HomeMy WebLinkAboutPACKET MAY 18 2010 RICH WITH OPPORTUNITY
BEA,UMON*
T • E • B • A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MAY 18, 2010 1:30 P.M.
CONSENT AGENDA
* Approval of minutes-May 11,2010
* Confirmation of committee appointments
Carol Dixon would be reappointed to the Convention and Tourism Advisory Board. The current
term would expire March 1,2012. (Councilmember Jamie Smith)
A) Authorize the City Manager to apply for and accept grant funding to rehabilitate the
Maurine Gray Literacy Depot
B) Authorize the granting of a Pipeline License Agreement to cross John's Gully within the
City of Beaumont limits
C) Authorize the acceptance of a Water Line Easement to provide water services for the
Beaumont Graeelake Townhomes
D) Authorize the settlement of the lawsuit styled Brandon Pickard vs. City of Beaumont
Texas, et al
A
RICH WITH OPPORTUNITY
BEAUMON*
T • E '• x • A • s Ci Council Agenda Item
ty
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Claudie D. Hawkins, Director of Event Facilities&Libraries
MEETING DATE: May 18, 2010
REQUESTED ACTION: Council consider authorizing City Manager to apply for and accept
grant funding though The Private Client Group of Capitol One.
RECOMMENDATION
Administration recommends authorizing the City Manager to submit applications and to accept
grant funds through The Private Client Group of Capitol One.
BACKGROUND
The Private Client Group of Capital One, National Association has been entrusted with the
responsibility of managing the below listed Charitable Foundations for the benefit of our local area,
its citizens,and charitable organizations: The H.E. &Kate Dishman Charitable Foundations Trust,
The Eva Dujay Foundation, The Marianella and Roy Permenter Charitable Trust and The B.A. &
Elinor Steinhagen Benevolent Trust. The grant program is administered by Capitol One Bank,
Beaumont, Texas.
Funds are available for charitable purposes and typically fall within the areas of the arts, civic
activities,educational/vocational training,health,and services for the disadvantaged. There are no
formal restrictions as to the type of requests being considered, whether programming, project or
capital improvement in nature. Grant request is being made in the amount of$35,000.00.
If approved, the grant will be used for rehabilitation of The Maurine Gray Literacy Depot and the
upgrades will result in the highest degree of energy efficiency possible for the structure.
BUDGETARYIMPACT
The grant does not require any matching funds from the City of Beaumont.
M Bank
Charitable Trusts/Foundations
P. O. Box 3928
Beaumont, Texas 77704-3928
The Private Client Group of Capital One, National Association (herein referred to as "Bank" or
'Trustee") has been entrusted with the responsibility of managing the below listed Charitable
Foundations for the benefit of our local area, its citizens and charitable organizations. We look
upon this as an opportunity to perpetuate the love, care and concern which the individuals
establishing these funds have had for their community and for their fellowman, and to continue the
contributions which they made during their lifetimes in their honor.
Your application for a grant will be considered under all of the listed foundations, with possible
funding coming from one or more, at the bank's discretion. If you would like to receive
consideration from a specific foundation,you may so designate in the appropriate space provided.
The purpose of this Unified Application Form and our review thereof, is to avoid the necessity of
you applying separately for grants from each foundation. This unified process allows us to give
more comprehensive consideration of your request from all funds which we have available at one
time each year.
PARTICIPATING FOUNDATIONS
THE H. E. & KATE DISHMAN CHARITABLE FOUNDATION TRUST
In the fall of 1985, H.E. and Kate Dishman established a charitable foundation to benefit the
charitable organizations of Southeast Texas. The income from this foundation is available to benefit
the following needs in our area: arts, community services, education, health care, and services for
the disadvantaged. The Dishmans have had a long history of charitable giving in Southeast Texas
and this wonderful tradition has been continued through the Foundation.
THE EVA DUJAY FOUNDATION
During her lifetime, Eva Dujay was known as a generous and caring person. The Mary Harold
Medical Fund, created under her Will, allows distributions for medical needs in our community.
Since 1994, this Foundation has been available to support these needs.
THE MARIANELLA AND ROY PERMENTER CHARITABLE TRUST
This Trust was created in 2000 under the Will of Marianella Permenter. It provides for the
support,aid, health, comfort, and maintenance and for the poor and needy of Jefferson County.
THE B.A.& ELINOR STEINHAGEN BENEVOLENT TRUST
Since its creation in 1939, the B. A. & Elinor Steinhagen Benevolent Trust has provided a wide
variety of charitable services to disadvantaged individuals in our area. Some of the benefits made
available in the past 60 years include medical and hospital assistance, housing for the aged,
helpless and afflicted, and aid for helpless, indigent children.
GENERAL GUIDELINES
The following guidelines and comments are provided to assist applicants in the preparation of their
grant requests and to provide some insight as to the manner in which grants are considered.
I. Applicants should use the attached pre-printed form, or follow the same format if
reproduced on a word processor. Grant reacts should be received by the Private Client
Group of QgM One, National,Association by May 31 in order to assure consideration along
with all other applications received during the year.
2. Applicants must have received tax exemption as a 501(c)(3) charitable organization
prior to making application and must attach a copy of the IRS exemption letter to the grant request
form. Grants may not be made to individuals.
3. The Affidavit at the end of this packet must be signed, notarized and attached to the
application.
4. Funds available for charitable purposes typically fall within the areas of (1) the arts, (2)
civic activities, (3) educational/vocational training, (4) health, and (5) services for the disadvantaged.
Support for the arts and humanities and historical preservation will usually be made by the
foundations through a direct grant to the Southeast Texas Arts Council for designation by that
organization through its internal grant process.
5. There are no formal restrictions as to the types of requests being considered, whether
programming, project or capital improvement in nature. There are never enough funds available
to meet the many worthwhile requests submitted for consideration. In order to meet as many of
these needs as possible within the community, and to encourage organizations to expand their
permanent services without becoming dependent upon the foundation, the Trustee prefers to
move its support among various charities from time to time, and not to become a continuous
supporter of any organization. There is a general policy against the funding of positions, salaries or
other continuing operational expenses that would subject the organization to becoming dependent
upon continued foundation support. No funds will be provided for student loans, scholarships or
fellowships for individual students, grants for endowment funds, annual fundraisers or annual
operating budgets.
6. These guidelines are general in nature, with the Trustee presuming that it will make
exceptions and changes in any and all of these areas, within its own discretion, as it may from time
to time deem appropriate.
7. Organizations may occasionally be requested to present a personal report to the
Trustee on the use of prior grants or for presentation of a grant under consideration. This will be
done on an "invitation only" basis. No organization will have the right to such an interview unless in
response to a unilateral request made by the bank.
8. All decisions relating to applications and grant awards are made by the Trust
Administrative Committee of Capital One, National Association. This committee is composed of
officers employed by the bank's Trust Division. All decisions are made by this Committee without
control from bank directors, advisory directors, private citizens, contributors, or members of a
contributor's family.
9. It is the Trustee's practice to notify all applicants of the decision concerning their
requests. This usually occurs in August.
10. A report must be submitted upon completion of the program/project as described in
the grant application or at least annually if the funds are not utilized in the time specified. Future
grant requests will not be considered unless the appropriate reports have been received.
3
GRANT APPLICATION
I. Organization Information
A. Name: Maurine Gray Literacy Depot
B. Executive Director: Paul Eddy, Library Administrator
C. Grant Writer/Contact Person: Barbara Beard
D. Mailing Address: 1205 Franklin Beaumont, TX 77701
F. Street Address (If Different)_—NM�_��_��__���_____
G. Phone Number: 409-835-7924
H. Email Address: bbeard @ci.beaumont.tx.us
I. Website Address: www.beaumontlibrary.org
J. Tax ID Number: 746000278
K. Attach IRS Determination Letter verifying tax-exempt status.
The City of Beaumont is a government entity exempt from all taxes.
I1. Request Information
A. Amount of Request: $ 35,000 and Date Needed: Sept. 1 , 2010
B. Title of Request: Rehabilitation of The Maurine Gray Literacy
Depot, a Historical Cultural Landmark of the City of Beaumont.
C. Brief Description, Including Statement of Need:
The Maurine Gray Literacy Depot has experienced a great deal of
traffic in the last ten years. Normal wear and tear of the building
coupled with the foot traffic, plus the effects of three hurricanes
have taken a toll on the interior and exterior of the building.
Specifically, the wooden floors are splintering, have
large gaps and holes, and are actually unstable in several places.
The boards are bending when weight is applied in a number of
areas of the building.
The roof of the building is 18 years old and has been subjected to
high winds from Hurricanes Rita, Gustav, and Ike.
The exterior doors of the building are oversized due to the
building's historical status and design. They are constructed of
cypress and must be replaced by doors of similar quality. The
doors have worn to the point of having cracks large enough to
allow sunlight in.
The building houses the administrative and instructional space of a
very successful adult literacy program that has been part of
Beaumont Public Library System for over twenty years.
Maintaining the historical and architectural integrity of the building
is important to the City of Beaumont, but the City also seeks to
improve the energy efficiency of the building. Toward that end, the
City will be working with Entergy to insure the upgrades result in
the highest degree of energy efficiency possible for the structure.
D. Name and Qualifications of the Person Responsible for this
Program/Project: Brenda Beadle, Capital Projects Manager for the
City of Beaumont will oversee the project.
E. Number of People Served by this Request: 1 ,900 annually
i
F. Other Entities Being Asked for Funding: The Meadows Foundation
G. Attach Project Budget (Income and Expenses) and Timeline.
H. Describe Plans to Evaluate the Program/Project:
The project will be monitored closely by the City of Beaumont's
Capital Projects Manager Brenda Beadle to insure the funds are
utilized in the most efficient manner possible.
III. Organizational History and Structure
A. Mission of the Organization: To provide adult literacy services,
Including GED preparation, citizenship test preparation, and
English as a Second Language Instruction to Beaumont's diverse
population.
B. Brief History of the Organization and its Achievements:
Maurine Gray, the former director of Beaumont Public Library, had a
vision for providing basic literacy to adult citizens of Beaumont
through the public library system. Her vision became a reality
when the program began as a department within the downtown
5
branch of the.Beaumont Public Library in 1989. Very quickly it
became evident that there was a need for English as a Second
Language (ESL) instruction as a growing number of Hispanics were
moving into the area. The ESL population grew to become a
majority of the student population being served and remains so
today. In 2000, GED preparation instruction and citizenship test
preparation were added as services.
In 1997, the program outgrew its small room in the basement of
the downtown branch and moved to its existing facility, a 150 year
old building that once served as a Kansas City Southern Railroad
Depot in downtown Beaumont. The renovation of an old railroad
dining car was completed in January 2009, which added much
needed instructional space to the main building. This addition can
accommodate up to 20 students at a time.
The Depot has served more than 1 100 ESL students in classroom
and small group settings. Sixty-five people have obtained their
GED, and thirty-two have passed the citizenship test as a result of
instruction they have received from us. More than 1900 people
visited the Depot in 2009. All of this service to the community has
been accomplished with minimal staff and a core group of fifteen
dedicated volunteers.
C. Description of Existing Services: The Maurine Gray Literacy Depot
serves regional residents by providing basic literacy instruction,
English as a Second Language Instruction, GED instruction, and
citizenship test preparation.
D. Objective (Next 3-5 Years): To maintain the Depot's strong
history of service to the community and to diversify our programs
to meet the needs of our clients. The 2010 Census is expected to
indicate that 50,000 Hispanics reside in Jefferson County. We
expect the demand for English as a Second Language, Citizenship
preparation, and GED instruction to rise as a result of this
demographic. We also hope to cooperate on various projects with
the Catholic Diocese of Beaumont and with Lamar University's
Continuing Education Department which is now located in the
basement of the Main Library.
6
E. Geographic Area and Population Served:
Many of our clients live in the Avenues area, a primarily
Hispanic area of Beaumont, but they also come from other regional
counties as well. With only a few exceptions, every client who
walks in our door is from a low to moderate income situation.
Many are struggling with a plethora of personal challenges, making
advancement in their studies all the more remarkable.
F. Organizations Offering Same or Similar Services: English as a
Second language classes are offered by a few of the churches in
town. Beaumont Independent School District offers GED study
classes in several locations, but follows a different model than we
do. Additionally, a GED program has just begun within the
auspices of the Regional Planning Commission; however to qualify
to participate in this program, applicants must have or be affected
by substance abuse. We frequently have clients cross over to our
program from a BISD class in order to get more individualized
instruction.
G. Specific Foundation Preferred (If applicable)
H. List Major Grant and Gift Sources: The Maurine Gray Literacy
Depot has been the recipient of several major grants over the
years. In the late 1990's, the Depot was part of a consortium, the
Joint Education Project, that received a major grant from the
Meadows Foundation. A grant from the Meadows Foundation as
well as grants from the Mamie McFaddin Ward Foundation, and the
H.E. and Kate Dishman Foundation were used to restore an old
railroad dining car donated by Kansas City Southern. The dining
car was added to the main building with a covered walkway as
additional instructional space. We have received smaller grants
and in-kind donations from TOTAL, Rotary, and the Houston Area
Library System.
I. Current Number of Staff and Volunteers: 1 full time and 3 part
time staff and 15 volunteers.
J. Organization Officers: N/A
President/Ch'airman: N/A Treasurer: N/A
7
Others: N/A
K. Board: There is no board; however an Advisory Council was
formed to comply with affiliation requirements of ProLiteracy,
our national affiliate.
L. Attach Current Year Operating Budget and Year to Date Financial
Statements.
The Maurine Gray Literacy Depot is a branch of the Beaumont
Public Library System. We receive a small materials budget each
year, and depend on grants and donations for items above what
the City of Beaumont is able to provide. The City owns the
building, pays the utilities, and pays the salary for one full time
person and 3 part time people. We depend heavily on the in-kind
donations of our volunteers' time. Last year, 4,479 hours were
volunteered for an in-kind donation of $93,163 at $20.80/hour as
published by the Independent Sector.
M. Attach Most Recent Audited Financial Statements, if available.
8
AFFIDAVIT
I, the undersigned, state and affirm that all of the above statements and information are
true and correct. Further, I hereby declare that the organization for which this application is filed,
is a charitable organization as defined under 501(c)(3) and/or related sections of the Internal
Revenue Code, and does not discriminate in any manner on the basis of race, color, religion, sex,
national origin or on the basis of age.
Signature of Affiant
NOTARIZATION:
I, the below signed Notary, in and for the State of , County of
' do hereby acknowledge that , the
above signed Affiant, did sign and publish the above Affidavit before me, on this day of
, 20 , affirming the correctness and validity of the statements made in the
application to which the Affidavit is attached.
NOTARY
My Commission Expires: day of , 20
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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 apply for and receive grant
funds in an amount up to $35,000.00 through The Private Client Group of Capital One,
National Association, to be used for the rehabilitation of The Maurine Gray Literacy Depot.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of May,
2010.
- Mayor Becky Ames -
B
RICH WITH OPPORTUNITY
BEA,UMON*
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: May 18, 2010
REQUESTED ACTION: Council consider authorizing the granting of a Pipeline
License Agreement within City of Beaumont limits.
RECOMMENDATION
The Administration recommends authorization to grant a Pipeline License Agreement to cross
John's Gully within City of Beaumont limits.
BACKGROUND
TE Products Pipeline Company, LLC (TEPPCO) has requested permission to install a 12"
(twelve inch) pipeline within the city limits of Beaumont. The pipeline is for the purpose of
transporting oil, gas, water or their refined products from TEPPCO's tank farm in southeast
Beaumont across John's Gully, east of West Cardinal Drive, and will be constructed in
accordance with City requirements.
BUDGETARY IMPACT
There is a one-time fee of$500 for the Pipeline License Agreement.
engteppco2-ib
11 May 2010
♦ 5 `
CITY OF BEAUMONT
APPLICATION FOR
PIPELINE LICENSE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
Business Name: TE Products Pipeline Company,LLC Business Phone: (713)803-2556
Business Address: C/O Paul Lair, Box 4324:Houston,TX 77210
The City of Beaumont,hereinafter called"City", for and in consideration of the sum
specified herein $500.00 hereby grants
to TE Products Pipeline Company,LLC hereinafter called"Licensee",the
license to lay,maintain,operate,replace,or remove a pipeline for the transportation of oil,gas,
water,or their products,on or across the following property situated in the City of Beaumont,
Jefferson County,Texas,and being more particularly described in Exhibit"A"attached hereto
and made a part hereof for all purposes.
Street Name or R.O.W. Description Length (Linear Feet)
The proposed 12" Pipeline is within the city limits of Beaumont.
No City of Beaumont ROW's are crossed.
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
3
not owned by the City of Beaumont.
Any licenses, permits or agreements required by another governmental entity
(County, State or Federal) shall be obtained and a copy of such document
shall be provided to the City.
If agreement is not required by said governmental entity,then documentation
regarding such will be provided to the City of Beaumont.
° Licensee shall provide copies of all necessary agreements to be obtained
from other City Departments.
Licensee shall be responsible for acquiring all agreements necessary for the
lawful use of any private property.
A map showing the location of the proposed pipeline shall be provided.
(1"=2,000' City of Beaumont map or United States Geological Survey
Map)
° The pipeline shall be maintained and operated in such a manner as not to
leak and/or cause damage to any City streets, alley, easements or other
property. Once the pipeline is in operation, any damage that occurs to the
pipeline which results in exposure or release of product must be reported
immediately to the City Fire Department and Public Work's
Department. Licensee shall fully cooperate with the Fire Department and
provide, or assist with providing, any and all necessary notifications,
evacuations or other necessary actions. Leaks or other defects are to be
repaired immediately by Licensee at it's own cost.
° The Licensee shall be responsible for the cleanup and remediation of
contaminated areas due to exposure or release of product and any and all costs
associated with said cleanup and remediation.
° The Licensee shall be responsible for any and all costs associated with the
relocation of the pipeline. As provided, the necessity for relocation of the
pipeline shall be solely within the discretion of City and/or the Texas
Department of Transportation.
° Permits which allow lines to be maintained or constructed in City right-of-
way shall be obtained by Licensee or it's contractor prior to beginning
maintenance or construction. The fee for such permits is in addition to this
License Agreement fee. (See Cost of License)
4
° Installation will be done in accordance with all City standards and statutes of
the State of Texas.
REQUIRED COVERAGE:
° Licensee shall furnish the City with a Certificate of Standard Liability
Insurance,including bodily injuries and property damage,naming the City of
Beaumont as an Additional Insured. Such policy shall provide for the
following minimum coverage:
Bodily injuries: $ 300,000.00 per person
$1,000,000.00 per incident
Property Damage: $1,000,000.00
Such insurance shall be maintained in force and effect during the
construction or required maintenance of the pipeline and during the life of
the pipeline.
Such certificate shall contain a provision that at least fifteen (15) days
written notice must be given to the City prior to cancellation, alteration, or
modification of such insurance.
° Licensee shall have in force with the City a surety bond in the principal
amount of$1,000,000.00. The bond shall be payable to the City of
Beaumont for the use and benefit of any person entitled thereto and
conditioned that the principal and surety will pay all damages to any person
caused by, or arising from, or growing out of any violation of the terms of
this agreement. The bond shall provide that it may not be cancelled,altered,or
otherwise modified without giving fifteen(15)days prior written notice to the
City. The bond shall be good and in effect for a period of one (1) year
from the date of completion of construction of the pipeline.
° Licensee shall indemnify, save and hold harmless the City of Beaumont
from any and all claims for injuries and damages to persons or property
occasioned by or arising out of the construction, maintenance, operation,
repair or removal of the pipeline. This indemnity expressly extends to
claims alleging negligence by the City of Beaumont, it's agents, officers or
employees, arising from actions taken or occurrences under this license
agreement.
If the pipeline or any part thereof installed by Licensee shall be in any
respect damaged or injured by City or any of its agents or employees in
5
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 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 Iicense 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
6
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
City to relocate, alter, encase, change, adopt or conform the pipeline of
Licensee thereto,such change shall be made promptly by Licensee at its cost
and without claim for reimbursement or damages against City. If the
change is demanded by the City for the benefit of any other person or
private corporation, except the City or the Texas Department of
Transportation, Licensee shall be reimbursed fully by the person or
corporation desiring or occasioning such change for any expense arising out
of such change; provided,however, should the change be requested by the
Texas Department of Transportation or be required due to construction of a
state or federal highway, Licensee will, upon notice from the City,make such
change immediately and at its own cost; it being understood that City will
not participate in any part of the cost of any change involving relocation,
altering, encasing, boring, or changing in any manner of the pipeline where
same is in a City street, alley, easement or other right-of-way.
NOTIFICATION/INSPECTION:
° Any and all work to be performed on City right-of-way (R.O.W.) shall be
observed and inspected by a City representative. Any work to be
performed within the City limits will be subject to periodic inspection to
ensure compliance with construction standards.
° Licensee shall provide the City (Public Works Department - Engineering
Division) twenty-four (24) hours prior to the installation of the lines
permitted by this license. Licensee shall also notify the City twenty-four
(24) hours prior to any street or R.O.W. crossing. A representative will
be scheduled to be present. The expense of such inspection services may be
billed to the Licensee and such amounts will be reimbursed to the City.
Licensee shall notify the Engineering Division at least forty-eight (48)
hours prior to completion of work and removal of equipment from the job
site to permit the City to make an inspection.
7
SPECIAL CONDITIONS:
Nonassignable
This license is personal to the Licensee. It is nonassignable and any attempt to assign this
license will terminate the license privileges granted to Licensee hereunder.
Termination
This agreement is subject to termination by the City if any condition specified herein is
not met. This agreement may also be terminated by the Licensee. Either party attempting to
terminate this agreement shall give written notice to the other specifying the date of,and
the reason for, termination. Such notice shall be given not less than thirty(30)days
prior to the termination date therein specified. Any written notice may be effected either
by personal delivery or by registered or certified mail, postage prepaid with return receipt
requested. Mail notices shall be addressed to the addresses of the parties as follows:
City of Beaumont Name of Licensee:TE Products Pipeline Company,LLC
P.O. Box 3827
Beaumont,Texas 77704 Address of Licensee: C/O Paul Lair; P.O. Box 4324
Attn: City Manager City and State of Licensee: Houston,TX 77210-4324
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)
TE Products Pipeline Company,LLC
Paul Lair
Attomey In Fact
Title
ATTEST:
By:
Secretary
\pipelines\\pipeline_license agree 9 Revised 12-14-2007
PIPELINE DATA
1.0 GENERAL INFORMATION
1.1 APPLICANT/OWNER:
TE PRODUCTS PIPELINE COMPANY,LLC
P.O.BOX 4324
ATTN:MR PAUL LAIR
1.2 PIPELINE NAME: 12"PIPELINE TO TEPPCO BEAUMONT FACILITY
JEFFERSON COUNTY,TEXAS
1.3 PRODUCT: 12"BUTANE
1.4 PROPOSED CONSTRUCTION ACTIVITIES ARE SCHEDULED TO BEGIN
JUNE,2010
2.0 PIPELINE DESIGN DATA
2.1 DESIGN CODES: THE DEPARTMENT OF TRANSPORTATION("DOT")
STANDARD CFR TITLE 49,PART 195,"TRANSPORTATION OF
HAZARDOUS LIQUIDS BY PIPELINE"AND PART OF THE RAILROAD
COMMISSION PIPELINE SAFETY RULES AND ASME B31.4
2.2 DESIGN PRESSURE: 1440 PSIG(MAXIMUM ALLOWABLE OPERATION
PRESSURE)
2.3 HYDROSTATIC TEST PRESSURE: 1850 PSIG(MINIMUM)
3.0 CARRIER LINE PIPE
3.1 OUTSIDE DIAMETER: 12.75"
3.2 WALL THICKNESS: 0.375
3.3 PIPE SPECIFICATION: API 5L,GRADE x-52
3.4 SPECIFIED MINIMUM YIELD STRENGTH: 52,000 PSI
3.5 MATERIAL: CARBON STEEL
3.6 PROCESS OF MANUFACTURE: ERW
4.0 CATHODIC PROTECTION
4.1 RECTIFIER IMPRESSED CURRENT
5.0 CONSTRUCTION METHOD
5.1 PIPELINE WILL BE INSTALLED BY CONVENTIONAL METHOD AND
HORIZONTAL DIRECTIONAL DRILL INSTALLATION METHOD.
JEFFERSON COUNTY, TEXAS
DAVID A. CUNNINGHAM SURVEY, A--15
0 69
0 4,� 96
287
34
0
Q� G
O,9
O
axtis
ar�uws
L.SAW
3514
9
PROPOSED 12" 287
PIPEUNE
PROJECT LOCA110N
�n
FEDERAL �Po
CORRECTIONAL' 90
COMPLEX
w 9
seAUx�T
iy
3000' 1500' 0' 3000'
GULLETT & ASSOCIATES, INC.
SCALE 7705 SOUTH Loop EAST HOUSTON, 'TIM
(7i5).saa-szis
VICINITY MAP
PROPOSED 12" PIPELINE $
JEFFERSON COUNTY, TEXAS
OWN stvmv on wwo m40D m"on er Dal
an=rr ou au
�x a i.
I, 731071906 0.3434-000
JEFFERSON COUNTY, TEXAS
DAVID A. CUNNINGHAM SURVEY, A-15
0 m
a o Y/
m o
a] O O m
0
v ` 002
34'34'
r, Proposed 12" ���� ♦ E.G. CORD 7S, A
Pipeline �� ''�� �
S 30'43'55' E
N= 3 P�L
E= 3,531,181.91 ♦` ♦♦ Mar
CORD7S, JR. ♦� N.
o m obi to
+ + + + N N
PLAN o03
Scale: 1" 30' Johns Guile y. R
(First Crossing)
01 0
CL a
0 0
a; C V'} io U) C N
197 Cd p M d
2i L�li Nm w t� I�a! go 2 15 2 W
O d 000 01
N 04
30. .......... .................................. ........ ........................................................... .........
30
Both Sides
20' ...4:..Min... ................... ................... ...................:.....Nabirai-•Gifou d 20'
10' ............ .... 10
............................................
a, ...................:. :.. .
Proposed;.1.Z.................�1'T.fl......
Pipeline:
—10' ..........:.........................................I... ...... . ...........................I...................I.........
—10
—20' ......................................'.............................. ...... ._ ........... —20
1+00 1+50 2+00 2+50
P R O F I L E F.B. 4651, Pg. 3
Scale: 1"=30' Horiz. & Vert. GULIZff & ASSOCIATES, INC.
rM SOUTH UW UK HOUSTON. TEXAS
Note: Pipeline To Be Installed (719)044-9219
By Horizontal Drill Method
T.B.M. — Pipeline Marker
0 Sta. 2+25, 4.9' RT.
Elev. 14.16' PROPOSED 12" PIPELINE
ACROSS JOHN'S GULLEY (FIRST CROSSING)
JEFFERSON COUNTY TEXAS
EFI=E ,
PIPE SPECIFICATIONS: i
CARRIER PIPE: 12.750" W.T. x 0.375' W.T. oawx w eoe aae n/Ww wno N"mm w m
API 5L X-52. ERW Pipe a a sM am 01/10
Max. Oper. Pressure: 1,440 PSIG xa ew
Min. Yield Pressure:: 1,850
000 P 131071905 IPE-3439--101
JEFFERSON COUNTY, TEXAS
DAVID A. CUNNINGHAM SURVEY, A-15
' C'
r00 a, o�
E.G. Cordts, Jr.
i
Pi 'Teppco Marker
2Cr Pipe ' Exist. Loutex
36'14' ♦� Pipeline
i
AS 36'13'28"
5,3' / N=13.941.988.84 i� PrPiposed 1p
2" 5.6'
E= 3,530.492.40 /
���� �i� .y'1 ^J� p9 pv/
tix ,x/ QP x ,�x �x
E.G. Cordts, Jr.
003
PLAN John's Gully, R/W
Scale: 1" = 30'
(2nd Crossing)
> >
at n at o o Y ^ 0. 0-t0: i)
wi c n in tV v> O pcp ko 0
ZC3 ,C`j h1113 F� LJ Sid W W133ZIII
f � � Marker Sign
Natural
20' Ground... ...)....... ........................ .......... ....................... .... ................. ... �$oth Sides)....... 201
4' Min.
10' � .. ✓/,�/ .................................... ............l�. ...... 10
�/ / / / ,
�.•:��•::••: 10.7'
00 ..... ..............................:. .... ............,:............. .PFAP9�ed..12"..:.............................., 0.
Pipeline
............:.......................................:................. .............:............................... —10'
-20' .....................................-........................................................................................................ -20'
2+00 1+50 1+00
P R O F I L E F.B. 4651, Pg. 7-9
Scale: 1"=30' Horiz. & Vert. GULI.ETT & ASSOCIATES, INC.
7705 SOUTH WOP BAST HOUSTON. TEW
Note: Pipeline To Be Installed (713) 644-Will
By Horizontal Directional Drill
T.B.M. — P/L Marker, 14.8' RT.
® Sta. 1+19
Elev. 14.9' i PROPOSED 12" PIPELINE
UNDER JOHN'S GULLEY (SECOND CROSSING)
PIPE SPECIFICATIONS: JEFFERSON COUNTY, TEXAS
CARRIER PIPE: 12.750" W.T. x 0.375" W.T.
API 5L X-52, ERW Pipe s� arV� eaE nova oac
Max. Oper. Pressure: 1,440 PSG
Min.
Min. Test Pressure: 1,850 PSIG0i�
Min. Yield Strength: 52,000 PSI s 731071N5 sm ai � —M
JEFFERSON COUNTY, TEXAS
PELHAM HUMPHRIES SURVEY, A-'32
\ a
U) c
Cc
_ \ cc 006
\ \ OAfankfig 8eoumont
` Partners, LP.
\ \\ 53041'28"E
Proposed 12"
_ \ Pipeline
D>Tfank/ng Beaumont \ \ \\
Portners, LP. \ \\ \ 1\
S \` + \ ;
2
E 6►
P L A John's Gull e y. R f W
Scale: i" = 20' (Third Crossing)
k
comco cab ch
C 'j ui
,-
0
8+ + + + +
r r r r r
Natural
200 .......... ..... .................................. .......................... ................................... .....Ground.,.. 20'
15' - .. ............................. . •.........I.............. ........ ........ ,.. 0^
'7`
15'
1o' ...... ............. .......,................. ...`......... ip,
5, :... A...p'. ....... 5'
..........T.O.P Eiev.• 1.0'.......... ............................. ................ 0'
-5' ..................�.Wo d-TZ.. ............ .............................:......,.....-,. -5,
1.......... ...................I...Pieline-1a -10'
1+00 1+50 2+00
P R O F I L E
Scale: V-20' Horiz. & Vert. GUi18TT & ASSOCIATES. INC.
rras eana ( 044-IM
a sue
NOTE: Pipeline To Be Installed By
Conventional Method. _
T.B.M. - Pipeline Marker
0 Sta. 1+05, 0.6' RT.
Bev. 15.86' PROPOSED 12" PE'T:IINE
ACROSS JOHN'S GUII.EY (THIRD CROSSING) '
PIPE SPECIFICATIONS:
JEFF ERSON COUNTY, TEXAS
CARRIER PIPE: 12,750" W.T. x 0.375" W.T. oaM er it o= eyoe/,o �enm,wwor®ea nu
API 51. X-52, ERW Pipe 1,,,m=w ow we o
Max. peer.Pres seta .1�135o PSIGG mme a za reg nWal ..�
MK Min. Yield Strength: 52,000 PSI g T31071905 a' TPE-3434-104 I
JEFFERSON COUNTY, TEXAS
DAVID A. CUNNINGHAM SURVEY, A-15
0
002 John's Gulley �,
ao, m b°i 4 je,
E.G. Cordts, Jr. —_ �+ �o W W W
-- E.G. Cordts, Jr.
Edge Of 24" Culvert
Borbed Wire 1/ Gravel / 1 (1 Exist. Unocal 6"
Fence 70'51' Pipeline
21.3' S T E
Pro posed 12"
Pipeline / N-13,941,039.00
/ N-13,941,402.59 E- 3 0 6 580
LAT. -2759'79'
LONG=-94'03'49"
LONG--94'03'51" �� �� h h
P L A N 004 Tx. H�
Scale: 1" 100' 93
TxDOT F.M. 35141 R/W
(400' Wide)
as L
in o I N ''ol r-y c P) c c pp
O C� O
in Ui in
0 — 966 16
CP
Z4! Z]LiJ IaWat-ii, 6184m .Zm L Wv
O tD aa) + 00 n N rn
60' Natural _ _ _ 4' Min.. Marker Sign 60'
40' Ground (Both Sides) 40'
20' 20'
—20' 51 . 69.3'. _.2Q,
—40 . . . . . . . . . . . . . q'Prosed 12" . . . . . . . . . . . . —40
—60 . . . . . : . . . . . . . : . .Ripeline . . . . . . : . . . . ".•."'�-+.. . —60
—80 . . . . . .. . . . .. . .. . . . . . . . . .. . .. —80
1+00 2+00 3+00 4+00 5+00 6+00
P R O F I L E F.B. 4651, Pg. 4-6
Scale: 1"=100' Horiz. & Vert. GULLETT & ASSOCIATES, INC.
7705 SOUTH iw OP UST HOUSTON. micas
Note: Pipeline To Be Installed
By Horizontal Directional Drill
T.B.M. — Ct F.M. Highway 3514
® Sta. 4+59
Elev. 20.9' PROPOSED 12" PIPEUNE
UNDER TXDOT F.M. 3514, R/W
PIPE SPECIFICATIONS: JEFFERSON COUNTY, TEXAS
CARRIER PIPE: 12.750" W.T. x 0.375" W.T. g
API 5L X-52, ERW Pipe °m r ° 1 ma m Wm wave➢w epc '
Max. Oper. Pressure: 1,440 PSIG asm K ou °� 0VU
Min. Test Pressure: 1,850 PSIG L�4123 srMin. Yield Strength: 52,000 PSI 6i05 9W I W I M-34WM
/ 1 TEPPCO
-r , { TANK
' Jr FARM
'`p/� A� (' i' 'Y�c��••ice' � 1:
may.y v i \ � t:1 F, '�'�a'�,1 j:1•1r ._
#7
f
l LJ�lV llJ ZL L it
� -�_ I 1r �. � .. � 1.;`'• JOHN'S GULLY - ...
JCDD X17 °; CROSSING 1Y
--- JOHN'S GULLY
CROSSING #2
ROPOSED 12 PIPELINE
Gardem
_ i { TX JCDD HWY. 3514 _e JOHN'S GULLY
ROBBING #
1
,Y
•
�._ r -i•:Y.a �1 r a 1 s. r
�L
It �f��� � � - .L �- - *+.+-fir _ i - �—" • ; 4 ��,�� ��:
.
,
4000' 2000' 0' 4000'
SCALE f GUU.&= & ASSOCIATES, INC.
CA 7705 SOUTH LOOP EAST HOUSTON, TEXAS
i (713) 844-3219
■ gg�
O 9
VICINITY MAP R
PROPOSED 12" PIPELINE
JEFFERSON COUNTY, TEXAS
a
OMPI M W 0111E 07/01/10 W*W M01OItD M 0111[
cc=N am 0111[ 0/10 "J
t' 7131071out a/�9W TK-349—MI
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 TE Products Pipeline Company, LLC, to install a twelve inch (12") pipeline
to cross John's Gully, east of West Cardinal Drive, within the city limits of the City of
Beaumont for the purpose of transporting oil, gas, water or related refined products.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of May,
2010.
- Mayor Becky Ames -
I
c
RICH WITH OPPORTUNITY
BEAUMON*
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: May 18, 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 water
services for the Beaumont Gracelake Townhomes.
BACKGROUND
ITEX Professional Park, LLC has agreed to convey a 10 foot wide exclusive Waterline
Easement to the City of Beaumont. The easement, out of Lots 7 and 8 of the M. C. Cartwright
Subdivision, will provide water services for the Beaumont Gracelake Townhomes located at
3985 Sarah Street.
BUDGETARY IMPACT
None.
\enggracelake-ib
11 May 2010
I
RESOLUTION NO.
WHEREAS, ITEX Professional Park, LLC, has offered to convey a ten foot (10')
wide exclusive water line easement for property located at 3985 Sarah Street, said
easement being out of Lots 7 and 8, M. C. Cartwright Subdivision, as described in Exhibit
"A" and shown on Exhibit "B", attached hereto, to the City of Beaumont for the purpose of
providing water services to the Beaumont Gracelake Townhomes 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 ITEX Professional Park, LLC, as described in Exhibit"A"
and shown on Exhibit "B," be and the same is hereby, in all things, accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of May,
2010.
- Mayor Becky Ames -
0.6410 ACRE OF LAND
FOR WATERLINE EASEMENT PURPOSES
PART OF LOTS 7 AND 8, M.C. CARTWRIGHT SUBDIVISION,
JEFFERSON COUNTY,TEXAS
BEING 0.6410 acre of land for waterline easement purposes out of and a part of Lots 7
and 8, M.C. Cartwright Subdivision, recorded in Volume 4, Page 194, Map Records,
Jefferson County, Texas; being out of and a part of a (Called 20.823) acre tract of land
conveyed to Itex Professional Park, LLC, recorded in File No. 2010011878, Official
Public Records, Jefferson County, Texas; said 0.6410 acre tract being more fully
described by metes and bounds as follows,to wit:
COMMENCING at a %Z" steel rod, capped and marked "SOUTEX", found on the
intersection of the common line of Lots 9 and 15, M.C. Cartwright Subdivision and the
Northerly right of way line of a dedicated road named Cardinal Drive (a.k.a. U.S. HWY
69, 96, 287) (a.k.a. Loop 251), conveyed to the State of Texas, recorded in Volume 1083,
Page 276, Deed Records, Jefferson County, Texas; said '/z" steel rod being the Southwest
corner of a (Called 19.72) acre tract of land conveyed to Antioch Missionary Baptist
Church, recorded in File No. 2000027592, Official Public Records, Jefferson County,
Texas; the Southwest corner of a (Called 0.0384) acre waterline easement conveyed to
the City of Beaumont, recorded in File No. 2005024915, Official Public Records,
Jefferson County, Texas; and the Southeast corner of the (Called 20.823) acre tract; said
'/2" steel rod having a State Plane Coordinate of N:13958397.62, E: 3510536.03;
THENCE,North 03 deg., 24 min., 23 sec., West, on the common line of said Lots 9 and
15, same being the West line of the (Called 0.0384) acre waterline easement, a distance
of 142.34' passing the common corner of Lots 8, 9, 14, and 15, M.C. Cartwright
Subdivision; continuing for a total distance of 150.90' to a point for corner for the
POINT OF BEGINNING and most Southerly Southeast corner of the herein described
tract;
THENCE, South 86 deg., 35 min., 37 sec., West, a distance of 10.00' to a point for
corner;
THENCE, North 03 deg., 24 min., 23 sec., West, 10' West of and parallel to the
common line of said Lots 8 and 14, a distance of 587.92' to a point for comer for the
common line of Lots 7 and 8, M.C. Cartwright Subdivision;
THENCE, North 03 deg., 12 min., 21 sec., West, 10' West of and parallel to the
common line of said Lots 7 and 13, a distance of 10.14' to a point for corner;
THENCE, South 86 deg., 49 min., 40 sec., West, 10' North of and parallel to the
common line of said Lots 7 and 8, a distance of 125.14' to a point for corner;
EXHIBIT "A"
THENCE, the following courses and distances:
South 03 deg., 10 min., 20 sec.,East, a distance of 5.00' to a point for comer;
South 86 deg., 49 min.,40 sec., West, a distance of 30.83' to a point for corner;
North 03 deg., 10 min., 20 sec., West, a distance of 5.00' to a point for corner;
THENCE, South 86 deg., 49 min., 40 sec., West, 10' North of and parallel to the
common line of said Lots 7 and 8, a distance of 143.79' to a point for corner;
THENCE, the following courses and distances:
South 03 deg., 10 min., 20 sec.,East, a distance of 29.64' to a point for corner;
South 86 deg., 49 min.,40 sec., West, a distance of 10.00' to a point for corner;
North 03 deg., 10 min., 20 sec., West, a distance of 29.64' to a point for corner;
THENCE, South 86 deg., 49 min., 40 sec., West, 10' North of and parallel to the
common line of said Lots 7 and 8, a distance of 253.64' to a point for corner;
THENCE, the following courses and distances:
South 03 deg., 18 min., 18 sec.,East, a distance of 64.42' to a point for corner;
South 86 deg., 41 min., 42 sec., West, a distance of 10.00' to a point for corner;
North 03 deg., 18 min., 18 sec., West, a distance of 64.45' to a point for corner;
THENCE, South 86 deg., 49 min., 40 sec., West, 10' North of and parallel to the
common line of said Lots 7 and 8, a distance of 142.97' to a point for corner on the
common line of Lots 1 and 7, M.C. Cartwright Subdivision, same being the West line of
the(Called 20.823) acre tract;
THENCE, North 03 deg., 19 min., 00 sec., West, on the common line of said Lots 1 and
7, same being the West line of the (Called 20.823) acre tract, a distance of 10.00' to a
point for comer;
THENCE,North 86 deg., 49 min.,40 sec., East, 20' North of and parallel to the common
line of said Lots 7 and 8, a distance of 142.97' to a point for corner;
THENCE, the following courses and distances:
North 03 deg., 18 min., 18 sec., West, a distance of 135.00' to a point for corner;
North 13 deg., 20 min., 18 sec., West, a distance of 16.18' to a point for corner;
North 48 deg., 08 min., 23 sec., East, a distance of 101.59' to a point for corner;
North 26 deg., 3 8 min., 23 sec., West, a distance of 46.17' to a point for corner;
South 70 deg., 03 min., 44 sec., West, a distance of 24.23' to a point for corner;
North 19 deg., 56 min., 16 sec., West, a distance of 31.21' to a point for corner;
North 70 deg., 03 min., 44 sec., East, a distance of 10.00' to a point for corner;
South 19 deg., 56 min., 16 sec., East, a distance of 21.21' to a point for corner;
North 70 deg., 03 min., 44 sec., East, a distance of 23.12' to a point for corner;
South 26 deg., 3 8 min., 23 sec., East, a distance of 52.34' to a point for corner;
North 48 deg., 08 min., 23 sec., East, a distance of 9.09' to a point for corner;
South 74 deg., 14 min., 58 sec., East, a distance of 95.77' to a point for corner;
South 29 deg., 26 min., 30 sec., East, a distance of 1.89' to a point for corner;
South 74 deg., 14 min., 58 sec., East, a distance of 58.10' to a point for corner;
South 03 deg., 11 min., 14 sec., East, a distance of 16.84' to a point for corner;
North 86 deg., 48 min., 46 sec., East, a distance of 172.93' to a point for corner;
North 01 deg., 04 min., 26 sec., East, a distance of 277.98' to a point for corner;
North 86 deg., 47 min., 39 sec., East, a distance of 19.45' to a point for corner;
North 01 deg., 04 min., 26 sec., East, a distance of 64.14' to a point for corner;
South 88 deg., 55 min., 34 sec., East, a distance of 10.00' to a point for corner;
South 01 deg., 04 min., 26 sec., West, a distance of 63.40' to a point for corner;
North 86 deg., 47 min., 39 sec., East, a distance of 112.47' to a point for corner;
THENCE, North 03 deg., 12 min., 21 sec., West, 10' West of and parallel to the
common line of Lots 7 and 13, M.C. Cartwright Subdivision, a distance of 141.08' to a
point on the South right of way line of a dedicated road named Sarah Street, recorded in
Volume 2351,Page 448,Deed Records, Jefferson County, Texas and Volume 1662, Page
148, Deed Records, Jefferson County, Texas;
THENCE, North 86 deg., 47 min., 39 sec., East, on the South right of way line of said
Sarah Street, a distance of 10.00' to a %2" steel rod, capped and marked "SOUTEX",
found on the common line of said Lots 7 and 13; said 1/2" steel rod being the Northwest
corner of a (Called 9.9762) acre tract of land conveyed to Jehovah Jireh Village
Community Development Center, recorded in File No. 2008008250, Official Public
Records, Jefferson County, Texas; and the Northeast comer of the (Called 20.823) acre
tract; said '/2" steel rod having a State Plane Coordinate of N:13959730.89, E:
3510458.76, and being the most Northerly Northeast corner of the herein described tract;
THENCE, South 03 deg., 12 min., 21 sec., East, on the common line of said Lots 7 and
13, a distance of 151.08' to a point for corner;
THENCE,the following courses and distances:
South 86 deg., 47 min., 39 sec., West,a distance of 142.67' to a point for corner;
South 01 deg., 04 min., 26 sec., West, a distance of 203.78' to a point for corner;
South 88 deg., 55 min., 34 sec., East, a distance of 18.15' to a point for corner;
South 01 deg., 04 min., 26 sec., West, a distance of 10.00' to a point for corner;
North 88 deg., 55 min., 34 sec., West, a distance of 18.15' to a point for corner;
South 01 deg., 04 min., 26 sec., West, a distance of 64.21' to a point for corner;
South 86 deg., 48 min., 46 sec., West, a distance of 192.21' to a point for corner;
North 03 deg., 11 min., 14 sec., West, a distance of 19.69' to a point for corner;
North 74 deg., 14 min., 58 sec., West, a distance of 50.96' to a point for corner;
North 29 deg., 15 min., 00 sec., West, a distance of 1.89' to a point for corner;
North 74 deg., 14 min., 58 sec., West, a distance of 90.28' to a point for corner;
South 48 deg., 08 min., 23 sec., West, a distance of 109.60' to a point for corner;
South 13 deg., 20 min., 18 sec., East, a distance of 11.11' to a point for corner;
South 03 deg., 18 min., 18 sec., East, a distance of 135.90' to a point for corner;
THENCE,North 86 deg., 49 min.,40 sec., East, 20' North of and parallel to the common
line of said Lots 7 and 8, a distance of 573.42' to a point for corner on the common line
.of said Lots 7 and 13;
THENCE, South 03 deg., 12 min., 21 sec., East, on the common line of said Lots 7 and
13, a distance of 20.14' to a 1/z" steel rod found for the common corner of Lots 7, 8, 13,
and 14 on the East line of the (Called 20.823) acre tract; said 1/Z" steel rod being the
Southwest corner of the (Called 9.9762) acre tract and the Northwest corner of the
(Called 19.72) acre tract;
THENCE, South 03 deg., 24 min., 23 sec., East, on the common line of said Lots 8 and
14, a distance of 572.89' passing the Northeast corner of the (Called 0.0384) acre
waterline easement; continuing for a total distance of 587.89' to the POINT OF
BEGINNING and containing 0.6410 acre of land,more or less.
Note: Bearings, distances, and acreage are based on State Plane Coordinate Grid System
Texas South-Central Zone, NAD 83, having a Combined Scale Factor of 0.999938374
and a Convergance Angle of 02 deg., 23 min., 18 sec.
This description is based on the Land Survey made by Anthony M. Leger, Registered
Professional Land Surveyor No. 5481, on April 5, 2010.
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RICH WITH OPPORTUNITY
BEAUMON*
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attornx-----
MEETING DATE: May 18, 2010
REQUESTED ACTION: Consider a resolution authorizing the settlement of the
lawsuit styled Brandon Pickard vs. City of Beaumont,
Texas, et al
RECOMMENDATION
Administration recommends approval of a resolution authorizing the settlement of a lawsuit
styled Brandon Pickard v. City of Beaumont, Texas, et al in the amount of$45,000.
BACKGROUND
This matter was most recently presented and discussed in Executive Session held on May 11,
2010. The City Attorney is requesting authority to settle this suit for the $45,000 amount.
BUDGETARYIMPACT
There are sufficient funds in the General Fund to pay the settlement amount.
RESOLUTION NO.
WHEREAS, the lawsuit styled Brandon Pickard v. City of Beaumont, Texas, et al
was discussed in Executive Session properly called and held Tuesday, May 11,2010; and,
WHEREAS, the Council desires to authorize the settlement of the lawsuit styled
Brandon Pickard v. City of Beaumont, Texas, et al;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit styled
Brandon Pickard v. City of Beaumont, Texas, et al for the sum of Forty-Five Thousand
Dollars ($45,000).
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of May,
2010.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
BEA,UMON*
T - E * X - A - 8
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MAY 18,2010 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition:
* Public Comment: Persons may speak on scheduled agenda item 1-2/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider authorizing the City Manager to increase the Sanitary Sewer
Rehabilitation of Small Diameter Mains Contract-XVIII Project for"extra work"
2. Consider authorizing the City Manager to apply for and receive funding from the
Department of Housing and Urban Development for the design and construction
of a Skate Park
PUBLIC HEARING
* Receive comments on a proposal to reallocate funds from the 2009 FEMA Hazard
Mitigation Grant Program and from the 2009 Clearance and Demolition line
items to the 2009 Public Facilities-L.L. Melton Building Repair line item
3. Consider approving a resolution to reallocate funds from the 2009 FEMA Hazard
Mitigation Grant Program and from the 2009 Clearance and Demolition line
items to the 2009 Public Facilities-L.L. Melton Building Repair line item
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:
Eric Kvarme,Derrick Wayne Fowler,Douglas Kibodeaux and Rebecca Chism vs.
The City of Beaumont,Texas and The Civil Service Commission of the City of
Beaumont
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
May 18,2010
Consider authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small
Diameter Mains Contract-XVIII Project for"extra work"
RICH WITH OPPORTUNITY
BEAUMOK*
T • Z * X • A - s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director Ale
MEETING DATE: May 18, 2010
REQUESTED ACTION: Council approval of a resolution authorizing the City
Manager to increase the Sanitary Sewer Rehabilitation of
Small Diameter Mains Contract-XVM Project for"extra
work".
RECOMMENDATION
Administration recommends approval of increasing the Sanitary Sewer Rehabilitation of Small
Diameter Mains Contract-XVM Project amount by$213,264. The proposed changes to the
contract will famish all necessary labor, materials, and equipment to slipline approximately 1,620
linear feet of 15-inch sanitary sewer lines with 12-inch DR 17 HDPE, open rut approximately 493
linear feet of 15-inch DR-17 HDPE sanitary sewer lines, furnish and install one manhole at the
connection point to the existing 30-inch sanitary sewer line, furnish and maintain traffic control
for 11*Street,remove and replace four existing sanitary sewer manholes, replace ten flinch short
side service connections into the shplined pipe, clean and televise approximately 1,620 linear feet
of existing deteriorated lines for slipliner pipe, post televise 2,116 linear feet of rehabilitated
sanitary sewer lines, and increase the contract time by 75 calendar days. The additional days
increases the total contract time to 275 calendar days. The proposed extra work will represent an
increase of 23.06%of the original contras amount. The proposed extra work is located on
Interstate 10 from North Tenth Street to Eleventh Street and North on 11i Street to an existing
30-inch sanitary sewer line.
BACKGROUND
The existing sewer lines built in the 1950's have deteriorated and require major rehabilitation. The
primary goals of the project are to restore the integrity of the sanitary sewer lines, restore the
majority of the carrying capacity, and provide customers with uninterrupted and adequate service.
Previous actions include:
Resolution 10-102 in the amount of$924,623.00 was passed by City Council on April 20, 2010.
Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XVIR Project
May 18,2010
Page 2 of 2
This Change Order is recommended for approval by the City Manager and the Water Utilities
Director.
BUDGETARY IMPACT
Funds for the project are available in the Capital Program
i
Al
all I-Awl I
sill
RESOLUTION NO.
WHEREAS, on April 20, 2010, the City Council of the City of Beaumont, Texas,
passed Resolution No. 10-102 awarding a contract in the amount of $924,623 with
Horseshoe Construction, Inc., La Porte, Texas, for the Sanitary Sewer Rehabilitation of
Small Diameter Mains Contract-XVIII; and,
WHEREAS, Change Order No. 1 in the amount of $213,264 is required for extra
work to furnish all necessary labor, materials, and equipment to slipline approximately
1,620 linear feet of 15-inch sanitary sewer lines with 12-inch DR-17 HDPE, open cut
approximately 493 linear feet of 15-inch DR-17 HDPE sanitary sewer lines, furnish and
install one manhole at the connection point to the existing 30-inch sanitary sewer line,
furnish and maintain traffic control for 11th Street, remove and replace four existing sanitary
sewer manholes, replace ten 4-inch short side service connections into the sliplined pipe,
clean and televise approximately 1,620 linear feet of existing deteriorated lines for slipliner
pipe, post televise 2,116 linear.feet of rehabilitated sanitary sewer lines and increasing the
contract time by 75 calendar days for a total of 275 calendar days and thereby increasing
the contract amount to $1,137,887;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute Change Order No. 1
increasing the contract amount by $213,264 for a revised total amount of$1,137,887 for
the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XVIII Project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of May,
2010.
- Mayor Becky Ames -
2
May 18,2010
Consider authorizing the City Manager to apply for and receive funding from the Department of
Housing and Urban Development for the design and construction of a Skate Park
RICH WITH OPPORTUNITY
BEAUMON*
T • R • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
4f.54
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: May 18, 2010
REQUESTED ACTION: Council consider authorizing the City Manager to apply for
and receive up to$295,000 in funding from the Department
of Housing and Urban Development for the design and
construction of a Skate Park.
RECONEI UNDATION
Administration recommends approval.
BACKGROUND
On May 11, 2010, a City Council Work Session was held to discuss the possible installation of a
Skate Park at 800 Pearl, in Downtown Beaumont. The proposal included construction of a Skate
Park for an estimated$293,200. In order to fund this project, an application for Economic
Development Initiative(EDI)funds would be made to the Department of Housing and Urban
Development. The purpose of the EDI grant is to leverage Section 108 Loan projects within
Downtown Beaumont. The Skate Park will consist of skating-related improvements to serve
younger visitors and their families. This amenity will provide an additional attraction,bringing
more visitors to Downtown Beaumont, while providing a much needed recreational feature to
citizens of Beaumont. Funds will be used to design and construct the facility, including site
preparation, lighting, signage, landscaping and skating improvements.
BUDGETARY E14PACT
Funds for the program would be available through this grant, with no required local match by the
City.
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 apply for and receive grant
funds in an amount up to $295,000 through the Department of Housing and Urban
Development Economic Development Initiative to be used to design and construct a Skate
Park at 800 Pearl.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of May,
2010.
- Mayor Becky Ames -
PUBLIC HEARING
* Receive comments on a proposal to reallocate funds
from the 2009 FEMA Hazard Mitigation Grant
Program and from the 2009 Clearance and
Demolition line items to the 2009 Public Facilities-
L.L. Melton Building Repair line item
3
May 18,2010
Consider approving a resolution to reallocate funds from the 2009 FEMA Hazard Mitigation
Grant Program and from the 2009 Clearance and Demolition line items to the 2009 Public
Facilities-L.L. Melton Building Repair line item
RICK WITH OPPORTUNITY
T - R - X - A - S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes,City Manager
r�
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: May 18, 2010
REQUESTED ACTION: Council conduct a public hearing to receive comments on a
proposal to reallocate funds from the 2009 FEMA Hazard
Mitigation Grant Program and from the 2009 Clearance and
Demolition line items to the 2009 Public Facilities-L.L.
Melton Building Repair line item and adopt a resolution to
reallocate the funds.
RECOMMENDATION
The Administration recommends approval.
BACKGROUND
With the closure of the Melton YMCA, the ownership of the facility has been assumed by the City
of Beaumont. Jehovah Jweh Village Community Development Center is seeping to lease the City-
owned f teility to provide recreational and other services to the community. In order to provide a safe
and adequate facility for this purpose, City staff have inspected the building and identified a listing
of needed repairs. The estimated costs of these repairs is$99,800.
In order to fund these repairs, a reallocation of$81,376 from the 2009 FEMA Hazard Mitigation
Grant Program, or the"Ike Flood Buyout Program"and a reallocation of$18,624 from the 2009
Clearance and Demolition line items are proposed. The new line item,Public Facilities-L.L.Melton
Building Repair,within the 2009 Program Year Budget,would then be used for these needed repairs.
BUDGETARY EWPACT
If the above funds are reallocated to the 2009 Public Facilities-L.L.Melton Building Repair line item
to fund the repairs,there will be a remainder of$30,527 in the 2009 FEMA Hazard Mitigation Grant
Program and$115,826 in the 2009 Clearance and Demolition line items.
INTER-OFFICE M EMORAN1DVM
City of Beaumont, Texas
Date:March 15,2001
To: Brends..Beadle,Capital Projects ManW
From: John Morgan,Building Services Superintendent
Subject: Estimate of repairs to the L.L.Melton Building
COMMENTS
As requested,we have carnplabd an estimate of repairs to the L.L. Mahon Building as described in an amail-dated
4/14/10. The estimate is itemized as follows:
Ia. Repair eight(8)heating and air eoaditicniqg units ofvariaus sizes,replace flour(4)existgg units that are 7Wt
repairable;replace twelve(12)tbeamostats;abandon and remove two(2)exhaust fags.
Estimated cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . 557,300.00
I b. Roof repairs at various areas. Estimated cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . $15,000.00
lc. General Phm hg repaim(a 10mce).Estimated cast . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $3,000.00
Pressure wash exterior wails.and pang those surfaM that are need of re-coating.
Estimated cast . . .$7,800.00
Convert bathroom showers to storage areas with shelving. Estimated cost . ... . . . . . . . . . . . . $26,600.00
4• Replace all fixtures in rear.rastroom. Estimated cost.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,600.00
5. -ftd ce.damaged and stained coiling Wa throughout. Estimated cost . . . . . . . . . ... . . . . . . ...
$8,300.00
6. Replace dridit kmtain in new gymnasium. .Estimated
cost
.. . . . $I,400.00
7. Pump down sMinm ng pools for assessment. Estimated cost . . . . . . . . . . . . . . . . . . . . . . . . no cost
8. Clean out and re seal expansion joints at front entry. Bstimated.cost' . $1,700.00
9
Roof flashing repairs are included in item no:1 b: Estimated cost , : .
. . . . . no cost
Clean and repair all grkttons and downspouts. Estimated cost . . . . . . . . -
$3,000.00
! 1 s
i11. Replace weatharstcippiug at all exterior doors. Total cost . . . . . . . . . . . . . . . . . . . . . . . . . $5,500.00
Install Partmoas at West Wing recreation room and Old Crymnasium to create muhiple classrooms. Partitions
Wall be code cmnpliant in every respect. Estimated cost . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ..$49,000.00
13. Install "storefront across both Wways near lobby to isolate reception arm
i
A k
Estimated cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,700.00
14. Demolish aU appliances,shelvm&cabinets,vents,suppression and the like from the exerting ldtcbw. Repair
all walls and oeil W, Repaint all walls and door. Estimated cost . . . . . . . . . . . . . . . . . . . . . $3,000.00
Total Estimated—All Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .$188,900.00
If you have any questions regohgg the provided information,please give me a call.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
WHEREAS,the City Council has conducted a public hearing concerning reallocation
of$81,376 from the 2009 FEMA Hazard Mitigation Grant Program and $18,624 from the
2009 Public Services-Elderly/Disabled Code Assistance line items to the 2009 Public
Facilities - L. L. Melton Building Repair line item;
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to reallocate $81,376 from the 2009 FEMA
Hazard Mitigation Grant Program and $18,624 from the 2009 Public Services-
Elderly/Disabled Code Assistance line items to the 2009 Public Facilities - L. L. Melton
Building Repair line item.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of May,
2010.
- Mayor Becky Ames -