HomeMy WebLinkAboutPACKET FEB 16 2010 RICH WITH OPPORTUNITY
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T • E - X - A - S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS FEBRUARY 16, 2010 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
Larue Smith would be appointed to the Library Commission. The term would commence
February 16, 2010 and expire February 15, 2012. (Councilmember Jamie D. Smith)
Gene Bush would be appointed as Chairman of the Parks and Recreation Advisory Committee.
The term would commence February 16, 2010 and expire February 15, 2011. (Mayor Becky
Ames)
A) Approve a resolution supporting the Texas Open Meetings Act
B) Authorize the City Manager to execute all documents necessary for the Beaumont Public
Health Department to continue to provide the Chambers County Health Department with
all activities relating to public health emergency preparedness
C) Authorize the City Manager to execute all documents necessary to accept funding for the
Cardiovascular Health and Wellness Grant for the Beaumont Public Health Department
D) Authorize the City Manager to execute all documents necessary for the Beaumont Public
Health Department to continue to provide the Orange County Health Department with all
activities relating to public health emergency preparedness
E) Authorize the City Manager to execute all documents necessary for the Beaumont Public
Health Department to continue to provide the Hardin County Health Department with all
activities relating to public health emergency preparedness
F) Approve a resolution authorizing the acquisition of property for the Concord Road
Pavement Widening Project
G) Authorize the granting of a Pipeline License Agreement to cross city right-of-way near
the Beaumont Municipal Airport
H) Authorize the acceptance of a water line easement to provide access for fire protection
services at 1650 East Lucas
I) Authorize acceptance of supplemental funding for the Southeast Texas Auto Theft Task
Force
A
RICH WITH OPPORTUNITY
1117LA, �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorneo&---*,
MEETING DATE: February 16, 2010
REQUESTED ACTION: Council to consider a resolution of support for the Texas
Open Meetings Act.
RECOMMENDATION
Administration recommends the adoption of a resolution of support for the Texas Open Meetings
Act.
BACKGROUND
There has been controversial litigation surrounding the current Texas Open Meetings Act. The
resolution submitted for your consideration is one in support of the Texas Open Meetings Act.
BUDGETARY IMPACT
None.
RESOLUTION
WHEREAS, the Texas Open Meetings Act embodies our fundamental commitment
to open and accessible government and our nation's founding principle that elected and
appointed government officials work for the public good; and
WHEREAS, the people have a right to know about their government, the officials
they elect to represent them, the policies they implement on their behalf and the manner
in which taxpayer money is spent; and
WHEREAS, open meeting laws benefit public officials as well as citizens in general;
and
WHEREAS, the First Amendment was enacted in response to a young nation's
demand for a guarantee of basic freedoms for its citizens; and
WHEREAS, many of those states which have enacted an open meetings law have
imposed criminal penalties for open meeting violations, including the possibility of
imprisonment; and
WHEREAS, the Texas Open Meetings Act imposes criminal penalties on public
officials who knowingly participate in closed meetings not otherwise permitted under the
Act;
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City of Beaumont supports the Texas Open Meetings Act as a means of
promoting open government at all levels of government.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
February, 2010.
- Mayor Becky Ames -
B
RICH WITH OPPORTUNITY
[117CA,111�lcl
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Ingrid Holmes, Public Health Director
MEETING DATE: February 16, 2010
REQUESTED ACTION: Council consider authorizing City Manager to execute all
documents necessary for the Beaumont Public Health
Department to continue to provide the Chambers County
Health Department with all activities relating to public health
emergency preparedness.
RECOMMENDATION
Administration recommends council approval.
BACKGROUND
The Local Public Health Emergency Preparedness Grant from the Department of State Health
Services (D.S.H.S.) requires the Beaumont Public Health Department to provide the Chambers
County Health Department with all activities relating to public health emergency preparedness
services. The Department of State Health Services (D.S.H.S.) will provide the Beaumont Public
Health Department grant funds for FY'10 in the amount of$110,285.00 to provide the services.
BUDGETARY IMPACT
None. There is not a match requirement.
RICH WFTF OPPORTUNITY
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T • E • X A - $
City of Beaumont
Public Health Department
Epidemiology Division
The City of Beaumont will provide Chambers County with all activities relating to public health
emergency preparedness services.
During the term of this agreement, the following performance measures in the FY'10 Public Health
Emergency Preparedness Grant will include the following:
1. Increase the use and development of interventions known to prevent human illness from
chemical, biological, radiological agents, and naturally occurring health threats.
2. Decrease the time needed to classify health events as terrorism or naturally occurring in
partnership with other agencies.
3. Decrease the time needed to detect and report chemical, biological, radiological agents in
tissue, food, or environmental samples that cause threats to the public's health.
4. Improve the timeliness and accuracy of information regarding threats to the public's health as
reported by clinicians and through electronic early event detection in real time to those who
need to know.
5. Decrease the time to identify causes, risk factors, and appropriate interventions for those
affected by threats to the public's health.
6. Decrease the time needed to provide countermeasures and health guidance to those affected
by threats to the public's health.
7. Decrease the time needed to restore health services and environmental safety to pre-event
levels.
8. Increase the long-term follow-up provided to those affected by threats to the public's health.
9. Decrease the time needed to implement recommendations from after-action reports following
threats to the public's health.
10. Increase community awareness regarding the HIN1 virus thru effective planning to identify
target population, prevention, and conduct a full-scale vaccination campaign.
950 Washington Blvd. •Beaumont,TX 77704
(409)839-4208 or 1-866-815-0600-Fax(409)835-2545
The City of Beaumont will receive$ 110,285 from Department of State Health Services(DSHS)for
these services that will be provided to Chambers County.
The Beaumont Public Health Department will designate a liaison who will manage day to day
activities on behalf of Chambers County.
For the City of Beaumont For Chambers County
City Manager County Judge
Date Date
950 Washington Blvd. •Beaumont,TX 77704
(409)839-4208 or 1-866-815-0600•Fax(409)835-2545
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute all documents
necessary for the Beaumont Public Health Department to continue to provide the
Chambers County Health Department with all activities relating to public health emergency
preparedness services through the Department of State Health Services Local Public
Health Emergency Preparedness Grant in the amount of $110,285.00.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
February, 2010.
- Mayor Becky Ames -
c
RICH WITH OPPORTUNITY
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C ► �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Ingrid Holmes, Public Health Director
MEETING DATE: February 16, 2010
REQUESTED ACTION: Council consider authorizing City Manager to execute all
documents necessary to accept funding for the Cardiovascular
Health and Wellness Grant for the Beaumont Public Health
Department.
RECOMMENDATION
Administration recommends council approval.
BACKGROUND
The Texas Department of State Health Services (DSHS)has awarded the Beaumont Public Health
Department grant funds for the Cardiovascular Health and Wellness Grant in the amount of
$20,000.00. This contract begins 02/01/2010 and ends on 08/31/2010.
BUDGETARY IMPACT
City would receive grant funding in the amount of$20,000.00.
,I
CONTRACT NO. 2010-034668
PROGRAM ATTACHMENT NO. 001
PURCHASE ORDER NO. 0000359654
CONTRACTOR: CITY OF BEAUMONT
DSHS PROGRAM: Cardiovascular Health and Wellness Program
TERM: 02/01/2010 THRU: 08/31/2010
SECTION I. STATEMENT OF WORK:
Texas Cardiovascular Health and Wellness (CHW) Program shall contract with local city
contractors. The Contractor shall develop or participate in a local public/private planning group to
plan, implement, and evaluate evidence based stroke public education campaigns to increase
knowledge of signs and symptoms of stroke and calling 911.
• Contractor must address the Texas Plan to Reduce Cardiovascular Disease and Stroke 2008
Goals and Objectives related to stroke: Goal III which states: Texans will experience
improved cardiovascular health and quality of life through the early detection and treatment
of heart attack and stroke; and
• Objective: Increase the proportion of adults who are aware of the early warning signs and
symptoms of heart attack and stroke and the importance of calling 911.
Contractor shall address criteria from the following Heart and Stroke Healthy City Indicators 1,6,9,
and 10 and provide evidence that it is implementing criteria from these Indicators:
• Indicator 1: Cardiovascular disease and stroke ongoing public information campaigns are
provided in the community;
• Indicator 6: A plan is in place to reduce disparities in Cardiovascular Disease, CVD, and
stroke;
• Indicator 9:Stroke is treated as a medical emergency in the community and appropriate acute
stroke treatment protocols are in place; and
• Indicator 10: Health sites in community promote primary and secondary prevention of CVD
and Stroke.
Contractor shall implement and evaluate at least one evidence-based signs and symptoms public
education campaign from the Stroke Public Education Toolkit:
• American Academy of Neurology, American College of Emergency Physician, American
Stroke Association: Give Me Five;
• American Stroke Association:Many Face Of Stroke or The Power to End Stroke;
• National Institute of Health,National Institute of Neurological Disorders and Stroke:
Know Stroke;
• National Stroke Association: F.A.S.T- Face,Arms, Smile and Time; and
PROGRAM ATTACHMENT—Page 1
■ Massachusetts Health Promotion Clearing House: Stroke Heroes Act FAST
Contractor shall comply with all applicable federal and state laws,rules,regulations,standards,and
guidelines. All activities shall be performed in accordance with the following documents:
• Texas Plan to Reduce Cardiovascular Disease and Stroke 2008;
• Heart and Stroke Healthy City Recognition Program Toolkit; and
• Stroke Public Education Toolkit.
SECTION U. PERFORMANCE MEASURES:
The following performance measures will be used to assess, in part, Contractor's effectiveness in
providing services described in this Program Attachment,without waiving the enforceability of any
of the other terms of the Contract.
By August 31, 2010 Contractor shall:
• Develop or involve a diverse community planning group to develop and implement
local activities. Submit a roster of members and minutes of the group meetings. The
minutes shall reflect that the group has met at least quarterly; includes representation
from the local health department, Emergency Management System Regional Advisory
Council, (EMS RAC), worksite(s),healthcare entities and the community; and has
committed to assist in the implementation of the plan. The roster shall reflect the
diversity of the community and populations at highest risk;
• Obtain a letter of support/commitment from the EMS RAC;
• Conduct or provide results from a recent(within the past year)Heart and Stroke Healthy
City Recognition Program Assessment to determine the status of policy, system, and
environmental supports within the community on stroke;
• Develop a Community Stroke Signs and Symptoms Education Action Plan. The plan
should implement criteria under the HSHC Program Indicators 1, 6, 9, and 10. The
plan shall also address Goals 3-4 of the Texas Plan to Reduce Cardiovascular Disease
and Stroke 2008. The Action Plan shall include SMART* (as shown below)
objectives and detailed activities on how to achieve the objectives, as well as a
specific objective to evaluate the implemented activities. The Action Plan should
include objectives that will impact populations at highest risk for stroke and a
timeline that demonstrates that all activities will be implemented and evaluated by the
end of the program attachment term(August 31,2010)SMART Objectives are:
• S- Specific(what will be done);
• M- Measurable(notes a baseline and intended outcome in the objective);
• A- Achievable(can be done in funding time period);
• R- Realistic(is not overly ambitious in scope for funding and time allocations);
and
• T-Time-phased(notes a By When to be accomplished date);
• Have begun implementation of at least one specific stroke signs and systems public
education initiative in the community, using the Stroke Public Education Toolkit as a
resource; and
PROGRAM ATTACHMENT—Page 2
• Report quarterly on the activities to develop,implement, and evaluate the Action Plan,
including a description of key elements leading to the successful implementation and
evaluation of the Action Plan and barriers that arose during the project. Report due dates
are as follows;
• April 30, 2010;
• July 30, 2010; and
• September 30,2010
• Provide one presentation to the Texas Council on CVD and Stroke during their Fall 2010
quarterly meeting to update the Council on the progress of the project (date to be
determined).
SECTION III. SOLICITATION DOCUMENT:
EXEMPT- Governmental Entity
SECTION IV. RENEWALS:
DSHS may renew the Program Attachment for up to one(1)additional one-year term at DSHS's sole
discretion.
SECTION V. PAYMENT METHOD:
Cost Reimbursement
SECTION VI. BILLING INSTRUCTIONS:
Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and
acceptable supporting documentation for reimbursement of the required deliverables. The B-13 can
be found at the following link http://www.dshs.state.tx.us/grants/forms.shtm. Vouchers and
supporting documentation should be mailed or submitted by fax or electronic mail to the
address/number below.
Department of State Health Services
Claims Processing unit,MC1940
P.O.Box 149347
Austin,Texas 78714-9347
The fax number for submitting State of Texas Purchase Voucher(Form B-13)to the Claims
Processing Unit is (512)458-7442. The email address is invoices @dshs.state.tx.us.
SECTION VII. BUDGET
SOURCE OF FUNDS: STATE
PROGRAM ATTACHMENT—Page 3
SECTION VIII. SPECIAL PROVISIONS:
General Provisions, Article XIH, General Terms, Section 13.15 Amendment, is amended to
include the following:
Contractor must submit all amendment and revisions request in writing to the Division
Contract Management Unit at least 90 days prior to the end of the term of this Program
Attachment.
Contractor shall notify DSHS Executive Director of the Texas Council on CVD and Stroke of any
changes in project in project staff or contact information within fourteen(14)calendar days of such
change(s).
PROGRAM ATTACHMENT—Page 4
2010-034668-001
Categorical Budget:
PERSONNEL $2,195.00
FRINGE BENEFITS $1,251.00
TRAVEL $1,287.00
EQUIPMENT $2,609.00
SUPPLIES $10,658.00
CONTRACTUAL $0.00
OTHER $2,000.00
TOTAL DIRECT CHARGES $20,000.00
INDIRECT CHARGES $0.00
TOTAL $20,000.00
DSHS SHARE $20,000.00
CONTRACTOR SHARE $0.00
OTHER MATCH $0.00
Total reimbursements will not exceed $20,000.00
Financial status reports are due: 06/01/2010, 08/30/2010, 11/01/2010
Equipment List Attached.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute all documents
necessary to accept funding in the amount of $20,000 for the Cardiovascular Health and
Wellness Grant awarded by the Texas Department of State Health Services to the
Beaumont Public Health Department.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
February, 2010.
- Mayor Becky Ames -
D
RICH WITH OPPORTUNITY
1117EA,
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Ingrid Holmes, Public Health Director
MEETING DATE: February 16, 2010
REQUESTED ACTION: Council consider authorizing City Manager to execute all
documents necessary for the Beaumont Public Health
Department to continue to provide the Orange County
Health Department with all activities relating to public health
emergency preparedness.
RECOMMENDATION
Administration recommends council approval.
BACKGROUND
The Local Public Health Emergency Preparedness Grant from the Department of State Health
Services(D.S.H.S.)requires the Beaumont Public Health Department to provide the Orange County
Health Department with all activities relating to public health emergency preparedness services. The
Department of State Health Services (D.S.H.S.) will provide the Beaumont Public Health
Department grant funds for F)"10 in the amount of$10,000.00 to provide the services.
BUDGETARYIMPACT
None. There is not a match requirement.
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T • E • X • A • $
City of Beaumont
Public Health Department
Epidemiology Division
Memorandum of Understandin g Between
City of Beaumont Public Health Department
And Orange County Health Department
The City of Beaumont will provide Orange County Health Department with advance epidemiological
services. These services will focus on the surveillance and epidemiology capacity to enhance,design,
and/or develop systems for rapid detection of unusual outbreaks of illness that may be the result of
bio-terrorism, other outbreaks of infectious disease, and other public health threats and emergencies.
During the term of this agreement, the epidemiologist will provide advanced surveillance to Orange
County and assist Orange County in completing the performance measures listed in the FY'10
Department of State Health Services(DSHS)Local Public Health Emergency Preparedness Grant by:
• Reviewing and maintaining a system to receive, evaluate and communicate urgent
disease reporting 24hours/7days per week once investigated by Orange County.
• Communicating with the Laboratory Response Network (LRN) for receiving
designated specimens.
• Provide epidemiological assistance to Orange County Health Department for tabletop
exercises and field drills that focus on the possible release of biological or chemical
agents, or other public health emergencies.
• Providing a monthly report of reportable conditions on behalf of Orange County.
• Provide technical/scientific assistance with contact investigation.
Also,
• Orange County Health Department will designate one contact person who will
manage day to day activities on its behalf in this matter.
• Provide follow-up as instructed by the epidemiologist.
950 Washington Blvd. •Beaumont,TX 77704
(409)839-4208 or 1-866-815-0600-Fax(409)835-2545
• Designate a person to receive the National Electronic Disease Surveillance System
(NEDSS) training.
• Enter confirmations of infectious diseases into the NEDSS system.
• The Beaumont Public Health Department will receive an amount of$10,000.00 from
DSHS for the above services from Orange County's original budgeted amount.
• Any concerns about the activities of this mutual aid agreement will be addressed to
the director of the Beaumont Public Health Department.
For the City of Beaumont: For Orange County Health Department:
Kyle Hayes Orange County Health Department
City Manager Director
Date Date
950 Washington Blvd. •Beaumont,TX 77704
(409)839-4208 or 1-866-815-0600•Fax(409)835-2545
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute all documents
necessary for the Beaumont Public Health Department to continue to provide the Orange
County Health Department with all activities relating to public health emergency
preparedness services through the Department of State Health Services Local Public
Health Emergency Preparedness Grant in the amount of $10,000.00.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
February, 2010.
- Mayor Becky Ames -
E
RICH WITH OPPORTUNITY
r
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Ingrid Holmes, Public Health Director
MEETING DATE: February 16, 2010
REQUESTED ACTION: Council consider authorizing City Manager to execute all
documents necessary for the Beaumont Public Health
Department to continue to provide the Hardin County
Health Department with all activities relating to public
health emergency preparedness.
RECOMMENDATION
Administration recommends council approval.
BACKGROUND
The Local Public Health Emergency Preparedness Grant from the Department of State Health
Services(D.S.H.S.)requires the Beaumont Public Health Department to provide the Hardin County
Health Department with all activities relating to public health emergency preparedness services. The
Department of State Health Services (D.S.H.S.) will provide the Beaumont Public Health
Department grant funds for FY'10 in the amount of$4,000.00 to provide the services.
BUDGETARY IMPACT
None. There is not a match requirement.
RICIT WFTIJ orPonTUNUTY
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City of Beaumont
Public Health Department
Epidemiology Division
Memorandum of Understanding
Between
City of Beaumont Public Health Department and Hardin County Health Department
During the term of the Public Health Emergency Preparedness FY'10 Grant, the City of Beaumont
Public Health Department will provide the following services to the Hardin County Health
Department:
• Provide a 24/7 response system by providing advanced epidemiological evaluation of
infectious/biological reports once investigated by Hardin County.
• Provide technical/scientific assistance with contact investigation.
• Communicate with the Laboratory Response Network(LRN)for receiving designated
specimens.
• Conduct planning meetings as needed with the Public Health Preparedness Staff.
• Provide a monthly report of reportable conditions on behalf of Hardin County.
During the term of the Public Health Emergency Preparedness FY'10 Grant, the Hardin County
Health Department will:
• Provide follow-up as instructed by the epidemiologist.
• Designate a contact person who will manage the day-to-day activities on its behalf
regarding the Public Health Emergency Preparedness FY'10 Grant.
• Attend planning meetings as scheduled.
• Designate a person to receive the National Electronic Disease Surveillance System
(NEDSS) Training.
• Enter confirmations of infectious diseases into the NEDDS system.
950 Washington Blvd. -Beaumont,TX 77704
(409)839-4208 or 1-866-815-0600-Fax(409)835-2545
• The Beaumont Public Health Department will receive $4,000.00 for the above
services from Hardin County's original budgeted amount.
• Any concerns about the activities of this mutual aid agreement will be addressed to
the director of the Beaumont Public Health Department.
For the City of Beaumont: For Hardin County:
Kyle Hayes County Judge
City Manager
Date Date
950 Washington Blvd. •Beaumont,TX 77704
(409)839-4208 or 1-866-815-0600 -Fax(409)835-2545
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute all documents
necessary for the Beaumont Public Health Department to continue to provide the Hardin
County Health Department with all activities relating to public health emergency
preparedness services through the Department of State Health Services Local Public
Health Emergency Preparedness Grant in the amount of $4,000.00.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
February, 2010.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
[I Ic'm A,11 1�1 U1 I T
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: February 16, 2010
REQUESTED ACTION: Council consider a resolution authorizing the acquisition
of property.
RECOMMENDATION
The Administration recommends authorizing City Council approve a resolution for the
acquisition of property for the Concord Road Pavement Widening Project.
BACKGROUND
As part of the Concord Road Pavement Widening Project, approximately sixty-seven (67)
parcels of land from East Lucas to Highway 105 are being acquired. The owners of the
property listed below, have agreed to convey their property to the City:
Parcel #25 0.0501 acre out of City Plat D-22, Tract 5,
Frederic Bigner Survey (5410 Concord Road)
Value: $4,800.00
Owners: James Trahan and Maria Trahan
BUDGETARYIMPACT
Funds are available in the Capital Program.
engtrahan-ib.wpd
5 February 2010
i
RESOLUTION NO.
WHEREAS, an agreement has been negotiated for the acquisition of property
described below and in Exhibit "A" and shown on Exhibits "B" and "C," attached hereto, for
the Concord Road Pavement Widening Project:
Parcel #25 0.0501 acre out of City Plat D-22, Tract 5,
Frederic Bigner Survey (5410 Concord Road)
Value: $4,800.00
Owners: James Trahan and Maria Trahan
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the purchase of the above described property be, and the same is, hereby
approved.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
February, 2010.
- Mayor Becky Ames -
February 2009
Parcel 25
Page 1 of 4
EXHIBIT_
County: Jefferson
Highway: Concord Road
Project Limits: East Lucas to US 96, 69, 287
PROPERTY DESCRIPTION FOR PARCEL 25
Being a 0.0501 acre (2183 square feet) of land, situated in the F. Bigner Survey,
Abstract No. 1 , out of and part of a 1.063 acre tract of land having been conveyed to
James Trahan & Maria Trahan from CYRA Holdings Inc. by deed dated April 10, 2006,
and being recorded under Clerk's File No. 2006014212 of the Real Property records of
Jefferson County, Texas, said 0.0501 acre of land being more particularly described as
follows;
COMMENCING at an 4" iron tube with cap found for the most Northeasterly corner
of the said Trahan tract, said corner being in the most Southeasterly corner of Lot 7,
Block 1 and the most Southwesterly corner of Lot 8, Block 1, of Hawthorn Place
Addition, Unit One, as recorded in Volume 7, page 165, of the Map Records of
Jefferson County, Texas;
THENCE, SOUTH 03°08'14" EAST along the boundary line between the said
Trahan tract and that certain 1.09 acre tract of land having been conveyed to Willian
Ehrensberger and wife, Mary Louise Ehrensberger from J. H. Stauts and wife, Clara
A. Stauts by deed dated April 1, 1941, and being recorded under Volume 491 page
304 of the Deed records of Jefferson County, Texas for a distance of 421.01 feet to
a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for corner
in the proposed Northeasterly right-of-way line of Concord Road, said point being
the POINT OF BEGINNING of the parcel herein described;
1) THENCE, SOUTH 03°08'14" EAST, continuing along the boundary between the said
Trahan tract and the said Ehrensberger tract for a distance of 13.59 feet to a point
for corner in the existing Northeasterly right-of-way of Concord Road, from said
corner an axle found bears NO3°08'14"W 0.66', and said corner being the most
Southeasterly corner of the said Trahan tract and being the Southwesterly corner of
the said Ehrensberger tract;
2) THENCE, NORTH 54°33'44" WEST, along the existing Northeasterly right-of-way of
Concord Road for a distance of 205.56 to a point for corner, said corner being the
most Westerly corner of the said Trahan tract and being the Southeasterly corner of
of a tract, being known as Tract 6, having been conveyed to The Tucker Family
Limited Partnership from Martha L. Tucker by deed dated September 3, 1993, and
being recorded under Film Code No. 105-03-0899 of the Official Public Records of
Jefferson County, Texas;
EXHIBIT "A"
February 2009
Parcel 25
Page 2 of 4
EXHIBIT
3) THENCE, NORTH 12 012'06" EAST, along the boundary line between the said
Trahan tract and the said Tucker Family Limited Partnership for a distance of 11.77
feet to a 5/8" iron rod with cap stamped "City of Beaumont ROW Monument" set for
corner in the proposed Northeasterly right-of-way line of Concord Road;
4) THENCE, SOUTH 54°30'26" EAST, along the proposed Northeasterly right-of-way
line of Concord Road for a distance of 201 .73 feet to the POINT OF BEGINNING
and containing 0.0501 acre (2183 square feet) of land.
A parcel plat of even date accompanies this property description.
I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of
Texas, do hereby certify that the above field notes correctly reflect an actual survey
made under my supervision and the limits, boundaries and corners are truly shown just
as found at the time of the survey.
Surveyed February 2009
GIVEN UNDER MY HAND AND SEAL THIS THE DAY OF FEBRUARY 2009.
Mark W. Whiteley, RPLS #3636
LEGEND
■ SET 5/B" I. R. WITH CAP STAMPED " CITY OF BEAUMONT ROW MONUMENT"
TXDOT CONTROL MONUMENT
xz PARCEL NUMBER P.O.0 PARCEL 25
FND. 4" 1. TUBE
O FND PROPERTY CORNER AS NOTED
POWER POLE
PROPOSED ROW LINE
EXISTING ROW LINE
PROPERTY LINE
SURVEY LINE
TRACT 6
COUNTY LINE THE TUCKER FAMILY CALLED 1.09 ACRES
LIMITED PARTNERSHIP
SEPTEMBER 3 1993 WILLIAM EHRENSBERGER of ux
APRIL 1, 1941
FC. N0. —0899 VOL. 491 PG. 304
OPRJC PRJC CALLED 1.063 ACRES DRJC
JAMES TRAHAN &
MARIA TRAHAN
PRIL CFA NO. 26b6000212
OPRJC
25 P.0.B.
PARCEL 25
CONCORD ROAD
PARENT TRACT
N.T.S.
NOTES:
EXISTING AND REMAINING AREAS SHOWN ARE APPROXIMATE. ALL BEARINGS SHOWN ARE BASED ON THE TEXAS STATE
PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NORTH AMERICAN DATUM OF 1983 (NAD 83), 1993 ADJUSTMENT.
ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY A
COMBINED ADJUSTMENT FACTOR OF .
BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES
IN THE DESCRIPTION OF THE PARENT TRACT.
SURVEYED FEBRUARY 2009
A PROPERTY DESCRIPTION OF EVEN DATE
ACCOMPANIES THIS PARCEL PLAT.
;� „� •.:w.�ia�ii, _ - _;;;:
° EXISTING TAKING REMAINING
ACRES ACRES/(S.F.) ACRES
y
PARCEL 25,
> �ti�c 1. 063 00501/(2183) 1. 0129
MARK W. WHITELEY '= 'V"
AND ASSOCIATES
INCORPORATED PARCEL PLAT
y CONSULTING ENGINEERS, SHOWING
SURVEYORS, AND PLANNERS PARCEL 25
r
CONCORD ROAD JEFFERSON COUNTY
P. 0. BOX 5492 325D EASTEX FRWY.
BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 777 03
409-892-0421 (FAX) 409-892-1346 EXHIBIT `B"-"ALE = 50 FEBRUARY 2009
SHEET 3 OF 4
LOT 8,Z P.O.C. PAR. 25
FIND 4" !RON
LOT 7 o TUBE
� g
p
�a CALLED 1 .063 ACRES CALLED ACRES
WILLIAM EHRENSBERGERet ux
° JAMES TRAHAN & APRIL 1 , 1941
MARIA TRAHAN
TRACT 6 VOL. 491 PG. 304
THE TUCKER FAMILY APRIL 10, 014 DRJC
LIMITED PARTNERSHIP CF. N0. 2006014212
SEPTEMBER 3, 1993 OPRJC �
FC. NO. OPRJC 05-03-0899
169+06.25
�40.00RT 25 P.O.B. PAR. 25 167+04.52
40.00RT
PROPOSED RIGHT OF WAY S54'30'26"E 201.73'
--EXISTING RIGHT OF WAY -- - ---
1 � �-----------�,r -- \ --- ------N54'33'44"W 205.56
FND AXLE BEARS
- - 70+00-- _ -(N51°23'00"W 204.00')-------- NO3'08'1 4"W 0.66'
N54°30'26T`W 1552
.99'
PROPOSED BASELINE
� -
--- -- -
LINE - BEARING DISTANCE PARCEL PLAT
L1 SG3'08'141 73.59' SHOWING
L2 N12-72'06"E -- 77.77' PARCEL 25
CONCORD ROAD JEFFERSON COUNTY
EXHIBIT ,, ,, SCALE 1 " = 50' FEBRUARY 2009
SHEET 4 OF 4
G
RICH WITH OPPORTUNITY
r
C ► �
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: February 16, 2010
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 Boulevard (Old Sour Lake Road) right-of-way near the Beaumont Municipal Airport.
BACKGROUND
Cimarex Energy Co. has requested permission to install a 6 inch pipeline in a 10 inch casing
pipe across Phelan Boulevard (Old Sour Lake Road) right-of-way [approximately 574 feet
west of its intersection with Keith Road]. The pipeline is for the purpose of transporting oil,
gas, water or their refined products from Cimarex's well at 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.
eng6marex_airsl-ib
5 February 2010
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 six hundred sixty-six dollars and 00/100 dollars ($666.00) 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 296 Ft(airport row& Phelan Rd crossing)
AND ROAD CROSSINGS(WATER/UTILITIES) for the installation of one 6" pipeline in a 10"
ACROSS PHELAN RD casing pipe.
i
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
i
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 11=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: $ 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.
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:
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.
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Title
ATTEST•
By:
Secretary
\pipelines\\pipeIine_l ice nse_agree 9 Revised 12-14-2007
I
MANION TRACT
NLO N 94*2348 4637" II I
. ' . MOBILE PIPELINE
MOBILE PIPELINE
BEAUMONT AIRS P _--
_ 89' OLD SOUR LAKE RO
SUNOCO PIPELINE
LAT:30'04'35.5464" (
LON.94'12'48.4549" I• ❑
END OF PROPOSED X-ING I�1
❑ I II ❑ I
IAT..JO'04'34.9451 J'4-P. /I PIPELINEI Srr�N
I
LON:94'12'48.4374" I HO U Y
BEGIN OF PROPOSED X-INGI SUBOMSION
UNRECORDED AP. f4 PIPELINE
I �5��CPI,No, 33
TRACTS 5 d 6 �� I
IPIPELINE a
I JA.P. /2 •
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UNION PACIFIC RAILROAD
�II
x-x-x-x-X-x-x II---x-%-x-x-x-x-x-
LANDOWNER FOOTAGES FOOTAGES
I{ BEAUMONT MUNICIPAL AIRPORT 235•
BEAUMONT MUNICIPAL AIRPORT tl�� ,I I UNION PACIFIC RAILROAD 140'
�l I. SOUR LAKE ROAD 61'
UNRECORDED SUBDIVISION TR.5&6 228'
LAT30'04'28.9804": I I TOTAL Io00TAGE 436' 258''
LON94'12'48.3004"
COMBINED TOTAL FOOTAGE 694
PLAN , " P.O.B.
SCALE: 1" = 100'
2
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PROPOSED 6" PIPELINE WITH A 10" CASING
C/MAREX NOTE: ELEVATIONS SHOWN HEREON
PROFILE ARE 845ED UPON THE NORTH
AMERICAN VFRTIC4L d1TUM
UM
OF 1988 OERAIED FROM CPS
PROFILE SHOWING PROPOSED BEAUMONT AIRS ,41 OBSERVATIONS UTILIZING A
X-ING OLD SOUR LAKE ROAD GEOID 2007 GEOIa4L MODEL.
SCALE: HOR. 1" = 50' APPROXIMATELY 574 FEET WEST LINK FIELD SERVICES
VERT. 1" = 10 OF ITS' IN THE A. HOUSTONTSURVEY ROAD INCORPORATED
ABSTRACT-33 831 HOOD ROAD
IN JEFFERSON COUNTY, TEXAS MINERAL WELLS, TX 76067
800-462-7199
DRAWN:JILT r�awAncxx« � JANUARY 08, 2010
NMOBILE PIPELINE
MOBILE PIPELINE
E
LA T.•30'04'35.5464 J.A.P. /15 PIPELINE
LON:94'12'48.4549"
(is To
A. S UR�y O 33 o OLD SOUR LAKE RD ——————
A'os-- "' ----------------
SUNOCO PIPELINE
X X
X X
w
LAT.•30'04'34.9451"
LON:94'12'48.4374"
PLAN
SCALE: 1" =20'
ti
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J O O
U = W Z W Z U
W ~ O W
W U W O
O h 16
40 ' oN w"' ��' ��' hN ��' 40
T 0w 04 0W + d od
30 30
FO'YW
20 L 20
PROMSED PAP&MW
ELEVATIONS SHOWN HEREON
PR 0 FI L E PROFILE SHO�'PRJEFFERSON AIRPLANE No>Em UPON THE NORTH
PROPOSED fLOWUNE 5 DeSOMAnoNS URUZING A
Y GEOID 2OR3 GEOIDAL MODEL
X-ING OLD LAKE
SCALE: HOR. 1" = 20' APPROXIMATELY SOUR FEET ROAD LINK FIELD SERVICES
VERT. 1" = 10' OF ITS INERSECT70N WITH KEITH ROAD INCORPORATED
IN THE A. HOUSTON SURVEY 831 HOOD ROAD
ABSTRACT-33 MINERAL WELLS, TX 76067
IN JEFFERSON COUNTY, TEXAS
800-462-7199
DRAWN:JLT JANUARY 08, 2010
r\ceuxz\.Fisn+sw uwn.N[\:'�msax ww�.ux vnnaap
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 a six inch (6") pipeline in a ten inch (10")
casing pipe across Phelan Boulevard (Old Sour Lake road) right-of-way, approximately 574
feet west of its intersection with Keith Road, for the purpose of transporting oil, gas, water
or related refined products.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
February, 2010.
- Mayor Becky Ames -
H
RICH WITH OPPORTUNITY
r
T . E . x . A . s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
x1j.
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: February 16, 2010
REQUESTED ACTION: Council consider authorizing the acceptance of a water
line easement.
RECOMMENDATION
The Administration recommends acceptance of a water line easement to provide access for fire
protection services at 1650 East Lucas.
BACKGROUND
Stone Way II, L. P. has agreed to convey a water line easement to the City of Beaumont. The
Water Line Easement [out of City Plat D-28, Tract 23, H. Williams Survey], will provide will
provide mandatory access for fire protection services for property located at 1650 East Lucas
[Stone Hearst Seniors], and would also allow for the construction, alteration, operation and
maintenance of the said water line and appurtenances.
BUDGETARYIMPACT
None.
\engstonehearst-ib
5 February 2010
RESOLUTION NO.
WHEREAS, Stone Way II, L.P., has offered to convey a ten foot (10') wide water
line easement, being 0.16 acre out of City Plat D-28, Tract 23, H. Williams Survey, as
described in Exhibit"A" and shown on Exhibit"B" attached hereto, to the City of Beaumont
for the purpose of providing mandatory access for fire protection services to 1650 East
Lucas and allowing for the construction, alteration, operation and maintenance of the said
water line and appurtenances; and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyance is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the easement conveyed by Stone Way Il, L.P., as described in Exhibit "A" and
shown on Exhibit "B," be and the same is hereby accepted for the purposes stated.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
February, 2010.
- Mayor Becky Ames -
FAUST Engineering and Surveying, Inc.
PROFESSIONAL ENGINEERS AND PROFESSIONAL SURVEYORS TELEPHONE(409) 813-34 1 O
E-MAIL ADDRESS INFO @FAUSTENG.COM FAX (409)813-3484
2525 CALDER STREET
BEAUMONT,TEXAS 77702
EXIIIBIT A
FIELD NOTE DESCRIPTION
FORA
0.16 ACRE
10 FOOT WIDE
EXCLUSIVE WATERLINE EASEMENT
OUT OF THE
H. WILLIAMS, JR., ABSTRACT NO.57
BEA UMONT, JEFFERSON COUNTY, TEXAS
December 29, 2009
That certain 0.16 acre tract being a 10 foot wide strip of land situated in the H. Williams,
Jr., Abstract No. 57, Jefferson County, Texas and being out of a called 7.58 acre tract as
conveyed to Stoneway II Limited Partnership and described in Cleric's File No.
2008042859 of the Jefferson County Real Property Records; said 0.16 acre tract of land
being more particularly described by metes and bounds as follows:
Note: The reference bearing used for the basis of bearing in this
description is the north line of the 7.58 acre tract (North 77°27'00" East).
BEGINNING at a 5/8" iron rod found at the northeast corner of a called
15.453 acre tract conveyed to Stoneway Limited Partnership and described
in Clerk's File No. 2004036326 of the Jefferson County Real Property
Records; said iron rod being an interior corner on the south line of said
7.58 tract;
THENCE North 89°25'06" West (called North 89°40'33" West) along
the north line of said 15.453 acre tract and the south line of said 7.58 acre
tract, a distance of 10.00 feet to a set ''/z" iron rod;
THENCE North 00°22'32" West, a distance of 48.02 feet to a set ''/2" iron
rod;
THENCE North 45°31'54" East, a distance of 14.77 feet to a set '/z" iron
rod;
THENCE South 89°37'54" East, a distance of 100.54 feet to a set ''/z" iron
rod;
Page 1 of 2
EXHIBIT B
site
Note' The reference bearing used
4
for (he basis Of bearing is the CALLED 7.58 ACRES 8 1
north line of th 7 N e 58 acre tract o
(North 7727"00"Ecst). STONE WAY II LIMITED PARTNERSHIP 2
CLERK'S FILE NO# 2008042859
JCRPR \ EAR'
0
o SCACE 1"= 60'
n 0.16 Acres LB
S 8937 54° E d- NITY MAP
o VACI T n
100.54" J� _ / S 89 J754 E 460.?1
N S.
_
J
_ - - - - _ _ _ _ - - - - - _ — _ - - - - _ - - _ - - - - — - - L70
f%�12 N 59:3754"' by 579.74' — — — — — — _ L 17
L2 I L 13 PROPOSED 70' WDE
WA TERL IAIE EASEMENT
PROPERTY'uvE I
N 89'25'06" W PO/NT OF EEG INNING
(CALLED N 89'40"33"W) L 1 RONNR0e
N 00.22'32" W 49.36'
(CALLED N 0021108" W 49.37)
CALLED 15.453 ACRES
STONE WAY LIMITED PARTNERSHIP PROPERTY LINE
CLERK'S FILE NC#2CC4C36326 FOUND 518"" N 89'37'49"W
JCRPR IRON ROD (CALLED N 8937'07" W)
ARTHUR L. VAN DORN
REMAINDER OF A 47.729
ACRE TRACT "RFAITUIST VOL. 1971 PG. 187,D.R.J.0 LINE TABLE
NE BEARING LENGTH
N 89'2506 w o00 A RIC
L2 N 5'31'00-2232 48.02 10 FOOT WIDE REGISTERED PROFESSIONAL LAND SURVEYOR N0. 4782
L3 N 45'31'54 E 14.77'
L4 N 00'22'06" E 25.46' EXCLUSIVE WATERLINE EASEMENT PREPARED BY:
LS 5 89'37'54" E to.ao' OUT OF Date: 12/29/09
L6 5 00'22.06" W AA OF ��
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U2 S 45'31'54" W 6.41' ABSTRACT N0.57 ENGINEERING AND SURVEYING,INC. 9 9�F4782
2525 CAL6ER STREET BEAUHCNT,T,XAS 7%2
L13 S 00'22'32" E 43.96' BEAUMONT, JEFFERSON COUNTY, TEXAS oe>873-3'1a FAx<409)813-3 46e
090639
1
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Frank C. Coffin Jr., Chief of Police
MEETING DATE: February 16, 2010
REQUESTED ACTION: Council consider authorizing acceptance of supplemental
funding for the Southeast Texas Auto Theft Task Force.
RECOMMENDATION
Administration recommends approval of acceptance of supplemental funding for the Southeast
Texas Auto Theft Task Force.
BACKGROUND
The Southeast Texas Auto Theft Task Force is a multi jurisdiction agency comprised of seven
personnel from the Beaumont Police Department, and one each from the Jefferson County
Sheriff's Office, Pt. Arthur Police Department and Hardin County Sheriff s Office.
Since the inception of the Task Force, motor vehicle thefts have decreased in Beaumont by
81.6% from 1721 in 1992 to 317 in 2008. The Task Force currently covers Jefferson, Orange,
Hardin, and Jasper Counties. The Task Force focuses efforts in two areas: investigations, which
target automobile related crimes, and public awareness, which uses media campaigns, training
and public presentations to promote prevention techniques and community awareness.
The City of Beaumont has been the grantee of the Southeast Texas Auto Theft Task Force since
1993. The Task Force is presently operating on $ 559,240 funded by the Texas Automobile
Burglary and Theft Prevention Authority(ABTPA). Participating agencies are also providing $
183,160 in cash match, and $ 324,707 in "in-kind" match.
As a result of Title 43, Chapter 57 of the Texas Administrative Code the Texas Automobile
Burglary and Theft Prevention Authority solicited applications for supplemental grants to be
awarded for projects under the Automobile Burglary and Theft Prevention Authority Fund. The
grant cycle for the supplement funds is five months and will begin April 1, 2010 and end August
31, 2010. The solicitations were made to all current ABTPA grantees.
The ABTPA supplemental award to the Southeast Texas Auto Theft Task Force for FY2010 is
intended to impact Detection/Apprehension Projects and Public Awareness and Crime
Prevention/Education/Information Projects .
BUDGETARYIMPACT
The supplemental award requested is in the amount of$ 60,210 and will provide for the purchase
of replacement equipment (three vehicles with high milage), and advertising for public
awareness. There will be $15,000 cash match which will come from the Task Force Program Income
Account.
AT'I'LICATION FOR STATI-�,ASS I STAN CI;
AUT0.N,1013ILE BURGLARyr& TH El 1',141 14A ENITIO'N AU77-10RITY(ABTPA)
1. For ABTPA Use Only 3.a. __,ate i5mi'Aed b.Applicant Identifier
2. State Program Classification(For ABTPA Use OnI,r) 4. a. D<Ae R 3ceiv cc: t y Star o b. State Application Identifier
5.Applicant Information
a. Legal Name: City of Beaumont c.OrganizeJ Unit: Beaumont Police Department
b. Address(give street or P.O.Box, City, County,Stiitiu, and Zip Code) d. Name and telephone number of person to be contacted on matters
P.O. BOX 3827 involving this application (give area code)
Beaumont, Jefferson County, Texas 77704 Lt. Karen Frornan (409) 842-6341 Ext. 22
6. State Payee Identification Number: 7.Type of A pplicant(enter the appropriate letter in box)
174000278900 [C-1
A. Slate H. Independent School District
B. County I. State Controlled Institution of Higher Learning
C. Municipal J. Private University
D. Township K. Indian Tribe
E. Interstata L. Individual
F. Intermunicipal M. Nonprofit Organization
G. Special District N. Other(specify):
8.Type of Application: 9. Name of Grantor Agency:
F1 New Continuation Revision Texas Automobile Burglary &Theft Prevention Authority
4000 Jackson Avenue
If Revision,check appropriate box(es). Austin, Texas 78731
F1 Increase ❑Award F-I Decrease Award Other (specify) Phone: (512)374-5101
Fax: (512) 374-5110
'Nebsite: www.txwatchyourcar.com
1-1 Increase Duration Fl Decrease Duration
10.Title of Project: 11.Areas of Project Activities (Cities,Counties,States,etc.)
Jefferson, Hardin, Orange, Jasper Counties and all
Southeast Texas Auto Theft Task Force municipalities therein.
12. Proposed Project 13. Is application subject to review by state executive order 12372 process?
Start Date: April 1, 2010 YES,this application was made a✓ailable to the Texas Review and Comment System
(TRACS)
Ending Date: August 31, 2010 for review on
Date
14. Funding Summary: [x] NO. F Program is not covered by E.O. 12372
Total of a, b,&c must agree with d.
Note: Please enter whole dollars for the amounts
requested.
a.Total State Grant Funds $60,210 1-1 Program has not been selected by state for review
Requested (ABTPA)
15. Is the applicant delinquent on any federal debt?
b. Cash Match $15,000
1 1 YES If"Yes"attach an explanation NO
c. In-Kind Match $0
d.TOTAL(s) $75,210
16.To the best of my knowledge and belief,all data in this application is t-ue and correct. The document has been duly authorized by the governing
body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded.
a.Typed name of Authorized Official b.Title c.Telephone Number
Kyle Hayes City Manager (409) 880-3708
d. Signature of Authorized Official e. Date Signed
A13TIPA
A-W IUVIUIJILL DUHULAHY & I HEFT PREVENTION AUTHORITY
'ET SI.IWARY
131�-IIDG
Section A—Elucl,get Summary
S BLICIC;4!)t Gate(.ones (3)
1 C (4)
r, h
e e ABT�A cash Match In-Kind Total
d Funds
U IV11atch
I
e
1 A- Personnel (Salaries) $0 $0 , $0 $0
$01
2 A Personnel (Fringe Benefits) $0 1 $0 $0
3 B Contractual
$0 $0 $0 $0
Travel $,0
1 $0 $0 $0
5 D Equipment $515,710 E:
.;,000 $0 $71,710
6 E Supplies 8, Direct Operating Exp. $3,500 $10 $0 $3,500
7 Total Direct Charges pim of 1 $60,210 slEi'0010 $0 $75,210
8 F Indirect Costs $0 91 $0 $0
9 TOTALS (Sum of-7-8 , - 1500$60210 T , , $0 $75,210
Section 13—Caish and/or In-Kind Match
Enter separitely each source of matching fund.,;,) and the amounts.
Total Match must agree With Line 91, Ciolt,irnn 2 above and the total of lines 14 (b) and (c) on
ABTPA-1.
CASH Trcrml- $0
Source Amount Source AmOLJInt
City of Beaumont $0 Hardin County $ 0
City of Port Arthur
Jefferson County
PROGRAM INCOME (To be Utilized.) IF(:)7r:A:L :$ 1:=5,00=0
Total Program Income (available) $58,274
IINI-KIND (Total must agree with XkBTPA,-1, 1-ine 14c.) TOTAL $ 0
Schedule Amount Schedule - ,Amount
A D
B $0 E
C: $0
TOTAL MATCH
$15,000
ABTPA
AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY
SCHEDULE A
PERSONNEL
1. Direct Salaries (1) (2) (3) (4)
Title or Position % of ABTPA Cash In-Kind TOTAL 3
Salary 2 Funds Match
(A) BPD LT— Project Director
(B) BPD SGT — Supervisor
(C) BPD Inv./ Crime Prevention
(D) BPD Inv./ Inspections
(E) BPD Investigator
(F) BPD Investigator
(G) BPD Investigator
(H) PAPD Investigator
(1) Jefferson County Investigator
(J) Hardin County Investigator
(K)
Overtime
TOTAL Direct Salaries $ 0 $ 0 $ 0 $ 0 $0
2. Fringe Benefits
% or $ Rate
Different% rates
FICA for each agency
Different% rates
Retirement for each agency
Different% rates
Insurance for each agency
Different% rates
Other - Workers' Compensation for each agency
Different% rates
TEC — Unemployment for each agency
Terminating pay (percentage of salary set •005 x base pay
aside to fund severance payment upon termination) minus incentives of
line item(H)
TOTAL Fringe Benefits $ 0 $ 0 $ 0 $0 $0
TOTAL PERSONNEL BUDGET $ 0 $ 0 $ 0 $0 $0
ABTPA
AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY
SCHEDULE B
PROFESSIONAL AND CONTRACTUAL SERVICES
(1) (2) (3) (4)
Description of Service ABTPA Cash In-Kind TOTAL
Funds Match Match
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
(1)
TOTAL PROFESSIONAL AND $0 $0 $0 $0
CONTRACTUAL SERVICES
ABTPA
AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY
SICHIE DULE:: C
TRAVEL
1. Local Travel (1) (2) (3) (4)
Title or Position Miles Traveled A13TP,A Cash In-Kind TOTAL
Annually/$Rate Fund::; Match Match
(A)
(B)
LOCAL TRAVEL $ 0 $ 0 $ 0 $ 0
TOTAL
2. In-State Travel Specify clea.irl f and use continuation pages if necessary)
Purpose Destination ATP !► Cash In-Kind TOTAL
Funds Match Match
IN-STATE TRA\JEL $; 0 $ 0 $ 0 $ 0
TOTAL
3. Out-of-State Travel (Specify clearly and use-continua ion pages if necessar
Purpose Destination AE3TPA Cash In-Kind TOTAL
Funds Match Match
OUT-OF-STATE TRAVEL TOTAL
TOTAL TRAVEL IIBUDGET $ 0 $ 0 $ 0 $_0_
ABTPA
AUTOMOBILE BURGLARY & THEFT PREVENTION AUTHORITY
SCHEDULE D
EQUIPMENT PURCHASES
(1) (2) (3) (4)
Equipment Name or Description and ABTPA Cash In-Kind TOTAL
Quantity Funds Match Match
(Do Not List Brand Names)
(A) vehicle —full size crew cab truck, $20,568 $5,000 $0 $15,568
(B) vehicle- Full Size SUV, 4 door $ 25,571 $ 5,000 $0 $20,571
(C) vehicle- Full Size SUV , 4 door $ 25,571 $ 5,000 $0 $20,571
(D $ $
(E) $ $
(F) $ $
(G) $ $
(H) $ $
(1) $ $
(J) $ $
(K) $ $
(L)
(M)
(N)
(0)
(P)
(Q)
TOTAL EQUIPMENT PURCHASES $71,710 $15,000 $0 $56,710
ABTPA
AUTOMOBILE BURGLARY & THEFT PREVENTION /AUTHORITY
SCHEDULE D NARRATIVE
REQUIRED NARRATIVE: Briefly describe the use of equipment and the cost of each line item.
(A) Task Force Vehicle —full size crew cab truck, Cost: $ 20,568
One full size extended cab truck will be driven by a Task Force officer for surveillance and
investigative purposes within the project area. The vehicle will also be driven out of town for approved
investigations, ABTPA events and approved training. As part of our vehicle rotation, this vehicle will
replace a 2006 Ford, with approximately 86,000 miles, which will be sold at auction for program income.
The $ 5,000 cash match on this new vehicle will be paid with program income funds - significantly
deferring the cost of this new unit, and reducing our overall monthly cost to operate vehicles. We are
only requesting $15,268 in ATPA funds to pay for this vehicle.
Cost based on current State of Texas Term Contract
(B) Task Force Vehicle — full size four door vehicle Cost: $ 25,571
One full size four door SUV vehicle will be driven by a Task Force officer for surveillance and
investigative purposes within the project area. The vehicle will house the grant funded License Plate
Recognition System. The vehicle will also be driven out of town for approved investigations, ABTPA
events and approved training. As part of our vehicle rotation, this vehicle will replace a 2003 Ford F150,
with approximately 93,000 miles. The 2003 vehicle, furnished by the City of Beaumont, will be placed in
our bait vehicle program and used as a surveillance vehicle and a bait vehicle for auto burglaries. The $
5,000 cash match on this new vehicle will be paid with program income funds - significantly deferring the
cost of this new unit, and reducing our overall monthly cost to operate vehicles. We are only requesting
$20,571 in ATPA funds to pay for this vehicle.
Cost based on current State of Texas Term Contract
(C) Task Force Vehicle — full size four door vehicle Cost: $25,571
One full size four door SUV vehicle will be driven by a Task Force officer for surveillance and
investigative purposes within the project area. The vehicle will also be driven out of town for approved
investigations, ABTPA events and approved training. As part of our vehicle rotation, this vehicle will
replace a 2006 Ford Expedition, with approximately 83,000 miles, which will be sold at auction for
program income. The $ 5,000 cash match on this new vehicle will be paid with program income funds -
significantly deferring the cost of this new unit, and reducing our overall monthly cost to operate
vehicles. We are only requesting $20,571 in ATPA funds to pay for this vehicle.
Cost based on current State of Texas Term Contract
ABTPA
)KU I uivlt_ LAMY � I N?=t-I rHtVt[Nl I 1UN AU IHLJK1I Y
S C H E:1)IJ I E E
SUPPLIES AND DIRECT OPERATING)i EXPENSr..::S
0) (2) (3) (4)
Directly Charged 1,S)upplies and ABTPA Cash In••Kind TOTAL
Other Operating Expenses Funds Match Match
(A) Public Awareness Advertising $3,500 $0 $0 $3,500
(B)
(C)
(D)
(E)
(F)
(G)
(H)
(J)
(K)
(L)
(N)
(0)
(P)
TOTAL SUPPLIES AND DIRECT
OPERATING EXPENSES; $ 3,500 01 $0 $ 3,500
AUTOMOBILE BURGLARY & THEFT PRIEVENTIONi AUTHORITY
,4BTPA
SCHEDULE E NARRATIVE
REQUIRED NARRATIVE: Briefly describe the basis for arriving at the cost of each line item AND THE
USE OF EACH ITEM.
(A) Public Awareness - Advertising Cost: $ 3,500
Increasing public awareness is a major component of the goals and successes of the task force.
These advertising funds provide for the use of one highway billboard sign that is used on the major
highways in the project area to increase awareness on Auto Theft and Auto Burglary Issues. We were
awarded funding for this originally in the FY 2010 budget. The Statewide 5% reduction in General
Revenue Funding resulted in $3,500.00 being eliminated from public awareness funding. There is a
contract to expend these funds and we are asking for funding to cover this contract and keep our
billboard program. The monthly cost of displaying the sign is $500 and the amount requested will cover
costs through August 31 , 2010. This cost is based on the current price we are paying to a local sign
company.
(B)
(C)
(D)
(E)
(F)
(G)
(I).
(J)
(K)
(L)
(M)
(N)
ABTPA
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 supplemental funding
in the amount of$60,210 through the Automobile Burglary and Theft Prevention Authority
Fund for the Southeast Texas Auto Theft Task Force to provide for the purchase of
replacement equipment and advertising for public awareness.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute
all documents necessary to accept said funding.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
February, 2010.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
r , �
T • E - X - A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS FEBRUARY 16, 2010 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition:
* Public Comment: Persons may speak on scheduled agenda items 1-3/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider approving a contract for a general contractor to perform work related to
the Weatherization Program funded by the American Recovery and Reinvestment
Act of 2009
2. Consider appointing Lane Nichols as the hearing officer to preside over the appeal
of the decision of the Chief of Police to suspend the non-consent towing permit of
Payne and Sons Wrecker
3. Consider authorizing the City Manager to execute a Memorandum of
Understanding with Christus St. Elizabeth Hospital related to federal funding
assistance for a generator project
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:
Claim Against Beaumont Metropolitan YMCA
State of Texas v. James Edward Mathews, Jr.
City of Beaumont v. James Mathews
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
February 16,2010
Consider approving a contract for a general contractor to perform work related to the
Weatherization Program funded by the American Recovery and Reinvestment Act of 2009
RICH WITH OPPORTUNITY
r
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: February 16, 2010
REQUESTED ACTION: Council consider authorizing the award of contract for a
general contractor to perform work related to the
Weatherization Program.
RECOMMENDATION
The Administration recommends the award of a contract to EAS/Weatherization Management Group
of Dallas.
BACKGROUND
The Texas Weatherization Assistance Program (WAP) is a Department of Energy-funded
program authorized by the American Recovery and Reinvestment Act of 2009 (ARRA). The
Weatherization Assistance Program is designed to increase the energy efficiency of dwellings
owned or occupied by low-income persons and improve their health and safety, especially those
persons who are particularly vulnerable such as the elderly, persons with disabilities and families
with young children. Funding in the amount of$1,382,532 has been allocated to the City of
Beaumont for this program. This level of funding should allow for the provision of service to
approximately 175 homes. The City would have two years to complete this program.
Requests for Proposals (RFP) were sent to eight (8) potential responders and posted on the City
website. Five (5) responses were received. All responses were evaluated with the criteria
provided in the RFP. After the initial evaluation, the two (2) highest ranking respondents were
invited to meet with City representatives to further review and discuss their proposals. The
respondents were EAS/Weatherization Management Group and Tidewater, LLC of Lafayette
Louisiana. These respondents were allowed to provide additional information and answer a list of
questions from the panel_ A new rating from the original criteria was provided. This
recommendation is based on the final rating as attached.
Page 2
Weatherization Program
February 16, 2009
Factor Evaluation Criteria EAS /Weatherization Tidewater,
Management Group LLC
1 Cost of Goods and Services 33 32
(0 - 35)Points
2 Qualifications and Experience Capabilities 19 20
(0 - 20)Points
3 Technical Resources and Staffing 15 14
(0 - 15)Points
4 Financial Resources (0 - 10) Points 10 9
5 References (0 - 5)Points 5 5
6 Minority/Women Business Participation 3 3
(0 - 10)Points
7 Use of Local Contractors (0 - 5)Points 5 3
Total Points 90 86
BUDGETARY IMPACT
Funds are available through the American Recovery and Reinvestment Act of 2009. The grant has
no matching requirements on behalf of the City.
RFP Name: Weatherization Program Services Funded by the American Recovery and Reinvestment Act of 2009
RFP Number: PF1210-06
RFP Opening Date: January 21, 2010
Contact Person: Patrick Bardwell, Purchasing Manager
pbardwell@ci.beaumont.tx.us
Phone: 409-880-3175
Original scoring of all respondants
Tidewater EAS L&L General Cont R&R Commercial
Factor Evaluation Criteria Possible Points Lafayette, LA Dallas, TX Beaumont, TX Beaumont, Tx
1 Cost of Goods and Services 0- 35 25 30 20 18
2 Qualifications and Experience Capablities 0 -20 20 20 15 5
3 Technical Resources and Staffing 0- 15 15 15 8 7
4 Financial Resources 0- 10 10 10 10 0
5 References 0- 5 5 5 5 5
6 Minority/Women Business Participation 0- 10 3 0 3 6
7 Use of Local Contractors 0- 5 5 2 5 5
Total Points 1 100 83 82 66 46
Standard Renewable Energy- - bid is non-responsive
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the award of a contract to EAS/Weatherization
Management Group of Dallas, Texas, to perform work related to the Texas Weatherization
Assistance Program authorized by the American Recovery and Reinvestment Act of 2009
and funded by the Department of Energy in the amount of $1,382,532.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
February, 2010.
- Mayor Becky Ames -
2
February 16,2010
Consider appointing Lane Nichols as the hearing officer to preside over the appeal of the
decision of the Chief of Police to suspend the non-consent towing permit of Payne and Sons
Wrecker
RICH WITH OPPORTUNITY
I'Lo . �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Jim Thompson, Parks and Recreation Director
MEETING DATE: February 16, 2010
REQUESTED ACTION: Council consider a resolution appointing Lane Nichols as
the hearing officer to preside over the appeal of the decision
of the Chief of Police to suspend the permit of a towing
company.
RECOMMENDATION
The Administration recommends approval.
BACKGROUND
After an investigation of a reported complaint of overcharging by Payne and Sons Wrecker, the
Chief of Police on February 2, 2010 caused to be delivered a letter of suspension notifying the
company of the violation of the non-consent towing ordinance and a 60-day suspension of its
license as a result. The company has since filed an appeal of the Chiefs decision to suspend its
non-consent towing permit. Section 29-74 of the Code of Ordinances gives the City Council the
authority to hear the appeal or select a hearing officer to preside at an appeal hearing. If the
Council is so inclined, staff would recommend the appointment of Lane Nichols as the hearing
officer in this instance.
PAYNE;'S WRECKER SERVICE INC`.
February 4, 2010
Kyle Hayes, City Manager
801 Main St.
Suite 300
Beaumont, TX 77701
Mr. Haynes,
On 2/3/2010, we received written notice of an alleged violation. Prior to receiving this
letter, Beaumont Police Department Officer Bracker, along with TDLR investigator Lena
Thomas,came to our office in Silsbee to discuss the violation. At the end of the
conversation we told both Officer Bracker and Lena Thomas that we would return the
check and correct the error. We still had the original check written to us from Turner
Automotive. We returned the check on the same day. We called our driver into the
office the next day and he was verbally reprimanded. He also received a formal write up
for a first time offense on a disciplinary form. We are enclosing a copy of the original
invoices, a copy of the original check issued to us by Turner Automotive that we returned
to them, a copy of the corrected check issued to us from Turner Automotive, and a copy
of the drivers written reprimand.
This is a written letter of appeal. We respectfully request a reversal of this
suspension. We took the appropriate steps needed to correct our mistake as quickly as
possible and assure you that this mistake won't be repeated.
�� ) f-4 -,k
Esker L. Payne Sr.
Director/Owner
__ -- P-AYNE'S WRECKER SERVICE, INC. PAYNE & SONS WRECKER
24 Hour Towing Service 24 Hour7owing Service
p 1°° - 1310 HWY 327 EAST Road 711 Pine Street Road
o TEXAS
(409) 385-32 77 Res. 385-2 599 5 e r v'C e BEAUMONT,TEXAS 77701 Service
(409) 385-3277 Cell 781-8265
DATE TIM A.M. REQUESTED BV P.O.NO. REQUESTED 8v PO.NO.
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REASON FOR TOW Questions or unresolved complaints: REASON FOR TOW Questions or unresolved complaints:
CCIDENT ❑ABANDONED TTIRE TDLR Towing Program CCIDENT [:]ABANDONED LATTIRE TDLR Towing Program
❑ R ST ❑ST EN CAR ❑OU GAS P.O.Box 12157 AR 'T ❑ST CAP. ❑O F GAS P.O.BoX 12157
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❑CREDIT CARD ❑MC ❑YISA A DATE EX i V
LABOR CHARGE
[I CREDIT CARD ❑Mc ❑vlsA ❑ /D` SOR CHARGE
CC NO. STORAGE STORAGE
CC NO.
OPjAi'ATO IGNATUF I�h DATE
O,P{JE�.O R'S SIGNATUF R J 7
TRUCK NO. TRUCK NO. //
i n / t � 0 SUB-TOTAL
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TAX
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VCL DTO DATE
TOTAL LE RELEWED TO DATE
TOTAL
Not responsible for loss or damage to vehicle /� I°�, Not responsible for loss or damage to vehicle
in case of tire,theft or any other cause beyond our control. Thank You t{ ^� `^t in case of fire,theft or any other cause beyond our control. °r(��� 46®�
Not Responsible for Injury to Passengers. B 1 Not Responsible for Injury to Passengers. p ! I
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U HUSK STREET
LIE 15'7U1 �I
BAUMONT,TX 77702
88-7778/3131
—
P � Date
ay to the I
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/ Dollars
E ucotionFirst I
FEDERAL CREDIT UNION
P.O.BOA 26751 Beaumont,TX77720
7 78 For_
000,0000 7B 54 6 1 51I' S 70 1
---' VA RBIAN S El Y BLUE
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TURNER AUTOMOTIVE REPAIR 15717
PH.409-832-3894
3040 RUSK STREET 88-7778/3131
BEAUMONT,TX 77702
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Order of
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EdmationFirst
FEDERAL CREDIT UNION
P.O.BOX 26751 Beaumont,TX 77720
For ,M
1: 3 13 1 ? 778 S11:0000000 78 5 4 6I Sul S7 17
UA IPN BL
Payne Wrecker Service Inc.
1310 Hwy 327 E,Silsbee TX 77656
Phone 409-385-3277 Fax 409-385-6040
Written Warning Discipline Notice
Employee's Name: h �' / 11 f j/�A,� Date: I f-3 / C
Department: LVIl e 6kt,< C/Fcrf,r4 f7,t Date of Incident:
1. Has a verbal warning been given?
Yes li No
If yes,date(s)of verbal warning(s) / — / -3 ..- /0
2. Type of warning
1-First Written Warning
Second written Warning
Final Written Warning
3. Explain why this written warning is being given. Check all that apply(Additional information can be provided
below).
Tardiness ❑ Failure to give timely notification Timecard/time clock violation
of absence 11
❑ Excessive absenteeism ❑ Safety violation ❑ Unauthorized Overtime
Poor job performance El Insubordination ❑ I Under the influence of drugs/alcohol
� Personal conversation during El Sexual Harassment ❑ Intentional or Negligent damage to
work company property
El Physical or verbal Unauthorized removal of Failure to get along with fellow EJ assault/fighting company property employees
4. Describe the employee's specific rule violations or performance problem.pe�
S. Describe the consequences if rule violation or performance occurs again.
Employee Signature Supervisor name and po`siti`on
J�VltF/2 Z PA/tip
Supervisor Signature
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT Lane Nichols be and he is hereby appointed as the hearing officer to preside over
the appeal of the decision of the Chief of Police to suspend the non-consent towing permit
of Payne and Sons Wrecker.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
February, 2010.
- Mayor Becky Ames -
I
Franklin Legal Publishing - Document Page 1 of 2
Sec.29-74. Denial,suspension or revocation of any permit or license.
(a) Investigation. The police department shall investigate all complaints arising from reported
violations of this article. Upon completion of the investigation,the chief of police shall determine if a
violation occurred. If the chief of police determines that a significant violation of this article occurred,
the chief may suspend or revoke the permit or license according to the following standards:
(1) Violation of any provision of this article, the Texas Transportation Code, Texas Vehicle Storage
Facility Act, or section of the Texas Occupations Code regarding operation of tow trucks, towing
companies or vehicle storage facilities by owners, agents or employees of a towing company shall
subject the towing company to the following administrative action regarding their towing company
permit:
a. First offense: Suspension of towing company permit for thirty (30) days.
b. Second offense: Suspension of towing company permit for sixty (60) days.
c. Third offense: Revocation of towing company permit for two (2) years.
(b) Penalties independent and may be in addition to other penalties. The administrative penalty set
forth in this section shall be independent of and may be in addition to any other penalties assessed
pursuant to any violation of any ordinance of the city or statute or administrative code of the state. The
determination of whether a violation is significant shall be within the sole discretion of the chief of
police.
(c) Time. Time limitations for computation of penalties regarding suspension or revocation of
permits or licenses for repeat offense shall be calculated based on a two-year period from the date of
the first offense for which a permit is suspended or revoked. The holder of a permit that was revoked
may not, for a period of two years from the date of the revocation, apply for any new permits of the
type that was revoked.
(d) Notice. The chief shall provide written notice of any suspension, revocation or denial setting out
the basis for the decision, giving the effective date for the suspension, revocation or denial and
providing the appeal procedure. A suspension, revocation or denial shall become effective seven (7)
days from the date that the chief of police notifies the permit holder of the suspension, revocation or
denial unless an appeal is filed as provided herein.
(e) Appeal procedure. Any appeal of a decision by the chief of police regarding a towing company
permit must be in writing and must be submitted to the city manager's office prior to the effective date
of the suspension, revocation, denial or decision. The written request for appeal must set forth the
basis for the appeal and specifically identify any error or misapplication of information or of this
article by the chief of police regarding the. The city manager shall submit the appeal to the city
council and city council may either hear the appeal or select a hearing officer to preside at any appeal
hearing and the decision of the city council or such hearing officer shall be final. The appellant may
appear at any hearing and it shall be the burden of the appellant to establish that the decision by the
chief of police is incorrect. The chief of police shall be entitled to present any information or evidence
which would support the chief s decision. The city council or hearing officer shall assess the evidence
presented at the hearing and affirm, reverse or modify the decision of the chief by a suspension of the
towing permit for up to thirty (30) days for a first offense, up to sixty (60) days for a second offense or
revocation of the permit for up to two (2) years for a third offense. The city council or hearings officer
http://codes.franklinlegal.net/beaumont-flp/lpext.dll/Infobase/heading%20100125.htm/hea... 2/12/2010
Franklin Legal Publishing - Document Page 2 of 2
shall affirm, reverse or modify any other decisions of the chief after assessing the evidence presented
at the hearing.
(Ord. No. 98-64, § 1, 10-6-98; Ord. No. 09-072, § 5, 12-22-09)
I
http://codes.franklinlegal.net/beaumont-flp/lpext.dll/Infobase/heading%20100125.htm/hea... 2/12/2010
3
February 16,2010
Consider authorizing the City Manager to execute a Memorandum of Understanding with
Christus St. Elizabeth Hospital related to federal funding assistance for a generator project
RICH WITH OPPORTUNITY
[I 17C A► �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer . L
MEETING DATE: February 16, 2010
REQUESTED ACTION: Council consider approving the City Manager to enter into
a memorandum of understanding with Christus St.
Elizabeth Hospital for the Hospital to make application of
grant funding through the Pre-Disaster Mitigation Program
(PDM).
RECOMMENDATION
Administration recommends approval.
BACKGROUND
Christus St Elizabeth Hospital was fortunate to get Congressional earmark funding in the amount
of$250,000 for a generator. The stipulation included is that the City of Beaumont agree to
facilitate the grant application through FEMA's Pre-Disaster Mitigation grant program. The
generator will provide an alternate power source for the hospital which houses the only Level III
trauma center in the region. The citizens of Beaumont and this region will directly benefit from
this mitigation project so the hospital requested our assistance with submitting the application. A
memorandum of understanding would formally document the agreement and responsibilities and
enable the City to facilitate grant funding for the hospital.
The memorandum of understanding formally describes each party's responsibilities. The
agreement is attached for your review.
BUDGETARYIMPACT
The City will have no financial obligation due to facilitating the grant for Christus St. Elizabeth
Hospital. St. Elizabeth will provide any local match required under the guidelines of the grant
program.
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 enter into a memorandum of
understanding with Christus St. Elizabeth Hospital(the"Hospital")tofacilitate grant funding
for the Hospital through FEMA's Pre-Disaster Mitigation Program Grant Program. The
agreement is substantially in the form attached hereto as Exhibit "A" and made a part
hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
February, 2010.
- Mayor Becky Ames -
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF BEAUMONT
AND
CHRISTUS SAINT ELIZABETH HOSPITAL
This Memorandum of Understanding ("MOU") entered into and effective this 17th
day of February, 2010 ("Effective Date") by and between the City of Beaumont, a municipal
corporation of the State of Texas (City of Beaumont) and the Christus Saint Elizabeth Hospital
(St. Elizabeth). Hereinafter individually may be referred to as a "Party' and collectively as the
"Parties".
This MOU describes each party's responsibilities and duties as it pertains to the City of
Beaumont facilitating a Pre-Disaster Mitigation Grant and Port Security Grant on behalf of St.
Elizabeth. Federal funding is earmarked for St. Elizabeth Hospital with the stipulation they work
through the City of Beaumont to facilitate the grant. This document addresses the relationships
between and among the parties and is intended to augment current working relationships.
This MOU provides the framework for St. Elizabeth Hospital to request federal funding
assistance for a generator project. Through the Pre-Disaster Mitigation Program (PDM), St.
Elizabeth would buy and install a generator to provide an alternate power source for critical
operations at their Beaumont facility.
St. Elizabeth has the only Level III Trauma Center in our region which stretches from Houston to
Baton Rouge. As such, the hospital plays a viable role in layered security through its partnership
with the City of Beaumont.
By signing this Memorandum of Understanding each party is evidencing its intent to abide by
the terms of the MOU in the event grant funding is requested or awarded. The terms of this
MOU are to be incorporated into the City of Beaumont's and St. Elizabeth's emergency
management plans.
NOW THEREFORE, in consideration of the premises and mutual understandings contained
herein, the parties to this MOU understand and agree as follows:
I. PURPOSE: This MOU outlines actions of the City of Beaumont for facilitating grant
funding for St. Elizabeth in accordance with this MOU and grant eligibility regulations.
This written memorandum supports emergency preparedness and facilitates request for
federal assistance through the Department of Homeland Security.
2. AUTHORITY: Approval by the City of Beaumont City Manager and St. Elizabeth
Administration.
3. GENERAL:
EXHIBIT "A"
a. SCOPE: This MOU provides documentation for support between the City of
Beaumont and St. Elizabeth Hospital and MOUs herein apply only to the
participating parties and are not intended to supersede existing regulations or MOUs
pertaining to other and different subjects. If any term of this MOU is inconsistent
with applicable laws, regulations or statutes, then that term shall be invalid, but the
remaining terms and conditions of this MOU shall remain in full force and effect.
b. ASSUMPTIONS:
(1) The City of Beaumont will facilitate the Pre-Disaster Mitigation Grant
application on behalf of St. Elizabeth Hospital for a generator acquisition and
installation protect to provide backup power to this critical factility. The
congressional earmark for funding is $250,000.
(2) St. Elizabeth Hospital will provide any local funding match required under the
guidelines of the respective grant programs. This is expected to be at least 25% of
the total project cost for both grants.
(3) St. Elizabeth Hospital will provide all necessary documentation for the respective
grants in an appropriate timeframe to comply with the official grant application
processes.
(4) St. Elizabeth Hospital will process all allowable funding and reporting guidelines
in accordance with grant guidelines, and will provide a copy of all such reports to
the City of Beaumont for financial accountability.
(5) St. Elizabeth Hospital will maintain maintenance on the funded projects in
accordance with grant funding guidelines.
4. LOGISTIC SUPPORT:
(1) PLANS: There will be no additional plans to accompany this MOU.
(2) MAINTENANCE: Both parties will be responsible for maintenance of their
respective obligations.
(3) MANPOWER: Both Parties will be required to supply its own manpower in
facilitating the grant process.
5. OPERATIONAL SUPPORT: Operational support is anticipated for gaining access to
real-time surveillance footage and maintaining grant and funding accountability.
6. MOU AND ADMINISTRATION: This MOU is effective immediately upon signature
by all parties and will only be terminated only after legal restrictions on grant funded
projects have been met or unless earlier terminated as provided for herein.
7. AMENDMENT AND ASSIGNMENT. This MOU shall not be modified or amended in
any respect except by written MOU executed by the City of Beaumont and St. Elizabeth
Hospital administration in the same manner as this MOU is executed. This MOU shall
not be assigned, directly or indirectly, by the City of Beaumont. Any attempted
assignment by the City of Beaumont shall be void and of no force or effect.
8. AGREEMENT AND ADMINISTRATION: This Memorandum of Agreement is
effective immediately upon signature by all parties and will only be terminated after one
party notifies the other party 30 days in advance requesting termination. The
Memorandum of Agreement will be reviewed every two years from the effective date.
9. INDEPENDENT CONTRACTOR: The parties acknowledge that the relationship of
the City of Beaumont and St. Elizabeth is that of independent Contractor, and that
nothing contained in this agreement shall be construed to place St. Elizabeth and the City
of Beaumont in the relationship of principle and agent, master and servant, partners or
Joint ventures.
10. POINTS OF CONTACT
• Beaumont Police Department, Tim Ocnaschek, Emergency Management
Coordinator/POC, 700 Orleans, Beaumont, Texas 77701. Phone numbers:work (409)
980-7275 or (24/7 Dispatch- (409) 880-3865; email: _t_ocnaschek!a%ci.bc_-t�trtiont,tx.us.
• Christus St. Elizabeth Hospital, Pat Briggs, Director of Security, 2830 Calder,
Beaumont, Texas 77702, Phone numbers: (409) 899-7055, email
t
f ac k.briggs ci christushealtILM.
APPROVED BY:
Kyle Hayes, City Manager Date
City of Beaumont
Ellen s J n Chief Executive Jones C e xecut e ffic r Date Officer
Christus Saint Elizabeth Hospital