HomeMy WebLinkAboutPACKET NOV 16 2010 RICH WITH OPPORTUNITY
BEA,[IMON*
T - E - B - A - S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NOVEMBER 16,2010 1:30 P.M.
CONSENT AGENDA
* Approval of minutes -November 9,2010
* Confirmation of committee appointments
George Crawford would be reappointed to the Convention and Tourism Advisory Board. The
current term would expire October 14,2012. (Councilmember Nancy Beaulieu)
A) Authorize the acquisition of a water line easement described as 0.0860 acre of land out of
Lot 19, Columbus Cartwright Subdivision No. 1
B) Authorize the acceptance of a water line easement described as 120.0 square feet out of
and part of Lot 1 Beaumont Motiva Subdivision
C) Authorize the execution of a License to Encroach Agreement with George and Bobbie
Blake
D) Approve an Addendum to an existing agreement with Network USA,LLC for the
additional placement of fiber optic cable in the public right-of-way
E) Authorize the City Manager to apply for and receive funds from the Texas Historical
Commission to conduct a survey of endangered historic properties
A
RICH WITH OPPORTUNITY
T • E , x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Director of Engineering/City Engineer Pr)
MEETING DATE: November 16, 2010
REQUESTED ACTION: Council consider authorizing the acquisition of a water line
easement.
RECOMMENDATION
The Administration recommends the acquisition of a water line easement to provide access for
water services at the existing facilities and proposed residences in the area in the amount of
$500.00.
BACKGROUND
Rose C. Canizales has agreed to convey a ten(10) foot wide water line easement to the City of
Beaumont. The Water Line Easement [0.0860] acre of land out of Lot 19, Columbus
Cartwright Subdivision No. 1] will provide access to the water services at the existing and
proposed facilities in the area.
The acquisition of the utility easement is recommended for approval by the City Manager,
Director of Engineering/City Engineer, and Water Utilities Director.
BUDGETARYIMPACT
Funds for the project are available in the Water Utilities Operating Budget.
RESOLUTION NO.
WHEREAS, Rose C. Canizales has offered to convey a ten foot(10')wide water line
easement, said easement being 0.0860 acre of land out of Lot 19, Columbus Cartwright
Subdivision No. 1, as described in Exhibit "A" and shown on Exhibit "B," attached hereto,
to the City of Beaumont for the purpose of placing, constructing, operating, repairing,
rebuilding, relocating and/or removing water lines and appurtenances to the existing
facilities and proposed residences in the area; 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 statements and findings set out in the preamble to this resolution are
hereby, in all things, approved and adopted; and
THAT the easement conveyed by Rose C. Canizales, 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 16th day of
November, 2010.
- Mayor Becky Ames -
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT,ROSE C. CANIZALES,hereinafter called"GRANTOR",whether one or more,for
and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00), and other good and
valuable consideration to it in hand paid by the CITY OF BEAUMONT, a municipal corporation
domiciled in Jefferson County,Texas, hereinafter called"GRANTEE",the receipt and sufficiency
of which consideration is hereby acknowledged,has GRANTED, SOLD and CONVEYED,and by
these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box
3827, Beaumont,Texas 77704, Jefferson County, Texas, its successors and assigns,a Water Line
Easement and the exclusive right to construct, alter, and maintain said water line and appurtenances
on the hereinafter described lands which said easements are under, over, in and across that certain
tracts or parcels of land owned by GRANTOR situated in the County of Jefferson,State of Texas,and
being more particularly described in Exhibit "A" and`B",attached hereto and made a part hereof for
all purposes.
The easement herein granted shall be used for the purpose of placing,constructing,operating,
repairing, rebuilding, replacing, relocating, and/or removing water lines and appurtenances, and the
following rights are also hereby conveyed:
It is expressly understood and agreed that the City of Beaumont shall have the right of ingress
to and egress from the tracts of land hereinbefore described and use of the same for the purposes
aforesaid, and giving said City the right and privilege to improve, maintain and operate the same as
permitted by law.
Grantor agrees not to place any structures or appurtenances within the Easement Property.
EXHIBIT "A"
Grantee shall not be responsible for the repair and replacement of any paving or other
structures within the Easement Property.
TO HAVE AND TO HOLD the above described easements and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this day of 52010.
GRANTOR:
ROSE C. CANIZALES
By:
Printed Name: Rose C. Canizales
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF X
This instrument was acknowledged before me on , 2010, by
known to me to be the persons whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed, and in the capacity therein stated.
Notary Public, State of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy-Engineering
P. O. Box 3827
Beaumont, TX 77704
11/09/20'_0 TL- 14:07 FAX 4098921345 003/004
EXHIBIT "A"
10'WATERLINE EASEMENT
U.-gal Description: 0.0860 Acre Water Line Easement
Out of and Part of Lot 19
Columbus Cartwright Subdivision No. 1
Volume 1 Page 112,Map Records
David Brown Survey,Abstract No. 5
Beaumont, Jefferson County,Texas
BEING a 0.0860 (3748 Sq. Ft.) acre water line easement situated in the David Brown Survey,
Abstract -.wo. 5, Jefferson Co aty, Texas and also being out of and part of Lot 19 of the
Columbus Cartwri;�ht Subdivision No. 1, a subdivision of the City of Beaumont, Jefferson
County, Texas, according to tare plat thereof recorded in Volume 1, Page 112, Map Records,
Jefferson County, Texas and being out of and part of that certain called 0.779 acre tract of land
as described in a"Deed" from the Administrator of Veterans'Affairs to George H. Canizales and
ivil.'e, Rose Marie Caniizales as recorded in Volume 1360 Page 347, Deed Records of Jefferson
County, Texas, said 0.,Q1860 (3748 Sq. Ft.) acre easement being more particularly described as
follows:
NOTE,: All bearings are based on the West line of the said 0.779 acre Canizales
tract as SOUTH 00 000'00" EAST as recorded in Volume 1360 Page 347, Deed
Records of.Ieffarson County, Texas.
COMMENCING at a 1/2" iron rod found for the Northeasterly corner of Lot 55, Block 1 of
Sunn.yside Addition, a subdivision of the City of Beaumont, Jefferson County,Texas, according
to the plat thereof recorded in Volume 5, Page 75, Map Records, Jefferson County, Texas the
same being the West line of Lost 19 of said Columbus Cartwright Subdivision No. 1 and said
corner also being the Southeast cornea of Belmont Street right-of-way(based on a width of 60
feet)., said iron rod also being the West line of the said David Brown Survey and the East line of
the C.Williams Survey,Abstract No. 59; r
THENCE NORTH 00°00'00" EAST, along and with the East right-of-way line of Belmont
Street and the West line of the said 0.779 acre Canizales tract, the same being the common line
between the said David Brown Survey and the said C. Williams Survey, for a distance of 4.30
feet to a point for corner and the POINT OF BEGINNING of the easement herein described;
THENCE NORTH 00°00'00" EAST, continuing along and with the East right-of-way line of
Belmont Street and the West line of the said 0.779 acre Canizales tract, the same being the
common line between the said David Brown Survey and the said C. Williams Survey, for a
distance of 10.00 feet to a point for corner(unable to find or set due to sanitary sewer manhole),
said point being the Northwest corner of the said 0.779 acre Canizales tract and also being the
Southwest corner of that certain called 1.42 acre tract of land as described in a "General
Warranty Deed" from Perry D. Brown, Jr. to Richard Harry Carter as recorded in Clerk's File
No. 2002035784, Official Public Records of Jefferson County,Texas;
EXHIBIT"A'
Page 1 of 2
MARIE IV.WHITELEYAhD ASSOCIATES,INC.
11/09/2010 14:08 FAX 4098921345 Z004/004
THENCE NORTH 88 022117" EAST, along and with the common line of the said 0.779 acre
Canizales tract and the said 1.42 acre Carter tract, for a distance of 139.32 feet to a point for
corner (unable to find or set due to drain inlet), said point being the Northeast corner of the said
0379 acre: Canizales tract and also said point being the Northwest comer of that certain called.
0.79 acre tract of land as described in a "Deed" from Joseph W. Holland and wife, Isa Fay
Holland to Jessie Escamilla and wife, Cynthia Marie Escamilla as recorded in Volume 1387
Page 618,Deed Records of Jefferson County,Texas;
THENCE; SOUTH 00 000'00" EAST, along and with the common line of the said 0.779 acre;
Canizales tract and the said 0.79 acre Escamilla tract, for a distance of 245.60 feet to a 1/2"iron
rod found for corner,said corner being the Southeast corner of the said 0.779 acre Canizales tract
and the Southwest corner of the said 0.79 acre Escamilla tract and also said corner being in the
a
North right-of-way line of Milani Street(based on a width of 60 feet);
THENCE SOUTH 89 056'46" WEST, along and with the North right of way line of Milani
Street,for a distance of 10.00 feet to a point for corner;
THENCE NORTH 00 000'00" EAST, over and across the said 0.779 acre Canizales tract, being
10 feet'West and parallel to the East line of the said 0.779 acre Canizales tract, for a distance of
235.32 feet to a point for corner;
THENCE SOUTH 88 022'17" WEST,over and across the said 0.779 acre Canizales tract,being
10 feet South and parallel to the North line of the said 0.779 acre Canizales tract,for a distance
of 129.32 feet to POINT OF BEGINNING and containing 0.0860 ACRES,(3748 Sq.Ft.)more
or less.
i
Surveyed on August 11, 2010. This legal scription is being submitted along with a plat based
on this survey(see EXHIBIT "B"). OF
M. ITEt tff....
Mark W.Whiteley,RPLS No. 3 "'�`;"°""' S e
WAN I0\IO-49T,10492m&b.doc • �`'+'¢ �cti•{�
t I4
s Uf a
I
EXHIBIT"A"
Page 2 of 2
MARK W.WHITELEY AND ASSOCIATES,INC.
CALLED 1.42 ACRES
0 12" PIPE SAN. SWR:.. RICHARD HARRY CARTER
CALC MANHOLE CF. N0.''2002035784
BELMONT STREET ;; , ASPHALT ROAD coRNER oPRJC cALC.
CD (60 ;;ROW) u ' C 12 PIPE CORNER
-_..-ss- x'--ss---s,- CORNER
SAN. SWR. ------a1o_____________'_ WM _PIPE
..–nnv---sr0� nor...__..-.m�_...._ac...._ _=ol— T
m��asi,
WM 4 !�.-. -- CALC. _
FND 3/4" FND S89'S7'34 E 328.27' FND SOO'00'00"E 1430' CORNERi I INLET a�� o
I. ROOD (CALL '34.0 ') (CALL SOUTH 14.30') I p4�N, �co
���0���� II
sLl c I roc FND 0.0860 ACRES i �Q�ppd������°
SUNNY$IDE ADDITION FT.) p - w
VOL. 5 PG. 75 FND 1/2 (3748 SQ. �� q
MRJC i. ROOD 10' WATERLINE EASEMENT I I d0ob°
CALLED 0.779 ACRES I + CALLED 0.79 ACRES
b h h h h h GEORGE H. CANIZALES et ux 1 I JESSIE ESCAMILLA et ux
1 1
O O O O �O O �O �O �O �O O O O VOL. 1360 PG. 347 I i VOL- 1387 DRJC G. 618
DRJC �
14" TREE---_.,� I 9.19'
,wN - I 112.09' LEGEND
�� ss 1 °off M 8.4' X 5.7' 13.30' - POWER POLE
EXHIBIT Bs 110 �,�, WOOD & FRAME _
°ooL., BUILDING ON I - GUY ANCHOR m
REFER TO EXHIBIT 'A" LZ,yQQA G o"'c�o WOOD FLOOR �)
FOR LEGAL DESCRIPTION ��vp' w M �i I ® - WATER METER
TELEPHONE PEDESTAL m
LINE BEARING DISTANCE o I ■ - INLET
L1 N00-00'00"E 4.30' I I Q - SAN. SWR. MANHOLE _
L2 N00'00'O0"E 10.00' SAN. SWR. 10.00' j 0 - TREE W
L3 N88'22'1 7"E 139.32' MANHOLE R\}� i " - 12" STRM. SWR. PIPE
L3 N88'26'00"E 139.30' CJ� FJ ( 15" SAN. SWR. PIPE
L4 S00'00'00"E 245.60' �� Q•
0
L4 SOUTH 245.60' �g dS I I _. _. - UNDERGROUND TELE. LINE WATERLINE
° L5 S89'56'46"W 10.00' � �''�,�+ I
M L6 N00'00'00"E 235.32' OT_26' - -- OVERHEAD ELECTRIC
c.1 L7 S88'22'17"W 129.32' -• ---•- FENCE
cc ( )-DENOTES CALLED BEARINGS AND DISTANCES FND 1/2" CALC. "
a�
I. ROOD CORNER __... .._._ _.
°
v' TO THE OWNERS OF THE PREMISES SURVEYED FND S89'56'46"W 139.27 L5 FND MIZ,AM STREET
y. AS OF THE DATE OF THE SURVEY. (CALL S89'59'30"W 139.30') 1• ROD (60' ROW)
s� I MARK W. WHITELEY DO HEREBY CERTIFY THAT THIS SURVEY WAS THI
CLIENT:
MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGAL I rfi CITY OF BEAUMONT 0.0860 ACRE WATERLINE EASEMENT
1n HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE S T E 9•,-f DR Bv; SAW SCALE No: 3748 S FT.
° OF THE SURVEY. �G a: vpt: ACRD 2009 1"=50' 1 of 1 10' WIDE >
cY , JOB N0. 11LE:W:\2010\10-492\ REV.
~' DATE SURVEYED. AUGUST 11, 2010 M.W.WHITELEY•• 1 o-4s2 1 o-4s2.Owc O OUT OF AND PART OF LOT 19
., ....
'
3636 MARK W. WHITELEY COLUMBUS CARTWRIGHT
�•;Q
o AND ASSOCIATES SUBIDIVISION NO. 1
o C l INCORPORATED
'o t f — 'S j,A—'+�' CONSULT114G ENGINEERS, VOLUME 1 PAGE 112, MAP RECORDS
SUMYORS.F40w AND PLANNERS® DAVID BROWN SURVEY
0
\V �+� F °'�"°�``I4 ABSTRACT N0. 5
P. o. Box sloe Ms WM FM. BEAUMONT, JEFFERSON COUNTY, TEXAS
MARK W. WHITELEY - REGISTERED PROF'ESSIONAI_ LAND SURVEYOR~No. 3636 scAUMO T. 7MB?"W-540 OTUMOMT. ?Eas mm
- 40V-ess-az1 (I +OB- -W49
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: Patrick Donart, Director of Engineering/City Engineer
MEETING DATE: November 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 a new fire
protection system for its Beaumont Terminal on West Port Arthur Road.
BACKGROUND
Motiva Enterprises, LLC have agreed to convey a Waterline Easement to the City of Beaumont.
The easement [120.0 square feet out of and part of Lot 1 Beaumont Motiva Subdivision] will
provide services for its Beaumont Terminal on West Port Arthur Road.
This Water Line Easement is recommended for approval by the City Manager, Director of
Engineering/City Engineer, and Water Utilities Director.
BUDGETARYIMPACT
None.
RESOLUTION NO.
WHEREAS, Motiva Enterprises, LLC has agreed to convey a one hundred twenty
(120)square foot water line easement, said easement being out of the Pelham Humphreys
Survey, Abstract No. 32, as described in Exhibit "A" and shown on Exhibit "B," attached
hereto, to the City of Beaumont for the purpose of providing fire protection services for its
Beaumont Terminal on West Port Arthur Road; 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 statements and findings set out in the preamble to this resolution are
hereby, in all things, approved and adopted; and
THAT the easement conveyed by Motiva Enterprises, 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 16th day of
November, 2010.
- Mayor Becky Ames -
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT,MOTIVA ENTERPRISE,LLC.,of the County of Harris,State of Texas, hereinafter
called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND
NO/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the
CITY OF BEAUMONT,a municipal corporation domiciled in Jefferson County,Texas,hereinafter
called"GRANTEE",the receipt and sufficiency of which consideration is hereby acknowledged,has
GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY
unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County,
Texas,its successors and assigns,a Water Line Easement and the exclusive right to construct,alter,
and maintain said water lines and appurtenances on the hereinafter described lands which said
easement is under,over, in and across those certain tracts or parcels of land owned by GRANTOR
situated in the County of Jefferson,State of Texas,and being more particularly described in Exhibits
"A" and "B", attached and made a part hereof for all purposes.
The easement herein granted shall be used for the purpose of placing,constructing,operating,
repairing,rebuilding,replacing,relocating,and/or removing water lines and appurtenances,and the
following rights are also hereby conveyed:
It is expressly understood and agreed that the City of Beaumont shall have the right of ingress
to and egress from the tracts of land hereinbefore described and use of the same for the purposes
aforesaid, and giving said City the right and privilege to improve,maintain and operate the same as
permitted by law.
GRANTOR agrees not to place any structures or appurtenances within the Easement
Property.
EXHIBIT "A"
Grantee shall not be responsible for the repair and replacement of any paving or other
structures within the Easement Property.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this day of 52009.
GRANTOR:
MOTIVA ENTERPRISES, LLC
By:
Printed Name:
Title:
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF HARRIS X
BEFORE ME, the undersigned authority, on this day personally appeared
of MOTIVA ENTERPRISES,LLC., known to me to
be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged
to me that he executed the same as the act of such corporation for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2010.
Notary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy -Engineering
P. O. Box 3827
Beaumont, TX 77704
EXHIBIT "A"
Legal Description: 120.0 Square Feet Water Meter Easement
Out of and Part of Lot 1
Beaumont Motiva Subdivision
Volume 16, Page 298, Map Records
Pelham Humphreys Survey, Abstract No. 32
Jefferson County, Texas
BEING a 120.0 square foot water meter easement situated in the Pelham Humphreys Survey, Abstract No.
32, Jefferson County, Texas, and being out of and part of Lot 1 of the Beaumont Motiva Subdivision, a
subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in
Volume 16, Page 298, Map Records, Jefferson County, Texas, said 120.0 square foot tract being more
particularly described as follows:
NOTE. All bearings are based on the West right-of-way line of Spur 93 as SOUTH
27°45'35"EAST as recorded on the final plat of Beaumont Motiva Subdivision as recorded
in Volume 16, Page 298, Map Records, Jefferson County, Texas. All set 5/8" iron rods set
with a cap stamped "M.W. Whiteley&Associates".
COMMENCING at an iron rod with a cap found for the most Northerly corner of the said Lot 1, said
corner also being in the West right-of-way line of Spur 93 (also known as West Port Arthur Road)(right-of-
way width varies);
THENCE SOUTH 27 046'06" EAST, along and with the West right-of-way line of Spur 93 and the East
line of the said Lot 1, for a distance of 218.44 feet to a 518" iron rod set for the most Northerly corner and
POINT OF BEGINNING of the tract herein described;
THENCE SOUTH 27 046'06" EAST, continuing along and with the West right-of-way line of Spur 93 and
the East line of the said Lot 1, for a distance of 10.00 feet to a 5/8" iron rod set for corner,from said corner
•found iron rod with a Texas Department of Transportation aluminum cap bears SOUTH 27°46'06" EAST
•distance of 261.68 feet;
THENCE SOUTH 62 013'54" WEST, perpendicular to the West right-of-way line of Spur 93 and the East
line of the said Lot 1, for a distance of 12.00 feet to a point for corner;
THENCE NORTH 27 04606" WEST, parallel to the West right-of-way line of Spur 93 and the East line of
the said Lot l,for a distance of 10.00 feet to a point for corner;
THENCE NORTH 62°13'54" EAST, perpendicular to the West right-of-way line of Spur 93 and the East
line of the said Lot l,for a distance of 12.00 feet to the POINT OF BEGINNING and containing 120.0
Square Feet, more or less.
Surveyed on September 21, 2010. This legal description is being submitted along with a plat based on this
Asurvey , "). OF e, RPLS No. 5728 THOMAS S.
a�?�„��.
�YA 5728
W:!20IO\10-586\IO-586m&b.doc "Q !.0,e S S Y',,
s U RJR
MARK W. WHITELEY AND ASSOCIATES,INC.
I
NOTE:
1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING
OWNERSHIP OR TITLE.
2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL
JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION Cql�
AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE ,
SPUR 93
WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD 1 X20,
OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL
SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY, EXPRESSED o LOT 1 OF
SUBJECT\ BEAUMONT MOTIVA
OR IMPLIED. PROPERTY SUBDIVISION
3. ALL SET 518" IRON RODS SET WITH A CAP STAMPED "M.W. WHITELEY & ASSOCIATES". o
LINE BEARING DISTANCE j
L1 S27'46'06"E 10.00' Z
L2 S62'13'54"W 12.00' SPUR 93 VICINITY MAP
L3 N27.46'06"W 10.00'
L4 N62'13'54"E 12.00' (ALSO KNOWN AS WEST PORT ARTHUR ROAD) N.T.S.
(RIGHT OF WAY VARIES)
(CALL S27'4627"E 490.24) REFERENCE BEARING PER
FND S27'46.06 E 490.12' VOL. 16, PG. 298, MRJC
SET 5/8" SET 518" FND TxDO (CALL 52745'35"E 1385.48) FND TxOOT
1. ROD LI I. RbD CONC.MONU.
FND S27 45'35 E 1385.44' CONC.MONU.
S27'46'06"E 218.44' —X x x FND S27'46'06"E 261.68' m
�?0 C POB a .� 120.0 SQ. FT. m
FND. I. ROD WATER METER EASEMENT =
WITH CAP AT CORNER CORNER X
CORNER NORTHERLY EYS SURVEY LLI
REMAINDER OF CALLED
195.97 ACRES, TRACT 1 1 PEI.HRp,�f NO, 32
CLARK PORT ARTHUR .LOT As
PIPELINE COMPANY VISION
CF. NO.O95-9505625 OnVA SUB pY
TO THE OWNERS OF THE PREMISES SURVEYED OUMO VOV, 1'6�►YPO' 29$
AS OF THE DATE OF THE SURVEY: MpiC
1, THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY EXHIBIT "B"
MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME REFER TO EXHIBIT "A"
OF THE SURVEY. FOR LEGAL DESCRIPTION
DATE SURVEYED: SEPTEMBER 21, 2010 OF r CLIENT: MOTIVA SURVEY OF A
•••r..ra•, +` DR 8Y: COD SCALE: SHEET No.:
Cj-,,��5 T��;.�•}- 120.0 SQUARE FEET WATER
Gj;e o;cty im NO. FlLE: w zo10 io-WO REV METER EASEMENT
••••++•+•+•••M•+••••••••••• 10-586 ]0-586.DWG o OUT OF AND PART OF LOT 1
THOMAS S.F 1
/ ••••••••••• •••••• MARK W. NiHITELEY BEAUMONT MOTIVA SUBDIVISION
5728 4: AND ASSOCIATES VOLUME 16, PAGE 298
'y''���E S SAO?•� INCORPORATED
�I 'b+''•• •• '`J CONSULTING ENODODM, MAP RECORDS
SUS T-O AND o PELHAM HUMPHREYS SURVEY,
Nnn Fes' ABSTRACT N0. 32
P. O. °Ox 54°° °ffiO GSMM rM.
THOMAS S. ROWE - REGISTERED PROFESSIONAL LAND SURVEYOR No. 5728 Bu 409-M-640 -°°' °1rIU�o °� JEFFERSON COUNTY, TEXAS
t ,
C
RICH WITH OPPORTUNITY
I
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Director of Engineering/City Engineer PIS
MEETING DATE: November 16, 2010
REQUESTED ACTION: Council consider a resolution authorizing the execution of a
License to Encroach Agreement with George and Bobbie
Blake
RECOMMENDATION
Administration recommends authorization to execute License to Encroach Agreement with George
and Bobbie Blake for a structure encroaching onto a city waterline easement.
BACKGROUND
An existing structure (665 First Street) is encroaching 6.5.feet onto the City's twenty foot (20')
alley in Block 21,McFaddin Second Addition. George and Bobbie Blake are the owners of record
of the structure.
The License Agreement protects the City from liability and provides a thirty(30)day cancellation
clause.
There is a one time fee of$500 for George and Bobbie Blake for the License to Encroach.
This License to Encroach Agreement is recommended for approval by the City Manager,Director
of Engineering/City Engineer, and Water Utilities Director.
BUDGETARY IMPACT
None.
RESOLUTION NO.
WHEREAS, George and Bobbie Blake have requested that the City of Beaumont
grant a License to Encroach into one (1) utility easement at 665 First Street, which is
described as being out of Lot 9, Block 21, McFaddin Second Addition, to the City of
Beaumont. The encroachment being an existing residential dwelling overlapping a 20'
alley by 6.5', as described in Exhibit "A" and shown in Exhibit "B," attached hereto and
made a part hereof for all purposes;
WHEREAS, City staff has expended considerable time and effort in investigating
the effect of such encroachment upon the City easement and utilities therein; and,
WHEREAS, it appears that it would be equitable to allow such encroachment at this
time;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are
hereby, in all things, approved and adopted; and
THAT the City Manager be and he is hereby authorized to execute a License to
Encroach to George and Bobbie Blake to encroach into one (1) utility easement at 665
First Street,which is described as being out of Lot 9, Block 21, McFaddin Second Addition,
to the City of Beaumont. The encroachment being an existing residential dwelling
overlapping a 20" alley by 6.5', as described in Exhibit "A" and shown in Exhibit "B,"
attached hereto and made a part hereof for all purposes for a one-time fee of Five Hundred
Dollars ($500.00) for the License to Encroach.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
November, 2010.
- Mayor Becky Ames -
LICENSE TO ENCROACH
STATE OF TEXAS X
ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
On the date last indicated below,the City of Beaumont,a municipal corporation, of
Beaumont, Jefferson County, Texas, herein called "Licensor" and GEORGE AND BOBBIE
BLAKE, owner, hereinafter called "Licensee", contracted and agreed as set forth herein.
Licensee desires a license from Licensor to use that real property(the subject of this
license agreement) described as follows:
Said encroachment being an existing residential dwelling overlapping 20' alley by
6.5', on Lot 9, Block 21, McFaddin Second Addition (665 First Street). Said
encroachment is shown on Exhibit "A", attached.
Subject property may continue to be occupied and used by Licensee solely in
connection with the existing structures and for incidental purposes related thereto during the term
of this license or until termination thereof. Said license shall terminate upon removal or demolition
of said encroachment.
Substantial improvements shall not be made upon any encroachment without first
obtaining the written consent of Licensor and giving notice to Licensor in writing of how,when and
to what extent such improvements are to be made. A copy of this license shall be attached to such
notice.
Substantial improvement means any repair, construction, or improvement of a
structure,the cost of which equals or exceeds twenty-five percent(25%) of the market value of the
structure either: (1) before the improvement or repair is started; or(2) if the structure has been
damaged and is being restored, before the damage occurred. For the purposes of this definition,
"substantial improvement" is considered to occur when the first alteration of any portion of the
structure commences,whether or not that alteration affects the external dimensions of the structure.
The term does not, however, include any projects or improvements of a structure to comply with
existing state or local health, sanitary, or safety code specifications which are solely necessary to
protect the health, safety and welfare of the public, inhabitants, or users of such structure.
In the event the City of Beaumont, by resolution of the City Council, determines it
needs the subject property, or any part thereof, for the benefit of the City or to protect the health,
Page 1 of 3
EXHIBIT "A"
safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not
receive any compensation and the City of Beaumont shall not be liable therefore, whether for the
value of property taken, damage to the abutting or remaining property or improvement, loss of
business or profit, loss of access, or otherwise.
Licensee shall at all times indemnify and hold harmless Licensor and any franchised
entity of licensor against, and pay in full, for all claims, losses,damages, law suits, attorney's fees,
costs, judgements or expenses, that Licensor and any franchised entity of Licensor may sustain,
incur, be required to pay or become liable for, resulting in any manner from the construction,
maintenance, use, state of repair, or presence of such encroaching structure.
Licensor, and any franchised entity of Licensor, reserves the right to make
improvements, perform maintenance and construction to the right-of-way or premises covered by
this license where such is deemed necessary for the health, welfare and safety of the community.
In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any
damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim
against such parties for any such damage sustained by Licensee to said encroaching structure or any
abutting or attached structures, improvements or land caused by the removal or alteration of any
encroachment. In addition,Licensee shall reimburse Licensor and any franchised entity of Licensor
any additional costs resulting from the encroachment.
Licensee shall not permit trees, shrubs, plants, or any object to be placed on the
subject property in such a manner as to obstruct the view of traffic.
As part of the consideration for this agreement, Licensee shall pay to Licensor the
sum of Five Hundred Dollars ($500.00). Said sum being non-refundable.
This license shall be recorded in the Real Property Records in the Office of the
County Clerk of Jefferson County, Texas by Licensor.
This agreement is terminable by either party by giving written notice to the other
specifying the date of termination. Said notice shall be given not less that thirty(30) days prior to
the termination date, therein specified, and shall be recorded in the Real Property Records in the
Office of the County Clerk of Jefferson County, Texas by Licensor.
This license is neither assignable nor transferable except in conjunction with,and as
part of, Licensee's conveyance of all the abutting property this license serves, through probate or
warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being
delivered a copy of the document or documents conveying or leasing the same.
Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the
Office of the City Engineer,City of Beaumont,P.O.Box 3 827,Beaumont,Texas 77704. Any notice
to Licensee or their successors shall be sufficient if mailed or hand delivered to Property Owner at
2098 McFaddin Street, Beaumont, Texas 77701.
Page 2 of 3
IN WITNESS,WHEREOF,the parties hereto have executed this agreement as of the
day of 52010.
LICENSOR LICENSEE
CITY OF BEAUMONT
By: By:
KYLE HAYES GEORGE BLAKE
CITY MANAGER
BOBBIE BLAKE
ACKNOWLEDGMENTS
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of ,2010,
by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said
corporation.
Notary Public, State of Texas
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of ,2010,
by
Notary Public, State of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy-Engineering
P.0.Box 3827
Beaumont,Texas 77704
Page 3 of 3
I
RICH WITH OPPORTUNITY
0 11 Application for License to Encroach
► City of Beaumont, Texas
T E - X - A - S
1. NAME OF APPLICANT: Faust Engineering and Surveying, Inc.
ADDRESS: 2525 Calder, Beaumont TX, 77702 PHONE: (409) 813-3410
2. AUTHORITY OF APPLICANT: Agent
3. NAME OF OWNER: George & Bobbie Blake
ADDRESS: 2098 McFaddin St, Beaumont TX, 77701 PHONE: (409) 835-3537
LEGAL DESCRIPTION OF OWNER'S PROPERTY (Lots, Blocks, Subdivision)
TO BE SERVED BY EASEMENT OR RIGHT-OF-WAY: Lot 9, Block 21,
McFADDIN SECOND ADDITION (VOL. 1, PG. 63, J.C.M.R.)
665 First Street
4. DESCRIPTION OF EASEMENT OR RIGHT-OF-WAY INVOLVED: 20' alley
between rear of lots
5. PRESENT USE OF EASEMENT OR RIGHT-OF-WAY (List Utilities if Present):
Sewer Line
6. USE OF EASEMENT OR RIGHT-OF-WAY DESIRED BY OWNER: Existing
Residential Dwelling (665 First Street) overlaps 20' ally by 6.5' feet.
7. ATTACH A MAP OR PLAT DELINEATING THE EASEMENT OR PUBLIC
RIGHT-OF-WAY (Dimensioned and to Engineering Scale). PLEASE INCLUDE
ALL PERTINENT INFORMATION ON THE MAP:
i. Distances from edge of pavement or back of curb
ii. Street names and nearest cross streets
iii. Side of the street [east,west, north,south]
8. COST TO BE PAID FOR LICENSE TO ENCROACH AT TIME APPLICATION
IS SUBMITTED— $500 SAID COST BEING NON-REFUNDABLE.
TO THE BEST OF MY KNOWLEDGE, THE ABOVE INFORMATION IS TRUE AND
CORRECT.
SI A
CLIENT.' GEORGE & BOBBIE BLAKE
N
NORTH STREET
S 89 54'06" E 73.91'
(CALLED EAST 74.50')
SCALE 1"= 30'
Ln
o g
LOT 9
o �
°WO N
LOT 7 LOT 8
rri
J v!
G
1 16.23'
665
O r1RF.,QFA,..XISTING
ONE STORY
D FRAMED
�ALLE D 92ST) 0 19.42'IV
20 ' ALLEY 36.76'
LOT 6 LOT 5
i-M
LOT 4 LOT 3 W oc V1C/NITY MAP (::$PENGINEERING
TS. AND SURVEYING,INC.
N.�•S• 2S 5 C 813-9X OEET.• KX MOWT,OT 3XAS 8 7702
Project No. 100463
EXHIBIT "B"
D
RICH WITH OPPORTUNITY
r
T • E . X • A - s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Director of Engineering/City Engineer Qo
MEETING DATE: November 16, 2010
REQUESTED ACTION: Council approval of an Addendum to an existing agreement
with Network USA, LLC for the additional placement of
fiber optic cable in the public right-of-way.
RECOMMENDATION
The Administration recommends approval of an Addendum between Network USA, LLC and the
City of Beaumont for the placement of fiber optic cable in the public right-of-way.
BACKGROUND
The majority of Network USA's cable routing within the city is located on the public right-of-way
in the downtown area along Pine, Broadway, Crockett,North Main, and Orleans Streets for a
distance of 6,222 linear feet. The proposed Addendum will add 375 linear feet of fiber optic cable
on Crockett Street and Laurel Avenue.
Previous actions include:
Resolution 05-217 was passed by City Council on October 25, 2005.
This Addendum is recommended for approval by the City Manager, Director of Engineering/City
Engineer, and Transportation Manager.
BUDGETARYIMPACT
Network USA, LLC will pay the City of Beaumont an application fee of$500 and an inspection
fee of$500. The annual fee will increase from$1.35 to $1.75 per linear foot on January 1,2012,as
allowed for in the current contract. The total annual fee will increase from $8,399.70 to
$11,544.75.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves an addendum to the Network USA, LLC
agreement, substantially in the form attached hereto as Exhibit"A"and made a part hereof
for all purposes, for the placement of fiber optic cable in the public right-of-way.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
November, 2010.
- Mayor Becky Ames -
FIRST AMENDMENT
PUBLIC RIGHT-OF-WAY USE AGREEMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
WHEREAS, Network USA, LLC, and the City of Beaumont ("City"), collectively
referred to as the"Parties,"executed a Public Right-of-Way Use Agreement on September
20, 2005; and
WHEREAS, the Parties desire to amend such Agreement, but only as noted below;
NOW, THEREFORE:
The Parties, for and in consideration of the receipt of good and valuable
consideration, as set out more fully herein, agree to amend that certain Agreement
executed by the Parties on September 20, 2005, entitled "Public Right-Of-Way"as follows:
(a) Network USA, LLC, may lay, maintain, operate, replace or remove a fiber
optic communication system (the "System") for the transportation of communications in,
on, under, or across the streets, alleyways and easements as set forth in Exhibit "A" and
situated in the City of Beaumont, Jefferson County, Texas.
(b) The map attached hereto as Exhibit "A" includes an additional 375 feet of
fiber optic cable more than the 6,222 feet set out in the Parties' original Agreement. After
the foregoing additional cable is laid, Network USA, LLC, will have a total of 6,597 feet of
fiber optic cable within the City of Beaumont.
(c) Pursuant to Paragraph (r) of the original September 20, 2005, Agreement
between the Parties, by January 1, 2011, they were to negotiate a new annual fee per
Page 1 of 4 G:\RMW\LAWSUITS.QDP\MISC\CONTRACTS\NETWORKUSA.WPD
EXHIBIT "A"
linear foot of fiber optic cable in the City right-of-way. The original rate, which is in effect
until December 31, 2011, is $1.35 per linear foot and the new rate shall be $1.75 per linear
foot, effective January 1, 2012. The new rate shall be effective until December 31, 2021.
Prior to January 1, 2020, the Parties shall confer and negotiate in good faith on a new rate
to be effective January 1, 2022. Network USA, LLC, is not required to pay the annual fee
on the 375 feet of fiber optic cable noted in the current Agreement until January 1, 2011,
at which time Network USA, LLC, shall pay its annual fee on all fiber optic cable within the
City of Beaumont. All future annual payments shall be due and payable to the City of
Beaumont on January 1 of each succeeding year.
(d) Upon execution of this Agreement, Network USA, LLC, shall make payment
to the City of Beaumont as follows:
• initial agreement fee of$500.00; and
• inspection, engineering and other costs during the period of initial
construction called for by this Agreement in the amount of$500.00.
(e) All provisions of the original Right-of-Way Agreement executed bythe parties
on September 20, 2005, shall remain and same are in full force and effect.
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 the day of , 2010. Further,
Network USA, LLC, has caused this Agreement to be executed by its President, James R.
Davis.
Page 2 of 4 G:\RMW\LAWSUITS.QDP\MISC\CONTRACTS\NETWORK USA.WPD
THE CITY OF BEAUMONT
ATTEST: By:
Kyle Hayes, City Manager
City Clerk
NETWORK USA, LLC
ATTEST: By:
James R. Davis, President
Page 3 of 4 G:\RMW\L4WSUITS.QDP\MISC\CONTRACTS\NETWORK USA.WPD
EXHIBIT "A"
NETWORK USA, LLC
G:\RMW\LAwsulrs.QDP\MISC\CONTRACTS\NETWORK USA.WPD
DeLorme Street Atlas USA®2011
n
I MILLER 5T M[LLER.ST-J MILLER ST
_.__
3
_-.ASHLEY 5T S ASHLEY AVE r
z
LONG.ST, LONG 57�_
N'
HARRISON ST� y,HIARWSON 5. -�.
y l
W
O ! \
h o
HAZEL S7 �1HAZEL.5t J _HAZEL ST I $AZEL,S4
Existing Network USA route_ V�
,I
}'A
i
_l
Z_ rtoaTHST -NORTH.ST
D
j �
!' MCfADDIN 5T
� a
i --j -
Z;
!. ! CALDER AVE
Beaumont _
k , 4
L
_BROAD.WAY.ST �P
, {r proposed route
{ i �/
J I.iBERTY-ST_,' x'
\ f{
LAUREL 5T'`h �.M ♦� -_
/ W
" s
�.4�.
AA
x
v
Data use subject to license. TN Scale 1 :5,600
C DeLorme.DeLorme Street Atlas USA®2011.
I{ 0 b 80 20 !0 MD
www.delorme.com 1"=466.7 ft Data Zoom 15-2
I
E
RICH WITH OPPORTUNITY
BEAUMON*
T • E - X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Christopher S. Boon'�,�Community Development Director
MEETING DATE: November 16, 2010
REQUESTED ACTION: Council consider authorizing the City Manager to apply for
and receive$10,000 from the Texas Historical Commission
to conduct a survey of endangered historic properties.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
Recently, the City concluded the initial phase of the Texas Historical Commission's Visionaries in
Preservation Program. The goals that came out of this process are defined in the City's Historical
Preservation Action Plan. One of these goals is to identify endangered historic properties in an
effort to preserve them.
The grant submitted to the Texas Historical Commission would enable a partnership between the
City, the Beaumont Heritage Society and Lamar University to identify, map and catalogue these
structures. A local match of$10,000 would be required. This match would be fulfilled through
the in-kind contribution of time contributed by staff and Lamar University students.
BUDGETARY IMPACT
None. Funds would be available through this grant, with an in-kind local match.
TEXAS HISTORICAL COMMISSION
CERTIFIED LOCAL GOVERNMENT SUBGRANT
FISCAL YEAR 2011 GRANT PRE-APPLICATION FORM
Deadline for submission is November 5, 2010
Please fill out this section completely and use only the space provided below.
NAME OF PROPOSED PROJECT: Beaumont Texas Citywide Historical Survey
CERTIFIED LOCAL GOVERNMENT NAME: Beaumont,Tezas
Responsible for Responsible for
CONTACT INFORMATION: PROJECT MANAGEMENT FISCAL MANAGEMENT
Orcianization Name City of Beaumont/Beaumont Heritage Society City of Beaumont/Beaumont Heritage Society
Contact Person Steve Richardsonoadene Chodzinsld Steve Ricbardwn/Darlene Chodzimi i
Address 2240 Calder 2240 Calder
�City I State I Zip ant ITX, 7701 Beaumorit trx 177701
ele hone I Fax 409-832-4010 9-832-4012 9-832-4010 09-8324012
Email hambershse@sbcglobal.net hambershse @sbcglobal.net
Chair of Local Commission Chief Elected Official
POLITICAL CONTACTS: (City Board if City or CHC if County (Mayor if City or Courity Judge if Count
Contact Person Steve Richardson Mayor Becky Ames
Address P.O.Box 3827 P.O.Box 3827
City State I Za Beaumont JTX 177704 Beaumont 177704
Telephone I Fax 9-880-3764 9-880-3770 09-880-3112
Email srichardwn@ci.beaumont.tx.us es@ci.beaumonttx.us
FUNDING REQUEST:
Grant Funds $10000 Matching $10000 Total Project $20000
Requested: Funds: I Cost:
PROPOSED PROJECT TYPE (check one that applies):
❑ Archeological Project ❑ Construction/Development Project
❑ Preservation Planning Project ❑ Education&Outreach
❑ National Register Nomination(s) ❑ Research&Development
❑ Design Guidelines ❑ Preservation Travel/Training-
New ❑ Update Existing "*Priority given to CLGs hosting regional
preservation-related workshop
® Survey/Inventory Project Approx. Acreage:
® New ❑ Update Existing
❑ Historic Preservation Plan or Element/Chapter of Comprehensive Plan
❑ New ❑ Update Existing
❑ Preservation Ordinance or By-laws
❑ New ❑ Update Existing
9
City of Beaumont, Texas
Project Proposal
Project Title:
Beaumont Historic Citywide Survey—Preliminary Phase 1
Project Need:
The City of Beaumont currently has a city-wide survey,the S.P.A.R.E. (Survey and Preservation
Analysis of Resources and Environment) Beaumont Survey that was conducted in the late
1980's,with an update in the early 1990's.The survey did not cover the entire City and even
within the areas covered,there were many exclusions of historic assets. However, it is widely
referenced and used as a resource for decisions and recommendations of the Historic Landmark
Commission. Recently,the City of Beaumont completed a Historical Preservation Action Plan
through the Visionaries In Preservation Program of the THC. The Historic Survey task force of
the VIP Plan demonstrates an urgent need for a complete and updated Historical Survey.
Project Scope:
Prepare an inventory of historic resources in the community as the preliminary phase of a
comprehensive survey. The objective of this preliminary phase will be to gather historical data
and research and first identify the "10 Most Endangered Historic Buildings in Beaumont to
complete one of the goals identified in the VIP Program. Expansion of this initial identification
process will serve as the basis of the survey.
Richard Gachot, M.Arch.,Assistant Professor& Program Director at Lamar University(CV
attached)will lead this project. With the resources of students and other interest parties at
Lamar University,the Beaumont Heritage Society, and the City of Beaumont, Professor Gachot
will first use maps to identify areas within the City. He will then utilize Lamar students to
research, reproduce information, and photograph current structures.
With the information gathered during this preliminary phase,we will be able to develop
strategies to assess threatened resources, incorporate programs such as"Save and Secure",
and provide information to be incorporated into our Heritage Tourism projects and goals.
Attachment B City of Beaumont, Texas
Total Project Budget
Principal Project Leader $ 3,000.00
Student Researchers&Photographers $ 6,000.00
Office Space $ 500.00
Secretarial Services $ 500.00
Computer Hardware $ 4,950.00
Reproduction costs&protective sleeves $ 3,500.00
Computer software $ 800.00
Camera $ 600.00
Misc. $ 150.00
Total $ 20,000.00
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 funding
in the amount of $10,000 through the Texas Historical Commission's Visionaries in
Preservation Program to conduct a survey of endangered historic properties; and.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
November, 2010.
- Mayor Becky Ames -
RICH WITS OPPORTUNITY
BEA,UMON*
T - E - % - A - S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS NOVEMBER 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 1-2/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider authorizing the City Manager to increase the Event Center Paving and
Drainage Improvement Project for"extra work"
2. Consider approving the purchase of Tasers for use in the Police Department
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment(Persons are limited to 3 minutes)
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting.
i
1
November 16,2010
Consider authorizing the City Manager to increase the Event Center Paving and Drainage
Improvement Project for"extra work"
RICH WITH OPPORTUNITY
1
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes,City Manager
PREPARED BY: Patrick Donart,Director of Engineering/City Engineer
MEETING DATE: November 16,2010
REQUESTED ACTION: Council approval of a resolution authorizing the City
Manager to increase the Event Center Paving and Drainage
Improvement Project for"extra work".
RECOMMENDATION
The Administration recommends approval of increasing the project amount by$156,279.43. The
proposed changes to the contract will furnish and install four fire hydrants,3,000 linear feet of
twelve(12")inch class 150-C900 PVC,five twelve(12')inch tapping sleeve and valves,
barricades,signs,and traffic handling for 24 months and increase the contract time by 28 calendar
days. The additional days increases the total contract time to 363 calendar days. The proposed
extra work will represent an increase of 4.06%to the original contract amount.
BACKGROUND
The project includes the reconstruction of Crockett Street from Neches Street to ML King
Parkway. Included in this project is the installation of sidewalks and street lighting that will
complement the new event center,which will replace the former Harvest Club.
The proposed work is required to install new water mains and its appurtenances on Crockett Street
from Neches Street to ML King Parkway,ML King Parkway from Crockett to Bonham Street and
Bonham Street from ML King Parkway to Holmes Street. After construction began on the street
improvements,it became apparent the water infrastructure was deteriorated beyond reasonable
repair and needed to be upgraded.
Previous actions include:
Resolution 10-174 in the amount of$3,844,851.18 was passed by City Council on June 29,2010.
This Change Order is recommended for approval by the City Manager, Director of
Engineering/City Engineer, and Water Utilities Director.
BUDGETARY UHPACT
Funds are available in the Capital Program(Water and Sewer Projects).
CITY OF BEAUMONT
DATE: 29 October 2010
PROJECT: EVENT CENTER AREA PAVING AND DRAINAGE IMPROVEMENTS
OWNER: CITY OF BEAUMONT
CONTRACTOR: CF JORDAN CONSTRUCTION CONSTRUCTION L.L.C.
CHANGE ORDER NO.: 01
Add Construction Items and/or quantities to the Contract:
Item Item Original New Unit
No. Code Description Unit Amount
Quantity Quantity Price
WATER UTLITIES
808 9 FURNISH&INSTALL FIRE HYDRANT ASSEMBLY EA 0 4.001 $5,015.00 $20,060.00
810 11 FURNISH&INSTALL 12"CLASS 150-C900 PVC LF 0 3000.00 $39.60 $118,800.00
811 16 VARNISH AND INSTALL 12"TAPPING SLEEVE& EA 0 5.00 S3,295.09 $16,475.44
502 101 BARRICADES,SIGNS&TRAFFIC HANDLING MO 24 25.00 $943.99 $943.99
ADD TOTAL AMOUNT 1 $156,279.43
ORIGINAL CONTRACT AMOUNT: $3,844,851.18
NET FROM PREVIOUS CHANGE ORDERS: $0.00
TOTAL AMOUNT OF THIS CHANGE ORDER: $156,279.43
PERCENT OF THIS CHANGE ORDER: 4.06%
TOTAL PERCENT CHANGE ORDER TO DATE: 4.06%
NEW CONTRACT AMOUNT: $4,001,130.61
ACCEPTED BY:
)CONTRACTOR
APPROVED BY:
PATRICK DONART,CITY HANI TOHME,WATER UTILITIES
ENGINEER DIRECTOR
ATTESTED BY:
TINA BROUSSARD,CITY CLERK KYLE HAVES,CITY MANAGER
RESOLUTION NO.
WHEREAS, on June 29, 2010, the City Council of the City of Beaumont, Texas,
passed Resolution No. 10-174 awarding a contract in the amount of$3,844,851.18 to C.
F. Jordan Construction, L.L.C., for the Event Center Area Paving and Drainage
Improvements Project; and,
WHEREAS, Change Order No. 1 in the amount of$156,279.43 is required to install
new water mains and appurtenances, thereby increasing the contract amount to
$4,001,130.61; and,
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute Change Order
No. 1 in the amount of 156,279.43, thereby increasing the contract amount to
$4,001,130.61.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
November, 2010.
- Mayor Becky Ames -
2
November 16,2010
Consider approving the purchase of Tasers for use in the Police Department
RICH WITH OPPORTUNITY
r
T • E X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Frank Coffin, Chief of Police
MEETING DATE: November 16, 2010
REQUESTED ACTION: Council consider approving the purchase of Tasers.
RECOMMENDATION
The administration recommends approval of the purchase of 82 Taser X26 Electronic Control
Devices in the amount of$64,095.85 from GT Distributing of Austin.
BACKGROUND
Purchase of these Tasers will enable the Police Department to equip all uniformed officers who
currently do not have a Taser issued to them to be so equipped. Therefore, all uniformed officers
would be required to carry the Taser as a use of force option. The Taser is a proven, effective less-
lethal force option for police departments across the country,and contributes to lowered injury rates
for both suspects and officers. Included in this pricing is a trade-in of 32 older, large frame M26
Tasers originally purchased 10 years ago. This model will no longer be supported by Taser
International beginning January 1, 2011.
BUDGETARYIMPACT
Funds are available for this purchase in the Police Department confiscated goods account.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of eighty-two (82) Taser X26
Electronic Control Devices from GT Distributors, Inc., of Austin, Texas, in the amount of
$64,095.85 for use by Police Department uniformed officers.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of
November, 2010.
- Mayor Becky Ames -