HomeMy WebLinkAboutPACKET MAR 22 2011 RICK WITH OPPOIITUNITI
BEAUMON*
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 22, 2011 1:30 P.M.
CONSENT AGENDA
* Approval of minutes—March 8,2011
* Confirmation of committee appointments
A) Authorize the acquisition of property(5690 Concord Rd.) for the Concord Road
Pavement Widening Project
B) Authorize the acquisition of property(5710 Concord Rd.) for the Concord Road
Pavement Widening Project
C) Authorize the City Manager to renew the loan agreement with the National Museum of
the United States Air Force
D) Authorize the City Manager to sign a memorandum of agreement with the South East
Texas Regional Planning Commission related to a software program that allows for the
coordination of regional emergency operation plans
RICH WITH OPPORTUNITY A
I [I r
City Council Agenda Item
T • E • X A S
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: March 22, 2011
REQUESTED ACTION: Council consider a resolution authorizing the acquisition of
property.
RECOMMENDATION
The Administration recommends authorizing City Council approve a resolution for the
acquisition of properties for the Concord Road Pavement Widening Project.
BACKGROUND
As part of the Concord Road Pavement Widening Project, approximately sixty-two (62)parcels
of land from East Lucas to Highway 105 are being acquired. The owner of the property listed
below, has agreed to convey its property to the City:
Parcel#41 0.0337 acre out F. Bigner Survey, Abstract No. 1
(5690 Concord) Value: $157,000.00
Owner: True Southern Real Estate, LLC
The acquisition of the right of way is recommended for approval by the City Manager and Public
Works Director.
BUDGETARYIMPACT
Funds are available in the Capital Program.
RESOLUTION NO.
WHEREAS, an agreement has been negotiated for the acquisition of property
described below and in Exhibit"A"and shown on Exhibits"B"and "C,"attached hereto,for
the Concord Road Pavement Widening Project:
Parcel #41: 0.0337 acre out of F. Bigner Survey, Abstract No. 1
(5690 Concord Road)
Value: $157,000.00
Owner: True Southern Real Estate, LLC
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 purchase of the above described property be, and the same is, hereby
approved.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
March, 2011.
- Mayor Becky Ames -
i
April 2009
Parcel 41
Page 1 of 4
EXHIBIT_
County: Jefferson
Highway: Concord Road
Project Limits: East Lucas to US 96, 69, 287
PROPERTY DESCRIPTION FOR PARCEL 41
Being a 0.0337 acre (1,467 square feet) of land, situated in the F. Bigner Survey,
Abstract No. 1, out of and part of that certain called 0.646 acre tract of land having been
conveyed to Javed Group Real Estate, L.L.C. from Mohammad S. Javed, also known as
Mohammad S. Ali by deed dated September 29, 1999 and being recorded under Clerk's
File No. 1999037675 of the Real Property records of Jefferson County, Texas, said
0.0337 (1,467 square feet) acre of land being more particularly described as follows;
COMMENCING at a 1/2" iron rod found for the Northwest corner of the said 0.646
acre Javed Group Real Estate tract and being in the East right-of-way of Gober
Road (based on a width of 50 foot);
THENCE, SOUTH 03°50'27" EAST, along the East right-of-way of Gober Road for a
distance of 170.10 feet a 5/8" iron rod with cap stamped "City of Beaumont ROW
Monument" set for corner in the proposed Northeast right-of-way of Concord Road
and the POINT OF BEGINNING of the parcel herein described;
1) THENCE, SOUTH 62 003'58" EAST, along the proposed Northeast right-of-way line
of Concord Road for a distance of 154.26 feet to a 5/8" iron rod with cap stamped
"City of Beaumont ROW Monument" set for corner in the proposed Northeast right-
of-way bf Concord Road, said point being in the East line of the said 0.646 acre
Javed Group Real Estate tract and in the West line of the remainder of that certain
called 2.331 acre tract of land having been conveyed to W. H. Watkins, Jr. and Billy
Ray Casey from Bill L Holland, Jr. James R. Smith and Ronald Beddingfield, Trustee
by deed dated February 14, 1977 and being recorded under Volume 1982 Page 183
Deed Records of Jefferson County, Texas;
2) THENCE, SOUTH 03 050'27" EAST, along the East line of the said 0.646 acre Javed
Group Real Estate tract and the West line of the remainder of the said 2.331 acre
Watkins et al tract for a distance of 11.20 feet to a point for corner in the existing
Northeast right-of-way line of Concord Road, said comer being the most
Southeasterly corner of the said 0.646 acre Javed Group Real Estate tract and the
Southwesterly corner of the remainder of the said 2.331 acre Watkins et al tract, and
from said point a 2" iron pipe found bears NORTH 03 050'27" WEST a distance of
3.76 feet;
EXHIBIT "A"
April 2009
Parcel 41
Page 2 of 4
EXHIBIT
3) THENCE, NORTH 62°03'31" WEST, along the existing Northeast right-of-way line of
Concord Road for a distance of 154.27 feet to a point for corner in the existing
Northeast right-of-way of Concord Road, said point being the Southwesterly corner
of the said 0.646 Javed Group Real Estate tract, and also said point being in the
East right-of-way line of Gober Road;
4) THENCE, NORTH 03°50'27" WEST, along the East right-of-way line of Gober Road
for a distance of 11.18 feet to the POINT OF BEGINNING and containing 0.0337
acre (1,467 square feet) of land.
A parcel plat of even date accompanies this property description.
I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of
Texas, do hereby certify that the above field notes correctly reflect an actual survey
made under my supervision and the limits, boundaries and corners are truly shown just
as found at the time of the survey.
Surveyed January 2009
GIVEN UNDER MY HAND AND SEAL THIS THE $ DAY OF April 2009.
Ala
Mark W. Whiteley, RPLS #3636
LEGEND
■ SET 5/8' I. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT'
TXDOT CONTROL MONUMENT
xx PARCEL NUMBER
O FND PROPERTY CORNER AS NOTED
POWER POLE
PROPOSED ROW LINE
F. BiGNER SURVEY
EXISTING ROW LINE ABSTRACT N0. 1
PROPERTY LINE
SURVEY LINE CALLED 2.331 ACRES
COUNTY LINE W. H. WATKINS JR. et al
P.0.C PARCEL 41 FEBRUARY 14, 1977
FND. 1/2" I. ROD VOL. 1982, PG. 183
DRJC
CALLED 0.646 ACRES
JAVED GROUP REAL ESTATE, LLC
SEPTEMBER 29, 1999
CF NO. 1999037675
OPRJC
C'o
P.O.B.
pp PARCEL 41 41
va
CONCORD ROAD
PARENT TRACT
N.T.S.
BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES
IN THE DESCRIPTION OF THE PARENT TRACT.
SURVEYED FEBRUARY 2009
A PROPERTY DESCRIPTION OF EVEN DATE
ACCOMPANIES THIS PARCEL PLAT.
EXISTING TAKING REMAINING
�P
` ACRES ACRES/(S.F.) ACRES
0. 646 PARCEL 41, 0. 6123
0.0337/(1467)
MARK W. WHIT ELEY ,.-� s�g
AND ASSOCIATES
INCORPORATED PARCEL PLAT
CONSULTING ENGINEERS, SHOWING
SURVEYORS, AND PLANNERS PARCEL 41
m
CONCORD ROAD JEFFERSON COUNTY
P. 0. BOX 5492 3250 EASTEX FRWY.
BEAUMO 4 TEXAS 77726-5492 B(AX)N409-8925134603 SCALE 1 " = 50' APRIL 2009
409-692-0421
SHEET 3 OF 4
EXHIBIT "B"
1 LINE BEARING DISTANCE
L 1 S03'50'27"E 11.20'
S L2 NO3'50'27"W 1 1. 18'
d�O`b
s�gN
0 0.
P.O.C. PAR. 41 "s S
�'- CALLED 2.331 ACRES
Aso F . ROD �;00, W. H. WATKINS JR. et al
FEBRUARY 14, 1977
-Po J` <<` VOL. 1982, PG. 183
X -�O ohs CALLED 0.646 ACRES �0. DRJC
p, JAVED GROUP REAL ESTATE, LLC
2 Jo SEPTEMBER 29, 1999 6'-
�= CF NO. 1999037675
sso OPRJC
_ O
o
P.O.B.
� I
PAR. 41 185+61.45
187+15.71 00
�j 4 40,OORT
0,OORT o0
N
PROPOSED RIGHT OF WAY ol CS62'03'58"E 154.26'
---
-EXISTING RIGHT OF WAY N62°03'31 "W 154.27' FND 2 I. PIPE BEARS
(N59'33'00"W 150.00') �_ZN03'50'27°W 3.76'-
187+00 - ---- --
PROPOSED BASELINE N62'6'14.56"W-1326.64'
CONCORD ROAD-- PARCEL PLAT
SHOWING
PARCEL 41
CONCORD ROAD JEFFERSON COUNTY
SCALE 1 " = 50' APRIL 2009
SHEET 4 OF 4
RICH WITH OPPORTUNITY B
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City Council Agenda Item
T • E • X A S
TO: City Council
FROM: Kyle Hayes, City Manager
Po.
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: March 22, 2011
REQUESTED ACTION: Council consider a resolution authorizing the acquisition of
property.
RECOMMENDATION
The Administration recommends authorizing City Council approve a resolution for the
acquisition of properties for the Concord Road Pavement Widening Project.
BACKGROUND
As part of the Concord Road Pavement Widening Project, approximately sixty-two (62)parcels
of land from East Lucas to Highway 105 are being acquired. The owner of the property listed
below, has agreed to convey his property to the City:
Parcel #43 0.0333 acre out F. Bigner Survey Abstract No. 1
(5710 Concord Road) Value: $6,199.00
Owner: GMK Original, LLC
The acquisition of the right of way is recommended for approval by the City Manager and Public
Works Director.
BUDGETARYIMPACT
Funds are available in the Capital Program.
RESOLUTION NO.
WHEREAS, an agreement has been negotiated for the acquisition of property
described below and in Exhibit"A"and shown on Exhibits"B" and "C," attached hereto, for
the Concord Road Pavement Widening Project:
Parcel #43: 0.0333 acre out of F. Bigner Survey, Abstract No. 1
(5710 Concord Road)
Value: $6,199.00
Owner: GMK Original, LLC
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 purchase of the above described property be, and the same is, hereby
approved.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
March, 2011.
- Mayor Becky Ames -
March 2009
Parcel 43
Page 1 of 4
EXHIBIT
County: Jefferson
Highway: Concord Road
Project Limits: East Lucas to US 96, 69, 287
PROPERTY DESCRIPTION FOR PARCEL 43
Being a 0.0333 acre (1,450 square feet) of land, situated in the F. Bigner Survey,
Abstract No. 1, out of and part of that certain tract of land having been conveyed to
Lester A. Saucier, Jr. and wife, Arlene T. Saucier from S & S Enterprises, Inc. by deed
dated August 30, 1982 and being recorded under Volume 2382 Page 353 of the Deed
Records of Jefferson County, Texas, said 0.0333 (1,450 square feet) acre of land being
more particularly described as follows;
COMMENCING at a 1/2" iron pipe found for the Northeast corner of that certain
called 0.938 acre tract of land having been conveyed to The Church of the Living
God from Neil V. Laminack by deed dated June 1, 1987 and being recorded under
Film Code No. 101-86-1770 of the Real Property records of Jefferson County, Texas
and the Northwest corner of the said Saucier tract;
THENCE, SOUTH 01°35'38" EAST, along the Easterly line of the said 0.938 acre
The Church of the Living God tract and the West line of the said Saucier tract for a
distance of 296.02 feet a 5/8" iron rod with cap stamped "City of Beaumont ROW
Monument" set for corner in the proposed Northeast right-of-way of Concord Road
and the POINT OF BEGINNING of the parcel herein described;
1) THENCE, SOUTH 62°03'58" EAST, along the proposed Northeast right-of-way line
of Concord Road for a distance of 152.59 feet to a 5/8" iron rod with cap stamped
"City of Beaumont ROW Monument" set for corner in the proposed Northeast right-
of-way of Concord Road, said point being in the East line of the said Saucier tract
and in the West right-of-way line of Gober Road (based on a width of 50 foot);
2) THENCE, SOUTH 03 050'27" EAST, along the West right-of-way of Gober Road for a
distance of 11.17 feet to a point for corner in the existing Northeast right-of-way line
of Concord Road, said corner being the most Southeasterly corner of the said
Saucier tract;
3) THENCE, NORTH 62°03'31" WEST, along the existing Northeast right-of-way line of
Concord Road for a distance of 153.11 feet to a point for corner in the existing
Northeast right-of-way of Concord Road, said corner being the Southwest corner of
the said Saucier tract and being the most Southerly corner of the said 0.938 acre
The Church of the Living God, and from said point a 1" iron pipe (disturbed) bears
NORTH 01 035'38" WEST a distance of 3.22 feet;
EXHIBIT "A"
March 2009
Parcel 43
Page 2 of 4
EXHIBIT_
4) THENCE, NORTH 01-35'38" WEST, along the East line of the said 0.938 acre The
Church of the Living God tract and the West line of the said Saucier tract for a
distance of 10.89 feet to the POINT OF BEGINNING and containing 0.0333 acre
(1,450 square feet) of land.
A parcel plat of even date accompanies this property description.
I, Mark W. Whiteley, Registered Professional Land Surveyor No. 3636, in the State of
Texas, do hereby certify that the above field notes correctly reflect an actual survey
made under my supervision and the limits, boundaries and corners are truly shown just
as found at the time of the survey.
Surveyed January 2009
GIVEN UNDER MY HAND AND SEAL THIS THE DAY OF March 2009.
✓fit t� • �., ��
t Y
C o'
S
Mark W. Whiteley, RPLS #3636 ~ > o
LEGEND
■ SET 5/8' 1. R. WITH CAP STAMPED 'CITY OF BEAUMONT ROW MONUMENT'
0 TXD❑T CONTROL MONUMENT
zx PARCEL NUMBER
p FND PROPERTY CORNER AS NOTED
POWER POLE
PROPOSED ROW LINE F. SIGNER SURVEY
ABSTRACT NO. 1
EXISTING ROW LINE
PROPERTY LINE P.O.0 PARCEL 43
FNO. 112" I. PIPE
SURVEY LINE
COUNTY LINE
LESTER A. SUACIER, JR. et ux
AUGUST 30, 1982
CALLED 0.938 ACRES o�
VOL. 2382, PG. 353
THE CHURCH OF THE LIVING GOD DRJC
JUNE 1, 1987 �o
FC NO. 101-86-1770 �o
OPRJC
P.O.B.
PARCEL 43 4
CONCORD ROAD
PARENT TRACT
N.T.S.
BEARINGS AND DISTANCES SHOWN ENCLOSED IN PARENTHESES ARE CALLED BEARINGS AND DISTANCES
IN THE DESCRIPTION OF THE PARENT TRACT.
SURVEYED FEBRUARY 2009
A PROPERTY DESCRIPTION OF EVEN DATE
ACCOMPANIES THIS PARCEL PLAT.
,E
r°
EXISTING TAKING REMAINING
ACRES ACRES/(S.F.) ACRES
0. 6532 PARCEL 43, 0. 6199
+ARK . WHITELEY 0. 0333/(1450)D ASSOCIATES INCORPORATED PARCEL PLAT
TING ENGINEERS, SHOWING
ORS, AND PLANNERS PARCEL 4 3
CONCORD ROAD JEFFERSON COUNTY
P. 0. BOX 5492 3250 EASTEX FRWY.
BEAUMONT, TEXAS 77726-5492 BEAUMONT, TEXAS 77703 SCALE 1 = 50' MARCH 2009
409-892-0421 (FAX) 409-892-1346
SHEET 3 OF 4
EXHIBIT "B"
LINE BEARING DISTANCE
L 1 SO3'50'27"E 1 1. 17'
L2 NO1'35'38"W 10.89'
� 1
P.O.C. PAR. 43
m s�s-
X �- 00,
_ �-'• F
ou s
— o �
v' LESTER A. SUACIER, JR. et ux c.
n `po `s AUGUST 30, 1982 �`so-
�s, 14, VOL. 2382, PG. 353
o s- F DRJC
CALLED 0.938 ACRES Gyd,- V3
THE CHURCH OF THE LIVING GOD
JUNE 1, 1987 0� o
FC NO. 101-86-1770 V'p r'-
OPRJC 0,-,o 43 0
44
P.O.B.
PAR. 43 �0
189+27.10 187+74.52 0�
40,OORT 40.00RT O
El
PROPOSED RIGHT OF WAY S62'03'58"E 152.59' o
EXISTING RIGHT OF WAY N62°03'31 "W 153.1 l '-
FND 1" I. PIPE "DISTURBED" (N61'00'00"W 153.20')
BEARS N01'35'38"W 3.22'----189+00 PARCEL PLAT
SHOWING
PROPOSED BASELINE N62'6'14.56"W-1326.64' PARCEL 43
CONCORD ROAD
CONCORD ROAD JEFFERSON COUNTY
SCALE 1 " = 50' MARCH 2009
SHEET 4 OF 4
c
RICH WITH OPPORTUNITY
C ,
T • E • X • A . S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Jim Thompson, Parks and Recreation Director
MEETING DATE: March 22, 2011
REQUESTED ACTION: Council consider authorizing the City Manager to renew the
loan agreement with the National Museum of the United
States Air Force.
RECOMMENDATION
The Administration recommends approval.
BACKGROUND
In 1992, the United States Air Force loaned the City a jet to be used only for display purposes.
The jet is located at Babe D. Zaharias Park. Department of Defense regulations require the Air
Force to check each year on the status of the jet to be sure that it is being used as intended.
The National Museum of the United States Air Force, which is now charged with the
responsibility of verifying the status of the jet, is requesting that the loan agreement be renewed
in accordance with the original terms of the loan and federal regulations.
The jet will be repainted this year. We were delayed last year because the necessary materials
were not available. We now have the paint and decals which conform to the specifications
developed by the National Museum. Bids will be taken for painting, so that we can move
forward.
BUDGETARY IMPACT
Funds are available in the Capital Reserve Fund.
Y
NATIONAL MUSEUM OF THE UNITED STATES AIR FORCE (NMUSAF)
STATIC DISPLAY PROGRAM
2011 LOAN AGREEMENT, SDA0282
1.0. Parties. Pursuant to Public Law 80-421 [10 United States Code §2572], by this agreement, effective as of
1 April 2011 between the United States of America, hereinafter called "the Government," represented by the
National Museum of the United States Air Force (NMUSAF), hereinafter called "the Lender," and, CITY
OF BEAUMONT . hereinafter called "the Borrower," incorporated and operating under the laws of
the State/Country of TX and located at BEAUMONT . The Government
hereby establishes with the Borrower a loan agreement for U.S. Air Force (USAF) historical property for the
period commencing 1 April 2011 and ending 31 March 2012. This agreement is not transferable. ,
2.0. Borrower Obligations/Costs.The Borrower has applied, in writing,for the loan of USAF historical
property,and hereby agrees to accept it on an "as is,where is"basis,to be responsible for all arrangements and,
in accordance with 10 USC §2572, is required to pay all costs,charges and expenses incident to the loan of this
property, including the cost of preparation,demilitarization,hazardous material removal, disassembly,packing,
crating,handling,transportation,and all other actions incidental to the movement of the loaned property to the
Borrower's location.
3.0. Loan Conditions.
3.1. The Borrower agrees that the property shall be used for static display purposes only. Loaned
aerospace vehicles will not be flown or restored to flying condition under any circumstance, nor will they be
licensed with the Federal Aviation Administration(FAA). The borrower shall not remove any parts from loaned
aircraft for operational usage in any airworthy aerospace vehicle. Access to the interior of loaned aircraft
(cockpit, cargo areas, etc.) is prohibited for reasons of aircraft preservation and public safety. Relocation of
loaned property for temporary special events (parades, ceremonies, air shows, etc.) is not authorized under any
circumstances. No temporary decorations of any type, for any purpose (special event, seasonal display,
ceremonies,etc.)are authorized to be displayed on any loaned property.
3.2. The Borrower agrees to allow the Lender to remove parts deemed critical for mission essential or
military requirements from loaned aerospace vehicles but only with the written authorization of the Lender.
Such parts are generally internal in nature and removal or replacement should not alter the external aesthetic
appearance of the aerospace vehicle.
3.3. The Borrower shall not part with possession of the property or any component of the property in any
manner to any third party either directly or indirectly; and the Borrower shall not enter into any negotiations
with a third party regarding any future disposition of the loaned material, in all or part; and the Borrower shall
not do or suffer anything to be done whereby any of the property shall or may be relocated, lost, stolen, injured
or destroyed.
3.4. The Borrower agrees to use the loaned property in a careful and prudent manner; not, without prior
permission of the Lender, to modify it in any way which would alter the original form, design, or the historical
significance of said property, to perform routine maintenance to include (but not limited to) annual upkeep,
periodic painting, repair of damage, day-to-day care, so as not to reflect discredit on the Lender; and to display
and protect it in accordance with the instructions set forth in Attachments 1, 2 and 3 which are incorporated
herewith and made part of this Loan Agreement.
3.5. The Borrower agrees that any additions, modifications or alterations to the property would become
part of said property and upon termination of this Loan Agreement or recall of the property,will be repossessed
as part of said property.
4.0. Use as Security, Sale or Lease. The Borrower agrees not to use the loaned property as security for any
loan, not to sell, lease, rent, lend, or exchange the property for monetary gain or otherwise under any
circumstances without the prior written approval of the Lender.
5.0. Professional Photography. The Borrower shall not make or allow the_use of the loaned property in any
manner for still or motion video production without prior written approval.
6.0. Incident Reporting. The Borrower shall within one (1) working day of discovery, notify the Lender of
any instance of loss,damage or destruction of the property.
7.0. Title. The Borrower shall obtain no interest in the loaned property by reason of this agreement and title
shall remain in the Lender at all times.
8.0. Receipt,Custody&Liability.
8.1. This agreement shall be executed prior to the Borrower accepting physical custody of the property.
8.2. The Borrower agrees to receipt to the Lender prior to assuming physical custody and to accept
liability upon assuming physical custody of the property, to place it on exhibit within ninety (90) days, or as
otherwise mutually agreed upon.
9.0. Borrowers Responsibilities.
9.1. The Borrower agrees to indemnify, save harmless,and defend the Lender from and against all claims,
demands, actions, liabilities,judgments, costs, and attorney's fees, arising out of, claimed on account of, or in
any manner predicated upon personal injury, death, or property damage caused by or resulting from possession
and/or use of the loan property.
9.2. The Borrower will bear full financial liability for the loss or damage of USAF historical property
resulting from negligence,misconduct,or willful violation of the terms of this agreement. The Borrower further
agrees that, at the discretion of the Director, NMUSAF, loaned property that has been irreparably damaged,
destroyed or stolen may be either replaced with an historical aerospace item of equal value or provide to the
Lender monetary reimbursement for the value of the loaned property. Should loaned property have catastrophic
damage beyond the Borrower's control, (i.e.tornado,hurricane, flood,etc.)the Borrower will be responsible for
all cleanup and removal to the location designated by the Lender.
9.3. The Borrower agrees to report as requested to the Lender on the condition and location of the
property. Further,the Borrower agrees to allow authorized Department of Defense representatives access to the
Borrower's records and facilities to assure accuracy of information provided by the Borrower and compliance
with the terms of this Loan Agreement.
9.4. The Borrower agrees to return said property to the Lender on termination of this Loan Agreement or
earlier,if it is determined that the property is no longer required,at no expense to the Lender.
10.0. Initial Loan Agreement Requirements.
10.1. The Borrower agrees to furnish the Lender with a CD/DVD containing digital images of the loaned
property within thirty (30) days of the initial execution of this agreement. The image file name must be the
accession number for that item (i.e. SD-2000-0999.JPG. For aircraft, images will include views showing all
external surfaces including tail number and all accessible interior areas including instrument panels, avionics
V
racks and equipment, aircrew, passenger, cargo and payload compartments, wheel wells, and bomb bays.
Digital images for all other artifacts will be of sufficient detail to insure positive identification of each object.
10.2. The Borrower agrees to furnish the Lender proof of insurance to include full replacement value of
loaned historical property. For Borrowers with private insurance coverage, proof shall constitute a copy of the
insurance certificate from the commercial provider, naming Lender as "loss payee", noting any deductible, and
listing the replacement value of all loaned property(provided by Lender). For self-insured organizations, proof
shall constitute a written and signed statement attesting to ability to reimburse for full replacement value.
11.0. Annual Loan Renewal Requirements.
11.1. The Borrower agrees to furnish the Lender with a CD/DVD containing digital images of the
loaned property. The image name must be the'accession number for that item (i.e. SD-2000-0999.JPG).
Digital images of aircraft and missiles will provide general views to include sufficient detail to show the overall
condition and tail number of the airframe. Images for all other artifacts will be of sufficient detail to insure
positive identification of each object.
11.2. The Borrower agrees to furnish a copy of the most recent annual financial statements to include
revenue and expense reporting and a projected budget for the next operating year. Submission of a hardcopy
IRS Form 990 (or Form 990-EZ or Form 990-PF) is no longer required as they can be accessed electronically
via the Internet.
11.3. The Borrower agrees to furnish the Lender proof of insurance to include full replacement value of
loaned historical property. For Borrowers with private insurance coverage, proof shall constitute a copy of the
insurance certificate from the commercial provider, naming Lender as "loss payee", noting any deductible, and
listing the replacement value of all loaned property (provided by Lender). For self-insured organizations, proof
shall constitute a written and signed statement attesting to ability to reimburse for full replacement value.
11.4. The Borrower agrees to furnish the Lender with a signed inventory.
12.0. Display/Maintenance Requirements.
12.1. No aircraft will be renovated, reconfigured, have markings changed, or tail number altered, or any
parts added, removed, or replaced as part of a planned restoration effort without prior written approval of the
Director,NMUSAF.
12.2. The Borrower agrees that all aircraft, missiles and artifacts on display will have an identification
sign adjacent to each display. For aircraft and missiles note the type,model,and serial number. If the aircraft or
missile has been reconfigured,markings changed,or serial number altered after acquisition for display purposes,
it will be stated on the sign and noted iri all records as follows:
"The item on display is actually (nomenclature) , Serial No. , but painted and
marked to depict (nomenclature) Serial No. , assigned to the (unit and/or person) in
(location or theater) during ear ".
12.3. The sign will state that the item is part of the NMUSAF collection as follows:
"This(artifact/object)is on loan from the National Museum of the United States Air Force."
12.4. For aircraft on which the serial number has been altered for display purposes with prior written
approval, the model, design and series (i.e. F-100C or F-4C) along with the original serial number will be
stenciled in two inch letters using contrasting paint colors on the fuselage under the horizontal stabilizers.
4 Z
12.5. All record keeping will reflect the true serial number.
13.0. Radioactive Components.
13.1. Completion of Section 2 of Air Force Form 3580, (USAF Museum Aerospace Vehicle Static
Display Acceptance Condition and Safety Certificate), or comparable certification indicating that a complete
radioactive material survey has been accomplished shall be included in the official file.
13.2 In accordance with Attachment 1,(National Museum of the United States Air Force Loan and
Static Display Program), if radioactive items are found reinstalled during later inspections,the borrowing
organization will pay the cost of removal of the radioactive items and any decontamination required.
14.0. Loan Termination.
14.1. The failure of the Borrower to observe any of the conditions set forth in this Loan Aereement
and Attachments 1. 2 and 3 thereto shall be sufficient cause for the Lender to. terminate the loan and
repossess the loaned property. Repossession of all or any part of the loaned property by the Lender shall be
made at no cost or expense to the Government; the Borrower shall defray all maintenance, freight, storage,
crating,handling,transportation and other charges attributable to such repossession.
14.2. In the event the loan is terminated for cause, the provisions of this agreement will remain in effect
until all borrowed property has been relocated.
14.3. Termination of the loan and subsequent repossession of all or any part of the loaned property at the
option of the Borrower shall require no less than thirty (30) days advance notice to the Lender in writing. This
requirement may be waived by the Lender only through the provision of a written waiver to the Borrower prior
to the return of the loaned property.
14.4. The Lender reserves the right not to renew the loan agreement, in all or part, and to recall the
property if required by the Lender to meet the requirements of the NMUSAF, Wright-Patterson AFB, OH or
other military requirements. The Lender will provide a written thirty (30) day notice of intent to recall to the
Borrower. In the event of recall,movement of the property from the Borrower's site will be accomplished at the
Lender's expense.
15.0. Dispute Resolution. In the event a dispute arises between the parties over the terms of this loan
agreement reasonable attempts will be undertaken to resolve the matter through negotiation between agents
appointed, in writing,by the parties. In the further event that negotiations fail to reach a resolution the parties
agree that federal law will apply and the Federal District Court for the Southern District of Ohio,at Dayton,
Ohio,will have exclusive jurisdiction over such matters.
r
Executed on behalf of the Lender this 15`h Day of February,2011 at Wright-Patterson AFB OR
UNITED STATES OF AMERICA
e:�e�' Lz!�5
By: PATRICIA A. OCHS
Title: Static Display Administrator
Agency: National Museum of the United States Air Force
Address: NMUSAF/MUX
1100 Spaatz St
Wright-Patterson AFB OH 45433-7102
Telephone: (937)255-4770 Fax Number: (937)656-4340
Email: patricia.ochs @wpafb.a£mil
ACCEPTANCE
The Borrower,through its authorized representative hereby accepts responsibility of the loaned property subject
to the terms and conditions contained in the Loan Agreement set forth above. The Borrower certifies that they
have read,understand and acknowledge that concealing a material fact and/or making a fraudulent statement in
dealing with the federal government may constitute a violation of federal law in accordance with 18 USC §1001.
Executed on behalf of the Borrower this day of 2011,
CITY OF BEAUMONT
(Name of Borrower/Organization)
By:
(Signature)
(Typed or Printed Name&Title)
Address:
Telephone: Fax Number:
Email:
• NATIONAL MUSEUM of the U.S. AIR FORCE
RCS: HAF-HO(A)8801 INVENTORY REPORT
Loan Account Number SDA0282
20-Feb-11
ACCESSION# NOMENCLATURE Value
SD-2000-0079 AIRCRAFT,F-101B(GF),59-0430 $21,000
1 certify that the above listed items shown on Pages 1 through 1
have been accounted for with any discrepancies so noted.
Signature:
(Historical Property Custodian) (Date)
Typed or Printed Name
Typed or Printed Title
Page 1
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute the necessary
documents to renew the loan agreement with the National Museum of the United States
Air Force for the jet on display at Babe D. Zaharias Park.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
March, 2011.
- Mayor Becky Ames -
D
RICH WITH OPPORTUNITY
rT • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Frank C. Coffin, Jr., Chief of Police
MEETING DATE: March 22, 2011 /
REQUESTED ACTION: Council approve the City Manager to sign a memorandum
of agreement with the South East Texas Regional Planning
Commission, which is facilitating a web-based software for
regional plan sharing and coordination.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
A formal contract between the South East Texas Regional Planning Commission (SETRPC) and
NetPlanner was approved by the SETRPC executive committee for coordination of regional
emergency operations plans with all the agencies. This web-based software allows tracking of
changes, discussions, approvals, streamlines coordination, and reduces the amount of meetings
and travel necessary to develop and maintain multi-agency plans. This MOU will allow the City
of Beaumont to utilize this software under the SETRPC contract at no cost to the City both this
year and in subsequent years when working on regional plans.
The web-based system also has the capability to be used for inter-departmental and city entity
(i.e. BISD, Lamar University, Entergy, ExxonMobil, LNVA, Red Cross, TxDOT, etc) plan
coordination. Many of the Emergency Management Plans affect and include multiple entities
within the City, but not the whole three county region. This MOU will allow development of the
City aspect during the first year with no cost to the City. However, if the City does decide to
utilize this software for internal planning coordination in future years, a charge will be assessed
to the City in a separate contract. That contract would be processed in accordance with normal
city policy and would not affect the regional coordination.
The Regional Planning Commission is asking for City support for this MOU.
BUDGETARYIMPACT
None.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to enter into a memorandum of
understanding with South East Texas Regional Planning Commission (SETRPC)for web-
based software for regional plan sharing and coordination. The agreement is substantially
in the form attached hereto as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
March, 2011.
- Mayor Becky Ames -
r
;-
June 29, 2010
PRESIDENT
SHIRLEY BONNIN MEMORANDUM OF UNDERSTANDING
Mayor Pro Tem
City of West Orange South East Texas Regional Planning Commission
1st VICE-PRESIDENI Original Issue, June 29, 2010
EVERETTE"BO"ALF And
County Commissioner
Jefferson County City of Beaumont
2nd VICE-PRESIDEN
KEN PELT
County Commissioner Purpose
Hardin County
3rd VICE-PRESIDEN- This Memorandum of Understanding (MOU) establishes permissions and guidelines for the use of
DAVID DUBOSE NetPlanner& netEOP Software
County Commissioner
Orange County
TREASURER Understandings
GLENN JOHNSON
Mayor South East Texas Regional Planning Commission will:
City of Port Neches
SECRETARY Purchase and maintain software license agreements for the first year.
FRED WILLIAMS
Mayor
City of Kountze Establish a training schedule for the operation and use of Netplanner& netEOP.
LEGAL COUNSEL
JOE ALFORD Issue any updates and revisions to NetPlanner& netEOP software.
City Attorney
City of West Orange
Jurisdictions
Jurisdictions will:
Be responsible for any licensing cost in the second and subsequent years.
At a minimum utilize the software for the Regional Interoperable Communication Plan, and the
Interoperable SOP.
Manage and maintain proper licenses for the use of the NetPlanner& netEOP software.
EXECUTIVE DIRECT,
SHAUN P.DAVIS Establish a training program for all personnel that will use the software.
2210 Eastex Freeway
Beaumont,Texas 777
Telephone(4 Jurisdiction Name: City f Beaumont South Et T Regional Planning Commission
FAX(409)347-07-0 138 38 y ou as Texas g ona anng
setroc(Msetroc.ora
hftp://www.setrpc.org Authorized Signature: Authorized Signature:
Print Name: Print Name: Shaun P. Davis
Title: Title: Executive Director
EXHIBIT "A"
BIOS WITH OPPORTUNIT!
BEAUMON*
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 22,2011 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 amending Section 2.03.075 of the Code of Ordinances relating to the
number of Grade III Lieutenant positions in the Police Department
2. Consider approving a change order to the Fannin Street Drainage Improvements
Project
WORKSESSION
* Discuss the naming of the new event center building and surrounding properties
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:
Kimberly Thibodeaux vs. Frank Jackson, et al, Cause No. A-188,592
Claim of Hi-Way Equipment
Worker's Compensation Claim of Tracy O'Quinn
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
March 8,2011
Consider amending Section 2.03.075 of the Code of Ordinances relating to the number of Grade
III Lieutenant positions in the Police Department
RICH WITH OPPORTUNITY
City Council Agenda Item
T • E - X • A • S
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: March 22, 2011
REQUESTED ACTION: Council consider amending Section 2.03.075 of the Code of
Ordinances relating to the number of Grade III Lieutenant
positions in the Police Department.
RECOMMENDATION
The Administration recommends amending Section 2.03.075 of the Code of Ordinances to
decrease the number of Grade III Lieutenant positions from thirteen(13)to twelve (12).
BACKGROUND
Lieutenant James Clay was promoted to the rank of Captain effective January 31, 2011. This
promotion created a vacancy in the Lieutenant positions of the Police Department. The
Administration recommends that the vacant Lieutenant position be deleted at this time. The
Civil Service Act gives to the City Council the right to prescribe, by Ordinance,the number of
positions in each classification of the department.
BUDGETARYIMPACT
The annual savings would be approximately $15,000.00.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING SECTION 2.03.075
OF THE CODE OF ORDINANCES BY DECREASING THE
NUMBER OF GRADE III LIEUTENANT POSITIONS IN THE
BEAUMONT POLICE DEPARTMENT FROM THIRTEEN (13)
TO TWELVE (12); PROVIDING FOR SEVERABILITY AND
PROVIDING FOR REPEAL.
Section 1.
That Chapter 21, Section 21.03.075, of the Code of Ordinances of the City of
Beaumont be and the same is hereby amended to decrease the number of Grade III
Lieutenant positions in the Beaumont Police Department from thirteen (13)to twelve(12).
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance
and, to such end, the various portions and provisions of this ordinance are declared to be
severable.
Section 3.
All ordinances or parts of ordinances in conflict herewith, including conflicting
portions of the City Budget, are repealed to the extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22th day of
March, 2010.
- Mayor Becky Ames -
2
March 8,2011
Consider approving a change order to the Fannin Street Drainage Improvements Project
I
RICH WITH OPPORTUNITY
11EAi[111C111T
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: March 22, 2011
REQUESTED ACTION: Council consider approving a change order to the Fannin
Street Drainage Improvements Project.
RECOMMENDATION
The Administration recommends approval of the change order in the amount of$449,778.75.
BACKGROUND
City Council approved the original contract for the Fannin Street Drainage Improvements Project
on January 19, 2010 in the amount of $4,992,554.15. The original project included 8ffi Street
from Fannin to Stagg Drive. The condition of 8h Street from Stagg Drive to College Street
necessitates improvements to the street and drainage system as well as upgrades to the water and
sewer infrastructure. The change order will reconstruct 8t' Street from Stagg to College from an
existing two-lane asphalt roadway to a concrete roadway with two lanes in each direction and
sidewalks on each side. These improvements in the amount of$279,022.50 will be paid for with
additional funding provided by a Texas Water Development Board Flood Mitigation Grant. The
change order also includes furnishing and installing 1195 linear feet of eight (8) inch water main
and sanitary sewer connections with appurtenances in the amount of$170,756.25 to be paid from
the Capital Program (Water and Sewer Projects). Water and sewer improvements are not
eligible for funding as a part of the grant agreement.
BUDGETARYIMPACT
Funds for the change order are available in the Capital Program (Water and Sewer Projects) and
additional funding from a Texas Water Development Board Flood Mitigation Grant.
Previous actions include:
Resolution 10-010 in the amount of$4,992,554.15 was passed by City Council on
January 19, 2010.
Resolution 10-167 for Change Order No. 1 in the amount of$257,361.10 was passed by City
Council on June 22, 2010.
Change Order No. 2 in the amount of$7,605.00 on November 6, 2010.
Resolution 11-026 for Change Order No. 3 in the amount of$28,328.00 was passed by the City
on January 18, 2011.
Grant funding of$3,470,024 is provided by a Texas Water Development Board Flood Mitigation
Grant.
RESOLUTION NO.
WHEREAS, on January 19, 2010, the City Council of the City of Beaumont, Texas,
passed Resolution No. 10-010 awarding a contract in the amount of $4,992,554.15 to
Reytec Construction Resources, Inc., of Houston, Texas, for the Fannin Street Drainage
Improvement Project; and,
WHEREAS, on June 22, 2010, the City Council of the City of Beaumont, Texas,
passed Resolution No. 10-167 for Change Order No. 1 in the amount of $257,361.10 to
add and install new waterlines, fire hydrants, gate valves and fittings, and water
connections, thereby increasing the contract amount to $5,249,915.25; and,
WHEREAS, Change Order No. 2 in the amount of$7,605.00 was signed by the City
Manager on November 6, 2010, thereby increasing the contract amount to$5,257,520.25;
and,
WHEREAS, on January 18, 2011, the City Council of the City of Beaumont, Texas
passed Resolution No. 11-026 for Change Order No. 3 to furnish and install 386 linear feet
of two-inch force main and water & sanitary sewer connections with appurtenances,
thereby increasing the contract amount to $5,285,848.25; and,
WHEREAS, Change Order No. 4, in the amount of $449,778.75 is required to
reconstruct Eighth Street from Stagg to College Street from an existing two lane asphalt
roadway to a concrete roadway with two lanes in each direction with sidewalks on each
side and furnish and install 1195 linear feet of eight(8) inch water main and sanitary sewer
connections with appurtenances,thereby increasing the contract amount to$5,735,627.00;
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. 4 for additional work described above, thereby increasing the contract amount by
$449,778.75 for a total contract amount of$5,735,627.00.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
March, 2011.
- Mayor Becky Ames -