HomeMy WebLinkAboutPACKET OCT 01 2013 MIC11 11, 1711 01111014Tt S11
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T • E • X • A - S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 1, 2013 1:30 P.M.
CONSENT AGENDA
* Approval of minutes— September 24, 2013
* Confirmation of committee appointments
Norma Sampson would be reappointed to the Community Development Advisory Committee.
The current term would expire September 3, 2015. (Mayor Becky Ames)
Ryan Smith would be reappointed to the Convention and Tourism Advisory Board. The current
term would expire September 11, 2015. (Councilmember Alan B. Coleman)
B. Eliot New would be reappointed to the Historic Landmark Commission. The current term
would expire September 5, 2015. (Councilmember Alan B. Coleman)
Myra Clay would be reappointed to the Parks and Recreation Advisory Committee. The current
term would expire October 12, 2014. (Mayor Becky Ames)
A) Approve a resolution authorizing the City Manager to execute all documents necessary to
accept funding from The Texas Department of State Health Services (DSHS) for use at
the Beaumont Public Health Department's WIC Division
B) Approve a resolution approving the renewal of an annual maintenance agreement for
SunGard Public Sector software support for use by all City Departments
C) Approve a resolution nominating C. L. Sherman to the Board of Directors of the
Jefferson County Appraisal District
D) Approve a resolution authorizing the City Manager to execute all documents necessary,
specifically including a Common Area Advertising Agreement, in order for the Southeast
Texas Auto Theft Task Force to maintain an ad panel display of public information
regarding auto thefts at Parkdale Mall
E) Approve a resolution accepting maintenance of street, storm sewer, water and sanitary
sewer improvements in Fairfield Phase III (B) Subdivision
F) Approve a resolution authorizing the City Manager to execute all documents necessary,
specifically including a three-year agreement with West Publishing Corporation for
police use of their database service
G) Approve a resolution authorizing the City Manager to execute a memorandum of
agreement with the South East Texas Regional Planning Commission to facilitate
emergency notifications
FI) Approve a resolution authorizing the acquisition of property for the Avenue A Project
1) Approve a resolution authorizing the execution of a License to Encroach Agreement with
John Limbrick
J) Approve a resolution authorizing the execution of a License to Encroach Agreement with
Miguel Garcia and Maria Socorro
K) Approve a resolution authorizing the execution of a License to Encroach Agreement with
John Abe Henderson
I-) Approve a resolution authorizing the settlement of the lawsuit styled Home Rule
Municipality of the State of Texas, City of Beaumont vs. Max Specialty Insurance
Company, Now Known As Alterra Excess & Surplus Insurance Company, Cause No. E-
190.879.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the following reappointments be made:
Reappointment Commission Beginning Expiration
of Term of Term
Norma Sampson Community Development Advisory Committee 10/01/13 09/03/15
Ryan Smith Convention and Tourism Advisory Board 10/01/13 09/11/15
B. Eliot New Historic Landmark Commission 10/01/13 09/05/15
Myra Clay Parks and Recreation Advisory Committee 10/01/13 10/12/14
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of
October, 2013.
- Mayor Becky Ames -
A
RICH WITH OPPORTUNITY
[IEA,UI�1011T
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Sherry Ulm)JPublic Health Director
MEETING DATE: October 1, 2013
REQUESTED ACTION: Council consider a resolution approving the City Manager to
execute all documents necessary to accept funding from The
Texas Department of State Health Services (DSHS) in the
amount of $373,856.00 awarded to the Beaumont Public
Health Department's WIC Division.
BACKGROUND
The Texas Department of State Health Services has awarded the Beaumont Public Health
Department's WIC Division grant funds in the amount of 5373,856.00. The contract will begin
1.0101/2013 and end on 03/31/2014.
The Special Supplemental Nutrition for Women,Infants,and Children Program(WIC)is a nutrition
education and supplemental food program for pregnant and postpartum women, breast-feeding
women, infants,and children up to the age five. The program also provides information on healthy
eating and referrals to health care. WIC is a federal grant program for which Congress authorizes
a specific amount of funds each year for the program.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of the resolution.
DEPARTMENT OF STATE HEALTH SERVICES
40
This contract, number 2014-045041 (Contract), is entered into by and between the Department
of State Health Services (DSHS or the Department), an agency of the State of Texas, and
BEAUMONT CITY HEALTH DEPARTMENT (Contractor), a Government Entity,
(collectively, the Parties).
1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide,
services or goods to the eligible populations as described in the Program Attachments.
2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract
is $373,856.00, and the payment method(s) shall be as specified in the Program Attachments.
3. Funding Obligation. This Contract is contingent upon the continued availability of funding.
If funds become unavailable through lack of appropriations, budget cuts, transfer of funds
between programs or health and human services agencies, amendment to the Appropriations Act,
health and human services agency consolidation, or any other disruptions of current appropriated
funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract.
4. Term of the Contract. This Contract begins on 10/01/2013 and ends on 03/31/2014. DSHS
has the option, in its sole discretion, to renew the Contract as provided in each Program
Attachment. DSHS is not responsible for payment under this Contract before both parties have
signed the Contract or before the start date of the Contract, whichever is later.
5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code,
Chapter 1001.
6. Documents Forming Contract. The Contract consists of the following:
a. Core Contract (this document)
b. Program Attachments:
2014-045041-001 NSS/WIC LOCAL AGENCY
c. General Provisions (Sub-recipient)
d. Solicitation Document(s), and
e. Contractor's response(s) to the Solicitation Document(s).
f. Exhibits
Any changes made to the Contract, whether by edit or attachment, do not form part of the
Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein.
92648-1
7. Conflicting Terms. In the event of conflicting terms among the documents forming this
Contract, the order of control is first the Core Contract, then the Program Attachment(s)., then the
General Provisions, then the Solicitation Document, if any, and then Contractor's response to the
Solicitation Document, if any.
8. Payee. The Parties agree that the following payee is entitled to receive payment for services
rendered by Contractor or goods received under this Contract:
Name: CITY OF BEAUMONT
Address: PO BOX 3827
BEAUMONT, TX 77704
Vendor Identification Number: 17460002789023
9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of
the Parties and that there are no agreements or understandings, written or oral, between them
with respect to the subject matter of this Contract, other than as set forth in this Contract.
92649-1
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute all documents
necessary to accept grant funding from the Texas Department of State Health Services
(DSHS) for the benefit of the Beaumont Public Health Department's Women, Infants and
Children (WIC) Division in the amount of $373,856 effective October 1, 2013 through
March 31, 2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of
October, 2013.
- Mayor Becky Ames -
B
RICH WITH oppoRTUNITY
[1EA,[111C111T
T • E * X a A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Chief Technology Officer .
MEETING DATE: October 1, 2013
REQUESTED ACTION: Council consider a resolution approving the renewal of an
annual maintenance agreement for SunGard Public Sector
software support in the amount of$89,879.10 for use by all
City Departments.
BACKGROUND
This purchase is exempt from competitive bidding since it is available from only one (1) source
having exclusive rights to modify and maintain the software. The software maintenance
agreement provides for unlimited telephone support and up to three (3) software updates during
the annual ten-n.
This agreement is for an annual period beginning October 1, 2013 and includes the following
applications.
Software Application Contract Amount
Building Codes and Permitting $4,814.40
Finance Cash Receipts $1927.40
Finance Asset Management $2,774.40
Finance GMBA Accounting System $11,505.60
Finance Loans Module $2,346.00
Finance Accounts Receivable $4,069.80
Finance Purchasing $6,324.00
Finance Payroll $9,506.40
Imaging Interfaces $2,646.90
Click2GOV Citizen Web Portal $3,855.60
Municipal Court $8,914.80
Jury Management $2,264.40
Land Management $4,335.00
Occupational License $2,029.80
Document Management Services $979.20
Water Billing and Citizen Online Payments $10,985.40
Application Modifications $9,600.00
Total $89,879.10
FUNDING SOURCE
General Fund— Information Technology, Municipal Court Technology Fund, and Water Fund.
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 pay an invoice in the amount
of $89,879.10 to SunGard Public Sector for the renewal of an annual maintenance
agreement for software support beginning October 1, 2013.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of
October, 2013.
- Mayor Becky Ames -
c
RICH WITH OPPORTUNITY
[IEA,111�1011
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: October 1, 2013
REQUESTED ACTION: Council consider a resolution nominating C. L. Sherman to
the Board of Directors of the Jefferson County Appraisal
District.
BACKGROUND
C. L. Sherman is currently a Member of the Board of the Jefferson County Appraisal District.
The City of Beaumont has nominated and subsequently cast its allocated number of votes for Mr.
Sherman for many years. The terms of the current Board members expire on December 31,
2013. Nominations to the Board are due to be turned in to the Appraisal District by October 15,
2013. After nominations are submitted, a ballot will be mailed out by the Appraisal District to
the eligible governmental entities. Mr. Sherman would like to continue his service on the Board.
A letter from Roland Bieber, Chief Appraiser, is attached for your review.
RECOMMENDATION
Approval of the resolution.
f
Jefferson County Appraisal District (409) 840-9944
P. O. Box 21337 4610 S. Fourth St. (409) 727-4611
Beaumont,Texas 77720-1337 Beaumont, Texas 77705 Fax (409) 727-5621
CHIEF APPRAISER MEMBERS OF THE BOARD
Roland R. Bieber,RPA August 26, 2013 C. L. Sherman,Chairperson
Charles Lankford,Secretary
J. Shane Howard
Miriam K.Johnson
Mrs. Becky Ames Eugene Landry
Mayor Dr.Louis Reed,Jr.
City of Beaumont
P O Box 3827
Beaumont TX 77704
Dear Mayor Aries:
In accordance with Section 6.03(e) of the Property Tax Code, attached please find the voting
entitlement for each taxing unit that is entitled to vote for the Board of Directors.
The terms of the current Board members expire on December 31, 2013. If your entity would like to
submit nominations for the Board of Directors, you must do so by resolution adopted by your
governing body and filed with me prior to October 15. Before October 30 1 will submit to each entity
entitled to vote a ballot listing all of the nominees. Each entity will then cast its votes, again by
resolution adopted by the governing body, and submit the resolution to me before December 15.
The conservation and reclamation districts nominated Miriam Johnson for the 2014 - 2015 term of
office. Mrs. Johnson's name will be placed on the ballot along with the names of the nominees
submitted by the County_. cities, and school districts. In the main election, the nominee who receives
the majority of the votes cast by the conservation and reclamation districts will receive all of the votes
cast by the special districts.
I have enclosed a copy o--"the calendar of events for the election of the Board of Directors. Please be
aware that due to new legislation, extensions for submitting your nominees and casting your votes can
no longer be granted.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Roland R. Bieber, RPA
Chief Appraiser
pjb
Enclosures
�: Mr. Kyle Hayes, City Manager
ELECTION OF BOARD OF DIRECTORS
Calendar of Events as Revised by HB 2043
Before October 1 Chief Appraiser calculates votes each entity is entitled to and
delivers written notice to each taxing entity (with exception of
conservation and reclamation districts).
Before October 15 By resolution adopted by the governing body, each entity
submits nomination to the Chief Appraiser (with exception of
conservation and reclamation districts). An entity may submit
a nomination for each of the five positions on the Board.
Before October 30 Chief Appraiser prepares a ballot of candidates whose names
were timely submitted and delivers a copy to the presiding
officer of each entity entitled to vote.
Before December 15 Each entity determines its vote by resolution and submits it to
the Chief Appraiser. An entity may cast all its votes for one
candidate or distribute them among candidates.
Before December 31 Chief Appraiser counts the votes, declares the five candidates
who receive the largest vote totals as the winners, and submits
the results to the taxing entities and the candidates
Should any deadline fall on a weekend or holiday, the deadline is extended to the next
regular business day.
Revisions to Section 6:03 of the Property Tax Code no longer allow the Chief
Appraiser to grant an extension for submitting nominees or casting votes.
JEFFERSON COUNTY APPRAISAL DISTRICT
Voting Allocation for 2014 - 2015 Board of Directors
Based on 2012 Tax Levies
% of Total
2012 Tax Levy Tax Levy # of Votes
Drainage District #6 $17,648,906.00 3.51 % 175
Drainage District #7 $18,372,036.00 3.65% 183
Navigation and Waterways Dist $6,843,582.00 1 .36% 68
Port of Beaumont $6,282,360.00 1 .25% 63
Port of Port Arthur $11 ,024,636.00 2.19% 110
Port of Sabine Pass $545,656.00 0.11 % 5
Trinity Bay Conservation Dist $75,922.00 0.02% 1
WCID #10 $867,334.00 0.17%
SUBTOTAL C & R DISTRICTS: $61 ,660,432.00 12.26% 614
Jefferson County $91 ,436,681 .00 18.18% 909
Beaumont ISD $121 ,663,215.00 24.18% 1 ,209
Hamshire-Fannett ISD $9,607,030.00 1 .91 % 96
Hardin Jefferson ISD $7,003,433.00 1 .39% 70
Nederland ISD $22,971 ,196.00 4.57% 228
Port Arthur ISD $68,336,968.00 13.58% 679
Port Neches-Groves ISD $36,510,874.00 7.26% 363
Sabine Pass ISD $8,398,524.00 1 .67% 83
City of Beaumont $43,314,307.00 8.61 % 430
City of Bevil Oaks $105,901 .00 0.02% 1
City of Groves $4,567,540.00 0.91 % 45
City of Nederland $5,660,138.00 1 .13% 56
City of Port Arthur $15,990,343.00 3.18% 159
City of Port Neches $5,863,595.00 1 .17% 58
SUBTOTALS: $441 ,429,745.00 87.74% 4,386
TOTALS: $503,090,177.00 100.00% 5,000
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby nominates C. L. Sherman to the Board of Directors of the
Jefferson County Appraisal District.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of
October, 2013.
- Mayor Becky Ames -
D
RICH WITH OPPORTUNITY
r
C ► �
T • E - X • A •S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: October 1, 2013
REQUESTED ACTION: Council consider aresolution authorizing the City Manager to
execute all documents necessary, specifically including a
Common Area Advertising Agreement, in order for the
Southeast Texas Auto Theft Task Force to maintain an ad
panel display of public information regarding auto thefts at
Parkdale Mall.
BACKGROUND
The Southeast Texas Auto Theft Task Force is a multi jurisdiction agency comprised of six
personnel from the Beaumont Police Department, and one each from Jefferson County Sheriffs
Office, Port Arthur Police Department and the Hardin County Sheriffs office. The Task Force
currently covers Jefferson, Orange,Hardin, and Jasper Counties. The Task Force focuses efforts in
two areas: investigations, which target vehicle burglaries and vehicle thefts, and public awareness,
which uses media campaigns, training and public presentations to promote prevention techniques
and awareness.
As a public service,Parkdale Mall seeks to replace the Southeast Texas Auto Theft Task Force kiosk
with an ad panel display of public information regarding auto crimes. Parkdale Mall is visited by
an estimated 10,000 persons a day and the ad panel will be used to promote auto theft/auto burglary
awareness and prevention through the use of display items.
FUNDING SOURCE
The total fee is $3,000.
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 execute all documents
necessary, specifically including an Common Area Advertising Agreement, substantially
in the form attached hereto as Exhibit "A," in order for the Southeast Texas ,Auto Theft
Task Force to maintain an ad panel display of public information regarding auto thefts at
Parkdale Mall.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of
October, 2013.
- Mayor Becky Ames -
COMMON AREA ADVERTISING AGREEMENT
Contact:Kyle Hayes,City Manager
Southeast Texas Auto Theft Task Force DBA: Southeast Texas Auto Theft Task Force
FEIN or SS: FIN: 74-W000278
Address: 2,130 W.Cardinal Drive, Suite C,Beaumont,TX 77705
Phone:409-673-5447 Email: rross @ci.beaumont.tx.us
Other Information: an ad panel display of public information regarding auto theft
Agreement Duration: 9/1/2013 to 8/31/2014
CBL Sales Agent: Barbara Speed Property Name: Parkdale Afall
Description: LB,A Fixture Number: OVET-02
Start Date End Date Fee Total Fee
MonthIvFee(s): 9/1/2013 8/31/2014 $250.00 53,000.00
Description Fee Frequency Start Date End Date
Production Cost-Brand Development 526?.50 ONE 9/1/2013 8/31/2014
Additional Fee(s):
Remittance Address: PARKDALE MALL CMBS,LLC, P. O. Box 74942,Cleveland,OH 44194-4942
OWNER shall permit the undersigned(hereinafter"Advertiser")to advertise at the above-referenced Property and in accordance with the
description above as agreed by the parties hereto, and in exchange therefore,Advertiser shall pay to OWNER the Total Advertising Cost
(referenced above) in equal monthly payments during the Term(as written above)commencing upon the "Start Date"referenced above.
Advertiser shall pay promptly when due or make reimbursement to OWNER for all taxes imposed upon Advertiser's Total Advertising
Cost, including,without limitation, all sales taxes, value added taxes, documentary taxes and other taxes assessed upon the consideration
received by OWNER. Advertiser shall be in default under this Agreement if it fails to: (a) pay any sum due hereunder within five (5)
days of the date such payment is required, and(b) comply with any non-monetary provision of this Agreement after five(5)days notice
from OWNER. OWNER shall have the option immediately upon such default to terminate this Agreement and require that Advertiser
pay any and all sums due hereunder and the costs and expenses of removing Advertiser's advertisements, and OWNER shall have such
other rights and remedies, in law or in equity, as are allowable under applicable law.
Rnd court yosk And.t. f—"Ur-suing eelleetion of monws due undeF this Aer-eement,that OMINER mai,ineur-in enfered
OWNER shall have the exclusive right over the location, size, content and manner of presentation of the advertisement. OWNER in its
sole discretion shall have the right to remove, relocate, and/or to terminate this Agreement for any reason on five (5) days prior written
notice to Advertiser at any time during the term of this Agreement. On any such termination, OWNER shall rend to Advertiser any
unused portion of.Advertiser's Total Advertising Cost and such shall be the only payment and/or remedy due to Advertiser as the result of
such termination.
If agreed upon by the parties, Advertiser will use the production company selected by OWNER to produce the advertisement, and
Advertiser shall be responsible for the costs thereof which shall be $9.13/square foot for the materials cost based on the size of the
advertisement ("Materials Cost") and, if necessary, production costs of$75 per proof and $75/hour ("Production Costs") for the time
expended to create and produce the advertisement. Advertiser shall pay the materials cost to OWNER upon execution of this Agreement
and Advertiser shall pay any Material and/or Production Cost to OWNER within five (5) days of receipt of an invoice for same from
OWNER.
EXHIBIT "A"
Advertiser represents and warrants to OWNER, the Shopping Center and any affiliates of same,that Advertiser permission to use the
name and/or logo has the sole and^°^'usive ~ehts;to its that the Advertiser shall utilize in conjunction with the
advertisements under this Agreement. Specifically, but without limitation, the Advertiser represents and warrants to OWNER, the
Shopping Center and any affiliates of same,and directors,officers,employees and agents of any of OWNER,the Shopping Center and
their affiliates that the use of the Advertiser's name and/or logo will not result in any trademark infringement or the violation of any
exclusive use as relates to Advertiser's name and/or logo. In the event a third party may bring an action for trademark infringement or
the violation of exclusive use as relates to the Advertiser's name,logo or other designation, dVPr-*'°^r HEF *"^*it-
and °►^" ~a^~�~;F
aeent=s and that Advertiser shall be solely responsible to such third party and that Advertiser, in the event such action by such third
party shall be successful or a settlement of such action may be effected,th"Advertiser shall be responsible for removing any logo or
designation that may be required to be removed and replaced as the result of such action or settlement and all costs or expenses of
such removal and replacement. This Agreement shall be subject to the rights and privileges of any tenant or occupant of the Shopping
Center. This Agreement and the application and interpretation hereof shall be governed exclusively by the terms hereof and in the event
of any conflict,by the laws of the State where the Property is located. All parties have contributed to the negotiation of this Agreement.
IN WITNESS WHEREOF,the parties have executed this Agreement to be effective as of _,2013.
advertiser: Southeast Texas Auto Theft Task Force Owner: PARKDALE MALL CMBS,LLC
By: CBL&Associates Management,Inc.,managing agent
By: —. ------- ... — By:
Name: Kyle Hayes Name: Kurt 1-undgreen
Title: Beaumont City ManRCC Title: _General Manaver
Date: Date:
E
RICH W11I1 OPPORTUNITY
[I r
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: October 1. 2013
REQUESTED ACTION: Council consider a resolution accepting maintenance of the
street, storm sewer, water and sanitary sewer improvements
in Fairfield Phase III (B) Subdivision.
RECOMMENDATION
On September 20, 2013, a final inspection from all entities involved was completed on the
following:
Claybourn Drive approximately 192 feet extension east of existing Claybo�urn Drive,
crossing Drainage District No.6 ditch to OM-4P Dead End Roadway Markers.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
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LOCATION MAP
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FAIRFIELD PHASE III (B) SUBDIVISION
DRAINAGE DISTRICT No. 6 CULVERT
CROSSING
RESOLUTION NO.
WHEREAS, construction of the streets, storm sewer, water and sanitary sewer
improvements constructed in Fairfield Phase III (B) Subdivision have been completed as
follows:
Streets
• Claybourn Drive approximately 192 feet extension east of existing Claybourn
Drive, crossing Drainage District No. 6 ditch to OM-4P Dead End Roadway
Markers.
Storm Sewer, Water and Sanitary Sewer Improvements
• Fairfield Phase III (B) Subdivision, right-of-way only.
and,
WHEREAS, the developers of said streets desire to have these improvements
accepted and maintained by the City; and,
WHEREAS, the director of the Public Works and Engineering Department has
determined that said improvements meet city standards and qualify for acceptance for
permanent maintenance, and the City Council is of the opinion that said improvements
should be accepted and maintained by the City of Beaumont;
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 above-referenced street, storm sewer, water and sanitary sewer
improvements in Fairfield Phase III (B) Subdivision, with the exception of streetlights, are
hereby accepted by the City of Beaumont and shall be continuously maintained by the City
contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way
and easements required on the preliminary and final plats and installation of the
streetlights.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of
October, 2013.
- Mayor Becky Ames
RICH WITH OPPORTUNITY
r
T • E • X • A:S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: October 1, 2013
REQUESTED ACTION: Council consider a resolution authorizing the City Manager
to execute all documents necessary, specifically including a
three-year agreement with West Publishing Corporation for
police use of their database service.
BACKGROUND
The Police Department contracts with a single public record database service to provide
comprehensive information that's useful to investigations. A single database search yields broad
results including name. address and business associations, in addition to vehicle links. public
utilities and credit bureau information. Currently, the Department uses West Publishing's
Consolidated Lead Evaluation and Reporting (CLEAR) service. Under the proposed agreement,
ten users within the Department are allowed unlimited searches for a monthly fee of$889.77 for
the first year of the contract. The rate would increase 5% in the second and third years. "These
searches are frequently used during criminal as well as internal investigations.
FUNDING SOURCE
Funds are available in the FY2014 Police Contract Services Budget.
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 execute all documents
necessary, specifically including an agreement with West Publishing Corporation,
substantially in the form attached hereto as Exhibit "A," to renew the Police Department's
access of the CLEAR database service.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of
October, 2013.
- Mayor Becky Ames -
WEST ORDER FORM -CLEAR SERVICES
TEXAS CALIR SERVICES CONTRACT#2010-001 WEST.:_
610 Opperman Drive.P.O.Box 648:33 A-r business
St.Paul,MN 55164-1803
Tel:651/687-8000 _
Check West account status below as applicable: Rep Name&Number David Swanson 0112219
New (NA(1 Form attached)
Existing with no changes X Existing with changes (Permanent name change must attach a Customer Name Change Form)
Does Subscriber have an existing West account?
❑ Yes If yes,please provide West account number
❑ No - z
---------- --
Acct# _ PO# Date 9/12/13 10
Name/Subscriber Beaumont Police Department Bill To Acct#
Order Confirmation Contact Name Captain Jim Clay ..
E-Mail jclay @ci.beaumont.tx.us r�
CLEAR Contact Name(for delivery of Registration Keys. Individual users
will also receive their Registration Keys if their e-mail addresses are provided) Captain Jim Clay
E-Mail jclay @ci.beaumont.t:x.us Telephone 409-880-1089
CLEAR Primary Account Contact Name(general business contact) Captain Jim Clay
E-Mail jclay @ci.beaumont.tx.us Telephone 409-880-1089
Permanent Address Change One-Time Ship To Additional Ship To Additional Bill To
Name Attn: z
Address Suite/Floor r=
t7
City State County Zip
t7
CLEAR Products Section
#of Users Monthly Total Monthly
Full Svc# CLEAR Products Banded Other CLEAR Charges
Notes:
Renewal
Total Monthly CLEAR Charges S
❑TEXAS CALIR SERVICES
Monthly charges,annual increases, and term dates for the Law Enforcement Options are specifically defined under the TEXAS CALIR Contract. The annual period,for
purposes of price increases and renewal date,runs from February 1 through January 31 of each year for the tern of the TEXAS CALIR Contract.
❑TERMS BELOW APPLICABLE ONLY FOR SPECIAL/CUSTOMIZABLE OFFERS UNDER TEXAS CALIR 42010-001
CLEAR Charges are billed on the date West processes Subscriber's order and continue for a minimum of 12 complete calendar months("Minimum Term"). Upon conclusion
of the Minimum Term,CLEAR Charges are billed thereafter at up to then-current rates. If Subscriber elects a longer Minimum Term the Monthly CLEAR Charges will be
billed as set forth herein Upon conclusion of the CLEAR Minimum Term,Monthly CLEAR Charges are billed thereafter at up to then-current rates. Excluded Charges and
Monthly CLEAR Charges(after the Minimum Term)may be modified as set forth in the Subscriber Agreement(as defined herein). Subscriber is responsible for all Excluded
Charges as incurred.
Subscriber's Initials for 24 Month CLEAR Minimum Term Subscriber agrees to commit to a Minimum Term of 24 months and the Monthly CLEAR Charges
for the second 12 months not to increase by more than %over the Monthly CLEAR Charges for the initial 12 months.
Subscriber's Initials for 36 Month CLEAR Minimum Term Subscriber agrees to commit to a Minimum Term of 36 months and the Monthly CLEAR Charges
for the second 12 months not to increase by more than %over the Monthly CLEAR Charges for the initial 12 months and Monthly CLEAR Charges for the third 12
months not to increase by more than %over the Monthly CLEAR Charges for the second 12 months.
Subscriber's Initials _CLEAR users are employed by Subscriber at the location identified above. If West learns that the number of Subscriber's
affiliated CLEAR users exceeds this number,West reserves the right to increase Subscriber's Monthly CLEAR Charges as applicable.
Internal Use Only ki -74'X1IS:1?i.
4/15/11 SAMInet V.I.dot
EXHIBIT "A"
CLEAR Batch Transactional Products Section
a Total Monthly
Full Svc# CLEAR Batch Products of Users Other CLEAR Batch Charges
Notes:
Total Monthly Batch CLEAR Charges S NA
Access to CLEAR Batch shall begin on the date West processes Subscriber's Order and shall continue for a minimum of 12 complete calendar months thereafter("Minimum
Term"). Subscriber may elect a longer Minimum Term by her/her initials below. CLEAR Charges for Subscriber's access to and use of CLEAR Batch shall begin when
Subscriber first accesses CLEAR Batch and are subject to change asset forth in the"Subscriber Agreement'(as defined herein). At the end of'he Minimum Term Subscriber,
access to CLEAR Batch shall terminate unless Subscriber and West enter into a superseding agreement
Subscriber's Initials for 24 Month CLEAR Batch Minimum Term Subscriber agrees to commit to a Minimum Term of 24 months and the Monthly CLEAR
Batch Charges
Subscriber's Initials for 36 Month CLEAR Batch Minimum Term Subscriber agrees to commit to a Minimum Term of 36 months and the Monthly CLEAR
Batch Charges
Subscriber's Initials NA _ CLEAR users are employed by Subscriber at the location identified above. If West learns that the number of Subscriber's
affiliated CLEAR users exceeds this number,West reserves the right to increase Subscriber Monthly CLEAR Charges as applicable
OF instruct: Enter a discount of 100%-in the Condition Group 1 field on Additional Data A tab.
CLEAR Batch Window Products Section
Total Monthly
Per month CLEAR Batch
Full Svc# CLEAR Batch Products Window rate of Users Monthly Other Charges
Notes:
Total Monthly Batch CLEAR Charges S NA
Access to CLEAR Batch shall begin on the date West processes Subscriber's Order and shall continue for a minimum of 12 complete calendar months thereafter("Minimum
Term"). Subscriber may elect a longer Minimum Term by her/her initials below. CLEAR Charges for Subscriber's access to and use of CLEAR Window Batch shall begin
on the date West processes Subscriber's order. During the Minimum Term,Subscriber shall guarantee minimum monthly CLEAR Window Batch CLEAR Charges as set
forth above("Monthly Guarantee")regardless of Subscriber's actual usage. All CLEAR Window Batch CLEAR Charges shall be waived for Subscriber's actual usage in
excess of the Monthly Guarantee through the amount of the Window,as set forth above. Subscriber shall pay all CLEAR Window Batch CLEAR Charges in excess of the
amount of the Window as incurred,as well as any other applicable CLEAR Charges. CLEAR Batch requests must be submitted at least five(5)business days prior to the end
of a billing month in order to apply against the Monthly Guarantee or Window for such month, CLEAR Charges are subject to change as set for the in the"Subscriber
Agreement"(as defined herein). At the end of the Minimum Term Subscriber's access to CLEAR Batch shall terminate unless Subscriber and West enter into a superseding
agreement.
Subscriber's Initials for 24 Month CLEAR Batch Window Minimum Term Subscriber agrees to commit to a Minimum Term of 24 months and the Monthly
CLEAR Batch Charges
Subscriber's Initials for 36 Month CLEAR Batch Window Minimum Term Subscriber agrees to commit to a Minimum Tenn of 36 months and the Monthly
CLEAR Batch Charges
Subscriber's Initials NA — CLEAR users are employed by Subscriber at the location identified above. If West learns that the number of Subscriber's
affiliated CLEAR users exceeds this number,West reserves the right to increase Subscriber Monthly CLEAR Charges as applicable.
Usage Logging
All subscribers will be restricted to"standard logging';provided,however,authorized law enforcement agencies with arrest powers may request that user input values entered
in a search or report be"blind logged". Authorized law enforcement agencies choosing Blind Logging must initial below:
Subscriber initials if Subscriber is an authorized law enforcement agency with arrest powers and requests Blind Logging
Required for,and applicable to,only accounts with arrest powers.
II
West reserves the right to change the logging typebased on credentialing and account validation.
IP Address Section
Only External IP Address(es)or Range(s)Must Be Provided
4/15/11 SAMlnet V.t.dot
Valid External IP Addresses or IP Ranges belonging to your organization and meeting the following requirements must be provided for
all CLEAR orders:
• IP Addresses assigned to jurisdictions outside the United States or Nest approved U.S.Territories are prohibited.
• IP Addresses will not be accepted from the following ranges which are reserved by the Internet Assigned Numbers
Authority for special use or private networks: 10.0.0.0-10.255.255.255,127.0.0.0-127.255.255.255, 172.16.0.0-
172.31.255.255,192.168.0.0-192.168.255.255,169.254.0.0-169.254.255.255.
• All IP addresses must be IPv4 addresses.
Permissible/P Address(es)will be thoseprovided below as well as any previously provided IP Address(es)for this Subscriber
Subscriber's Internet Service Provider Name On File
Provide IP Address(es)or IP Address Range(s)below
Additional page(s)may be attached if needed X
Beginning IP Address On File_ Ending IP Address On File
Beginning IP Address Ending IP Address
Beginning IP Address _ Ending IP Address %n
m
Beginning IP Address _ Ending IP Address C
__Subscriber initials if roaming access to CLEAR,permitting user access outside of Subscriber's designated IP Address/range,should
be prohibited. Please note that if this is requested Subscriber's users will be required to access CLEAR only through Subscriber's designated
entity IPs on file with West.
If you do not know your company's external IP address(s),try the following:
I. Contact your network administration,firewall or security team
2. Contact your Internet Service Provider,ISP(i.e. Cable, DSL,Satellite,etc.)
3. Go to the following URL in your browser:http:;/wojs%Oois 1 Ct, t 111_i orlitti):_N � ti c-rl__ttl��� i_p.co Wn to identify your
external IP address (NOTE: If you have multiple IP addresses,this tool will only detect one IP address)
Technical Contact for CLEAR Products(if applicable)(Contact for IP Address Issues)
File ro
Name(please print) On _
ro
r
Telephone
— a
E,-Mail
CLEAR Users,My Account Administrator and Authorized QuickView+User
Last Name First Name,M.I. Email Address Phone Number IN AD AN SV TC
K e e p S a m e
IN=Investigator
If there are additional CLEAR users additional page(s)must be submitted with the order User Type Key AD=Administrator SV=Supervisor
AN=Analyst TC=Technical
Subscriber shall authorize which user shall be named as the My Account Administrator. Access to My Account will allow CLEAR user management, general account
information and granting access to other My Account users.
Authorized My Account Administrator for CLEAR
4/15/11 SAMInet V.I.dot
Last Name _ First Name,M.I. E-Mail
(Required)
Subscriber shall authorize which CLEAR asers(s) shall have access to QuickView+. Actual charges billed by West may vary from charges reported on QuickView+.
Subscriber shall pay charges as billed. West does not warrant and has no liability with respect to accuracy of charges or other information on QuickView+.
Authorized CLEAR Password Holder for CLEAR QuickView+
Last Name First Name,M.I. Authorized Acct.#
CLEAR Renewals
Subscriber Certification Section must also be completed for all Subscribers that interact with,manage,or
house inmates or detainees.
*Current Monthly CLEAR Charges is/are rate(s)in effect as of the date of this Order Form and may not be the
rate(s) in effect when rate(s) for the Renewal Term is/are calculated, depending on the length of the current
Minimum Term or current Renewal Term.
Sub Matl# CLEAR Products Current Monthly CLEAR Charges*
41011157 CLEAR Plus Web Analytics $847.40
Notes
Subscriber's Initials for 12 Month Renewal Term** Subscriber agrees to commit to an additional 12 months and the Monthly CLEAR Charges for the such
additional 12 months shall be %more than the current Monthly CLEAR Charges in effect at the end of the current Minimum Term and/or current Renewal Terms.
Subscriber's Initials for 24 Month Renewal Term** Subscriber agrees to commit to an additional 24 months. The Monthly CLEAR Charges for the first
additional 12 months shall be %more than the Monthly CLEAR Charges in effect at the end of the current Minimum Term and/or current Renewal Terms and the
Monthly CLEAR Charges for the second additional 12 months shall be %more than the Monthly CLEAR Charges for the first additional 12 months.
Subscriber's Initials for 36 Month Renewal Term** Subscriber agrees to commit to an additional 36 months. The Monthly CLEAR Charges for the first
additional 12 months shall be 5 %more than the Monthly CLEAR Charges in effect at the end of the current Minimum Tenn and/or current Renewal Terms and the
Monthly CLEAR Charges for the second additional 12 months shall be 5 %more than the Monthly CLEAR Charges for the first additional 12 months. The Monthly
CLEAR Charges for the third additional 12 months shall be 5 %more than the Monthly CLEAR Charges for the second additional 12 months.
**Effective at the end of-the current Minimum Term("Renewal Term"). Upon conclusion of the Renewal Term,Monthly CLEAR Charges are billed thereafter at up to then-
current rates. Excluded Charges and Monthly CLEAR Charges(after the Renewal Term)may be modified as set forth in the Subscriber Agreement. Subscriber is responsible
for all Excluded Charges as incurred. During the Renewal Term and thereafter,Subscriber's access to and use of CLEAR shall be governed by the Subscriber Agreement.
Subscriber Certification Section
Re uired for all accounts that interact with manage or house inmates or detainees.
Subscriber Certifications must be completed for every order,including renewals.
Subscriber by his/her initials below certifies and acknowledges understanding and acceptance of the security limits of CLEAR and Subscriber's
responsibility for controlling product,Internet and network access:
;. Subscriber's Initials. Functionality of CLEAR cannot and does not limit access to non-West Internet sites. It is the responsibility or Subscriber to control
access to the Internet. By his/her initials,Subscriber acknowledges its understanding and acceptance of the security limits of CLEAR and Subscriber's
responsibility for controlling Internet access.
R-'
Subscriber's Initials. Subscriber certifies that it shall be responsible for controlling network access to the Internet or internal Subscriber sites. Subscriber
agrees to provide its own firewall,proxy servers or other security technologies as well as desktop security to limit access to the CLEAR URL and West
software. Subscriber must design,configure and implement its own security configuration.
Subscriber's Initials. Subscriber shall not use any Data,and shall not distribute any Data to a third party for use,in a manner contrary to or in violation of
any applicable federal,state,or local law,rule or regulation or in any manner inconsistent with the Subscriber Agreement.
Subscriber's bs tier's Initials. CLEAR will be accessed by Subscriber employees only for administrative or internal business purposes. All such access use will
fully comply with the following,restrictions:
• In no event shall anyone other than approved Subscriber employees be provided access to or control of any terminal with access to CLEAR
or CLEAR data.
• Terminals with CLEAR access,access credentials,and CLEAR data will be in secured locations that do not provide inmate/detainee access
No access shall be outsourced or otherwise provided to third parties.
Subscriber shall be solely responsible for ensuring that no sensitive information is made available beyond its stated permissible use.
�- �- Print Products/Other Products
4/15/11 SAMlnet V.I.dot
Full Svc 4 Print Products and Other Products Quantity List Charges Other Charges
Total Charges S NA
Terms of Payment for Print Products. West's standard terms of payment for print products purchased are net 30 days. West may elect to accept installment payments
on the purchase price. Installment payment terms are$ per month plus tax for approximately months until the purchase price,plus any
additional amounts under this Order Form,is paid in full.
This Order Form will become effective upon verification by West of Subscriber's credentials in accordance with this Order Form and upon approval and acceptance by West
in St.Paul,Minnesota.
Subscription Service and Passwords. Subscription services may consist of updates and/or supplements to the service,including but not limited to Print Products: pocket
parts,pamphlets,replacement or ancillary volumes,loose-leaf pages and other related supplemental materials,all ofwhich may be billed separately at up to then-current rates.
Subscriber hereby requests that West provide subscription services for the herein-described products at up to then-current rates until such subscription services are cancelled
by West or cancelled upon written request by Subscriber. Any passwords issued herein may only be used by the person to whom the password is issued and sharing of
passwords is STRICTLY PROHIBITED
General Provisions. This Order Form is subject to approval by West Publishing Corporation,("West")in St.Paul,Minnesota,and is governed by Texas law. The state and
federal courts sitting in Texas will have exclusive jurisdiction over any claim arising from or related to this agreement. Applicable sales,use,personal property,value added
tax(VAT)or equivalent,ad valorem and other taxes are payable by Subscriber. Subscriber may be charged interest for overdue installments and subscriptions and for other
open account charges. If any installments,subscriptions,subscription services,CLEAR Charges or open account charges remain unpaid 30 days after becoming dueincluding
all amounts that are or would become due and payable for the remaining term of Subscriber's Subscriber Agreement,shall become immediately due and payable at the sole
option of West. Interest charged may be adjusted to the then-highest current rate allowable on Texas contracts. This Order Form is non-transferable. All collection fees,
including but not limited to attorneys fees.are payable by Subscriber. Transportation and handling(FOB origin)charges will be added for print products.
Returns. If Subscriber is not completely satisfied with any print product received from West,the product may be returned within 45 days of the invoice date for a full refund
or credit,in accordance with West's up to then-current returns policies. CLEAR Charges are non-refundable.
CLEAR Products to be Lapsed
Full Svc# _ CLEAR Products
NA
The Texas CALIR Services Contract 92010-001, CLEAR Services Subscriber Agreement and the applicable Schedule A price plan("Subscriber
Agreement")are hereby incorporated by reference and made part of this Order Form. In the event there is a conflict between the terms and conditions of
the Subscriber Agreement and the terms and conditions of this Order Form,the terms and conditions of this Order Form shall control. Subscriber by
his/her signature below,acknowledges his/her understanding and acceptance of the terms and conditions of the Subscriber Agreement.
Signature X Date
AUTHORIZED REPRESENTATIVE FOR ORDER FORM
Printed Name
"Title
Date
Signature X „y
4/15/11 SAMlnet V.Ldot
WEST
Government Accounts Only
Addendum to West Order Form for WestlawPRO Orders
Subscriber: City of Beaumont
Account#:
Date of Order Form:
1. Effect of Addendum. The underlying Subscriber Agreement for Westlaw and CD-ROM Libraries, West
Order Form and Schedule A Plan 2 WestlawPRO (collectively the "Subscriber Agreement"), between
Subscriber and West is amended as specifically set forth herein to incorporate the terms of this Addendum. As
amended, the Subscriber Agreement shall remain in full force and effect according to its terms and conditions.
All terms used in this Addendum shall have the meanings attributed to them in the Subscriber Agreement. This
Addendum supersedes any and all prior understandings and agreements, oral or written, relating to the subject
matter. In the event there is a conflict between the terms and conditions of the Subscriber Agreement and the
terms and conditions of this,Addendum, the terms and conditions of this Addendum shall control.
2. Modification of Order Form-Non Availability of Funds. If Subscriber fails to receive sufficient
appropriation of funds or authorization for the expenditure of sufficient funds to continue service under the
Order Form, or if Subscriber receives a lawful order issued in or for any fiscal year during the Minimum Term
or Renewal Term of the Order Form that reduces the funds appropriated or authorized in such amounts as to
preclude making the payments set out therein, Subscriber may submit a written notice to West seeking
cancellation of the service, the Subscriber Agreement and the Order Form, if permitted under applicable law.
Subscriber shall provide West with notice not less than thirty (30) days prior to the date of cancellation, and
shall include a written statement documenting the reason for cancellation, including the relevant statutory
authority for cancelling, and an official document certifying the non-availability of funds (e.g., executive order,
an officially printed budget or other official government communication). Upon West's receipt of a valid
cancellation notice, Subscriber shall pay all charges incurred for any products and/or services received prior to
the effective date of the cancellation (and in the case of print/CD-ROM products, return all unpaid print/CD-
ROM products and updates).
West, a Thomson Reuters business Subscriber
Signed:
Accepted by: _ _ Name (please print):
Title: Title:
Date: Date:
5/1/11 SAMInet
814.dot
G
RICH WITH OPPORTUNITY
C . �
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James Singletary, Chief of Police
MEETING DATE: October 1, 2013
REQUESTED ACTION: Council consider a resolution authorizing the City Manager
to execute a memorandum of agreement with the South
East Texas Regional Planning Commission to facilitate
emergency notifications.
BACKGROUND
The City currently provides for emergency alerting of citizens, employees, and emergency
operations staff through an agreement with the South East "Texas Regional Planning Commission
(SETRPC). Grant funding from the Department of Homeland Security 2012 Port Security Grant
Program (PSGP) was awarded to SETRPC to maintain a regional notification capability.
SETRPC renewed their contract with BlackBoard Connect to maintain the service and contracted
with Intrado to maintain the essential 911 database access. Beaumont is an eligible participant
and will benefit from the ability to send out public safety information and emergency
notifications. This MOU will allow the City of Beaumont to utilize the Blackboard notification
system under the SETRPC contract with no local funding required. The Regional Planning
Commission is asking for City support for this MOU.
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 execute an Emergency
Notifications System Interlocal Agreement between the City of Beaumont and South East
Texas Regional Planning Commission (SETRPC)to facilitate the usage of the BlackBoard
emergency notification system. The Interlocal Agreement is substantially in the form
attached hereto as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of
October, 2013.
- Mayor Becky Ames -
Emergency Notification System Interlocal Agreement
This Agreement is entered into between the South East Texas Regional Planning Commission (SETRPC),
and the City of Beaumont to participate in the regional Emergency Notification project utilizing Blackboard
Connect.
WHEREAS, the City of Beaumont has established an emergency alerting system, and;
WHEREAS, SETRPC has contracted with Blackboard Connect to provide cost effective Emergency
Notification Services on behalf of participating local jurisdictions, and;
WHEREAS, the purpose of this system is to alert large numbers of citizens within a specific geographic
area of important information for public safety purposes, and;
WHEREAS, in the event of a large scale emergency or incident, the alerting system would benefit the
citizens of the City of Beaumont by providing critical information in a timely fashion, and;
WHEREAS, the City of Beaumont has agreed to act as the single point of contact with Intrado for access
to the 9-1-1 Data Base for emergency alerting purposes, and;
WHEREAS, the South East Texas Regional Planning Commission 9-1-1 Emergency Network agrees to
this arrangement regarding the use of the 9-1-1 Data Base for this purpose;
NOW,THEREFORE, BE IT HEREBY RESOLVED:
That SETRPC and the City of Beaumont hereby agree to the following terms of use of the Blackboard
Connect Emergency Alerting System and the 9-1-1 Data Base. The City of Beaumont has unlimited use of
Blackboard Connect at no cost to the City of Beaumont during the contract year. Unlimited non-emergency
messages may be sent using the non-9-1-1 data provided by Blackboard Connect. The City of Beaumont
agrees to use the 9-1-1 Intrado database only for the purpose of emergency notification purposes. The City of
Beaumont understands that the data contained in the 9-1-1 Database is to be used for the purpose of warning
SETRPC and the City of Beaumont Interlocal Agreement
Page 1
EXHIBIT "A"
or alerting citizens to an emergency situation as defined by the Federal Communications Commission (FCC) as
a 'situation posing an extraordinary threat to the safety of life and property" and that this data is to be
maintained as confidential and not subject to public inspection in accordance with Texas Health and Safety
Code, Section 771.062(a). In general, factors to be considered in determining whether an emergency
situation is warranted are:
1. Severity—will aid in reducing loss of life or reducing substantial loss of property
2. Timing-requires immediate public knowledge to avoid adverse impacts
3. Other means of disseminating information are inadequate to ensure rapid delivery.
In order to maintain the confidential nature of the 9-1-1 data base information and the rights and
privacy of citizens with unlisted and unpublished numbers, the City of Beaumont will be responsible for and
agrees to create two separate account log-ins for the alerting system. One log-in will allow the City of
Beaumont to use commercially available information for non-emergency messages. The City of Beaumont will
determine who shall have access and under what conditions to this non-emergency messaging capability.
Another, greatly restricted access log-in will be created by the City of Beaumont for the purpose of solely
disseminating emergency alert messages as defined above and utilizing the 9-1-1 database information. The
Emergency Management Coordinator for the City of Beaumont and/or his deputy or designee will be the only
persons allowed access to the restricted emergency alert messaging log-in.
Due to the confidential nature of the 9-1-1 data base information and privacy of citizens with unlisted
and unpublished numbers, SETRPC retains the right to withdraw their assistance if the City of Beaumont does
not maintain the confidentiality of the information or for misuse of the emergency alerting system.
The SETRPC 9-1-1 Network will not be liable for any costs associated with the emergency alerting
system including costs associated with the extract of data from the 9-1-1 data base. Associated costs for the
SETRPC and the City of Beaumont Interlocal Agreement
Page 2
unpublished Intrado data will be covered by SETRPC Homeland Security and Emergency Management Planning
Division through grant funds.
Charges for the activation and features specified in the Blackboard Connect contract shall be the
responsibility of the SETRPC Homeland Security and Emergency Management Planning Division (HSEMPD) for
a period not to exceed twelve months from the initiation date reflected in the contract between SETRPC
HSEMPD and Blackboard Connect beginning October 14, 2013 and ending October 13, 2014. SETRPC HSEMPD
will not be responsible for any costs other than the activation fee for the initial twelve month period reflected
in the contract between SETRPC HSEMPD and Blackboard Connect. SETRPC HSEMPD does not make any
promise, guarantee or other obligation for continued activation of the Blackboard Connect system beyond the
initial twelve month period. Continued activation of the emergency alerting system will be the sole
responsibility of the City of Beaumont after the expiration of the initial twelve month period unless additional
funding is acquired for the regional project.
This Agreement supersedes any and all other agreements, either oral or in writing between the parties
hereto with respect to the subject matter hereof, and no other agreement, statement or promises relating to
the subject matter of this Agreement which is not contained herein shall be valid or binding.
IN WITNESS THEREOF; the parties hereto have caused this Agreement to be executed as of the last
date signed below.
Shaun P. Davis, Executive Director Date
South East Texas Regional Planning Commission
The Honorable Becky Ames Date
Mayor, City of Beaumont
SETRPC and the City of Beaumont Interlocal Agreement _
Page 3
H
RICH WITH OPPORTUNtTY
[111LA, (
T • E • X • A .S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
Q�
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: October 1, 2013
REQUESTED ACTION: Council consider a resolution authorizing the acquisition of
property for the Avenue A Project.
BACKGROUND
As part of the Avenue A Street Improvement Project, approximately twelve (12) parcels of land
from West Cardinal Drive to West Virginia Street are being acquired. The owner of the
properties listed below. have agreed to convey their property to the City:
Parcel #13 0.029 acre situated in J. W. Bullock Survey, Abstract No. 7
Address: 4750 Avenue A
Owner: Ronald Charles Phillips
Appraised Value: $3,600.00
Parcel 415 0.015 acre situated in J. W. Bullock Survey, Abstract No. 7
Address: 4710 Avenue A
Owner: Followers of Christ Deliverance Ministries
Appraised Value: $1,000.00
Parcel #16 0.015 acre situated in J. W. Bullock Survey, Abstract No. 7
Address: 4700 Avenue A
Owner: Dennis Knabeschuh Estate
Appraised Value: $8,301.00
Parcel 417 0.026 acre situated in J. W. Bullock Survey, Abstract No. 7
Address: 4630 Avenue A
Owner: Juan David and Sylvia Ornelas
Appraised Value: $1,120.00
Parcel #18 0.018 acre situated in J. W. Bullock Survey, Abstract No. 7
Address: 4626 Avenue A
Owner: J-Areli and Marisol Denova
Appraised Value: $1,000.00
Parcel 919 0.032 acre situated in J. W. Bullock Survey, Abstract No. 7
Address: 4600 Avenue A
Owner: Calvin Bolds
Appraised Value: $8,000.00
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, an agreement has been negotiated for the acquisition of properties
described below and in Exhibits "A," "C," "E," "G," "I," and "K" and shown on Exhibits "B,"
"D," "F," "H," "J," and "L," attached hereto, for the Avenue A Street Improvement Project:
Parcel #13 0.029 acre situated in J. W. Bullock Survey, Abstract No. 7
Address: 4750 Avenue A
Owner: Ronald Charles Phillips
Appraised Value: $3,600.00
Parcel #15 0.015 acre situated in J. W. Bullock Survey, Abstract No. 7
Address: 4710 Avenue A
Owner: Followers of Christ Deliverance Ministries
Appraised Value: $1,000.00
Parcel #16 0.015 acre situated in J. W. Bullock Survey, Abstract No. 7
Address: 4700 Avenue A
Owner: Dennis Knabeschuh Estate
Appraised Value: $8,301.00
Parcel #17 0.026 acre situated in J. W. Bullock Survey, Abstract No. 7
Address: 4630 Avenue A
Owner: Juan David and Sylvia Ornelas
Appraised Value: $1,120.00
Parcel #18 0.018 acre situated in J. W. Bullock Survey, Abstract No. 7
Address: 4626 Avenue A
Owner: J-Areli and Marisol Denova
Appraised Value: $1,000.00
Parcel #19 0.032 acre situated in J. W. Bullock Survey, Abstract No. 7
Address: 4600 Avenue A
Owner: Calvin Bolds
Appraised Value: $8,000.00
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the purchase of the above described properties be, and the same are, hereby
approved.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of
October, 2013.
- Mayor Becky Ames -
MOMMOMM
LELEAP
July 2009
Surveyor's Field Note Description: Tract 13 —0.029 Acre Tract(1,263 Sq.Ft.)
BUNG a 0.029 acre tract of land out of and a part of that certain Ronald Charles Phillips tract of land,
more fully described and recorded in Clerk's File No. 2004014254 of the Official Public Records of
Jeff'erson County, Texas, also being described as Lot 16B of the Re-Plat recorded in Volume 16,Page 389
of the Map Records of Jefferson County, Texas. Said 0.029 acre tract being situated in the J.W. Bullock
Survey, Abstract No. 7 and is more particularly described as follows:
Note: All bearing Ptoted herein are referenced to the State Plane Coordinate System, Texas South
Central Zone, NAD 83. All distances noted herein are surface distances in U.S. Survey Feet.
BEGINNING at a point for the common Southeasterly comer of said Phillips tract and said Lot 16B,
same being at a point in the existing Southwesterly right-of.--way line of Avenue "A",;
THENCE South 86 deg. 03 min. 20 sec. West along and with the common Southerly line of said Phillips
tract and said Lot 16B, same being the Northerly right-of-way line of said Avenue "A" a distance of 8.64
feet to a 5/8-inch iron rod with cap stamped "LEAP ENG" set for the Southwesterly comer of the herein
described 0.029 acre tract;
THENCE North 31 deg. 02 min. 36 sec. West along and with the Southwesterly line of the herein
described 0.029 acre tract a distance of 159.97 feet to a 5/8-inch iron rod with cap stamped "LEAP ENG"
set for the Northwesterly comer of the herein described 0.029 acre tract, same being in the common
Northwesterly line of said Phillips tract and said Lot 16B, same being in the common Southeasterly line
of that certain James and Patsy Boles tract of land, more fully described and recorded in Clerk's file No.
2003011399 of said Official Public Records and Lot 16A;
THENCE North 59 de,-,. 10 min. 09 see. East along and with the common Northwesterly line of said
Phillips tract and said Lot 16B, same being the common Southeasterly line of said Boles tract and said
Lot 16A, a distance of 7.92 feet to a point for the Northeasterly comer of said Phillips tract, same being
the common Southeasterly comer of said Boles tract and said Lot 16A, same being in the Southwesterly
right-ofwav line of said Avenue "A",
THENCE South 30 deg. 57 min. 48 sec. East along and with the common Northeasterly line of said
Phillips tract and said Lot 16B, same being the Southwesterly right-of-way line of said Avenue "A" a
distance of 163.87 feet to the PLACE OF BEGINNING, containing 0.029 acre (1,263 sq. ft.) of land,
more or less.
x
4er Vy D. Russell
Registered Professional Land Surveyor No. 1808
Page I of 1
LEAP Engineering LLC 550 Fannin St, Suite 510,Beaumont, TX 77701 Tel:(409)813-1862 Fax:(409)813-1916
LAHIBIT "A"
James and Patsy Bales
C.F. No. 2003011399\
O.P.R,J,C. End. 5/8'
{Coiled Lot 16A of Block 16 Iron Rod
Annie T.
Warren
M.R.J.C. N 59'10'09" E 7.92'
Set 5/8* Iron
Rod Marked
'Leap Eng."
O
0.029 Acres
1263 Sq. Ft.
.0
0
Ronald Charles Phillips
S. C.F. No, 2004014254
O.P.R.J.C.
(Called Lot 168 of Block 16
Annie T. Warren Sub.)
Vol. 16, Pg. 389
M.R.J.C,
L
'
e--
Metal
Building
S 86'03'20"W 8.64'
S 86.()3,20* W 95.34' 13.40 Set 5/8" Iron
81,94, Rod Marked P.O.B.
"Leap Eng."
Fnd. 1/2-
Iron Rod
Brandon Bryan Addition, Block No. I
Vol, 10, Pg. 122
M.R.J,C.
Note: All Bearings Shown Hereon
Are State Plane, Texas South Central
Zones. NAD 83: All Distances Shown
Are Surface U.S. Survey Feet.
/� �` Revised-02/22/13
2/13
550 Fannin St,Suite 5 10
Beaumont,To s 77701
(IC2
LL�LE Fax:(409)d--916
CLIENT
City of Beaumont
Legend
PROJECT LOCATION
Tract 3—PmpcsedR.O.W.of Avenue A
Found Iron Rod Parcel Plat
Found Iron Pipe Showing a CITY COUNTY I STATE
0.029 Acre Tract of Land _Beaumont--Jefferson---T—To`xas
Found Concrete Monument
For The Proposed New SITE ADDRESS:Avenue A
Set 5/8: Iron Rod Avenue A R.O.W. D;�'F—E '�"-j—OBNUMBE FIELDBOOK SCALE
Marked Leap Eng." Q----nnt 1pffprson Co.,Texas --T7—/2009 ff.:CE271:�Qg8 011/076 1"=20'
OC All rights rese'ved This plat may not he reproduced in whole.
ri of LEAP Engineering LLC
EXHIBIT "B" or in Part withojt the written co z=
E LEAP NG/NEE E
July 2009
Surveyor's Field Note Description: Tract 15—0.015 Acre Tract (675 Sq. Ft.)
BEING a 0.015 acre tract of land out of and a part of that certain Followers of Christ Deliverance
Ministries called 0.24 acre tract of land,more fully described and recorded in Clerk's File No. 9535750 of
the Official Public Records of Jefferson County, Texas. Said 0.015 acre tract being situated in the J.W.
Bullock Survey,Abstract'No.7 and is more particularly described as follows:
,'Vote: All bearing noted herein are referenced to the State Plane Coordinate System, Texas South
Central Zone, N41) 83. All distances noted herein are surface distances in U.S. Sun, v Feet.
BEGINNING at a point for the Southeasterly corner of said Followers of Christ 0.24 acre tract, same
being the common Northeasterly corner of that certain James and Patsy Boles tract, more fully described
and recorded in Clerk's file No. 2003011399 of said Official Public Records and Lot 16A of the Re-plat
recorded in Volume 16, Page 389 of the Map Records of Jefferson County, Texas, same being in the
existing Southwesterly right-of-way line of Avenue "A";
THENCE South 86 deg. 03 min. 20 sec. West along and with the Southerly line of said Followers of
Christ called 0.24 acre tract, same being the common Northerly line of said Boles tract and said Lot 16A,
a distance of 9.01 feet tc a 5118-inch iron rod with cap stamped "LEAP ENG" set for the Southwesterly
corner of the herein described 0.015 acre tract, from which a 1-inch iron pipe found for the common
Northwesterly corner of said Boles tract and said Lot 16A bears South 86 deg. 03 min. 20 sec. West a
distance of 145.05 feet;
TEIENC:E North 31 deg. 02 min. 36 sec. West along and with the Southwesterly line of the herein
described 0.015 acre tract a distance of 81.53 feet to a 5/8-inch iron rod with cap stamped"LEAP ENG"
set for the Northwesterly corner of the herein described 0.015 acre tract,same being in the Northwesterly
line of said Followers o"Christ called 0.24 acre tract, same being in the Southerly line of`that certain
Dennis Knabeschuh cal'.ed 0.4757 acre tract of land, more fully described and recorded in Clerk's File
No. 2003043219 of said Official Public Records, from which a 1-inch iron pipe found for a common
angle point of said Followers of Christ called 0.24 acre tract and said Knabeschuh called 0.4757 acre tract
bears South 58 deg. 51 rr.in. 24 sec.West a distance of 52.29 feet;
THENCE North 58 deg. 51 min. 24 sec. East along and with the Northwesterly line of said Followers of
Christ called 0.24 acre tract, same being the Southeasterly line of said Knabeschuh called 0.4757 acre
tract, a distance of 8.14 feet to a 3/8-inch iron rod found for the Northeasterly corner of said Followers of
Christ called 0.24 acre tract, same being the Southeasterly corner-of said Knabeschuh called 0.4757 acre
tract, same being in the Southwesterly right-of-way line of said Avenue "A";
THENCE South 30 deg. 57 min. 48 sec. East along and with the Northeasterly line of said Followers of
Christ called 0.24 acre tract, same being the Southwesterly right-of-way line of said Avenue "A" a
distance of 85.65 feet to the PLACE OF BEGINNING- containing 0.015 acre (675 sq. ft.) of land, more
or less,
L4-e-
my D. Russell
egistered Professional land Surveyor No,"5808
Page 1 of 1
LEAP Engineering LLC 550 Fannin St, Suite 510,Beaumont, TX 77701 Tel:(409)813-1862 Fax:("409)813-1916
EXHIBIT "C"
A �
o �
4s nr
6 �
P �
c Dennis Knobeschuh 'O
(Called 0.4757 Acres) .4-
C.F. No. 2003043219
c
O.P.R.J.C.
Fnd. 3/8"
N 58°51'24" E 8.14' Iron Rod
�J;�q `•� Set 5/8" Iron
LJ Rod Marked
"Leap Eng.
o �
1
s
0.015 Acres
S 86'03'20" W 675 Sq. Ft. 'po 'o.�i
128.58 2 jo cS`] P
o-.-- Fnd. 1" '0 -7
Iron Pipe
Fnd. 1/2" of
Iron Rod
Followers of Christ G
Deliverance Ministries
(Called 0.24 Acres)
C.F. No. 9535750 sup"
O.P.R.J.C.
S 86°03'20"W 9.01'-
Set 5/8" Iron
Rod MorF:ed
"Leap Eng."
«— S 86'03'20" W 145.05'
P.O.B.
Fnd.
Iror Pipe
A
0
0 0`�
N I
6 Y
James and Patsy Boles p
C.F. No. 2003011399
Q.P.R.J.C.
(Called Lot 16A of Block 16
Annie T. Warren Sub.)
Vol. 16, Pg. 389
M.R.J.C.
Note: All Bearings Shown Hereon
'n Are State Plane, Texas South Central
Zones. NAD 83: All Distances Shown
Are Surface U.S. Survey Feet.
550 Fannin as P®510
Beaumont,Texas xa�77701
I E/YvInfEE4/IVG
Fax
(�d09J 813-1916
CLEFT
City of Beaumont
Legend --- —...__._- —--
�ECT LOC
Parcel Plat __ _F�oJiTloa
(G) Found Iron Rod Tract 15 Proposed R.O.W.0 AwmueA
Showing a -CITY
Cl Focnd Iron Pipe 0.015 Acre Tract of Land Beaumont- Jefferson—r Tezos
Found Concrete Monument For The Proposed New SITE ADORESS:AvenueA
• Set 5/8" Iron Rod _ Avenue_ A R.O.W. DATE j JOB NUM Es R I FIE BOOKK . SCALE_
07/2009 002=1008
Marked Leap Eng." Co.,Texas --___ ._- 0111076 1"=20
EXHIBIT "ID" CCJ All rights reserved.This plat may not be reproduced in whole
or in part without Cie written consent of LEAP Engineering L-C.
EEAP
LCAE
July 2009
Surveyor's Field Note Description: Tract \0-8.015 Acre Tract(660 Sq.Ft.)
BEING uO.0l5acre tract of land out of and a part of that certain Followers of Dennis Knabeschuh called
0.4757 acre tract of land, more fully described and recorded in Clerk's File No. 2003043219 of the
O[Ooio) Public Records of Jefferson Couo1y, Toruo. Said 0.015 nczo tract being situated in the J.W.
Bullock Survey, Abstract No. 7 and is more particularly described as follows:
No/c: All beur��noted herein are referenced to the State Plane Coordinate 3\n/en' Texas South
Central Zone, NfD83. All distances noted herein are surface distances in U.S. Survey Feet.
BEGINNING at u 3/8-inub icno rod found for the Southeasterly corner of said Knub000bub called 0.4757
uorc tract, same being the Northeasterly morucrnf that certain Followers of Christ Deliverance Ministries
called 024 acre bout of laud, more fully described and rcon,dcd in C|cxk`a file No. 9535750 of said
Official Public Records, same being io the existing Southwesterly riobt'of-"ruy line oI Avenue ^'/\";
THENCE South 58deg. 51 min. 24 see. West along and with the Southeasterly line of said Knubcacbob
called 0.4757 uorc tTaut, same being the Northwesterly line of said Followers of Christ called 0.24 uono
1znc{` u dia1unoo of 8,L2 feet to u 5/8-inch iron rod with cup stamped "LEAP ENG" set for the
Southwesterly comer of the herein described 0.015 aor� tro t` from which a l-inob iron pipe for
o
common angle point ofsaid Followers of Christ called 0.24 acre tract and said Knabeschuh called 0.4757
acre tract bears South 5Qdeg. jl min. 24 see. West u distance of52.29feet;
THENCE North ]l deg 02 min. 36 sec. VVoo1 along and with the Southwesterly line of the herein
described 0.0l5 acre tract udistance of8l.58 feet to a 5/8'incb iron rod with cap xtonzpcd ^^{~6/\9 EN[}"
set for tho}Jortbvvester1ycomer of the herein described 0.015 uco: tract, same being bu the Northwesterly
line of said Knabeschub called 0.4757 acre tract, same being in the Southerly line of that certain Dorothy
Hawkins Estate called l.Ll7 acre tract of land, more fully described and recorded iuVolume 1297, Page
304 of the Deed Records of Jefferson County, Texas, from which a 4-inch iron pipe found for a common
angle point of said Knobeochob called 0.4757 uurc boo1 and said 8awldna called I�l}7 noru 1roo1 bears
South 59 deg. 4h min. O9 sec. West a distance ofl03.20feet;
TI{ENCBNortb 59 dea. 46 min. 00 ncc. East along and with the Northwesterly line of said Kzuhcaobub
called 0.4757 acre tract, yuoze being the Southeasterly line of said 8uv/k-ioo called 1.117 acre buct, a
distance of 8.25 feet to a 3/8-iocb iron rod found for the Northeasterly oococr of said Knahosobub called
0.4757 acre tract, same b�-bug the Southeasterly comer of said Hawkins called l.l\7 acre tract, same being
in the Southwesterly dgbl-nt-vvuy line uf said Avenue '^/\",
'THENCE South 30 deg. 57 min. 48 mco. Suat u|mzg and with the Northeasterly line of said %nabescboh
called 0.4757 acre tract. same being the Southwesterly riuht-n[-o/uy line o[said Avenue ^^/\" a distance oF
8l.45 feet\o the PLACE(}EBBGD\NING, containing 08\5 acre(668sq. ft.)o[land, more mrless.
�
�uau�"
7 -
sneccd Professional Luod Surveyor No. 5008
Page/of I
LEAP Engineering LLo 5oo Fannin St, Suite a/0, Beaumont, rx7r70 nxQ4e9)813'1863paxl409)813-1916
EXHIBIT "E~
6
Dorothy Hawkins Estate �
(Called 1.117 Acres) "p
Vol. 1297, Pg. 304
D.R.J.C. \
N 59°46'09" E 8.25' Fnd.Iron Rod Rod
Set 5/8" Iron
Rod Marked
"Leap Eng."
+�L
qo s N
(P 9
0.015 Acres
59 A60 668 Sq. Ft.
o 3T� �-7
O o
a, cP>
Dennis Knabeschuh
—�Fnd. 4" (Called 0.4757 Acres) �7
Iron Pipe C.F. No. 2003043219 'cS
O.P.R.J.C.
P.O.B.
b I� Fnd. 3/8"
�o S 58°51'24"W 8.12'- Iron Rod
Set 5/8" Iron
C� Rod Ma4ed
O "Leap Eng."
o
SS
a A
6 �
s
Fnd. 1"
W 128.58'
�'--' S 86'03'20" Iron Pipe
Fnd. 1/2" Followers of Christ
Iron Rod Deliverance Ministries
(Called 0.24 Acres)
C.F. No. 9535750
O.P.R.J.C.
i
Note: All Bearings Shown Hereon
Are State Plane, Texas South Central
Zones. NAD 83: All Distances Shown
(�' v Are Surface U.S. Survey Feet.
550 Fannin S;Suite 510
9oaumo.,4 Te.:_ 7770.'
It =1 ENGINEER/NG Tor(409)fife 1662
Fax(409)813-4916
CLIEkdT
City of Beaumont
Legend ---------
Parcel Plat _ PROJECT LOCATION
Found Iron Rod Trad16PmpmWR.6.W.o(A..A
Showing a - co�v —�— couNSn sraTE
C1 Found Iron Pipe 0.015 Acre Tract of Land _ -- Beaamont _[_ Jofer;c T=s,
L"j Found Concrete Monument For The Proposed New SITE ADDRESS'Am3nue A
Set 5/8" Iron Rod Avenue
venue A R.O.W. DATE�_ J MUMBE_
_FIELD BO SCALE
Mcrked Leap En Texas 07/2009 002-1000_ 011/076 1"=20'
EX H I B I T �
110 RII righPS rved.This plat may not be rep oduced in whole
or in part without the wntien consent of LEAP Engineering LLC.
a- 1-T417
JAY 2009
Roviqed: 10 1 D2012
Surveyor's Field Note Description: Tract 17—0.026 :acre Tract (66S Std.Ft.)
BEANG a 0_�')26 act, tr.rct of Nnd orrt of and a part of that certain Km Dmid (Anelas and Sylvia Chnslas
called 1.l 17 acre tract of On& n-wre 1411y described and recorded in Clerk File No. 2012010121 of th,e
Official Prdh is Reccnds of Jefferson County, Tesas. Said 01.026 acre tract being situated in t1n J.W,
Bullock Sur icy,y, Abstract 7 and is more particularly &scrihed as foilo"%s:
Now: - 11 C l"fn q(h. d lCC1). CiP )Ekr YtY t0 fC nTt P
EJP Cm71`tlrlacrlE' ,`51'Sa'ttt, n'a"C`S SOitl/'2
C rear;-al 7 me. NAD Si. All distances noted/"Crain arc trrlLzc ill U.S. Sttrl cy Fc,
BEGINNING at a 3NAnch iron rod found for the Southeasterly corner of said Ornelas called 1.1 17 acre
tract, same being the Nrxtheasterly corner of that certain Dennis Knarbcschuh called 0.4757 acre tract of
1 and, nnow 011y described and recorded in Cle-rk's We No. 20030)43219 of the Official Public Records of
Jell-erson County, Texas, same being in the exisjKg Somh""emorly tight-of-wary Re of Anva n -A-,
TIIENC"E South 59 deg. 45 min.09 sec. hTst along and Kh Be Southeasterly We of said (tacks called
1.117 rcrc tract, same being the Northvvcmerly line of said Knabeschuh called 0.4757 acre tract, a
distance of N25 feet to a 5MAnch inn rod N ith cap stamped "LSAT' ENG" set for to SwrthwaswHy
comer of the herein described 0.026 acre tract, from which a-I-inch iron pipe Und IT a cctnammi angle
point of sod Knahescinh called OA757 acre tau and said Ornelas calla:d 1 .1 17 acre tract be trs youth 59
de, 46 min. 09 sec, West a distance of 10320 feet;
THENCE North 31 deg. 02 Hain. 36 sec. Vjest ak rtg and "ith the Southwesterly line of the herein
described 0.026 acre trot a distance of 139.57 feet to a 58-inch iron rod sit cap stamped "LEAP ENG"
sct for the N�)nlw esterly corner of Be herein described 0,026 acre tract. sarnf� being, in the Northerly line
of said Ornelas called l 1 17 acre tract, same being in the Southerly fine of that certain Ronald L. Johnson
called 01202 acre tract of rand, more fully described and recorded in Volume 1069, Page 603 of le Deed
Records of.fcMwson County, Texas, from which a InAr ch iron rod found for the Southwe terly corner of
sAJ Johmmn called 0.202 .sere-tract bears South 86 deg. 33 main. 36 sec. West a distance of 1 61.4- feet;
]"TIFNCE North S6 dyv 33 min. 36 sec. East along and with Be Northerly line of said Orneks called
1.1 17 .acre triad, sane bAng the Southerly line of said Johnson called 0.202 acre tract, a di>tarncL� of 9.'2
fcctt to 'a 3/,S-inch iron rod found for the Northeasterly corner of said Ornelas called 1.1 1 7 acre tract, same
Tieing the Southeasterly c,xna of said Johnson called 0102 .acne tract, same being in the South,,�csterl4.
W-ofm� v tube,of said ." vame"V"a
T11ENVE South 30 deg. _`7 min. 48 sec. East along and m ith th'. Northeasterly line of sand CJrnews Called
1.1 17 .rare tract, mme hK 7g Be Sotrth"sisterly right-of-", line of said Wean `A" a distance of 13508
feet to the PLACE GF DEGIIN'tiTNG. contarinin, 0.026 acre (1`68 sq. ft.) of land, more or
t--Ix a ty D Russell
I gota d lVoOssional UK Surveyor No 5M-0
t
Page I of 1
LEAP En#nwrNg LLC 550 rarnin St, Suite 510, Leaurnonf, TX 7-701 WPM 6151862 M aN0_) 5151915
EXHIBIT "G"
o q
0
Ross Goots
(Called 0.9110 Acres)
2008035081
O.P.R,J.C.
Ronald L. Johnson
o
(Called 0.202 Acres) ol
VOL 1069, Pg. 603
D.R.J.C-
N 86'33'36" E 9.52'
Fuld- 3/8"
Iron Rod
Set 5/8" Iron
Rod Marked
Fn J. 1/2" "Leap Eng.'
Iron Rod
0.026 Acres
1147 Sq. Ft.
0 '0,
�3, " I .p 0
.0
Juan David Orneics and Sylvia Ornelas
(Called 1.117 Acres)
C.F. No. 2012010124
O.P.R.J.C.
S 59'46'09"W 8.25'
Set 5/8" Iron
Rod Marked
p�Eng," P.O.B.
Fnd. 3/8-
1 ran Rod
t9
1'�_11�14
Dennis Knobeschuh
Fnd. 4" (Called 0.4757 Acres)
Iron Pipe C.F_ No' 200304,3219
O.P.R.J.C.
Note: All Bearings Shown Hereon
Are State Plane, Texas South Central
Zones. NAD 83: All Distances Shown
T Are Surface U.S. Survey Feet.
-10/11/2012
Revised
j
905 Orleans Stre.;t
Beaumont,Texas 77701
Offi
Tel:(409)813-1862
ax:(409)81?-tZ,�o
CLIENT
City of Beaumont
Legend PROJECT LOCATION
Found iron Rod Parcel Plat T—rac�-i7-F�r-oposedR.O.W.ofAven��e/�_
Showing a _j__COUNTY I STATE
!'ound Iron Pipe 0.026 Acre Tract of Land _—Boa-umont-_ Jefferson Texas
Found Concrete Monument For The Proposed New SITE ADb_REff_Av*e_nue A
T
Set 50' Iron Rod Avenue A R.O.W. DATE ,YOPCUM�B�Rl FIELD�sOQK �SCALE
iAorke -Leap Eng." Co., Texas nti669662 1Bo—Boi i t676 I l__._
,'g)All,gh�mrvod�TN�pl.t may of be mmod d
EXHIBIT "H" or in part mthoul the wrtten consent of LFAP E on'dg LLC.
ELVAE
July 2009
Revised: Au<Zust 2012
Surveyor's Field Note Description: Tract 18—0.018 Acre Tract (781 Sq. Ft.)
BEING a 0.018 acre tract of land out of and a part of that certain Areli and Marisol Denova called 0.202
acre tract of land, more fully described and recorded in Clerk File No. 201/007023 of the Official Public
Records of Jefferson County, Texas, Said 0.018 acre tract being situated in the TAV. Bullock Survey,
Abstract No. 7 and is rr.ore particularly described as follows:
Note: All bearing noted herein are referenced to the State Plane Coordinate Siw1c rr, Texas South
Central Zone ;17.,]D 83. All distances Noted herein are surface distances in t S. Survey Feet.
BEGINNING at a 318-inch iron rod found for the Southeasterly corner of said Denova called 0?02 acre
tract, same being the Northeasterly corner of that certain Dorothy I lawkins Estate called 1.1 17 acre tract
of land, more fully described and recorded in Volume 1297, Page 304 of said Deed Records, same being
in the existing Southwest'.-rly right-of-way line of Avenue "A"-
TIII?NCE South 86 deg. 33 min. 36 sec. West along and w1di the Southerly line of said Denova called
0.202 acre tract, same being the Northerly line of said I-la,,vkins called 1.117 acre tract. a distance of 9.52
feet to a 5i8-inch iron ro,J with cap stamped ``LEAP ENG" set for the Southwesterly corner-of the herein
described 0.018 acre tract, from which a 1/2-inch iron rod found for the Southwesterly corner of said
Denova called 0.202 acre tract bears South 86 deg. 33 rnin. 36 sec. West a distance of 161.48 fect:
THENCE North 31 deg,. 02 ruin_ 36 sec. West along and With the Southwesterly line of the herein
described 0.018 acre tract a distance of 89.80 feet to a 5/8-inch iron rod with cap stamped `[-I--'AP ENG"
set for the Northwesterly corner of the herein described 0.018 acre tract, same being in the Nortli vesterly
line of said Denova called 0.202 acre tract, same being in the Southeasterly line of that certain Ross Goats
called 0.9110 acre tract of land, more fully described and recorded in Clerk's File No. 2008035081 of the
Official Public Records of Jefferson County, Texas, from which a 1/2-inch iron rod found for the
Northwesterly corner of said Denova called 0.202 acre tract bears South 62 deg. 24 min. 30 sec. West a
distance of 135.50 tect;
'T`i IENC.E North 62 deg. 24 min. 30 sec. East along and with the Northwesterly line of said Denova called
0.202 acre u•act. same being the Southeasterly line of said Goats called 0.9110 acre tract, a distance of
8.54 feet to a 5/8-inch ir.>n rod found for the Northeasterly corner of said Denova called 0.202 acre tract,
same being the Southeasterly corner of said Goats called 0.9110 acre tract, same being in the
Southwesterly right-of-Gay line of said Avenue"A'
1 HENCE South 30 deg. 57 min. 48 sec. East along and with the Northeasterly line of said Denova called
0.202 acre tract, same being the Southwesterly rig-lit-of-way line of said Avenue "A" a distance of 93.69
feet to tine PLACE OF BEGINNING, containing 0.018 acre (781 sq. ft.) of land,more or less.
6ei, . fZus Il 5r"
Rc-2stered Professional [_.and Surveyor No. 5808
A` e
Page 1 of 1
LEAP Engineering LLC 550 Fannin St,Suite 510.Beaumont. TX 77701 Tel:(409)813-1862 Fax:(409)813-1916
EXHIBIT "I"
%
Ross Goats
(Called 0.9110 Acres)
2008035081
O.P.R.J.C.
Fnd. 5/8"
N 62'24'30"E&54' Iran Rod
Set 5/8" Iron
Rod Marked
*Leap Eng.*
'2�10 0.018 Acres
Cres
781 Sq. \
Ft.
Fnd. 1/2'
Iron Rod CP,
ro.
Wood
Residence
Areli and Marisol Denova
(Called 0,202 Acres)
C.F. No. 2011007023
O.P.R.J.C, S 86*33'36"W 9�52'
W Set 5/8' Iron P.O.B.
s 86*33 36 161.48* Rod Marked
"Leap Eng." Frid. 3/8"
Fnd. 1/2" Iron Rod
Iron Rod
-a
0
Dorothy Hawkins Estate
(Called 1.117 Acres)
Vol, 1297, Pg. 304
D,R,j.C�
Note; All Beor'ngs Shown Hereon
Are State Plane, Texas South Central
Zones. NAD 83: All Distances Shown
Are Surface U.S. Survey Feet.
Rev'ised-02/22/13
905 Orleans Street
Beaumont,Texas 77701
Tei,(1109)813-1862
j-, Fax:(-;0Gjj13-i9�o
CLIENT
City of Beaumont
Legend —'------PR-0JECf—LOCAf16N---
Found Iron Rod Parcel Plat Tract 18 Proposed R.O.W.of Avenue A
Found Iron Pipe Showing a CITY -- COUNTY STATE
0.0 18 Acre Tract of Land �i-ea—umont -J—effer2� Texas
Found Concrete Monument For The Proposed New SITE ADDRESSi Avenue A
UA-TE:2:0:B N=11M���
Set 5/8. Iron Rod Avenue A ROW ��C_�ALE
Marked Leap Eng. n Co.,Texas .1_��_20'
EXHIBIT "J" C)All rgrhi T—iived,This plat may not be reproduced in whole
or in pan wifficut the written consent of LEAP Engineering LLC
xkgAf
JUIV 2009
Revised: February 22, 2013
Surveyor's Field Note De>cription: `bract 19—0.032 Acre Tract(1,396 Sq.Ft.)
BEING a 0.032 acre tract of land out of and a part of that certain Calvin Bolds called 0.91 10 acre tract of
land, more fully described and recorded in Clerk's File No. 2012035473 of the Of'ficial Public records of
Jefferson County, "Texas. Said 0.032 acre tract being situated in the J.W. Bullock Survey, Abstract No. 7
and is more particularly described as follows:
Note: All hearing noted herein are referenced to the State Plane Coordinate S}-stein, i"e_vas Sown
Ceno-al Zone, NAD 83. All distances noted herein are swface distances in U.S. Si.tri,cY Feet.
BEGINNING, at a 5/8-inch iron rod found for the Southeasterly corner of said Bolds called 0.9110 acre
tract, same being the Northeasterly corner of that certain Ronald L. Johnson called 0.202 acre tract of
land, more fully described and recorded in Volurne 1069, Paoc 603 of the Deed Records of Jefferson
County, Texas, same being in the existing Southwesterly right-of-way line of Avenue"A";
THENCE South 62 deg-. 24 min. 30 sec. West along and with the Southeasterly line of said Bolds called
0.9110 acre tract, same b2ing the Northwesterly line of said Johnson called 0.202 acre tract, a distance of
5.59 feet to a 5/8-inch Ulm rod with cap stamped "LEAP ENG" set for the Southwesterly corder of the
herein described 0.032 acre tract, from which a 1/2-inch iron rod found for the Northwesterly corner of
said Johnson called 020:. acrd tract bears South 62 deg. 24 inin.30 sec. West a distance of 135.50 feet;
THENCE North 31 dec,. 02 inin. 36 sec. West along and with the Southwesterly line of the herein
described 0.032 acre tract a distance of 162.76 feet to a 5/8-inch iron rod with cap stamped "LEAP ENG"
sex for the Northwesterly corner of the herein described 0.032 acre tract, same being in the Northerly line
of said Bolds called 0.91 10 acre tract, same being in the Southerly right-of-way line of Virginia Street;
THENCE North 56 deg 34 ruin. 24 sec. East along and with the Northerly Line of said Bolds called
0.9110 acre tract, same I eing the Southerly right-of-way line of said Virginia Street, a distance of 9.92
feet to a 5/8-inch iron rod found for the Northeasterly corner of said Bolds called 0911.0 acre tract, same
being at the intersection Of the Southerly right-of-way line of said Virginia Street and the Southwesterly
right-of-way line of sa_fd Avenue"A";
THENCE South 30 deg, 57 min. 48 sec. East along and with the Northeasterly line of said Bolds called
0.9110 acre tract, same being, the Southwesterly right-of-way line of said Avenue "A" a distance of
158.68 feet to the FLAG OF BEGINNING,containing 0.032 acre (1,396 sq. ft.) of land, more or less.
��wren Russell --
lReL-istered Professional land Surveyor No. 51,
Page 1 of 1
LEAP Engineering LLC 550 Fannin St,Suite 510,Beaumont, TX 77701 Tel:(409)813-1862 Fax:(409)813-1916
EXHIBIT "K"
-------------
Virginia Street
Existing 4C)' R�O-W-
N 86'34'24" E 9.92'
Fnd. 5/8'
Fria, 1 Iron Rod
Iron Pipe S B6'34'24' W 164.26' Set 5/8' Iron
Rod Marked
'Leap Eng.*
0.032 Ac I
1396 Sq. Ft.
Wood
Residence
bo
�7
,p
Calvin Bales
(Called 0,9110 Acres)
2012035473
O.P.R.J.C.
IN
j S 62'24'30"W
,5) 8.59'
Wood ROB�
Residence Fad. 5/8"
Set -5/11" Iron Iron Rod
Ro, Marked
Leap Eng.'
0
c�
.0
Ronald L Johnson
(Called 0.202 Acres)
Fnd- 1/2' Vol. 1069, Pg. 603
Iron Rod
Dorothy Hawkins Estate
(Called 1.117 Acres)
Vol. 1297, Pg. 304 Note: All Bearings Shown Hereon
D.R.J.C. Are State Plane, Texas South Central
Zones. NAD 83: Al Distances Shown
Are Surface U.S. Survey Feet.
Revised-02/22/13
550 Fannin St,Suite 510
Beaumont,Texas 77701
Tel.(409)8 13 1862
CLIENT
City of Beaumont
Legend PROJECT LOCATION
Found Iron Rod Parcel Plat Tract 19 P—ropos"ed—RO.W.of—Avenue A-
-COUNTY I STATE
Showing a CFTY
Found Iron Pipe 0,032 Acre Tract of Land Beaumont
Found Concrete Monument For The Proposed New SITE ADDRESS�Avenue A
SCALE
DATE 1 J B NLTM—S—E—R-7FIELD—BOOKI
set 5/8: Iron Rod. Avenue A ROW
--6�7—Y2009 002-1008 1*=30'
Marked Leap Eng, P—,—t ltoffior—rh ('0.,Texas L 111076
(0-All rights re-wed. This plat may not be reproduced in who�e
EXHIBIT "U I or in part without the written Consent of LEAR Engineering LLC,
ItICH WITH OPPORTUNITY
1111EA,111�lulli
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: October 1, 2013
REQUESTED ACTION: Council consider a resolution authorizing the execution of a
License to Encroach Agreement with John Limbrick.
BACKGROUND
There is an existing structure and a brick wall located at 2680 Dauphine Place encroaching into a
sixteen feet (16') utility easement in Lot 1 and the West 45' of Lot 2. Block D, Virginia Estates
Addition. The structure encroaches three feet.
The request from John Limbrick, the owner of the structure and brick wall, was submitted to all
city departments and utility companies with no response from Centerpoint Energy. Tile City
Utilities Department approved the license to encroach with the following conditions:
The City of Beaumont will not be responsible for any damages to the structure and the brick wall
if the sanitary sewer line should ever develop a cavity or due to any repairs to the City main by
City crews. The City of Beaumont shall not be responsible for the repair and replacement of any
paving or other structures within the Easement property.
The License Agreement protects the City from liability and provides a thirty (30) day
cancellation clause.
FUNDING SOURCE
There is a one time non-refundable fee of$500 from John Limbrick for the License to Encroach.
RECOMMENDATION
Approval of resolution.
RICH WITH OPPORTUNITY
[I I'E A,1111 C1 1'rk 10 Application for License to Encroach
City of Beaumont, Texas
T E - X - A - S
1. NAME OF APPLICANT: —���b�n L r G
ADDRESS: c� 6Y020Gctt2k,k7n `Pf PHONE: 40'/ d61
2. AUTHORITY OF APPLICANT: �Vw
3. NAME OF OWNER:
ADDRESS: D r'tu inkdkle Ej PHONE:
LEGAL DESCRIPTION OF OWNER'S PROPERTY (Lots, Blocks, Subdivision)
TO BE SERVED BY EASEMENT OR RIGHT-OF-WAY:
131 LC- y'2 I o c _
T
4. DESCRIPTION OF EASEMENT OR RIGHT-OF-WAY INVOLVED: _
5. PRESENT USE OF EASEMENT OR RIGHT-OF-WAY (List Utilities if Present):
l-I l I 14q) �(tl;e�T-v p'-�
6. USE OF EASEMENT OR RIGHT-OF-WAY DESIRED BY OWNER:
7. ATTACH A MAP OR PLAT DELINEATING THE EASEMENT OR PUBLIC
RIGHT-OF-WAY (Dimensioned and to Engineering Scale). PLEASE INCLUDE
ALL, PERTINENT INFORMATION ON THE MAP:
i. Distances from edge of pavement or back of curb
ii. Street names and nearest cross streets
iii. Side of the street [east, west, north, south]
S. COST TO BE PAID FOR LICENSE TO ENCROACH AT TIME APPLICATION
IS SUBMITTED — S500 SAID COST BEING NON-REFUNDABLE.
TO THE BEST OF MY KNOWLEDGE, THE ABOVE INFORMATION IS TRUE AND
CORRECT.
IGNATURE
RESOLUTION NO.
WHEREAS, John Limbrick has requested that the City of Beaumont grant a License
to Encroach into one (1) sixteen foot (16') utility easement at 2680 Dauphine Place, which
is described as being out of Lot 1 and the West 45' of Lot 2, Block D, Virginia Estates
Addition, to the City of Beaumont. The encroachment being one (1) existing structure and
brick wall overlapping 3' into the 16' utility easement as described in Exhibit"A" and shown
in Exhibit "B," attached hereto and made a part hereof for all purposes; and,
WHEREAS, City staff has expended considerable time and effort in investigating
the effect of such encroachment upon the City easement and utilities therein; and,
WHEREAS, it appears that it would be equitable to allow such encroachment at this
time, subject to the following conditions:
• The City of Beaumont will not be responsible for any damages to the
structure and the brick wall if the sanitary sewer line should ever develop a
cavity or due to any repairs to the City main by City crews.
• The City of Beaumont shall not be responsible for the repair and
replacement of any paving or other structures within the easement property;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute a License to
Encroach with John Limbrick to encroach into one (1) sixteen foot (16') utility easement at
2680 Dauphine Place, which is described as being out of Lot 1 and the West 45' of Lot 2,
Block D, Virginia Estates Addition, to the City of Beaumont. The encroachment being one
(1) existing structure and brick wall overlapping 3' into the 16' utility easement, as
described in Exhibit"A" and shown in Exhibit"B," attached hereto and made a part hereof
for all purposes for a one-time fee of Five Hundred Dollars ($500.00) for the License to
Encroach, subject to the following conditions:
• The City of Beaumont will not be responsible for any damages to the
structure and the brick wall if the sanitary sewer line should ever develop a
cavity or due to any repairs to the City main by City crews.
• The City of Beaumont shall not be responsible for the repair and
replacement of any paving or other structures within the easement property.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of
October, 2013.
- Mayor Becky Ames-
LICENSE TO ENCROACH
STATE OF TEXAS X
ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
On the date :last indicated below, the City of Beaumont, a municipal corporation, of
Beaumont, Jefferson County, Texas, herein called "Licensor" and John Limbrick, owner,
hereinafter called "Licensee", contracted and agreed as set forth herein.
Licensee desires a license from Licensor to use that real property (the subject of this
license agreement) described as follows:
Said encroachment being a structure encroaching three feet (Y) and a brick wall
overlapping a sixteen foot (16') utility easement on Lot 1 and the West 45' of Lot
2, Block D, Virginia Estates Addition (2680 Dauphine Place). Said encroachment
is shown on Exhibit "A", attached.
Subject property may continue to be occupied and used by Licensee solely in connection
with the existing stnictures and for incidental purposes related thereto during the term of this
license or until termination thereof. Said license shall terminate upon removal or demolition of
said encroachment.
Substantial improvements shall not be made upon any encroachment without first
obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when
and to what extent such improvements are to be made. A copy of this license shall be attached to
such notice.
Substantial improvement means any repair, construction, or improvement of a structure,
the cost of which equals or exceeds twenty-five percent (25%) of the market value of the
structure either: (1) before the improvement or repair is started; or (2) if the structure has been
damaged and is being restored, before the damage occurred. For the purposes of this definition,
"substantial improvement" is considered to occur when the first alteration of any portion of the
structure commences, whether or not that alteration affects the external dimensions of the
structure. The term does not, however, include any projects or improvements of a structure to
comply with existing, state or local health, sanitary, or safety code specifications which are solely
necessary to protect the health, safety and welfare of the public, inhabitants, or users of such
structure.
In t'ae event the City of Beaumont, by resolution of the City Council., determines it needs
the subject property, or any part thereof, for the benefit of the City or to protect the health, safety
or welfare of the public, and it terminates This license of any part thereof; Licensee shall not
receive any compensation and the City of Beaumont shall not be liable therefore, whether for the
value of property taken, damage to the abutting or remaining property or improvement, loss of
Page 144
EXHIBIT "A"
business or profit, loss of access, or otherwise.
Licensee shall at all times indemnify and hold harmless Licensor and any franchised
entity of licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's
fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may
sustain, incur, be required to pay or become liable for, resulting in any manner from the
construction, maintenance, use, state of repair, or presence of such encroaching structure.
Licensor, and any franchised entity of Licensor, reserves the right to make improvements,
perform maintenance and construction to the right-of-way or premises covered by this license
where such is deemed necessary for the health, welfare and safety of the community. In doing
so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage
occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against
such parties for any such damage sustained by Licensee to said encroaching structure or any
abutting or attached structures, improvements or land caused by the removal or alteration of any
encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of
Licensor any additional costs resulting from the encroachment.
Licensor will not be responsible for any damages to the structure and the brick wall if the
sanitary sewer line or the storm sewer should ever develop a cavity or due to any repairs to the
Licensor main by Licensor crews. The Licensor shall not be responsible for the repair and
replacement of any paving or other structures within the Easement property.
Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject
property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be
responsible for any damages to the structure if the sewer main should ever develop a cavity or
due to any repairs to the Licensor main by Licensor crews.
As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of
Five Hundred Dollars (5500.00). Said sum being non-refundable.
This license shall be recorded in the Real Property Records in the Office of the County
Clerk of Jefferson County, Texas by Licensor.
This agreement is terminable by either party by giving written notice to the other
specifying the date of termination. Said notice shall be given not less than thirty (30) days prior
to the tennination date, therein specified, and shall be recorded in the Real Property Records in
the Office of the County Clerk of Jefferson County, Texas by Licensor.
This license is neither assignable nor transferable except in conjunction with, and as part
of, Licensee's conveyance of all the abutting property this license serves, through probate or
warranty aecd or lease. In any such event, Licensor shall be notified of such oc�urrence by
being delivered a copy of the document or documents conveying or leasing the same.
Pagc 2 of 4
Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of
the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to
Licensee or their successors shall be sufficient if mailed or hand delivered to Property Owner at
2680 Dauphine Place, Beaumont, Texas 77705.
IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of
the day of 12013.
LICENSOR: LICENSEE:
CITY OF BEAUMONT
By: _ By:
KYLE HAYES JOHN LIMBRICK
CITY MANAGER
Page 3 of 4
ACKNOWLEDGMENTS
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of ,
2013, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf
of said corporation.
Notary Public, State of Texas
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of
2013,by John Limbrick.
Notary Public, State of Texas
RETURN 'TO:
City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, Texas 77704
Page 4 44
CLIENT: JOHN F LIM�RI CIL c� NTHIA_IM RIOF< ____-'//— ___ C I N,_,
i° T BRICK WALL BRICK WALL �-
_- _L__ 1 ., 5.1
n <I
T 15' UTILITY EASEM ENI _
8' EACH SIDE ' 102 "
T - -j�- ---- ----- ----- - -- --
- 23.5 10,2
COVERED COVERED' .,
DETAIL
NIS
LOT 1 LOT 2 o
FOUND 5/e" 1 J
IRON ROD. -_--_-_-- -_.___. _._ __.--
(CALLED EAST 105.00)---- --- -- -- -� - -_
S 89'55'57• E 105.01 rFOUNC PK
PP N L
RICK WALL F RICK WALL
SANITARY SEWER '6'UTILITY EASEMENT
MANHOLE . u °' ° A'EACH SIDE 5
(C�pNEPG .,
/VE'
nCONCRETE" - COYERED^; COVERED WOOD
ON SLAB
IS
12.5 O
E-
a T I/2 S-CRY BRICK 3
RESIDENCE ON SLAB
0 A N x
�] AC IRON
E-I cATE -- 1
I
`m a z 2a.e c.e O nz MN
L) y a
Fi m j
-
I
�fI 15.]
L
-- - __-------._ _
25'BUILDING SETBACK LINE
-- LOT 1 - - --LOT 2
FOUND 1/2• FOUND 5/8'
FOUND 5/e' CAPPED IRON RDD,
IRON R00 IRON ROD
__-....__.i..__. _-
N 89'54'59'W 60.01 S 89'59'43' W 45.00
(GALLED WEST 60.00) (CALLED WEST 45.00)
FouND s/D S 89.59'43' W 15.07 J
LJ �J
(CALLED WEST 15 00)
D
2880 DAUU
PHINE PLACE
NOTE: THIS SURVEY WAS COMPLETED WITHOUT
ME BENEFIT OF A TITLE COMMITMENT.
0 10 20 NOT ALL EASEMENTS.WHETHER OF
RECORD OR NOT WERE RESEARCHED AT
S A L E ME TIME OF MIS SURVEY
DESCRIPTION of SERVICES REQUESTED: LOCATE CORNERS AND SHOW IMPROVEMENTS
SURVEYOR'S DER HE CAPON:
1 00 HEREBY CERTIFY,TO ME BEST OF MY KNOWLEDGE AND BELIEF,THAT THIS IS AN ACCURATE PLAT OF A SURVEY MADE ON III GROUND
UNDER MY SUPERVISION,SHOWING ALL IMPROVEMENTS AND ANY VISIBLE ENCROACHMENTS.AS OF NOVEMBER 21, 2005
THE ABOVE TRACT BEING LOCATED AT 2680 DAUPHINE PLACE, BEAUMONT• TEXAS 77705
AND BEING DESCRIBED AS LOT 1 AND THE WEST 45' OF LOT 2, BLOCK D OF VIRGINIA ESTATES
AS RECORDED IN VOLUME 11 .PAGE 95 OF THE MAP RECORDS OF JEFFERSON COUNTY,TEXAS.
IN ACCORDANCE WITH THE FLOOD INSURANCE RATE MAP,FEDERAL EMERGENCY MANAGEMENT AGENCY,COMMUNITY-PANEL NO. 485.457 0025 D
DATED 8-6-02 MI5 PROPERTY LIES IN THE ZONE NOTED. LOCATION ON MAP DETERMINED BY SCALE. ACTUAL FIELD ELEVAION NOT DETERMINED,
UNLESS REOUESTED.HTTZ k SHIPMAN.INC.DOES NOT WARRANT NOR SUBSCRIBE TO THE ACCURACY OR SCALE OF SAID MAP. . T.B.P E.FIRM/1160 T.X.LS.FIRM/100186
FLOOD ZONE (F.E.M.A.) X CENSUS TRACT 23 REVISION DATE
UPDATE IMPROVEMENTS 6-28-13
REVISE UPDATES 9-1'2-13 rtE tE`�•
REVISE UPDATES 9-18-13
� •1STE•I�•�•.1
WALTER J. KSIAZEK *y'QF'G
REGISTERED PROFESSIONA LAND SURVEY NO. 5321 .'......•••...............:.. ..
DATE: 11-28-05 Fittz&Shipman WALTER J.KS.....
....v..........J...........�..K
FIELD INC. ;sD2 r
OC OK NO.: 05-07 and Land&n ym •O�S51�•
J03 N0.:05652.0028 1405 CORNERSTONE COURT BEAUMONT. TEXAS .......
(409)832-7238 FAX (409)832-7303 SUR`lE
EXHIBIT "B"
J
RICH WITH OPPORTUNITY
r
T . E . X . A . S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
QQ
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: October 1, 2013
REQUESTED ACTION: Council consider a resolution authorizing the execution of a
License to Encroach Agreement with Miguel Garcia and Maria
Socorro.
BACKGROUND
There are two (2) existing structures located at 3930 Russell Drive encroaching into a ten foot
(10') utility easement in Lot 6, Block '-', Clara Baldwin Addition. The first structure encroaches
between 1.93' and 4.63'. The second structure encroaches 4.57 .
The request from Miguel Garcia and Maria Socorro, the owners of the structures, was submitted
to all city departments and utility companies with no response from Centerpoint Energy.
Entergy must maintain access to the pole lead. The City Utilities Department approved the
license to encroach with the following conditions:
The City of Beaumont will not be responsible for any damage to the structures if the sanitary
sewer line should ever develop a cavity or due to any repairs to the City main by City crews.
The City of Beaumort shall not be responsible for the repair and replacement of any paving or
other structures within the Easement property.
The License Agreement protects the City from liability and provides a thirty (30) day
cancellation clause.
FUNDING SOURCE
There is a one time non-refundable fee of$500 from Miguel Garcia and Maria Socorro for the
License to Encroach.
RECOMMENDATION
Approval of resolution.
HIGH WITH OPPO IT: NITY
rk[I I,:A�[I 1�1 (I I I" Application for License to Encroach
City of Beaumont, Texas
T E • X • A • S
1. NAME OF APPLICANT• Miguel A. Garcia & Maria Socorro
ADDRESS: 3930 Russell Drive PHONE: 409-651-3540
2. AUTHORITY OF APPLICANT:
3. NAME OF OWNER:
ADDRESS: PHONE:
LEGAL DESCRIPTION OF OWNER'S PROPERTY (Lots, Blocks, Subdivision)
TO BE SERVED BY EASEMENT OR RIGHT-OF-WAY: Lot: 6 Block: 2
Clara Baldwin Addition, Vol 7, Pg 116, Map Records, ,Jefferson
Ccunty, Texas
4. DESCRIPTION OF EASEMENT OR RIGHT-OF-WAY INVOLVED:
5 Feet Utility Easement
�. PRESENT USE OF EASEMENT OR RIGHT-OF-WAY (List Utilities if Present):
6 inch Sanitary Sewer line
6. USE OF EASEMENT OR RIGHT-OF-WAY DESIRED BY OWNER:
Wood Building Located within Easement
7. ATTACH A MAP OR PLAT DELINEATING THE EASEMENT OR PUBLIC
RIGHT-OF-WAY (Dimensioned and to Engineering Scale). PLEASE INCLUDE
ALL PERTINENT INFORMATION ON THE MAP:
i. Distances from edge of pavement or back of curb
ii. Street names and nearest cross streets
iii. Side of the street [east, west, north, south]
S. COST TO BE PAID FOR LICENSE TO ENCROACH AT TIME APPLICATION
IS SUBMITTED — S500 SAID COST BEING NON-REFUNDABLE.
TO THE BEST OF MY KNOWLEDGE, THE ABOVE INFORMATION IS TRUE AND
CORRECT.
w �
�%'�j%'�C�/,cf' ✓�C��--�.. � `,l C,'��f t2 l.~.21 Y�l r-'1
! SIGNATURE
RESOLUTION NO.
WHEREAS, Miguel Garcia and Maria Socorro have requested that the City of
Beaumont grant a License to Encroach into one (1) ten foot (10') utility easement at 3930
Russell Drive, which is described as being out of Lot 6, Block 2, Clara Baldwin Addition,
to the City of Beaumont. The encroachment being one (1) existing structure overlapping
between 1.93' and 4.63' and one (1) existing structure overlapping 4.57' into the 10' utility
easement as described in Exhibit"A" and shown in Exhibit"B," attached hereto and made
a part hereof for all purposes; and,
WHEREAS, City staff has expended considerable time and effort in investigating
the effect of such encroachment upon the City easement and utilities therein; and,
WHEREAS, it appears that it would be equitable to allow such encroachment at this
time, subject to the following conditions:
• The City of Beaumont will not be responsible to any damages to the
structures if the sanitary sewer line should ever develop a cavity or due to
any repairs to the City main by City crews.
• The City of Beaumont shall not be responsible for the repair and
replacement of any paving or other structures within the easement property;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute a License to
Encroach with Miguel Garcia and Maria Socorro to encroach into one (1) ten foot (10')
utility easement at 3930 Russell Drive, which is described as being out of Lot 6, Block 2,
Clara Baldwin Addition, to the City of Beaumont. The encroachment being one (1) existing
structure overlapping between 1.93' and 4.63' and one (1) existing structure overlapping
4.57' into the 10' utility easement, as described in Exhibit "A" and shown in E=xhibit "B,"
attached hereto and made a part hereof for all purposes for a one-time fee of Five Hundred
Dollars ($500.00) for the License to Encroach, subject to the following conditions.
• The City of Beaumont will not be responsible to any damages to the
structures if the sanitary sewer line should ever develop a cavity or due to
any repairs to the City main by City crews.
• The City of Beaumont shall not be responsible for the repair and
replacement of any paving or other structures within the easement property.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of
October, 2013.
- Mayor Becky Ames-
LICENSE TO ENCROACH
STATE OF TEXAS X
ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
On the date last indicated below, the City of Beaumont, a municipal corporation, of
Beaumont, Jefferson County, Texas, herein called "Licensor" and Miguel Garcia and Maria
Socorro, owners, hereinafter called "Licensee", contracted and agreed as set forth herein.
Licensee desires a license from Licensor to use that real property (the subject of this
license agreement) described as follows:
Said encroachment being two structures overlapping 10' (ten foot) utility
easement by 1.93' to 4.63' on Lot 6, Block 2, of the Clara Baldwin Addition
(3930 Russell Drive). Said encroachment is shown on Exhibit "A", attached.
Subject property may continue to be occupied and used by Licensee solely in connection
with the existing structures and for incidental purposes related thereto during the germ of this
license or until termination thereof Said license shall terminate upon removal or demolition of
said encroachment.
Substantial improvements shall not be made upon any encroachment without first
obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when
and to what extent such improvements are to be made. A copy of this license shall be attached to
such notice.
Substantial improvement means any repair, construction, or improvement of a structure,
the cost of which equals or exceeds twenty-five percent (25%) of the market value of the
structure either: (1) before the improvement or repair is started; or (2) if the structure has been
damaged and is being restored, before the damage occurred. For the purposes of this definition,
"substantial improvement" is considered to occur when the first alteration of any portion of the
structure commences, whether or not that alteration affects the external dimensions of the
structure. The term does not, however, include any projects or improvements of a structure to
comply with existing state or local health, sanitary, or safety code specifications which are solely
necessary to protect the health, safety and welfare of the public, inhabitants, or users of such
structure.
In the event the City of Beaumont, by resolution of the City Council, determines it needs
the subjec, property, or any part thereof, for the benefit of the City or to protect the health, safety
or welfare of the public, and it terminates this license or any part thereof, Licensee shall not
receive any compensation and the City of Beaumont �,itaii not oe liable therefore, whether for the
value of property taken, damage to the abutting or remaining property or improvement, loss of
business or profit, loss of access, or otherwise.
Pace i of 4
EXHIBIT "A"
Licensee shall at all times indemnify and hold harmless Licensor and any franchised
entity of licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's
fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may
sustain, incur, be required to pay or become liable for, resulting in any manner from. the
construction, maintenance, use, state of repair, or presence of such encroaching structure.
Licensor, and any franchised entity of Licensor, reserves the right to make improvements,
perform maintenance and construction to the night-of-way or premises covered by this license
where such is deemed necessary for the health, welfare and safety of the community. In doing
so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage
occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against
such parties for any such damage sustained by Licensee to said encroaching structure or any
abutting or attached structures, improvements or land caused by the removal or alteration of any
encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of
Licensor any additiona" costs resulting from the encroachment.
Licensor will not be responsible for any damages to the structures if the sanitary sewer
line or the storm sewer should ever develop a cavity or due to any repairs to the Licensor main
by Licensor crews. The Licensor shall not be responsible for the repair and replacement of any
paving or other structures within the Easement property.
Licensee shall riot permit trees, shrubs, plants, or any object to be placed on the subject
property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be
responsible for any damages to the structure if the sewer main should ever develop a cavity or
due to any repairs to the Licensor main by Licensor crews.
As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of
Five hundred Dollars ($500.00). Said sum being non-refundable.
This license shall be recorded in the Real Property Records in the Office of the County
Clerk of Jefferson County, Texas by Licensor.
This agreement is terminable by either party by giving written notice to the other
specifying the date of termination. Said notice shall be given not less than thirty(30) days prior
to the termination date, therein specified, and shall be recorded in the Real Property Records in
the Office of the County Clerk of Jefferson County, Texas by Licensor.
This license is neither assignable nor transferable except in conjunction with, and as part
of, Licensee's conveyance of all the abutting property this license serves, through probate, or
warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by
iNeing dciicefed a copy of the document or documenv� Lonveyir_t;or leasing the s.-mc.
Page 2 of 4
Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of
the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to
Licensee or their successors shall be sufficient if mailed or hand delivered to Property Owner at
3930 Russell Drive, Beaumont, Texas 77703.
IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of
the day of 2013.
LICENSOR: LICENSEE:
CITY OF BEAUMONT
By: _ By: --
KYLE HAYES MIGUEL GARCIA
CITY MANAGER
By: --
MARIA SOCORRO
Pagc 3 of'4
ACKNOWLEDGMENTS
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of ,
2013, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf
of said corporation.
Notary Public, State of Texas
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of ,
2013, by Miguel Garcia.
Notary Public, State of Texas
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of
2013, by Maria Socorro.
Notary Public, State of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy- Engineering
P. O. Box 3827
Beaumont,Texas 77704
Page 4 of-4
SCALE
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(CALL N21-48'OO"E 36.12')
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FND S25'17'00"W 60.00' FND S25'1756"W 136.04'
(CALL S25'1 7'00"W 60.00') FND S25'1 7'00"W 60.00' J (CALL S25'17'00"W 136.23')
(CALL S25'17'00"W 60.00')
FND S25'17'00'W 120.00'
(CALL 525'17'00"W 120.00')
REFERENCE BEARING PER PLAT RUSSELL DRIVE
(60' ROW)
SKETCH OF
TO THE OWNERS OF THE PREMISES SURVEYED ENCROACHMENT FOR
AS OF THE DATE OF THE SURVEY. 3930 RUSSELL DRIVE
1, THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY LOT 8, BLOCK 2
MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME CLARA BALDWIN ADDITION
OF THE SURVEY. VOL. 7, PG. 116, MC
DATE SURVEYED: AUGUST 19, 2013
BEA
REVISED DATE SURVEYED, COUNT SEPTEMBER 17 2013 , JEFFERSON
COUNTY, TEXAS
...... MARK A. MIiPIEIEY
AND ASSOCIATES
INCORPORATED
i c COM ALUM 39GUO ,
.............
S;RQWE• susyseoas AND PLARNM
5728 F—m
-7
..........
P. 0. Y�MN i�EO YSlQ/Rf.
THOMAS S. ROWE EXHIBIT "B" No. 5728 m"e
K
RICH WITH OPPORTUNITY
111'LA,111�ICIII
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart,V Public Works Director
MEETING DATE: October 1, 2013
REQUESTED ACTION: Council consider a resolution authorizing the execution of a
License to Encroach Agreement with John Abe Henderson.
BACKGROUND
There are two (2) existing structures located at 1710 Karen Lane encroaching into a fifteen foot
(15') utility easement in Lot 17 and adjoining portion of Lot 18, Block 1, Oakhill Terrace
Addition. The first structure encroaches between 4.13' and 6.82'. The second structure
encroaches 7.05'.
The request from John Abe Henderson, the owner of the structures, was submitted to all city
departments and utility companies with no response from Centerpoint Energy. The City Utilities
Department approved the license to encroach with the following conditions:
The City of Beaumont will not be responsible for any damage to the structures if the sanitary
sewer line should ever develop a cavity or due to any repairs to the City main by City crews.
The City of Beaumont shall not be responsible for the repair and replacement of any paving or
other structures within the Easement property.
The License Agreement protects the City from liability and provides a thirty (30) day
cancellation clause.
FUNDING SOURCE
There is a one time non-refundable fee of$500 from John Abe Henderson for the License to
Encroach.
RECOMMENDATION
Approval of resolution.
:"cICF VVITH OPPORTUNITY
nmi
[I 11E Application for License to Encroach
I
T E X A S City of Beaumont, Texas
1. NAME OF APPLICANT: Dr. John A. Henderson, I I I
ADDRESS: 1710 Karen Lane PHONE: 692-7146
2. AUTHORITY OF APPL-ICANT: Owner J
3. NAME OF OWNER: -,r o fl d� �?�� L Ems_
_ —v ADDRESS: 17 4,dR)Z l �-h• PHONE:TLI !�
LEGAL DESCRIPTION OF OWNER'S PROPERTY (Lots, Blocks, Subdivision)
TO BE SERVED BY EASEMENT OR RIGHT-OF-WAY:
Lot 17 andthe Adjoining Portion of Lot 18,Block 1, Oakhill Terrace Addition
4. DESCRIPTION OF EASEMENT OR RIGHT-OF-WAY INVOLVED:
15 Feet Utility Easement along the rear of the property
5. PRESENT USE OF EASEMENT OR RIGHT-OF-WAY (List Utilities if Present):
6" sanitary sewer and manhole
6. USE OF EASEMENT OR RIGHT-OF-WAY DESIRED BY OWNER:
Portion of Carport, sidewalk and accesory building to remain
7. ATTACH A MAP OR PLAT DELINEATING THE EASEMENT OR PUBLIC
RIGHT-OF-WAY (Dimensioned and to Engineering Scale). PLEASE INCLUDE
ALL PERTINENT INFORMATION ON THE MAP:
i. Distances from edge of pavement or back of curb
ii. Street names and nearest cross streets
iii. Side of the street [east, west, north, south]
8. COST TO BE PAID FOR LICENSE TO ENCROACH AT TIME APPLICATION
IS SUBMITTED — $500 SAID COST BEING NON-REFUNDABLE.
TO THE BEST OF MY KNOWLEDGE, THE ABOVE INFORMATION IS TRUE AND
CORRECT.
7
SIGNATURE
RESOLUTION NO.
WHEREAS, John Abe Henderson has requested that the City of Beaumont grant
a License to Encroach into one (1) fifteen foot (15') utility easement at 1710 Karen Lane,
which is described as being out of Lot 17 and adjourning portion of Lot 18, Block 1, Oakhill
Terrace Addition, to the City of Beaumont. The encroachment being one (1) existing
structure overlapping between 4.13' and 6.82' and one (1) existing structure overlapping
7.05' into the 15' utility easement as described in Exhibit "A" and shown in E=xhibit "B,"
attached hereto and made a part hereof for all purposes; and,
WHEREAS, City staff has expended considerable time and effort in investigating
the effect of such encroachment upon the City easement and utilities therein; and,
WHEREAS, it appears that it would be equitable to allow such encroachment at this
time, subject to the following conditions:
• The City of Beaumont will not be responsible for any damage to the
structures if the sanitary sewer line should ever develop a cavity or due to
any repairs to the City main by City crews.
• The City of Beaumont shall not be responsible for the repair and
replacement of any paving or other structures within the easement property,
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute a License to
Encroach with John Abe Henderson to encroach into one (1) fifteen foot (15') utility
easement at 1710 Karen Lane, which is described as being out of Lot 17 and adjoining
portion of Lot 18, Block 1, Oakhill Terrace Addition, to the City of Beaumont. The
encroachment being one (1) existing structure overlapping between 4.14' and 6.82' and
one (1) existing structure overlapping 7.05' into the 15' utility easement, as described in
Exhibit "A" and shown in Exhibit "B," attached hereto and made a part hereof for all
purposes for a one-time fee of Five Hundred Dollars($500.00)for the License to Encroach;
subject to the following conditions:
• The City of Beaumont will not be responsible for any damage to the
structures if the sanitary sewer line should ever develop a cavity or due to
any repairs to the City main by City crews.
• The City of Beaumont shall not be responsible for the repair and
replacement of any paving or other structures within the easement property.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of
October, 2013.
- Mayor Becky Ames-
LICENSE TO ENCROACH
STATE OF TEXAS X
ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
On the date last indicated below, the City of Beaumont, a municipal corporation, of
Beaumont, Jefferson County, Texas, herein called "Licensor" and John Abe Henderson, owner,
hereinafter called "Licensee", contracted and agreed as set forth herein.
Licensee desires a license from Licensor to use that real property (the subject of this
license agreement) described as follows:
Said encroachment being two structures overlapping 15' (fifteen foot) utility
easement by 4.13' to 7.05' on Lot 17 and adjoining portion of Lot 18, Block 1,
Oakhill Terrace Addition (1710 Karen Lane). Said encroachment is shown on
Exhibit "A", attached.
Subject property may continue to be occupied and used by Licensee solely in connection
with the existing structures and for incidental purposes related thereto during the term of this
license or until termination thereof. Said license shall terminate upon removal or demolition of
said encroachment.
Substantial improvements shall not be made upon any encroachment without first
obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when
and to what extent such improvements are to be made. A copy of this license shall be attached to
such notice.
Substantial improvement means any repair, construction, or improvement of a structure,
the cost of which equals or exceeds twenty-five percent (25%) of the market value of the
structure either: (1) before the improvement or repair is started; or (2) if the structure has been
damaged and is being restored, before the damage occurred. For the purposes of this definition,
"substantial improvement" is considered to occur when the first alteration of any portion of the
structure commences. whether or not that alteration affects the external dimensions of the
structure. The term does not, however, include any projects or improvements of a structure to
comply with existing; state or local health, sanitary, or safety code specifications which are solely
necessary to protect the health, safety and welfare of the public, inhabitants, or users of such
structure.
In the event the City of Beaumont, by resolution of the City Council, determines it needs
the subject property, or any part thereof, for the benefit of the City or to protect the health, safety
or welfare of the public, and it terminates this license or any part thereof, Licensee shall not
receive any compensation and the City of Beaumont shall not be liable therefore, whether for the
value of property taken, damage to the abutting or remaining property or improvement, loss of
Page 1 44
EXHIBIT "A"
business or profit, loss of access, or otherwise.
Licensee shall at all times indemnify and hold harmless Licensor and any franchised
entity of licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's
fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may
sustain, incur, be required to pay or become liable for, resulting in any manner from the
construction, maintenance, use, state of repair, or presence of such encroaching structure.
Licensor, and any franchised entity of Licensor, reserves the right to make improvements,
perform maintenance and construction to the right-of-way or premises covered by this license
where such is deemed necessary for the health, welfare and safety of the community. In doing
so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage
occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against
such parties for any such damage sustained by Licensee to said encroaching structure or any
abutting or attached structures, improvements or land caused by the removal or alteration of any
encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of
Licensor any additional costs resulting from the encroachment.
Licensor will not be responsible for any damages to the structures if the sanitary sewer
line or the storm sewer should ever develop a cavity or due to any repairs to the Licensor main
by Licensor crews. The Licensor shall not be responsible for the repair and replacement of any
paving or other structures within the Easement property.
Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject
property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be
responsible for any damages to the structure if the sewer main should ever develop a cavity or
due to any repairs to the Licensor main by Licensor crews.
As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of
Five Hundred Dollars ($500.00). Said sum being non-refundable.
This license shall be recorded in the Real Property Records in the Office of the County
Clerk of Jefferson County, Texas by Licensor.
This agreement is terminable by either party by giving written notice to the other
specifying the date of termination. Said notice shall be given not less than thirty (30) days prior
to the termination date, therein specified, and shall be recorded in the Real Property Records in
the Office of the County Clerk of Jefferson County, Texas by Licensor.
This license is neither assignable nor transferable except in conjunction with, and as part
of, Licensee's conveyance of all the abutting property this license serves, through probate or
warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by
being delivered a copy of the document or documents conveying or leasing the same.
llw-,c z ol'4
Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of
the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to
Licensee or their successors shall be sufficient if mailed or hand delivered to Property Owner at
1710 Karen Lane, Beaumont, Texas 77706.
IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of
the _ day of 2013.
LICENSOR: LICENSEE:
CITY OF BEAUMONI'
By: _ By:
KYLE HAYES JOHN ABE HENDERSON
CITY MANAGER
Page 3 of 4
ACKNOWLEDGMENTS
STATE Ol' TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of ,
2013, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf
of said corporation.
Notary Public, State of Texas
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of
2013, by John Abe Henderson.
Notary Public, State of Texas
RETURN TO:
City of Beaumont
Antoinette Hardy•• Engineering
P. O. Box 3827
Beaumont,Texas 77704
11aac 4 of 4
FND 5/8"
CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE o o 1. ROD
FND C1 50.00' 85.66' 75.56' N 21'18'18"E 98'09'26" °° 1
CALL C11_50.00' 84.66' 98'09'10" o o I
S. 25' OF LOT 15 & I
LOT 16
LOT 16 JEFFERY R. MCMANUS o o
CF NO. 2006024437 0 o
5' UTILITY EASEMENT OPRJC o 0
\ PER PLAT p V
(CALL N89'2921°E 120.69) a FND IRON ROD WITH CAP STAMPED
FND N89°29'21"E 121.01' ARCENEAUX&GVES BEARS
N442844 T 0.62'
FND 518" ___..
I. ROD
SET 518"
I. ROD
COV.
(60' ROW) CARPORT I
I
6.82' 1 '� S2
8.18'
LOT 17&ADJOINING e
PORTION OF LOT 18 I;�� 7 cp
BLOCK 1 i is
JOHN ABEE HEENDERSON, et ux FS/CcNC�yF a N z 3 d
VOL. 1269, PG. 79 s22 z
DRJC
LOT 17
FND 11�2" 9.46 Jb•7.9s' a � � °v
!. RODS O 7.0
0
`Ol I 00� srvR ei . WW
LU q> WW2 8X.
.(2 LOT 18 �°o oomfl�C
Q 'p, _ 33
9 "✓ X
O 0
p 2 GNWO3� °z
SIDEWALK O u' z°--w U W Lf)o / WOOD FENCE--T LL
zo
E 20' OF LOT 20 &
ALL OF LOT 19 & A PORTION 15' UTILITY EASEMENT
OF LOT 18
TERRY L. STEWART, et ux PER PLAT
CF NO. 2012037093
OPRJC 7.5' UTILITY EASEMENT o
PER PLAT 4 89'
r-
THIS SURVEY WAS PERFORMED 1 w w M �.. SET 5//8"
WITHOUT BENEFT OF CURRENT 1. R6D
TITLE COMMITMENT. CALC. FND S89°19'00"W 65.00'
BOUNDARY AND IMPROVEMENT CORNER N (CALL -89.19'00'W 65.00')
SURVEY ONLY, EASEMENTS, LOT 28
IF ANY, NOT RESEARCHED FND S00'06'00"E 130.01'
OR SHOWN, WITH THE (CALL S00'06'00"E 130.01')
EXCEPTION OF THOSE PLATTED.
TO THE OWNERS OF THE PREMISES SURVEYED FND 1/2'
AS OF THE DATE OF THE SURVEY: 1. RD
i. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY
MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED 1710 KAREN LANE
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME BEAUMONT, TEXAS 77706
OF THE SURVEY
Lot Number Seventeen (17) and the adjoining
DATE SURVEYED: SEPTEMBER 9, 2013 portion of Lot Eighteen (18), in Block Number
,..........• One (1) of Oakhill Terrace Addition to the City of
'\STeR Beaumont, Jefferson County, Texas, as recorded
Q p•;9 in Volume 10, page 89, Map Records office of
1..................e.. the County Clerk of said County and State.
THOMAS S. ROWS Oner: John Abe Henderson III and Barbara S. Henderson
JU .•:� 5728 Q;f Census: 3.02
,0 fSSA�?'
In accordance with the Flood Hazard Boundary
SU Map, Department of Housing and Urban r-
Community r-
Community No.: 485457 Z
THOMAS S. ROWE — REGISTERED PROFESSIONAL LAND SURVEYOR No. 5728 Panel No.: 0035 C o
Date of FIRM: 8-6-02
+AND. WHITELEY This property lies in Zone X"(white).
ASSOCIATES P. 0. BOX 5492 Location on map determined by scale
BEAUMONT, TEXAS 77726-5492 on map. Actual field elevation not i+
INCORPORATED 409-892-0421 determined. Mark W. Whiteley and
Associates does not warrant nor
TING ENGINEERS, 3250 EASTEX FRWY. subscribe to the accuracy or scale O
ORS, AND PLANNERS BEAUMONT, TEXAS 77703 of said maps.
Registered Engineer!Q (FAX) 409-892-1346
—2633 Zone "X'(white) are areas determined to be
WA2013113-830\13-830.DWG BJF outside 500—year flood plain.
EXHIBIT "B"
L
RICH WITH OPPORTUNITY
r
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: October 1, 2013
REQUESTED ACTION: Consider a resolution authorizing the settlement of the
lawsuit styled Home Rule Municipality of the State of
Texas, City of Beaumont vs. Max Specialty Insurance
Company,Now Known As Alterra Excess & Surplus
Insurance Company, Cause No. E-190,879.
RECOMMENDATION
Administration recommends approval of a resolution authorizing the settlement of a lawsuit
styled Home Rule Municipality of the State of Texas, City of Beaumont vs. Max Specialty
Insurance Company,Now Known As Alterra Excess & Surplus Insurance Company, Cause No.
F,-190,879 for the receipt of the sum of$415,000.
BACKGROUND
This matter was most recently presented and discussed in Executive Session held on September
24, 2013. The City Attorney is requesting authority to settle this suit.
BUDGETARY IMPACT
The receipt of the funds will benefit the City financially.
RESOLUTION NO.
WHEREAS, the lawsuit styled Home Rule Municipality of the State of Texas, City
of Beaumont vs. Max Specialty Insurance Company, Now Known As Alterra Excess &
Surplus Insurance Company, Cause No. E-190,879, has been discussed in an Executive
Session properly called and held Tuesday, September 24, 2013; and,
WHEREAS, the City Attorney is requesting authority to settle this claim;
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 Attorney be and he is hereby authorized to settle the lawsuit styled
Home Rule Municipality of the State of Texas, City of Beaumont, vs. Max Specialty
Insurance Company, Now Known As Alterra Excess&Surplus Insurance Company, Cause
No. E-190,879, for the receipt of the sum of Four Hundred Fifteen Thousand and XX/100
Dollars ($415,000.00); and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute all documents related to settlement of the claim.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of
October, 2013.
- Mayor Becky Ames -
[1EA,[1M0N*,
T - 19 - X - A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 1, 2013 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on items listed on the Consent Agenda
* Consent Agenda
WORK SESSION
* Receive a report related to the five-year update of the City of Beaumont's
Emergency Management Plan
PUBLIC HEARING
* Receive comments related to the City of Beaumont's Emergency Management
Plan
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSIONS
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
The City of Beaumont vs. Linmarie Garsee, Individually, and Linmarie
Garsee d/b/a L.G. Properties, Inc.; Cause No. 90304
United States Bankruptcy Court for the Eastern District of Texas,
Beaumont Division; In Re: LinMarie Garsee; Case No. 13-10479
WORK SESSION
* Tour of the Athletic Complex, Tyrrell Park and Cattail Marsh
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.
WORK SESSION
Receive a report related to the five-year update of the
City of Beaumont's Emergency Management Plan
PUBLIC HEARING
* Receive comments related to the City of Beaumont's
Emergency Management Plan
WORK SESSION
Tour of the Athletic Complex, Tyrrell Park and Cattail
Marsh