HomeMy WebLinkAboutPACKET SEP 21 2015 - SPECIAL MEETING= 'k, A * i ki
TEXAS
SPECIAL MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS SEPTEMBER 21, 2015 1:30 P.M.
CONSENT AGENDA
Approval of minutes — September 15, 2015
Confirmation of committee appointments
David Comerota would fill the unexpired term of Patrick Campbell on the Convention and
Tourism Advisory Board. The term would commence September 21, 2015 and expire June 17,
2016. (Mayor Becky Ames)
A) Approve a resolution authorizing the granting of a Pipeline License Agreement within the
City of Beaumont with Martin Operating Partnership, LP
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT David Comerota is appointed to the Convention and Tourism Advisory Board to
fill the unexpired term of Patrick Campbell. The term will commence September 21,
2015 and expire June 17, 2016.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of
September, 2015.
- Mayor Becky Ames -
11 3 11 MIX A
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director -;(/k-k
MEETING DATE: September 21, 2015
REQUESTED ACTION: Council consider a resolution authorizing the granting of a Pipeline
License Agreement within the City of Beaumont with Martin
Operating Partnership, LP,.
BACKGROUND
Martin Operating Partnership, LP has requested permission to install a 12" natural gasoline
pipeline which will cross a 12" water line and a 6" sanitary sewer line within TXDOT's Spur 380
(Martin Luther King Jr. Parkway) and a 12" waterline within TxDOT's (Ohio Street)
rights-of-way.
There is a one-time fee of $500 for the Pipeline License Agreement.
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 Martin Operating Partnership, LP, substantially in the form attached
hereto as Exhibit 'A," to install a twelve inch (12") natural gasoline pipeline which will
cross a twelve inch (12") water line and a six inch (6") sanitary sewer line within
TxDOT's Spur 380 (Martin Luther King Jr. Parkway) right-of-way and a twelve inch (12")
water line within TxDOT's Highway 96/69 and Ohio Street right—of-way for the purpose
of transporting oil, gas-, water, or their oil products and the pipelines are to be
constructed in compliance with City requirements.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of '
September, 2015.
- Mayor Becky Ames -
CITY OF BEAUMONT
APPLICATION FOR
PIPELINE LICENSE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
Business Name: Martin Operating Partnership, LP Business Phone: ) 903-988-6466
Business Address: 4200 Stone Road, Kilgore, Texas 75662
The City of Beaumont, hereinafter called "-City", for and in consideration of the sum
specified herein Five Hundred and No/100 Dollars ($500.00)
hereby grants to
Martin Operating Partnership LP
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 streets, alleys and easements or other right-of-way
situated in the City of Beaumont, Jefferson County, Texas, to -wit:
Street Name or R.O.W. Description Length (Linear Feet)
S MLK Pkwy aka Spur 380 - TX DOT ROW +1-155'
Highway 96/69 and Ohio Street - TX DOT ROW +/- 350'
I
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 the City right-
of-way. Said fee shall be reset on January 31, 2001 and shall be reset
every ten (10) years, thereafter, to .a level to be determined by the City
Council or their delegated representative.
Street Cut and Barricading Permit to work in the City right-of-way:
$10.00 for permit, plus $5.00 per day for each location.
All fees, including the first annual fee for linear foot usage and Street Cut and
Barricading Permit 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:
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 street
rental fee and the regulations controlling the payment of such fee will be those
as lawfully established by the ordinances of the City.
0 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
and/or the Texas Department of Transportation so as it does not interfere with
the use of the public streets and alleys.
2
The pipeline shall be installed a minimum of five (5) feet below the lowest
existing or proposed ditch grades, waterlines, sanitary sewer lines or storm
drainage lines, unless otherwise authorized by the City and/or Texas
Department of Transportation. Such grades and lines shall be indicated on
map submittal, as well as depth of proposed pipeline (see page 4).
The construction and operation of the pipeline shall not interfere with the
natural drainage in that area nor with the drainage system of the City, nor
with sanitary sewer lines, waterlines, or other utilities.
Damage to existing ditch grade during construction or maintenance of the
pipeline shall be corrected and the ditch grade shall. be restored to the
condition and grade at which it existed prior to construction or
maintenance. Bore pits shall be backfilled according to City standards.
o Excavations necessary for. the construction, repair, or maintenance of the
pipeline shall be performed in such a manner that will cause minimal
inconvenience to the public. Licensee shall promptly restore the area to as
good a condition as before working thereon and to the reasonable
satisfaction of the City's Engineering Division and/or the Texas
Department of Transportation.
Q Operations along roadways shall be performed in such a manner 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.
Barricades, warning signs and lights, and flag persons 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 owner(s) of the
property involved. Written proof of said permission is to be provided to the
City as part of the application process. Approval of this license agreement
excludes permission to do any construction on property which is not owned
by the City of Beaumont.
3
o Any licenses, permits or agreements required by another government 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 government 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)
0 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.
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.
0 Permits, which allow lines to be maintained or constructed in City right-of-
way shall be obtained by Licensee or it's contractor prior to beginning
maintenance or construction. The fee for such permits is in addition to this
License Agreement fee. (See Cost of License)
o Installation will be done in accordance with all City standards and statutes
of the State of Texas.
4
REQUIRED COVERAGE:
o Licensee shall 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:
a . 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 $100,000.00. The bond shall be payable to the City of
Beaumont for the use and benefit ofany 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 and it may not be cancelled, altered, or otherwise
modified without giving fifteen (15) days prior written notice to the City. The
bond shall be good and in effect for a period of one (1) year from the date
of completion of construction of the pipeline.
Licensee shall indemnify, save and hold harmless the City of Beaumont from
any and all claims for injuries and damages to persons or property occasioned
by or arising out ofthe 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.
c 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 streets, alleys, or easements 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 R.O.W.:
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:
0 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.
6
0 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 ofLicensee
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.
NOTIFICATION/INSPECTION:
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.
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.
o Licensee shall notify the Engineering Division at least forty-eight (48)
hours prior to completion of work and removal of equipment from the job
site to permit the City to make an inspection.
7
SPECIAL CONDITIONS:
Nonassi ng_ able
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 Martin operating Partnership, LP
P.O. Box 3827
Beaumont, Texas 77704 Address of Licensee: 4200 stone Road
Attn: City Manager City and State of Licensee: Kilgore, Texas 75662
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 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 September , A.D. 20 15
CITY OF BEAUMONT, TEXAS
0
ATTEST:
City Clerk
Kyle Hayes, City Manager
APPLICANT'S COMPANY NAME:
(Licensee)
MARTIN OPERATING PARTNERSHIP, LP,
a Delaware limited partnership
Represented by:
By: Martin Operating GP LLC, its eneraI partner
By: Martin.M' ream Partners L. .its sole member
By: Mar' d am LC, i! gen I partner
By:
Name: Robert D. Bondura
Title Executive Vice President
ATTEST::
By:
'C~
Secretary
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BEAUMONT
TEXAS
SPECIAL MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS SEPTEMBER 21, 2015 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda item No. 1/Consent Agenda
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Beaumont Police Officers Association vs. City of Beaumont
GENERAL BUSINESS
1. Consider amending Section 2.03.075 of the Code of Ordinances related to authorized
positions in the Police Department
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.
September 21, 2015
Consider amending Section 2.03.075 of the Code of Ordinances related to authorized positions in
the Police Department
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: September 21, 2015
REQUESTED ACTION: Council consider amending Section 2.03.075 of the Code of
Ordinances related to authorized positions in the Police Department.
BACKGROUND
The Code of Ordinances currently authorizes two Captain positions. Former Captain Jim Clay
was recently promoted to Assistant Chief and former Captain David G. Durst recently retired,
leaving these two positions vacant. Chief Singletary would like the City Council to eliminate the
.two. Captain positions and add two Sergeant positions. The total number of authorized positions
in the Police Department would remain at 260.
RECOMMENDATION
Approval of the amended ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING SECTION
2.03.075 OF THE CODE OF ORDINANCES BY
DECREASING THE NUMBER OF GRADE IV CAPTAIN
POSITIONS FROM TWO (2) TO ZERO (0) AND
INCREASING THE NUMBER OF GRADE II SERGEANT
POSITIONS IN THE BEAUMONT POLICE DEPARTMENT
FROM FORTY-TWO (42) TO FORTY-FOUR (44);
PROVIDING FOR SEVERABILITY AND PROVIDING FOR
REPEAL.
Section 1.
That Chapter' 21, Section 2.03.075, of the Code of Ordinances of the City of
Beaumont be and the same is hereby amended to decrease the number of Grade IV
Captain positions in the Beaumont Police Department from two (2) to zero (0) and
increase the number of Grade II Sergeant positions in the Beaumont Police Department
from forty-two (42) to -forty-four (44).
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 ordinance or parts of ordinances in conflict herewith, including conflicting
portions of the City Budget, are repealed to the extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of
September, 2015.
- Mayor Becky Ames -