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HomeMy WebLinkAboutPACKET MAY 21 2013 BEA,IIMON* T • E 0 X�• A • 3 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 21, 2013 1:30 P.M. CONSENT AGENDA * Approval of minutes—May 14, 2013 Confirmation of committee appointments A) Approve a resolution transferring a solid waste franchise from IESI TX Corporation to Progressive Waste Solutions of TX, Inc. B) Approve a resolution authorizing the granting of a Utility Crossing Agreement C) Approve a resolution authorizing the granting of a Pipeline License Agreement A 111'EA,[11�ICI mrwi 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: May 21, 2013 REQUESTED ACTION: Council consider a resolution transferring a solid waste franchise from IESI TX Corporation to Progressive Waste Solutions of TX, Inc. BACKGROUND In 2002, Council granted a solid waste franchise to IESI TX Corporation through Ordinance 02- 089. Ou June 20, 2012 IESI TX Corporation officially changed its name to Progressive Waste Solutions of TX, Inc. Since the name change, the company now carries insurance in the name of Progressive Waste Solutions of TX, Inc. All other aspects of the business, including the company's tax.identification number remained the same. All provisions of Ordinance 02-089 will remain applicable to Progressive Waste Solutions of TX, Inc., after the transfer. Progressive has sent the City a very brief correspondence requesting that the franchise be transferred from IESI TX Corporation to Progressive Waste Solutions of TX, Inc. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ' VJ/ vV/ iVA,✓ c _1J A➢l a'[a1a Lv1u JA.VVV lav�AW✓✓AIL ,1t1✓1L [lY• 1l! Yy vv V1 VVVL 111,0 Progressive Waste Solutions of iX,Inc. Progressive Wa�tP Solirtsanc Date r Re: IESI TX Corporation's name and brand change to Progressive Waste So/unions of TX Inc Dear: This letter is being sent to make you aware of IESI TX Corporation's recent name change to Progressive Waste Solutions of TX, Inc. On June 20, 2012, IESI TX Corporation changed its name to Progressive Waste Solutions of TX, Inc. Since this was just a name change, there is no change to any other information,including but not limited to,the company's Tax ID number. Therefore, Progressive Waste Solutions of TX, Inc. will be the name of the entity contracting. with going forward. Should you have any questions or concerns regarding this,please feel free to contact me. Sincerely, Donna Higgins Director of Public Relations and Communications-U.S.Group Progressive Waste Solutions (Formerly IESI-6FC Ltd.) 2301 Eagle Parkway,5uite 200 Fort Worth,Texas 76177 817-632-4000 www.D rop,c=ivgwa 9e=rn NYSE,TSX:BIN Pmgrj� 5 cwldh VD/Va/L111J b=ilk "Ll rna LOIJJIVVV Ow Pmgressive "Remit to" Address- Payments ONLY Progressive Waste of TX South Texas District PO Box 660043 Dallas,TX 75266-0043 Mailing Address for all Correspondence Progressive Waste of TX South Texas District PO Box 1508 Alvin, TX 77512-1508 Physical Address (for Fed Ex. UPS) Progressive Waste of TX IESI Building 827 W_ Hwy 6 Alvin,TX 77511 CI Iant#:.18927 IESI ACORD,M CERTIFICATE OF UARILITY INSURANCE DATE{NMM ;YrM 12(2812012 THIS CERTIFICATE=IS ISSUED AS A MATTER OF INFORMA`FiON,ONLY AND CONFERS.NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELYAMEND;,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A°C.ONTRACT 13FTVVEEN THE ISSUING:INSURERIS),AUTHORIZED REPRESENTATIVE OI2 PRODUCER,AND THE CERTIFICATE,HOLDER, IMPORTANT;if the certificate holder is an ADDITIONAL INSURED,the poiig(ies)must be andorsed.If SUBROGATION ISTWAIVED,subject to the terms and conditions of the-policy,certain poflcies,may require;an,.eddorseme'nt,A statement on this certrfica`ta does not confer rights to the certificate holder in lieu of such endorsament(s). PRDOUCFR AMEICT Niargie Blackmon HUB Intemational Ins Svcs Inc 505-828 4000 P O Box 90756 �"o•E'ul: AJC NOr 866-487.3972 E•MALIL Albuquerque, NM 87199-0756 ADO • margle.'blackmoii@ hubinWWp4tioinal.com 800^800-5661 1 CA LIC#0757776 WSII 5 AFFLRDINO COVERAGE NAIC>1 INSURERA.:Greenwich Insurance Company 22322 INSURED IASURrRe!.CatIin Epeoialty'Insurance Comp 15989 Progressive Waste SDlutians of TX,Inc, INSUREKC!Liberty Insurance.Undo rwriters 19917 Sta 200 Eagle Pkwy sNFURERD.GreatAin6.ricapAs$urRnm Coinpan 26344 ta INSURER.E:.Ar.CII insurance,'Qdmpany 111150 Fort Werth,TX 76177 .—. INSURER F; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS 70 CERTIFY THAT THE.POLICIES OF INSURANCE LISTED.BELOW'HAVE:BEEN ISSUED TO THE_ INSURED.NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSThNDING ANY REQUIREMI:hT(,TERM OR.CQNOITION OF AIJY CONTRAC�T'OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS C! R nFICATS MAY BE ISSUED OR PnAY PERTAIN, THE INSURANdE AFFOr4eEa BY THE POLICIES DESCRIBED,HEREIN 1S.SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIM'rrS.SH01M I I!mAY 4yn BEEN REDUCED BY PAID CLAIMS;. ADD 5116R QTR TYPE OF IN5llRANCE I PQI Icy Numseii POLICY EFF PD1jC --. 4MhV� MrrU06� LfdrrS A CEeNERALLIABILTTY GEG0025,11606 1213112012121311201 EACH-OCCURRENCE $1.000000 X CDM1AERC,AL GENER4L LIAOILIT,* I �ES - oca rt�ice $100.Q00 _ (C44iM5-U,FOE X OCCUR MED EXP .n yona elsan $5,000 X GontractualLiab.iliry i PERSONAL&AOVINJUR` S1 .000000 GFNEI I AGGREGATE $2,QDQ,DQQ OEIv'L AsGREGP.TE LIMI`AI?or 4lE.sl r{; PRODUCTS-Comp/oP AGG s2,600;000 IRI POLICY j X, E-- LOC $ AUTOMOBILE LIABILITY 41CAB4928007' 2/3172012 1'2t31/201.. COF1618T INGLeUMIT 2-0Q0,000 rEaaaliion X ANY AUTJ 60bILY.JNJIJ9Y(P,Sr ALL CVJiaEG AUT-CS BODIL,Y:INJURY(.Par amtdenll n kUTOS WON-O X HIREDAUTCS XX�AUTOSWNED �TY.D GI-: S I FIROP RTY: t X C5-90 EN DT F 13 X UMBRELLA LIAS LX- OCCUR UMC9363412a.3 1213112 12 121317201' EACH:OCCURRENIX x25 000 000 C EXCESS LIA6 ! Cl�,!MS,n�nuL= E)COSF1839425 1213.1;12012 12i3172.D9�AGGREGATE. 625 OOD Don D i . DED RET[nrnoN$ E7CC21111131 12/31120.12 (2/3172[1.1 g WORKERS COMPENSATION 1 WC149278A;7. 121311201.2 121311201. X , E d WCSTATU- OTN- AND EMPLOYERS'41AS1LitY Y!N ANY PROPRIETORrPAR1NER/ F.CU71VE� E OFFICEFJMEMBERGXCLUDco? (,i NIA .L.GCMACCIDENT 51,000,OD0 (Mandatory In NN) L DISEASE- A EIfy6b,descrbe u der E 51 04Q 000 DESCRIPTION GY'OPE RATJONS below .8L.115EASE-POLICY UIu11T j S11 000 000 DESCRIPTIuN OF OPERATIONS f.LOCATIONS I VEH CLES(Atluh ACORG 101,Addhlorlsl RBI1 Grka,echmiuicj if rgo rc apace is regwred) For Inforinatlorl Purposes Only, CERTIFICATE HOLDER CANCELLATION Progressivo Waste Solutions of SHOULD:ANYOF TEHE'ABOVE'DESCRIBED POLICIES SE.CANCr-i i F BEFORE THE EXPIRATION DATE THEREOF, .NOTICE WILL BE DELJVERED IN TX, Inc. ACCORDANCE WITH THE POLICY PROVISIONS. 2301 Eagle Pkwy Ste 200 F'or'worth,TX 76177 AliTHORIM)R5rRE5ENTATf 9 190-200 ACORD CORPORATION.All rights reserved. AGORD 25(2010105) 1 of 1 The ACORD narlle;aiid.logo are.,registemd marks ofAGORD #S20043AWMZ9588442 KR41 May 13, 2013 To Whom It May Concern: Please transfer the Franchise for the City of Beaumont from IESI to Progressive Waste Solutions of TX, LLC. Effective immediately due to a name change. If you have any questions please call 409-246-4022. Thank you RESOLUTION NO. WHEREAS, on December 10, 2002, City Council approved Ordinance No. 02-089 granting IESI-TX Corporation a franchise to operate a solid waste collection and transportation service within the City of Beaumont; and, WHEREAS, on June 20, 2012, IESI-TX Corporation officially changed its name to Progressive Waste Solutions of TX, Inc.; and, WHEREAS, IESI-TX Corporation has requested that its franchise be transferred to Progressive Water Solutions of TX, Inc.; and WHEREAS, an amendment to Ordinance No. 02-089 is required to transferthe solid waste franchise from IESI-TX Corporation to Progressive Waste Solutions of TX, Inc.; and, WHEREAS, all provisions of Ordinance No. 02-089 will remain applicable to Progressive Waste Solutions of TX, Inc. after the transfer; 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 Ordinance No. 02-089 is amended to allow for the transfer of the solid waste franchise from IESI-TX Corporation to Progressive Waste Solutions of TX, Inc.; and, BE IT FURTHER RESOLVED THAT all provisions of Ordinance No. 02-089 will remain applicable to Progressive Waste Solutions of TX, Inc. after the transfer. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of May, 2013. - Mayor Becky Ames - B RICH WITH OPPORTUNITY [I III 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: May 21, 2013 REQUESTED ACTION: Council consider a resolution authorizing the granting of a Utility Crossing Agreement with Seaway Crude Pipeline Company, LLC. BACKGROUND Seaway Crude Pipeline Company, LLC has requested permission to install a thirty inch (30") pipeline to cross a twelve inch (12") sanitary sewer line and a sixteen inch (16") water line West of West Port Arthur Road; a twelve inch (12") sanitary sewer line and a sixteen inch (16") water line East of West Port Arthur Road; two (2) twenty inch(20") and one (1) sixteen inch (16") water lines and a twelve inch (12") sanitary sewer line North of FM 3514; a sixteen inch(16") water line and an eight inch (8") sanitary sewer line North of FM 3514; a fifteen inch (15") sanitary sewer line and an eight inch (8") water line South of Future Range Road; an eighteen inch (18") sanitary sewer line and a sixteen inch (16") water line South of Future Range Road and an eight inch(8") water line East of FM 347 located outside the corporate limits of the City of Beaumont. The pipeline is for the purpose of transporting crude oil, 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 Seaway Crude Pipeline Company, LLC, substantially in the form attached hereto as Exhibit "A," to install a thirty inch (30") pipeline to cross a twelve inch (12") sanitary sewer line and a sixteen inch (16") water line West of West Port Arthur Road; a twelve inch (12") sanitary sewer line and a sixteen inch (16") water line East of West Port Arthur Road; two (2) twenty inch (20") and one (1) sixteen inch (16") water line and a twelve inch (12") sanitary sewer line North of FM 3514; a sixteen inch (16") water line and an eight inch (8") sanitary sewer line North of FM 3514; a fifteen inch (15") sanitary sewer line and an eight inch (8") water line South of Future Range Road; an eighteen inch (18") sanitary sewer line and a sixteen inch (16")water line South of Future Range Road and an eight inch (8") water line East of FM 347 located outside the corporate limits of the City of Beaumont for the purpose of transporting crude oil, said pipeline is to be constructed in compliance with City requirements. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21 st day of May, 2013. - Mayor Becky Ames - APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LIMITS OF THE CITY OF BEAUMONT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Seaway Crude Pipeline Company LLC 713-381-8231 Business Name: Business Phone: Business Address: X100 Louisiana St; Suite 1000; Houston TX 77002 ^Attn: Tim Dyk The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $1, 062 . 50 (See Attached Fee Calculation Sheet) herby grants to Seaway Crude Pipeline Company LLC hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or products,on or across the following City easement and/or property situated outside the City of Beaumont, Jefferson County, Texas, but being within our Extra-Ten•itorial Jurisdiction (ETJ) and/or Certificate of Convenience and Necessity (CCN) and being more particularly i described in Exhibit"A"attached hereto and made a pail hereof for all purposes. Nearest Street Distance to Easement Len tgth(Linear Foot)of Crossing WPA Rd 983 ' west - 12 11sewer & 16"water (30 ' ROW) WPA Rd 203 ' east - 12 11sewer & 16°water (30 ' ROW) FM 3514 215 ' north - two 20" & 16" water & 12 sewer (60 ' ROW) FM 3514 216, north - 16 11water & 8 11sewer (50 ' ROW) Future Range Rd 243 ' south - 15 11sewer & 8 11water (50, ROW) Future Range Rd 594 ' south - 1811sewer & 16 11water (30 ' ROW) FM 347 east side in TxDOT ROW - 8" water (no ROW) 1 EXHIBIT "A" i COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: o Licensee 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 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Water Utilities Department and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement(see page 8). OBNERAL CONDITIONS: o Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. o All pipelines crossing City of Beaumont utility easements, water:or sanitary sewer easements shall be bored from easement line to easement lime. 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 minimum of five (5) feet below the lowest existing or proposed ditch _.. . grades,_watclinesa_Aaiutary 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). 2 The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City; nor with sanitary sewer lines,waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. o Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Water Utilities Department. o Operations along easements shall be performed in such a manner that all property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any structures. The cost of any repairs to structures, sanitary'sewer lines,water lines or other easement features as a result of this installation will be borne by the owner of this line. o Any construction which tapes 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 pelmiission 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. 0 Any licenses, permits or agreements required by another governmental entity (County; State or Federal) to adjoining property shall be obtained and a copy of such document shall be provided to the City. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. a The pipeline shall be maintained and operated in such a manner as not to leak and/of cause'cdainage 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 to •the City Fire Department and Water Utilities Department. Licensee shall fully 3 cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all casts associated with said cleanup and remediation. o The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City. a Installation will be done in accordance with all City standards and statutes of the State of Texas. FEQU ED 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 Additional Insured. Such policy shall provide for the following minimum 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 dining the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration,or modification of such insurance. fl Licensee shall have in force with the City a surety bond in the principal amount of$1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement:-Tlie bond slia-lTprovideiiat"itimay not lie caancelled;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 fi-om any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont ' for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee fiom recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN PROPERTY: o City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the properly involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the property involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a-local, or toll free, telephone iitunber to be called for notification of construction or maintenance and for location of lines. Such niunber, or charges to such number, will be provided to the City (Water Utilities Department) and kept current at all times. 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 notification for Licensee to provide location of its lines. Failure, by Licensee, to respond - - -within- ,the- required time-flame shall alleviate the responsibility. of-the person(s) requiring the lines to be relocated. o 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 tray be deemed to be necessary or proper by City in, across, along, or under the property. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. o Whenever 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 structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City, If the change is demanded by the City for the benefit of any other person or private corporation, except the City, 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, boring, or changing in any manner of the pipeline where same is within City property. NOTIFICATION/MPECTiON: a Any and all work to. be performed on City property shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. Licensee shall provide the City(Water Utilities Department)forty-eight(48) hours prior to the installation of the tines permitted by this license. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. o Licensee shall notify the Water Utilities Department 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. 6 SPECIAL CONDITIONS: Nonassignable This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder, Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for,termination. Such notice shall be given not less than thirty(30)days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail,postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the pai ties as follows: City of Beaumont ?Name of Licensee:Seaway Crude Pipeline Company LLC P.O.Box 3827 Attn: Tim Dyk Beaumont,Texas 77704 Address of Licensee: 110 0 Louisiana St; Suite 1000 Attn: City Manager City and State of Licensee: Houston, Tx 77002 Upon cancellation,the pipeline shall be removed and property restored to a condition acceptable to the Water Utilities Director. 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. 7 Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS. WHEREOF, the City of Beaumont,Texas,has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 CITY OF BEAUMONT, TEXAS By: Kyle Hayes,City Manager ATTEST: City Clerk APPLICANT'S COMPANY NAME: (Licensee) Vj Represented b cq Ik�o� i tle ATTEST: By: .� _ eK� 8 Seaway Crude Pipeline Company LLC Beaumont Fee Calculation (Outside City Limits) license fee 1 $ 500.00 30' ROW 30 2.25 $ 67.50 30' ROW 30 125 $ 67.50 60' ROW 60 2.25 $ 135.00 50' ROW 50 2.25 $ 132.50 50' ROW 50 2.25 $ 112.50 30'ROW 30 2.25 $ 67.50 TxDOT ROW 0 2.25 $ - $ 1,062.50 JEFFERSON COUNTY, TEXAS DAVID CUNNINGHAM SURVEY A-15 �•• �°' ', ' -•--# r '+ • s �`- )f ter`i sae• s�....ft�f,•-v ,aeA. { _ 13 wZ z In �i'• -, y, .,,,.��,�' �_T; �„ f� - j f �,,t•i`,r � /��3•�`� �'"';�� ..Tnar y _ '1 3 i 4•'.<. ..,.tip � t -2_ r vrr.� ,°?� ` F� � .� 1 �11��• � // �P. � - ��5,+/i,F.r "�. ♦��w T �� ... `"°` .. 1�+�'4p' � lam' .' '� �i � •f+ / '�4. `� �. � 7aP 1 It.. a� or.', L�f� � +4,4 {• � ° {;5� ir�.� ., 7. � ,:/� iI' \�i;4 'r' � �r'.�'/._ .�t..��4 y'I..�Ja✓1'1�� ..a1 �.� � �'4 3� l - f \ �' 75 j '. l s?}f,1r�'. tip:i�� :.i!1_ •J r ` _ j' - '}I J 1 .{_'•.r \�,�Tl _ _ E G-5) �ty 'ti 11; itL7ar+t; r3, L '•� a � ' y 1+1 [i C call G !s r iL M - `� ' 1`y^t•� Cenfr�f 7 r :� �\ E ,., '°',� 4`: `• ;Y '.:\�;, li - Gardens ,4 _ •• I3O Iwv , - �` 71.:1! 1 •aJ\. �pnt 1+ 1 �1'sl!' ,• .'f. ' / � R M tF '\ P'� _+C 1/ �Iw•''s^• • �O R UILLVHT�jQ` MARKET 3514 ben GPTdens Al 3 ? BEAUS,M CITY LM�B/ PRC�03ED 5' 1 30PIAWAY�E 1 , PROJECT - LOCATION � Q)lt •`. � i YIF� Y. f n«�a. NOTE: VICINITY MAP ALL BEARINGS AND COORDINATES REFER TO THE UNIVERSAL w GRAPHIC SCALE o TRANSVERSE MERCATOR (UAuI) COORDINATE SYSTEM, ZONE QUAD MAPS: rn 15-NORTH US SURVE{Y FOOT AS DERNEO FROM A GLOBAL BEAUMONT EAST, TEXAS (30094-A1) pPOSITIONING BASED ONGPGRIDSTATIC SURVEY. DISTANCES SHOWN 0 2000, 4000, 8000, PORT ACRES, TEXAS (29094-H1) 0 z N0.I DATE IREV. BY: REVISION 0 SEAWAY CRUDE PIPELINE COMPANY LLC VICINITY MAP PROPOSED SEAWAY PIPELINE SEGMENT 7 OUTSIDE THE ,p CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS d DRAWN BY: EV SHEET: 1 OF 6 3 s CHKD./APPD. BY: MC SCALE: AS—SHOWN UPDATED BY: DATE: 04/18/13 'Morris P. Hebert, Inc. 3 809MG I HVINEBRINO o ENYiRDWWAL SEEMS a MLD I; VICES•CIS DATA BASE: 11246 JOB NO. 11246 a P.O. BOX 3106 •283 OORPORME DRIVE*HOUNa LOUISIANA 70361 v (985)879-2731 10101 SOUTIfNEST FREMY 4 SUM 620•FX3USTOt1,TF�D1S 77074• (713)219-1470 MPH CAD FILE: 11246PER0001AO.DWG JEFFERSON COUNTY, TEXAS DAVID CUNNINGHAM SURVEY A-15 d` 00 Z 1 4 Ax �1F?i + N=13,942,066.57 E=3,533,188.30 LAT.=N29'59'38.51' " (NOD 83) LONG.=W94'03'20.22' N=13,942,012.80 E=3,530,666.60 ° LOT.=N29'59'39.04', = n .=W94'03'48.89" j ., J J SURVEY PERFORMED ON 12/22/2011. AN OBELOW GROUND DFERROUS ME LES, PIPELINES, UTILITIES, ETC. PLAN ALL B ALL BEARINGS AND COORDINATES REFER TO c� CROSSED BY THE PROPOSED PROJECT; HOWEVER DUE TO THE INHERENT THE UNIVERSAL TRANSVERSE MERCATOR UTM) w LIMITATIONS OF ELECTRONIC MAGNETIC LOCATING EQUIPMENT, GRAPHIC SCALE COORDINATE SYSTEM, ZONE 15-NORTH US URVEY MORRIS P. HEBERT, INC. IS NOT RESPONSIBLE FOR ANY CABLES, FOOT AS DERIVED FROM A GLOBAL POSITIONING SPIPELINES, UTILITIES OR ANY 07HER BELOW GROUND STRUCTURES SYSTE ((AGES) STA ONSURVE DISTANCES SHOWN (INCLUDING PVC) NOT LOCATED DURING THE COURSE OF THE SURVEY. 0 1000' 2000' 4000 z 0 NO.I DATE IREV, BY:j REVISION m m SEAWAY CRUDE PIPELINE COMPANY LLC 0 PLAN PROPOSED SEAWAY PIPELINE SEGMENT 7 } OUTSIDE THE CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS a DRAWN BY: EV SHEET: 2 OF 6 CHKD./APPD. BY: MC SCALE: AS-SHOWN AM mw ���a n m Morris P. Hebert, Inc. UPDATED BY: DATE: 04/18/13 SURVBnMC•BNCINBBIUNC•BNMOMMBNTAL SERVICES•PIBLD SERVICES•GIS DATA BASE: 11246 JOB N0. 11246 P.O. BOX 3106 +283 CORPORATE DRIVE+ HOUMA, LOUISIANA 70361 •(985) 879-2731 10101 SOUTHWEST FREEWAY+SUITE 620 + HOUSTON,TE1<AS 77D74 +(713) 219-1470 MPH CAD FILE: 1 1246PER0002AO.DWG JEFFERSON COUNTY, TEXAS DAVID CUNNINGHAM SURVEY A-15 WO Kin ty 0z f 011 } Glk h Js 4 r E 1. 1 M +L� k �y p s PLAN VIEW N.T.S. w 0 S 0 z z N0.I DATE IREV. BY:j REVISION m SEAWAY CRUDE PIPELINE COMPANY LLC U- TYPICAL PLAN VIEW PROPOSED SEAWAY PIPELINE SEGMENT 7 OUTSIDE THE CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS a b DRAWN BY: EV SHEET: 3 OF 6 CHKD./APPD. BY: SAC SCALE: AS-SHOWN 'w a ors ° ° Inc. UPDATED BY: DATE: 04/18/13 — 14Iorris P. Heber, 1 DATA BASE: 11246 JOB N©. 11246 v SURVEYING•ENGINEEWR•NAMNWNTAL SBR17CES•FIELD SERYICSS•CIS P.O. BOX 3106 • 283 CORPORATE ORNE+HODUk LOU,S M 70361 +(985) 879-2731 10101 SOKHWESf FFHWAY+SURE 620 0 WSW TEXAS 77074 •(713) 219-1470 MPH CAD FILE: 1 1246PER0003A0.DWG JEFFERSON COUNTY, TEXAS DAVID CUNNINGHAM SURVEY A-15 t---30' ROW--1 i I QI �I I 3' MIN, NATURAL GROUND I I O O PROPOSED PIPELINE S'MIN. SECTION "A-A" N.T.S. 1 I—30' ROW i O ° O 12' SEWER P/L I I Na1� (POSSIBLE) 1 131 III a 1 I � E NATURAL GROUND U I NATURAL GROUND I �� I aI ., O O PROPOSED PIPELINE 0 S MIN. DRILL SECTION "B-B" N.T.S. 4 ° E INSIDE CITY LIMITS OUTSIDE CITY LIMITS t- a (-60' ROW--j an. u_ a o CpL, > 1333in a U io *6 C-4 1 to NI I F3' MIN. NATURAL GROUND I I NATURAL GROUND PROPOSED PIPELINE 5'MIN. :3 SECTION "C-C" N.T.S. w ° En D 1' 2 o NO.1 DATE IREV. BY:j REVISION 0 SEAWAY CRUDE PIPELINE COMPANY LLC TYPICAL PROFILE PROPOSED SEAWAY PIPELINE SEGMENT 7 3 OUTSIDE THE CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS m DRAWN BY: EV SHEET: 4 OF 6 CHKD./APPD. BY: MC SCALE: AS-SHOWN ..�� .. UPDATED BY; DATE: 04/18/13 P.SURYBYLYG•BNGINL6RINC•ENVIRDN1tBNT SgRVICBS0 FIELD M�R17CES CIS DATA BASE: 11246 JOB NO. 11246 .."P.O.BOX 3106 + 283 CORPORATE DRNE+NONk 1011L41 M 70361 +(985)879-2731 10101 SWiHWEST FREEWAY+SUITE 620+PAWN,TEXAS 77074 + (713)219-1470 i MPH CAD FILE: 11246PER0003A0,DWG JEFFERSON COUNTY, TEXAS DAVID CUNNINGHAM SURVEY A-15 --1 50' ROW r- —�50' Row r- I i i i 3 , I 1 U3 a I u3 � 3 1 I i I 1 3' MIN. I Sa m 1 i t m I 3' MIN. i 1 NATURAL GROUND NATURAL GROUND I I sus-x O O O O PROPOSED PIPELINE SECTION "D—D" N.T.S. f__�30' ROW 18' SEWER P/L � i I j 16" WATER P/L 3' MIN. I i 3' MIN, E NATURAL GROUND 11+ I I NATURAL GROUND 0 00 n1 o PROPOSED PIPELINE 5'MIN. SECTION "E—E" N.T.S. a 0 0 00 oz i o° 3' MIN. C3 NATURAL GROUND � NATURAL GROUND PROPOSED PIPELINE 5'MIN. a SECTION "F—F" N.T.S. U W n S }/O Z NO.1 DATE IREV. BY.-I REVISION m SEAWAY CRUDE PIPELINE COMPANY LLC Ll 0 Ii TYPICAL PROFILE PROPOSED SEAWAY PIPELINE SEGMENT 7 3 OUTSIDE THE CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS a c� DRAWN BY: EV SHEET 5 OF 6 (00opw CHKD./APPD. BY MC SCALE: AS—SHOWN UPDATED BY: DATE: 04/18/13 svRr�rvlc•3$1rc11v$aRll,�c +Orris P. Hebert, Inc. 1l7VPiRDXJ►BNTAL SSRYI4'BS Fm SFRYICBS&CIS DATA BASE: 11246 JOB NO. 11246 P.O. BOX 3106 •283 CORPORATE DRNE N0Ugk L04ASIM�iA 70361 • (985)879-2731 10101 So1n1n M FREEWAY*SM 620•MUM,TEXAS 77074 - (713) 219-1470 MPH CAD FILE: 1 1246PER0003A0.DWG PROPOSED SEAWAY 30" PIPELINE DESIGN DATA 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: SEAWAY CRUDE PIPELINE COMPANY LLC 1.2 PIPELINE NAME: SEAWAY CRUDE PIPELINE - SEGMENT 7 1.3 PRODUCT: CRUDE 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR JUNE 2013 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES:THE DEPARTMENT OF TRANSPORTATION ("DOT") STANDARD CFR TITLE 49, PART 195, "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME B31.4 2,2 DESIGN PRESSURE: 1440 PSIG 2.3 HYDROSTATIC TEST PRESSURE: 1800 PSIG MIN. 2.4 DESIGN FACTOR: 0.50 FOR HDD/BORE 2.5 DESIGN FACTOR: 0.72 FOR LINE PIPE 3.0 CATHODIC PROTECTION E 3.1 RECTIFIER IMPRESSED CURRENT 0 N O n 4.0 CONSTRUCTION METHOD 6 ,2 4.1 SEE CROSSING DETAIL DIRECTIONAL DRILL/BORE/OPEN CUT. 5.0 BORE ANDfOR HDD LINE PIPE a 5.1 OUTSIDE DIAMETER: 30" v 5.2 WALL THICKNESS: 0.618" a 5.3 PIPE SPECIFICATION: API 5L 3 5.4 SPECIFIED MINIMUM YIELD STRENGTH: X70 (70,000 PSI) a 5.5 MATERIAL: STEEL a 0 5.6 PROCESS OF MANUFACTURE: LSAW 5.7 EXTERIOR COATING: 14 TO 16 MILS FUSION BONDED EPDXY (FBE) & 30 MILS ABRASION RESISTANT OVERLAY (ARO) v N 6.0 LINE PIPE 6.1 OUTSIDE DIAMETER: 30" 6.2 WALL THICKNESS: 0.429" 6.3 PIPE SPECIFICATION: API 5L a 6.4 SPECIFIED MINIMUM YIELD STRENGTH: X70 (70,000 PSI) 6.5 MATERIAL: STEEL ° 6.6 PROCESS OF MANUFACTURE: HSAW 6.7 EXTERIOR COATING: 14 TO 16 MILS FUSION BONDED EPDXY (FBE) aw m p N0.I DATE IREV. BY.1 REVISION SEAWAY CRUDE PIPELINE COMPANY LLC 0 PIPELINE DESIGN DATA ID DRAWN BY: EV SHEET: 6 OF 6 CHKD./APPD. BY: MC SCALE; N/A m emowmoww�mw a1 V' s at a�aim a s "+ i ���► a UPDATED BY: DATE: 0418/13 Morris P. Hebert, Inc. a SURVMVG BNGINBERING•BNF1RflXVWAL SERYICFS•FH0 SBRwV CfS•GlS DATA BASE: 11246 JOB NO. 11246 !' P.D. BOX 3108•283 COWORVE DRIVE r HOUMA, LOL49W 70361 * 965)879-27,31 3 10101 SOUWWFSr FRE MY 0 SURE 400 +HOUSTON,TEXAS 77074 •(713)219-1470 MPH CAD FILE: 1 1246PER0004AO.DWG DAT OS 02/D201 ) CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). d PRODUCER CONTACT NAME: "C AOn Risk Services Southwest, Inc. PHONE FAX Houston TX office (A/C.No.Ext): (866) 283-7122 A/C.No.: 800-363-0105 5555 San Felipe E-MAIL p Suite 1500 ADDRESS: _ Houston TX 77056 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: National Union Fire Ins CO Of Pittsburgh 19445 Seaway Crude Pipeline company LLC INSURER B: New Hampshire Ins Co 23841 1100 Louisiana Street, 10th Floor Houston TX 77002 USA INSURER C: Illinois National Insurance CO 23817 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570049809111 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDD EFF POLICY MMIDD X LIMITS A GENERAL LIABILITY GL 2803112 0 1 1 04 1 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY Commercial General Liab DAMAGE TO R TED $1,000,000 PREMISES Ea occurrence CLAIMS-MADE X❑OCCUR MED EXP(Any one person) Excluded PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 a GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 V X POLICY PRO- LOC o JECT A AUTOMOBILE LIABILITY CA 480-70-20 04/18/2013 04/18/2014 COMBINED SINGLE LIMIT Ea accident) $1,000,000 Business Auto Coverage (A .. X ANY AUTO BODILY INJURY(Per person) O Z ALL OWNED SCHEDULED BODILY INJURY(Per accident) d AUTOS AUTOS M HIRED AUTOS NON-OWNED PROPERTY DAMAGE V AUTOS Per accident);F d UMBRELLA LIAR OCCUR EACH OCCURRENCE V EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION B WORKERS COMPENSATION AND WC012948489 04/18/2013 04/18/2014 X I TORY STATE OTH B EMPLOYERS'LIABILITY YIN WC012948493 04/18/2013 04/18/2014 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 C OFFICER/MEMBEREXCLUDED? N/A wc012948494 04/18/2013 04/18/2014 B (Mandatory in NH) WC012948490 04/18/2013 04/18/2014 E.L.DISEASE-EA EMPLOYEE $1,000,000 B If DESCRIPTION OF OPERATIONS below yes,describe under WC012948491 04/18/2013 04/18/2014 E.L.DISEASE-POLICY LIMIT $1,000,000 D DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) 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. *Policy is excess of primary policies. ti. CERTIFICATE HOLDER CANCELLATION I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Beaumont AUTHORIZED REPRESENTATIVE P. 0. Box 3827 Beaumont TX 77704 USA A c�(cryo/n - ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 10638949 LOC#: .4 GTRL3� ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMEDINSURED Aon Risk services southwest, Inc. seaway Crude Pipeline Company LLC POLICY NUMBER See Certificate Number: 570049809111 CARRIER NAIC CODE See Certificate Number: 570049809111 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. INSR ADDL SUBR POLICY NUMBER POLICY POLICY LIMITS LTR TYPE OF INSURANCE INSR wVD EFFECTIVE EXPIRATION DATE DATE (MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY A CA 480-70-21 04/18/2013 04/18/2014 combined $1,000,000 Truckers Policy Single Limi WORKERS COMPENSATION B N/A wco12948492 04/18/2013 04/18/2014 ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD c RICH WITH OPPORTUNITY 17C 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: May 21, 2013 REQUESTED ACTION: Council consider a resolution authorizing the granting of a Pipeline License Agreement with Seaway Crude Pipeline Company, LLC. BACKGROUND Seaway Crude Pipeline Company, LLC has requested permission to install a 30" (thirty inch) pipeline which will cross a twenty inch (20") water line and a twelve inch (12") sanitary sewer line East of West Port Arthur Road and a thirty inch (30") right-of-way crossing North of FM 3514 within the city limits of Beaumont. The pipeline is for the purpose of transporting crude oil, 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 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 Seaway Crude Pipeline Company, LLC, substantially in the form attached hereto as Exhibit'A"to install a 30"(thirty inch) pipeline which will cross a twenty inch (20") water line and a twelve inch (12") sanitary sewer line East of West Port Arthur Road and a thirty inch (30") right-of-way crossing North of FM 3514 within the city limits of Beaumont for the purpose of transporting crude oil, said pipeline is to be constructed in compliance with City requirements. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21 st day of May, 2013. - Mayor Becky Ames - { CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Seaway Crude Pipeline Company LLC 713-381-8231 Business Naine: Business Phone: ( ) Business Address:1100 Louisiana St; Suite 1000; Houston, TX 77002 Attn: Tim Dyk The City of Beaumont,hereinafter called"City",for and in consideration of the sum specified herein $567 .50 (See Attached Fee Calculation Sheet) hereby grants to Seaway Crude Pipeline Company LLC hereinafter called"Licensee",the license to lay,maintain,operate,replace,or remove a pipeline for the transportation of oil,gas,water, or their products, on or across the following property situated in the City of Beaumont, Jefferson Comity,Texas,and being more particularly described in Exhibit"A"attached hereto and made a part hereof for all purposes. Street Dame or R.O.W. Description LenpLh{Linear Feet 2011 water & 12" sewer E of WPA Rd, N or FM 3514 in 30 ' ROW 1 EXHIBIT "A" COST OF LICENSE: Licensee shall nialce payment to the City of Beaumont as follows: 0 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 and shall be reset every ten (10)years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees,including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement(see page 8). GENERAL CONDITIONS: 0 Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. e All pipelines crossing public rights-of-way shall be bored from right-o#-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. e The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. '� 2 a The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities, Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards, o Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working - thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. o Operations along roadways shall be performed in such a manner that all excavated materials will be kept off the pavements at all tines, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. 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 sheet"or roadway be allowed. All barricading must be by permit and approved by the City(Public Works Department)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 _.. own er{s).of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by ,the City of Beaumont. 3 I o Any Iicenses,permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. (1"=2,000' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to lean and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. o The Licensee shall be responsible for any and all costs associated with the relocation, of the pipeline.. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the 'Texas Department of Transportation. Q Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement_fee. (See Cost of License)_ o Installation will be done in accordance with all City standards and statutes of the State of Texas. 4 REQUIRED COVERAGE: o Licensee shall fiunish the City with a Certificate of Standard Liability Insurance,including bodily injuries and property damage,naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: o Bodily injuries: $ 30+0,000.00 per person $1,000,000.00 per incident Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. Licensee shall have in force with the City a surety bond in the principal amount of$1,000,000,00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising fionr, or growing out of any violation of the terms of this,agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen(15)days prior written notice to the City. The bond shall be good and in effect for a period of one(1)year from the date of completion of construction of the pipeline. Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This inden-mity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. o If the pipeline or any part thereof installed by Licensee shall be in any - _ - respect.damaged or injured by.City or„any,of its_ agents or employees in connection with the performance of any work or repairs that maybe done upon the property mentioned herein: 5 Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however; said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.: a City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W.involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all trines. This number shall be provided to entities permitted to construct, maintain or excavate within this City R,O.W, and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines, Failure, by Licensee, to respond within the required time frame shall alleviate-the responsibility of the person(s) requiring the lines to be relocated. o City reserves the right to lay, and to permit to be laid, sewer, gas,water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets,alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor_or_thirdpai-ty_vaho May be responsible for damages to Licensee's facilities. 6 If Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto,such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street,alley, easement or other right-of- way. NOTIEICATIONANSPECTION. o Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. 0 Licensee shall provide the City (Public Works Department - Engineering Division) twenty-foie' (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. o Licensee shall notify the Engineering Division at least forty-sight (4.8) hours prior to completion of work and removal of equipment from the job site to permit the City to mare an inspection. 7 SPECIAL CONDITIONS: Nonassignable This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to tennination by the City if any condition specified herein is not met, This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty(3 0)days prior to the tennination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: i City of Beaumont Name-of Licensee:Seaway Crude Pipeline Company LLC Attn: Tim Dyk P.O.Box 3827 Beaumont, Texas 77704 Address ofLicensee: 1100 Louisiana St; Suite 1000 Attn: City Manager City and State of Licensee:Houston, TX 77002 Upon cancellation, the pipeline shall be removed and property restored to a condition !rcceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 8 Commencement of work on the pipeline by Licensee after the date of this Billy executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont,Texas,has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 CITY OF BEAUMONT, TEXAS By: Kyle Hayes, City Manager ATTEST: City Clerk APPLICANT'S COMPANY NAME: (Licensee) Y i c6i (v-, u,C. Represented b i +r n y C� Tl e ATTEST: By: ��- A r 1pipeiineAkpipelInc license agree 9 Revised 12-14-2007 Seaway Crude Pipeline Company LLC Beaumont Fee Calculation (Inside City Limits) license fee 1 $ 500.00 30' ROW 30 2.25 $ 67.50 $ 567.50 JEFFERSON COUNTY, TEXAS DAVID CUNNINGHAM SURVEY A-115 {j$a�=1' , _ . ..,. -, �'�' �i' .., •� ,. l�' ,!tee , _ Q O .+ f aft' �SVbsto � 'i� 1'.,..�' /'-�, J�S•� } 1 r� f �� � s •— �. \ e ." {-- fi / "?�+. %emu'` �.a.z.� era! to t._�I''1 �t i S� ��'9� st'! ��'M•jt�,js� '�((L+FI- �s. � � ' v / _ It:.^t. si• ��'�,1 y t•.tai t ; ''r.r� 'F' - C co,. - E BEAUMONT _7M � : sir :''�\4.�.tSs,•'t't ,>a'�'t�t t�y� ri r`� �" `i � iv%'i ,t::i G„� r. ��5. _ ., f/��.tl,•, y�� . � Cent 'AJh �`\'�'>'m L �. l j p�/�p� t/ 4 4�• to Gai+d nt Y f 1 11 e,.'i i � ''��, 1(]1J1 V7L� t�l t� — $ •' — ' .>! SEAWAY �t r 30•PILw� t zn '�' `��—�'S,_r _. _ ..°� r � _'..�f:�f l' • • •,,�_��r sea � / �� _ 1 7 -- 1S —_� _ s • s� —.. �j F'•+.ZIN 7'o�bpyCr 'eN'� 3514 Gardens Tl it , - ___ _- - -_ , '•r\ !' - r BEAUMONT terns�a rTS 3 lAl7 f.JYf++a ..- / it �T r PROJECT ►. LOCATION lV ad , 1, �� :I /I i ` / t,•.•�.�{yyay, i / ,jr..-. 'y / F4yiY 11o.'d' ' f�! J NOTE: VICINITY MAP u ALL BEARINGS AND COORDINATES REFER TO THE UNIVERSAL GRAPHIC SCALE TRANSVERSE MERCATOR (UTM) COORDINATE SYSTEM, ZONE QUAD MAPS: 15-NORTH US SURVEY FOOT AS DERIVED FROM A GLOBAL BEAUMONT EAST, TEXAS (30094-A1) FA POSITIONING (GPGS)I STATIC SURVEY. DISTANCES SHOWN 0 20{0' 4000 g00fl' PORT ACRES, TEXAS (29094-H1) 1! ON R z NO. DATE BY: REVISION Im SEAWAY CRUDE PIPELINE COMPANY LLC 0 U VICINITY MAP PROPOSED SEAWAY PIPELINE SEGMENT 7 3 INSIDE THE CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS a DRAWN BY: EV SHEET: 1 OF 4 3 a CHKD,//APPD. BY: MC SCALE: AS—SHOWN mw�'° UPDATED BY: DATE: 04/15/13 M©rris P. Hebert, Inc. DATA BASE: 11246 JOB N0. 11246 SURV,!<3 0�EXGRI UW C•BIWIRONUEN?AA SERVICES•PIELD SERVICES•CIS 3 101013SOUMIST FREEWAY+SUITE 62+ Noos10N UTEW 7074• (713))219 14701 MPH CAD FILE: 11246PERM0001AO.DWG JEFFERSON COUNTY, TEXAS DAVID CUNNINGHAM SURVEY A-15 E F ,I-Z fF. f O� 0 W U0 i x . (NAD 83) N=13,942,066.57 ) E=3,533,188.3D p Vol LAT.=N29'59'38.51" , a LONG.--W94'03 20.22 N {NAD 83) J*r N=13,942,012.80 E=3,530,666.60 FO '•' LAT.=N29'59'39.04" N w LONG,=W94'03'48.89" " C' o a w o � SURVEY PERFORMED ON 12/22/2011. AN ON-THE-GROUND EFFORT HAS BEEN MADE TO LOCATE AND INDICATE NOTE: ALL BELOW GROUND FERROUS METAL CABLES, PIPELINES, UTILITIES, EFC. PLAN ALL BEARINGS AND COORDINATES REFER TO LI�IIONS OF ELECTRON C�MAGN �ING EQUIPMENT, GRAPHIC SCALE COORDINATE SYSTEM.TRANSVERSE NEE 1 -NORTH S SURVEY W MORRIS P. HEBERL INC. IS NOT RESPONS18LE FOR ANY CABLES, FOOT AS DERIVED FROM A GLOBAL POSITIONING PIPELINES, UTILITIES OR ANY OTHER BELOW GROUND STRUCTURES SYSTEM (GPS) STATIC SURVEY. DISTANCES SHOWN z (INCLUDING VC) NOT LOCATED DURING THE COURSE OF THE SURVEY. 0 1000' 2000' 4 000' HEREIN ARE EASED ON GRID. PVC) NO.I DATE IREV. BY.1 REVISION SEAWAY CRUDE PIPELINE COMPANY LLC 0 0 PLAN PROPOSED SEAWAY PIPELINE SEGMENT 7 3 INSIDE THE CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS a DRAWN BY: EV SHEET: 2 OF 4 3 � CHKD./APPO. BY: MC SCALE: AS-SHOWN UPDATED BY: DATE: 04/16/13 Morris P. Hebert Inc. v SURVEYNC•RNCINNRRING, NPRONIMAfTAL SERVICES•FIELD SERVICES•CIS DATA BASE: 11246 JOB NO. 11246 3 10101 SOUTHWEST, 2FFRRE CORPORATE AA • SUITE 2s DRIVE +HOUSTON,TTE 77a 4*•(7113))219 1470 MPH CAD FILE: 1 1246PERM0002AO.DWG JEFFERSON COUNTY, TEXAS DAVID CUNNINGHAM SURVEY A-15 o� o� Oz U� H ,vr N N M � t N Qr J II. ' OUTSIDE CITY LIMITS INSIDE CITY LIMITS +- v f_] U C) o ° zl I n N C3 a w a z °I= of �I �n v3 a �Tj z � �z NATURAL GROUND U NAT OD xx N 010 5'MIN. U � DRILL PROFILE N.T.S. if z NO.I DATE IREV. 8Y:I REVISION Ca 0 SEAWAY CRUDE PIPELINE COMPANY LLC 0 U TYPICAL PLAN AND PROFILE PROPOSED SEAWAY PIPELINE SEGMENT 7 INSIDE THE CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS d a s DRAWN BY: EV SHEET: 3 OF 4 Ca Ko CHI(0./APPD. BY: MC SCALE: AS—SHOWN ' ' "°� a ° UPDATED BY: DATE: 04/16/13 SURI'Is' V•BNGINBBNNG�W1BN1MROrN1fBNT S.8R7 CES•YMW SffRN S CIS DATA BASE: 11246 JOB NO. 11246 PA. BDX 3106*283 CORPORATE DRIVE*HOUMA,LOLIISMA 70361 * (985)879-2731 10101 SOUpl44EST FREEWAY* SUDE 620*HOUSfON,TEXAS 77074 (713j 219-1470 MPH CAD FILE: 1 1246PERM0003AO.DWG PROPOSED SEAWAY 30" PIPELINE DESIGN DATA 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: SEAWAY CRUDE PIPELINE COMPANY LLC 1.2 PIPELINE NAME: SEAWAY CRUDE PIPELINE - SEGMENT 7 1.3 PRODUCT: CRUDE 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR JUNE 2013 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES:THE DEPARTMENT OF TRANSPORTATION ("DOT") STANDARD CFR TITLE 49, PART 195, "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME B31.4 2.2 DESIGN PRESSURE: 1440 PSIG 2.3 HYDROSTATIC TEST PRESSURE. 1800 PSIG MIN. 2.4 DESIGN FACTOR: 0.50 FOR HDD/BORE 2.5 DESIGN FACTOR: 0.72 FOR LINE PIPE 3.0 CATHODIC PROTECTION E 3.1 RECTIFIER IMPRESSED CURRENT a w d inn 4.0 CONSTRUCTION METHOD CJ M 4.1 SEE CROSSING DETAIL DIRECTIONAL DRILL/BORE/OPEN CUT. U) N ¢ 5.0 BORE AND/OR HDD LINE PIPE a 5.1 OUTSIDE DIAMETER: 30" a F 5.2 WALL THICKNESS: 0.518" ° 5.3 PIPE SPECIFICATION: API 5L a # 5.4 SPECIFIED MINIMUM YIELD STRENGTH: X70 (70,000 PSI) 0 5.5 MATERIAL: STEEL 4 0 5.6 PROCESS OF MANUFACTURE: LSAW 0 9° 5.7 EXTERIOR COATING: 14 TO 16 MILS FUSION BONDED EPDXY (FBE) & 30 MILS ABRASION RESISTANT OVERLAY (ARO) w Of 6.0 LINE PIPE i 6.1 OUTSIDE DIAMETER: 30" 6.2 WALL THICKNESS: 0.429" 6.3 PIPE SPECIFICATION: API 5L W 6.4 SPECIFIED MINIMUM YIELD STRENGTH: X70 (70,000 PSI) z 6.5 MATERIAL: STEEL 6.6 PROCESS OF MANUFACTURE: HSAW 6.7 EXTERIOR COATING: 14 TO 16 MILS FUSION BONDED EPDXY (FOE) Z3 m o NO.I DATE IREV. BY.1 REVISION SEAWAY CRUDE PIPELINE COMPANY LLC D PIPELINE DESIGN DATA 1= 0 a DRAWN BY: EV SHEET: 4 OF 4 ns �z CHKD./APPD. BY: MC SCALE: N/A W M UPDATED BY: DATE: 04/16/13 - Morris P.SURV371NC•BNCINdERlNC RNVIRUi7ll8NTAL NNBR91Cb bFIN],D SBR57CES••Gl8 DATA BASE: 11246 JOB NO. 11246 CD P.O. BOX 3106*283 CORPORATE DRNE*HOUMA, IMS"70361 *(985)879-2731 10101 SOUTHWEST FREEWAY*SURE 400 • WSTON,7M 77074* (7:13)219-1470 MPH CAD FILE: 1 1246PERM0004AO.DWG CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/WYY) 05/02/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT AOn Risk Services Southwest, Inc. NAME: Houston TX Office (A/CNNo.Ext): (866) 283-7122 FAX No): 800-363-0105 d a 5555 San Felipe E-MAIL o Suite 1500 ADDRESS: _ Houston TX 77056 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA: National Union Fire Ins Co of Pittsburgh 19445 Seaway Crude Pipeline Company LLC INSURER B: New Hampshire Ins Co 23841 1100 Louisiana Street, 10th Floor Houston TX 77002 USA INSURER C: Illinois National Insurance Co 23817 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570049809111 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested POLICY EXP INSR FF LTR TYPE OF INSURANCE S R WVD POLICY NUMBER MM/DDY E MMID LIMITS A GENERAL LIABILITY GL 1 4 1 1 3 04/18/2014 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY Commercial General Liab A G O N E $1,000,000 PREMISES Ea occurrence CLAIMS-MADE ❑OCCUR MED EXP(Any one person) Excluded PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 a X POLICY PRO LOC o JECT n A AUTOMOBILE LIABILITY CA 480-70-20 04/18/2013 04/18/2014 COMBINED SINGLE LIMIT Business Auto Coverage (A Ea accident $1'000'000 X ANY AUTO BODILY INJURY(Per person) O ALL OWNED SCHEDULED BODILY INJURY(Per accident) Z Qf AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE U AUTOS Per accident w d UMBRELLA LIAR HOCCUR EACH OCCURRENCE V EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION • WORKERS COMPENSATION AND WC012948489 04/18/2013 04/18/2014 X WC sTATU- OTH- EMPLOYERS'LIABILITY TORY LIMITS ER B YIN WC012948493 04/18/2013 04/18/2014 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S1,000,000 C OFFICER/MEMBEREXCLUDED? � N/A wC012948494 04/18/2013 04/18/2014 • (Mandatory in NH) WC012948490 04/18/2013 04/18/2014 E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under • DESCRIPTION OF OPERATIONS below WC012948491 04/18/2013 04/18/2014 E.L.DISEASE-POLICY LIMIT $1,000,000— FF DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) 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. "Policy is excess of primary policies. CERTIFICATE HOLDER CANCELLATION r:: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Beaumont AUTHORIZED REPRESENTATIVE P. 0. Box 3827 Beaumont TX 77704 USA '� � ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 10638949 LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY INAMEDINSURED Aon Risk Services Southwest, Inc. Seaway Crude Pipeline Company LLC POLICY NUMBER see Certificate Number: 570049809111 CARRIER 7717CODE1 See Certificate Number: 570049809111 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. INSR POLICY POLICY ADDL SUBR POLICY NUMBER EFFECTIVE EXPIRATION LIMITS LTR TYPE OF INSURANCE INSR WVD DATE DATE (MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY' A CA 480-70-21 04/18/2013 04/18/2014 Combined $1,000,000 Truckers Policy Single Limi WORKERS COMPENSATION B N/A WC012948492 04/18/2013 04/18/2014 ILL ACORD 101(2008101) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD RICH WITH OPPORTUNITY BEA,IIMON* Tm E a X �- A 0 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 21, 2013 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call ELECTION OF MAYOR AND COUNCILMEMBERS * Consider approval of an ordinance canvassing the results of the May 11, 2013 City General Election * Administration of the oath of office * Recess RECONVENE MEETING * Presentations and Recognition * Public Comment: Persons may speak on the Consent Agenda * Consent Agenda 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: J.A.I. Dining Services (Beaumont), Inc., et at vs. The City of Beaumont, Texas, et al; No. 1:13-cv-00157 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. May 21,2013 Consider approval of an ordinance canvassing the results of the May 11, 2013 City General Election RICH WITH OPPORTUNITY 11EA,11MON T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, City Clerk, TRMC MEETING DATE: May 21, 2013 REQUESTED ACTION: Council consider approval of an ordinance canvassing the results of the May 11, 2013, City General Election. BACKGROUND The Election Code, Section 67.003, states that each local canvassing authority shall convene to conduct the local canvass at the time set by the canvassing authority's presiding officer not earlier than the eight day or later than the eleventh day after Election Day. Council shall meet and canvass the returns and officially declare the results. Election officials will be sworn in and take office in their respective positions. RECOMMENDATION Approval of resolution. ORDINANCE NO. AN ORDINANCE CANVASSING THE RETURNS OF THE GENERAL ELECTION HELD IN THE CITY OF BEAUMONT ON THE 11TH DAY OF MAY, 2013, FOR THE PURPOSE OF ELECTING A MAYOR, FOUR(4)WARD COUNCILMEMBERS (WARDS I, II, III AND IV)AND TWO COUNCILMEMBERS-AT- LARGE; AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Council of the City of Beaumont, in session, duly called the general election to be held on the 11th of May, 2013, and the election returns of the ballots cast in said election were canvassed for the following officials: Official for the office of Mayor; Officials for the offices of Ward Councilmembers (Wards I, 11, III and IV) and Councilmembers-At-Large; and, WHEREAS, after duly canvassing said returns, the City Council finds that the votes cast at said election for the candidates for said offices are as follows: Office of Mayor: Votes Percentage Christopher "Unc" Jones 263 8.20% Becky Ames 2,945 91.80% Councilmember Ward 1: Alan Coleman 723 100% Councilmember Ward II: Mike Getz 1,129 100% Councilmember Ward III: Audwin Samuel 342 100% Councilmember Ward IV: Jamie Smith 438 100% Office of Councilmember at Large: W.L. Pate, Jr. 2,214 61.28% Gethrel "Get" Williams Wright 1,399 38.72% NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT- Section 1. That the results of said regular City election be and the same are hereby declared to have been as herein set out, and the following named persons were elected to the respective positions subject to the taking of their oaths of office as provided by the laws of the State of Texas: For Mayor: Becky Ames For Ward Councilmember (Ward 1) Alan B. Coleman For Ward Councilmember (Ward ll): Mike Getz For Ward Councilmember (Ward III): Audwin M. Samuel For Ward Councilmember (Ward IV): Jamie Smith For Councilmember-At-Large: W.L. Pate, Jr. For Councilmember-At-Large: Gethrel "Get" Williams-Wright Section 2. The City Council of the City of Beaumont further finds that notice of said election was duly and properly given as required by law, and that said election was duly held and returns thereof were duly made by the proper officials of said election and in all things according to law. Section 3. That if any section, subsection, sentence, clause, or phrase of this ordinance or the application of same to a particular person, or to a particular set of circumstances, should for any reason be held invalid, such invalidity shall in no way affect the remaining portions of this ordinance and to such end, the various portions and provisions of this ordinance are declared to be severable. PASSED,APPROVED,AND ADOPTED by the City Council of the City of Beaumont this the 21 st day of May, 2013. -Mayor Becky Ames-