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HomeMy WebLinkAboutPACKET AUG 01 2017BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 1, 2017 1:30 P.M. CONSENT AGENDA Approval of minutes — July 25, 2017 Confirmation of committee appointments Devang Chande will fill the unexpired term of Punit Seth on the Convention and Tourism Advisory Board Committee. The term would commence August 1, 2017 and expire September 30, 2017. (Mayor Becky Ames) A) Approve the appointment of Thomas W. Duesler as Senior Assistant City Attorney and setting his starting compensation B) Approve a proposal submitted by SETEX Construction Corp. to repair, clean, and paint the wood windows at the Julie Rogers Theater located at 765 Pearl Street C) Approve a proposal submitted by SETEX Construction Corp. to repair -the steel columns on the window wall system at the Beaumont Main Library Building located at 801 Pearl Street D) Approve a proposal submitted by SETEX Construction Corp. to repair the wood dock and pier at Colliers Ferry Park located at 5390 Pine Street E) Authorize the settlement of the claim of AH United Carriers F) Authorize a resolution accepting maintenance of a new water line on Keith Road north of Spurlock Road G) Authorize a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Westchase Village, Section Ten, Phase IV H) Approve of a resolution repealing Resolution No. 17-137 authorizing the acceptance of a ten foot wide Exclusive Water Line Easement located at 2366 Sulphur Plant Road I) Authorize the acceptance of an exclusive 30' x 20' Water Meter Easement located at 2366 Sulphur Plant Road J) Authorize a resolution amending section 13 of the agreement with TNT Wrecker Service for the towing and impounding of uninsured vehicles K) Approve of repealing Resolution No. 17-145, approving the settlement of the lawsuit styled Gayle M. Harris v. Payne's Wrecker Service, Inc.; Russell G. Huff; and the City of Beaumont, Texas; Cause No.0128051 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: August 1, 2017 REQUESTED ACTION: Council consider a resolution approving the appointment of Thomas W. Duesler as Senior Assistant City Attorney and setting his starting compensation. BACKGROUND Under the Charter, the City Attorney may appoint his assistants with the approval of the City Council at such compensation as set by the Council. There has been a vacancy created in the department by the resignation of Quentin Price and promotion of Sharae Reed. Mr. Duesler is very qualified for the position. The City Attorney recommends that the appointment of Thomas W. Duesler as Senior Assistant City Attorney for the City of Beaumont be approved at a starting salary of $75,000 together with all other benefits of a civilian employee. FUNDING SOURCE The funds necessary to pay the salary and benefits of the position are available in the City Attorney's budget. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the appointment of Thomas W. Duelser as Senior Assistant City Attorney for the City of Beaumont be and the same is hereby approved and his initial salary is established at $75,000 annually together with all other benefits and terms and conditions of civilian employment as established by policy and budget of the City of Beaumont. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of August, 2017. - Mayor Becky Ames - Fil BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Manager MEETING DATE: August 1, 2017 REQUESTED ACTION: Council consider a resolution approving a proposal submitted by SETEX Construction Corp. to repair, clean, and paint the wood windows at the Julie Rogers Theater located at 765 Pearl Street. BACKGROUND' Pricing was obtained from SETEX Construction Corporation utilizing the Choice Partners Cooperative Contract #15/041JN-11-2015 procurement process. Choice Partners Cooperative provides municipalities with the means to purchase construction services at competitive prices contracted under the procurement statues of the State of Texas. The cost to repair, clean, and paint the wood windows, including the proposed scope of work listed on the contractor's proposal, will be $79,310.00 The Julie Rogers Theater was originally constructed in 1927. The wood windows are experiencing wood rot issues in some locations and need to be repaired, cleaned, and a fresh coat of paint applied to prevent further wood decay issues. The window repairs and painting are needed to preserve, the integrity of the building and prevent moisture intrusion. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. SETE CONSTRUCTION CORP. "Strength in Construction" Mailing Address: LA License # 54937 P.O. Box 20678 Beaumont, Texas 77720-0678 July 21, 2017 0 (409) 842-8181 Keith Folsom (409) 842-2274 City of Beaumont ® setex@setexconstruc.tion.com setexconstruction.com 1.848 Pine St. Beaumont, TX 77703 General Contracting Project: "Julie Rogers Theater" Construction Management Subject: "Proposal" Dear Mr. Folsom: Design -Build We are pleased to submit our proposal utilizing our 15/041JN-11-2015 Choice Partners JOC Job Order Contracting Texas Contract based on local CCI and our coefficient of .89. Proposal Recap: Facilities Maintenance I. Window repair and painting Commercial Subtotal $ 77,376.00 Bond $ 1,934.00 Industrial Total Price This Proposal $.- 79,310.00 Unit Prices: Government • Unit Price #1 — Caulking at Windows $ 4.001_17 Healthcare • Unit Price #2 — Replace Sashes at Window Type "A" $ 1,920.00 each • Unit Price.#3 — Replace Sashes at Infrastructure Window Type "B" $ 1,920,00 each Corporate Thirty (30) working days to complete project upon material delivery. Exclusions: Education Unforeseen items .beyond specified scope Fisted above, overtime, sales tax, permits; and liquidated damages. Abatement and demolition by others. Performing Arts This pricing is based on recommended work hours of Monday thru Friday 7:00 a h to 5:00 pm. Once accepted this proposal turns into a lump sum -contract. Please contact us at Historical 409-842-8181 at your convenience to go over this estimate. Respectfully submitted, SETEX Construction Corp. AAirhaal 1A/airilcv RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the proposal to repair, clean, and paint the wood windows at the Julie Rogers Theater located at 765 Pearl Street from SETEX Construction Corp., of Beaumont, Texas, in the amount of $79,310.00 through the Choice Partners Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of August, 2017. - Mayor Becky Ames - r LIP BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Manager MEETING DATE: August 1, 2017 REQUESTED ACTION: Council consider a resolution approving a proposal submitted by SETEX Construction Corp. to repair the steel columns on the window wall system at the Beaumont Main Library Building located at 801 Pearl Street. BACKGROUND Pricing was obtained from SETEX Construction Corporation utilizing the Choice Partners Cooperative Contract #15/041JN-11-2015 procurement process. Choice Partners Cooperative provides municipalities with the means to purchase construction services at competitive prices contracted under the procurement statues of the State of Texas. The cost of the repairs to the window wall system steel columns, including the proposed scope of work listed on the contractor's proposal, will be $70,175.03. The Beaumont Main Library was originally constructed in 1973. The base of the steel columns are experiencing severe deterioration due to the high levels of moisture and direct contact with the cement grout. The column repairs are needed to preserve the structural integrity of the window wall system. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. BETE 'CONSTRUCTION CORP. ""4ftthg(h in CdastrUctibn" Mailing Address: IA Li&6nge-# 54937' P.6. Box 20678 Beaurfiarit, Texas, 77720-:0678 July 21, 201 7 Keith Folsom O (409) 842-8181 City of Beaumont (409) 042-2274 1848 Pine St. setex@setexcc)a5truction.com Beaumont TX 77703 03 IM W so-texconstruction. com Project. "Downtown Library" .General :Contracting ,Subjdct.-. "Proposal" Construction, Management , hI Dear Mr. Folsorb; Design -Build We 6r6 :pleased to, subrNt our t Ohoposalbti[Ein ' z g . our 15/041JNml 1-2015 Choice Partners JOC Texas Contract based on local - CC[ and but coefficient of .89. J.6b Order Contracting Proposal Recap: Facilities Maintenance • Remove concrete to expose steel plate. as needed Remove existing. anchors a Clean existing steel then apply rust.inhibitor Cornmerci.61 0 Install r . new .3/8 bent to. form steel c6lUmn8 hot dipped galvani2ed,column support _ anchoto concrete lod4strial 0 Fill concrete in with - 5 -star structural mortar then float to match existing a Caulk top- and sides of new plate With Masterseal NP1 urethane sealant 0 Sdrape. With wire brii§h to lightly sand steel columnsd f 6Government an. prep � or paint v, Prime steel columns With Sh6rWjn Williant DTIVI Prii-her • Apply Sherwin Williams DTM paint to all steel columns Healthcare Subtotal 68,463.45 IffrastrUadre bond $ _1711.58 Total 0o kipe This Proposal $ 70475,03 Corp - t - - - gra q Forty4ve (45) working days to complete project upon material d-eliveTy. Education Exclusions: Performing Arts Unforeseen items beyond specified scope `listed. above, overtime; ime. sal I es tax, permits, and liquidated.-damagips., Hhsbfiojl This pricing is based on recommended work K jhqqrs. of Monday thru Friday 00 am ato 5:00 7, pm. Once acceptpa, this pr�qposal turns into:a lump sum contract. Please contact Us at 409-842-8181 of your convenience to go overthis estimate. Respectfully submitted,, , -- .qETEX Construction Corp. ;ETEMIe RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the proposal for the repair to the steel columns on the window wall system at the Beaumont Main Library Building located at 801 Pearl Street from SETEX Construction Corp., of Beaumont, Texas, in the amount of $70,175.03 through the Choice Partners Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of August, 2017. - Mayor Becky Ames - u BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Keith Folsom, Facilities Maintenance Manager MEETING DATE: August 1, 2017 REQUESTED ACTION: Council consider a resolution approving a proposal submitted by SETEX Construction Corp. to repair the wood dock and pier at Colliers Ferry Park located at 5390 Pine Street. BACKGROUND Pricing was obtained from SETEX Construction Corporation utilizing the Choice Partners Cooperative Contract #15/041JN-11-2015 procurement process. Choice Partners Cooperative provides municipalities with the means to purchase construction services at competitive prices contracted under the procurement statues of the State of Texas. The cost of the repairs to the wood dock and piers, including the,proposed scope of work listed on the contractor's proposal, will be $53,543.67. Colliers Ferry Park was originally constructed in 1992. The wood deck boards and skirting are experiencing deterioration due to the elements of the weather, day to day wear, and occasional under water submersion due to river flooding. The wood dock and pier repairs are needed to preserve the structural integrity of the dock and provide a safe deck area for citizens to launch their boats into the water. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. SETS 'CONSTRUCTION CORP. "Strength in Construction" Mailing Address. LA License # 54937 P.O: Box 20678 Beaumont Texas 77720-0678 July 21, 2017 Keith Folsom (409) 842-8981 City of Beaumont (409) 842-2274 1848 Pine St setex@setexconstruclion.com Beaumont, TX 77703 W setexconstruction.com Project: "Collier's Ferry Recreational Area Wood Pier Repairs" General Contracting Construction Management Design -Build Job Order Contracting Facilities Maintenance Commercial Industrial Government Healthcare Infrastructure Corporate Education Performing Arts Historical Subject. "Proposal" Dear Mr. Folsom: We are pleased to submit our proposal utilizing our 15/041JN-11-2015 Choice Partners JOC Texas Contract based on local CCI and our coefficient of .89. Proposal Recap: • Replace all treated woof pier decking with 2x6 deckboards. Reinstall the down cleats in original locations. • Replace 82' -of 2x10 treated wood upper band boards. (Remove existing bands) • Replace 70' of 2x10 treated wood upper band boards. (Remove existing bands as needed) • Replace damaged 2X8 joist. • Replace a total of 140' of 2x10 treated wood upper band boards. (Remove existing bands) • Furnish and install 8" large galvanized cleat. Model #2808F Deck Edge 8" galv. Cleat (Home Depot or equivalent) • Replace 6'2x.6 treated wood lower band board. • Replace a total of 29' of 2x6 treated. wood lower band board. • Replace a total of 97' of 2x10 treated wood upper band boards. (Remove existing band as needed) • Replace 36' missing treated 2x,6 lower band board. • Replace 16' missing treated 2x6 lower band board. • Replace 23' missing treated 2x6 lower band board. • Replace 28' treated 2x10 upper band board. (Remove existing band as needed) • Reattach any existing band boards which are loose or not secured tightly to pier, • Install 130' treated 2x4 wood edge protection board on top of treated 1x4x6" spacers. Install adequate spacers 48 on center so edge board does not sag. • Replace treated 2x8 joist. • Replace 28' of 2x10 treated woof upper band boards. (Remove existing band) • Stop edge protection board 6' short of end of north side of Pier #3. Subtotal $ 52,237.73 Bond $ 1,035.94 $ 53,543.67 omplete project upon material delivery. (continued on next page) SETS CONSTRUCTION CORP. Strength in Construction - Mailing Address: LA License # 54937 P.O. Box 20678 Beaumont, Texas 77720-0678 Commercial Industrial Govemment Healthcare Infrastructure Corporate Education Performing Arts Historical Exclusions: O (409) 842-8161 a (409) 842-2274 Unforeseen items beyond specified scope listed above, overtime, sales tax, permits, and ® setex@setexconstruction.com liquidated damages. W setexconstruction. corn This pricing is based on recommended work hours of Monday thru Friday 7:00 am to 5:00 General Contracting pm, Once accepted this proposal turns into a lump sum contract. Please contact us at 409-842-8181 at your convenience to go over this estimate. Construction Management Respectfully submitted, SETEX Construction Corp. Design -Build r Michael Waidley Project Manager Job Order Contracting J17-0042 Facilities Maintenance cc: sersx[Fiie Commercial Industrial Govemment Healthcare Infrastructure Corporate Education Performing Arts Historical RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the proposal to repair the wood dock and pier at Colliers Ferry Park located at 5390 Pine Street from SETEX Construction Corp., of Beaumont, Texas, in the amount of $53,543.67 through the Choice Partners Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of August, 2017. - Mayor Becky Ames - E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: August 1, 2017 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of AH United Carriers. BACKGROUND The claim of AH United Carriers was presented and discussed in Executive Session held on July 25, 2017. The City Attorney is requesting authority to settle this claim in the amount of $51,499.09. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the claim of AH United Carriers was discussed in Executive Session properly called and held Tuesday, July 25, 2017; and, WHEREAS, the City Attorney is requesting authority to settle this claim; and, WHEREAS, the City Council has considered the merits of the request and is of the opinion that it is in the best interest of the City to settle the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and he is hereby, authorized to settle the claim of AH United Carriers for the sum of Fifty -One Thousand Four Hundred Ninety -Nine and 09/100 Dollars ($51,499.09); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. The meeting at which this resolution was approved was -in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of August, 2017. - Mayor Becky Ames - F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director ��/✓/ MEETING DATE: August 1, 2017 REQUESTED ACTION: Council consider a resolution accepting maintenance of a new water line on Keith Road north of Spurlock Road. BACKGROUND On July 10, 2017, a final inspection of a newly installed water line was completed by the Water Utilities Department and administration recommends approval of the following: • 2,763 linear feet of 8 -inch water line improvements within the City right-of-way, on Keith Road from Spurlock Road to Lot 4 of the Akhtars at Keith Minor Plat of the Daniel Easley League, Abstract No. 20. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. VIC'HN 1MAP NTS RESOLUTION NO. WHEREAS, installation of the new water line on Keith Road north of Spurlock Road has been completed as follows: and, • 2,763 linear feet of 8 -inch water line improvements within the City right-of- way, on Keith Road form Spurlock Road to Lot 4 of the Akhtars at Keith Minor Plat of the Daniel Easley League, Abstract No. 20; WHEREAS, the developer of said improvements desires to have this improvement accepted and maintained by the City; and, WHEREAS, the director of the Public Works and Engineering Department has determined that said improvement meets city standards and qualifies for acceptance for permanent maintenance, and the City Council is of the opinion that said improvement 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 newly installed water line on Keith Road north of Spurlock Road is 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. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of August, 2017. - Mayor Becky Ames - G BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director -j✓f MEETING DATE: August 1, 2017 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Westchase Village, Section Ten, Phase IV. BACKGROUND On July 18, 2017, a final inspection from all entities was completed and administration recommends approval of the following: • Continue Village Court extension heading north for 302 linear feet. • Complete 200 linear feet of Devonshire Drive extension heading east to Village Court extension. Recommended for approval are the storm sewer, water and sanitary sewer improvements for Westchase Village, Section Ten, Phase IV right -of- way only. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. VICINITY MAP NTS estehase Village geetion Ten RESOLUTION NO. WHEREAS, construction of the street, storm sewer, water and sanitary sewer improvements constructed in Westchase Village Subdivision, Section Ten, Phase IV have been completed as follows: and, Street • Continue Village Court extension heading north for 302 linear feet. • Complete 200 linear feet of Devonshire Drive extension heading east to Village Court extension. Street Maintenance, Storm Sewer, Water and Sanitary Sewer Improvements • Westchase Village Subdivision, Section Ten, Phase IV, right-of-way only; WHEREAS, the developers of said improvements 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 Westchase Village Subdivision, Section Ten, Phase IV, 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. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of August, 2017. - Mayor Becky Ames - H BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director%/`� MEETING DATE: August 1, 2017 Y REQUESTED ACTION: Council consider repealing Resolution No. 17-137 authorizing the acceptance of a ten foot (10') wide Exclusive Water Line Easement. BACKGROUND On July 25, 2017, City Council approved Resolution No. 17-137 accepting the conveyance of a ten foot (10') wide exclusive Water Line Easement from Natgasoline, LLC. Resolution No. 17-137 must be repealed prior to accepting a water meter easement from Natgasoline, LLC located at 23 66 Sulphur Plant Road. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. 17-137 WHEREAS, Natgasoline, LLC has agreed to convey one (1) ten foot (10') wide exclusive water line easement, said easement being a 0.0138 acre tract out of Pelham Humphries Survey, Abstract No. 32 as described and shown in Exhibit "1," attached hereto, to the City of Beaumont to serve Martin Gas located at 10 Sulphur Plant Road and Natgasoline Land Holding, LLC located at 2366 Sulphur Plant Road; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; 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 one (1) ten foot (10') wide exclusive water line easement conveyed by Natgasoline, LLC, being a 0.0138 acre tract out of Pelham Humphries Survey, Abstract No. 32 as described and shown in Exhibit "1," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of July, 2017. Vo(Be'cky Ames - RESOLUTION NO. WHEREAS, on July 25, 2017 the City Council of the City of Beaumont, Texas adopted Resolution No. 17-137 authorizing the acceptance from Natgasoline, LLC one (1) ten foot (10') wide exclusive water line easement, said easement being a 0.0138 acre tract out of Pelham Humphries Survey, Abstract No. 32, to the City of Beaumont to serve Martin Gas located at 10 Sulphur Plant Road and Natgasoline Land Holding, LLC located at 2366 Sulphur Plant Road; and, WHEREAS, the easement that was conveyed for acceptance was a 30' x 20' exclusive water meter easement rather than the ten foot (10') wide exclusive water line easement which was inadvertently accepted; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT Ordinance No. 17-137 be and it is hereby repealed. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of August, 2017. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: August 1, 2017 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of an exclusive 30' x 20' Water Meter Easement. BACKGROUND Natgasoline Holding, LLC has agreed to convey an exclusive 30' x 20' Water Meter Easement to the City of Beaumont. The easement is described as being a 0.0138 acre tract being out of Pelham Humphries Survey, Abstract No. 32. The easement will contain a 12" water meter to serve Martin Gas located at 10 Sulphur Plant Road and a 4" water meter to serve Natgasoline Land Holding, LLC located at 2366 Sulphur Plant Road. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, Natgasoline Holding, LLC has agreed to convey one (1) 30' x 20' exclusive water meter easement, said easement being a 0.0138 acre tract out of Pelham Humphries Survey, Abstract No. 32 as described and shown in Exhibit "1," attached hereto, to the City of Beaumont to serve Martin Gas located at 10 Sulphur Plant Road and Natgasoline Land Holding, LLC located at 2366 Sulphur Plant Road; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; 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 one (1) 30' x 20' exclusive water meter easement conveyed by Natgasoline Holding, LLC, being a 0.0138 acre tract out of Pelham Humphries Survey, Abstract No. 32 as described and shown in Exhibit "1," attached hereto, be and the same is hereby, in all things, accepted for the stated purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of August, 2017. - Mayor Becky Ames - STATE OF TEXAS X COUNTY OF JEFFERSON X KNOW ALL MEN BY THESE PRESENTS: WATER METER EASEMENT THAT, NATGASOLINE LAND HOLDING, LLC, a Delaware Limited Liability Company, hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of ONE AND N0/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704, Jefferson County, Texas, its successors and assigns, a perpetual, exclusive, water meter easement (the "Easement") to construct, alter, and maintain waterlines and related appurtenances on the hereinafter described lands which said easement is under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit "A", attached and made a part hereof for all purposes (the `Basement Area"). The Easement herein granted shall be used for the purpose of placing, constructing, operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and related appurtenances in the Easement Area, and, it is expressly understood and agreed that the City of Beaumont shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the EXHIBIT" 1" business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto: Grantor reserves the right to continue to use and enjoy the sm.Tace of the Easement Area for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Grantee for the purposes provided herein, including but not limited to the right to place surfacing materials over and across the Easement Area and to use the same for parking areas, driveways, walkways or sidewalks, landscaping and/or lighting; provided, however, no permanent buildings may be placed on the Easement Area. Notwithstanding the foregoing, Grantee shall not be responsible for the repair and replacement of any improvements placed by Grantor within the Easement Area and the same shall be repaired and maintained -by Grantor, at Grantor's sole cost and expense. The conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject. to any and all existing easements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County. Clerk of the County of Jefferson (collectively, the "Permitted Exceptions"). This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. TO HAVE AND TO HOLD the above described easement and right-of-way unto the said CITY OF BEAUMONT, its successors and assigns forever, by, through, or under Grantor, but not otherwise, subject to the Permitted Exceptions. [Signature Page Follows] EXECUTED this day of No .2017. GRANTOR: Natgasollne, LLC a Delaware Limited Liability Company its General Partner By: Natgasoline�id Hoig,l�C a Delaware rted a iliany' its sole member Title: Chief Operating Officer ACKNOWLEDGMENT STATE OF TEXAS X COUNTY OF JEFFERSON X This inst uxnent was acknowledged before me on this the day *of 2017, by Trey Fielder, Chief Operating Officer of Natgasoline Land Holding, LLC, a Delaware Limited Liability Company, its sole member, on behalf of said limited liability company as the general partner of Natgasohne LLC, a Delaware Limited Liability Company, on behalf of said. limited partnership. i GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 2 I day of J V-� q , 2017. RETURN TO: City of Beaumont Antoinette Hardy - Engineering P. 0. Box 3827 Beaumont, TX 77704 d Notary Public, State of Texas AvaU�si, GLENDA LEE MC®ANIEL Notary Public, Stats of Texas Comm. Expires 08-09-2020 , �'',,OF i'`' Notary lig 930771164 TBPE Firm No. F-5755 TE ,..p X TBPLS FirmNo. 10123800 N LA EF.o0o5711 3737 Doctors Drive Port Arthur, Texas 77642 SURVEYORS&ENGINEERS office (409) 983.2004 Fax (4o9) 983.2005 0.0138 ACRE OF LAND FOR WATER METER EASEMENT PURPOSES OUT OF THE PELHAM HUMPHRiES SURVEY, ABSTRACT NO. 32, JEFFERSON COUNTY, TEXAS BEING 0.0138 acre of land, for water meter easement purposes, out of the Pelham Humphries Survey, Abstract No. 32, Jefferson County, Texas; being part of a (Called 191.13 1) acre tract of land, known as Tract V, described in a deed to Natgasoline Land Holding LLC, recorded in File No. 2016010339, Official Public Records, Jefferson County, Texas; said 0.0138 acre tract being more fully described by metes and bounds as follows, to wit: Note: Bearings, distances, coordinates and acreage are based on Texas Coordinate System of 1983 (Epoch 2011), South -Central Zone, US Survey Feet. Referenced to SmartNet, North America. COMMENCING at a 5/8" steel rod in concrete found on the Northeast right of way line of State Highway No. 347 for the Southwest corner of a (Called 2.82) acre tract of land conveyed to CM Mid -County Properties, LLC, recorded in File No. 2007044127, Official Public Records, Jefferson County, Texas and the Northwest corner of a (Called 4.63 4) acre tract of land known as Tract H described in a deed to NAT Gasoline Land Holding, LLC, recorded in File No. 2016010339, Official Public Records, Jefferson County, Texas; said rod in concrete having Coordinates of N: 13955686.71, E: 3532489.38; THENCE, North 74 deg., 39 min., 46 see., East, a distance of 692.95' to a 5/8" steel rod found for an angle point on the common line of a (Called 4.28) acre tract of land, known as Parcel No. 240-E (Part 2), described in a judgment in favor of the State of Texas, recorded in Volume 1476, Page 76, Deed Records, Jefferson County, Texas and the (Called 191.131) acre tract; THENCE, South 61 deg., 33 min., 40 sec., East, a distance of 151.41' to the POINT OF BEGINNING and most Westerly corner of the herein described tract, said point for corner having Coordinates of N: 13955797.89, E: 3533290.80; THENCE, North 51 deg., 56 min., 26 sec., East, a distance of 30.00' to a point for the most Northerly corner of the herein described tract; THENCE, South 38 deg., 03 min., 34 sec., East, a distance of 20.00' to a point for the most Easterly corner of the herein described tract; THENCE, South 51 deg., 56 min., 26 sec., West, a distance of 30.00' to a point for the most Southerly corner of the herein described tract; THENCE, North 38 deg., 03 min., 34 sec., West, a distance of 20.00' to the POINT OF BEGINNING and containing 0.0138 acre of land, more or less. 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J I h 4L Tb.4 0�44)fa, : W Y a4l lna4t�>y Y 4A4 .47 T O{1T •T�l, ,.4 ,a.'l+-A M.-'flli Zi 41• clot ���e 4��4"�•I�iti,�� \ uo.r�ar 7;sEr •q•� it \ '// LEGEND \ •� - POWER POLE \ .a SICN/MWNE MAMM \ = UNDERCNOUNO CASSE \ FIRE IDORANR \ DA&M - DVEM RECDRCS jMUSO:F COUMy \ 4P.RJ.C, - OF7ICIAL PUEUC RECORDS, d6TM(N COUNT/ - POMT FOR COMER ouTJ�� 5737 D -t.. t.,c •� , ?-dA:O+u . Tow 77642 ToL409.03.2004 `SS&RVEi0PS&iMGZRMS P-1409.983.2005 i MAL FUN e m •,rj" R41 EIm7OFOO dauF -mmovoncom 0.0738 ACRE OF LAtiO PROJ. NO: 17-0220 FOR WATER METER EASEMENT PURPDSES SCALE 1•=40'/1"=20' OUT OF 7HE PELHAM HUTAPHRIEs SURVEY PRNT DATE 3/31/17 ABSTRACT N0. 32, JEFFERSON COUNTY, 7EKA5 DRAWN BY: NJ CITY OF BEAUMONT CHECKED By-' RCREEL 2366 SULPHUR PLANT ROAD APPRCIVD BY. AML J BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: August 1, 2017 REQUESTED ACTION: Council consider a resolution amending section 13 of the agreement with TNT Wrecker Service for the towing and impounding of uninsured vehicles. BACKGROUND The City adopted Resolution No. 13-135 on June 25, 2013. The Resolution allowed the City Manager to execute an agreement with TNT Wrecker Services for the towing and impounding of uninsured vehicles pursuant to Section 20.01.007 of the Code of Ordinances. Said agreement requires TNT to hold the vehicle until proof of financial responsibility has been provided by the owner. The Texas Department of Licensing and Regulations has determined that the requirement to show proof of insurance is no longer permissible. The change to the agreement would allow for compliance with newly updated state regulations. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. 13. DOCUMENTATION REQUIRED Documentation required prior to releasing a "no proof of financial responsibility" tow: 13.1 A government issued photo identification. 13.2 Dr�eial r-espeasibilit�,, as -defined by the State Law. A second form of identification proved by the Texas Department of Licensing and Regulations. I RESOLUTION NO. WHEREAS, on June 25, 2013, the City Council of the City of Beaumont, Texas adopted Resolution No. 13-135 authorizing the City Manager to execute an agreement with TNT Wrecker Services for the towing and impounding of uninsured vehicle pursuant to Section 20.01.007 of the Code of Ordinances; and, WHEREAS, said agreement requires TNO Wrecker Services to hold the vehicle until proof of financial responsibility has been provided by the owner; and, WHEREAS, the Texas Department of Licensing and Regulations has determined that the requirement to show proof of insurance is no longer permissible; and, WHEREAS, an amendment to Section 13 of the agreement with TNT Wrecker Services is necessary to allow for compliance with newly updated state regulations; 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 agreement between the City of Beaumont Texas and TNT Wrecker Services for the towing and impounding of uninsured vehicle pursuant to Section 20.01.007 of the Code of Ordinances is hereby amended by deleting Section 13.2 to comply with newly updated state regulations. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of August, 2017. - Mayor Becky Ames - K BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: August 1, 2017 REQUESTED ACTION: Council consider repealing Resolution No. 17-145, approving the settlement of the lawsuit styled Gayle M. Harris v. Payne's Wrecker Service, Inc.; Russell G. Huff; and the City of Beaumont, Texas; Cause No.0128051. BACKGROUND The City adopted Resolution No. No. 17-145 on July 25, 2017. The Resolution authorized the City Attorney to settle of the above referenced case. The case was styled incorrectly and the resolution should be repealed. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, on July 25, 2017 the City Council of the City of Beaumont, Texas adopted Resolution No. 17-145 authorizing the City Attorney to settle the lawsuit styled Gavle M. Harris v. Payne's Wrecker Service Inca Russell G. Huff; and the City of Beaumont, Texas; Cause No. 0128051; and, WHEREAS, the style of the case was cited incorrectly and Resolution No. 17-145 should be repealed; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT Ordinance No. 17-145 be and it is hereby repealed. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of August, 2017. - Mayor Becky Ames - L BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: August 1, 2017 REQUESTED ACTION: Council consider a resolution approving the settlement of the lawsuit styled City of Beaumont and Beaumont Transit Company vs. Pan's Wrecker Service, Inc. d/b/a Payne & Sons Body Shop & Wrecker and Russell Huff; Cause No. D-197337. BACKGROUND The lawsuit styled City of Beaumont and Beaumont Transit Company vs. Payne's Wrecker Service, Inc. d/b/a Payne & Sons Body Shop & Wrecker and Russell Huff; Cause No. D-197337 was presented and discussed in Executive Session held on August 1, 2017. The City Attorney is requesting authority to settle this suit in the amount of $206,252.56. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the lawsuit styled City of Beaumont and Beaumont Transit Company vs. Payne's Wrecker Service, Inc. d/b/a Payne & Sons Body Shop & Wrecker and Russell Huff; Cause No. D-197337, was discussed in Executive Session properly called and held Tuesday, August 1, 2017; and, WHEREAS, the City Attorney is requesting authority to settle this lawsuit for the base amount of Two Hundred Six Thousand, Two Hundred Fifty -Two and 56/100 Dollars ($206,252.56) from Payne's Wrecker Service, Inc; and, WHEREAS, Nineteen Thousand, Two Hundred Nine and 09/100 Dollars ($19,209.09) will be reimbursed from American Transit to the City of Beaumont; and, WHEREAS, the City of Beaumont will keep the bus as salvage; and, WHEREAS, the City of Beaumont wishes to seek a waiver from the Federal Transit Authority (FTA); and, WHEREAS, the City Council has considered the merits of the requests and is of the opinion that it is in the best interest of the City to settle the lawsuit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit styled City of Beaumont and Beaumont Transit Company vs. Payne's Wrecker Service, Inc. d/b/a Payne & Sons Body Shop & Wrecker and Russell Huff; Cause No. D-197337, for the sum of Two Hundred Six Thousand, Two Hundred Fifty -Two and 56/100 Dollars ($206,252.56); and, BE IT FURTHER RESOLVED THAT Nineteen Thousand, Two Hundred Nine and 09/XX Dollars ($19,209.09) will be reimbursed to the City from American Transit; and, BE IT ALSO RESOLVED THAT the City of Beaumont will keep the bus as salvage; and, BE IT ALSO RESOLVED THAT the City Manager be and he is hereby authorized to seek a waiver from the Federal Transit Authority (FTA); and, BE IT ALSO RESOLVED THAT the City Manager be and he is hereby authorized to execute all necessary documents related to settlement of the lawsuit. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of August, 2017. - Mayor Becky Ames - BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 1, 2017 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items / Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a resolution approving an amendment to the Industrial District Agreement (IDA) with Coastal Caverns, Inc. 2. Consider granting a new solid waste transportation service agreement with 2S Roll -off Services, LLC WORK SESSIONS X Review and discuss the operations of the Police Department * Review and discuss the operations of the Code Enforcement Division * Review and discuss the implementation of railroad Quite Zones * Review and discuss possible advertising related to the Municipal Transit System COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager comment on various matters EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: City of Beaumont and Beaumont transit Company vs. Payne's Wrecker Service, Inc. d/b/a Payne & Sons Body Shop & Wrecker and Russell Huff; Cause No. D-197337 GENERAL BUSINESS 3. Consider approving a resolution authorizing the settlement of the lawsuit styled Payne's Wrecker Service, Inc. vs. City of Beaumont, Texas; Cause No. D- 197337 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Harbuzi at 880-3777. D August 1, 2017 Consider a resolution approving an amendment to the Industrial District Agreement (IDA) with Coastal Caverns, Inc. BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: August 1, 2017 REQUESTED ACTION: Council consider a resolution approving an amendment to the Industrial District Agreement (IDA) with Coastal Caverns, Inc. BACKGROUND By Resolution No. 16-025 and on February 2, 2016, City Council approved an IDA with Costal Caverns, Inc. Since that time, Coastal Caverns has requested an abatement for a potential project (known as Project Branch) that the company is in the advanced stages of evaluating with an estimated investment value up to $271 million. Project Branch would include the addition of one or more caverns to store various fuels and products. It is estimated that this project will create 20-23 new full-time jobs. All new construction and equipment related to this project would receive an initial 4 -year tax abatement at 100% for the first two years and 75% for the next two years. If it is verified that the project investment is over $150 million, then another 3 -year abatement at 50% would be provided. In exchange for the tax abatements, the City will continue to bill the company for the existing facilities based on its value and receive such payment, but it would be agreed that the payment would be no less than $165,000 per year. A copy of the proposed IDA as amended is attached for your review. FUNDING SOURCE Payments are accounted for in the General Fund. RECOMMENDATION Approval of the resolution. THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This Agreement is made under the authority of Section 42.044 of the Texas Local Government worem The parties to the Agreement are The City of Beaumont, a municipal corporation and a home -rule city located in Jefferson County, Texas, hereinafter called "CITY," and Coastal Caverns I, hw—. L.P., its parent, subsidiaries and affiliates, hereinafter called "COMPANY." PREAMBLE WHEREAS, Company leases land and owns improvements which are a part of the manufacturing, industrial, and refining facilities of said Company. The City has established an industrial district comprising a certain part of the extra -territorial jurisdiction of the City, such industrial district being known as the City of Beaumont Industrial District. WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to contribute to the revenue needs of said City in an amount commensurate with the burdens placed upon the City and benefits derived by the Company by reason of being located immediately adjacent to said City. WHEREAS, the Company and the City desire to base the industrial district payment on assessed value to ensure equity among the companies. In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: 1 ARTICLE I COMPANY'S OBLIGATION Annual Payment on Company's Property 1. Commencing with the calendar year 2016 and each calendar year thereafter for the duration of this Agreement, the Company will pay the City a certain sum which will be computed on the assessed value of the Company's facilities property, real, personal, and mixed located on Company's land covered by this Agreement. (Herein "the properties") 2. By the term "Assessed Value" is meant the 100% valuation of the Company's properties, as determined by the Jefferson County Appraisal District for the previous tax year. 3. The term "assumed City taxes due" shall be calculated by the following formula: Assumed City Taxes Due: Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due 4. Payment Procedures The procedures for determining and making such payments shall be as follows: (a) Annually the payment will be due February 1St. The payment for 2016 shall be due and payable no more than 90 days following execution of the agreement. The 2016 payment is calculated as follows: 2 Assumed City Taxes Due: Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due Year 1, 100% of Assumed City Taxes Due = 2016 Payment Each October, the Chief Financial Officer shall obtain the most recent assessed values as set by the Jefferson County Appraisal District for the Company's properties, real, personal and mixed, having taxable situs within the areas described in this agreement; for example, in October, 2015, the 2015 assessed values shall be used for the 2016 payment. If the assessed values for the period required are in question and/or under litigation with the Jefferson County Appraisal District, payment shall be computed on the most recent certified values from the Jefferson County Appraisal District. The Company shall notify the City following resolution of the appraised value in question and an adjustment for the payment, with interest as specified in Section 42.43 of the Texas Property Tax Code for interest on tax refunds, will be made within thirty (30) days following such resolution. Should such final resolution increase the value of Company's properties, the Company's liabilities shall be calculated based on the final determination of value and Company shall pay within 30 days following such resolution the increased amount due to the City under their agreement plus interest from the date such payment should have been made to City under their Agreement. Interest shall be calculated in accordance with the tax code provisions for interest as calculated in Section 42.43 of the Texas Property Tax Code. (b) After the assessed value of the Company's properties has been determined, the value of the property shall be calculated in accordance with the following schedule: 3 The 2016 through 2018 payment shall be 80% of assumed City taxes due. The 2019 through 2022 payment shall be 75% of assumed City taxes due. The addendum for abatement and additional payment for the Project Branch Expansion is attached and incorporated herein by reference. (c) City hereby agrees to bill Company for its payments due hereunder on or before January 1 each year. Company shall pay to City such amount billed on or before February 1 each year. Upon receiving the final payment, the Chief Financial Officer shall issue an official receipt of said City acknowledging full, timely, final and complete payment due by said Company to City for the property involved in this Agreement for the year in which such payment is made. If any annual payment is not made on or before any due date, the same penalties, interest, reasonable attorneys' fees and costs of collection shall be recoverable by the City as would be collectible in the case of delinquent ad valorem taxes. Further, if payment is not timely made, all payments which otherwise would have been paid to the City for the tax year in which payment was not timely made had Company been in the City limits of City will be recaptured and paid to the City within 60 days of any such event. Should Company not pay an annual payment on or before the due date, such payment shall not be subject to the recapture provision until thirty (30) days have elapsed from and after written notice provided to the Company by City in the manner set out in this Agreement. (d) Any abatements requested by Company on future capital investments will be considered on a case by case basis by the governing body of the City of Beaumont. 0 ARTICLE II PROPERTY COVERED BY AGREEMENT This instrument will reflect the intention of the parties hereto that this instrument shall govern and affect the properties of Company (facilities, real, personal, and mixed) located on Company's real property as shown on the records of the Jefferson County Appraisal District which are within the extra -territorial jurisdiction of the City of Beaumont. ARTICLE III 6'JAINN', GeV IJkJ�'1 (a) Sale By Company. Company shall notify City of any sale of any or all of Company's facilities to any person or entity. As to payments due under this Agreement, no such sale shall reduce the amount due the City under this Agreement until the purchaser of such facility has either assumed the Company's obligation under this Agreement or entered into a written agreement with the City assuming all obligations of Company in this Agreement. It is the intent of the parties that no sale of any of Company's facilities will affect the amount to be paid to the City under this Agreement. (b) Assignment. Company shall have the right to assign, transfer or convey all, or any part of, its rights, title and interest in this Agreement in connection with any transfer or conveyance of title to all or any part of the properties subject to this Agreement to any person or entity at any time during the term of this Agreement; provided, however, that Company shall provide City with written notice of such assignment. Company shall be relieved of its obligations under this Agreement to the extent that an assignee expressly assumes Company's obligations in a written instrument binding such assignee to the City. Subject to the preceding, this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 5 ARTICLE IV CLOSURE OF FACILITY Company shall notify City of any plans to permanently close Company's facility at least nine months prior to the end of the calendar year. Permanent closure of Company's facility shall terminate Company's obligation to make payments in lieu of tax under this Agreement effective January 1 of the year immediately following Company's timely notification to the City that it intends to permanently close the facility. It is the intent of the Parties that no payment of an in lieu of amount would be due in February of the year immediately following the year in which Company notified City of its intent to permanently close the facility so long as notification of such closure is given to the City at least nine months prior to the end of the calendar year. ARTICLE V CITY'S OBLIGATIONS 1. City agrees that it will not annex, attempt to annex or in any way cause or permit to be annexed any portion of lands or facilities or properties of said Company covered by this Agreement for the period of the Agreement except as follows: (a) If the City determines that annexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with State law of the proposed annexation. In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation with respect to the property so annexed, but shall nevertheless be obligated to make full payment for the year during which such annexation becomes G effective if the annexation becomes effective after January 1 st of said year. (b) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits any land which is the subject matter of this Agreement, City shall, with the approval of Company, seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all cost of such action being borne equally by the City and by the said Company or Companies with the Company's portion allocated on the basis of assessed values. 2. The City further agrees that during the term of this Agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or (c) attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the term of this Agreement or any renewals thereof, the City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. ARTICLE VI 10aAlO TIlaffiW6]2I It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the parties and that, therefore, 7 in addition to any action at law for damages which either party may have, Company may enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and may obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, the City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. ARTICLE VII AFFILIATES The benefits accruing to Company under this Agreement shall also extend to Company's "affiliates" and to any properties owned or acquired by said affiliates within the area owned by Company, and where reference is made herein to land, property and improvements owned by Company, that shall also include land, property and improvements owned by its affiliates. The word "affiliates" as used herein shall mean all companies with respect to which Company directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise the control over fifty percent (50%) or more of the stock having the right to vote for the election of directors. ARTICLE VIII TERM OF AGREEMENT The term of this Agreement shall be for seven (7) years, commencing January 1, 2016 and ending on December 31, 2022. ARTTC'T.F. TY NOTICES Any notice provided for in this Agreement, or which may otherwise be required by law shall be given in writing to the parties hereto by Certified Mail addressed as follows: TO CITY City Manager City of Beaumont P. O. Box 3827 Beaumont, Texas 77704 A R TTCT .F. Y *6 1\�M ZI 3)0 TO COMPANY Immmmmm A•• Dave Marchese, CEO Coastal Caverns I, L.P. 919 Milam St., Suite 2425 Houston, TX 77002 If this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or accruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and separable provision not to be affected by such adjudication. E IN WITNESS THEREOF, this Agreement, consisting of 10 pages, is executed in duplicate counterparts as of this day of , 2017. ATTEST: Tina Broussard City Clerk CITY OF BEAUMONT, TEXAS in Kyle Hayes City Manager COASTAL CAVERNS I, NG L.P. By: ATTEST: 10 ADDENDUM FOR ABATEMENT AND ADDITIONAL PAYMENTS 1. The abatement and payment provisions below shall apply if Coastal Caverns starts construction of an expansion project as described below. (a) Project Branch — expansion investment estimated. at a value of up to $271 million. All new construction and equipment related to this project will receive an initial four (4) year tax abatement beginning in 2020 at one hundred percent (100%) for the first two (2) years and seventy five percent (75%) for the next two (2) years. If it is verified that the investment value is greater than $150 million then another three (3) years abatement at fifty percent (50%) would be provided. In exchange for the tax abatements, the City will continue to bill Coastal Caverns for the existing facilities based on its value and receive such payments, but it would be agreed that the payment would be no less than $165,000 per year. Any approved abatements that go beyond calendar year 2022 shall be extended or included in the subsequent Industrial District Agreement. 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 amendment to the Industrial District Agreement with Coastal Caverns, Inc. The agreement, as amended, is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of August, 2017. - Mayor Becky Ames - THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This Agreement is made under the authority of Section 42.044 of the Texas Local, Government Code. The parties to the Agreement are The City of Beaumont, a municipal corporation and a home -rule city located in Jefferson County, Texas, hereinafter called "CITY," and Coastal Caverns I, L.P., its parent, subsidiaries and affiliates, hereinafter called "COMPANY." PREAMBLE WHEREAS, Company leases land and owns improvements which are a part of the manufacturing, industrial, and refining facilities of said Company. The City has established an industrial district comprising a certain part of the extra -territorial jurisdiction of the City, such industrial district being known as the City of Beaumont Industrial District. WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to contribute to the revenue needs of said City in an amount commensurate with the burdens placed upon the City and benefits derived by the Company by reason of being located immediately adjacent to said City. WHEREAS, the Company and the City desire to base the industrial district payment on assessed value to ensure equity among the companies. In view of the above and foregoing reasons, and in consideration of the mutual agreements herein contained, Company and City hereby agree as follows: 1 ARTICLE I COMPANY'S OBLIGATION Annual Payment on Company's Property 1. Commencing with the calendar year 2016 and each calendar year thereafter for the duration of this Agreement, the Company will pay the City a certain sum which will be computed on the assessed value of the Company's facilities property, real, personal, and mixed located on Company's land covered by this Agreement. (Herein "the properties") 2. By the 'term "Assessed Value" is meant the 100% valuation of the Company's properties, as determined by the Jefferson County Appraisal District for the previous tax year. 3. The term "assumed City taxes due" shall be calculated by the following formula: Assumed City Taxes Due: Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due 4. Payment Procedures The procedures for determining and making such payments shall be as follows: (a) Annually the payment will be due February 1St. The payment for 2016 shall be due and payable no more than 90 days following execution of the agreement. The 2016 payment is calculated as follows: 2 Assumed City Taxes Due: Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due Year 1, 100% of Assumed City Taxes Due = 2016 Payment Each October, the Chief Financial Officer shall obtain the most recent assessed values as set by the Jefferson County Appraisal District for the Company's properties, real, personal and mixed, having taxable situs within the areas described in this agreement; for example, in October, 2015, the 2015 assessed values shall be used for the 2016 payment. If the assessed values for the period required are in question and/or under litigation with the Jefferson County Appraisal District, payment shall be computed on the most recent certified values from the Jefferson County Appraisal District. The Company shall notify the City following resolution of the appraised value in question and an adjustment for the payment, with interest as specified in Section 42.43 of the Texas Property Tax Code for interest on tax refunds, will be made within thirty (30) days following such resolution. Should such final resolution increase the value of Company's properties, the Company's liabilities shall be calculated based on the final determination of value and Company shall pay within 30 days following such resolution the increased amount due to the City under their agreement plus interest from the date such payment should have been made to City under their Agreement. Interest shall be calculated in accordance with the tax code provisions for interest as calculated in Section 42.43 of the Texas Property Tax Code. (b) After the assessed value of the Company's properties has been determined, the value of the property shall be calculated in accordance with the following schedule: 3 The 2016 through 2018 payment shall be 80% of assumed City taxes due. The 2019 through 2022 payment shall be 75% of assumed City taxes due. The addendum for abatement and additional payment for the Project Branch Expansion is attached and incorporated herein by reference. (c) City hereby agrees to bill Company for its payments due hereunder on or before January 1 each year. Company shall pay to City such amount billed on or before February 1 each year. Upon receiving the final payment, the Chief Financial Officer shall issue an official receipt of said City acknowledging full, timely, final and complete payment due by said Company to City for the property involved in this Agreement for the year in which such payment is made. If any annual payment is not made on or before any due date, the same penalties, interest, reasonable attorneys' fees and costs of collection shall be recoverable by the City as would be collectible in the case of delinquent ad valorem taxes. Further, if payment is not timely made, all payments which otherwise would have been paid to the City for the tax year in which payment was not timely made had Company been in the City limits of City will be recaptured and paid to the City within 60 days of any such event. Should Company not pay an annual payment on or before the due date, such payment shall not be subject to the recapture provision until thirty (30) days have elapsed from and after written notice provided to the Company by City in the manner set out in this Agreement. (d) Any abatements requested by Company on future capital investments will be considered on a case by case basis by the governing body of the City of Beaumont. F51 ARTICLE II PROPERTY COVERED BY AGREEMENT This instrument will reflect the intention of the parties hereto that this instrument shall govern and affect the properties of Company (facilities, real, personal, and mixed) located on Company's real property as shown on the records of the Jefferson County Appraisal District which are within the extra -territorial jurisdiction of the City of Beaumont. ARTICLE III SALE BY COMPANY (a) Sale By CoMRany. Company shall notify City of any sale of any or all of Company's facilities to any person or entity. As to payments due under this Agreement, no such sale shall reduce the amount due the City under this Agreement until the purchaser of such facility has either assumed the Company's obligation under this Agreement or entered into a written agreement with the City assuming all obligations of Company in this Agreement. It is the intent of the parties that no sale of any of Company's facilities will affect the amount to be paid to the City under this Agreement. (b) Assi ent. Company shall have the right to assign, transfer or convey all, or any part of, its rights, title and interest in this Agreement in connection with any transfer or conveyance of title to all or any part of the properties subject to this Agreement to any person or entity at any time during the term of this Agreement; provided, however, that Company shall provide City with written notice of such assignment. Company shall be relieved of its obligations under this Agreement to the extent that an assignee expressly assumes Company's obligations in a written instrument binding such assignee to the City. Subject to the preceding, this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 5 ARTICLE IV CLOSURE OF FACILITY Company shall notify City of any plans to permanently close Company's facility at least nine months prior to the end of the calendar year. Permanent closure of Company's facility shall terminate Company's obligation to make payments in lieu of tax under this Agreement effective January 1 of the year immediately following Company's timely notification to the City that it intends to permanently close the facility. It is the intent of the Parties that no payment of an in lieu of amount would be due in February of the year immediately following the year in which Company notified City of its intent to permanently close the facility so long as notification of such closure is given to the City at least nine months prior to the end of the calendar year. ARTICLE V CITY'S OBLIGATIONS 1. City agrees that it will not annex, attempt to annex or in any way cause or permit to be annexed any portion of lands or facilities or properties of said Company covered by this Agreement for the period of the Agreement except as follows: (a) If the City determines that annexation of all or any part of the properties covered by this Agreement belonging to said Company is reasonably necessary to promote and protect the general health, safety and welfare of persons residing within or adjacent to the City, the City will notify Company in accordance with State law of the proposed annexation. In the event of such annexation, Company will not be required to make further payment under this Agreement for any calendar year commencing after such annexation with respect to the property so annexed, but shall on nevertheless be obligated to make full payment for the year during which such annexation becomes effective if the annexation becomes effective after January 1 st of said year. (b) In the event any municipality other than the City attempts to annex separately or in the event the creation of any new municipality shall be attempted so as to include within its limits any land which is the subject matter of this Agreement, City shall, with the approval of Company, seek immediate legal relief against any such attempted annexation or incorporation and shall take such other legal steps as may be necessary or advisable under the circumstances with all cost of such action being borne equally by the City and by the said Company or Companies with the Company's portion allocated on the basis of assessed values. 2. The City further agrees that during the term of this Agreement, there shall not be extended or enforced as to any land and property of Company within said City of Beaumont Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or inspection standards or equipment, or (c) attempting to regulate or control in any way the conduct of Company's activities, facilities or personnel thereof. 3. It is understood and agreed that during the term of this Agreement or any renewals thereof, the City shall not be required to furnish any municipal services to Company's property located within the City of Beaumont Industrial District; provided, however, City agrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. 7 ARTICLE VI TERMINATION It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the parties and that, therefore, in addition to any action at law for damages which either party may have, Company may enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and may obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Company, the City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. ARTICLE VII AFFILIATES The benefits accruing to Company under this Agreement shall also extend to Company's "affiliates" and to any properties owned or acquired by said affiliates within the area owned by Company, and where reference is made herein to land, property and improvements owned by Company, that shall also include land, property and improvements owned by its affiliates. The word "affiliates" as used herein shall mean all companies with respect to which Company directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise the control over fifty percent (50%) or more of the stock having the right to vote for the election of directors. ARTICLE VIII TERM OF AGREEMENT The term of this Agreement shall be for seven (7) years, commencing January 1, 2016 and ending on December 31, 2022. ARTICLE IX NOTICES Any notice provided for in this Agreement, or which may otherwise be required by law shall be given in writing to the parties hereto by Certified Mail addressed as follows: TO CITY City Manager City of Beaumont PO Box 3827 Beaumont, TX 77704 ARTICLE X CONTINUATION TO COMPANY Dave Marchese, CEO Coastal Caverns I, L.P. 919 Milam St., Suite 2425 Houston, TX 77002 If this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not affect the right of City to any payment made or accruing to City hereunder prior to such adjudication, and this provision is intended to be an independent and separable provision not to be affected by such adjudication. z IN WITNESS THEREOF, this Agreement, consisting of 10 pages, is executed in duplicate counterparts as of this day of , 2017. ATTEST: Tina Broussard City Clerk CITY OF BEAUMONT, TEXAS Kyle Hayes City Manager COASTAL CAVERNS I, L.P. By: ATTEST: 10 ADDENDUM FOR ABATEMENT AND ADDITIONAL PAYMENTS 1. The abatement and payment provisions below shall apply if Coastal Caverns starts construction of an expansion project as described below. (a) Project Branch — expansion investment estimated at a value of up to $271 million. All new construction and equipment related to this project will receive an initial four (4) year tax abatement beginning in 2019 atone hundred percent (100%) for the first two (2) years and seventy five percent (75%) for the next two (2) years. If it is verified that the taxable investment value is greater than $150 million then another three (3) years abatement at fifty percent (50%) would be provided. In exchange for the tax abatements, the City will continue to bill Coastal Caverns for the existing facilities based on its value and receive such payments, but it would be agreed that the payment would be no less than $165,000 per year. Any approved abatements that go beyond calendar year 2022 shall be extended or included in the subsequent Industrial District Agreement. SPINDLETOP SITE Legal Description: 52.456 Acre Tract or Parcel of Land John A. Veatch Survey, Abstract No. 55 Beaumont, Jefferson County, Texas BEING a 52.456 acre tract or parcel of land situated in the John A. Veatch Survey, Abstract No. 55, Jefferson County, Texas and being out of Blocks 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 and 35 of Spindletop Heights Subdivision, as recorded in Volume 1, Page 27, Map Records, Jefferson County, Texas and said portion of Spindletop Heights Subdivision being abandoned by Commissioner's Court of Jefferson County, Texas on March 19, 1953 and recorded in Volume 890, Page 633, Deed Records, Jefferson County, Texas and being all of that certain called 47.3482 acre tract of land as described in a "General Warranty Deed" from Coastal Caverns, Inc. to Coastal Caverns I, L.P. as recorded in Clerk's File No. 2013015782, Official Public Records of Real Property, Jefferson County, Texas, save and except that certain called 5.1707 acre tract of land as described in a "Special Warranty Deed" from Coastal Caverns I, L.P. to Centana Intrastate Pipeline, LLC as recorded in Clerk's File No. 2014018644, Official Public Records of Real Property, Jefferson County, Texas and being all of that certain called 5.1377 acre tract of land as described in a "Special Warranty Deed" from Sabine Gas Operating Company to Coastal Caverns I, L.P. as recorded in Clerk's File No. 200902146, Official Public Records of Real Property, Jefferson County, Texas and all of that certain called 5.1707 acre tract of land as described in a "Special Warranty Deed" from Centana Intrastate Pipeline, LLC to Coastal Caverns I, L.P. as recorded in Clerk's File No. 2014018645, Official Public Records of Real Property, Jefferson County, Texas. ERIE STREET ALL OF THOSE CERTAIN THREE TRACTS: TRACT I: Legal Description: 239.919 Acre Tract or Parcel of Land John A. Veatch Survey, Abstract No. 55 Beaumont, Jefferson County, Texas BEING a 239.919 acre tract or parcel of land situated in the John A. Veatch Survey, Abstract No. 55, Jefferson County, Texas and being out of and part of that certain called 354 acre tract of land as described in a deed from John A. Veatch to Simon Wiess as recorded in Volume C, Page 302, Deed Records, Jefferson County, Texas, the same being that certain called 354 acre tract of land as described in a "Partition Deed" to P.H. Wiess as recorded in Volume 141, Page 417, Deed Records, Jefferson County, Texas and being out of and part of that certain called 311.093 acre tract of land as described in a "Special Warranty Deed" from John Lewis Munday, Robert T. Munday, Jr., Kathleen Marshall Hardin, Aileen Marshall Roberts and Lewis A. Marshall to Coastal Caverns I, L.P. as recorded in Clerk's File No. 2007048811, Official Public Records of Real Property, Jefferson County, Texas. TRACT II: Legal Description: 71.242 Acre Tract or Parcel of Land John A. Veatch Survey, Abstract No. 55 Beaumont, Jefferson County, Texas BEING a 71.242 acre tract or parcel of land situated in the John A. Veatch Survey, Abstract No. 55, Jefferson County, Texas and being out of and part of that certain called 354 acre tract of land as described in a deed from John A. Veatch to Simon Wiess as recorded in Volume C, Page 302, Deed Records, Jefferson County, Texas, the same being that certain called 354 acre tract of land as described in a "Partition Deed" to P.H. Wiess as recorded in Volume 141, Page 417, Deed Records, Jefferson County, Texas and being out of and part of that certain called 311.093 acre tract of land as described in a "Special Warranty Deed" from John Lewis Munday, Robert T. Munday, Jr., Kathleen Marshall Hardin, Aileen Marshall Roberts and Lewis A. Marshall to Coastal Caverns I, L.P. as recorded in Clerk's File No. 2007048811, Official Public Records of Real Property, Jefferson County, Texas. TRACT III: Legal Description: 33.737 Acre Tract or Parcel of Land Out of and Part of Block 141 Gladys City Oil, Gas and Manufacturing Company Subdivision Volume 1, Page 55 and Volume 8, Pages 144 and 145, Map Records John A. Veatch Survey, Abstract No. 55 Beaumont, Jefferson County, Texas BEING a 33.737 acre tract or parcel of land situated in the John A. Veatch Survey, Abstract No. 55, Jefferson County, Texas, and being out of and part of Block 141 of the Gladys City Oil, Gas and Manufacturing Company Subdivision, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the plat thereof recorded in Volume 1, Page 55, and Volume 8, Pages 144 and 145, Map Records, Jefferson County, Texas and being all of that certain called 33.732 acre tract of land as described in a "Special Warranty Deed" from John Lewis Munday, Robert T. Munday, Jr., Kathleen Marshall Hardin, Aileen Marshall Roberts and Lewis A. Marshall to Coastal Caverns I, L.P. as recorded in Clerk's File No. 2007048812, Official Public Records of Real Property, Jefferson County, Texas. 2 August 1, 2017 Consider granting a new solid waste transportation service agreement with 2S Roll -off Services, LLC I a I I All 16 TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer 1141 MEETING DATE: August 1, 2017 REQUESTED ACTION: Council consider granting a new solid waste transportation service Agreement with 2S Roll -off Services, LLC BACKGROUND According to City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Six (6) entities currently have nonexclusive franchise agreements with the City and are doing business in this area. 2S Roll -off Service, LLC has requested that the City Council grant the company a franchise agreement. 2S serves southeast Texas with its corporate office located at 3065 W. Cedar Street, Beaumont, Texas. The agreement provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to the City Charter, franchise ordinances require readings at three (3) separate Council meetings, with the third not less than thirty (30) days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on the third and final reading. After passage, the ordinance must be published for four (4) consecutive weeks in a newspaper of general circulation in the city. All publication costs are paid by the franchisee. Attached is a copy of the franchise agreement for your review. This is the second reading. FUNDING SOURCE A franchise fee of seven percent (7%) of gross receipts will be paid to the City. RECOMMENDATION Approval of resolution. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO 2S ROLL -OFF SERVICE, LLC. WHEREAS, 2S Roll -off Service, LLC (the "Company") has requested a franchise to operate a solid waste collection and transportation service within the City of Beaumont, Texas (the "City"); and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. Grant of Authority There is hereby granted by the City to 2S Roll -off Service, LLC the right and privilege to operate and maintain within the City a solid waste collection and transportation service (the "service"). For purposes of this franchise, the term "solid waste collection and transportation service" shall mean the business of collection, hauling or transporting any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such material in accordance with law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty (60) days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term hereof, this franchise shall continue on a month-to-month basis until terminated by either party or extended or replaced. Section 3. Rates The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any .modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty (30) days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services `performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to SEVEN PERCENT (7%) of the gross revenues received for service in the previous month as payment for the use of the City's streets, alleys and rights-of-way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the r public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer name, address, frequency of pick-up, size of container or type of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: 1. Upon written request and within thirty (30) days of receipt, the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served, frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity, Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company's operations under this franchise, whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company, its agents, servants or employees, and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00) property damage. This policy shall name City as an additional insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. 3) General -Liability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury, and One Hundred Thousand Dollars ($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during ' the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition, the Company will observe all city, county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and roll -off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within. the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty- eight (48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company, the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten (10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company, the City Council may, after a public hearing in which Company is provided an opportunity to present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Ccr+tinn 17 Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to: Impact Waste LLC PO Box 20413 Beaumont, Texas 77720 Notice to City is sufficient if mailed by certified mail to: City Manager City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not affect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty (20) days prior to the effective date of this franchise, the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise, the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the 25th day of July, 2017. - Mayor Becky Ames - The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the 1st day of August, 2017. - Mayor Becky Ames - The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the day of , 2017. - Mayor Becky Ames - WORK SESSION 1. Review and discuss the operations of the Police Department 2. Review and discuss the operations of the Code Enforcement Division 3. Review and discuss the implementation of railroad Quiet Zones 4. Review and discuss advertising related to the Municipal Transit System AFAUMOWT� Quiet Zones Status ® Amelia Area Zone established in 2008 and in service in 2014 ® Downtown Beaumont established in 2012 and in service in 2017 ® Southside Beaumont requested in 2016 ® Northside Beaumont requested in 2017 Old Town Beaumont requested in 2017 Texas Department of TransporteNon U.S. Department of Transportation Federal Railroad Administration KANSAS TY/') tTNERN illPil� Stakeholders Federal Railroad Administration Private Owners City of Beaumont Kansas City Southern Railroad UNION PACIFIC RAILROAD III��I Union Pacific • • Burlington Northern 17.4 Ad DYAY Santa Fe Railroad AMTRAK Amtra k 144% C5E^& Off Port of Beaumont F F y," y` �+ F OF RA:TRo U.S. Department of t N W �90 Transportation a �oSrATEs of City Wide Amelia Area(Existing) powntown Beaumont (Existing) - .•�' �4 § „gin � '' a�" z � Aa'"x< s '" *c ,"1 iF' - ,rte N q h`. 1y"" _` ,,�, �` �F`��� Np Main Street � 5 .�,, "` _�. �,' 7,. r" 4 a � P°`+.. �"" � � ,inn. .gym .'r '"� '"y � p^ . �' d � 1� !�,,' 3, , §1-' •• t ..._... - Pearl Street �""' §� �`•>_; — ' f ray •.ltr.- r O O 3 ,* r`+ �_° 1 ParldOHeans Streets ✓. ,,.°mak - w �� r .r A Main Street j� Neches Street_ Pearl Street of [ F 7FF . \. "k ..,fir 4yj" v. j ,*�*, �n k i fir., r+'• `� -? ` °`'''.� y'' ti„ ,.c: x a § �,iiM'`� r" �f .;may a• _ 4 .' 40, � �, � �� , , , ... � .err$,- � , .,�'�,,/ . , � J .` .••�,�� , � �� � , �; ... -.: •- y„.a.'.W*'+*"' _,e,L„�.�`d'i�"„�,,..,•,, ",:,�,' j$t''�.-- f 'sem'"w•r^ h �+.,,�,�rd • Neches Street! Trinity Street Legend CCollege Street QZCrossingsx' i • Eastham SIGNALIZED , �� ¢ �� ` ` Forge Private Crossing r O YES r`' Archie Street College Street Southside Beaumont (Requested) Northside Beaumont (Requested) Old Town Beaumont (Rp-ntjprtpH) 4� �''X x YrL .7� J.' ��C!-x t• 'q 1 STM, y� +4. �9 � � �, r,��r C �� 4, � '* �ya ♦F1P n '.�. R'Sr3 : r a i �"`.'4��r x,'3ra.�4 far :"����+ •�� "� �' �� r x # *i Mt y • 1 1 k �' ". ?+• r+1L .a _.. ,QZ Crossings SfGNALIZED YE z Wtones u" A"v S a north Street ° McFaddin Avenue ° Calder Avenue Broadway I Street ' ° Liberty Avenue ° Laurel Avenue ..,` 77P Mf.T, M S Quiet Zone Risk Index (QZRI) vs Nationwide- Significant Risk Threshold(NSRT) S The QZRI is Calculated using the Federal Railroad Administration's Risk Calculator. The calculator takes into account the number of crossings, the vehicle volume at each crossing, the volume of trains passingthrough the zone, and the existing conditions of each crossing. • Anything exceeding a NSRT of 15,000 is designated a high risk area and Standard Safety Measures are required to be implemented in order to qualifyfor the Quiet Zone establishment. • For example,the recent quiet zone in Downtown Beaumont was rated above 19,000. ® After we closed Pearl Street and installed standard safety measures and improved crossing gates on Neches Street, the QZRI dropped down to just over 3,000. A QZRI value of 3,000 will now qualifythe area for a quiet zone designation. Standard Safety Measures (SSM) Standard Safety Measures or SSM"s are solutions that are approved by the Federal Railroad Administration that can be utilized to lower the Quiet Zone Risk Index. • Some examples include upgrading the gates so they close on both sides from each direction, closing crossings, and/or installing physical barriers to keep drivers from driving around the gates. Quiet Zone Procedure Option # 1 Select r P_S,sJn s Obtain Cooperation .from- all affected .parties, QZ must be at least % mile brig Install gates lights at all , public crossings 0 Private crossings N with commercial, industrial, or public access included? Send affi�rrnation and Notlfiy;pa;rt3iesill�ensce updated .inventory form to ho,rns,,'ilnstalel dig+n,s�a�t, FRA every 2.5-3 years abl crossrngs''w�; . y If N] IS'less.'than :. `.,_ NskT, the cros Ings_:. qualify .and: we may proceed as shown: Comply with diagnostic teams recommendations I F NO PRI VATECROSSINGS Conduct diagnostic team review of private crossings a Quiet Zone Procedure Option # 2 Select Crossings . . O Obtain 00 Cooperation from all affected parties QZ must be at least %z mile . long lnstall'gates & lights at all. pubkic:crossings Send affirmation and updated inventory form to FRA every x..4.5-5 years.. Private crossings with commercial, industrial, or public access included? Notify ,parties, Silence horns, InstaoH, signs at ;all.crossings. X if QZRI is greater than NSRT, the.crossings:do not qualify and. -we may_ proceed with installing SSMs as shown: Comply with diagnostic teams recommendations IF NO PRIVATECROSSINGS Conduct diagnostic team review of private crossings a Update national eery inventory to,reflect I�nstaElil u!bllc 0�-:!NSexi,tmg conditions swith in:6 months V11'rior to notification Pros and Cons to Quiet Zones PROS ® Horns will cease sounding operations at every crossing as mandated by federal law. Lower risk of accidents. ® Ensures a lower frequency of Horn Sounding improving quality of life for residents near a train crossing. C O NS Quiet zones can be very costly. Making the recommended changes could cost any where from hundreds of thousands of dollars to millions of dollars. Permanent closure of the crossings will limit access for Fire, Police, EMS, City Services, etc. Note:Horns could still be blown if the train engineer determines there is a clear and immediate danger present at the crossing. Costs The Railroad company with maintenance authority over the rail line may have additional criteria that needs to be met in orderfor a quiet zone to qualify. The City and the maintaining railroad company would need to cooperate to accomplish qualifying each quiet zone desired. • Not all signalized crossings are the same. Some do not have the minimum required pre-emption equipment to qualify the crossing for a quiet zone designation. In order to proceed, the signal will need to be upgraded. This can cost $200-$400 thousand per crossing. ® The maintaining railroad authority will provide a one-time credit of $15 thousand for every crossing the City agrees to have closed. Estimates Each desired quiet zone cost is estimated as follows: ®Id Town- 7 existing crossings, 1 mandatory closure: $1.2-$2.4 M • Southside- 19 existing crossings, 8 mandatory closures: $2.2-$4.4 M Northside- 13 existing crossings, 0 mandatory closures: $2.6-$5.2 M Note: Signalized crossings with pre-emption equipment could significantly reduce. the cost of upgrading to meet quiet zone criteria. BEAUMONT TEXAS TO: City Council Work Session FROM: Kyle Hayes, City Manager Cst3 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: August 1, 2017 REQUESTED ACTION: Work Session to Review and Discuss Transit Advertising. BACKGROUND In order to enhance revenues, many transit services regularly offer advertising on their vehicles and bus shelters. Specifically, advertising comes in the form of signs within the buses, advertising to riders, signs on the buses, or full bus "wraps" that advertise to both riders and the general public and signs placed on shelters. Historically, signs placed on individual bus benches have been used, but less so in recent years. Currently, the only advertising element that Beaumont Transit offers is exterior bus "wraps". The costs for the design and printing of the "wraps" are the responsibility of the custormer, and monthly rates are: one (1) to two (2) months: $5,000/mo.; three (3) to five (5) months: $3,000/mo.; six (6) to eleven (11) months: $2,000/mo.; and, twelve (12) months or more: $1,500/mo. Historically, the City had a bus bench advertising program that began in 1991. This program allowed a private party to install and maintain advertising benches for a five year period in exchange for an initial fee of $50 per bench and an annual renewal payment of $25 per bench. Over time, the benches became unsightly and fell into disrepair and the program was ended in 2008. Fewer and fewer of these types of bus bench advertising programs exist among other systems. Morevoer, the City's sign ordinance prohibits "off -premise" advertising and private advertising within the rights-of-way. It should also be noted that due to recent challenges and decisions of sign ordinances at the federal level, allowing private advertising within the rights-of- way could run afoul of these court decisions. With regard to advertising on and within the buses themselves, this is something that merits further efforts. The only known negative issue would be coordinating any downtime for the buses during the installation of signs. With regard to positive aspects, one recent company estimated revenue back to the system at approximately $18,000 for an ongoing bus interior and exterior sign program. Another possibility would be to either better market the bus "wrap" program internally or partner with a third parry to provide these marketing services for the system. FUNDING SOURCE Not applicable. RECOMMENDATIONS Conduct the Work Session. mom Regional Transportation Authority Enhancement Proposal Prepared by: McKinley Darden III For Review by: Kyle Hayes, Mr. Bill Munson, Beaumont City Council T -J 'pi 3FA k , , 0 17�ljl VI k , , 0 SPEEQ } i LIMIT t 4.5" 1.1--11-1-1-1- - I In our current state of transit seating accommodation those who depend on public transportation - including senior citizens, military veterans, and citizens with disabilities, are forced to stand or sit on the ground to wait for the bus. How are public transportation resources Ci of p piiLAIJIbiA,� .. � Coljpus being utilized in other parts of Texas. Christi By teaming up with a local sign company, the City of Corpus Christi is able to provide seating for its citizens and take in substantial monthly revenue while allowing the sign company to fully_ manage sales, maintenance, and installation of the advertising media. Vl ►�`J \ 11 T E X A S "Together, We Can Do This !!" 1. . i` '�• �' � � � �" ! ` , � � �,� �- Hightech Signs is prepared to fund the installation of bus benches/shelters around the city, starting in key locations and expanding over time. Hightech Signs proposes its appointment as exclusive advertiser for the Beaumont Regional Transportation Authority. Hightech Signs would like to be the company the city trusts to plan and execute the advertising program for all bus benches and bus advertising. We learned from Bill Munson that this was tried previously, but by having a tenured sign company with all the resources to install and maintain the digitally printed media and sales, we can ensure it will be done correctly. Prepared by: McKinley Darden III Business Development Manager, Hightech Signs 3 August 1, 2017 Council consider a resolution approving the settlement of the lawsuit styled City of Beaumont and Beaumont Transit Company vs. Payne's Wrecker Service, Inc. d/b/a Payne & Sons Body Shop & Wrecker and Russell Huff, Cause No. D-197337. BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: August 1, 2017 REQUESTED ACTION: Council consider a resolution approving the settlement of the lawsuit styled City of Beaumont and Beaumont Transit Company vs. Payne's Wrecker Service Inc. d/b/a Payne & Sons Body Shop & Wrecker and Russell Huff; Cause No. D-197337. BACKGROUND The lawsuit styled City of Beaumont and Beaumont Transit Compan vs.�Payne's Wrecker - Service. Inc. d/b/a Pavne & Sons Body Shon & Wrecker and Russell Huff; Cause No. D-197337 was presented and discussed in Executive Session held on August 1, 2017. The City Attorney is requesting authority to settle this suit in the amount of $206,252.56. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution.