HomeMy WebLinkAboutPACKET SEP 01 2009 RICH WITH OPPORTUNITY
BEA,11M0N*
T - E - X - A - S
REGULAR MEETING OF THE CITY COUNCIL
BEAUMONT CIVIC CENTER SEPTEMBER 1, 2009 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Approve Change Order No. 1 for extra work on the Athletic Complex tennis courts
project
B) Authorize the City Manager to increase the Sanitary Sewer Rehabilitation of Small
Diameter Mains Contract-XV Project for"extra work"
C) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary
sewer improvements in Withers and Walton Streets for Pointe North, Hope VI New
Housing
D) Authorize the granting of a Pipeline License Agreement to cross Phelan/Old Sour Lake
Road and Keith Road rights-of-way near the Beaumont Municipal Airport
A
RICH WITH OPPORTUNITY
1117LAIIII�Icl
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: September 1, 2009
REQUESTED ACTION: Council consider the approval of Change Order No. 1 for
extra work on the Athletic Complex tennis courts project.
RECOMMENDATION
Administration recommends the approval of Change Order No.l in the amount of$23,200.
BACKGROUND
A contract in the amount of$1,156,900 for furnishing all materials, labor, equipment and
supplies for the construction of eight (8) tennis courts and additional parking at the Athletic
Complex was awarded on June 16, 2009 to McInnis Construction, Inc. of Silsbee.
Change Order No. 1 provides for the installation of a new masonry refuse container enclosure in
the amount of$4,950. The enclosure designed by Richter Architects was not designed to
prevent damage from refuse trucks and vandalism. A price for a structure similar in design to
ones constructed at the various community centers was requested.
In addition, the change order provides for additional site clearing not specified in the original
contract in the amount of$18,250. The land to be cleared is an area behind the new tennis courts
and an area designated for future expansion. Since equipment is available and onsite, clearing
the land was recommended to create airflow and provide additional security.
The total cost of Change Order No. 1 is $23,200, representing 2% of the original contract
amount. The time for the project will be extended by fifteen (15) days. The date of substantial
completion will be December 12, 2009.
BUDGETARY IMPACT
Funds for this change are available in the Capital Program.
VAIA Document G701"' - 2001
Change odder
PROJECT(Name and address): CHANGE ORDER NUMBER:001 OWNER:
Beaumont Tennis Center and Athletic DATE:August 18,2009 ARCHITECT:
Complex
Beaumont Tennis Center and Athletic CONTRACTOR:
Coatvlex
6455 College Street FIELD:❑
Beaumont.Texas 77707 OTHER:❑
TO CONTRACTOR(Name and address): ARCHITECT'S PROJECT NUMBER:20809.00
Mcbmis Construction CONTRACT DATE:July 13,2009
McInnis Construction CONTRACT FOR:General Construction
Silsbee,Texas
THE CONTRACT IS CHANGED AS FOLLOWS:
(Include,where applicable any undisputed amount attributable to previously executed Construction Change Directives)
Add-replace wood/lattice trash enclosure with painted split face cmu trash enclosure $6,150
Deduct-cost of wood/latucc trash enclosure ($1,200)
Taal proposed addition to contract for dumpster 54.950
Add-clear&haul off additional 30x240'area behind east court complex&clear&
haul off additional 200x2A0'area for future expansion(&airflow)
Taal proposed addition to contract for clearing&hauling $18,250
The original Contract Stun was $ 1,156,900.00
The net change by previously authorized Change Orders $ 0.00
The Contract Sum prior to this Change Order was $ 1,156,900.00
The Contract Sum will be increased by this Change Order in the amount of $ 23,200.00
The new Contract Sum including this Change Order will be $ 1,180.100.00
The Contract Time will be increased by Fifteen(15)days.
The date of Substantial Completion as of the date of this Change Order therefore is December 12,2009
NOTE:This Change Order does not include changes in the Contract Sum.Contract Time or Guaranteed Maximum Price which have
been authorized by Construction Change Directive until the cost and tine have been agreed upon by bah the Owner and
Contractor,in which case a Change Order is executed to supersede the Construction Change Directive.
NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER
Richter Architects McInnis Construction City of Beaumont
ARCHITECT(Firm name) CONTRACTOR(Firm name) OWNER(Firm name)
Richter Archt ,201 South Upper McInnis Construction,Silsbee,Texas City of Beaumont,801 Main Street,
way,CArpus Christi,Tacas 78401 Beaumont,Texas 77701
ADDRESS ADDRESS
By, 11 S BY(Signature) — : BY(Signature)
er Hemanc�z,ALA --L-^ ,�
(Typed name) (Typed name) (Typed name)
August 18,2W9
DATE DATE DATE
AIA Docuawrt 6701--2001.Copyright O 1979,1967,2000 and 2001 by The American tnsfitute of ArchheM.All rlphts naara d.WARN010:This A10
Document is protected by u.S.Copyright tour sat kriernotiaud Tnatlew t)nau@grird reproduction or disc Kition of this AtO Document,or any
portion of it,may nwA In severe civ0 and criminal psnsttles,and will be prosscxted to the maximum extent posslbie under the low.This document was
produced by AtA software at 11:1921 on 08/18/2009 under Order No.1000369458_1 which expires on 828/2009,and is not for resale.
Liew Notee: (105016552)
RESOLUTION NO.
WHEREAS, on June 16, 2009, the City Council of the City of Beaumont, Texas,
passed Resolution No. 09-179 awarding a contract in the amount of$1,156,900 to McInnis
Construction, Silsbee, Texas, for all labor, materials, equipment and supplies for the
construction of eight (8) tennis courts and additional parking at the Athletic Complex; and
WHEREAS, Change Order No. 1 in the amount of$23,200 is required for extra work
to include installation of a new masonry refuse container enclosure and additional site
clearing not specified in the original contract, thereby increasing the contract amount to
$1,180,100;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute Change Order No. 1
for additional work described above, thereby increasing the contract amount by $23,200
for a total contract amount of$1,180,100.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of
September, 2009.
- Mayor Becky Ames -
B
RICH WITH OPPORTUNITY
r
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director
MEETING DATE: September 1, 2009
REQUESTED ACTION: Council approval of a resolution authorizing the City
Manager to increase the Sanitary Sewer Rehabilitation of
Small Diameter Mains Contract-XV Project for"extra
work".
RECOMMENDATION
Administration recommends approval of increasing the Sanitary Sewer Rehabilitation of Small
Diameter Mains Contract-XV Project amount by$38,369. The proposed changes to the contract
will rehabilitate approximately 700 linear feet of 10-inch sanitary sewer lines, remove and replace
two manholes, clean and televise 700 linear feet of damaged lines, post televise 700 linear feet of
rehabilitated lines, replace 18 service connections and increase the contract time by 10 calendar
days. The additional days increases the total contract time to 130 calendar days. The proposed
extra work will represent an increase of 11.02% of the original contract amount. The proposed
extra work is for an alley between Woodrow and Essex.
BACKGROUND
The existing sewer lines built in the 1940's and 1950's have deteriorated and require major
rehabilitation. The primary goals of the project are to restore the integrity of the sanitary sewer
lines, restore the carrying capacity, provide customers with uninterrupted and adequate service
and meet the Sanitary Sewer Overflow Initiative agreement requirements with the state.
Previous actions include:
Resolution 09-158 in the amount of$348,062.75 was passed by City Council on June 2, 2009.
This Change Order is recommended for approval by the City Manager and the Water Utilities
Director.
BUDGETARY IMPACT
Funds for the project are available in the Capital Program.
APPROVAL OF CONTRACT CHANGE
Char,(-,c Order No. I
I)ate: August 25,2009
Project: City of Beaumont
Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XV project
Owner Cite of Beaumont
P.O. Box 3827
Beaumont,Texas 77704
Contractor: horseshoe Construction,Inc.
2309 S. Battleground Rd.
LaPorte,TX 77571
To the Owner: Approval ofthe following contract change is requested.
Reason for Change: To increase the contract amount for "extra work" performed by the Contractor to
rehabilitate approximately 700 linear feet of 10-inch sanitary sewer lines,remove and replace two manholes,
replace 18 service connections, televise 700 linear feet of existing sanitary sewer lines, post televise 700
linear feet of rehabilitated lines and increase the contract time 10 calendar days.
ORIGINAL CONTRACT AMOUNT "8,062.75
THIS CHANGE ORDER:
Description Net Chance
Rehabilitate 700 linear feet of 10-inch sanitary sewer lines. $24.500.
Remove and replace two manholes. $5 6
Replace 18 service connections. $ 5.994.
Televise 700 linear feet of existing sanitary sewer lines. $1,400_
Post televise 700 linear feet of the rehabilitated lines. $ 875_
TOTAL AMOUNT OF THIS CHANGE ORDER: X3,369.
TOTAL REVISED CONTRACT AMOUNT INCLUDING
THIS CHANGE ORDER: $336,431.75.
CONDITION OF CHANGE:
"Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in
this Change Order represents full compensation for all increases and decreases in the cost of,and the time
required to perform the entire work under Contract arising directly or indirectly from this Change Order and
all previous Change Orders. Acceptance of this waver constitutes an agreement between Owner and
Contractor that the Change Order represents an all inclusive, mutually agreed upon adjustment to the
Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly
executed."
Recommended By: Approved By: Accepted By:
Dr. Ilan Tohme,P.E. City of Beaumont Horseshoe Construction,Inc.
Water Utilities Director Owner Contractor
Date:__ __ Date: Date:
RESOLUTION NO.
WHEREAS, on June 2, 2009, the City Council of the City of Beaumont, Texas,
passed Resolution No. 09-158 awarding a contract in the amount of $348,062.75 to
Horseshoe Construction, Inc., of LaPorte, Texas, for the Sanitary Sewer Rehabilitation of
Small Diameter mains Contract - XV; and
WHEREAS, Change Order No. 1 in the amount of$38,369 is required for extra work
to rehabilitate approximately 700 linear feet of 10-inch sanitary sewer lines, remove and
replace two manholes, clean and televise 700 linear feet of damaged lines, post televise
700 linearfeet of rehabilitated lines, replace 18 service connections,thereby increasing the
contract amount to $386,431.75;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute Change Order No. 1
for additional work described above, thereby increasing the contract amount by $38,369
for a total contract amount of $386,431.75.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of
September, 2009.
- Mayor Becky Ames -
c
RICH WITH OPPORTUNITY
1117EA�111�lullll
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: September 1, 2009
REQUESTED ACTION: Council consider a resolution accepting maintenance of the
street, storm sewer, water and sanitary sewer improvements
in Withers and Walton Streets for Pointe North, Hope VI
New Housing.
RECOMMENDATION
The administration recommends approval of the following:
• Withers Street approximately 1,026 feet south of existing Gill Street to existing
Hale Street
• Walton Street approximately 400 feet east of existing Magnolia Street to Withers
Street
Also, recommended for approval are the storm sewer, water and sanitary sewer improvements for
Withers and Walton Streets right-of-way only.
BACKGROUND
The aforementioned improvements in Withers and Walton Streets for Pointe North, Hope VI
New Housing passed final inspection from all entities involved on August 17, 2009.
BUDGETARY IMPACT
None
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WITHERS and WALTON STREET (ROW)
FOR POINTE NORTH,
HOPE VI NEW HOUSING
RESOLUTION NO.
WHEREAS,construction of the street, storm sewer,water and sanitary sewer
improvements constructed in Pointe North, Hope VI New Housing, have been completed
as follows:
Street
• Withers Street approximately 1,026 feet south of existing Gill Street to
existing Hale Street.
• Walton Street approximately 400 feet east of existing Magnolia Street to
Withers Street.
Storm Sewer, Water and Sanitary Sewer Improvements
• Withers Street, right-of-way only.
• Walton Street, right-of-way only.
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 Pointe North, Hope VI New Housing, 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 1st day of
September, 2009.
- Mayor Becky Ames -
D
RICH WITH OPPORTUNITY
r
T • E • X . A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
'f�lr7
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: September 1, 2009
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
Phelan/Old Sour Lake Road and Keith Road rights-of-way near the Beaumont Municipal
Airport.
BACKGROUND
Cimarex Energy Co. has requested permission to install two (2) - 6 inch pipelines across
Phelan/Old Sour Lake Road right-of-way and one (1) - 6 inch pipeline across Keith Road.
The pipelines are for the purpose of transporting oil, gas, water or their refined products from
Cimarex's well near the Beaumont Municipal Airport and will be constructed in accordance
with City requirements.
BUDGETARYIMPACT
There is a one-time fee of$500 for the Pipeline License Agreement and an annual fee of$2.25
per linear foot of pipeline.
engeimarex_airport-ib
25 August 2009
CITY OF BEAUMONT
APPLICATION FOR
PIPELINE LICENSE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
Business Name: CIMAREX ENERGY CO. Business Phone: (918) 585-1100
Business Address: 15 EAST 5TH STREET TULSA, OK 74103
The City of Beaumont,hereinafter called"City", for and in consideration of the sum
specified herein Three thousand three hundred ninety seven and 501100 dollars ($3,397.50)
hereby grants to CIMAREX ENERGY CO. 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)
BEAUMONT MUNICIPAL AIRPORT ROW 1,450 Ft(2 airport row's&Phelan Rd crossinO
AND ROAD CROSSINGS (WATER/UTILITIES) +60 Ft(1 Keith Rd crossine)=Total of 1,510 Ft
ACROSS PHELAN RD &KEITH RD for the installation of two 6"pipelines in a 10"
pipeline.
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 owned by the City of Beaumont.
3
• Any licenses, permits or agreements required by another governmental
entity (County, State or Federal) shall be, obtained and a copy of such
document shall be provided to the City.
If agreement is not required by said governmental entity, then
documentation regarding such will be provided to the City of Beaumont.
• Licensee shall provide copies of all necessary agreements to be obtained
from other City Departments.
• Licensee shall be responsible for acquiring all agreements necessary for the
lawful use of any private property.
• A map showing the location of the proposed pipeline shall be provided.
(1"=2,000' City of Beaumont map or United States Geological Survey
Map)
• The pipeline shall be maintained and operated in such a manner as not to
leak and/or cause damage to any City streets, alley, easements or other
property. Once the pipeline is in operation, any damage that occurs to the
pipeline which results in exposure or release of product must be reported
immediately to the City Fire Department and Public Work's
Department. Licensee shall fully cooperate with the Fire Department and
provide, or assist with providing, any and all necessary notifications,
evacuations or other necessary actions. Leaks or other defects are to be
repaired immediately by Licensee at it's own cost.
• The Licensee shall be responsible for the cleanup and remediation of
contaminated areas due to exposure or release of product and any and all
costs associated with said cleanup and remediation.
• The Licensee shall be responsible for any and all costs associated with the
relocation of the pipeline. As provided, the necessity for relocation of the
pipeline shall be solely within the discretion of City and/or the Texas
Department of Transportation.
• Permits which allow lines to be maintained or constructed in City right-
of-way shall be obtained by Licensee or it's contractor prior to beginning
maintenance or construction. The fee for such permits is in addition to this
License Agreement fee. (See Cost of License)
• Installation will be done in accordance with all City standards and
statutes of the State of Texas.
4
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: S 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
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
5
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.
° 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
6
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.
NOTMICATIONANSPECTION:
• 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:
Nonassi ng able
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 Name of Licensee: CIMAREX ENERGY CO.
P.O. Box 3827
Beaumont,Texas 77704 Address of Licensee: 15 EAST 5TH STREET
Attn: City Manager City and State of Licensee: TULSA,OK 74103
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
APPLICANT'S COMPANY NAME:
(Licensee)
CIMAREX ENERGY CO.
Rep s teey: I "' '
Tie
ATTES :
By:
Secretary
\pipelines\\pipefine_1icense agree 9 Revised 12-14-2007
Fname: ohnston, Inc.
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Texas 77656 ALMONZER HUSTON SURVEY
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9)385-0936 m
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Central Zone
3514' _._._._._
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- - 3513' ----_._._._.
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NOTE: ASHAEL SAVERY SURVEY
ALL THE HORIZONTAL CONTROL IS REFERRED
TO THE TEXAS STATE PLANE COORDINATE Abstract 4 6
SYSTEM,LAMBERT PROJECTION,CENTRAL
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ALL BEARINGS AND ACREAGES ARE GRID. ALI�'IOI VL ER HUSTON O/V �7 UR VEY
TRACT AND LEASE INFORMATION SHOWN
HEREON IS DONE SO BY LIMITED SURVEY Abstract 3 3
DATA AND AVAILABLE DEED RECORD
INFORMATION ONLY AND DOES NOT REFLECT
AN ACTUAL SURVEY.
THIS IS COPYRIGHTED MATERIAL AND THE
PROPERTY OF SHINE 8 JOHNSTON,INC. Prepared In the offices of Shine & Johnston, Inc.
ALL RIGHTS RESERVED.®2009.
F ohnston, Inc.
Box 391 Texas 77656 -a
)385-5266 9)385-0936
90309CS2.dwg CBS e 109 at 12:00 w 9
Jefferson County,Texas 'O ° I
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NOTE: For
ALL THE HORIZONTAL CONTROL IS REFERRED "Cimarex Energy Co."
TO THE TEXAS STATE PLANE COORDINATE
SYSTEM,LAMBERT PROJECTION,CENTRAL In The
ZONE(PER CLIENT REQUEST),NAD 27 DATUM.
ALL BEARINGS A ACREAGES ARE GRID. A�MONZ
TRACT AND LEASE E ER SURVEY INFORMATION SHOWN t K HUSTON I
HEREON IS DONE SO BY LIMITED SURVEY Abstract 33
DATA AND AVAILABLE DEED RECORD
INFORMATION ONLY AND DOES NOT REFLECT
AN ACTUAL SURVEY. �,,,,,.,/,,.r sr.
THIS IS COPYRIGHTED MATERIAL AND THE
PROPERTY OF SHINE&JOHNSTON,INC. Prepared in the offices of Shine & Johnston, Inc.
ALL RIGHTS RESERVED.0 2009.
FSh1nek ohnaton, Inc. Dishman Road
.Box 391 Texas 77656 Tract Line Existing Canal
9)385.5266
9)385-0936
6198.DWG CBS
9 at 11:30
Jefferson County,Texas
Central Zone O
Manion Gas w
Unit No.1
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VOLUME 350 PAGE 404 I
DECEMBER 17,1930
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In The
ASHAEL SA VERY SURVEY Old Sour Lake Road Ex.Moblt Pit.CIL__ Phelan Blvd.
Abstract 46 Survey Line
�. 6 5
And _
ALMONZER HUSTON SURVEY
Abstract 33 proposed \ Roc4Roaa
Jefferson Airplane No.2 F
Prepared in the offices of Shine & Johnston, Inc. ' 1 �en�ar/ine
7name:090619B.DWG ohnston, Inc. X NOTE:
.Box 391 n� ALL THE HORIZONTAL CONTROL IS REFERRED TO THE TEXAS
,Texas 77656 Dishman Road STATE PLANE COORDINATE SYSTEM,LAMBERT PROJECTION,
9)385-5266 .----------- I CENTRAL ZONE(PER CLIENT REQUEST),NAD 27 DATUM.ALL
BEARINGS,DISTANCES AND ACREAGES ARE GRID.
9)385-0936 Tract Line
Existing Canal TRACT INFORMATION SHOWN HEREON
619B.DWG CBS WAS DONE 50 BY DEED RECORD INFORMATION
/09 at 12:15 AND LIMITED SURVEY DATA AND DOES NOT
Jefferson County,Texas Manion Gas Unit No.1 REFLECT AN ACTUAL SURVEY.
Central Zone
I THIS IS COPYRIGHTED MATERIAL AND THE PROPERTY OF
SHINE&JOHNSTON,INC.ALL RIGHTS RESERVED.0 2009.
I
it
I CALLED 400 ACRE TRACT r
FROM C.DOORNBOS TO M.F.YOUNT m
VOLUME 350 PAGE 404 g >
DECEMBER 17,1930 -
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Bar Scale l" = 1000' Meter Si la Proposed
\ Tap Point
Tract Line
Existing Canal
Existing Chevron P/L C/L
Existing Sunco P/L CIL
Note: II
I
Prop.
7+25 R-O-W I Facility
Ex.Power Lines
Ex.Mobil PIL C!L Phelan Blvd.Old Sour Lake Road
Survey Line a 5 Railroad
Existing Exxon
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0 11
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LEGEND
0 =Power Poles
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[1 I Plat Showing The Approximate Location Of A '.
Proposed Pipeline Routes
ASHAEL SAVERY SURVEY For
A-46 ® ",tune "Cimarex Energy Corr
In The
ASHAEL SAVER SURVEY
Railroad Abstract 46
And
ALMONZER HUSTON SURVEY
Abstract 33
I.#. 5r.xcan.
Prepared in the offices of Shine & Johnston, Inc.
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 Cimarex Energy Co. to install two (2) six inch (6") pipelines across
Phelan/Old Sour Lake Road right-of-way and one (1) six inch (6") pipeline across Keith
Road right-of-way for the purpose of transporting oil, gas, water or other refined products.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of
September, 2009.
- Mayor Becky Ames -
RICA WITH OPPORTUNITY
r
T - E - X - A - S
REGULAR MEETING OF THE CITY COUNCIL
BEAUMONT CIVIC CENTER SEPTEMBER 1, 2009 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 2-3/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a request for an amended specific use permit to allow the expansion of a
medical office in an RM-H(Residential Multiple Family Dwelling-Highest Density)
District at 5220 Eastex Freeway
2. Consider exercising the option to purchase the Jefferson Theatre
3. Consider approving contracts for grounds maintenance of City parks
PUBLIC HEARING
* Receive comments on the proposed 2009 (FY 2010) Proposed Tax Rate
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:
Douglas Manning, et al v. City of Beaumont
Derrick Newman v. David Todd Burke, et al
Fannett Entertainment, Inc., 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
September 1,2009
Consider a request for an amended specific use permit to allow the expansion of a medical office
in an RM-H (Residential Multiple Family Dwelling-Highest Density)District at 5220 Eastex
Freeway
RICH WITH OPPORTUNITY
1111LA11111011 (
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: September 1, 2009
REQUESTED ACTION: Council to consider a request for an amended specific use
permit to allow the expansion of a medical office in an RM-
H (Residev ;al Multiple Family Dwelling-Hig lest Density)
District at 5220 Eastex Freeway.
RECOMMENDATION
The Administration recommends approval of the amended specific use permit subject to the
following condition:
• The building shall meet all building code requirements and shall be securely fixed
to a permanent foundation.
BACKGROUND
Dr. John Webb, representing Beaumont Medical Clinic, has applied for an amended specific use
permit.
In August, 1986, City Council approved a specific use permit to allow a parking lot on the
subject property. The parking lot was to serve the Medi-Quick Medical Care Centers medical
office that was located at 5220 Eastex Freeway. At that time,the property was also rezoned to
RM-H.
Beaumont Medical Clinic, the current tenant, has moved a 2,016 sq. ft. portable commercial
building onto a portion of the rear parking lot to augment the existing medical practice. A
building permit was applied for on July 3, 2007. The building had been moved to its present
location approximately seven days prior to the permit application.
Dr. Webb states that the building will be open from 8:30 a.m. to 6:00 p.m. A T tall wood
screening fence exists along the north property line and a portion of the east property line. Staff
has been informed that the building will be at this location for two years. However,windstorm
requirements require that the building be placed on a permanent foundation.
With the placement of the building, the parking lot is being re-arranged to accommodate 39
parking spaces. Twenty-two parking spaces are required for the existing building and the new
addition.
At a Joint Public Hearing held August 17, 2009, the Planning Commission recommended approval
6:0 of an amended specific use permit subject to the following condition:
• The building shall meet all building code requirements and shall be securely fixed
to a permanent foundation.
At the City Council meeting held August 25, 2009, the amended specific use permit was
conditionally approved. However, the address was incorrectly stated as 4229 Eastex
Freeway. The address of the subject property is 5220 Eastex Freeway.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 09-043
TO CORRECT THE PROPERTY DESCRIPTION FOR THE
EXPANSION OF A MEDICAL OFFICE IN AN RM-H (RESIDENTIAL
MULTIPLE FAMILYDWELLING-HIGHESTDENSITY)DISTRICTAT
5220 EASTEX FREEWAY.
WHEREAS, on August 5, 1986, City Council approved Ordinance 86-78 issuing a
specific use permit to Medi-Quick Medical Care Centers to allow a parking lot on property
located at 4325 Treadway, Beaumont, Jefferson County, Texas; and,
WHEREAS, on August 25, 2009, City Council approved Ordinance No. 09-043
amending Ordinance 86-78 to allow the expansion of a medical office in an RM-H
(Residential Multiple Family Dwelling - Highest Density) District on property incorrectly
identified as 4229 Eastex Freeway; and
WHEREAS,the City of Beaumontwishesto ratify and amend Ordinance No. 09-043
to correctly identify the property as 5220 Eastex Freeway, being Tract 98, Plat D-23, F.
Bigner Survey, Ab. 26, City of Beaumont, Jefferson County, Texas, containing 0.2639
acres, more or less; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request to ratify and amend the specific use permit for 5220 Eastex
Freeway; and,
WHEREAS, the City Council is of the opinion that the amendment 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 Ordinance No. 09-043 be ratified and amended by amending the specific use permit
granted to Medi-Quick Medical Care Centers, their legal representatives, successors, and
assigns for that certain tract shown on Exhibit"A" attached hereto and made a part hereof
for all purposes, to correctly identify the property as 5220 Eastex Freeway.
Section 2.
Notwithstanding the site plan attached hereto as Exhibit"B", the use of the property
herein above described shall be in all other respects, subject to all of the applicable
regulations contained in Ordinance No. 09-043 and the regulations contained in Chapter
30 of the Code of Ordinances of the City of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of
September, 2009.
- Mayor Becky Ames -
r: Request for an amended specific use permit to allow the expansion of a ce in an RM-H(Residential Multiple Family Dwelling -High Density) District.
220 Eastex Freeway
Applicant: Beaumont Medical Clinic
0 50 100 200 Feet
I i I I
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EXHIBIT "A"
PLANTER L HACKBERRY
LIGHT & HACKBERRY
BEAUMONT
RADIATOR HACKBERRY TRACT II
0,2639 AC,
C.C.F. 2000000470
Z LIGHT
CD �GGCf
FfNC
�XISTING CONCRETE PARKI LOT
Q 19, SWR, LINE
;.'.PROP........
06, OS fp.........
•yp��MoDUaNc
.....5.,... C.qR U�D•
y� ¢0 .. 36 EXISTING
TRACT I HC, 0 ELECTRICAL
0.5970 AC, HC, '•' 2j PANELS
\ C.C.F. 2000000470 H,c s S6%.8 3,g.
v yC, /ETERS
LA AREA PED ................g60....910,.....'.'.'.'.'.:...'.'.......... WATER
DRIVEWAY AIC, h••.'............................ /
ENTRANCE :.�20 fklSrf -8U1CD1ryG''•'- y
DRIVEWAY DRAIN
•� 41p. WITH GRATE
PARKING LOT ON WEST ''.''''.'. •� /
SIDE DRAINS INTO THE O20''' Qtia '• Ste.
UNDERGROUND STORM SEWER • 23S SLP.• QY
IN EASTEX FREEWAY ••CgHO 4`'0.'.'.'.'.'.'.' •`�PaO • / �P�
s /
9�Cy�9i DRIVEWAY DRAIN
�� 69 WITH GRATE
PARKING LOT ON EAST DRAINS
INTO THE ROAD DITCH AND TO
PARKINf =ICES / AN 'NI ET INTO THE STORM
33 REGL;LAR SPA, SFuER AT EASTEX FREEWAY
7 H. SPA / OPEN ROAD DI i CH
CvS/STORM SEVER INL-T �P E OF
...........
SITE PLAN OF STEVEN Rk BO HER
;.........................:....
PROPOSED IMPROVEMENTS ` 5056
AT THE 0FfS510�P 4
BEAUMONT MEDICAL CLINIC "s'u'p
5220 EASTEX FREEWAY
BEAUMONT,TEXAS
Jefferson County Texas
A."y 4 2009 —
SHEET 2 OF 2 Steven Ray Boucher
SCALE 1" = 40' Registered Professional Land Surveyor No. $056
* Approval subject to the following condition:
• The building shall meet all building code requirements and shall be securely fixed
to a permanent foundation.
EXHIBIT "B"
2
September 1, 2009
Consider exercising the option to purchase the Jefferson Theatre
RICH WITH OPPORTUNITY
BEA,IIMON*
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: September 1, 2009
REQUESTED ACTION: Council consider exercising the option to purchase the
Jefferson Theatre.
RECOMMENDATION
Administration recommends exercising the option to purchase the Jefferson Theatre for one dollar
($1.00).
BACKGROUND
In June 2006, the City entered into an agreement with the Jefferson Theatre Limited Partnership
(JTLP) to assume all responsibilities for the operation and maintenance of the Jefferson Theatre.
JTLP received tax credits as a part of a major renovation in 2003 and could not relinquish
ownership until after June 2009. The agreement grants the City I" right of refusal to purchase the
Jefferson Theatre for one dollar($1.00).
The agreement stipulates that upon exercising this option, the City will prepare a Special
Warranty Deed transferring title to the City.
Daily operation and maintenance of the facility,is managed by the Event Facilities and Libraries
Department. Since the City has assumed maintenance of the facility, the roof has been replaced
and the outdoor marquee has been refurbished.
BUDGETARY IMPACT
Funds are available in the Event Facilities and Libraries Department budget.
RESOLUTION NO.
WHEREAS, in June, 2006, the City of Beaumont entered into a Lease and
Management Agreement with the Jefferson Theatre Limited Partnership ("JTLP") for the
operation and maintenance of the Jefferson Theatre; and
WHEREAS, said agreement offered to the City of Beaumont the first right of refusal
to purchase the Jefferson Theatre for One Dollar ($1.00) after the expiration of tax credit
obligations of JTLP; and
WHEREAS,said tax credit obligations have expired and the parties wish to exercise
the option to purchase and the City Manager agrees to accept ownership of the property;
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the option to purchase the Jefferson Theatre for the amount of One Dollar ($1.00)
be and the same is hereby exercised, said property to be conveyed to the City of
Beaumont by Special Warranty Deed, substantially in the form attached hereto as Exhibit
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of
September, 2009.
- Mayor Becky Ames -
i
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NO. OR DRIVER'S LICENSE NO.
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
SPECIAL WARRANTY DEED
That,the JEFFERSON THEATRE LIMITED PARTNERSHIP,ofthe County of Jefferson,
State of Texas,hereinafter called GRANTORS for and in consideration of the sum of ONE AND
NO/100($1.00)DOLLARS and other good and valuable consideration,to it in hand paid by the City
of Beaumont, a municipal corporation, domiciled in Jefferson County, Texas, hereinafter called
GRANTEE, for the conveyance of the hereinafter described property,the receipt and sufficiency of
which is hereby acknowledged and confessed,have GRANTED, SOLD and CONVEYED, subject
to the reservations and exceptions hereinafter made, and by these presents do GRANT, SELL and
CONVEY unto the said CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, and
to its successors and assigns forever the property described as follows:
Lot Two Hundred Three (203), West Twenty-two and Seven
Hundredths feet(W22.07')of Lot Two Hundred Four(204)and Lots
Two Hundred Six and Seven (206 & 207), Tract Two (2), in Block
Forty (40) of the Original Town of Beaumont Addition, an addition
to the City of Beaumont, Jefferson County, Texas, according to the
plat thereof, on file, and of record in Volume 448, Page 249 of the
Deed Records in the office of the County Clerk of Jefferson County,
Texas; and being the same tract conveyed to Jefferson Theatre
Preservation Society as recorded in Volume 2036, Page 442 of the
Deed Records of Jefferson County, Texas.
GRANTORS do hereby except and reserve from this conveyance unto itself, its successors
and assigns,forever, all of the oil,gas,and sulphur in and under the land herein conveyed but waive
all rights of ingress and egress to the surface thereof for the purpose of exploring,developing,mining
or drilling for same.
EXHIBIT "A"
This conveyance is expressly made subject to all zoning laws and to restrictions,covenants,
conditions, easements and mineral and/or royalty reservations, if any, effecting the property.
TO HAVE AND TO HOLD the above described premises together with all and singular the
rights and appurtenances thereto and in any wise belonging, unto the said GRANTEE and
GRANTEE'S successors and assigns, forever; and said GRANTORS bind themselves and their
successors and assigns to warrant and forever defend all and singular the said premises unto the said
GRANTEE and GRANTEE'S successors or assigns, against every person lawfully claiming or to
claim all or any part of the property, subject to the provisions stated above, when the claim is by,
through, or under GRANTORS but not otherwise.
EXECUTED this the day of , 2009.
JEFFERSON THEATRE LIMITED PARTNERSHIP
By 345 FANNIN PARTNERS, INC., General Partner
By:
By:
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on this the day of , 2009, by
of 345 Fannin
Partners, Inc., as General Partner of Jefferson Theatre Limited Partnership, on its behalf.
Notary Public, State of Texas
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on this the day of , 2009, by
of 345 Fannin
Partners, Inc., as General Partner of Jefferson Theatre Limited Partnership, on its behalf.
Notary Public, State of Texas
RETURN TO: City of Beaumont
c/o Ilona N.Baker
P.O.Box 3827
Beaumont,TX 77704 jell theatre
I
3
September 1, 2009
Consider approving contracts for grounds maintenance of City parks
.l i `.V i i I± l,1 t'F it ks. i N;
C A,11 1�1 C1 I T4(
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer.7-
MEETING DATE: September 1, 2009
REQUESTED ACTION: Council consider authorizing the award of an annual contract for
grounds maintenance of City parks and triangles.
RECOMMENDATION
The administration recommends the award of annual contracts to Garden of Gethsemane Nursery &
Landscaping, LLC, of Beaumont in the estimated amount of$71,571, and Perfect Cut Lawn Care of
Beaumont in the estimated amount of$62,784.
BACKGROUND
This contract provides labor, materials and equipment for grounds maintenance for twenty-nine (29)
parks totaling approximately two hundred eighteen (218) acres and twenty (20) triangles totaling
approximately three (3) acres. The contract is for one year with renewal options not to exceed two years
at the contract prices.
In previous years it has been difficult for a single contractor to maintain the volume of work required;
therefore, the contract has been divided geographically into four sections. A listing of parks and
triangles in each section is attached for reference.
Eleven (11) vendors were notified with nine (9) vendors responding. Bidders were requested to bid
each section separately and bids were evaluated for price, experience, and capability to successfully
perform the work. The lowest bidder for all four sections was Garden of Gethsemane. The next lowest
bidder was Perfect Cut Lawn Care. The most advantageous award based on the criteria is Sections I, II
and IV to Garden of Gethsemane and Section III to Perfect Cut Lawn Care.
Award of Parks and Triangles Grounds Maintenance Contract
September 1, 2009
Page 2
Bid results are as follow:
Section I
Contractor Annual Cost
Garden of Gethsemane $27,204.00
Perfect Cut Lawn Care $40,272.00
Bio Landscape & Maintenance $154,248.03
Olguin Brothers $75,250.00
Yardboy Lawncare Service $188,220.00
Northstar Unlimited $257,260.80
Southeast Texas Lawn & Maintenance $303,156.00
Section II
Contractor Annual Cost
Garden of Gethsemane $18,786.00
Perfect Cut Lawn Care $24,420.00
Elite Lawncare $102,900.00
Bio Landscape & Maintenance $54,740.31
Olguin Brothers $56,865.00
Yardboy Lawncare Service $119,160.00
Northstar Unlimited $167,716.80
Southeast Texas Lawn & Maintenance $117,786.00
Award of Parks and Triangles Grounds Maintenance Contract
September 1, 2009
Page 3
Section III
Contractor Annual Cost
Garden of Gethsemane $45,717.00
Perfect Cut Lawn Care $62,784.00
Bio Landscape & Maintenance $117,738.83
Olguin Brothers $138,105.00
Yardboy Lawncare Service $289,515.00
Northstar Unlimited $483,540.00
Southeast Texas Lawn & Maintenance $251,445.00
Section IV
Contractor Annual Cost
Garden of Gethsemane $25,581.00
Perfect Cut Lawn Care $41,850.00
A Better Home $45,678.75
Bio Landscape & Maintenance $67,322.37
Olguin Brothers $78,150.00
Yardboy Lawncare Service $166,950.00
Northstar Unlimited $270,900.00
Southeast Texas Lawn & Maintenance $173,025.00
Attached for your review is a schedule of the grounds maintenance by location and acreage.
BUDGETARY IMPACT
Funds are available for this expenditure in the Parks and Recreation Department's operating budget.
Award of Parks and Triangles Grounds Maintenance Contract
September 1, 2009
Page 4
Grounds Maintenance Project Area
SECTION I ADDRESS ACREAGE
Guseman Park 8150 Park North Dr. 2.70
Lefler Park 6755 Comstock Rd. 45.36
Halbouty Park 5780 Gober 6.04
Wuthering Heights Park 3650 Delaware 19.95
Combest Park 3395 Blackmon Lane 2.80
Ida Reed Park 2348 Louisiana 2.25
J.P. Richardson Center 1870 Louisiana 1.50
Gilbert Park 2813 Calder 2.07
800 Ascot Triangle 0.12
500 Jay @Hooks Triangle 0.06
400 Jay ce, Kohler Triangle 0.44
1200 Oakcrest Triangle 0.03
TOTAL SECTION I ACREAGE - PARKS AND TRIANGLES 83.32
SECTION 1I ADDRESS ACREAGE
Rogers Park 1455 Dowlen 15.49
Forest Park 380 Potter 2.50
Perlstein Park 8900 Landis 9.32
Caldwood Park 250 E. Caldwood 2.50
100 W. Circuit Triangle 0.02
700 Rankin Triangle 0.14
TOTAL SECTION II ACREAGE - PARKS AND TRIANGLES 29.97
Award of Parks and Triangles Grounds Maintenance Contract
September 1, 2009
Page 5
Grounds Maintenance Project Area
SECTION III ADDRESS ACREAGE
Pine Street Park 3410 Pine St. 8.64
Magnolia Park 2855 Magnolia 16.85
Cottonwood Park 200 Cottonwood 2.58
Babe Zaharas Park & Museum Grounds 1750 IH 10 E 26.97
Wiess Park 255 Magnolia 2.76
Pipkin Park 1350 Pennsylvania 4.91
Fletcher Mini Park 1090 Avenue C 0.20
Charlton Pollard Park 2025 Sabine Pass 3.54
Jacobs Park 2320 Jacobs 0.50
Martin Luther King, Jr. Park MLK Pkwy & College St. 3.30
Roberts Park 2755 Avenue C 2.07
2800 Arthur Triangle 0.18
1600 Avenue C. Triangle 0.14
1500 Burt C(v Carroll Triangle 0.25
4000 East Lynwood Triangle 0.17
2400 West Lynwood Triangle 0.17
1200 Joachim @ Blanchette Triangle 0.14
2100 Royal @ Ave. G Triangle 0.14
1900 Royal @ Ave. F Triangle 0.01
Pecos Blvd. 0.64
TOTAL SECTION III ACREAGE - PARKS AND TRIANGLES 74.16
Award of Parks and Triangles Grounds Maintenance Contract
September 1, 2009
Page 6
Grounds Maintenance Project Area
SECTION IV ADDRESS ACREAGE
Chaison Park 1305 Harriot 2.10
McLean Park 2255 Pecos 2.75
Central Park 640 Fourth 9.83
Liberia Park 2305 011ie 4.25
Sprott Park 4325 Usan 10.00
Alice Keith Park 4050 Reed 14.14
800 Eighth Triangle 0.10
Fannett& 11`x' Triangle 0.25
700 Harriot @ Kenneth Triangle 0.01
1500 Pipkin Triangle 0.04
1700 Sarah @ Bob Triangle 0.01
TOTAL SECTION IV ACREAGE - PARKS AND TRIANGLES 43.48
RESOLUTION NO.
WHEREAS, bids were received for an annual contract for grounds maintenance of
City parks and triangles geographically divided into Sections I, II, III, and IV; and,
WHEREAS, Garden of Gethsemane Nursery & Landscaping, LLC, of Beaumont,
submitted a bid in the amount of $27,204.00 for Section I, $18,786.00 for Section II and
$25,581.00 for Section IV for a total contract amount of $71,571 and Perfect Cut Lawn
Care of Beaumont, submitted a bid in the amount of$62,784 for Section III; and,
WHEREAS, City Council is of the opinion that the bids submitted by Garden of
Gethsemane Nursery & Landscaping, LLC, and Perfect Cut Lawn Care of Beaumont
should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bids submitted by Garden of Gethsemane Nursery & Landscaping, LLC, in the
total amount of$71,571 and Perfect Cut Lawn Care in the amount of $62,784 for annual
contracts for grounds maintenance of City parks and triangles be accepted by the City of
Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of
September, 2009.
- Mayor Becky Ames -
PUBLIC HEARING
* Receive comments on the proposed 2009
(FY 2010) Proposed Tax Rate
RICH WITH OPPORTUNITY
[11'C"A,11MONT
�
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura H. Clark, Chief Financial Officer
MEETING DATE: September 1, 2009
REQUESTED ACTION: Council to hold a second public hearing on the 2009 (FY
2010) Proposed Tax Rate.
RECOMMENDATION
Administration recommends that Council hold a second public hearing,as scheduled,on the 2009(FY
20 10)Proposed Tax Rate of$0.6400. In accordance with the Property Tax Code, the Council must
make the following announcement: The meeting to vote on the tag rate will be held on September
22, 2009 at 1:30 p.m. in the Beaumont Civic Center.
BACKGROUND
Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws in
adopting their tax rate. Two public hearings are required if the proposed tax rate exceeds the lower
of the effective tax rate or the roll back tax rate. A Notice of Public Hearing on Tax Increase is
required to be published in the newspaper, on the city website, and on a television channel, if
available. The notice was published in the newspaper, on the website and on the cable 4 channel on
August 18, 2009 regarding the proposal to increase total tax revenue from properties on the tax roll
by 3.55%. Although the proposed tax rate is remaining the same, the increase is related to an
increase in appraised values and new property added to the tax roll this year.
BUDGETARY IMPACT
Applying the proposed tax rate of $.6400 and a 97% collection rate, budgeted revenues of
$28,003,000 and $12,703,000 respectively to the General and Debt Service Funds are anticipated.
The total rate of$0.6400 is apportioned$0.440277/$100 assessed valuation to the General Fund and
$0.199723/$100 assessed valuation toward the Debt Service Fund.