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PACKET OCT 09 2012
RICIR WITH OrrORTUXITT BEAUMON* T • B • % • A • S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 9,2012 1:30 P.M. CONSENT AGENDA * Approval of minutes—October 2, 2012 * Confirmation of committee appointments A) Approve a resolution amending the current lease with Landlord Jacquelyn Cake for EMS Med 1 operations B) Approve a resolution authorizing the granting of a Pipeline License Agreement within City of Beaumont limits for use in the Water Department C) Approve a resolution authorizing the granting of a Utility Crossing Agreement within City of Beaumont limits for use in the Water Department A RICH WITH OPPORTUNITY C T - E - x - A - s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: October 9, 2012 REQUESTED ACTION: Council consider a resolution amending the current lease with Landlord Jacquelyn Cake for 2510 N. 11th Street, Suite A, for EMS Med 1 operations. BACKGROUND The current lease for the EMS Med 1 location began July 1, 2010 and expires June 30, 2013. Rent payments are made to Landlord Jacquelyn Cake. The Landlord has now formed Doxey- Pleasant Properties, LLC and requests an Amendment of Article 2.2 of the lease to direct all rent payments be remitted to Doxey-Pleasant Properties, LLC, c/o Drew Polk(property manager), Burns Properties, P. O. Box 3723, Beaumont, Texas 77704, effective immediately. Supporting documentation for the LLC and a copy of the current lease is attached for your review. FUNDING SOURCE General Fund—Public Health Department. RECOMMENDATION Approval of the Resolution. AMENDMENT NO. 1 TO LEASE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § THIS AMENDMENT to that certain Lease Agreement (herein referred to as "Lease") by and between the City of Beaumont, Texas, a public body (herein referred to as "Tenant") and Jacqueline Cake, dba Doxey-Pleasant Properties, LLC (herein referred to as "Lessor"), executed on June 23, 2010, is effective as of the day of , 2012. Recitals WHEREAS, the Lessor and Tenant entered into a three (3) year agreement for the lease of property located at 2510 North 11 th Street, Suite A, Beaumont, Texas, to operate EMS Medic 1 operations, beginning July 1, 2010 and ending June 30, 2013; and WHEREAS, Article 2.2 of said lease provides for rental payments to be remitted to Lessor Jacquelyn Cake; and WHEREAS, Lessor desires to have rental payments made payable to Doxey-Pleasant Properties, LLC for the remainder of the lease; and WHEREAS, Lessor and Tenant hereby confirm and ratify each and every other Agreement, term, provision, condition and covenant contained in Lease, and with the exception of the Amendment set forth below, Lease shall remain in full force and effect in accordance with its terms. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree to AMEND Article 2. RENT, paragraph 2.2 of the current lease, as follows: I ARTICLE 2. RENT 2.2 All rent payable hereunder shall be paid to Landlord by remitting to Doxey- Pleasant LLC and mailing to the address shown below: Doxey-Pleasant LLC ATTN: Drew Polk Burns Properties P. O. Box 3723 Beaumont, TX 77704 Contact Phone Number: 409-866-2398 or by direct payment, or such other place or places as Landlord may from time to time designate in writing to Tenant. THUS DONE AND SIGNED on this day of October, 2012. LESSOR: TENANT: Jacqueline Cake, Owner dba City of Beaumont Doxey-Pleasant Properties, LLC By: By: Jacqueline Cake, Owner Kyle Hayes, City Manager GALEASESTMM-N.1Ith St-C.L.Sherman\2010 Lease\Amendment 1 lease EMS Med Ldoc Page 1 of 1 Amendment to Lease Bill Cake to: B DEAN @CI.B EAUMONT.TX.U S 09/18/2012 11:22 PM Show Details Ms. Dean: This request to e-mail you our wishes to amend our Lease was made by Drew Polk in e-mail to me this evening. I placed a like request in today's mail, but am repeating the information here in order to facilitate making the desired changes. We are requesting amendment to our Lease Agreement dated June 23, 2010. In 2011, the property at 2510 North 11th Street, Suite A, was placed as an asset in the Doxey-Pleasant Properties, LLC, with members Jacquelyn Cake, Colin Sheppard and Alyson Blair. Jacquelyn Cake is the Member Manager of the LLC. We specifically request amendment of Article 2.2 of the Lease Agreement. To date, rent payable has been sent to Jacquelyn Cake. Per this request,payment on behalf of Doxey- Pleasant LLC, as well as billing statement for water/sewer/and trash collecton supplied to this location, should be sent to Burns Properties,Attention Drew Polk, at PO Box 3723, Beaumont, Texas 77704. The telephone number is 409-866-2398. If you need further information, please let me know. Thank you, Jacquelyn Cake file://C:\Users\brenda\AppData\Local\Temp\notes30A9DE\—web3668.htm 9/27/2012 DOXEY-PLEASANT PROPERTIES, LLC PO Box 397 Steinhatchee, FL 32359 September 17, 2012 Brenda Dean Administrative Assistant City of Beaumont PO Box 521 Beaumont, TX 77704 I am sending you copy of my letter to Water-Sewer Department regarding billing for month of August. At this date, I have no information regarding the high usage of water. We are currently working on the problem and this letter is for your information. This letter also serves to make sure that you are aware that the property is now part of Doxey-Pleasant Properties,LLC, established by my children and I in 2011. This information was provided to your Finance Department in preparation of the W-4 provided to the LLC for tax purposes, but lease payments have continued to be made in my name. Utility bills for water and sewer are in the name of the LLC. I also authorize you to communicate with our property manager Drew Polk, an agent with Burns Properties, on any questions or concerns. My son Colin and I enjoyed working with you and appreciate all of your help as we assumed management of the property. We have since learned the benefits of having Mr. Polk take this on-site management role. For your information,the address for Bums Properties is PO Box 3723, Beaumont,TX 77704. The telephone number is 409-866-2398. If you have any questions of me, please call me at 352-498-5954 or 352-264 7811. Sincerely, acqu yn Cak cc: Drew Polk, Burns Properties DOXEY-PLEASANT PROPERTIES, LLC PO Box 397 Steinhatchee, FL 32359 September 17, 2012 k City of Beaumont A C n�0 r ' 11 n PO Box 521 Beaumont,TX 77704 ATTN: Water-Sewer-Garbage Collection Department RE: Account No. 000417235-000409872 Service Location: 2510 Eleventh Street Dear Manager: I recently received Billing statement for month of August for the above referenced Account Number. On this statement, water/sewer usage was approximately three times more than usage reported on individual statements for each of the previous months of May, June and July. I have not been notified of any reason for this unusual increase in usage. Mr. Drew Polk, agent with Burns Properties, is our manager for this property. This letter authorizes you to discuss this problem and other issues that may arise regarding this property with Mr. Polk. I am requesting, as well, that you extend payment date on this Billing Statement until this matter is clarified. Sincerely,rt� A 0_a_jf_� acquelyn S. Cake Member Manager, Doxey-Pleasant LLC cc: Brenda Dean Administrative Asst. 2012-02-02 11;04 Cake House 13524985954» 4098803747 P 1/1 ----MN Individual Request- Online Application � �n � 13re�da. Dean. '`den : -S. C ak e SN Assistant Re. : Dn x ey_ Pleas arN A Your Progress; 1,Identity 2.Authenticate P4 if L L e,, Summary of your Information Please review the information you are about to submit.If any or the information below is incorrect,you will What is Form 11 need to start a new aoolication. Click the"Submit"button at the bottom of the page to receive your EIN. i N- Organization Type:LLC LLC Information ' P. Legal name: DOXEY-PLEASANT PROPERTIES County: ALACHUA State/Territory: FL start date: JUNE 2011 Closing month of accounting year: DECEMBER(The dosing month of ate accounMV year 0 defaulted to December due to your organization type.To change your oktsing month of accounting year,complete Form 1128.) State/Terrhory where artidw of organization FL are(or will be)filed: Addresses Physical Location: 117 NW 48TH BLVD GAINESVILLE FL 32007 Phone Number. 3324181-7611 Responsible Party Name: JACQUELYN S CAKE MBR SSNATIN: XXX,XX4$1$ Principal Business Activity What your businessforganiza#ion does: REAL ESTATE Principal productslservices: REAL ESTATE COMMERCIAL RENTING Additional LLC Information Ovens a 55,000 pounds or greater highway motor vehicle: NO Involves gamblingtwagering, NO Involves alcohol,tobacco or firearms: NO Files Form 720(quarterly Federal Excise Tax Return): NO Has employees who receive Forms W-2 NO Reason for Applying: CHANGER TYPE OF ORGANIZATION https://sa2.www4.its.gov/modieiiVindividual/verify-information.isp 8/9/2011 THE STATE OF TEXAS § COUNTY OF JEFFERSON § LEASE AGREEMENT This Lease Agreement is made and entered into by andbetween Jacguelva Cake,of Steinhatchee Florida(Primary),and Colin M.Shmard,Berea Ohio(Secondary) hereinafter called"Landlord," and The City of Beaumont,of Jefferson County Texas ,hereinafter called"Tenant." In consideration of the mutual covenants and agreements herein set forth, and other good and valuable consideration,Landlord does hereby demise and lease to Tenant,and Tenant does hereby lease from Landlord,certain real property and improvements thereon at . 2510 North I 1 m Street. Suite"A" and one-third(1/3)of the adiacent parkin lot of located in the City of Beaumont,hereinafter called the "leased premises." ARTICLE 1. TERM OF LEASE 1.1 The term of this Lease shall be for a Period of three(3)years comxtuncing on July 1 2010 and ending at 11:59 p.m:on June 30 2013 unless sooner terminated as herein provided. ARTICLE 2. RENT 2.1 Tenant agrees to pay to Landlord rent in monthly installments of One Thousand Four Hundred and Twenty-Five Dollars and No Cents($1,425.00) each,with the first such installment being due and payable on July 1,2010 and a like installment of rent being due and payable on the fust(1 st)day of each calendar month thereafter. 2.2 All rent payable hereunder shall be paid to Landlord by mailing to the address shown, direct payment,or such other place or places as Landlord may from time to time designate in writing to Page 1 of 6 i Tenant,to: Ms.Jacquelyn Cake P. O.Box 397 Steinhatchee,FL 32359 ARTICLE 3. BUSINESS 3.1 Tenant shall operate the leased premises only for the use and purposes for which it is let, to-wit:Municipal uses. Tenant will comply,and will cause its employees,agents and invitees to comply, with all applicable laws and ordinances and with all rules and regulations of governmental agencies. ARTICLE 4. MAINTENANCE AND SURRENDER 4.1 Landlord shall repair and maintain in good condition the roof,foundation,exterior doors, exterior walls,electrical and plumbing systems,major components of the heating and air conditioning systems,the adjacent driveways and parking lot of the leased premises;provided,however,Landlord shall not be obligated to perform any maintenance,repairs or replacements made necessary by the negligence of Tenant or Tenant's agents,employees or invitees,which maintenance,repairs or replacements shall be performed by Tenant at Tenant's sole cost and expense. All other repairs, maintenance and replacements necessary to maintain the leased premises in good condition,not specifically allocated to the Landlord in this Article 4, shall be made by Tenant at Tenant's sole cost and expense,including without limitation air conditioner filters,stopped up plumbing lines,and janitorial services. All maintenance,repairs and replacements shall be made promptly by the party responsible as and when necessary. 4.2 Tenant shall throughout the Lease term maintain the leased premises in an orderly condition as provided above and keep them free from waste or nuisance. At the termination of this Lease,Tenant shall deliver up the leased premises in a clean and sanitary condition in good repair and condition,reasonable wear and tear and damage by fire,tornado or other casualty,not caused through the Page 2 of 6 fault of Tenant or any of Tenant's agents,invitees or employees,only excepted. 4.3 Landlord will conduct a move-out inspection of the premises when Tenant vacates and the cost of any damage repairs above reasonable wear may be billed to Tenant. 4.4 If Tenant fails to pay lease or other amount owed for a period of thirty(30)days,or if Tenant abandons the building,then Landlord may terminate the Lease Agreement with or without demand for performance by giving Tenant thirty(30)days written notice to vacate,and Landlord may be entitled to possession by eviction suit. Notice may be mailed or personally delivered to Tenant. ARTICLE 5. OBLIGATIONS OF LANDLORD AND TENANT 5.1 The monthly rental amount stated in Article 2.1 above includes payments for water and garbage services. Tenant shall be responsible for the payment of telephone and electricity services. 5.2 Tenant shall pay all personal property taxes,if any,imposed on the equipment, inventory,fixtures and other personal property located on the leased premises. Landlord shall pay all real property taxes on the leased premises. 5.3 Landlord shall,at its expense,maintain such casualty insurance covering the leased premises as it deems appropriate to cover its interest thereon. Tenant should maintain such insurance as it deems appropriate to protect its property on the leased premises. 5.4 Tenant shall not create any openings in the roof or exterior walls,nor make any alterations,additions or improvements to the leased premises without the prior written consent of Landlord. Consent for nonstructural alterations,additions or improvements shall not be unreasonably withheld or delayed by Landlord. Redecorating,refurnishing,painting and other nonstructural renovations which do not decrease the value of the building maybe made by Tenant with Landlord's consent. Tenant shall have the right at all times to erect or install fixtures,provided that Tenant complies with all applicable governmental laws,ordinances and regulations. Tenant shall have the right to remove Page 3 of 6 prior to termination of this Lease such fixtures so installed,provided Tenant is not in default under any of the terms,covenants or conditions of this Lease;however,tenant shall,not later than five(5)days after the termination of this Lease,repair any damage caused by such removal. All alterations,additions or improvements made by Tenant,which are not actually removed from the leased premises by Tenant, under the provisions of the preceding paragraph,shall become the property of Landlord at the termination of this Lease. 5.5 Tenant shall have the right to install any signs on the leased premises;however, Tenant shall be wholly responsible for any and all direct or consequential damage caused by the placement, erection or removal of such signs. Tenant shall remove all signs at the termination of this Lease and shall repair any damage and close any holes caused by such removal. 5.6 Landlord shall not be liable to Tenant for losses to person or property caused by other Tenants or by theft,burglary,assault,vandalism or other crimes. Landlord shall not be liable for personal injury or for damages to or loss of Tenant's personal property from fire,flood water,leaks or other occurrences,unless such damage or injury is caused by negligence of Landlord. 5.7 Either party may cancel this contract after the initial three(3)year term by giving to the other party ninety(90)days notice of said termination in writing. Any obligation to pay rent under this lease will also terminate with such cancellation. Tenant shall within said ninety(90)days vacate the space and remove all of Tenant's property therefrom. Any property belonging to Tenant not removed within said ninety(90)day period shall become the property of the Landlord. ARTICLE 6. MSCELLANEOUS 6.1 No amendment,modification or alteration of the terms of this agreement shall be binding unless made in writing,dated after the execution date of this agreement and duly signed by the Landlord and Tenant. Page 4 of 6 e , 6.2 Should Tenant hold over on the leased premises,or any part thereof, after the expiration of the initial tern of this Lease or any extension thereof with the permission of Landlord,unless otherwise agreed in writing, such holding over shall constitute and be construed as a tenancy from month-to-month only. Rent for such month to month tenancy shall be at a monthly rate of One Thousand Four Hundred Twenty-Five Dollars and No Cents($1,425.00),payable in advance on the first(1st)day of each calendar month during the term of such month to month tenancy. The inclusion of Section 6.2 shall not be construed as Landlord's automatic consent for Tenant to hold over. 6.3 Notwithstanding anything contained in this Lease to the contrary,in the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for lease payments due under this Lease,Tenant will immediately notify Landlord in writing of such occurrence and this Lease shall terminate on the last day of the fiscal period for which appropriations have been received or made without penalty or expense to Tenant_ 6.4 Tenant may contact either Primary or Secondary Landlord for notices,amendments to this Agreement,or any other action or notice called for in this Agreement. Either the Primary or Secondary Landlord may bind both Landlords. Page 5 of 6 V ' Contract information for all parties is as follows: Landlord(Primary): Tenant: Ms.Jacquelyn Cake City Manager P.O.Box 397 City of Beaumont Steinhatchee,FL 32359 P. O.Box 3827 Beaumont,TX 77704-3827 Phone: 440-382-4306 Phone: 409-880-3720 Phone: 352-2647811 Phone: 352-498-5954 Landlord(Secondary): Colin M. Sheppard 51 Riverside Drive Berea,OH 44017 Phone: 440-263-9177 Phone: 440-243-3821 EXECUTED,this the . 23 . day of '2010. LANDLORD(PRIMARY): TENANT: JACQUELYN CAKE CITY OF BEAUMONT Jacquit C Kyle Hayes,City Manager LANDLORD(SECONDARY): COLIN M.SHEPPARD Colin M.She pard Page 6 of 6 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on June 8, 2010, the City Council of the City of Beaumont, Texas passed Resolution No. 10-149 authorizing the City Manager to execute a three (3) year lease agreement, commencing on July 1, 2010 and expiring on June 30, 2013, with Jacquelyn Cake and Colin Sheppard (Landlords) for $1,425.00 per month for property located at 2510 North 11th Street, Suite A, and one-third (1/3) of the adjacent parking lot, Beaumont, Texas, for operation of EMS Med Station No. 1; and, WHEREAS, the Landlords have formed Doxey-Pleasant Properties, LLC and requests an amendment of Article 2.2. of the lease to direct all rent payments be remitted to Doxey-Pleasant Properties, LLC. Amendment No. 1 to the Lease Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes; 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 Amendment No. 1 to the Lease Agreement for the property at 2510 North 11 th Street, Suite A, and one-third (1/3) of the adjacent parking lot for the purpose of amending Article 2.2 of the lease to direct all rent payments be remitted to Doxey-Pleasant Properties, LLC. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of October, 2012. - Mayor Becky Ames - AMENDMENT NO. 1 TO LEASE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § THIS AMENDMENT to that certain Lease Agreement (herein referred to as "Lease") by and between the City of Beaumont, Texas, a public body (herein referred to as "Tenant") and Jacqueline Cake, dba Doxey-Pleasant Properties, LLC (herein referred to as "Lessor"), executed on June 23, 2010, is effective as of the day of , 2012. Recitals WHEREAS, the Lessor and Tenant entered into a three (3) year agreement for the lease of property located at 2510 North 11th Street, Suite A, Beaumont, Texas, to operate EMS Medic 1 operations, beginning July 1, 2010 and ending June 30, 2013; and WHEREAS, Article 2.2 of said lease provides for rental payments to be remitted to Lessor Jacquelyn Cake; and WHEREAS, Lessor desires to have rental payments made payable to Doxey-Pleasant Properties, LLC for the remainder of the lease; and WHEREAS, Lessor and Tenant hereby confirm and ratify each and every other Agreement, term, provision, condition and covenant contained in Lease, and with the exception of the Amendment set forth below, Lease shall remain in full force and effect in accordance with its terms. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree to AMEND Article 2. RENT, paragraph 2.2 of the current lease, as follows: EXHIBIT "A" ARTICLE 2. RENT 2.2 All rent payable hereunder shall be paid to Landlord by remitting to Doxey- Pleasant LLC and mailing to the address shown below: Doxey-Pleasant LLC ATTN: Drew Polk Burns Properties P. O. Box 3723 Beaumont, TX 77704 Contact Phone Number: 409-866-2398 or by direct payment, or such other place or places as Landlord may from time to time designate in writing to Tenant. THUS DONE AND SIGNED on this day of October, 2012. LESSOR: TENANT: Jacqueline Cake, Owner dba City of Beaumont Doxey-Pleasant Properties, LLC By: By: Jacqueline Cake, Owner Kyle Hayes, City Manager G:\LEASES\EMS#1-N.1lth St-C.L.Sherman\2010 Lease\Amendment 1 lease EMS Med l.doc B RICH WITH OPPORTUNITY BEA[IMON* T • >A • A • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager QO, PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: October 9, 2012 REQUESTED ACTION: Council consider a resolution authorizing the granting of a Pipeline License Agreement within City of Beaumont limits for use in the Water Department. BACKGROUND Enterprise Pipeline, LLC has requested permission to install a 20" (twenty inch)ethane pipeline which will cross one (1)twelve inch(12") sanitary sewer force main,one (1)twenty inch(20") waterline easement located East of West Port Arthur Road near FM 3514 within a portion of the city limits of Beaumont. The pipeline is for the purpose of transporting oil, gas, water, carbon dioxide or their refined products, and will be constructed in accordance with City requirements. There is a one-time fee of$500.00 for the Pipeline License Agreement and an annual fee of $2.25 per linear foot of pipeline. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to grant a Pipeline License Agreement to Enterprise Pipeline, LLC., substantially in the form attached hereto as Exhibit "A,"to install a twenty inch (20") ethane pipeline which will cross one (1) twelve inch (12") sanitary sewer force main, one (1) twenty inch (20") waterline easement located East of West Port Arthur Road near FM 3514 within a portion of the city limits of Beaumont for the purpose of transporting oil, gas, water, carbon dioxide or their refined products, said pipeline is to be constructed in compliance with City requirements. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of October, 2012. - Mayor Becky Ames - CITY OF BEAUMONT APPLICATION FOR PIl M21B LICENSE AGREEMENT TIC STATE OF TOM COUNTY OF JEFFERSON, Enterprise Liquids Pipeline.. LLC - ; Business Name: Business Phone;, 7 3 l 381- 639 0 Business Address: P.O. .Box 4324 Houston TX 7721 Q-4324. i The,City of Beaumont,hereinafter called"City",for and in consideration of the sum � spedfiedheredn 1567,50 (1500 fee + 12.2,5 x 30-feet j ) hereby grants to Enterprise. Liquids Pipeline LLiC hereinafter oailed'Iicensee ,the Iiow= i to lay,maintain,operate,replace,or remove a pipeline for the transportation of oil,ga4water or their products, on or across the following property situated in the City of Beaumont, Jefferson County,Texas,and:beingmoreparticularlydoscribedin Exhi t i f l i i i f _ j l COST OF LICBNSB. G Licensee shall make payment to the City of Beaumont as follows: I o License Agreement fee-$500.00 o Annual fee of$2.25 pet linear foot of pipeline located within Cityproperty. Said ,f'ee shall be reset on January 3 I.,2011 and shall be msd every 'ten (10)years; thereafter, to:>a level to be detexuoix�ed by the Ci{�►Council or their delegated representative.; Allfees,including they first annual foe for linear foot usage shall be madoto f ern' Division and payable, to the City of Beaumont prior to cons�uetvrl, i i This license is granted bytl e City of B1�2ont sutod.to conditions. Failure to comply with the fallowing my result in termination of<agreemen;t(see page 8). CIAL 3NIlC�]�Tg o Licensee dues not intend tc sell product for resale from the cove d pipeline to cukomers located within the ft however, l icensec reco ms that should it sell product for male flsrn ibis.covered pipeline to customers, within the City, it will be teglured to report such distribution and when lawfiAly recfuired to db so, pay a street rental fee based on revenues; The axmuat fee and ttere . ..#Wcot&ol i the payment ofsuch.fee will,bethose as lawfully--established by the ordinances of the City. F o ART.4m1h=I, crossing puhlic ri is-of way shall be bored from right-off Way line to right-of-way linm within those limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. o The pipeline shall be constructed in such-a manner as approved by the City so as it does not interfere with the use of the City property. l 2 R i i i E ! o The pipeline shall be installed.,minimum of five(5)feet below the lowest existing or,proposed.ditch grades, waterlines, sanitary sewer limes or storm drainage lines, unless otherwise authorized by the City and/or Texas Depaitnaeart of 'T'ransportatiDn. Such grades and lines shall be indloated on map submittal, as well as depth-of proposed pipeline(see page 4); The construction and operation of the pipeline shall not interferer with the natural drainage in that area uor with the drainage system of the City, nor with sanitary sewer lines, waterlines,or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grader at vd4oh. it existed prior to constfootion or maintenance. Bore pits; shall ba back-filled according to City stands. o Excavations necessary for the constxaction repair, or maintenance of the pipeline shall be peffo3med ig soch a manner that will cause minimal inconvenience to the public. `Licensee shall promptly restore the area,to as good a condition as before wtirkiuzg 'thereon and to I the reasonable satisfaction of the City's leering Division and/or the Texas Department of Transportation, o Cperatiops along roadways a be performied in such a.matiw that all excavated materials will be kept off the pavements at all tune,, AS well as all operating equipment and materials. All property where operations are performed will be restored to o4g inal condition or better. No equipment or installat3 Qn procedures will be used which will damage any'road surface i or structures, The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line.. ! o Barricades, warning .signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary'by the City Engineer, will open cutting of a street'or roadway be allowed. All barricading must be by permit and approved by the City(Public Works Departmedtj in advance. o- Any construction which takes place in, on under, above, or across property, not owned by the City shall require additional permission:by the owner(s)of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. 3 f 3 3 o Any licenses,permits or agreements rewired by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. I I If agreement is not required by said governmental entity,then documentation regarding such will be provided to the City ofBeaumont`, o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. 0 Licensee shall be responsible for acquiring all agreemmts necessary for the j lawl use of any private property. o A map showing the location of the proposed pipeline shall be provided. 0'I-2;p40' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, casements or other property, fence the pipeline is in operation, any damage that occurs to the pipeiino which results in exposure or release of product must be reported immedfat+e to the city Fwe "De�!ent aind Public Work's Departmmt. Licensee shall fc Y_cooperate with the Fne Department,and provide, or assist with providing, any anti all necessary notftatio evacuations or other necessary actions.. Leafs or other defects are to be repaired immediately by Licensee at it's own cost. a The I nsee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all wsts associated with said cleanup and rernediation, o The,Licensee shall be responsible for any and all cost$ associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department ofTransportation. ' o Permits,which allow lines to be maintained or constructed in City fight-of way shall be obtained by Licensee or it's contractor, prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) i o Installation will be done in accordance with all.City standards and statutes { of the State of Texas', 4 1 I R 'QBB COVERAGE o Licensee shall furnish the City with a Certificate of Standard Liability Insurance,including bodily injuries and'property damage,naming the City of Beaumont as an AdditiOW Insured. Such poky shall provide for the following minimum coverage: 3 • Bodily injuries.'_ S, 300,000,00 per person 1000,000.00 per incident • Property Damage; $1,000,000.00 Such insurance shall be maintained in forte and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate sal ¢;owain a provision that at least fifm (15) days written notice must be:given to the City prior to cancellation, alteration, or modification,of such insurance. o Licensee shali have in fWoo.with the City a surety bond in the prineipal amount of 1,000tQ00.00 The bond shall be p "- to the City of Beaumont for the uW and benefit of any POKS041 ended thereto and r conditioned than the principal and.surety wilt pay all clapnages to any person caused by, or arising from, or growing out Of any violati"oaf the terms of this agreemen. Tbqbq;4 shall provide that it may not bo.cancelled,altered, or otherwise modified without. img fifteen :15)days prior'written notice to the City. The bond shall'bo good and in effect for aper od ofone(`l)year from the date of completion of construction of the pipeline. o Licensee shall .ir demn*, save and hold hamilms the,City of Beaumont from any and all claims for injuries afid damages to persons or property occasioned by or arising out of the construction,maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to { claims alleging negligence by the City` of,Beawnortt,<ifs agents, officers or employees,.arising'film. actions taken or occurrences under this license agreement. e If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in 1 connection with the performance of aaxy work or repairs that may be done upon the property mentioned herein: 5 I Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any -such damage or injuries so Sustained by it however; said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contradWs performance of 1 any contract with the City. OT MR, CQNSTRtTCTT WANCB WMEN RO.UV. 2 Q City will use its hest efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.C.W. involved with this license. Notification, to Licen , of other construction and/or maintenance permitted by the City and within the RC.W.involved with this license will be.the respoinsibility of the company obtaining said permit, f Licensee shall moan£ the location of its lines within forty-eight(48)hours after receipt of such notifcat on of proposed construction. Licensee shall maintain a local, or toll free, telephone t� to be called for notificaffon of construction or maintma nco and for location.of lines. Such number,or charges to such number,will be provided to the City (Department of Public'Works)and kept current at all tinier. This number shall be provided to entities permitted to construct, malty n or excavate within this City R, W. and which are required to provide notaftaatiion of such work, When information has been relayed to UcOnwo through the phone number provided, such contact shall constitute station for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required tune frame shall alleviate-the responsibility of the person(s) requiring the lines to be relocated. a City reserves the right to lay, and to permit to be laid,sewer;gas,water and other Pipes and cables, and to do or permit to be done any`undorground work that may be deemed to be necessary or prop4 by City in across, along,or under any of the streets,alleys and easem arxts,and to change any curb' or sidewalk or the grade of any said streets, in doing or permitting any such,work, the City of Beaumont shall not be liable to Licence for any damage occasioned, it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. i b r o Whenever by reason of the change in the grade of any street occupied by Licensees'pipelinEe or construction of a new street or highway along or over said street, or by reason: of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers; or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adapt or conform the pipeline of Licensee thereto,such change shall be made promptly by Licensee at its cost and.without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private cmporstion, except the City or the Texas Department of Transportation, Licensee shall be reimbursed. fully by the person or corporation, desiring or occasioning sueln+th a for any expense arising out of such change; provided,however, should'the change be requested by the Texas;Departrn6rit of Transportatioft or be required'due to cons coon,of notice from.the City,make a state or"federal highway, Licensee will, upon �' such change inimediately and at its own cost; it being understood that City will not participate in any part of the cost of'any change involving relocation, altoring, encasing; boring or dbanging in any manner of the pipeline where "same is in a City street,alley, easement or other right:of { way. NOTIMATI N/ `gPFCTIMON o Any and all work to be performed on!City rtyot~way (R d.W) shall be observed and inspected by a City representative, Any work to be E performed within the City limits will be subject to periodic inspection to ; ensure compliance: with construction standards. c Licensee shall provide the City, (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the line permitted by this license. Licensee shall also not*the City,twenty-four (24) hours prior to any street. or PLOW. crossing, A representative will be sduled to be present. The expense of`such inspection services may be bulled to the Licensee and such amounts will be reimbursed to the City.. o Licensee shall notify the Engineering Division at least forty-eight(48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection.; i f 7 33 i i SPECIAL CONDITIONS;: Nox�assignable This license is personal to the Licensee. It is nommsipable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. i i T'ermnadon This agreement is subject.to termination by the Cry if any condition spec Pied herein is not met. This agreeniv t way.also be ternrii ted by thoticensee. Either Marty atlernpting to terminate this agr rent shall give written notlim to the other specifying the date of, and the reason for? tummati n� Such notice,sliall bo .given not less than thirty(30)dye prior to the temination date therein speoffi c1. ,4ny written,-:notice may be effected either i by personal delivery or by registered or certified mail, p�tstage prepaid with return receipt I requested. Mail notices shall be addressed to the addresses of the parties as foliows City of Beaumont Nama_ofL Dense Apr se Liquids d pi plane ZLC Attn: Kyle Webster P.O.Box 3827 Beaumont,TMW 777,04 Address of Licensee:.P,0 Box 4324 Attn: City Manager City and State of Licensee: Houston, Tx 77210-4324 Upon cancellation,the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies. collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. i f O 9 { E I f i f � Commencement of woric on the pipeline by Licensee after the date of taus:filly executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN `TI NESS WHEREOF, the;City of Beaumont,Texas,has caused tew presents to be:signed by its City Manager and the seat;of the City to be herewith affixed by the City f Clerk, this day of ,A.D.24 � I CITY OF BEAUM€7NT, TEXAS 3 By: Kyle Hayes,City Manager ATTEST: i City°Clerk APPLICANT'S COMPANY NAME; (Lice) mod. Re b. K Sf 0-M 1AklPi f 1 A i By: cl�er 'tA 4 t { 1 i 1p1 Melines*ipeline_11cense agree 9 Revised 12-14-200 1 i i CERTIFICATE OF 'LIABILITY INSURANCE �oa"l��o°'� ' THIS CERTIFICATE 13 ISSUED AS AVATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE.CERTIFICATE,HOLDER.THIS CERTIFICATE DOES NOT AFFIRMAXIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A.CONTRACT BETWEEN THE ISStJ(NO INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE MbLDOL (( IMPORTANT.K the certificate holderia-shADDITIONAL INSURED,the pollcy(ias)must been road. If SUBROGATION IS WAIVED,subject to the terms and conditions ofthe pottoyt,oertaln pot)cias may squire an endorsement.A statement on this oertificate does not confer rights to the certificate holder in No of such endsusetne .s), PRODUCER C N Alit! Risk Services Southwest, Inc: f (366) 283-7122; No (847) 953-5390 ` Houston TX Office 5555 San Felipe NEDsit: suite 1500 Houston TX 77056 USA: INSURER(S)AFFORDING COVERAGE, NAIC:# MURED INS : Nati:gral Union Fire Ins,Co.of Pittsburgh 19445 Enterprise Liquids Pipeline, LLC INs E, Insurance 0Dmpa+ry of the'St0te of PA 19429 1100 Louisiana Stre=et" 10th Floor Houston TX 77002 USA oftunERa MURERG: I Itiaimeite; E INStBiIiRFe CG3VERAtBES CEIFICf►TE NUI5t3Eli. 588 ttE1!!81£lIM NUMBER: THIS IS TO EMIF YTIIAT.THE P@LI VRANCE' D., VE BEEN ISSUED TO THE INSURED NAMU P43©VE FOR THE POLICY PERIOD INOICATESI.I�S3TilClli}iSTAhiOW ANY R9QINREMENT TERN DR 1lCSN OF Jar COI+fTRAtT t]R.011iBf f7OCUMENT VI►trFl RESPECT TO WH1CF1 THIS CEi2TIFICATE`MkYid ISSUER OR MkY;PERTAIN,iwr=IIJS�I E J1I .CROED t3Y THE PoLICIEB'DE9CI8SE0,HEREIN IS SU8 tECT TO ALL THE TERMS, EXCLUSIONS A)VD OCthIpIO(* OF SULKPOLICIES.LIh41T3' N;M/tYl HAVEPEEN REDUCED O PAID CLAIMS. I knits shown ere m requested 'LT TYPff 4Ntlf,(ANGE - yyyD PGUOYNUAMEK magmil UNITS`. GENEIrAt LIAeStTi!" G EAONOReNCE 51;000,000 $1,?000,000 X GOMAAERCIAL(iENERALLIABA_RY ..: awiri�ce _ MANS.AADS rXJ OCCUR MLDE7iPGnnranit ). Excluded t PEtN.,ACV W.tt1RY S1.000000 000 pENSIMLAQGREGATE, $2,000,000 OEM AtiGRlstrA 6tW.APPUESPEXI PRQPUCT$=COAIPlOPAGO' $2,000,000 X POLICY LOC A AuroldoalLeil�antrir [A - hD:.81Nt"`LUT $11,000.000 in X ANY AUTD St DLY OA.d1RY(P*pmmn) Z ACI piyP(gp I:QIEDtruE4Y ]IDDLYGA#!1!ti !aoFkwM1 m AUTOS 4EO PROPERTY pAWGE HBtEDAllTD4 ='1*C;VNEO aatdent tG AUTOS lM1104EwLu16 oc" EACHCOQU RENCE EIiCE$E UA9:: CLAWS-MADE A "M DfEQ lam: € D WORN"Wwwagnpm AND WC 04/18/2012 20 � 11 p A EMPLQYRtWLIA91CtrY YIN wC001591354 04/18/2012 04J1$/2013 t e A IiiXECttrIYE N NIA wc02S869882 04/18/2012 04/1$/2013 El FAC}tACGIDENT $i;000,000 Mandrtaryin" EL DISEASE-SA EMPLOYEE $1,0000000. ry��,,d,emobs order pESt TpN OFOt ERNTIDNS below E,L DISEABE4-0UQ UMrr $1,000,00 3 DE8CRVnON OF OPERA,OW 1 LOCA70DNS/VENICtEB.(NWteh ACORD 19%.AdMenid Remwkw"4ub N nwv apwuts r*qutnrn €. Certificate Holder is included as Additional Insured as required by written contract, but limited to the operations of the insured under said contract, per the applicable endorsement with respect to the Auto Liability and General Liability policies. CERTIFICATE HOLDER CANCELLATION sHww ANY of THE Asove ossa ew POLICIES sE_CANCELizo BEORQ -rn , EXPIRATION DATE THERP.Of,Nona rw.am DELIIIEREd IN ACCORDANCE WITH THE t POLICY PROVISIONS. City of Beaumont AUTHORREDkEPRESENTATWE P.O. Box 3927 Beaumont T+i( 77704 USA 07988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD p i E f Attachment to ACORD Certifcate,far Enterprise Liquids,Pipeline, LLC The terms,conditions and provisions noted belm are hereby attached to the captioned certificate as additional description of the coverage of b.rded by the insurer(s).This attachment does not contain all terms,conditions,coverages or exclusions contained in the policy. INSURER INSURED 3 Enterprise Liquids Pipeline, LLC INSURER 1100 Louisiana street 10th Floort Houston Tx 77002 Us* StIRI;R INSURER INSURER ADDITIONAL 1'{?LLi T S If a policy below doses not,include iina ti'infotmadon,refer to the carresppog tiag policy on the ACORD certificate forns for policy limits, MR ADDL suety POLICYNW118W POUCY$FF POUCYSMF1 LTR TYPE OFINSURA iCE. VaR WVD VOLTOOD"Ctt"ON- (SMM'wYM (&PvDti(YM. LTMITS. AUTti40 M :LIABILITY CA 4W70-21 04/18/2,012 04/18/2013,craabIried $1,000;00 Truckers Policy Single Limi t I f i i Certificate No: 5700472919 88 I JEFFERSON COUNTY, TEXAS DAVID CUNNINGHAM SURVEY A--15 ta 1•L•rN' /� �_ �tir..,1T°"�C- ,� / ,� `� .d `• "✓� � kit s k .. \ \ • `• l ZT TVs �.. i t' d+ a'µs t ( w- Q ( •p'.`''♦7l •1 0{ 1 � y • �• • s • (•�'r� f•!•a {•1" & e �.J� • �,1.1 ♦ �r t• ( �w X755 s t•�Cal`(• TMk 11�`,i�j•}213T oa a ���� ^�(•1`"t'�i(� � �'`^ 330 NJj T•� ,♦�,1i` l/ a � F�m '+n�'t. s°: •1a�•1^(�.y.' ck°^ 4 Vie. /'i �•j�• r ^�.• -c ti,f. '\ ii ♦tiiL Ty \�```_ 4r �•i�fnesi �', •• a��` 2., �r�..�a��� r� �. (' '.''/i' 'fij,/ g! r LOCATION PROJECT • J' � \ ,:�`J �' ! a`'3♦ 'EPEE °� ��l� '� t �. i NOTE; VICINITY MAP ALL WARD CS AM REfE :TO THE UIWEHSAt, GRAPHIC SCALE j 1OH US�1OT IGR P G �' BEAIAA ONTEiST TEAS (3od*i4-111) �:M&40%D Inc suevEr. asrM+aes sFtowrr 0 1500' 3000' 6000' T S. T 5 121ioe4—Ht) NO.1 DAIS 0Y.1 REY15 N ENTERPRISE LIQUIDS PIPELINE UC VICINITY MAP PROPOSED ATEX 20" ETHANE PIPELINE INSIDE THE CITY LIMITS OF BEAUMONT 0 JEFFERSON COUNTY, TEXAS DRAWN BY TPL SHEET: 1 CHKO.JAPPO. BY:MC SCALE: AS—SHOWN r s ° UPDATED BY^. DATE: 08/22/12 Morris P. Hebert Inc, SUB • R •F1lLD S • DATA BASE: 11074 JOB NO, 11074-00 P.O.8011 31"-9= *'"UK i01=M"XI • 87B-27Ml 3 10101 30U1MNmr WNW*VIE on•NOUSiON,TEXAS 77074'• 13 219-1470 MPH CAI) FILE: 11096PERMOOO1A0.DWG (f r JEFFERSON COUNTY, TEXAS DAVID CUNNINGHAM SURVEY A--15 ;. N=13,947,379,5 � E-3,531,816.+42 LAT.=N30"00'31.6e G= II # » c 1 1I' (NAD 83) N=13,942,257.75 E=3,53©,314.60 LAT.=N29`5941.61 LONG.=W94?03'5278" ( (�41 662.61 . N=13,941,525.7 X3.529,844.15 E�3,529,724,80. LAT.=N2W59'35. r IAT,=K29'59'34.61''" G,mW94'03'58.41"} LONG.=W94'03'59.83" gem alRWV Pq""M ON 12/22/2011. ' M ON-TW- MM 9MI NO 00 ME TO LOW ND warms tom. /a eEW 1> wx mm Prom, T3C. PLAN ,vi WASWA AND ATES IOU To 1 cue:m 111E i . THE v ► ►iOR (� e TiON Ex�i MAA11ETiC LOC`AAND EOUIf'1U1+1T; GRAPHIC SCALE e�o1> ru► - 1rt�.riUR�E1r M9RIMS 0 lFSfRT: 11rc. IS NOR R1 PAl19BeE FOR W. CA iL �� FOOT XS f1A1NO� P1PQJelES, Ui9JlCS OR AN7 Om WOW '6pOm,S1R11CiURES SYSTEM 9llIEIIEY. DISTANCES SHOWN g {iNgvoure vc)NOT Comm DUR1a011IE owK of Tit. 0 1000' 2000' 4000• wiEREY1 Od �D' No.I DATE ENTERPRISE LIQUIDS PIPELINE 11C o PLAN s PROPOSED ATEX 20" ETHANE PIPELINE INSIDE THE CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY: TPL SHEET: 2 i CWD./APPO. BY:MC SCALE: AS—SHOWN Z s awxwz x UPDATED BY DATE: 08/22/12 Morris P. Hebert Inc.. . DATA BASE: 11074 JOB NO. 11074-00 9.0. . 31 lOO sm 70,101 , 2731 3 10101 SOUWFS1'."tMWIY SURE 620•HXbMN,7EXAS 77074+&I-K219-1470 MPH W FILE: 11096PERM0002AO.DWG JEFFERSON COUNTY, TEXAS DAVID CUNNINGHAM SURVEY A-15 f }. ti 2r G . N �+--WSME CITY UMITS OUTSIDE CITY um" INSIDE CRY UMrrS - OUTSIDE aN LUM—+-� I 1 51 R NATURAL GROUND NATURAL ORDINVD E3 MTM PLAW g �77 12' 21112- 3' CAI o Y5 0 o© 3' MiN. 3't�J 5'MN1., 3'Y DRILL PROFILE w N.T.S. NO.I DATE W. BY:I RE ION ENTERPRISE LIQUIDS PIPELINE LLC o TYPICAL PLAN AND PROFILE PROPOSED ATEX 20" ETHANE PIPELINE INSIDE THE CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS t DRAWN BY: TPL SHEET: 3 CHKD.JAPPD. BY:MC SCALE AS-SHOWN Morris P. Hebert Inc,Morris BY: DATE-- 08/22/12 • . . DATA BASE: 11074 JOB NO. 11074-00 P.O. am 3105•=3 ommw MW• U7IJISYWA 703Q1 • d70 2731 10101 $wasESi' •om m• 7m 77074• 13)219-147o MPH CAD FILE 11096PERM0003AO,DWG 20-INCH ENTERPRISE LIQUIDS PIPELINE L.LC DESIGN DATA 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: ENTERPRISE LIQUIDS PIPELINE LLC 1.2 PIPELINE NAME: APPALACHIA TO TEXAS EXPRESS (ATEX) PIPELINE 1.3 PRODUCT: LIQUID ETHANE 1.4 PROPOSED CONSTRUCTION ACTIVTIES SCHEDULED FOR MAY 2013 2.0 PIPILINE DESIGN DATA 2.1 DESIGN CODES THE DEPARTMENT OF TRANSPORTATION ("DOT") STANDARD CFR 1 TITLE 49, PART 195, "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME B31.4 2.2 DESIGN PRESSURE: 1480 PSIG 2.3 HYDROSTATIC TEST PRESSURE: 1850 PSIG MIN, 2.4 DESIGN FACTOR- 0.50 FOR BORE/HDD LINE PIPE 2.5 DESIGN FACTOR: 0.72 FOR UNE PIPE 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT E 4.0 CONSTRUCTION METHOD j 4.1 PIPELINE WILL BE INSTALLED BY -OPEN-CUT/BORE/HIyD. 5.0 R@(�E AND f OR HOD LINE PIPE 5.1 OUTSIDE DIAMETER: 20" ' 5.2 WALL THICKNESS: 0.423" 5.3 PIPE SPECIFICATION: API 5L I 5.4 SPECIFIED MINIMUM YIELD ;STRENGTH: X70 (70,000 PSI) 55 MATERIAL: STEEL 5.6 PROCESS OF MANUFACTURE: ERW 5.7 EXTERIOR COATING: 14 TO 16 MILS FUSION BONDED EPDXY (FOE) & 40 MILS ABRASION RESISTANT 8 OVERLAY (ARO) € 6.0 JANE PIPE 5.1 OUTSIDE DIAMETER: 20" 5.2 WALL THICKNESS: 0.300" 5.3 PIPE SPECIFICATION; API 5L 5.4 SPECIFIED MINIMUM YIELD "STRENGTH: X70 (70,000 PSI) 5.5 MATERIAL: STEEL 5.6 PROCESS OF MANUFACTURE: ERW. 5.7 EXTERIOR COATING: 14 TO 16 MILS FUSION BONDED EPDXY (FOE) ENTERPRISE LIQUIDS PIPELINE LLC PIPELINE DESIGN DATA DRAWN BY: TPL SHEET' 4 ro • CHKD./APPD. BY:MC SCALE: N/A o" ° s UPDATED BY: DATE: 08/22/12 19 =Morris P. Hebert Inc. s g •F p DATA BASE: 11074 JOB NO. 11074-01 PA. 3108•183 CORPORATE O18VE•HM LOURW 70381 • 874-2731 3 :mot 4artllN4sT r •S1xRE BOO+FiOtlSFON,tE1RAS 77074 i 214-1470 MPH CAD FILE: 11096PERM0004AODWG C RICH WITH OPPORTUNITY T • A BEA, x UMON*. A , s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: October 9, 2012 REQUESTED ACTION: Council consider a resolution authorizing the granting of a Utility Crossing Agreement within City of Beaumont limits for use in the Water Department. BACKGROUND Enterprise Pipeline, LLC has requested permission to install a 20"(twenty inch)ethane pipeline which will cross one (1)twelve inch(12") sanitary sewer force main located East of West Port Arthur Road near FM 3514 within a portion of an existing 30' right-of-way belonging to the City of Beaumont. The pipeline is for the purpose of transporting oil, gas, water, carbon dioxide or their refined products, and will be constructed in accordance with City requirements. There is a one-time fee of$500.00 for the Utility Crossing Agreement and an annual fee of$2.25 per linear foot of pipeline. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to grant a Utility Crossing Agreement to Enterprise Pipeline, LLC., substantially in the form attached hereto as Exhibit "A,"to install a twenty inch (20") ethane pipeline which will cross one (1) twelve inch (12") sanitary sewer force main located East of West Port Arthur Road near FM 3514 within a portion of an existing 30' right-of-way belonging to the City of Beaumont for the purpose of transporting oil, gas, water, carbon dioxide or their refined products, said pipeline is to be constructed in compliance with City requirements. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of October, 2012. - Mayor Becky Ames - APPLIC.ATON FOR Y7TII.ITY CROSSING AGRBEMHNNT OUTSIDE THE CORPORATE LIMITS OF THE CITY OF BEAIONT THE STATE OF TEXAS § 3 COUNTY OF JEFFERSON § ' Enterprise Liquids Pipeline LLC Business Name: Business Phone' (:Z13)3.a 1— 63 9.0 Business Address: P. . i3ox 4324 Houston TX 77210-4324 The City, of Beaumont, hereinater called "City", for and in consideration of the f sum specified. herein $5 6 7.5 0 ($5:00 f ee + t$2 2 5 _x 3 0-fee hereby ,grants to arpr;ne T i alli ds Pipeline Tar rreinafler Called "Licensee'; the. license to lay,maintain, operate,replace, or remove a pipeline for the transportation of oil,, gas, water, or NGL — Ethane products,on.or across the following City easement and/or property sit sated outsidB the City of Besu=4'Jefferson County, 'Texas,but being within our Exfta-Territorial lu'sdlction (ETJ) and/or Certificate of Convenience and Necessity(CCN)and being more particularly described in Bxhibit"A!,attached hereto and made apart hereof for all purposes. Nearest Street Distance to Easemont` 'LL dh(Lutear Foot)of Crossing W PA Rd/FM3514 R APP�#r 240 of WPA Rd 1211 pyr Pm f 3n' ROW".) N Approx 875' of FM 3514 t l EXHIBIT "A" 3f 3� 3 3 3 CAST OF LICENSE: Licensee shall make payment to the City of Beaumont as follow: � o License Agreement fee $500.00 o Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 Fad shall be reset every teiz (10 years, thereafter, to a level to be determined by the City � Councilor their delegated representative, Ali fees,including,the first annual fee for linear foot usage shall be made to the Water Utilities Department and payable to the City of Bem=ont prior to construction. This license is granted by the City off 3eauxont subject to conditions. Failure to comply with the following may result in termination of agreement(see page 8). I i GENERAL C4I17ITIO o Licensee does not intend to sell product for resale fio m the covered pipeline to customers locates within the.City; however, tics recognizes. that should it sell product for resale from this ;ccivered pipeline to customers within.the City, it will be required to report suoh dirt bution and when law£ally requi to do so, pay a street mataS fee hascci on revenues. The annual fee and the.rogulations controlling the paym ut of such fee will be those as lawfully established by the ordinances of tl�e City. o All pipelines crossing City of Beaumont utility easements,-water or sanitary sewer easements shall be.bored from easement line to easement Brie. Within these limits, the .pipeline shall be protected by casing or other method approved by the City Water Utilities Department.. o The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property,` o The pipeline shall be installed a minimum of three(3) feet below ground and a min Mum of five. (5)feet below the lowest eIXisting or proposed ditch grades, waterlines, saditary sewer lines or storm drainage lines, unless otherwise authorized by the City. Such grades and lines shall be indicated on map submittal,as.well as depth of proposed pipeline(see page,3). 3 3 f(I 2 • I � t The construction and operation of the pipelines shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines,watexlinnes,or other utilities; Damage to enlisting ditch grade during construction or maintenance of the pipeline shall be oorrected.and the ditch grade shall lie restored to the condition and grade at Which it existed prior to const ruddon or maintenance. Bore pits shall be hackfitled according to City standards. o 'Excavations neck for the construction; repair$ -or inaittenance of the pipeline shall be pfd in such a manner that will cause minimal inconvenience to tiro public. Licensee shall_promptly restore the;area to as good a condition as before worlrng treon afd to the. reasonable satisfaction of the City's Water Utilities Department. o Operations along dents shall be performed in such.a.ranner that all property where operations are perforxrmed will be 'restored•I to original condition or:het : No ul?mer►t or insk— tiou prod will be used which will damage 60 s4r€zcture$ The cost of arty rem tO structures, � sanitary sewer lines,wafer line s-or other easement featntes as a result of this installation will be boils;by the owner of this line. o Any construction which takes place in, on, tn4e4 above, or across property not owned by IU City sball require addidona9 p�slon by the owners) of the property involvecL Written proof of said pen 'ss'on is to be provided to the City, Matt of the application prpoesso Approval of this. Iicense agreement MCludes permission to do any coned tctrozr on property which is not owned by the,City of Beaumont o Any licenses, permits or agreements required by another .gov ntrtental entity (County, State or Federal) to adjoining,property shall be obtained and a copy of such document shall be provided to the City. Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property.. 0 A map showing the location of the proposed pipeline shall be provided. o The pipeline shall be maintained and operated in such a ner as not to leak and/or cause damage to the City property. Once the .pipeline is in operation,any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately tv the City Fire Department and 'Water Utilities Department. Licrosee shall fully 3 • 7 ' I i cooperate'with the Fire Department and provide, or assist with providing, any snd all necessary notifications, evacuations or other necessary actions, Leaks or other defects are to be repaired immediately by Licensee at it's own cost; o The Licensee shall be responsible for the cleanup and re-mediation of contaminated areas due to eostu`e or release of product and any and all costs associated with said cleanup and remediation. _ o The Licensee shall be respwsible for any and all costs associated with the relocation of the pipeline.- As provided, the necessity for relocation of the: pipeline shall be solely within the discretion of City. o Installation will be done in accordalrce with all City standards and statutes j of the State of Texas. REQJOED COVE ACIE.. o Lic mee shall furnish tie,City with a Certificate of Standard Liability Insurance, indluding.bodily'Wu rm and property damage,naming;the CAY Of Beaumont as an A.dditionaal'Insured. Such policy sha11 provide for the following minhhum coverage: o Bodily injuries: $ 300,000.00 per person . $1,000;000.00 per incident o Property Damage: $1,000,000.00 Such insurance shall be maintained in force and-effect during the construction or required maintenance of the pipeline and during the life of the pipeline, Such certificate,shall contain a provision that at least.fnkm (15) days written notice must be given to the City prior, to cancellation, alteration,or modificAdop of such insurance. , o Licensee shall,have in fierce with the City a surety bond in the principal amount of 1,0o%000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by,. or arising from., or growing out of any violatin of the terms of this agreement. The bond shall provide that it may not be cancelled,altered, or otherwise modified without giving fifteen(15) days prior written notice to the City. The bond shall be good and in effect'for a period of one(1) year from the date of completion of construction of the pipeline. o Licensee shall indemnify, save and hold harmless the City of Beaumont 4 from any and all claims for injuries and damages to persons or property occWoned by or arising out of the construction,maintenance, operation, repair or removal of the pipeline.: This indemnity expressly extends to claim, alleging negligence by the City of Beaumont,it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. 1 If the pipeline or any part Hereof installed,by Licensee shall be in any respect damaged or injured by Carty or any of its agents or employees in connection with the performance of any work or repairs that may be done I upon the property mentioned'herein; Licensee shalt not be entitled to piroseoute or maintain a claim against the City of Beaumont ' &r eny such damage or injuries so sustained by it however, said conditions shall ~not prevent Licensee fram recovering against any contractor who shall damage Licensee's property in the course of such cobIrWW's perfor iance of any contract with the City. OTHER CQ3' ='i'jQjEMAINTENAI BI VII ENP'RORERTY: o City will use its best efforts to_notify Licensee of any proposed construction and/or rnaintenanc.e, to be done by .City;forces or by contract.for,the.City, within the property involved with this license.. Notification, to Licensee, of other construction and/or makftmnce permitted by the City and with the property involved with this Ss will be,the,responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) J hours after receipt of such notification of proposed construction. 1 Licensee shall maintain.a local,or toll free, telephone number to be called for notification of cons#ructiaon or maintenance and for location of lines. Such number, or charges to such nuxanber,will be provided to the City ('W'ater Utilities Department) anal kept current at all tunes. This number shall be provided to entities permitted to construct maintain or excavate within this City property and which are required to provide notification of such work. When information has been relayed to Licensee,.through the phone number provided, such contact: shall constitute notifioatio for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. a City reserves the right to lay,and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground 5 work that may be deemed to be necessary or proper by City in, across, along, or. under the property. in doing or permitting any such work,. the Y City of Beaumont shall not be liable to Licensee for any darn occasioned; it being understood that nothing herein shall be .construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facl'lities, o Whmver by reason of the change in the grade of the property occupied by Licensees' pipeline, or by reason of the location or manner of constructing drainage; strueWoo, water pipes, gas pipes, sewers, or other undergmund' constran for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline Of Lim thereto, such change shall be made pmmpdy by Licenses at its cost and,without claim,for reimbursement or damages against City. If the change is damanded by the City for the'benefit of any other person or private corporation, except the City, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out :of such change; Licensee will, upon notice from the City,, make such change immediately and at its own cost; it being understood that City,will not participate in any part of-the cost of any change involving relocation, altering, encasing,baring,or changing iii any mam er of&e pipeline where;same,is within City property. NOTIFICATIQNI NSP TIOOM, 4 p Any and all work to be performed on City property shall be observed and inectet by a!city representative. Any work to be performed with3st the City limits will be subject to periodic,inspection to ensure compliance with constructidn.standards. o Licenses shall liroyide the C`sty latex Utilities Department)fo eight(48) hours prior to the instollatiou of the Liunes permitted by this license. A representative will be scheduled to be present. The expense of such 1 inspection services may billed to the Licensee and such amounts will be reimbursed to the City. Licensee shall notify the Water Utilities Department at least forty=-Oiglit(48) hours prior to completion of work and removal of equipment from the job site to permit the City to mare an inspection. F 6 3 3 }E 74 i SPECIAL CONDITIONS: j N'onassignable This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is$ ett to tzm ination by the City if any condition specified.lWe is not met.. This agreement may aiso be terminated by the Licensee. Either party att= g to s terminate this agreement shall give written notice to the other specifying the date of and the reason fob terminati m. Such.notice shall be given not less than thirty(30)days°ptior to the termination,date therein specified. Any writtenzotice>may be effete either by personal delivery or by re g t red or ce Oed mail,postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City ofBeaumoht Name ofl ic�nsee:Enterpri se, L 4UIAM. I Pipeline T. LC P.O.Box 3,827 ATTN: Kyle Webster Beai mont,Texas 77704 Address of Licensee: P n Box: 4:3,24 Attu;City Manager City and State of Licensee:Houston, TX 7729 t1-4324 Upon cancellation,the pipelhne-fall be removed and property restored to',a,condition. acceptable.to the Water Cat titres Director. In the event of oancellatioi4 any and all`monies collected fax fees assoeiated with this agreement will remain the property of the City. There will be no reimbursements. i 4 7 1 f t Commenretnent of work on the 1�1��t ne b Licensee after the date of this fully executed Y license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN I VJITI,ES& 'V IE MF, 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 d4y:of, .A.T .20 CITY OF BEAUMONT, TEXAS By::_ Kyle Hayes,City Manager ATTEST. City Clerk i APPLICANT'S COMPANY NAME: (Licensee) Title A ' IrIAI By I ACORO 08117W12 CERTIFICATE OF LIABILITY INSURANCE �TEIMMID THIS CERTWJM.k'E IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CEERTIFiCATE HOLDER.THIS 1. CERTIFICATE bdES NOT:AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAOt AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES..NOT CCINSTIT(iTE A CONTRACT BETWEEN THE it SUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRCIDUCER,AND THE CERTIFICATE HOLDER,: 1MPORTANT.:YU—%;c0tIf1Qi holder!s an AP071ONAL INBURED.1he po icit(ies)must be,andorsedi.11SUBROGAIM 13 WAIVED,tub f ect to m the tenets and condied"s ofthe pollcy,.eertain policies may Tequlre an endorksment.A statement on this certMiste doe's shot confer rights to the certiticate holder In lieu of such endorsement(s); PRODUCER. AC, - 'O Aon Risk Services Southwest, Inc. No z 0• A/C(866) 383-7123 �7 953.5390 Houston TX Office SS55 san Felipe Sd: Suite 1500 Z HoUStOTt TX T7056:USA INSURER(S)AFFOIMI"COVERAGE NAIL#- INSURED E1�prise LigUidsee?tpelin Flom �� InsuranceuctnfgOy of Co at Pittsburgh 19425 LLC INSURER the State of PA. 19929 Houston TX "00Z: USA OSUFXRC: iMeURERD: { W&URERE: . pR F: COVERM5,$ CEIMFICAT.L NUMW*$7Q"M19l36 11 111SNti?)i l+i1iNN1i ER: THIfJr"18 T}fAl THE POLICIES OF E' l$TED- HAVE BEEN ISSUED TO T"G! OR THE POLIO'PERiOD INDiCAt T !I�'r REQUiREMENT TERM 10R Cif'A Y CONTRACT OR CTF�. WITH RESPECT TOW THIS CERIICTEhI i1T1A {85UEDt MAY PERT�41 TFt�E ql ,O� REQ t3a`THE.POUCS.13ESttltlEbS SU9lECT TO ALL THE TERMS.. EXCLUStOt4S fIC1` 71(TIOtJS DF SUCH PbLkC $..LIMCfS f{FI4KX HAt/E BFi REDUCED 13Y"PJUO"CL/Wt24; LlrriBe sKoum as fWasted IF L " T P$9tT'11e9RANCEi paLtsYa)t1Y19ex: LMS.. l cs�IERALilII6113TY M: EACN.bOCIIRkEN6@ 51.0001000 x COMMERCIALOENERALimiLrry $1,000,000 OAMS•MAOE OCCUR NEDtW0,gaW*V*anr4 Excluded PERSONAL#ADVINJUNY $111040.000 1 . GENEftASGREIAXTE, ;2,60,00p GEHL Ar3idFiliGA91 111elTAPPL♦ES PEFk PRODUCTS w COWrOP A86. $ 00MOD X PV"C1 PIS LOC ; A7 AUTOMAOSILH UA91l3TY' cA - E LaaT 51 OOQ,00o X ANY'AUTO SWI:XiNAwiPaPpe wo 2 A EI)VNEE) SC!OWED eODLY1NAJKYii'�*�H E FMBiflDAUT05 NON.aVYMMEO PROPERTY E! AUTOS IfVSM4"LIAa OCCUR EACHOOCURRENCE excess LIAR' CLAMP-MADE RSTE:NION B >A0RNeR000W ATX?N ANO 04 1 A e ` X 94 04 18A#0 ArW a t $1:000,00 HA/A WCO254987 04/18/2012 04/18% " L ftftfMyYrssnrrd�tayir,N10 £L OMSEASE.EA EMPLOYEE $1,000,00 SC 0. R N�cTX1NSbelow .E2.D0EA9E4,OLWLUT 1,•. 0, 0__ DESCRp,rjom of TM$,'I LOOAfIDNS I VSNCLEB tAtuoM A�6alUI"iQ1r 7WdN rM1:N Rclwleli,N non space Is rsq*04 ++'. certificate Holder is included as Additional Insured ate, required by written contract, but lipited to the operations of the Insured under Said contract, per the applicable endorstsintt with respect to the Auto Liab llty and General Liability polities. i CERTIFICATE HOLDER CANCELLATION ahld",ANY OF THE ABOVE 04SW49ED POLICKe 89.CANCELLED BEFORE"THE: M. EXFMRMON DATE THEREOF,"TIOM WILT.US DELIVERED IN ACCORDANCE WITH THE POLICY pROV1S10NS. f€ City of"seaursont P.O. aasL 3827 AUTHOFtlSED RePRESENTAiIVE Beauaont TX 77704 usA ct j stRtce M9 .Ie. JL r. @11880-2010 ACORD CORPORATION,All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD i i Attachment to ACO" Certificate for Enterprise Liquids Pipeline, LAC The terns,conditions and provisions noted below are hereby,attached to the captioned certificate as additional,description of the coverage afforded by the:insuren(s),This attachment does not contain all terms,conditions,coverages or exclusions contained in the policy. INSURER WSURED. Enterprise Liquids Pipeline, LLC INSURER 1100 Louisiana street 10th Floor Houston TX 77002 USA INSURER INSURER INSURER If a oliq below does not.include limit information,refer to the corresponding policy an the ACORI) ADMI.ONAL POLICIES eeat'AC fnrnn for policy limits. TY$ 1SA3CE ADt1s POLi4`Y�ffJdfBER/ PpLiGYBt+R'.. ` LWITS TA tt *N AUTOMOBILE LIABILITY I A JCA 480-70-21 Q4/19/2012 . 2tl13'coabtned $1,01)0,000 ITruckers Policy single LifiH f i 1 1 I E Certiticate No: 570047201988 i i i JEFFERSON COUNTY, TEXAS DAVID CUNNINGHAjM SURVEY A-15 i NT " 1 .,r' \ 1 titter`c e �y � yJfT,�,'F L ��Ta, ��•=1tf1 L ��/• ` w,} � , �:"ter • �_ 2T i''^•-.....�< rye, •) ) •:•(•) ���1�1/�c/.(i •��) I � t!r�� \/tt/ p • t( _(�).� .AN�•,�1 ��Alt1L}i �� �,��• '�l�il CJ'r• T�"f �•°� �o�, t� +(�,.(•�i0:) 11)'� r �`��_•t ,l� r i i Non-*,, , /q`f. • lit •} f3 / f r • /•t •. • E (�+rte fi��. `.�l•} f ;+i�)r • a•) '(' ' np� I E I _ .. \J�✓ , ./1� f3s: ''(�) (•),«(ri1 ( T' dad 1 � h cent ° 1D i « ' rti '' `• < �• ` yp3 z � f \(it y, y)^(��ti% �1 Ga Sto wi ,. � Y4 �Y PROJECT~ �- � , � ..- ___� ,/ k..���-k ♦ice; i �' - ................ '� ' • •i i �\ .:rra — --- — - t y am--'#—"� !� �H •�, i '».- _ = '-, f t/ f _ � NorE: VICINITY MAP ALLLBEAFSM AN0 cooRD"go REFER To THE z GRAPHIC SCALE QUAD Wes. to usUP BE�1n1oNT E71ST,TEtUU►S(30094 =40%o AIc stmver tt�r s sr�0ww 0 1500' 3000' 6000, =XRT s, T84 (2W('O rt) No: UVE M, ml ROMA" ENTERPRISE LIQUIDS PIPELINE LLC VICINITY MAP MN PROPOSED ATEX 20" ETHANE PIPELINE { OUTSIDE THE ! CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS j DRAWN BY: TPL SHEET: 1 M CHKD./MPD. BY- SCALE. AS—SHOWN ft rff"'•` " w UPDATED SY: DATE: 08/22/12 Dorris P. Hebert Inc. S . . DATA BASE: 11074 JOB NO. 11074-00 P.O.BOX 3104•21113 Cq WWAE ONE• UDUISWII 70311 • Q79-2731 10101 SIZIRMEN FREEWAY•SUITE 420+�,TEXAS 77074•F;g 219-.1470 MPH CAD FILE: 11096PERQ001AO.DWG JEFFERSON COUNTY, TEXAS DAVID CUNNINGHAM SURVEY A--15 ) ? ,P N=13,947,379,58 E=3,531.816.42 LAT.=N30'00'31.64" ONG.= 4 * 'J (NAD 83 7) N=13,942,257. E @3,530,314.60 N LAT.w�N29'59`41,61" L0NG.=W94'O3'52s78" m (NAD 83) N=13,941,662.81 N-13,941,525.79 E=3,529,844.15 E=3,529,724,80 4:AT.-N29'59'35.92" r LAT.=!129'59'34,61" ONG.=.4 03'58.41 �` SURVEY PERfO>RAIEU 11. LONG:='W 9"4r 0+:3'S�9.83" O 12/ 2/2 AN ON-THE-WAW EF M HAS 80 MADE TO LOCALE AND DWAE NOTE: /a mm fam PETAL a11LE4.P)PEL mx wom ER: PLAN ML SW OM AM c00RaNOM REFER TO COMM IN 1NE PAOP09liY1 now.N9ME1iER©m TO lK MEW THE UN L MOMS OF � SIC LOCAriNO GRAPHIC SCALE Tf 2Y ra-�+a�rN�u mom P. am pit 1S NOT R7R PIIMEYm. 11m= OR ANY O J 9ROiAD STRIR.Mil1fFS SYSIEM (�� SURM. O�rAFM SHOWN f (91CLlD91Q.NO NOT Lom m aufm I COM OF IM SUM. 0 1000' 2000' 4000' „°� o� �' I N0. GATE W. 81: ENTERPRISE 1AUIDS PIPELINE 11C PLAN i PROPOSED ATEX 20" ETHANE PIPELINE OUTSIDE THE CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY: TPA SHEET: 2 AMR- ��r..�,r• • CHKD./APPD. W.MC SCALE: AS—SHOWN ° am m UPDATED BY: DATE: 08/22/12 Morris P. Hebert Inc. 3 • DATA BASE: 11074 JOB NO. 11074-00 /. PO 3106:•:2t3 OIWE* 101ASMY91 70361 '' 879-2731 � 10101 11 SUIM 920 MUM=77074• 289-1470 MPH CAD RLE: 11096PERO002AO.DWG JEFFERSON COUNTY, TEXAS DAVID CUNNINGHAM SURVEY A--15 '' y� e-. fv' a m' �a A ► g +—INSIDE CITY L*m-- -MMOE CRY LIMITS •I INSIDE CITY UMTS - wmoE CITY 11MITS-,►1 NATTJ&cROUNO MAT1XtAi.G1tOUND f70sm PLW 3' M 2W` . o 00 O 3' MtN . 4 5 1N. 5'MOV ORRL PROFILE N.T'.S. N0: BYt �VlSfarl ENTERPRISE LIQUIDS PIPELINE LLG TYPICAL PLAN AND PROFILE PROPOSED ATEX 20" ETHANE PIPELINE OUTSIDE THE CITY LIMITS OF BEAUMONT i JEFFERSON COUNTY, TEXAS DRAWN BY: TPL SHEET. 3 = .:i.w r CHKO./APPD. BY: MC SCALE: AS—SHOWN ow �,. UPDATED BY: DATE: 08/22/12 Morris P. Hebert Inc. ' A�Bf4a�S•F .�q DATA BASE: 11074 JOB NO. 11074-Q0 04=3 COMO=aw:9 lAU1S141A 70167 979-2731 10101 3501AH*W FFA MMIY•SIm 620•HOOSTON,TEXAS 77074• 3)219-1470 MPH CAD FILE: 11096PER0003AO.DWG I 20-INCH ENTERPRISE LIQUIDS PIPELINE LLC DESIGN DATA 1.0 ¢ENEReL INFORMATION 1.1 APPLICANT/OWNER: ENTERPRISE LIQUIDS PIPELINE LLC 1.2 PIPELINE NAME: APPALACHIA TO TEXAS EXPRESS (ATEX) PIPELINE 1.3 PRODUCT: LIQUID ETHANE 1.4 PROPOSED CONSTRUCTION ACTIVTIES SCHEDULED FOR MAY 2013 2.0 PIPELINE DESIGN DATA i i 2.1 DESIGN CODES-THE DEPARTMENT OF TRANSPORTATION ("DOT") STANDARD CFR TITLE 49, PART 195, "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME B31.4 2.2 DESIGN PRESSURE: 1480 PSIG F 2.3 HYDROSTATIC TEST PRESSURE: 1850 PSIG MIN.. i 2.4 DESIGN FACTOR: 0.50 FOR BORE/HDD LINE PIPE 2.5 DESIGN FACTOR: 0.72 FOR LINE PIPE i 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 S'.ONSTItUCTIO 1 METHOD 4.1 PIPELINE WILL BE INSTALLED BY OPEN-CUT/BORE/HDD. N 5.0 BORE AND.&R HDD LINE PIPE 0 5.1 OUTSIDE DIAMETER 20" 5.2 WALL THICKNESS: 0.423" 5.3 PIPE SPECIFICATION: API 5L a 5,4 SPECIFIED MINIMUM YIELD STRENGTH: X70 (70,000 PSI) a 5.5 MATERIAL; STEEL 9 5.6 PROCESS OF MANUFACTURE: ERW 5.7 EXTERIOR COATING: 14 TO 16 MILS FUSION BONDED EPDXY (FOE) & 40 MILS ABRASION RESISTANT OVERLAY (ARO) 6.0 J LINE PIPE 5.1 OUTSIDE DIAMETER: 20" 5.2 WALL THICKNESS: 0.300" 5.3 PIPE SPECIFICATION: API '5L 5.4 SPECIFIED MINIMUM YIELD STRENGTH: X70 (70,000 PSI) 5.5 MATERIAL: STEEL 5.6 PROCESS OF MANUFACTURE: ERW 5.7 EXTERIOR COATING: 14 TO 16 MILS FUSION BONDED EPDXY (FBE) m N0.I DATE W 8Y.1 ROOM - ENTERPRISE LIQUIDS PIPELINE LLC PIPELINE DESIGN DATA DRAWN BY: TPL SHEET: 4 CHID./APPD. BY.MG SCALE: N/A m r r rrr r UPDATED BY: DATE: 08/22/12 'Morris P Hebert Inc. . DATA BASE: 11074 JOB NO. 11074-01 P.O.BOX 3100.►293*MOM DRK�HM WA,LOUI�ANiI 70341 • Q7o-2731 WWI sWINIsr Maur•WIM 400•Trust WAS 77074• 1 21q-t47o MPH CJ10 FILE: 11096PERM0004AO.DWG !I I RICE WIT■ OPPORTUNITY BEAUMON* T * Z * X * A * 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 9,2012 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda item 1/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider an ordinance amending the Code of Ordinances related to Mobile Food Units 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. 1 October 9,2012 Consider an ordinance amending the Code of Ordinances related to Mobile Food Units RICH WITH OPPORTUNITY BEAUMON* T - Z - z • A • B City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Jim Thompson, Director of Management Operations MEETING DATE: October 9, 2012 REQUESTED ACTION: Consider amendments to the Code of Ordinances related to Mobile Food Units. BACKGROUND At the Work Session held October 2,proposed amendments to the Code of Ordinances related to mobile food units were reviewed and discussed with the City Council. These amendments will allow a mobile food unit operated by a City-permittee under the supervision of a certified food manager to forgo the additional food sales permit,require that wastewater tanks be emptied every 48 hours, and remove the requirement related to the proximity to a commercial restroom. The proposed amendments will allow locally permitted food establishments to offer the public a wider variety of food service options. RECOMMENDATION Approval. ARTICLE 10.02 FOOD AND FOOD ESTABLISHMENTS Section 229.169,Mobile food establishments, subsection(a)(1), is hereby amended by adding subparagraphs (A)through(G)to read as follows: (a) Mobile food establishment provisions. (1) General. Mobile food establishments shall comply with the requirements of these rules except as otherwise provided in this paragraph and in paragraph(2) of this subsection. The regulatory authority may impose additional requirements to protect against health hazards related to the conduct of the food establishment as a mobile operation,may prohibit the sale of some or all potentially hazardous food, and when no health hazard will result,may waive or modify requirements of this rule relating to physical facilities, except those requirements as specified in paragraphs(5) and(6) of this subsection; subsection(b)(1)of this section; subsection(c)(1)(A)—{E) of this section and section 229.164(k)—{n)of this title (relating to food). (A) Mobile food units are required to purchase a yearly mobile food permit in order to assure that all compliance requirements are met. (B) Mobile food units are additionally required to purchase a"food sale permit" for each use. "Food sale permits" are good for a seventy-two (72) hour period and are limited to two (2)times per month. A second"food sale permit''cannot be issued within five (5)days from the start date of the first signed permit. This permit is not required of a permitted or licensed central preparation facility or permittee or licensee located within the City limits operating a mobile food unit under the general supervision of a certified food manager. (C) Mobile food units are required to be easily identified to every passerby by having the name of the business prominently painted on at least two sides of the unit, in letters no smaller than 12" in height. (D) Mobile food units may not occupy the same location for more than the 72-hour maximum duration of the"food sale permit." (E) Vehicle registration must be provided with application. (F) Federal tax ID certificate must be provided with application. (G) Mobile food unit food choices are requied-tube limited to those that can be served or prepared in compliance with of the Texas Food Establishment Rules adopted by the City_ . Also, all food to be prepared must be on the unit at the time of inspection accompanied by the receipts. Section 229.169, Mobile food establishments, subsection(b), is hereby amended by adding paragraphsubpaFagraph(3)to read as follows: (b) Central preparation facility. (3) An affidavit from the owner of the central preparation facility must be provided with the application. Section 229.169, Mobile food establishments, subsection(c)(1), is hereby amended by adding subparagraphs (F)through(K)to read as follows: (c) Servicing area and operations. (1) Protection. (F) Mobile food units may erect a tent, or attach a tent-like awning to the side of their unit,but are not allowed to utilize any adjacent building as a dining or working area. (G) Mobile food units are barred from the preparation of any food that requires extensive rinsing, such as crawfish,because their wastewater tank is limited in size. (H) Mobile food unit operators are required to dump their wastewater within a 48 hour period or as necessary.24 houfs of the expifation of the 72 �� •� "feed sale p°fmi*." If at any time the wastewater tank becomes full,the operation shall be closed to allow for the transport and dumping of the wastewater at the central preparation facility or commissary. (I) Mobile food units must be located on a paved surface. and be%ifilift 200 (J) (K) An affidavit showing proof of consent to locate on premises where the unit will operate must be provided. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 10.02, SECTION 10.02.001(b), SUBSECTIONS 229.169(a)(1)(B) AND 229.169(a)(1)(G), ADDING SUBSECTION 229.169(b)(3), AMENDING SUBSECTIONS 229.169(c)(1)(H), AND 229.169(c)(1)(1), REPEALING AND RENUMBERING SUBSECTION 229.169(c)(1)(J) AND REPEALING THE EXISTING SUBSECTION 229.169(c)(1)(K) OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO MAKE CHANGES AND ADDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 10, Article 10.02, Section 10.02.001(b) of the Code of Ordinances be and the same is hereby amended by amending Subsection 229.169(a)(1)(B)to read as follows: (B) Mobile food units are additionally required to purchase a "food sale permit" for each use. "Food sale permits" are good for a seventy-two (72) hour period and are limited to two (2) times per month. A second "food sale permit" cannot be issued within five (5) days from the start date of the first signed permit. This permit is not required of a permitted or licensed central preparation facility or permittee or licensee located within the City limits operating a mobile food unit under the general supervision of a certified food manager. Section 2. THAT Chapter 10, Article 10.02, Section 10.02.001(b) of the Code of Ordinances be and the same is hereby amended by amending Subsection 229.169(a)(1)(G) to read as follows: (G) Mobile food unit food choices are limited to those that can be served or prepared in compliance with the Texas Food Establishment Rules adopted by the City. Also, all food to be prepared must be on the unit at the time of inspection accompanied by the receipts. Section 3. THAT Chapter 10, Article 10.02, Section 10.02.001(b) of the Code of Ordinances be and the same is hereby amended by adding Subsection 229.169(b)(3) to read as follows: (b) Central preparation facility. (3) An affidavit from the owner of the central preparation facility must be provided with the application. Section 4. THAT Chapter 10, Article 10.02, Section 10.02.001(b) of the Code of Ordinances be and the same is hereby amended by amending Subsection 229.169(c)(1)(H)to read as follows: (H) Mobile food unit operators are required to dump their wastewater within a 48 hour period or as necessary. If at any time the wastewater tank becomes full, the operation shall be closed to allow for the transport and dumping of the wastewater at the central preparation facility or commissary. Section 5. THAT Chapter 10, Article 10.02, Section 10.02.001(b) of the Code of Ordinances be and the same is hereby amended by amending Subsection 229.169(c)(1)(1)to read as follows: (1) Mobile food units must be located on a paved surface. Section 6. THAT Chapter 10, Article 10.02, Section 10.02.001(b) of the Code of Ordinances be and the same is hereby amended by repealing and renumbering Subsection 229.169(c)(1)(J) to read as follows: (J) An affidavit showing proof of consent to locate on premises where the unit will operate must be provided. Section 7. THAT Chapter 10, Article 10.02, Section 10.02.001(b) of the Code of Ordinances be and the same is hereby amended by repealing the existing Subsection 229.169(c)(1)(K). Section 8. That if any section, subsection, sentence, clause of 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 9. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 10. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of October, 2012. - Mayor Becky Ames -