way line of Burt Street a distance of 279.60 feet to a angle iron found At the
intersection of the said north right-of-way line of Burt Street and the said west right-of-way line
of Grove Street for the southeast comer of said Tracts 3&4 and an interior comer of the said
1.577 acre tract;
THENCE North 00°02'39'East along the east line of said Tracts 3&4 and Tract 7 of the said
Clerks File No.2006019380 tract being the said west right-of-way line of Grove Street a
• distance of 180.40 feet to a 5/8'Iron rod found at the Intersection of the said west right-of-way
line of Grove Street and the said south right-of-way line of Tagore Street for the northeast
` comer of said Tract 7 and an interior comer of the said 1.577.acre tract;
/ THENCE South 89'58'15'West along the said south right-of-way line of Tagore Street and an
interior line of the said 1.577 acre tract a distance of 775.60 feet to a W iron pipe found for the
northwest corner of Lot.1,Block 2 of said Hillside Addition for the most westerly southwest
comer of-the said 1.577 acre tract;
THENCE North 00°05'58'East along the most westerly line of the said 1.577 acre tract a
distance of 38.00 feet to POINT OF BEGINNING and containing.1.577 acres(68,677.77 sq.fL)
of land,more or less.
Page 2 of 2
02166.Tr4Ab
FIELD NOTE DESCRIPTION
FOR A 1.087 ACRE TRACT
FOR THE ABANDONMENT OF A
PORTION OF GRANT STREET
OUT OF THE
DAVID BROWN SURVEY,ABSTRACT 5
JEFFERSON COUNTY,TEXAS
MAY 15,2008
TRACT 5-ABANDON
That certain 1.087 acre tract out of the David Brown:urvey,Abstract 5,Jefferson County,
Texas,being the portion of Grant Street between Carroll Street and Grove Street said 1.087
acre tract being more particuiarly described by metes.and bounds as follows:
Note:The Basis of Bearings Is along south right-of4ay line of Van Buren Avenue between
Holly and-Grove Streets,having been called North 89°69'00"East In Clerk`s File No.9842585 of
the Official Public Records of Jefferson County,Texas.
BEGINNING at a%,iron rod found at the Intersection•of the east right-of-way line of Carroll
Street and•the south tight-of-way line of Grant Street for the northwest comer of a called-8.'979
acre tract conveyed to Exxon Mobil Corporation as recorded in Clerks File No.2000041620 of
. the Official Public Records of Jefferson County,Texas and the southwest comer of the said
1.087 acre tract;
THENCE North 19°02'08 West along the west line of the said 1.087 acre tract a distance of
57.55 feet to a%"iron rod found at the Intersection of the said east right-of-wey Ilne'of Carroll
Street and the.north right-of-way line of Grant Street for the southwest comer of a tract
conveyed to the Port of Beaumont Navigation District as recorded in Volume 785,Page 361 of
the Deed Records of Jefferson County,Texas and the northwest comer of the said 1.087 acre
tract;.
THENCE North 89°03'18"East along the south line of the said Port of Beaumont tract,the said
north right-of-way line of Grant Street and the north line of the said 1.087 acre tract a distance of
860.54 feet to.a Pk Nail found for an interior coiner of the said Port of Beaumont tract and the
northeast comer of the said 1.087 acre tract;
THENCE South 01°06'46'West along an Interior line of the said Port of Beaumont tract and the
east line of the said 1.087 acre tract a distance of 57.17 feet to a Pk Nail found at the
intersection of the east right-of-way line of Grove Street and the said south right-of-way line of
Grant Street for an exterior comer of the said Port of Beaumont tract,the northwest cornier of a
called 4.261 acre tract conveyed to Magnolia Petroleum Company as recorded in Volume 732,
Page 475 of the Deed Records of Jefferson County,Texas and the southeast comer of the said
1.087 acre tract;
THENCE South 89.40'12"West along the south line of the said 1.067 acre tract a distance of
60.08 feet to a%"iron rod found at-the intersecdon of the west right-of-way line of Grove Street
• lift do Shipman,Inc
Page i of 2
02166Tr5Ab
l EXHIBIT"D"
f
l
and the said south right-of-way line of Grant Street for the northeast comer of the said 8.979
acre tract and an angle point of the said 1.087 acre tract;
THENCE South 89°11'11"West along the north line of the said 8.979 acre tract,continuing the
said south right-of-way line of.Grant Street and the said south line of the 1.087 acre trial a
distance of 780.54 feet to the POINT OF BEGINNING and containing 1.087 acres(47,354.93
sq.ft.)of land,more or less.
•
. b7ft A ShOmay;Inc.
Page 2 of 2
02166Tr5Ab
FIELD NOTE DESCRIPTION
FOR A 1.519 ACRE TRACT
FOR THE ABANDONKE NT OF A
PORTION OF BUFORD STREET
OUT OF THE
DAVID BROWN SURVEY,ABSTRACT 5
JEFFERSON COUNTY,TEXAS
MAY 15,2008
TRACT 6-ABANDON
That certain 1.518 acre tract out of the David'Brown Survey,Abstract 5,Jefferson County,
Texas,being'a portion of Buford Street,said 1.519 acres being more particularly described by
metes and bounds as follows:
Note:All Bearings and Distances are referenced to Texas Coordinate System,NAD83,South
Central Zone#4204.
BEGINNING at a h"iron rod found In the south right-of-way line of Buford Street for the-east
comer of a tract conveyed to the City.of Beaumont as recorded in Volume 2213,Page 432 of
1 the Deed Records of Jefferson County Texas and the southwest cornier of the said 1.519 acre
tract from which a%"iron rod.found in the east right-of-way line of Carroll Street for the south
corner of the said City of Beaumont tract bean;South 41°49'58"West 63.55 feet(called.South
• 45°00100"West 63.64 feet);
THENCE North 02°3603"West along the west line of the said 1.519 acre tract a distance of
60.00 feet to a point in the north right-of-way line of Buford Street for the northwest comer of the
said 1.519 acre tract
THENCE North 86"51'4T East along the said north right-of-way line of Buford Street•and the
north line of the said.1.519 acre tract a distance of 1.103.77 feet to a concrete monument found
in the west line of a Mobil Oil Corporation 158.34 acre tract(Foe 177)for the northeast comer of
the said 1.519 acre tract;
THENCE South 04°10'56'East along the said west line of the 158.34 acre tract and-the east
line of the said 1.519 acre tract a distance of 59,57 feet to a%a"iron rod found In the said south
right-of-way line of Buford Street for the southeast comer of the said 1'.519 acre tract;
THENCE South 86°47'01"West along the said south right-of-way line of Buford Street and the
south line of the said 1.519 acre tract a distance of 317.80 feet to an angle point;
THENCE South 86°51'47"West continuing along the said south right-of-Way line of Buford
Street and the said south line of the 1.519 acre tract a distance of 786.94 feet to the POINT OF
BEGINNING and containing 1.519 acres(68,168.95 sq.ft.)of land,more or less,
. F12TZ&SHMMAN,INC
Page 1 of 1
Project No.62166Tr6Ab
EXHIBIT"E"
l
. JAMISON STREET
TRACT 7 -ABANDON
Being a 30'x 975'street right-of-way,beginning at the north right-of-way line of Buford Street,
then heading in uorthwestly direction for a distance of 975'to the top of the south bank of the
Neches River channel,City of Beaumont,Jefferson County,Texas,containing 0.67 acres,more
or less.
EXHIBIT"F"
FIELD NOTE DESCRIPTION
FOR A 0.0230 ACRE TRACT
FOR TIM ABANDONMENT OF A
PORTION OF AN ALLEY
OUT OF THE
DAVID BROWN SURVEY;ABSTRACT 5
JEFFERSON COUNTY,TEXAS
MAY 13,20.08
TRACT 2-ABAND ,IN
That certain 0.0230 acre Imct out of the David Brown Survey,Abstract 5,Jefferson County,
Texas,being a portion of an alley out of Bock 4 of Oakwood Addition,a plat recorded in Volume
4 Page 67,of the Map Records of Jefferson County,Texas,said 0.0230 acre tract being more
particularly described by metes and bounds as follows:
Note:The Basis of Bearings is along south right-of-way line of Van Buren Avenue between
Holly and Grove Sheets,having been called North 89°59'00"East in Clerk's rile No.9842565 of
the Official Public Records of Jefferson County,Texas.
BEGINNING at a point ifor the southwest comer of Lot 14 of said Block 4 and the northwest
comer of the.said 0.0230 acre tract;
• THENCE North 89°49'36'East along the south line of said Lot 14 and the north One of the said
alley and the said 0.0230 acre tract a distance of 52.31 feet to a W Iron rod found for the
southeast comerof said Lot 14 and the northeast comer of the said 0.0230 acre tract;
THENCE South 00°02'19"West along the east line of the said 0.0230 acre tract a distance of
19.22 feet to a point in the south line of said alley for the northeast comer of Lot 3 of said Block
4 and the southeast comer of the said 0.0230 acre tract;
THENCE North 89°59'42"West along the north line of said Lot 3 and the said alley being the
south line of the said 0.0230 acre tract a distance of 52.31 feet to a point for the northwest
comer of said Lot 3 and the southwest comer of the said 0.0230 acre tract;
THENCE North 00°02'19'East along the west line of the said 0.0230 acre tract a distance of
19.00 feet to POINT OF BEGINNING and containing 0.0230 Acres(1001.29 sq.it)of land,
more or less.
• Fmt&Shipman,Inc
Page 1 of 1
02166Tf2M
EXHIBIT"G"
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6
August 12,2008
Consider approving the remounting of two (2)EMS ambulance boxes onto new cabs and chassis
RICH WITH OPPORTUNITY
BEA.,UMON*
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: August 12, 2008
REQUESTED ACTION: Council consider approving the remounting of two(2)EMS
ambulance boxes onto new cabs and chassis.
RECOMMENDATION
The administration recommends approval of the purchase from Frazer, Ltd. of Bellaire, Texas,
through the Houston-Galveston Area Council (H-GAC) cooperative purchasing program for a
total of$67,050. This total includes an H-GAC administrative fee of$600.
BACKGROUND
H-GAC is a cooperative purchasing association providing cities and political subdivisions with the
means to purchase specialized equipment at volume pricing. H-GAC complies with the State of
Texas procurement statutes.
The Fleet Replacement schedule for Fiscal Year 2008 included replacing two(2)ambulance cabs
and chassis and refurbishing two(2)modules. The units being refurbished are Unit 7132, which
was purchased in 2000, and Unit 7133 that was purchased in 2001 from Frazer, Ltd. This is the
first remount for both units. When these units are completed, they will become front line units
and replace two other units that will be moved to reserve status. The City operates six(6)front
line ambulances and has three(3)units in reserve.
The cabs and chassis have now been received and are to be remounted with the existing
ambulance boxes. Additionally, the boxes will be refurbished and repaired as part of this
remounting. A tabulation of the entire scope of work and associated costs is attached for review.
Remounting of EMS Ambulance Boa
August 12, 2008
Page 2
Description of Work Cost for Unit Coat for Unit
7132 7133
Basic Remount $11,000 $11,000
Module Upgrade for Diesel Chassis 1,500 1,500
Retrofit volt scene lights with flush mourn 650 650
scene lights
New powder coated aluminum laydown
oxygen box 500 500
Retrofit CPR seat with aluminum box and 650 650
stainless steel cover
Stainless Steel Wheel Covers 350 350
Running Boards 350 350
Stainless Countertops 600 600
Replace Floor 2,850 2,850
Reinstall Air Horns,New Foot Switch 400 400
Upgrade door switch,outlets 225 225
New Chair with Child Safety Seat with 1,200 1,200
Swivel Pedestal
Re-stripe, Re-letter,Repaint 5,900 5,900
Repair Exterior Body Damage 4,400 975
Furnish and Install new 5.5 K Generator, 7,200 jC II
Fuel Tank and Pump Assembly , ;I
Repair and Replace Interior trim and Vents 400
Repaint Cabinets 600
Remove and Reinstall Remote Radio and 525
equipment
H-GAC Fee 300 300
Total Expenditure 538,075 $28,975
BUDGETARY IMPACT
Funds are budgeted in the Capital Reserve Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to approve the purchase of two
(2) EMS ambulance boxes to be mounted onto Unit 7132 and Unit 7133 from Frazer, Ltd.
of Bellaire, Texas, through the Houston-Galveston Area Council (H-GAC) cooperative
purchasing program for a total amount of$67,050.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
August, 2008.
- Mayor Becky Ames -
7
August 12, 2008
Consider amending Section 21-75 of the Code of Ordinances relating to authorized police
positions
RICH WITH OPPORTUNITY
BEA,UMON*
T • E • X • A - S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: August 12, 2008
REQUESTED ACTION: Council consider amending Section 21-75 of the Code of
Ordinances relating to authorized police positions.
RECOMMENDATION
Administration recommends amending Section 21-75 of the Code of Ordinances to increase the
number of Grade II Sergeant positions by one and to decrease the number of Grade I Officer
positions by one.
BACKGROUND
Council approved a resolution authorizing the settlement of the lawsuit styled Scott Lisenby. et al
v. City of Beaumont, et al on July 29, 2008. The total number of authorized positions in the
Police Department will remain the same at 265.
Current Authorized Positions Proposed Authorized Positions
Grade I Officers 205 204
Grade II Sergeants 40 41
Grade III Lieutenants 16 16
Grade IV Captains 3 3
Assistant Chief 1 1
Total 265 265
BUDGETARY IMPACT
The change will have a minimal impact on the City's operating budget.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 21,
SECTION 21-75 OF THE CODE OF ORDINANCES OF THE
CITY OF BEAUMONT TO INCREASE THE NUMBER OF
GRADE 11 SERGEANT POSITIONS IN THE BEAUMONT
POLICE DEPARTMENT FROM 40 TO 41 AND DECREASE
THE NUMBER OF GRADE I OFFICERS FROM 205 TO 204;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR
REPEAL.
Section 1.
That Chapter 21, Section 21-75, of the Code of Ordinances of the City of Beaumont
be and the same is hereby amended to increase the number of Grade 11 Sergeant positions
in the Beaumont Police Department from 40 to 41 and decrease the number of Grade 1
Officers from 205 to 204 as follows:
Sec. 21-75. Grades and Classifications - Police Department
The following grades and classifications are hereby established within
the Police Department:
Grade Classification Positions
I Officers 204
11 Sergeants 41
111 Lieutenants 16
IV Captains 3
Assistant Chief 1
Total 265
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.
Section 3.
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 12th day of
August, 2008.
- Mayor Becky Ames -
8
August 12, 2008
Consider granting a new solid waste collection and transportation service franchise
RICH WITH OPPORTUNITY
BEA,UMON*
T • Z - x - A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: August 12, 2008
REQUESTED ACTION: Council consider granting a new solid waste collection and
transportation service franchise.
RECOMMENDATION
Administration recommends granting a solid waste collection and transportation service franchise
to Mr. Garbage, LLC.
BACKGROUND
According to City Ordinance 28-22.1, no person shall engage in the business of collecting, hauling
or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise
from the City. Four(4)entities currently have nonexclusive franchise agreements with the City
and are doing business in this area. Mr. Garbage, LLC has requested that the City Council grant
the company such franchise agreement. Mr. Garbage is locally owned and operated with its
corporate office located at 4745 Fannett Road in Beaumont.
The requested franchise is generally the same as those previously approved by City Council. It
provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of
gross revenues received for service. It also requires the entity to indemnify the City of Beaumont
and provide insurance which names the City of Beaumont as a named insured.
According to City Charter, franchise ordinances require readings at three(3) separate Council
meetings, with the third not less than thirty(30) days from the first reading. The ordinance does
not take effect until sixty(60)days after its adoption on the third and final reading. After passage,
the ordinance must be published for four(4)consecutive weeks in a newspaper of general
circulation in the city. All publication costs are paid by franchisee. Attached, is a copy of the
franchise agreement for your review.
The first reading of this item took place at the June 24, 2008 council meeting. The second reading
of this item took place at the July 29, 2008 council meeting.
BUDGETARY IMPACT
A franchise fee of seven percent (7%) of gross receipts is paid into the General Fund.
ORDINANCE NO. 08-053
ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR
SOLID WASTE COLLECTION AND TRANSPORTATION
SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
WHEREAS, Mr. Garbage, LLC. (the "Company") has requested a franchise to
operate a solid waste collection and transportation service within the City of Beaumont,
Texas (the "City"); and,
WHEREAS, the City desires to grant such franchise;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
Grant of Authority
There is hereby granted by the City to Mr. Garbage, LLC. the right and privilege to
operate and maintain within the City a solid waste collection and transportation service(the
"service"). For purposes of this franchise, the term "solid waste collection and
transportation service"shall mean the regular business of collection, hauling ortransporting
any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such
material in accordance with law. The franchise granted herein is nonexclusive, and
franchises may be granted to other persons for service.
Section 2.
Term of Franchise
The franchise herein granted shall take effect and be in force sixty (60) days after
the final passage hereof as required by law and upon the filing by the Company of an
acceptance with the City Clerk, and shall continue in force and effect until
The acceptance required hereunder must be in writing and filed
with the City Clerk within thirty (30) days after final passage hereof. Upon the expiration
of the term hereof,this franchise shall continue on a month-to-month basis until terminated
by either party or extended or replaced.
Section 3.
Rates
The Company shall establish rates for service which are uniform as to customer
class based upon such criteria as type of waste, container size, frequency of collection,
and distance of travel. The Company shall file its initial rates for service with its
acceptance as required herein. Such rates shall, unless modified by the City, be effective
with the effective date of this franchise. Any modifications in rates by the Company shall
first be filed with the City Clerk and City Attorney and shall be effective thirty(30)days after
such filing unless modified by City as provided herein. Nothing herein shall prevent the
Company from charging uniform rates which are less than the rates filed with the City. The
City shall have the right to establish rates charged by Company for services performed
hereunder, after notice and hearing. Rates established by the City shall be sufficient to
allow the Company an opportunity to earn a reasonable return on its invested capital used
in providing such services.
Section 4.
Franchise Fee
The Company shall pay to the City, on or before the fifteenth (15th) day of each
month, a sum equal to SEVEN PERCENT(7%)of the gross revenues received for service
in the previous month as payment for the use of the City's streets, alleys and rights-of-way.
The payments herein provided do not relieve Company from the payment of ad valorem
taxes, special assessments, charges, or other fees applicable to the public generally. City
shall have the right, at any reasonable time, to audit the books and records of the
Company and the Company is hereby required to make such books and records available
at the request of City. Upon written acceptance, the Company shall furnish to the City a
listing of customers served, including customer name, address, frequency of pick-up, size
of container or type of service and charge for same. The following reports shall be filed
monthly with the City Manager or his designee along with the street rental payment
required herein:
1. Upon written request and within thirty(30) days of receipt, the
Company shall furnish to the City adequate reconciliation of
reported revenues which would include: a listing of names and
addresses of all customers served, frequency of pick-up, size
of container or type of service and charge for same, and date
service was initiated and discontinued.
Section 5.
Indemnity, Insurance and Bond
The Company shall at all times during the effective period of this franchise, carry
liability insurance as provided herein. The Company covenants and agrees at all times to
indemnify and save harmless the City, its officers, agents, employees, and any member
of the public against any and all injuries, damages, claims, causes of action or loss of
compensation arising or resulting from Company's operations under this franchise,whether
or not such loss was caused by the negligence of the City, its agents, servants or
employees. Upon notice given Company by City, Company must defend at its own
expense, any action or suit brought against the City because of any work or other acts
done by the Company under the terms of this franchise. Counsel chosen by Company to
defend City must be satisfactory to City. Company will pay any final judgment which might
be obtained against City by reason of any work or acts done hereunder by Company, its
agents, servants or employees,and Company will pay all damages occurring to any person
or property, public or private, resulting from any fault or neglect on its part or on the part
of its agents or employees.
The Company agrees to carry insurance as follows:
1) Workers' Compensation
The Company shall furnish the City Clerk a certificate of
insurance indicating workers' compensation coverage as
required by the State of Texas.
2) Automobile Liability Insurance
The Company shall carry, in its own name, a policy in
comprehensive form to insure the automobile liability of its
operation with limits of not less than Five Hundred Thousand
Dollars ($500,000.00) per occurrence for bodily injury and, in
addition, not less than One Hundred Thousand Dollars
($100,000.00) property damage. This policy shall name City
as an additional insured and provide for thirty(30) days notice
to City prior to cancellation. A certificate of insurance certifying
such coverage shall be filed with the City Clerk before the
effective date of this franchise, and it shall be maintained in
force during the term of the franchise.
3) General Liability
The Company shall carry, in its own name, a comprehensive
liability insurance policy including contractual coverage for
operations other than automobile with limits of not less than
Five Hundred Thousand Dollars($500,000.00)per occurrence
for bodily injury, and One Hundred Thousand Dollars
($100,00.00) per occurrence for property damage. The policy
shall name the City as named insured and provide for thirty
(30) days notice to City prior to cancellation. A certificate of
insurance certifying such coverage shall be filed with the City
Clerk before the effective date of this franchise and maintained
in force during the term of the franchise.
Section 6.
Compliance with Laws and Ordinances
The Company shall, at all times during the term of this franchise, be subject to all
lawful exercise of police power by the City and to such reasonable regulations as the City
shall hereafter by ordinance provide. In addition,the Company will observe all city,county,
state, and federal laws regulating the collection and disposal of solid waste.
Section 7.
Service Standard and Equipment
The Company shall maintain and operate its collection system and equipment in
good order to render efficient service subject to the terms of this franchise. All vehicles,
containers, and equipment used for the collection and transportation of solid waste shall
be constructed, operated and maintained to prevent loss of liquid or solid waste material
and to minimize health and safety hazards to solid waste management personnel and the
public. Such vehicles, containers, and equipment used shall be maintained in a clean,
sanitary condition and free from odors at all times. All vehicles and equipment shall comply
with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and
roll-off type containers shall be painted and numbered and shall have the Company's name
and telephone number painted in letters of a contrasting color. Such containers may not
be placed on any street or right-of-way within the City. All collections shall be made directly
from the premises of the customer and any emptied containers returned directly to such
premises.
Section 8.
Providing Services
The Company shall provide service to any person, firm, corporation, association or
entity inside the City of Beaumont who requests such service and is not delinquent in the
payment of collection charges due the Company.
Section 9.
Office
The Company shall establish and maintain office with telephone service and shall
keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except
Saturday, Sunday and holidays.
Section 10.
Interruption of Service
In the event that service shall be interrupted for any reason for more than forty-eight
(48) hours, the City shall have the right to make temporary independent arrangements for
the purposes of continuing this necessary service to its residents in order to provide or
protect the public health and safety. If the interruption in service mentioned herein
continues for a period of seventy-two (72) hours, then the City shall have the right to
terminate the rights and privileges granted in this franchise.
Section 11.
Termination
In the event that any provision of this franchise is violated by the Company,the City
may serve written notice upon the Company of its intention to terminate this franchise. The
notice shall contain the reasons for such intention to terminate the franchise. Unless within
ten (10)days after mailing such notice by City to the Company, such violation shall cease,
or satisfactorily arrangements for correction be made by Company, the City Council may,
after a public hearing in which Company is provided an opportunity to present evidence
concerning such violation, declare the franchise terminated and serve written notice upon
the Company of the termination and the termination of the franchise shall be effective upon
the mailing of such notice.
Section 12.
Transfer of Franchise Rights
Franchise rights granted hereunder shall not be transferred to another without the
approval of City. A single transfer or a series of transfers of Company's stock which
constitute a transfer of a majority interest in Company is subject to the prior approval of
City.
Section 13.
Notices
Where written notices are provided for in this ordinance, same shall be sufficient to
notify Company when provided by certified mail to the address furnished by Company to
City. Notice to City is sufficient if mailed by certified mail to City Manager, P.O. Box 3827,
Beaumont, Texas 77704.
Section 14.
If any section, sentence, clause, paragraph or phrase of this ordinance, other than
Section 4, is for any reason held to be invalid or illegal, such invalidity shall not effect the
remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any
reason, the ordinance shall be immediately invalid.
Section 15.
It is agreed by City and Company that venue of any legal proceedings under this
franchise agreement shall be in Jefferson County, Texas.
Section 16.
Vehicle Permits
Twenty (20) days prior to the effective date of this franchise, the Company shall
furnish to the City a list of all vehicles to be providing solid waste collection and disposal
service under this franchise. Such list shall include state license number, year, make,
model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City
of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize
the City refuse disposal facility. If at any time a vehicle or equipment is found to be in
noncompliance with Section 7 of this franchise,the Company will be notified of its violation
and said equipment or vehicle shall be removed from service upon receipt of written
notification.
Failure to comply with this provision or to falsify the information concerning the
location of the service of the vehicle shall be a material breach of this franchise. Should
City decide not to terminate this franchise because of any violation of this Section,
Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for
a period of sixty (60) days.
PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the
day of G�,IAJAA , 2008.
PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this
f� �)
the day of 4X✓9. , 2008.
PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the
day of , 2008.
- Mayor Pro Tern Samuel -
ACCEPTANCE:
Mr. Garbage, LLC.
By: