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HomeMy WebLinkAboutPACKET APR 30 2013 (02)RICK WITH t1l'PcilkT��X,3! VOL BEAUMORW REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 30, 2013 1:30 P.M. CONSENT AGENDA Approval of minutes — April 16, 2013 Confirmation of committee appointments Bill Little would be appointed to the Planning and Zoning Commission. The term would commence April 30, 2013 and expire April 29, 2016. (Mayor Becky Ames) Eddie Senigaur would be reappointed to the Planning and Zoning Commission. The current term would expire October 12, 2015. (Mayor Becky Ames) Frank Messina, Jr. would be reappointed to the Planning and Zoning Commission. The current term would expire April 11, 2016. (Mayor Becky Ames) Jesus Abrego would be reappointed to the Police Department Community Advisory Committee. The current term would expire January 10, 2015. (Mayor Becky Ames) A) Approve a resolution authorizing an agreement related to the filming of the Beaumont Police Department for the television show COPS B) Approve a resolution authorizing the granting of a Utility Crossing Agreement to cross city utility easements outside the corporate limits of Beaumont C) Approve a resolution authorizing the granting of a Pipeline License Agreement D) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Briarbend Subdivision E) Approve a resolution authorizing the City Manager or his designee to reenter into a Children's Advocacy Interagency Agreement with Jefferson County and the Garth House F) Approve a resolution authorizing the City Manager or his designee to enter into a promotional agreement with Academy Sports + Outdoors RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointment be made: Appointment Commission Beginning Expiration of Term of Term Bill Little Planing and Zoning Commission 04/30/13 04/29/14 THAT the following reappointments be made: Reappointment Commission Beginning Expiration of Term of Term Eddie Senigaur Planning and Zoning Commission 04/30/13 10/12/15 Frank Messina, Jr. Planning and Zoning Commission 04/30/13 04/11/16 Jesus Abrego Police Department Community Advisory 04/30/13 01/10/15 Committee 2013. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April, - Mayor Becky Ames - LU RICH WITH OPPORTUNITY BUnN EAUMU * T- E- X- A- S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager James P. Singletary, Chief of Police April 30, 2013 REQUESTED ACTION: Council consider a resolution authorizing an agreement with Langley Productions related to the filming of the Beaumont Police Department for the television show COPS. BACKGROUND Langley Productions is a company that is responsible for filming episodes for the tv show COPS. They will film for eight weeks in our city with one or two crews. A crew consist of a cameraman and a soundman. The crew shows up at roll call and rides the entire shift with an officer, filming the calls he or she is dispatched to. This is a pro -law enforcement show, with the intent of showcasing officers in a highly professional manner doing a job that is demanding, stressful, and sometimes dangerous on a national level. There are also several benefits to having this show film our police agency. It is great for morale and a positive recruiting tool. This show not only entertains it viewers, but allows the community to connect with the officers that keep them safe everyday. The Beaumont Police Department would retain full editorial approval of all material filmed and no footage would be aired without the department's prior approval. 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 agreement with Langley Productions related to the filming of the Beaumont Police Department for the television show COPS. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. 2013. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April, - Mayor Becky Ames - March 14, 2013 James P. Singletary, Chief of Police Beaumont Police Department 255 College Street Beaumont, TX 77704 Chief Singletary, This letter will confirm our understanding of conditions under which Langley Productions, Inc. ("LP") will produce episodes of COPS with the cooperation of the Beaumont. Texas Police Dent j"Department"l. 1. The Department will be fully consulted in advance of LP filming, after which the Department will allow LP reasonable access to officers and situations such officers encounter, subject to the individual officer's consent to the filming All LP film activity will be subject to and under control of the Department officer in charge. LP recognizes that some officers and citizens may refuse to be filmed and that the Department has no obligation to compel them to do so. 2. LP hereby grants Department the right to review and approve all completed segments prior to "on -lining" with final effects and sound prior to broadcast. LP agrees to provide the Department's Designated Officer with approval copies of each segment no less than twenty (20) working days prior to segment on4ining. In consideration of the time -sensitive nature of LP delivery requirements, Department agrees to provide any notes regarding substantive segment content no less than ten (10) working days prior to segment on -lining. 3. LP agrees that it shall indemnify, defend and hold harmless, the Department, its officers, agents, employees and administrators from and against any and all claims for damage and liability for injury to or death of persons; and for damage to or destruction of property occurring during and arising out of the acts or omissions of LP, its employees and/or agents with regard to LP's filming; and shall pay the reasonable cost of defending lawsuits resulting therefrom, including, but not limited to, reasonable attorneys fees, court costs and any judgment awarded to a third party as the result of such suit. In accordance with the foregoing, LP also agrees to indemnify, defend and hold harmless the Department from and against all claims related to intellectual property claims arising out LP's filming activities. Pg 1 o1`2 I 1 t 1 BROADWAY, SANTA MONICA, CA 90401 AIA_ AAO ~- EXHIBIT "A"^ AAA r,-4AA 4. The CSC Qf Beaumont. Texas shall be named an additional insured on LP's Comprehensive General Liability Insurance Policy, which shall be written up to a minimum of $1,000,000.00 in coverage. LP's insurance coverage shall be primary insurance with respect to the Department, its officers, agents, employees and administrators. Any insurance or self-insurance maintained by the Department, its officers, agents, employees or administrators shall be in excess of LP's insurance, and shall not contribute with it. -'//�3/�I Ragsdale icer, COPS ;LEY PRODUCTIONS, INC Kyle Hayes City Manager City of Beaumont, Texas 801 Main Street, Ste 325 Beaumont, Texas 77701 Pg 2 of 2 1 t l 1 BROADWAY, SANTA MONICA, CA, 90401 RICH WITH OPPORTUNITY BEA,UMON* T• E• X• A• S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: April 30, 2013 REQUESTED ACTION: Council consider a resolution authorizing the granting of a Utility Crossing Agreement to cross city utility easements outside the corporate limits of Beaumont. BACKGROUND TransCanada Keystone Pipeline, LP has requested permission to install a thirty-six inch (36") pipeline which will cross various water line and sanitary sewer easements near Hebert Road, West Port Arthur Road, FM 3514 and Highway 347 located outside the city limits of Beaumont. The pipeline is for the purpose of transporting oil, and will be constructed in accordance with City requirements. There is a one-time fee of $500.00 for the Pipeline License Agreement and an annual fee of $2.25 per linear foot of pipeline. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to grant a Utility Crossing Agreement to TransCanada Keystone Pipelilne, LP, substantially in the form attached hereto as Exhibit "A," to install a thirty-six inch (36") pipeline which will cross various water line and sanitary sewer easements near Hebert Road, West Port Arthur Road, FM 3514 and Highway 347 located outside the city limits of Beaumont for the purpose of transporting oil, said pipeline is to be constructed in compliance with City requirements. 2013. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April, - Mayor Becky Ames - APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LIMITS OF THE CITY OF BEAUMONT THE STATE OF TEXAS COUNTY OF JEFFERSON Business Name: Irwn► uAjr,. Ke4.,Awe P,oQ�rL?BusinessPhone:( )ihi-b93-%qpo Business Address: %17 TG aS t, Soni}e �yOD oks�OA, I)( �`1u02 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein 4 gle+ X D grants to Ikv►S Lw.rAA.. Y VkS"V- e. , L P hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or products, on or across the following City easement and/or property situated outside the City of Beaumont, Jefferson County, Texas, but being within our Extra -Territorial Jurisdiction (ETJ) and/or Certificate of Convenience and Necessity (CCN) and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Nearest Street Distance to Easement length (Linear F000 of Crossing VGri0kkS - Set QAk"k-dk B k�_._ EXHIBIT "A" COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: License Agreement fee - $500.00 o Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Water Utilities Department and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: o Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. All pipelines crossing City of Beaumont utility easements, water or sanitary sewer easements shall be bored from easement line to easement line. Within these limits, the pipeline shall be protected by casing or other method approved by the City Water Utilities Department. The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property.' The pipeline shall be installed a minimum of three (3) feet below ground and a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 3). 2 The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City; nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. Excavations necessary for the construction; repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Water Utilities Department. o Operations along easements shall be performed in such a manner that all property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any structures. The cost of any repairs to structures, sanitary'sewer lines, water lines or other easement features as a result of this installation will be borne by the owner of this line. o Any construction which takes place in, on, under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. 1 o Any licenses, permits or agreements required by another governmental entity (County, State or Federal) to adjoining property shall be obtained and a copy of such document shall be provided to the City. Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to the City property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Water Utilities Department. Licensee shall fully 3 cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. o The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City. o Installation will be done in accordance with all City standards and statutes of the State of Texas. REQUIRED COVERAGE: Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident o Property Damage: $1,000,000.00 Such insurance shall be maintained in force and ,effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. o Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the pipeline. Licensee shall indemnify, save and hold harmless the City of Beaumont 4 from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. o If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont 'for any such damage or injuries so sustained by it; however, said conditions shall -not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN PROPERTY: City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the. City, within the property involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the property involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Water Utilities Department) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City property and which are required to provide notification of such work. When information has been relayed to Licensee,. through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. o City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under the property. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. o Whenever by reason of the change in the grade of the property occupied by Licensees' pipeline, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is within City property. NOTIFICATIONANSPECTION: Any and all work tobe performed on City property shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. Licensee shall provide the City (Water Utilities Department) forty-eight (48) hours prior to the installation of the lines permitted by this license. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. Licensee shall notify the Water Utilities Department at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. SPECIAL CONDITIONS: Nonassignable This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: mvcs Cyy4l. , keuS�W e Pipp,�i�ne, L P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: i `� 70,?caS S Sw I �G ayd� Attn: City Manager City and State of Licensee: Holes, t%, I TX Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the Water Utilities Director. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 7 Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS. WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 ATTEST: City Clerk CITY OF BEAUMONT, TEXAS L-Ofi Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) 1 eu v►5 �,,�, _ KeuS P; �el,�►�, L �' by iiS aeo+ Tc- DiPipet,t,E Dpem0o 5,15,. Represeled by: .=y r 0 ATTEST: Title By: Secretary Ricardo S. Lopez Authorized Signatory Tiis H LL i �,�MONR C7 n s i In o ii O o 0 0 c z Q c¢ 3 a N 3 3¢ 3 N 3 a a N N C W 10 7 Z ti r T V N l0 !� 00 OI n n O n n O O nm nm O C? n m m n a) Q W .y Opf O Il O W oO Q u � G 06 b N lTD !� n 01 N 06 r, �w n v d z u QQ FU U V a U U a U U a 7 C a j a iD 6 a l0 ZD p W iD Yf W D W O W W O NO 3NIHSNIS C Q w w w w y C7 n s i s s ass > i z Q c z Q c¢ 3 a N 3 3¢ 3 N 3 a a N N C W 10 7 Z ti r T V N l0 !� 00 OI y C7 o' c m U U M o u � o c � �w p N QQ a N 7 ¢ O W D W O W W O C Q U O W LL (7 !C S E U � E K K 0 o m a O a a ¢ rc 0 U U N U' S � Z r2 �i U U C7 J f Oa ia3a3H -r 0 3 a ttSS �` m o LT 2 c m K S U O K � m U a o qm JEFFERSON COUNTY, TEXAS DAVID A. CUNNINGHAM SURVEY, ABSTRACT NO. 15 A1,11111 N �� FLOW _ NORTHING: 1 0886069.56 3/ NORTHING: 1301942.87 (!// 1 1 % %' f J' � , %f NORTHING: 10886068.36 PROPOSED 1 / / / 50' �// EASTING: 1301968.89 \ 36m PIPELINE �v �� �� t: 0 Q�Q Q�Q Q�Q ell, Q�Q QQ QQ Q�Q P�4 J 'Q�QQ�Q Q�Q Q�Q QQ QQ 0 o tvV tvG� �V? �V? lv �V? �V? O Lx o O �oQ�oQ F°� X02 �o� �o� �o� X02 G ���o�oQ oe4oe �o� �o� Of � O S L A h p o,JQI ��� J0 L of A rn c� OOO OxW Ox NX '`b '�� ��yxb'�°,Q,ti�`L'yo'yx'hxry "�� �`, N �,`ryh�4Q�.���.P PRODUCT: CRUDE OIL ELAN- CARRIER PIPE (ROAD HDD): 36' O.D. X 0.748" W.T. PLAN COORDINATES BASED ON X -70M OSAW PIPE W/14 TO 16 MILS FBE & 30 MILS ARO HORIZ: 1"=100' UTM ZONE 15 NORTH, MINIMUM TEST PRESSURE: 1,816 PSIG NAD83, U.S. SURVEY FEET MAXIMUM OPERATING PRESSURE: 1,440 PSIG CARRIER PIPE TO BE EXTERNALLY COATED w FOR CORROSION CONTROL N PIPELINE TO BE CATHODICALLY PROTECTED ANOTUAL SEWER/WATER LINE LOCATION PIPELINE DESIGN AS PER REQUIREMENTS OF PART 195 TO BE VERIFIED PRIOR TO CROSSING OF THE CODE OF FEDERAL REGULATIONS (LATEST EDITION) z TRAFFIC TO BE MAINTAINED DURING INSTALLATION a PIPELINE TO BE INSTALLED BY HORIZONTALLY DIRECTIONAL DRILLED N 00 N3 n� + +0 +> N a N Q N W to V N 40' _ ... ............. ........... .. .. ... .... ... ....... ..... ......... .... ............. 40' VATURAL GROUND 30' _ :......... . ......... ..... ... .... ....... ..... 30' 20' ......................................................... ........................... ............................ 20' lo' ..............................16" PVC WATER UTILITY .. 12" PVC -FM lo' SANITARY SEWER 0' ...... 0. -10' -10' m -20' -20' .............................. —30' S, MIN. CLEARANCE...... .... -30' 5� MIN. CLEARANCE -40' ....... -50' -50' -60'- TOP OF PROPOSED 60' -70' 36" PIPELINE ... -70' 3 -80' _.... ........ ............. ....... ... _...... ... -So' -s0' -90' �I -100' I n -100 I PROFILE I HORIZ: 1"=100' 1 i VERT: 1"=50' I z Lp 16" PVC WATER UTILITY & 12" PVC—FM SANITARY SEWER CROSSING DRAWNG JA,PERMIT �� TransCanada IlniversalPegasus FIA #4387 CHAINAGE: M.P. 478.60 DISCIPLINE # 03 nff y INTERNATIONAL ORIGINATOR: TITLE KEYSTONE XL — GULF COAST LOOP CENTRAL DR. UPI 01/07/2013 SUITE OO HOUSTON, TX. PROPOSED PIPELINE CROSSING SUIT 7137977 7770 CHECKED BY: APPROVED BY: 16' PVC WATER UTIUTY do 12" PVC—FM SANITARY SEWER I I JOB NO. 11042.00 IG -L I GTC SCALE 1"=100' DWG NO 4387-03—ML-03-504 IRlv 1 PLOTTED SIZE: ANSI A (8.5x11) CADD DRAWING: DO NOT MAKE MANUAL REVISIONS JEFFERSON COUNTY, TEXAS DAVID A. CUNNINGHAM SURVEY, ABSTRACT NO. 15 N 3p / PROPOSED 3 77 FLOW 36" PIPELINE ~ NORTHING: 10885924.79 2 EASTING: 1305474.62 2 2 2 ~ � ~ W , �I Q W T N U W U W ti U CL ~� y y y 2 y J � j I } + ry PLAN COORDINATES BASED ON HORIZ: 1"=40' N OTE: UTM 15 NORTH, ACTUAL SEWER WATER LINE LOCATION NAD83, U.S.U.SURVEY FEET TO BE VERIFIED PRIOR TO CROSSING PRODUCT: CRUDE OIL CARRIER PIPE (ROAD BORES): 36" O.D. X 0.618" W.T. X -70M DSAW PIPE W/14 TO 16 MILS FBE & 30 MILS ARO MINIMUM TEST PRESSURE: 1,816 PSIG MAXIMUM OPERATING PRESSURE: 1,440 PSIG CARRIER PIPE TO BE EXTERNALLY COATED FOR CORROSION CONTROL PIPELINE TO BE CATHODICALLY PROTECTED PIPELINE DESIGN AS PER REQUIREMENTS OF PART 195 OF THE CODE OF FEDERAL REGULATIONS (LATEST EDITION) tz TRAFFIC TO BE MAINTAINED DURING INSTALLATION PIPELINE TO BE INSTALLED BY BORING w f - p 3 + O O + > a d En VI 30' ............................................. 30' NATURAL GROUND 20' .. ... ......... 20• i6" PVC WATER UTILITY 10' .......................... 10' O' TOP OF PROPOSED . ........................ o' 5' MIN. CLEARANCE -10' 36" PIPELINE .. I I I I PROFILE I HORIZ: 1"=40' I z VERT: 1 "=40' Z V) 16" PVC WATER UTILITY CROSSING DRAWING PERMIT Wo 0TransCanada FIA # CHAINAGE: DISCIPLINE F I UniversalPegasus to 44 �", 4387 M.P. 479.27 03 IN1'ERNA1:0NAL. TITLE ORIGINATOR: KEYSTONE XL — GULF COAST 4848 LOOP CENTRAL OR. SUITE 100 HOUSTON, Tx. UPI 1 07 2013 PROPOSED PIPELINE CROSSING I I 713987 7770 CHECKED BY: JAPPROVED BY: 16" PVC WATER UTILITY JOB NO. 11042.00 IG—L GTC SCALE 1 "=40' DWG No 4387-03—ML-03-505 IRN 0 PLOTTED SIZE: ANSI A (8.5x1 1) CADD DRAWING: DO NOT MAKE MANUAL REVISIONS 0 Z O N W JEFFERSON COUNTY, TEXAS WILLIAM CARROLL SURVEY, ABSTRACT NO. 13 1 \ \ \ \ PROPOSEDNORTHIN EAS: 10887426.79 TINGG 1306530.48 \ 36* PIPELINE FLOW — \ y�P• J,�l \ S \ �O Tx T Tq 46• ♦ q0 s\ \T 0.,\ \ ST ST9 ST S l Sr9 O/ICY J T ST `qO q meq` T Ox x6. Ox x q O J 9 69 T v' 0)"\Gc ly xT� \�' 1pO FO x00 TOC O T q\ n- 0Al O F\TciPQ`\O �OqOO n � 0, l�nAypy�\LT(TT}�\qy� pTTcy qL� PpgO \R PO,6 COORDINATES BASED ON PLAN UTM ZONE 15 NORTH, HORIZ: 1"=30' NAD83, U.S. SURVEY FEET PRODUCT: CRUDE OIL CARRIER PIPE (ROAD BORES): 36" O.D. X 0.618" W.T. X -70M DSAW PIPE W/14 TO 16 MILS FBE & 30 MILS ARO MINIMUM TEST PRESSURE: 1,816 PSIG MAXIMUM OPERATING PRESSURE: 1,440 PSIG CARRIER PIPE TO BE EXTERNALLY COATED FOR CORROSION CONTROL PIPELINE TO BE CATHODICALLY PROTECTED PIPELINE DESIGN AS PER REQUIREMENTS OF PART 195 OF THE CODE OF FEDERAL REGULATIONS (LATEST EDITION) TRAFFIC TO BE MAINTAINED DURING INSTALLATION PIPELINE TO BE INSTALLED BY BORING NOTE: ACTUAL SEWER/WATER LINE LOCATION TO BE VERIFIED PRIOR TO CROSSING 10' F-...... .......... ...................... I................ I ........................................................ ......... 1 r 0 L TOP OF PROPOSED .. . 5' MIN. CLEARANCE 36" PIPELINE ................................................................ ............... ................................ I .......... .. PROFILE HORIZ: 1"=30' VERT: 1"=30' UniversalPegasus INTERNATIONAL 4848 LOOP CENTRAL DR. SUITE 100 HOUSTON, TX. 77081 PH. 713-977-7770 JOB NO. 11042.00 30' 20' 10' 0' —10' 16" PVC WATER UTILITY CROSSING DRAWING PERMIT TransCanada FIA 4387 CHAINAGE: 479.63 DISCIPLINE 03 TITLE 01/07/2013 IG—L I GTC I SCALE 1 "=30' KEYSTONE XL — GULF COAST PROPOSED PIPELINE CROSSING FARM TO MARKET ROAD 3514 DWG No 4387-03—ML-03-506 REV 0 PLOTTED SIZE: ANSI A (8.5x11) CADD DRAWING: DO NOT MAKE MANUAL REVISIONS r f- F W O ZO W + oa o3 W Nuj to V) 30'.................................... .............................................................. ..................... 20' ..... ..... 16" PVC WATER UTILITY :` ...................................I.............. NATURAL GROUND ................ ... ..... 10' F-...... .......... ...................... I................ I ........................................................ ......... 1 r 0 L TOP OF PROPOSED .. . 5' MIN. CLEARANCE 36" PIPELINE ................................................................ ............... ................................ I .......... .. PROFILE HORIZ: 1"=30' VERT: 1"=30' UniversalPegasus INTERNATIONAL 4848 LOOP CENTRAL DR. SUITE 100 HOUSTON, TX. 77081 PH. 713-977-7770 JOB NO. 11042.00 30' 20' 10' 0' —10' 16" PVC WATER UTILITY CROSSING DRAWING PERMIT TransCanada FIA 4387 CHAINAGE: 479.63 DISCIPLINE 03 TITLE 01/07/2013 IG—L I GTC I SCALE 1 "=30' KEYSTONE XL — GULF COAST PROPOSED PIPELINE CROSSING FARM TO MARKET ROAD 3514 DWG No 4387-03—ML-03-506 REV 0 PLOTTED SIZE: ANSI A (8.5x11) CADD DRAWING: DO NOT MAKE MANUAL REVISIONS V) z O f_N w ir JEFFERSON COUNTY, TEXAS DAVID A. CUNNINGHAM SURVEY, ABSTRACT NO. 15 SO, . Q PROPOSED NORTHING: 10887768.87 60' -V 60' 36" PIPELINE\ w EASTIN : / 1306771.22 / / )II/ FLOW ti 4r�� Qv hP -i J. ro O'Q O%O�XO� %may % 0 0� Q PRODUCT: CRUDE OIL HORIZ: 1"=20' CARRIER PIPE (ROAD BORES): 36" O.D. X 0.618" W.T. X -70M DSAW PIPE W/14 TO 16 MILS FBE & 30 MILS ARO MINIMUM TEST PRESSURE: 1,816 PSIG MAXIMUM OPERATING PRESSURE: 1,440 PSIG CARRIER PIPE TO BE EXTERNALLY COATED FOR CORROSION CONTROL PIPELINE TO BE CATHODICALLY PROTECTED )�--NORTHING: 10887778.37 EASTING: 1306777.90 h Q' y<v`� COORDINATES BASED ON �P UTM ZONE 15 NORTH, NAD83, U.S. SURVEY FEET J h� 0 ,lP PIPELINE DESIGN AS PER REQUIREMENTS OF PART 195 5' MIN. CLEARANCE --� cr w OF THE CODE OF FEDERAL REGULATIONS (LATEST EDITION) ................... .................. .............. 0, I TRAFFIC TO BE MAINTAINED DURING INSTALLATION OF PROPOSED V) PIPELINE TO BE INSTALLED BY BORING 36" PIPELINE >- :3 PROFILE HORIZ: 1"=20' Of r � 0 VERT: 1"=20' 7 z a 0 3 O O O O FIA y CHAINAGE: DISCIPLINE # 4387 M.P. 479.7 03 Ur; versalPegasus r j-=s+n�,5 tr ��f,,Esr H Va— s `o0P CENTRAL 0R. SUIT SUITE 100 HOUSTON, TX. VI 20' . . N . . 00 . . . . V) 10 In . . . . . . CHECKED Y:APPROVED IG -L 8" PVC SANITARY SEWER, 713797H. 7 P 770 8" PVC no NOTE: ACTUAL SEWER/WATER LINE LOCATION TO BE VERIFIED PRIOR TO CROSSING NATURAL GROUND 16" PVC WATER UTILITY \ --1 20' am 5' MIN. CLEARANCE --� ` 5' MIN. CLEARANCE 0' ...... ................... .................. .............. 0, I TOP OF PROPOSED -10' 36" PIPELINE -10' PROFILE HORIZ: 1"=20' I VERT: 1"=20' 8" PVC SANITARY SEWER & 16" PVC WATER UTILITY CROSSING DRAWING I Z 1 o TransCanada PERMIT FIA y CHAINAGE: DISCIPLINE # 4387 M.P. 479.7 03 Ur; versalPegasus r j-=s+n�,5 tr ��f,,Esr tircxNnTioNnl ORIGINATOR: TITLE KEYSTONE XL — GULF COAST `o0P CENTRAL 0R. SUIT SUITE 100 HOUSTON, TX. PI 01/07/2013 PROPOSED PIPELINE CROSSING CHECKED Y:APPROVED IG -L Iwo BY: GTC 713797H. 7 P 770 8" PVC SANITARY SEWER & 16" PVC WATER UTILITY I I JOB NO. 11042.00 SCALE 1 =20' DWG No 4387-03—ML-03-507 REV 0 PLOTTED SIZE: ANSI A (8.5x11) CADD DRAWING: DO NOT MAKE MANUAL REVISIONS I I I I 1 I D i t I I 1 I In z 0 V) JEFFERSON COUNTY, TEXAS WILLIAM P. HUMPHRIES SURVEY, ABSTRACT NO. 32 rl PRODUCT: CRUDE OIL CARRIER PIPE (ROAD BORES): 36" O.D. X 0.618" W.T. X -70M DSAW PIPE W/14 TO 16 MILS FBE & 30 MILS ARO MINIMUM TEST PRESSURE: 1,816 PSIG MAXIMUM OPERATING PRESSURE: 1,440 PSIG CARRIER PIPE TO BE EXTERNALLY COATED FOR CORROSION CONTROL PIPELINE TO BE CATHODICALLY PROTECTED PIPELINE DESIGN AS PER REQUIREMENTS OF PART 195 OF THE CODE OF FEDERAL REGULATIONS (LATEST EDITION) TRAFFIC TO BE MAINTAINED DURING INSTALLATION PIPELINE TO BE INSTALLED BY BORING I 3� / 75' 3 1 FLOW ii�- /270e"" PROPOSED - 36" PIPELINE COORDINATES BASED ON UTM ZONE 15 NORTH, NAD83, U.S. SURVEY FEET NOTE: ACTUAL SEWER/WATER LINE LOCATION TO BE VERIFIED PRIOR TO CROSSING r J / NORTHING: 10888464.10 t EASTING: 1307260.47 3 yS rn m ............. ................................................................................................... NATURAL GROUND 20' ... . .......T ................................ .. ...... O/ J p;� O Q Q ted/ 3 O 30 c J 3 / !- HORIZ: 1"=20' /270e"" PROPOSED - 36" PIPELINE COORDINATES BASED ON UTM ZONE 15 NORTH, NAD83, U.S. SURVEY FEET NOTE: ACTUAL SEWER/WATER LINE LOCATION TO BE VERIFIED PRIOR TO CROSSING 20' , — *-, -* - *- **1 �8" WATER UTILITY 1 0'11117111 1 ...... ................................................ 10, I I 5' MIN. I 0' ... _................................. CLEARANCE TOP W PROPOSED PROFILE 36" PIPELINE HORIZ: 1"=20' VERT: 1"=20' 8" WATER UTILITY CROSSING DRAWING PERMIT 0 TransCanada FIA # CHAINAGE: DISCIPLINE UmversalPegasus u,r==�>s ,<> SIE-1� �_:� 4387 M.P. 480.05 INTERNATIONAL ORIGINATOR: TITLE KEYSTONE XL — GULF COAST LOOP CENTRAL OR. SUITE 100 HOSTONTX PI 01/07/2013 PROPOSED PIPELINE CROSSING SUITU, . 7137977 minPH'a CHECKED BY: APPROVED BY: S" WATER UTILITY JOB NO. 11042.00 IG—L GTC SCALE 1 "=20' DWG No 4387-03—ML-03-508 PLOTTED SIZE: ANSI A (8.501) CADD DRAWING: DO NOT MAKE MANUAL REVISIONS 0 I 1 Lq I I W G F I 03 ii I I I I REV 0 r J O O N 7 t t,l � o .3 a rn m ............. ................................................................................................... NATURAL GROUND 20' ... . .......T ................................ .. ...... .................................................. .... .... _.. 20' , — *-, -* - *- **1 �8" WATER UTILITY 1 0'11117111 1 ...... ................................................ 10, I I 5' MIN. I 0' ... _................................. CLEARANCE TOP W PROPOSED PROFILE 36" PIPELINE HORIZ: 1"=20' VERT: 1"=20' 8" WATER UTILITY CROSSING DRAWING PERMIT 0 TransCanada FIA # CHAINAGE: DISCIPLINE UmversalPegasus u,r==�>s ,<> SIE-1� �_:� 4387 M.P. 480.05 INTERNATIONAL ORIGINATOR: TITLE KEYSTONE XL — GULF COAST LOOP CENTRAL OR. SUITE 100 HOSTONTX PI 01/07/2013 PROPOSED PIPELINE CROSSING SUITU, . 7137977 minPH'a CHECKED BY: APPROVED BY: S" WATER UTILITY JOB NO. 11042.00 IG—L GTC SCALE 1 "=20' DWG No 4387-03—ML-03-508 PLOTTED SIZE: ANSI A (8.501) CADD DRAWING: DO NOT MAKE MANUAL REVISIONS 0 I 1 Lq I I W G F I 03 ii I I I I REV 0 JEFFERSON COUNTY, TEXAS WILLIAM P. HUMPHRIES SURVEY, ABSTRACT NO. 32 POWER Po E —P—P—P—P P— P—P— —P—P PIIIIP—P—P—P—P P I oll P P P 20.7' 20.2 90 . PROPOSED FLOW 36" PIPELINE s NORTHING: 10888831.08 9 EASTING: 1307518.72 0 w Y } 1a COORDINATES BASED ON z z J' UTM ZONE 15 NORTH, w Z uj NAD83, U.S. SURVEY FEET o j0 of w o d' w o > o Q. Q J Q J fn O N N N O 50' PLAN PRODUCT: CRUDE OIL HORIZ: 1"=20' NOTE: CARRIER PIPE (ROAD BORES): 36" O.D. X 0.618" W.T. ACTUAL SEWER/WATER LINE LOCATION X -70M DSAW PIPE W/14 TO 16 MILS FBE do 30 MILS ARO TO BE VERIFIED PRIOR TO CROSSING MINIMUM TEST PRESSURE: 1,816 PSIG MAXIMUM OPERATING PRESSURE: 1,440 PSIG CARRIER PIPE TO BE EXTERNALLY COATED FOR CORROSION CONTROL PIPELINE TO BE CATHODICALLY PROTECTED PIPELINE DESIGN AS PER REQUIREMENTS OF PART 195 OF THE CODE OF FEDERAL REGULATIONS (LATEST EDITION) TRAFFIC TO BE MAINTAINED DURING INSTALLATION PIPELINE TO BE INSTALLED BY BORING o: w } D: Z Q O Vf O t � ; I 1 I I 1 I 0 1 I I I I 1 FLOW ib. JEFFERSON COUNTY, TEXAS WIWAM HUMPRIES SURVEY, ABSTRACT NO. 32 1i I N OR TH I N G: 1088 9 52 7.19 3 EA 1308425.83 I30' I\ PLAN HORIZ: 1"=40' -PROPOSED 36" PIPELINE COORDINATES BASED ON PRODUCT: CRUDE OIL UTM ZONE 15 NORTH, CARRIER PIPE (ROAD BORES): 36" O.D. X 0.618" W.T. W n t-- J W NAD83, U.S. SURVEY FEET NORTHING: 10889524.18 IO Lu to: I NI � Q Zw W < u W / N rn NOTE: p0 OP �- a v13U �- O O� Obi law+la N CHECKED 8Y: TO BE VERIFIED PRIOR TO CROSSING PIPELINE TO BE CATHODICALLY PROTECTED 7137977 -7770 16" PVC WATER UTILITY & 18" PVC SANITARY SEWER In C� PIPELINE DESIGN AS PER REQUIREMENTS OF PART 195 / b % 7 I¢ FQ n 3 84' 84' NI OF THE CODE OF FEDERAL REGULATIONS (LATEST EDITION) z CADD DRAWING: DO 1i I N OR TH I N G: 1088 9 52 7.19 3 EA 1308425.83 I30' I\ PLAN HORIZ: 1"=40' -PROPOSED 36" PIPELINE COORDINATES BASED ON PRODUCT: CRUDE OIL UTM ZONE 15 NORTH, CARRIER PIPE (ROAD BORES): 36" O.D. X 0.618" W.T. gi 16" PVC WATER NAD83, U.S. SURVEY FEET NORTHING: 10889524.18 X_ 70M DSAW PIPE W/14 TO 16 MILS FBE do 30 MILS ARO �. EASTING: 1308420.78 MINIMUM TEST PRESSURE: 1,816 PSIG CHAINAGE: DISCIPLINE y 4387 1 M.P. 480.18 03 UniversalPegasus MAXIMUM OPERATING PRESSURE: 1,440 PSIG N ORIGINATOR: NOTE: CARRIER PIPE TO BE EXTERNALLY COATED 1i I N OR TH I N G: 1088 9 52 7.19 3 EA 1308425.83 I30' I\ PLAN HORIZ: 1"=40' -PROPOSED 36" PIPELINE COORDINATES BASED ON PRODUCT: CRUDE OIL UTM ZONE 15 NORTH, CARRIER PIPE (ROAD BORES): 36" O.D. X 0.618" W.T. gi 16" PVC WATER NAD83, U.S. SURVEY FEET & 18" PVC SANITARY SEWER CROSSING DRAWING X_ 70M DSAW PIPE W/14 TO 16 MILS FBE do 30 MILS ARO �. PERMIT MINIMUM TEST PRESSURE: 1,816 PSIG CHAINAGE: DISCIPLINE y 4387 1 M.P. 480.18 03 UniversalPegasus MAXIMUM OPERATING PRESSURE: 1,440 PSIG N ORIGINATOR: NOTE: CARRIER PIPE TO BE EXTERNALLY COATED KEYSTONE XL — GULF COAST I- 4848 LOOP CENTRAL DR. SUITE 100 HOUSTON, TX. ACTUAL SEWER/WATER LINE LOCATION FOR CORROSION CONTROL J CHECKED 8Y: TO BE VERIFIED PRIOR TO CROSSING PIPELINE TO BE CATHODICALLY PROTECTED 7137977 -7770 16" PVC WATER UTILITY & 18" PVC SANITARY SEWER PIPELINE DESIGN AS PER REQUIREMENTS OF PART 195 < C,TC SCALE 1..=40 DWG No 4387-03—ML-03-510 REV Q OF THE CODE OF FEDERAL REGULATIONS (LATEST EDITION) z CADD DRAWING: DO NOT MAKE MANUAL REVISIONS TRAFFIC TO BE MAINTAINED DURING INSTALLATION < 3 PIPELINE TO BE INSTALLED BY BORING a a 00 o m o o a d I- vl 40' F...................................................................... .. .................. .......................... .......-1 40' 30' 20' 10' 0' —10' 16" PVC SANITARY SEWER //-�16" PVC WATER UTILITY NATURAL GROUND 30' ............. I....... ..................................... ....1.... .........................�................. 20' ....................... TOP OF PROPOSED 6' MIN. CLEARANCE CLEARANCE ............................................................................................ 36" PIPEUNE PROFILE HORIZ: 1"=40' VERT: 1"=40' 10' 0' -10' gi 16" PVC WATER UTILITY & 18" PVC SANITARY SEWER CROSSING DRAWING �. PERMIT FIA M CHAINAGE: DISCIPLINE y 4387 1 M.P. 480.18 03 UniversalPegasus TransCanada I �_ INTFRNATIONAt. ORIGINATOR: TITLE KEYSTONE XL — GULF COAST 4848 LOOP CENTRAL DR. SUITE 100 HOUSTON, TX. UPI 01/04/2012 PROPOSED PIPELINE CROSSING CHECKED 8Y: - APPROVED BY: 7137977 -7770 16" PVC WATER UTILITY & 18" PVC SANITARY SEWER JOB N0. 11042.00 IG—L C,TC SCALE 1..=40 DWG No 4387-03—ML-03-510 REV Q PLOTTED SIZE: ANSI A (8.5x11) CADD DRAWING: DO NOT MAKE MANUAL REVISIONS JEFFERSON COUNTY TEXAS WILLIAM P. HUMPHRIES SURVEY, ABSTRACT NO. A-32 1E DU PONT ROAD POWER POLE II m l I I m l *� I I NORTHING: 10893471.84 EASTING' 1313519 98 PROPOSED I ` - w' as TL36" PIPELINE I FLOW x I ^I I ^1 } x U x I I~ Q O I M Q I O = U a O Ndj Q O Ji l r w POWER POLE Z o m 0O }I 3 m =' I -I o >- 3 =' m �'I I z Z x IO i� I _.._......_.._..._ 1-0 of 0 <-oLil O calix NATURAL GROUND rr u ml �Imlu ................................................. ....................................................................................... �I w 31i1 + ZI I IW w1 H �w Uu olI-.L 10' c+li &I w Q• I CL aN I 0. 17 04l01 N OI 't NI O I,o .._......_.............. I O N 117 10 1, O OI ojo O To`oo0ofoJcNjo +I o + + cz VERT: 1"=20' I I +n III o 8" PVC'05 WATER UTILITY CROSSING DRAWING ao PERMIT 0+04 OVERHEAD UniversalPegasus TransCanada ��� r,=,�,- r"S,= {�� l>r+v= FIA # CHAINAGE: DISCIPLINE # 4387 M.P. 481.52 03 �+ INTERNATIONAL POWERLINE TITLE KEYSTONE XL —GULF COAST ORIGINATOR: 4848 LOQ CENTRAL DR. SUITE 100 HOUSTON, TX. UPI 1/07/2013 PROPOSED PIPELINE CROSSING PLAN I I 77081 PH. 713-977-7770 CHECKED APPROVED BY: U.S. HIGHWAY 347 COORDINATES BASED ON JOB NO. 11042.00 HORIZ: 1"=60' SCALE 1 "=60' DWG No 4387-03—ML-03-511 REV 0 UTM ZONE 15 NORTH, PRODUCT: CRUDE OIL NAD83, U.S. SURVEY FEET CARRIER PIPE (ROAD BORES): 36" O.D. X 0.618" W.T. x- 70M DSAW PIPE W/14 TO 16 MILS FBE k 30 MILS ARO MINIMUM TEST PRESSURE: 1,816 PSIG MAXIMUM OPERATING PRESSURE: 1,440 PSIG CARRIER PIPE TO BE EXTERNALLY COATED FOR CORROSION CONTROL PIPELINE TO BE CATHODICALLY PROTECTED PIPELINE DESIGN AS PER REQUIREMENTS OF PART 195 OF THE CODE OF FEDERAL REGULATIONS (LATEST EDITION) TRAFFIC TO BE MAINTAINED DURING INSTALLATION PIPELINE TO BE INSTALLED BY BORING NOTE: ACTUAL SEWER/WATER LINE LOCATION TO BE VERIFIED PRIOR TO CROSSING 0 o rn + + o rQ- F a In In 00 30' _.._......_.._..._ ................................_....._...............__....._............_.......--.......____........................._.......... 30' .............................................................................................................................................................................................. NATURAL GROUND . 20' ................................................. ....................................................................................... 20' .................... 8" PVC'05 WATER UTILITY—� 10' ........................................................................................................................................................................................... 10' I ........... TOP _......................_....................................._ OF PROPOSED .._......_.............. I o' _ .. 5' MIN. CLEARANCE 36" PIPELINE _. _.... _ ._ .... _..... _ ....._ PROFILE 0' I HORIZ: 1"=60' VERT: 1"=20' I I I 8" PVC'05 WATER UTILITY CROSSING DRAWING PERMIT m I UniversalPegasus TransCanada ��� r,=,�,- r"S,= {�� l>r+v= FIA # CHAINAGE: DISCIPLINE # 4387 M.P. 481.52 03 INTERNATIONAL TITLE KEYSTONE XL —GULF COAST ORIGINATOR: 4848 LOQ CENTRAL DR. SUITE 100 HOUSTON, TX. UPI 1/07/2013 PROPOSED PIPELINE CROSSING I I 77081 PH. 713-977-7770 CHECKED APPROVED BY: U.S. HIGHWAY 347 JOB NO. 11042.00 IG -L GTC SCALE 1 "=60' DWG No 4387-03—ML-03-511 REV 0 PLOTTED SIZE: ANSI A (8.5x11) CADD DRAWING: DO NOT MAKE MANUAL REVISIONS c RICH WITH OPPORTUNITY IIEA,UMON* T - E - % - A - S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: April 30, 2013 REQUESTED ACTION: Council consider a resolution authorizing the granting of a Pipeline License Agreement. I.:I�1.�lI.ZIli1�11] TransCanada Keystone Pipeline, LP has requested permission to install a thirty-six inch (36") pipeline which will cross various water line and sanitary sewer easements near South Major Drive, Interstate 10, Fannett Road, and Tyrrell Park Road located within the city limits of Beaumont. The pipeline is for the purpose of transporting oil, and will be constructed in accordance with City requirements. There is a one-time fee of $500.00 for the Pipeline License Agreement and an annual fee of $2.25 per linear foot of pipeline. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to grant a Pipeline License Agreement to TransCanada Keystone Pipeline, LP, substantially in the form attached hereto as Exhibit 'A" to install a thirty-six inch (36") pipeline which will cross various water line and sanitary sewer easements near South Major Drive, Interstate 10, Fannett Road, and Tyrrell Park Road located within the city limits of Beaumont for the purpose of transporting oil, said pipeline is to be constructed in compliance with City requirements. 2013. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April, - Mayor Becky Ames - CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS COUNTY OF JEFFERSON Business NameTransfwv►kiu- Ke!$�ty%e TZ16it�P Business Phone: 13 -1�q3' bWao Business Address: I TexctS Sulte 2400 ousloh .It 2 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein _ _ _ � -w, I, b T hereby grants to hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Street Name or R.O.W. Description Length (Linear Feet) Var sxs - See_ nAa Pik CJOA;6iVs 1N1. 7D EXHIBIT "A" COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: License Agreement fee - $500.00 Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: 0 Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. o All pipelines crossing public rights-of-way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. o The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City properly. 2 o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer, lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior toconstruction or maintenance. Bore pits shall be backfilled according to City standards. Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. o Operations along roadways shall be performed in such a mariner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. o Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street' or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the owners) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. 3 o Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. (1"=2,000' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. o The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. o Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) o Installation will be done in accordance with all City standards and statutes of the State of Texas. El REQUIRED COVERAGE o Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: o Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident o Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. o Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the pipeline. o Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries acid damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: 5 Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.: o City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. o City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. :.1 .t o Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. NOTIFICATIONIINSPECTION: o Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. o Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to coinpletion of work and removal of equipment from the job site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: Nonassi angble. This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either, party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: ) ruws [AAa 4- Keuse �tDehc L i� P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: TI Te -<&S s � . , Su►i lc �{ b0 Attn: City Manager City and State of Licensee: 1A0U12VA )T X 1'100 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 8 Commencement of work on the pipeline by Licensee after the date of this frilly executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 ATTEST: City Clerk ATTEST: LE Secretary CITY OF BEAUMONT, TEXAS LOW Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) 1�OlW3COl] S IN9,6kcIL,? OR}5 o aeNk TG Represented by: .......... �Sr Title Ricardo S. Lopez AW=Ized Sig MUXY Ti \pipelines\\pipeline license agree 9 Revised 12-14-2007 �' Y I 1 U > d u. 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TO BE VERIFIED PRIOR TO CROSSING X -70M DSAW PIPE W/14 TO 16 MILS FBE & 30 MILS ARO } 0 = 30' MAXIMUM OPERATING PRESSURE: 1,440 PSIG 1 1 Z CARRIER PIPE TO BE EXTERNALLY COATED O f- p PIPELINE TO BE CATHODICALLY PROTECTED PIPELINE DESIGN AS PER REQUIREMENTS OF PART 195 cWil IK= o iz- Q o-. ~ �I TRAFFIC TO BE MAINTAINED DURING INSTALLATION 03 PIPELINE TO BE INSTALLED BY BORING TransCanada III r.,w,,,,��-ea.� O¢I O rn O h o + Q TITLE KEYSTONE XL —GULF COAST 3 N I I a+l O of NATURAL GROUND 1 o I a 0 °+ of O M .n m ^ o oIS o ¢ u> rn m• ol= 47 + rn I + II ^ I pX o � I V) vl lo to S I y j I � C") v): � Ia I 2 1 I I 0� x 81.. I 1 NORTHING: 10897514.56 II I E TING: 126420.0 FLOW " � I ' PROPOSED —/l I t48.s' , 1 36" PIPELINE ROAD PLAN HORIZ: 1" = 30' .............. — ....... ...... ........... ........ COORDINATES BASED ON 1 UTM ZONE 15 NORTH, 5' MIN. CLEARANCE NAD83, U.S. SURVEY FEET ................ -10 36" PIPELINE NOTE: PRODUCT: CRUDE OIL ACTUAL SEWER/WATER LINE LOCATION CARRIER PIPE (ROAD BORES): 36" O.D. X 0.618" W.T. TO BE VERIFIED PRIOR TO CROSSING X -70M DSAW PIPE W/14 TO 16 MILS FBE & 30 MILS ARO MINIMUM TEST PRESSURE: 1,816 PSIG = 30' MAXIMUM OPERATING PRESSURE: 1,440 PSIG 1 1 Z CARRIER PIPE TO BE EXTERNALLY COATED FOR CORROSION CONTROL PIPELINE TO BE CATHODICALLY PROTECTED PIPELINE DESIGN AS PER REQUIREMENTS OF PART 195 OF THE CODE OF FEDERAL REGULATIONS (LATEST EDITION) FIA # TRAFFIC TO BE MAINTAINED DURING INSTALLATION 03 PIPELINE TO BE INSTALLED BY BORING TransCanada III r.,w,,,,��-ea.� o Lo w ++ + Q TITLE KEYSTONE XL —GULF COAST 3 N v, N 30' ....................... ........................................................................................ 30' NATURAL GROUND 1 7137977 -7770 10 .............................................................................. 20" WATER UTILITY. "' 10' 0' _ ....... ....... ........ ..... ....... _ ...... ... .............. — ....... ...... ........... ........ 0' 1 TOP OF PROPOSED 5' MIN. CLEARANCE ................ -10 36" PIPELINE -1 ° 1 I PROFILE HORIZ: 1" = 30' VERT: 1" = 30' 1 1 Z 20" WATER UTILITY CROSSING DRAWING 112o g PERMIT I FIA # CHAINAGE: DISCIPLINE # 4387 M.P. 470.53 03 UniversalPegasus TransCanada III r.,w,,,,��-ea.� i= I INTERNATIONAL 1 I ORIGINATOR: TITLE KEYSTONE XL —GULF COAST SUITBE loo HOUSTON rX. PI 01/07/2013. PROPOSED PIPELINE CROSSING I 1 CHECKED BY: APP OVER BY: IG—L GTC 7137977 -7770 SOUTH MAJOR DRIVE JOB NO. 11042.00 SCALE 1 "=30' DWG No 4387-03—ML-03-501 IREV 0 PLOTTED SIZE: ANSI A (8.5x11) CADD DRAWING: DO NOT MAKE MANUAL REVISIONS >j ---------3-IIJNOIS30--------- ------3WI1------- O O O O O O O O M O Op N n O LO o U �W0=0 a3p a�,1io I'd k. 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W.JJWU2Z `�2 IV H.n3�m b Lp p M O p 0 0 0 0 N -O O dV x��Ut:na Orn W I I I 1 1 I I I - SNOISIN3tl � a ------01------ W z 0 Ix JEFFERSON COUNTY, TEXAS SAMUEL STIVERS SURVEY, ABSTRACT NO. 51 X I 4 I I X x f x I 183' 1 PROPOSEDI 81 NORTHING: 10891767.16 36" PIPELINE I I FASTING: 1275806.86 x I X FLOW x fl x NORTHING: 10891773.29 I I EASTING: 1275787.64 :E - y 4 I < 3 a w � Io+ wAll, a I m go of m o al > ooof m w al w w mw a of w i W 0 0¢ O w CL w Q O Ni X' 0 0 Oa I� o N 0_ D X n O Ci X Q I / O �I �� +I MI I +� +I Iw 0 0 0 0 0 + A o e + 0 0 N �� � � N �� N N NII �m PLAN STA. 0+66 ROAD R.O.W. COORDINATES BASED ON HORIZ:1"=20' UTM ZONE 15 NORTH, NAD83, U.S. SURVEY FEET PRODUCT: CRUDE OIL CARRIER PIPE (ROAD BORES): 36" O.D. X 0.618" W.T. ND AL SEWER/WATER LINE LOCATION X -70M DSAW PIPE W/14 TO 16 MILS FBE & 30 MILS ARO TO BE VERIFIED PRIOR TO CROSSING MINIMUM TEST PRESSURE: 1,816 PSIG MAXIMUM OPERATING PRESSURE: 1.440 PSIG CARRIER PIPE TO BE EXTERNALLY COATED FOR CORROSION CONTROL PIPELINE TO BE CATHODICALLY PROTECTED m PIPELINE DESIGN AS PER REQUIREMENTS OF PART 195 } w OF THE CODE OF FEDERAL REGULATIONS (LATEST EDITION) vw1 TRAFFIC TO BE MAINTAINED DURING INSTALLATION > PIPELINE TO BE INSTALLED BY BORING o: Lu z O M Q In N + + 3 t 0 0 0 a 0_ N N 00 UI N 20' NATURAL .. GROUND ........................................................................................ .......... 20' ..............................- .... I.......... ........ .................................. I ..... ..... . ..........� 10'10' ... ............. 8" PR WATER UTILITY 21" PR SANITARY SEWER TOP OF PROPOSED 5 MIN. CLEARANCE ..............................................................MIN C ...-10' L .......... ................... 36" PIPELINE 5 MIN. CLEARANCE PROFILE HORIZ: 1"=20' VERT: 1"=20' 8" PR WATER UTILITY & 21" PR SANITARY SEWER CROSSING DRAWING PERMIT TransCanada FIA NCHAINAGE: I DISCIPLINE N UniversalPegasus I �f<4387 1 M.P. 473.08 03 1NTERNATiONAL ORIGINATOR: TITLE KEYSTONE XL - GULF COAST 4848 LOOP CENTRAL DR. UPI 10/18/20121 PROPOSED PIPELINE CROSSING SUITE 100 HOUSTON, TX. as 1 71;'9;; PH. 770 CHECKED Y: APPROVED BY: TYRELL PARK ROAD JOB NO. 11042.00 IG -L GTC SCALE 1 =20 DWG No 4387 -03 -ML -03-503 REV 2 PLOTTED SIZE: ANSI A (8.5x11) CADD DRAWING: DO NOT MAKE MANUAL REVISIONS n RICH WITH OPPORTUNITY BEA�UMOK* T - E - 8 - A• S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager PREPARED BY: Patrick Donart, Director of Public Works MEETING DATE: April 30, 2013 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Briarbend Subdivision. RECOMMENDATION The administration recommends approval of the following: • Sienna Trails approximately 487 feet extension north of existing Sienna Trails to North Briarbend loop. • South Briarbend Loop approximately 519 feet east Sienna Trails extension to Cul de Sac. • East Briarbend Loop approximately 406 feet north of South Briarbend Loop to Cul De Sac. • North Briarbend Loop approximately 401 feet east of East Briarbend Loop Cul De Sac to OM -4P Dead End Roadway Markers. Also, recommended for approval are the storm sewer, water and sanitary sewer improvements for Briarbend Subdivision right-of-way only. The aforementioned improvements in the subdivision passed final inspection from all entities involved on March 7, 2013. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. r ICINR 1 1 t.r A NTS BRIARBEND .SUBDIVISION RESOLUTION NO. WHEREAS, construction of the streets, storm sewer, water and sanitary sewer improvements constructed in Briarbend Subdivision have been completed as follows: ; and, Streets • Sienna Trails approximately 487 feet extension north of existing Sienna Trails to North Briarbend Loop. • South Briarbend Loop approximately 519 feet east Sienna Trails extension to cul de sac. • East Briarbend Loop approximately 406 feet north of South Briarbend Loop to cul de sac. • North Briarbend Loop approximately 401 feet east of East Briarbend Loop cul de sac to OM -4P dead end roadway markers. Storm Sewer. Water and Sanitary Sewer Improvements • Briarbend Subdivision, right-of-way only. 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 Briarbend 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. 2013. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April, - Mayor Becky Ames - RICH WITH OPPORTUNITY BEAUm"ON* T • E • X • A • S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager James P. Singletary, Chief of Police April 30, 2013 REQUESTED ACTION: Council consider a resolution authorizing the City Manager or his designee to reenter into a Children's Advocacy Interagency Agreement with Jefferson County and the Garth House. BACKGROUND Jefferson County has developed a multidisciplinary team approach to the investigation of child sexual and physical abuse that protects the children of Jefferson County from further victimization caused by excessive interviews and lack of communication. The multidisciplinary team approach will help develop, maintain and support through the Garth House, an environment that will emphasize the best interest of the children and provide investigatory and rehabilitative services. In October 2009, the Beaumont Police Department entered into an agreement called the "Children's Advocacy Interagency Agreement with Jefferson County and the Garth House. The Garth House is a non profit organization. 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 or his designee be and he is hereby authorized to execute a Children's Advocacy Interagency Agreement with Jefferson County and the Garth House to prevent child abuse and neglect and to lessen the trauma to child victims of sexual and severe physical abuse during the investigative, prosecutorial and healing process. The agreements are substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. 2013. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April, - Mayor Becky Ames - rl Children Advocacy A lntqrapenx yAgreement I N-MA'Sab— _00 ty This agreement made by and between the undersigned agencies Witnesseth 7hat., Whereas, child abuse is recognized as a significant national problem and realizing that the justice system must respond appropriately to the ch/Id victim, and Whereas, a memorandum of understanding executed LW this Interagency Agreement from the Texas Family Code 264,403(b) shall indude the agmbWent of each partdpadng entity to cooperate in: (1) developing a cooperative, team approach to abuse; (2) reducing, to the greatest extent possible q"U, in' ews required of a victim of child abuse to minimize the negative ffiod_'the in e ch!/d; and ( �3) developing, maintaining, and suppor*i1otiqh the onment thatr. emphasizes the best interests of childr&4 provides investfgaA}?! and rehabilltative services. Whereas, the Garth HouseN established in Beaumont, 7X and as Whereas, Jeffewn County has investigation of child., physia Vj M from further icui n- cauby exi agencies, and Advocacy Program, Inc has been ,own funds, and 01,�#qy team approach to the it;�Vhe c n of Jefferson County 0 7te<tlark Of communication between Whereas, by Mffft'., - - , Garth hWiF Mickey Mehaffly Children �; Advocacy �Nnq) j. att Prog�Wa,..�M,�..� rinues C t6i ; - Me anY.Iate environment in which children are inte ancb Whereas the seen Mickey Mehaffy Children s Advocacy :GarthHouse, #Afte Gart P �Wmq..I vc. are seen cin -s.. terra,�, from law enfibmement and Child Protective Sertices ,w + and are bQ#ed services wi sex, religion, national origin, or disability, and Now, fore, ore, the undersigned agencies have agreed to continue to support the concept, devek+"',+Ment and utilization of the Garth House, Mickey Mehaffy Children s Advocacy 21OP—On county Name/Agency Judge Jeff Branick- Jefferson County Judge Tom Maness - Jefferson County District Attorney WA 0 11 1.1 Date Sheriff Mitch Woods - Jefferson County Sheriff ice Chief James A Singletary -Beaumont Police Department Marsha#JefiWilmore - Groves Police Department Chief Darrell Bush - Nederland Police Department Chief Mark Blanton - Port Arthur Police Chief Paul Lemoine - Port Neches PotIce Dept, Chef C/ydell Duncan - Beaumont Chief Joseph Ma/bt kR,,A rtJiurr5D Brenda Garison - ChAdAbjise & M' •.Craver - Jeffersova .t7ounty s Assisnce, Judy Bow, Regional Direbr Y TX Dept. of & Protective`:5ervices Ellen Jones - Chief Exec �1fFicer CHRI57US Health SE Texas Lanis McWilliams - CASA of S. E, Texas Ed Cockrell - Jefferson County Juvenile Probation Julie H. Prudhome, M.A., LPC -5 - Clinical Director, Garth House, Mickey Mehaffy Children s Advocacy Program, Inc. Marion Tanner - Executive Director, Garth House, Mickey Mehafi`y Children's Advocacy Program, Inc rM GARTH HOUSE Mickey Mehaffy Children's Advocacy Program, Inc. WORKING PROTOCOL Mission Statement To prevent child abuse and neglect and to lessen the trauma to child victims of sexual and severe physical abuse during the investigative, prosecutorial and healing process. Agency Roles & Commitment to the Chil %yocacy Program, Inc. Agency Partners of the Garth House, Mickeytaffyren's Advocacy Program, Inc. have signed an interagency ernent of operation in the investigation and prosecution of childcases. They rete;#heir individual department roles and follow departme cedures, but have' tarily edure in . rt '"` committed to make the children's advoca - -srograr. of their order 49a TPY1 .: 1. Develop a cooperative, tea fio invting child abuse. 2. Reduce to the greatest extee ssl�3numbIftib,,interviews required of a child victim to .ke the ne tive irrt` ><r.,`. x, the in: gation on the child. 3. Develop, mai l ' - Pport t . ug n's'`advocacy center, an environment, employes the I :"terest o ldren and that provides investigatory ia :"' .rehabili five servi s. The Prb s l Stan Aip c omri i*, ,of ttle`; hildren's advocacy program board h a opted the tocolT:J. referrals ng and coordinated investigation and pgtion. The comittee• ls,made up of representatives of the primary aaencies•whose soecik.foles at ..'listed below. Texas De#tment of Family and Protective Services *Also referA... o„,in, this doc. o&nt as TDFPS and Child Protective Services (CPS) TDFPS/Child Prdteive.^cervices investigates child safety and welfare in accordance with agdoo- .' licy. and state laws. • Notify the proper haw enforcement agency of child abuse reports. • Utilize the children's advocacy center for the digitally recorded initial investigative interview of alleged child sexual & physical abuse victims in accordance with Section 254 Subchapter E of the Texas Family Code & center protocol. • Participate in coordinated investigation of child abuse reports with law enforcement and prosecutors including participation in case (review) staffing which is facilitated by the children's advocacy program. Page I I • Provide a voting representative to sit on the Professional Standards Committee "ti of the children's advocacy program board. Law Enforcement • Provide criminal investigation of child abuse reports. • Notify Child Protective Services of child abuse reports. • Utilize the children's advocacy center for the initial investigative interview of alleged child sexual & physical abuse victims in a5#lance with center protocol. • O Participate in coordinated investigation of - W Use reports with TDFPS/ CPS and prosecutors, including pa cEi4.(Tpview) staffing which is. facilitated by the children's advoca • Provide a voting representative to t e r on ndards Committee of the children's advocprogram board. Forensic Nurse Examiners (PNE) • Notify law enforcement services of child a "Use Prot Pild RE, reports. • A medical/forensic exam will .1%pe :ted only Ith.. authorization of law enforcement or CR5. • Participate in OLated investr .on rI use` ports with law d e n f 6 rc e m e FPS/and pr So, i If.0participation in case FPS/ y M a d (review) sta p.hlch 11 1 itatE children's advocacy program. • Provide a voting`�r, pD. es q to sit e Professional Standards COMM �Oe� ram board. Dict Attorneys office & represents the best interest of Prosk, child abuse�cases Inqrclri�. the civil 'NP-'-SjCPS has conservatorship. ,t,action i,_..=*`016h • Provi&'� I answers -.--",f6, questions that arise in the course of the investigatiZopconduct4t y law enforcement and TDFPS/CPS. • Participate ii cogoated investigation of child abuse reports with 4t - � and"I" including participation in case (review) TDFPS/CIPS staffing which is facilitated by the children's advocacy program. • Conduct preliminary intake of cases at case (review) staffing meetings. • Represent the Texas Department of Family and Protective Services in suits affecting the parent-child relationship, and for emergency protection of a child, up to and including termination of parental rights. • Provide a voting representative to sit on the Professional Standards Committee of the children's advocacy program board and the Board of Directors or Advisory Board of the children's advocacy program board. Page 12 Children's Advocacy Center The Garth House, Mickey Mehaffy Children's Advocacy Program, Inc. will be the neutral site for interviews of children in cases of alleged child abuse. • Provide Forensic Interviews of alleged victims and witnesses Facilitate Multidisciplinary Team case (review) staffing • Case tracking and reporting • Court testimony • Training for agency personnel • Training/awareness programs for community :f • Counseling for victims and non -offending familyCambers • Provide referral information for medical ex • Family advocacy services including: courto�mpai. ent, information and referral, assistance with Crime Victim's:en Case Referral Child Protective Services (CPS) and law sexual abuse cases of children.:.age 12 y center for a digitally recorder:' ,y , Ic i children age 12 years old and ` forwarded to the District Attom 01 - �. referred to the cenj eg, , xce tions, z someone with a or dev g District Attorn i ° htervlew assume responsibi ty for enforcement agenclas.:#i jurisd PS. The) el Case St - In In order t6 ,Y< investigation case staffing. necessary. refer 11 rcement agencies wili:�.W alleged ars"i a rider to the a;;iacy bervie ysical abuse cases (of ich hav%t. ~potential of being crimina osecution may also be age I -.may be made for en .. 've OAability, or if the 3' ry. forcement and CPS will jil"which they have involvement. Law `:...e cases that do not fall under the y;Mehaffy Children's Advocacy 11e§"`riv{th Interagency Agreements. isy'interviews only. stain a cooperative team approach to the which is sensitive to the best interest of the child, a a week or as the district attorney's office indicates The representatives attending for law enforcement and CPS will be those workers assigned to each case on the agenda. The County District Attorney's Office will be available to advise and to conduct preliminary intake of cases at each staffing. Forensic nurse examiners will be requested to attend in order to explain their finding if an exam was done. Garth House staff shall also attend to include illreit!eriwer ; mental health providers and a family advocate. Each agency involved in the investigative process must bring all pertinent information to the case (review) staffing. All Multidisciplinary Team Members Page 13 attending the case (review) staffing must sign the Sign -In Sheet containing the Confidentiality Pledge before each review. An automatic staffing will occur under the following conditions: • Pre -staffed prior to the interview. • One to three weeks after the interview is performed. • Additional times as requested by CPS, law enforcement or D.A.'s Office. Request should be made to the advocacy center staff so that the case(s) may be added to the agenda. ,At Forensic Interviews • It is necessary for the law enforce "' a the children's advocacy center to schA;. • When scheduling an interv:..w, initial ba provided and will be staff' . ' r to the • The children's advocacy cer�nsi recorded interview. Formal drn'e interviewer. The @0vocacy cer r. sta into the track) � in for . 2ttftal rE officer or CPS le an inte-wie contact :e .er will perform the digitally of ttie: D will be made by the inter d' :. concerning the case • Interviewsbe scf�aIed More t ughrr in Beaumont and Orange. The`��`+�rson refOi=ing the cane'must schedule transportation for the child and must r i in pi , 6e.center u ),the interview has been completed, ori�tother inut9ttEe ncy person present. • lie oun cl;+dren s tJd haver hed a maturi leve! of bein verbal. • inceptions to tt�;>°;IZ yeaf:_4d limit are`made on a case by case basis depending on the"tent's di:lopmental levei and possible other extenuating No All"��"':o:.,Per etrat —� ire ardin current allegations are allowed on the �:. P 9 9 e9 premises:=' • CPS or law eiircemr%fi`must be present for the interview. • If law enforcenl� o ; SPS is involved in the case, please notify each other of the Garth House interview. • Do not schedule the Interview prior to making contact with the family. • When possible, the Garth House interview should be done prior to the Forensic Nurse Exam. Exception is acute cases. • In cases of physical abuse, only severe cases in which the child is injured on vital areas will be interviewed. • Emergency interviews will be conducted when the child is in immediate danger or failure to interview the child immediately could result in the loss of Page 14 vital information. In case of emergency after hours, contact Marion Tanner, Garth House Executive Director, at cell number 409-350-1188. • Inform the family that they need to be on time for the interview. CPS workers and law enforcement should also be on time. Getting to the Garth House 1 or 2 hours before the interview is totally unnecessary. Limit the number of family members coming to the Garth House as too many people tend to create some or all of the following: • Too much noise • Too much pressure on the child • Problem of limited space • Possible conflict among the adults in attg6�9ce • If you find that the interview needs to be r@slled or cancelled, please notify the Garth House as soon as possibly • Be sure to bring police reports and CPorts to the<erview, so that the interviewer can obtain necessary 't tion for Garth ' �'� ;lse files. The case will be pre-staffed prior to the intev. • Do not promise the children gifts, pri the int iew bel 1g ftducted, or tell them that they will be eceiving a st N after the � . House interview has been camp • Do not over question the I.Prior to u' ` 'nterview. Please stop questioning the children reg P9 r buse at int of disclosure. (This also includes audiq„taped inter;;Ovv .) ` ;vuorke puld assess young ,,. .....,._,.x., :y:. rth House children to see f� j'�re verbal d can f. tl ate irt:o Ga 3.1 interview. • All pertinent questionsanc /or addition-al' information should be given to the interviewer prior it i<_the 0t4bew. -rk!Anterviewer will return to the monitor rood �a; :. oncl 'ftt°' ::myth .else needs to be asked. ` ,l awe c3l', ifuneed to ei� a videotape or DVD. •te.interviews If a secontl"j _... rviev requested regarding the same alleged ` `.:.-beroetrator, case flit be discussed with the District Attorney with ■ If a=':HiCd interview is requested regarding the same alleged perpe -:. ror, ase staffing will be scheduled with all MDT members (current >:al%.. X `reviously) involved. After all previous investigations are reviewer;'"the District Attorney will decide if the interview will be conducted. If there is a witness or medical evidence that is present in a case and a victim cannot be interviewed or does not make an outcry, the evidence can be used to request an d l` s. f% r -. at the discretion of the pertinent County's District Attorney, but the case must be staffed first. Page 15 Counseling • There has to be a report of child sexual abuse or severe physical abuse to law enforcement and/or CPS. • Counseling may be obtained, for sexual abuse victims (ages 3-17) and non - offending family members. Counseling is not provided to any alleged perpetrators. • Counseling can also be provided for any child victim (ages 3-17), as long as it E has been reported to the proper authorities_ :-a Having an open case investigation is not required, nor is it required.;"' f`.the child be interviewed at the Garth House in order to receive counsel':., °`savjces. • The parent or guardian calls the Gartt,ouseµunselors to set up the counseling. They have to be able to y legal coni.form. • The counselina oroaram does N custody evetions. t e arr�ily.;�d�ocate wol' er: vPsi v� the i`a #iy at Ski! of th fierv�-e01 c t.Insul'I' the lggf#tl. i'il p ar Forensic Nurse • Lai enforct or CPS request abrensc Nurse Exam based on the alleged aim's outcry, cfdible, tness, testimony, or other significant forensic i .. .y f = which wo daead' ryv, enforcement or Child Protective Services to reasobly expect t ' nsc-;_urse Exam may yield biological, hair, fiber or other a gnce which' uI assist in the investigation of the allegation. • An exam vein 96 hours, of the offense is considered acute. To access CHOP . bus R d Forensic Services, call 409-832-0421. • To access CHR ...t. Elizabeth, send the patient to the Emergency Room or the non-acute"'e am can be scheduled by law enforcement by calling the Forensic Nurse Coordinator at 409-899-7100. Confidentiality and Ownership (in accordance with Section 264.408 of the Family Code) DVD Storage DVDs made at the Garth House, Mickey Mehaffy Children's Advocacy Program, Inc. are the property of: Page 16 Z. District Attorney's office in cases of criminal action the,Aet ild '),W(Aor6e A ng;06, in, o evil actlaft Me tnq child - n.1 iii' ijegl�>t 3. Law enforcement if investigating 4. CPS ifj1149900- 09 A V!dO*W,' inteNION Of 9 600 10�O 'vo'.'-- W-- 9 a gaaad *Of the ow thle, rQw- qu; na to -01 An ts s f A I Ishn pe,:B,. e,.pr th a "th Mdi�bta V, 'Iffi Ad -4 en die. i. hwa .6�th Fbfe t1h e .,e,:c -1, Te sadvocecy center )f the W, Ys A6 v ep. -,eiODrisple e gWrides ;.pe w 4. Records the ildren's advocacy Records needed f0f.':O, atI44to.1lection &e. mainlX ien or center. The inJV tion'67. ' CPS, and the 0 di tho..-`.O %,.-Ilhose respective agencies. Information prosecutor's ffie"n is or DVDs requ or to .0tviduals must be obtained from the D.A agency conducting the Inv ation. Con' Aptiality The fII9 orts catloi'd working papers used or generated in p rp providin6'AtIces by th House, Mickey Mehaffy Children's Advocacy Program, Inc' confid I and not subject to public release. All laws concerning;`-' J-' " tiality as described in the Texas Family Code 261.201 ,q n -Ad ;' en will be strictly adherdd"7""Itb. Aorvikwl* ft W I b-4 oo i (.iOU tor.pkrkoao 3:6 khof 0.) t w Rule. 6t5, TO gag -Rgfos ofOV W efica. Ed. Wt. 9hall. 00--Y-81Wr. defendant to OopyyphoWgrepb d4i 011oa or OthOrw,semproft:e,a V) or interview Osc Y de 2fi4Ai713 °Subaeetien (d), Or-OvIded that the. PrQseCuting 800.rn-ney makes the videotape read nably Page 17 4 v aWelo .e defen i. i kt sain �i a e s r pV.y o eri; [' tay be mato aya�(atile to: l tl. r:: I 'ttorri . , grid a arh i i'.'P $es rider: o 3- ,.jS(d' Code of Qjm-j ial. P i +e ore.. Conflict Resolution Policy All members of the collaborating agencies work together with a common concern—the welfare of the child. All members of the collaborating agencies . also work together with a common goal, to communicate with mutual respect. However, differences of opinion are to be expected. Discussion during the regular multidisciplinary staf€ih. f nd other ongoing discussions among team members about probi Ms"* the team encounters will help resolve them. It will also assist to clari 's aiiC.tgsponsibilities of the team members. Any unresolved problems or conflicts ween team member! rding cases being addressed at the Garth House, Mi%,Mehaff hildren's" �.. , acy Program shall be taken to the Garth House,`I* -Ke Raffy Childre s ldvocacy Program Board President fort). n. kI 4Y Judge Jeff Bran i - Jerson P*V Judge Tom Maness - District Attorney Sheriff Mitch Woods - Jefferson County Sheriff Ofl'ice Chief James P, Singletary - Beaumont Polio Department Marshall Jeff Wilmore - Groves Police Department Page 18 Chief Darrell Bush - Nederland Police Department Chief Mark Blanton - Port Arthur Police Department Chief Paul Lemoine - Port Neches Police Dept Chief Gydell Duncan - Beaumont ISD Police Dept Chief Joseph Malbrough - Port Arthur ISD Police Brenda Gan5On - ChIld Abuse & Forensic Misty Craver - Jefferson County VZ Judy Bowman - Regional Director ,7X Dept. of Family & Protective Se Ellen Jones, CEO 1?ISTUS Hca SE Marion Tanner - Exec * q VAMctor .. Garth House, Mickey A" Children s Advocacy Program, Inc Page 19 RICH 'WITH OPPORTUNITY IIEAIIMON* T • E • x • A • s City Council Agenda Item WIT City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: April 30, 2013 REQUESTED ACTION: Council consider a resolution authorizing the City Manager or his designee to enter into a promotional agreement with Academy Sports + Outdoors. BACKGROUND Said promotional agreement allows for the acceptance of a donation of goods and supplies, including 500 bicycle safety lights, for the Beaumont Police Department's Bike Rodeo scheduled for Saturday, May 4, 2013. 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 a Promotional Agreement with Academy Sports + Outdoors for the acceptance of a donation of goods and supplies for the Beaumont Police Department's Bike Rodeo. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. 2013. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April, - Mayor Becky Ames - AAcademy- SPORTS+OUTDOORS PROMOTIONAL AGREEMENT Recipient Name and Address, Contact City of Beaumont — Police Department, P.O. Box 3827 Beaumont, TX 77704 (409) information 880-1092 Event Name/Description Beaumont Bike Rodeo (youth bicycle safety event) Date of Event Saturday, May 4, 2013 Promotional Consideration to Recipient Donation of 500 bicycle safety lights Benefits to Academy To support a community initiative geared toward youth safety and exercise Terms and Conditions Academy Sports + Outdoors, Inc. ("Academy"), 1800 North Mason Road, Katy, TX 77449 will provide to the recipient organization listed above ("Recipient") the Promotional Consideration described above in accordance with these terms and conditions. 1. Recipient has developed an event (the "Promotion") that may include the award or delivery of one or more prizes, provided by Academy in the form of Promotional Consideration, during the event set forth above. The Promotion will be operated and conducted exclusively by Recipient including the fulfillment and delivery of any prizes, the creation, registration (if necessary) and publication of any official rules governing the Promotion, the administration of the Promotion, compliance with all governing or related laws, rules and regulations, and the publication of all related advertisements. Recipient warrants, represents, and guarantees to Academy any rules or terms related to the Promotion shall comply with all applicable laws and regulations during the Promotion. 2. Each Party agrees to grant the other a limited license to use its names, logos and related trademarks ("Marks") for advertising and promotional purposes in connection with the Promotion. The description of the Promotional Consideration and all uses of Academy's logo and/or trademark(s) in the Promotional Materials shall be subject to Academy's prior approval. Academy and Recipient acknowledge that neither party has any other interest or rights in the other's trademarks. 3. Academy shall not be liable or responsible for any loss or unavailability of any Promotional Consideration for any reason. Recipient agrees to release and hold Academy harmless for any failure to deliver or provide any Promotional Consideration due to any reason other than Academy's gross or willful negligence. In no event shall Academy be liable to Recipient, its affiliates, or their respective directors, officers, employees, agents or subcontractors, for any harm whatsoever, including any incidental, indirect, consequential, or special damages, arising from any delay or failure to provide any Promotional Consideration or the use or misuse of any Promotional Consideration. 4. Nothing contained in this Agreement shall be deemed or construed a joint venture or partnership between the parties hereto. Neither party is, by virtue of this Agreement, authorized as an agent, employee or legal representative of the other party hereto. Neither party shall have any power or authority to commit or bind the other party. Neither party may assign its rights or obligations under this Agreement to any other party without the written consent of the other. The provisions of this Agreement shall be severable and the invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provisions. This Agreement sets forth the entire agreement between the parties and may not be amended except in a writing signed by both parties. The persons signing this Agreement shall have all legal authority and power in their respective capacities to bind Recipient and Academy. Any disputes arising under this Agreement must be first mediated in Houston, TX, and then if no resolution results from mediation either party may pursue a claim in the federal or state courts located exclusively in Harris County Texas, and applying exclusively Texas law, except that each party is solely responsible for its own attorney's fees. Neither party will be liable for failure to perform due to force majeure. la "ACADEMY" "RECIPIENT" By: Its: Date: Its: Date: 44896_1 EXHIBIT "A" RICA! WITH OPPORTUNITY BEAUMON* REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 30, 2013 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 4-9/Consent Agenda * Consent Agenda GENERAL BUSINESS Consider an ordinance approving a zone change from RS (Residential Single Family Dwelling) District to RCR (Residential Conservation and Revitalization) and a specific use permit to allow a washateria in an RCR District at 3505 Pine Street 2. Consider an ordinance approving a zone change from LI (Light Industrial) District to GC -MD (General Commercial -Multiple Family Dwelling) District at 4380 Fannett Road 3. Consider an ordinance approving a specific use permit to allow a general business office and training space in an RM -H (Residential Multiple Family Dwelling - Highest Density) District at 7650 Park North Drive 4. Consider an ordinance approving the abandonment of a 60' x 140' unimproved street right-of-way on Estelle between 3505 Westmoreland and 3495 Westmoreland 5. Consider an ordinance abandoning approximately 0.3611 acres of Stagg Drive approximately 250' from 111h Street 6. Consider an ordinance amending Ordinance No. 12-065 by deleting the Precinct 90 reference number 7. Consider amending Section 2.03.075 of the Code of Ordinances to increase the number of Grade III (Lieutenant) positions from 15 to 16 and reducing the number of Grade II (Sergeant) positions from 43 to 42 in the Beaumont Police Department 8. Consider a resolution approving a bid for the Seventh Street Pavement Widening and Drainage Improvement Project 9. Consider a resolution approving an insurance policy for city -owned properties COMMENTS Councilmembers/City Manager comment on various matters Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to, contemplated or pending litigation in accordance with Section 551.071 of the Government Code: J.A.I. Dining Services (Beaumont), Inc., et al vs. The City of Beaumont, Texas, et al; No. 1:13-cv-00157 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting. 1 April 30, 2013 Consider an ordinance approving a zone change from RS (Residential Single Family Dwelling) District to RCR (Residential Conservation and Revitalization) and a specific use permit to allow a washateria in an RCR District at 3505 Pine Street RICH WITH OPPORTUNITY [IEA,UMON* T • E • % • A • S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager C,;) PREPARED BY: Chris Boone, Community Development Director MEETING DATE: April 30, 2013 REQUESTED ACTION: Council consider an ordinance approving a zone change from RS (Residential Single Family Dwelling) District to RCR (Residential Conservation and Revitalization) and a specific use permit to allow a washateria in an RCR District at 3505 Pine Street. BACKGROUND Sergio Sierra has applied for a zone change and specific use permit. Sergio Sierra, the property owner, would like to convert the existing commercial building on the property into a washateria. The property is occupied with the vacant commercial building and his residence. Mr. Sierra states that the business will have 15 washing machines and 12 dryers and operate from 9 a.m. to 9 p.m., seven days a week. This building was constructed a number of years ago for use as a washateria. However, due to being vacant for several years, the building has lost its legal non -conforming status. The building is sitting 8' into the City right-of-way along Martin Street. To correct such an encroachment, either the building needs to be moved or a license to encroach needs to be approved by the City Council. At a Joint Public Hearing held April 15, 2013, the Planning Commission recommended 7:0 to approve the zone change at 3505 Pine Street from RS to RCR and approval of the specific use permit to allow a washateria in a RCR District subject to the following conditions: 1. The parking lot shall be redone to comply with City requirements. (Redesign existing parking lot to meet City specifications and to prevent vehicles from backing directly onto Pine Street or provide a parking lot at the rear of the washateria with access onto Martin Street.) 2. Apply to City Council for a License to Encroach. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance subject to the following conditions: 1. The parking lot shall be redone to comply with City requirements. (Redesign existing parking lot to meet City specifications and to prevent vehicles from backing directly onto Pine Street or provide a parking lot at the rear of the washateria with access onto Martin Street.) 2. Apply to City Council for a License to Encroach. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) TO RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 3505 PINE STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to RCR (Residential Conservation and Revitalization) District for property located at 3505 Pine Street, Tract 76 PL D20, A. Williams Survey, City of Beaumont, Jefferson County, Texas, containing .75 acres, more or less, as shown in Exhibit "A" attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. 2013. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April, - Mayor Becky Ames - ile 2166-ZJP: Request for a zone change from RS (Residential Single Family Dwelling) N ►istrict to RCR(Residential Conservation and Revitalization) District or more restrictive l� istrict and a specific use permit to allow a washateria in an RCR (Residential onservation and Revitalization) District. c)cation: 3505 Pine Street pplicant: Sergio Sierra 0 100 2001 1 I 1 Feet Legend � I 2166ZP 1 ' r } I � I � I I i ' , I ----- R -S � z IP I - __-T- �R-S i I i RC R I � f MARTIN-S•T I I R- R_S.- S ( N I � � 1 EXHIBIT "A" ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A WASHATERIA IN A RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT AT 3505 PINE STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Sergio Sierra has applied for a specific use permit to allow a washateria in a RCR (Residential Conservation and Revitalization) District at 3505 Pine Street, being Tract 76, PL D20, A. Williams Survey, City of Beaumont, Jefferson County, Texas, containing .75 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a washateria in a RCR (Residential Conservation and Revitalization) District at 3505 Pine Street, subject to the following conditions: ;and, The parking lot shall be redone to comply with City requirements. (Redesign existing parking lot to meet City specifications and to prevent vehicles from backing directly onto Pine Street to provide a parking lot at the rear of the washateria with access onto Martin Street. Apply to the City Council for a License to Encroach. WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a washateria in a RCR (Residential Conservation and Revitalization) District at 3505 Pine Street, being Tract 76, PL D20, A. Williams Survey, City of Beaumont, Jefferson County, Texas, containing .75 acres, more or less, as shown on Exhibit "A," attached hereto, is hereby granted to Sergio Sierra, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • The parking lot shall be redone to comply with City requirements. (Redesign existing parking lot to meet City specifications and to prevent vehicles from backing directly onto Pine Street to provide a parking lot at the rear of the washateria with access onto Martin Street. • Apply to the City Council for a License to Encroach. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B," attached hereto and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. 2013. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April, - Mayor Becky Ames - e 2166-ZJP: Request for a zone change from RS (Residential Single Family Dwelling) 1�T Arict to RCR(Residential Conservation and Revitalization) District or more restrictive 1V trict and a specific use permit to allow a washateria in an RCR (Residential nservation and Revitalization) District. )cation: 3505 Pine Street pplicant: Sergio Sierra 0 100 200 1 1 1 1 Feet Legend 2166ZP --�- R -S A Ifir_____--------- __----_ R -S I RC R 1 i MARTIN -ST i C I 1 EXHIBIT "A" *Approval of ordinance subject to the following conditions: 1. The parking lot shall be redone to comply with City requirements. (Redesign existing parking lot to meet City specifications and to prevent vehicles from backing directly onto Pine Street or provide a parking lot at the rear of the washateria with access onto Martin Street.) 2. Apply to City Council for a License to Encroach. EXISTING= CYCLONE FENCE TO SE REPLACED WITH A 6' WOOD FENCE PLOT PLAN SCALE: 1% 30' w z 3505 PINE STREET a z BEAUMONT TX. w o --r JEFFERSON COUNTY Q w TRACK i TL D 20 SURVEY A. WILLIAMS .'15 ACRES OUSE 1 J 'o DATE: 3-25-13 10'-S fs" EXISTING 10'-I" I STORY METAL BUILDING SIGN ON 5 PARKING SPACES swLDI S' X 18' 1 ADA PAP-<- SP. P. ADA I EXIT P P 11 A O �U \ EW PAHULT I I NEW GGES 4 � ASPAH T < FiR = EXIST._ EXISTING I ( ��tc� 74e DRIVE NOTE: I. CONCRETE ADA RAMPg 1/2 PITCH 2. ADD MORE ASHAULT FOR PARKING SPACE 3. LANDSCAPE t SCREENING WAIVED SY GIT` SERGIO SIERRA E DAUGHTER CONTACT PERSON LILLIANA 454-6535 5RENDA's DRAWINCZ SOARD uJ>�Si-�,4T R1 1 -MO Gladye Sulte G Beaumont, Texaa T106 'hone: (409) 866-5100 Fax: (409) 866-8101 E -mall babahlrgabcglobal.not EXHIBIT "B" 2 April 30, 2013 Consider an ordinance approving a zone change from LI (Light Industrial) District to GC -MD (General Commercial -Multiple Family Dwelling) District at 4380 Fannett Road RICH WITH OPPORTUNITY BEA,[IMON* T• E• X• A• S 101 City Council Agenda Item City Council FROM: Kyle Hayes, City Manager C)� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: April 30, 2013 REQUESTED ACTION: Council consider an ordinance approving a zone change from LI (Light Industrial) District to GC -MD (General Commercial -Multiple Family Dwelling) District at 4380 Fannett Road. BACKGROUND The American Postal Workers' Union, on behalf of Eugene Koch, Pastor of the Christ Community Church has applied for a zone change. The proposed zone change will allow for the property to be used as a church. It is in keeping with the character of the surrounding neighborhood. The north 228'± of the parcel is already zoned GC -MD, while the south 176'± of the parcel is zoned LI. A church is a permitted as of right use in the GC -MD zoning district. Parcels to the north, north east, and west are all in the zoned GC -MD district. At a Joint Public Hearing held April 15, 2013, the Planning Commission recommended 7:0 to approve the zone change from LI District to GC -MD District. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED LI (LIGHT INDUSTRIAL) TO GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 4380 FANNETT ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned LI (Light Industrial) District to GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 4380 Fannett Road, being the south 176' t of Tract 3, Block 1, Heflebower & Scott Addition, City of Beaumont, Jefferson County, Texas, containing 0.43 acres, more or less, as shown in Exhibit "A" attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. 2013. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April, - Mayor Becky Ames - File 2167-7.: Request for a zone change from LI (Light Industrial) District to GC -MD N 'General Commercial -Multiple Family Dwelling) District. Location: 4380 Fannett Road Ak Applicant: American Postal Workers Union Beaumont Sectional Center, AFL-CIO 0 100 200 1 1 1 1 Feet Legend R -S M 21672 1-04 li N GC-M,D GC -MD � LI I l �o P# GC -MD LI i I i EXHIBIT "A" 3 April 30, 2013 Consider an ordinance approving a specific use permit to allow a general business office and training space in an RM -H (Residential Multiple Family Dwelling- Highest Density) District at 7650 Park North Drive RICH WITH OPPORTUNITY [11'EA,[1M0N* T• E• X• A• S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager C� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: April 30, 2013 REQUESTED ACTION: Council consider an ordinance for a specific use permit to allow a general business office and training space in an RM -H (Residential Multiple Family Dwelling -Highest Density) District at 7650 Park North Drive. BACKGROUND James Hazen, owner of HRT Contracting has applied for a specific use permit on behalf of St. Giles Living Center, Inc. The proposed office space will contain seven offices, a conference room, a small training room (for about 12 people) and bathroom/break room facilities. The overall size of the proposed building is 33' x 77 '/2', or 2402 square feet of office space. This specific use permit will be an expansion of a specific use permit granted to St. Giles in 2005. The building will be located on a site with an existing building already owned and in use by the company. The existing driveway will be relocated to accommodate more parking and the new building. The proposed building will be located at the northern corner of the parcel. At a Joint Public Hearing held April 15, 2013, the Planning Commission recommended 7:0 to approve the specific use permit to allow a general business office and training space in an RM -H District at 7650 Park North Drive subject to the following condition: 1. Typical parking spaces shall be 9' x 18' and the ADA parking space shall be either 8' x 18' with an 8' access aisle or 11' x 18' with a 5' access aisle. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance subject to the following condition: 1. Typical parking spaces shall be 9' x 18' and the ADA parking space shall be either 8' x 18' with an 8' access aisle or 11' x 18' with a 5' access aisle. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A GENERAL BUSINESS OFFICE AND TRAINING SPACE IN A RM -H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) AT 7650 PARK NORTH DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, St. Giles Living Center, Inc., by and through its representative James Hazen, has applied for a specific use permit to allow a general business office and training space in a RM -H (Residential Multiple Family Dwelling -Highest Density) District at 7650 Park North Drive, being Tract 216C, Plat RS -4, W.B. Dyches Survey, City of Beaumont, Jefferson County, Texas, containing 5.753 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a general business office and training space in a RM -H (Residential Multiple Family Dwelling -Highest Density) District at 7650 Park North Drive, subject to the following condition: ;and, • Typical parking spaces shall be 9'x 18' and the ADA parking space shall be either 8'x 18' with an 8' access aisle or 11' x 18' with a 5' access aisle. WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a general business office and training space in a RM -H (Residential Multiple Family Dwelling -Highest Density) District at 7650 Park North Drive, being Tract 216C, Plat RS -4, W. B. Dyches Survey, City of Beaumont, Jefferson County, Texas, containing 5.753 acres, more or less, as shown on Exhibit "A," attached hereto, is hereby granted to St. Giles Living Center, Inc., its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following condition: • Typical parking spaces shall be 9'x 18' and the ADA parking space shall be either 8' x 18' with an 8' access aisle or 11' x 18' with a 5' access aisle. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B," attached hereto and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. 2013. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April, - Mayor Becky Ames - File 2165-P: Request for a specific use permit to allow a general business office and N raining space in an RM H (Residential Multiple Family Dwelling-Highest Density) )ist rict. .ocation: 7650 Park North kpplicant: The Giles Living Center, Inc. 0 300 600 1 1 1 Feet EXHIBIT "A" P 6;z ; G EXHIBIT "B" I c4 1 1 r� _ k NEVA' �. P 6;z ; G EXHIBIT "B" April 30, 2013 Consider an ordinance approving the abandonment of a 60' x 140' unimproved street right-of-way on Estelle between 3505 Westmoreland and 3495 Westmoreland RICH WITH OPPORTUNITY [1EA,UM0N* T - E - X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: April 30, 2013 REQUESTED ACTION: Council consider an ordinance approving the abandonment of a 60' x 140' unimproved street right-of-way on Estelle between 3505 Westmoreland and 3495 Westmoreland. BACKGROUND Melissa Jackson has applied for the abandonment of a portion of right-of-way. The requested abandonment is for an unimproved portion of Estelle. The applicant would like to incorporate all or part of it into her yard. This item was sent to all interested parties. Water Utilities has a 10" sanitary sewer main in the right-of-way. At a Regular Meeting held April 15, 2013, the Planning Commission recommended approval 7:0 of the abandonment subject to the following condition: A utility easement will need to be retained. The easement must contain the following information: • No structures or appurtenances shall be placed within the easement property. • Water Utilities will not be responsible for any surface restoration when water and/or sanitary sewer main repairs are needed FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance subject to the following condition: A utility easement will need to be retained. The easement must contain the following information: • No structures or appurtenances shall be placed within the easement property. ■ Water Utilities will not be responsible for any surface restoration when water and/or sanitary sewer main repairs are needed ORDINANCE NO. ENTITLEDAN ORDINANCE VACATING AND ABANDONING A 60' x 140' UNIMPROVED STREET RIGHT-OF-WAY LOCATED ON ESTELLE STREET BETWEEN 3505 WESTMORELAND STREET AND 3495 WESTMORELAND STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Melissa Jackson has applied for the abandonment of a 60' x 140' unimproved street right-of-way located on Estelle Street between 3505 Westmoreland Street and 3495 Westmoreland Street, City of Beaumont, Jefferson County, Texas, being a 60' x 140' portion of Estelle Street beginning at the south right-of-way line of Westmoreland Street and running in a southerly direction for a distance of 140', City of Beaumont, Jefferson County, Texas, containing 0.19 acres, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the easement is no longer necessary for municipal utility purposes and the abandonment of said unimproved street right-of-way is in the best interest of the City and should be granted, subject to the following condition: • A utility easement will need to be retained. The easement must contain the following information: • No structure or appurtenances shall be placed within the easement property. • Water Utilities will not be responsible for any surface restoration when water and/or sanitary sewer main repairs are needed. NOW, THEREFORE, BE IT ORDAINED 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 a 60'x 140' unimproved street right-of-way located on Estelle Street between 3505 Westmoreland Street and 3495 Westmoreland Street, City of Beaumont, Jefferson County, Texas, being a 60'x 140' portion of Estelle Street beginning at the south right-of- way line of Westmoreland Street and running in a southerly direction for a distance of 140', City of Beaumont, Jefferson County, Texas, containing 0.19 acres, more or less, as shown on Exhibit 'A" attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto by law, subject to the following condition: • A utility easement will need to be retained. The easement must contain the following information: 2013. No structure or appurtenances shall be placed within the easement property. Water Utilities will not be responsible for any surface restoration when water and/or sanitary sewer main repairs are needed. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30thday of April, - Mayor Becky Ames - aeM22-OB: Request to abandon a 60' x 140' unimproved street right-of-way N kation: Estelle between 3505 Westmoreland and 3495 Westmoreland. pplicant: Melissa Jackson 0 100 200 I I Feet I i Legend I I M 83208 i, GC -MDQ i LL ' R RM; H GC! MD RM -H I i I, WESTMORELAND ST I - 1 RM �H GC MD RM -H i RM -H' RM -H GC MD I h I I ST JAMES BLVD m 4 I I I I I � m GC -MD RM -H I, EXHIBIT "A" �61 April 30, 2013 Consider an ordinance abandoning approximately 0.3611 acres of Stagg Drive approximately 250' from 11 m Street RICH WITH OPPORTUNITY BEA,UMON * T- E• x- A- S TO: City Council Agenda Item City Council FROM: Kyle Hayes, City Manager (��1 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: April 30, 2013 REQUESTED ACTION: Council consider an ordinance abandoning approximately 0.3611 acres of Stagg Drive approximately 250' from I lb Street. BACKGROUND John Rose, Sr. Due Diligence Manager for HEB Grocery Company, LP, has applied for the abandonment. The subject portion of Stagg is east of 11th Street and west of that portion of Stagg that was abandoned in June, 2012. The abandonment is in conjunction with the development of the new HEB store on the old Baptist Hospital site. Since the abandonment in 2012, Dr. Fracht at 3510 Stagg has agreed to sell his property to HEB. All three existing property owners abutting the subject right-of-way agree to the abandonment. This item was sent all interested parties. Water Utilities has a 6" water main and a 12" sanitary sewer main within Stagg. Time Warner has fiber and coax plant on power poles in the right-of-way. At a Regular Meeting held April 15, 2013, the Planning Commission recommended approval 7:0 of the abandonment subject to the following conditions: 1. The 6" water main will need to be replaced with HDPE SDR -11 pipe, and the 12" sanitary sewer line will need to be replaced to with HDPE SDR -17 pipe. 2. A utility easement will need to be retained. The easement must contain the following information: • No structures or appurtenances shall be placed within the easement property; and • Water Utilities will not be responsible for any surface restoration when water and/or sanitary sewer main repairs are needed. 3. HEB shall be responsible for the cost of relocating Time Warner Cable's fiber and coax plant on power poles located in the right-of-way, if required. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance subject to the following conditions: 1. The 6" water main will need to be replaced with HDPE SDR -11 pipe, and the 12" sanitary sewer line will need to be replaced to with HDPE SDR -17 pipe. 2. A utility easement will need to be retained. The easement must contain the following information: • No structures or appurtenances shall be placed within the easement property; and • Water Utilities will not be responsible for any surface restoration when water and/or sanitary sewer main repairs are needed. 3. HEB shall be responsible for the cost of relocating Time Warner Cable's fiber and coax plant on power poles located in the right-of-way, if required. ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING APPROXIMATELY 0.3611 ACRES OF STAGG DRIVE LOCATED APPROXIMATELY 250' FROM 11T" STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, HEB Grocery Company, LP, by and through it's representative, John Rose, Sr., has applied for the abandonment of approximately 0.3611 acres of Stagg Drive located approximately 250' from 11th Street, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit B," attached hereto, and, WHEREAS, the City Council has considered the purpose of said abandonment and is of the opinion that the easement is no longer necessary for municipal utility purposes and the abandonment of said street is in the best interest of the City and should be granted, subject to the following conditions: • The 6" water main will need to be replaced with HDPE SDR -11 pipe, and the 12" sanitary sewer line will need to be replaced with HDPE SDR -17 pipe. • A utility easement will need to be retained. The easement must contain the following: • No structure or appurtenances shall be placed within the easement property. • Water Utilities will not be responsible for any surface restoration when water and/or sanitary sewer main repairs are needed. • HEB shall be responsible for the cost of relocating Time Warner Cable's fiber and coax plant on power poles located in the right-of-way, if required. NOW, THEREFORE, BE IT ORDAINED 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 approximately 0.3611 acres of Stagg Drive located approximately 250' from 11" Street, City of Beaumont, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto by law, subject to the following conditions: 2013. • The 6" water main will need to be replaced with HDPE SDR -11 pipe, and the 12" sanitary sewer line will need to be replaced with HDPE SDR -17 pipe. • A utility easement will need to be retained. The easement must contain the following: • No structure or appurtenances shall be placed within the easement property. • Water Utilities will not be responsible for any surface restoration when water and/or sanitary sewer main repairs are needed. • HEB shall be responsible for the cost of relocating Time Warner Cable's fiber and coax plant on power poles located in the right-of-way, if required. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30thday of April, - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES (0.1611 Acre Parcel) Note: Bearings are based on a west line of Lot 1 of College Street Complex, a plat recorded in Clerks File no. 2013001919 of the Official Public Records of Jefferson County Texas, having been called North 00° 26' 02" East 148.31 feet. BEGINNING at a PK nail found in concrete in the north right-of-way line of Stagg Drive and a west line of said Lot 1 for the southeast corner of a called 0.477 acre tract conveyed to Care R. Fracht and wife, Patrice L. Fracht as recorded in Film Code 103-21-2215 of the Real Property Records of Jefferson County, Texas and the northeast corner of the said 0.1611 acre tract from which a '/2" iron rod found for an exterior corner of said Lot 1 and the northeast corner of the said 0.477 acre tract bears North 00° 26' 02" West 148.50 feet (called North 00° 26' 02" West 148.31 feet); THENCE South 00° 26' 02" East along the said west line of Lot 1 and the east line of said 0.1611 acre tract a distance of 49.78 feet (called South 00° 26' 02" East 49.78 feet) to a capped iron rod found in the south right-of-way line of Stagg Drive for an interior corner of said Lot 1 and the southeast corner of the said 0.1611 acre tract; THENCE West along the north line of the said Lot l,the south right-of-way line of Stagg Drive and the south line of the said 0.1611 acre tract for a distance of 107.17 feet (called West 107.17 feet) to a capped iron rod found for an angle point; THENCE South 830 58' 32" West continuing along the said north line of Lot 1, the said south right-of-way line of Stagg Drive and the said south line of the 0.1611 acre tract a distance of 33.09 feet (called South 83° 58' 21" West to a '/2" capped iron rod st for the southwest corner of the said 0.1611 acre tract; THENCE North 00° 22' 14" West along the west line of the said 0.1611 acre tract a distance of 53.05 feet to an "X" in concrete found in the north right-of-way line of Stagg Drive for eh southeast corner of a tract conveyed to Siemsen Properties, L.P., as recorded in Clerks File No., 9818695 of the Official Public Records of Jefferson County, Texas, the southwest corner of the said 0.477 acre tract and the northwest corner of the said 0.1611 acre tract from which the PK nail found at the intersection of said north righto-of-way line of Stagg Drive and the east right-of-way line of 11th Street for the southwest corner of the said Siemsen tract bears South 89° 55'08" West 149.95 feet (called West 150.00 feet); THENCE North 89° 54' 58" East along the south line of the said 0.477 acre tract, the north right-of-way line of Stagg Drive and the north line of the said 0.1611 acre tract a distance 140.04 feet (called East 140.00 feet) to the POINT OF BEGINNING and containing 0.1611 acre of land, more or less. This Field Note Description is based on a survey performed by Fittz and Shipman, Inc. during February, 2013 EXHIBIT "A" (0.2002 Acre Parcel) Note: Bearings are based on a west line of Lot 1 of College Street Complex, a plat recorded in Clerks File no. 2013001919 of the Official Public Records of Jefferson County Texas, having been called North 00° 26' 02" East 148.31 feet. BEGINNING at a PK nail found in at the intersection of the east right-of-way line of 11th Street and the north right-of-way line of Stagg Drive for the southwest comer of a tract conveyed to Siemsen Properties, L.P. as recorded in Clerks File No. 9818695 of the Official Public Records of Jefferson County, Texas and the northwest corner of the said 0.2002 acre tract; THENCE North 89° 55' 08" East along the said north right-of-way line of Stagg Drive and the south line of the said Siemsen tract a distance of 149.95 feet (called East 150.00 feet) to a "X" found in concrete for the southwest corner of a called 0.477 acre tract conveyed to Carey R. Fracht and wife, Patricia L. Fracht as recorded in Film Code 103-21-2215 of the Real Property Records of Jefferson County, Texas, the southeast corner of the said Siemsen tract and the northeast corner of the said 0.2002 acre tract from which a PK nail found for the southeast corner of the said 0.477 acre tract bears north 890 54' 58" East 140.04 feet (called East 140.00 feet); THENCE South 000 22' 14" East along the east line of the said 0.2002 acre tract a distance of 53.05 feet to a %2" capped iron rod set in a north line of said Lot 1, College Street Complex and the south right-of-way line of Stagg Drive for the southeast corner of the said 0.2002 acre tract; THENCE South 83° 58' 21" West along the said north line of Lot 1, the said south right-of-way line of Stagg Drive and the south line of the said 0.2002 acre tract a distance of 62.23 feet (called South 83° 58' 21" West) to a capped iron rod found for an angle point; THENCE North 89° 59' 39" West continuing along the said north line of Lot 1, the said south right-of-way line of Stagg Drive and the south line of the said 0.2002 acre tract a distance of 88.10 feet (Called North 89° 59' 39" West 88.10 feet) to a capped iron rod found at the intersection of the said east right-of-way line of 11"' Street and the said south right-of-way line of Stagg Drive for the southwest corner of the said 0.2002 acre tract; THENCE North 000 18' 03" West along the west line of the said 0.2002 acre tract a distance of 59.37 feet to the POINT OF BEGINNING and containing 0.2002 acre of land, more or less. This Field Note Description is based on a survey performed by Fittz & Shipman, Inc, during February 2013. 0 Z �o z L o ASN; m a0 M; LLJ u Q N LJ Z=LA x UQ 'm 0 Uo a QOM W $ X U N m LLI m Q O� dp (/) z LLJ a Li Q J J O U ■ Ily W R E n o za6 a t�aN�ar3a jo 9sva) m 3 g ji (w*"L M .zo.w. D N arwo) 09'2K M .ZO,QZ.00 N r Ram H nx� 00 Z �<Qq sg ~ e Lt1 W QZ W ci - ¢ J O'd i a In r <o ¢ a LAI CL "m - W d^ Z ULd Z C5 w N LLJ Mm 0 = a a ee J (cn Z g W w J - R n Ltf LJ 1N i p^o Oi o W P= 5 LV rfW OLam Q 0 ¢ A a Oa' ,-- p o 0 Y o pW ci Lige N % zm L11 U) j (531UVA HLCM) ILTCLLS HITT c s EXHIBIT "B" 3 3 3 c Y c� vn � .cn O bQQA L� a Q O � 4-1 GJ cl. 3 i cc 3 ca v i OM O H x a 8 .b I bA 3 E- aL o m Q% cn f+ fn i••iy n a� Q Cc. cn O N oC �cl o Cd 3b Yom:? ciu C April 30, 2013 Consider an ordinance amending Ordinance No. 12-065 by deleting the Precinct 90 reference number RICH WITH OPPORTUNITY BEAUMO N* 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: April 30, 2013 REQUESTED ACTION: Council consider an ordinance amending Ordinance No. 12-065 by deleting the Precinct 90 reference number. BACKGROUND On September 4, 2012, the City Council adopted redistricting Draft Map C as the modified boundary map in compliance with the apportioning of the population made necessary by the 2010 census. The map attached to Ordinance 12-065 reflects a Precinct 90 adjacent to Precinct 17. Precinct 90, as shown on the map, no longer exists as such within the city limits of the City of Beaumont. That area of Precinct 90 within the City of Beaumont is now included as part of Precinct 17. The Draft Map C that was sent to the Department of Justice, and received pre- clearance, did not show a Precinct 90, it only appears in the ordinance attachment. The purpose of this ordinance amendment is to simply delete the number "90" from the attachment. The Department of Justice has been contacted with regard to this proposed change. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ORDINANCE NO. A ORDINANCE AMENDING ORDINANCE NO. 12-065 BY DELETING THE PRECINCT 90 REFERENCE NUMBER. WHEREAS, on September 4, 2012, the City Council of the City of Beaumont, Texas, passed Ordinance No. 12-065 adopting redistricting Draft Map "C" as the modified boundary map in compliance with the apportioning of the population made necessary by the 2010 census; and, WHEREAS, Precinct 90, as shown on Draft Map "C", no longer exists as such within the city limits of the City of Beaumont; and, WHEREAS, that area of Precinct 90 within the City of Beaumont is now included as part of Precinct 17; and, WHEREAS, it is necessary to amend Ordinance No. 12-065 as shown on Exhibit "A," attached hereto, deleting the number "90" from the Draft Map "C" and chart attached. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, THAT Ordinance No. 12-065 is hereby amended as shown on Exhibit "A," attached hereto, deleting the Precinct 90 reference number from the original attachment. 2013. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April, - Mayor Becky Ames - h.✓ JEFFERSON COUNTY VOTING PRECINCTS WARD 1 WARD 2 WARD 3 WARD 4 22 92 77 84 72 1 85 88 17 63 18 99 79 3 39 94 *26 8 19 2 78 *10 20 68 27 16 75 4 86 11 *67 89 73 15 *21 7 5 14 *64 65 62 12 *92 100 *13 6 23 87 * Portion that is within the Beaumont city limits. April 30, 2013 Consider amending Section 2.03.075 of the Code of Ordinances to increase the number of Grade III (Lieutenant) positions from 15 to 16 and reducing the number of Grade II (Sergeant) positions from 43 to 42 in the Beaumont Police Department RICH WITH OPPORTUNITY BEAIIMON* 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: April 30, 2013 REQUESTED ACTION: Council consider amending Section 2.03.075 of the Code of Ordinances to increase the number of Grade III (Lieutenant) positions from 15 to 16 and reducing the number of Grade II (Sergeant) positions from 43 to 42 in the Beaumont Police Department. BACKGROUND As part of Chief Singletary's restructuring of the Police Department, he would like to increase the number of authorized Lieutenant positions by one and decrease the number of Sergeant positions by one. Chief Singletary is developing leaders within the higher ranks of the department and believes this change will further enhance the management structure as well as accountability. FUNDING SOURCE The additional cost is approximately $10,000 per year. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING SECTION 2.03.075 OF THE CODE OF ORDINANCES BY INCREASING THE NUMBER OF GRADE III LIEUTENANT POSITIONS IN THE BEAUMONT POLICE DEPARTMENT FROM FIFTEEN (15) TO SIXTEEN (16) AND DECREASING THE NUMBER OF GRADE II SERGEANT POSITIONS IN THE BEAUMONT POLICE DEPARTMENT FROM FORTY-THREE (43) TO FORTY-TWO (42); PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Section 1. That Chapter 2, Article 2.03, Division 2, Section 2.03.075, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to increase the number of Grade III Lieutenant positions in the Beaumont Police Department from fifteen (15) to sixteen (16) and to decrease the number of Grade II Sergeant positions in the Beaumont Police Department from forty-three (43) to forty-two (42). Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance and, to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. All ordinances or parts of ordinances in conflict herewith, including conflicting portions of the City Budget, are repealed to the extent of the conflict only. 2013. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April, - Mayor Becky Ames - �bq April 30, 2013 Consider a resolution approving a bid for the Seventh Street Pavement Widening and Drainage Improvement Project RICH WITH OPPORTUNITY IIEAUMON* T- E- X• A• S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Patrick Donart, Public Works Director April 30, 2013 REQUESTED ACTION: Council consider a resolution approving the award of a bid to Brystar Contracting, Inc. of Beaumont in the amount of $6,075,569.65 for the Seventh Street Pavement Widening and Drainage Improvement Project. BACKGROUND The first of five projects to be funded by the oil and gas revenues from the Beaumont Municipal Airport property is the reconstruction of Seventh Street from Laurel to Interstate 10. Included in the reconstruction of Seventh Street is widening the street to create a center turn lane, replacing the water, sewer and storm water lines, installing bike lanes and 5 ft. sidewalks on both sides of the street. Additionally, the drainage improvements will more than double the existing capacity of the storm water discharge. Four bids were received on April 11, 2014 for this project. The bid totals are shown below with the unit cost tabulation attached. Contractor Location Bid Brystar Contracting, Inc. Beaumont $6,075,569.65 Reytec Construction Resources, Inc. Houston $6,755,880.50 APAC-Texas, Inc. Beaumont $7,167,173.45 Texas Sterling Construction Company Houston $8,282,879.75 A total of 365 calendar days was allocated in the project design. Brystar plans to subcontract 18% of the project to certified MBE/HUB companies. FUNDING SOURCE Beaumont Municipal Airport Oil and Gas Revenues. RECOMMENDATION Approval of resolution. 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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract to Brystar Contracting, Inc., of Beaumont, Texas, in the amount of $6,075,569.65 for the Seventh Street Pavement Widening and Drainage Improvement Project. 2013. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April, - Mayor Becky Ames - E April 30, 2013 Consider a resolution approving an insurance policy for city -owned properties RICH WITH OPPORTUNITY B I M 0 W* EAUM N T • R • % • A • S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Patrick Donart, Public Works Director April 30, 2013 REQUESTED ACTION: Council consider a resolution approving a contract for a fire, extended coverage, flood and quake property insurance policy effective May 1, 2013 to McGrieff� Seibels & Williams of Dallas, Texas in the amount of $1,519,076.60. BACKGROUND McGriff, Seibels and Williams is the City's broker of record for securing the City's property insurance. The proposed premium is based on a total building value of $221,177,705. The appraised values, reflecting current replacement costs, increased from 2012 values due to the ongoing assessments of current city -owned property. Additional endorsements provided in this year's policy renewal include $5M for Electronic Data Processing equipment coverage, $10M for Flood, $5M for newly acquired locations, $1 M for unscheduled locations, $1M for extra expense coverage, and $250,000 for Traffic Lights and Signals. The cost of the policy for this year is $1,519,076.60, a 7.81% increase from last year's premium of $1,409,518.91. Companies providing insurance are layered with exposure limited to the amount of damage. The primary coverage is Great American Insurance Company. Westchester, Lexington, First Specialty, Landmark, Colony, Aspen, Alterra, Liberty, James River, and Everest insurance carriers will provide catastrophic and Wind/Hail Coverage. A separate policy for Hotel Beaumont in the amount of $29,103 is included in the premium. This policy may be canceled upon the sale of the building. Property Insurance April 30, 2013 Page 2 The deductibles for the new policy are as follow: DEDUCTIBLES Fire and All Other Perils excluding wind $50,000 Flood except Flood Zone A and Shaded X $100,000 Flood - Zone A and Shaded X $500,000 Windstorm (Named Storms) 2% of Scheduled Value Windstorm (Named Storms) on Buildings Valued in excess of $5M Six (6) locations include Civic Center, City Hall, Police Building, Julie Rogers Theatre, Jefferson Theatre & Municipal Court Building 1/2% of Scheduled Value All other WindiHaul/Earthquake $50,000 Boiler and Machinery $25,000 All insurance companies contained in the new policy are A.M. Best rated at A+13 or better. The policy renewal will be in effect from May 1, 2013 to May 1, 2014. FUNDING SOURCE General Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manger be and he is hereby authorized to execute a contract for fire, extended coverage, flood and quake property insurance in the amount of $1,519,076.60 through McGriff, Seibels & Williams, of Dallas, Texas, as broker, for primary coverage with Great American Insurance Company and catastrophic and wind/hail coverage with Westchester, Lexington, First Specialty, Landmark, Colony, Aspen, Alterra, Liberty, James River, and Everest effective May 1, 2013. 2013. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April, - Mayor Becky Ames -