HomeMy WebLinkAboutPACKET JAN 15 2019BEAUMONT
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JANUARY 15, 2019 1:30.PM
* Approval of minutes — January 8, 2019
Confirmation of board and commission member appointments
A) Authorize the City Manager, City Attorney and the City's Chief Financial Officer to
register and participate in an on-line. auction for the purchase of the former AT&T Call
Center Building and property located at 555 Main Street, Beaumont, Texas
B) Approve the purchase of two defibrillators for use in the Fire Department
C) Authorize the City Manager to apply for and receive funding through the U. S.,
Department of Homeland Security, 2019 Emergency Management performance Grant
Program
D) Authorize the City Manager to execute Change Order No. 1, accept maintenance and
authorize final payment for the Keith Road 16" Water Line (From Phelan Boulevard to
Dishman Road) Project
E) Approve amendments to the Industrial District Agreements with Air Liquide Large
Industries U.S. and Natgasoline, LLC in relation to language regarding abated property
under construction
F) , Authorize the execution of four Utility Crossing Agreements with Exxon Mobil Oil
Corporation
G) Authorize the Mayor, City Manager, City Attorney, Emergency Management
Coordinator and other designees to execute a Mutual Aid Agreement, and four
addendums, with the Beaumont Independent School District
BEAUMONT
TEXAS
TO: I - City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: January 15, 2019
REQUESTED ACTION: Council consider a resolution authorizing the City Manager, City
Attorney and the City's Chief Financial Officer to register and
participate in an on-line auction for the purchase of the former
AT&T Call Center Building and property located at 555 Main
Street, Beaumont, Texas.
BACKGROUND
The former AT&T Call Center Building is being sold through an on-line auction process. That
process requires bidders to register on-line by providing financial documents and assertions
about the buyer's financial condition, proof of authority from the buying entity authorizing the
purchase and placing a deposit in escrow in the amount of $25,000. The deposit is fully refunded
should the bidder be unsuccessful in purchasing the property. Bidding will commence on
February 11, 2019 and will end on February 13, 2019.
FUNDING SOURCE
General Fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager, City Attorney and the City's Chief Financial Officer, as
representatives of the City of Beaumont, be and they are hereby authorized to take the
necessary action to pursue the purchase of the former AT&T Call Center building and
property located at 555 Main Street, Beaumont, Texas.
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 15th day of
January, 2019.
- Mayor Becky Ames -
I�
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux Chief Financial Officer
MEETING DATE: January 15, 2019
REQUESTED ACTION: Council consider a resolution approving the purchase of two
defibrillators for use in the Fire Department.
BACKGROUND
The defibrillators are used by the Fire Department as a complete acute cardiac care response
system designed for basic and advanced life support. Pricing was obtained from Physio -Control, of
Redmond, Washington in the amount of $67,483.74. The two old units will be traded in because
they exceeded their expected service life and will qualify for a credit of $5,000, which is reflected
in the total price.
Physio -Control is a sole source provider, that manufactures, services and provides the warranty on
all defibrillators within the City.
FUNDING SOURCE
Capital Reserve Fund.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of two (2) LP15V4
Monitor/Defibrillators for use by the Fire Department from Physio -Control, Inc., of
Redmond, Washington, a sole source provider, in the amount of $67,483.74.
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 15th day of
January, 2019.
- Mayor Becky Ames -
c
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: January 15, 2019
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
apply for and receive funding through U. S. Department of
Homeland Security, 2019 Emergency Management Performance
Grant (EMPG) program.
BACKGROUND
The Department of Homeland Security EMPG funding is provided to assist state and local
governments in enhancing and sustaining all -hazards emergency management capabilities. It
directly supports developing and carrying out emergency management programs. This includes
mitigating costs of compliance with National Incident Management System, Incident Command
System, planning, and training mandates, as well as reducing the personnel costs to manage the
program. The federal funding guidelines are envisioned to cover up to half the anticipated
operating expenses which are currently funded through the city's budget. The City was awarded
$40,480.14 from this funding source in fiscal year 2018, and we anticipate the City receiving a
similar amount in 2019.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to apply for and receive funding
for the City of Beaumont through the U.S. Department of Homeland Security, 2019
Emergency Management Performance Grant (EMPG) in an amount not to exceed
$118,765.25 to assist in developing and carrying out various emergency management
programs.
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 15th day of
January, 2018.
- Mayor Becky Ames -
1
BEAUMONT D
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director
MEETING DATE: January 15, 2019
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute Change Order No. 1, accept maintenance and authorize
final payment for the Keith Road 16" Water Line (From Phelan
Boulevard to Dishman Road) Project.
BACKGROUND
On November 21, 2017, by Resolution No. 17-248, City Council awarded a, contract to Allco,
LLC, of Beaumont, Texas, for the construction of a 16" water line along Keith Road in the amount
of $726,162.75.
Proposed Change Order No. 1, in the amount of $30,945.25, is required to adjust the estimated
quantities to reflect the actual quantities used in the completion of the project, and the addition of
93 calendar days which were needed due to weather and utility coordination delays during
construction. If approved, the final contract amount will be $757,108.00.
The project has been inspected by Water Utilities and found to be complete in accordance with the
provision and terms set forth in the contract. Acceptance of maintenance and final payment in the
amount of $37,855.40 is recommended.
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO. 17-248
BE IT RESOLVED BY THE CITY COUNCIL OF THE
C�L�T�: n�l►�i[�7►��1
THAT the City Council hereby approves the award of a contract to Allco, LLC, of
Beaumont, Texas, in the amount of $726,162.75 to furnish all labor, materials, and
equipment for the Keith Road (from Phelan Boulevard to Dishman Road) 16" Water Line
Project; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a Contract with Allco, LLC, of Beaumont, Texas, for the purposes
described herein.
The meeting at which this resolution was approved was in all things conducted in
I
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 21st day of
November, 2017.
Mayor Becky Ames -
APPROVAL OF CONTRACT CHANGE
CHANGE ORDER No. One (1) & Final
January 15, 2019
Page 1 of 1
PROJECT:
City of Beaumont, Texas
188.00
Keith Road 16 -Inch Water Line (From Phelan Blvd to Dishman Rd)
OWNER:
City of Beaumont, Texas
006
801 Main Street
$217.50 / EA.
Beaumont, Texas 77704
CONTRACTOR:
Allco, Ltd.
018
6720 College Street
$0.50 / L.F.
Beaumont, Texas 77707
TO THE OWNER:
Approval of the following contract change is requested.
Reason for Change: To adjust the contract time to provide for weather and utility delays during construction, and to adjust the
existing bid item quantities of the project.
$1,175.00 / EA.
ORIGINAL CONTRACT AMOUNT:
$ 726,162.75
THIS CHANGE ORDER
Item No. Description:
Unit Price
ADD
$ 13,144.25
188.00
004
Furnish & Install - 16" C-905 Water Line Bore
$64.75 /,L.F.
006
Furnish & Install - 16" Class 165 C-905 Water Line Bore
$217.50 / EA.
014
24" x 3/8" Steel Casing
$73.00 / L.F.
018
Trench Safety System
$0.50 / L.F.
DELETE
012
Furnish & Install - 16" MJ 45° Bend
$1,175.00 / EA.
013
Furnish & Install - 16" x 6" MJ Reducer
$950.00 / EA.
015
Furnish & Install - 3" Air Release Valve
$5,000.00 / EA.
016
Furnish & Install - Asphalt Pavement Replacement
$50.00 / S.Y.
017
Trench Safety Plan
$750.00 / L.S.
019
6" Wide Steel Brackets
$1,600.00 / EA.
TOTAL AMOUNT OF THIS CHANGE ORDER:
TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER:
CONTRACT TIME
Original Contract Time: 240 Calendar Days
Additional Time Requested: 93 Calendar Days
Revised Contract Time per this Change Order: 333 Calendar Days
uanti Net Change
203.00
$ 13,144.25
188.00
$ 40,890.00
51.00
$ 3,723.00
456.00
$ 228.00
(3.00) $ (3,525.00)
(1.00)
$ (950.00)
(0.20)
$ (1,015.00)
(240.00)
$ (12,000.00)
(1.00)
$ (750.00)
(5.50)
$ (8,800.00)
$ 30,945.25
$ 757,108.00
CONDITION OF CHANGE:
"Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order
represents full compensation for all increases and decreases in the cost of, and the time required to.perform the entire work under
the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver
constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually agreed upon
adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly
executed."
Recommended by.-
-�P-D_re 1,74 A., X-VI
w
City o eaumont
Publ c Works Director
Date:
Approved by:
City of Beaumont
Owner
Date:
E.%WocWr %Wmc WinC irec Wth emmenmrac�sarevgeo�der_Kd�hrta
Accepted by:
Allco, Ltd.
Contractor
Date: /—
r�
AFFIDAVIT ON BEHALF OF CONTRACTOR
STATE OF Texas
COUNTY OF Jefferson
CONTRACT: City of Beaumont Keith Road 16 -inch Water Line (From Phelan Blvd to Dishman Rd)
DATED: Januga 18, 2018
ALLCO BY AND THROUGH T. W. HARRISON, ITS PRESIDENT DOES HEREBY AND
HEREWITH DECLARE THAT ALL LABOR, BILLS FOR MATERIALS, FOR SUPPLIES,
UTILITIES AND FOR ALL OTHER THINGS FURNISHED OR CAUSED TO BE FURNISHED
BY THE ABOVE NAMED CONTRACTOR AND USED IN THE EXECUTION OF THE
CONTRACT NUMBERED AND DATED ABOVE BETWEEN CITY OF BEAUMONT AND
ALLCO HAVE BEEN FULLY PAID, AND THAT THERE ARE NO UNPAID CLAIMS OR
DEMANDS OF SUBCONTRACTORS, MATERIAL MEN, MECHANICS, LABORERS, OR ANY
OTHER RESULTING FROM OR ARISING OUT OF ANY WORK DONE OR ORDERED TO
BE DONE BY SAID CONTRACTOR UNDER THE ABOVE IDENTIFIED CONTRACT; AND
DECLARES:
THAT ALL FEDERAL AND STATE PAYROLL TAXES AND CONTRIBUTIONS FOR
UNEMPLOYMENT INSURANCE, OLD AGE PENSIONS, ANNUITIES, AND RETIREMENT
BENEFITS IMPOSED OR ASSESSED UNDER ANY PROVISION OF ANY LAW, STATE OR
FEDERAL, AND MEASURED BY WAGES, SALARIES, OR OTHER REMUNERATION PAID
BY SAID CONTRACTOR TO EMPLOYEES OF HIS OWN OR SUBCONTRACTORS
ENGAGED IN SAIDWORK, OR IN ANY OPERATION INCIDENTAL THERETO HAVE BEEN
PAID.
ALL
BY:
SUBSCRIBED AND SWORN TO BEFORE ME THIS q* DAY (-6W l (q 20 11
t �pPY PGm MARY BETH DELORD
Notary Public, State Of Texas
NOTARY"PUBLIC t My C mmissi o19 pyres
STATE OF TEXAS
MY COMMISSION EXPIRES:
PROJECT: Keith Road Waterline Installation Invoice #: 8711
OWNER City of Beaumont
CONTRACTOR: Allco, LLC TX -806
ENGINEER: City of Beaumont Contract:
PERIOD END: December 31, 2018 ESTIMATE NO.: Seven(7)
SUMMARY OF PAYMENT VALUES FROM ATTACHED SCHEDULES
Original Contract Amount
Approved Change Orders
Current Contract Amount
Total Value of Contract Performed
Extra Work on Approved Change Orders
Material on Hand
Total Value of Work to Date
Less Amount Retained at 0%
Net Amount Earned on Contract
Less Amount of Previous Invoices
BALANCE DUE THIS INVOICE
726,162.75
726,162.75
757,108.00
r
757,108.00
757,108.00
719,252.60
i
37,855.40
Percentage of Contract Invoiced to Date 104%
The undersigned contractor certifies that all work, including materials on hand, covered by this Periodic Payment
have been completed of delivered in accordance with the Contract Documents, that all amounts have been paid by
him for work, materials, and equipment for which previous Periodic Payments were issued and received from the
Owner, and that the current payment shown herein is now due.
CONTRACTOR,ALL L
BY: DATE:
T.W. Harrison - President
31 -Dec -18
Subscribed and sworn to before me this 3lst day of December, 2018 t "'""------— —m —,�� ...,,
1 �aaY p�� MARY BE f Ii DELORD
'[� A (� z Notary Public, Stale Of Texas t
Notary Public: I�Q My Commission Expires t
t�N^ V�� 0412.2019 1
My Commission expires: April 12, 2019 ----•"•' --
Recommended for Payment by: Approved for Payment by:
iuv
Date Date
Approved for Payment by: Approved for Payment by:
Date Date
PROJECT: Keith Road Waterline Installation
OWNER City of Beaumont
CONTRACTOR A.11co, LLC
ENGINEER City of Beaumont
PPRTMPWT)- TI -1-11 MIA
Contract
RCTIMATE' M() - A - VIA
ITEM
DESCRIPTION
QTY
UNIT
UNIT
PRICE
TOTAL
PRICE
PER
QTY
QTD
VALUE
COMPLETED
1
Mobilbation - not to exceed 3%
1
LS
20,000.00
20,000.60
1
20,000.00
2
Connect new 16" to existing 16' waterline
2
EA
5,050.00
10,100.00
2
10,100.00
3
6' Class 150 C900 PVC waterline
180
LF
19.25
3,465.00
180
3,465.00
4
16" Class 165 0905 PVC waterline - install
6,711
IF
32.38
217,302.18
6,914
223,87532
4b
16" Class 165 C905 PVC waterline - accept
6,711
LF
32.37
217,235.07
6,914
223,806.18
5
16" PVC waterline by direetional drill/slick bore - install
60
LF
84.38
5,062.80
60
5,062.90
Sb
16" PVC waterline by directional drill/slick bore - accept
60
LP
84.37
5,062.20
60
5,062.20
6
16" PVC waterline by directional drill/slick bare -install
140
LF
108.75
15,225.00
328
35,670.00
6b
16' PVC waterline by directional ddWsltek bora weppt
140
LF
108.75
15,225.00
328
35,670.00
7
16' PVC waterline by directional drilYslick bore -install
60
LF
94.13
5,647.80
60
5,647.80
7b
16' PVC waterline by directional drill/slick bore -accept
60
LF
94.12
5,647.20
60
5,647.20
8
16" Class 165 Ductilie iron waterline 8 bridge
65
LF
229.00
14,885.00
65
14,885.00
9
Fire hydrant assy
9
EA
4,800.00
43,200.00
9
43,200.00
10
16"Gas valve -install
12
EA
3,000.00
36,000.00
12
36,000.00
10b
16' Gate valve - accept
12
EA
3,000.00
36,000.00
12
36,000.00
11
16" NII tee
1
EA
2,000.00
2,000.00
1
2,000.00
12
16' )AI 45
16
EA
1,175.00
18,8OD.00
13
15,275.00
13
16" x 6" NIT reducer
1
EA
950.00
950.00
14
24"x 3/8" Steel casing
260
LF
73.00
18,980.00
311
22,703.00
15
Air release valve
1
EA
51000.00
5,000.00
0.797
3,985.00
16
Asphalt pavement replacement
240
SY
50.00
12,000.00
17
Trench Safety Plan
i
IS
750.00
750.00
18
Trench Safety System - install
7,151
IF
0.25
1,787.75
7,607
1,901.75
18b
Trench Safety System - accept
7,151
LF
0.25
1,787.75
7,607
1,901.75
19
6' Wide steel bracket
8
EA
1,600.00
12,800.00
2.5
4.000.00
20
2" Temporary flushout
1
EA
1,250.00
1,250.00
1
1,250.00
TOTAL FOR PROJECT
726162.75
757108.00
RESOLUTION NO.
WHEREAS, on November 21, 2017, the City Council of the City of Beaumont,
Texas passed Resolution No. 17-248 awarding a contract in the amount of $726,162.75
to ALLCO, Inc., of Beaumont, Texas, for the Keith Road 16" Water Line (from Phelan
Boulevard to Dishman Road) Project; and,
WHEREAS, Change Order No. 1, in the amount of $30,945.25, is required to
adjust the estimated quantities to reflect,the actual quantities used in the completion of
the project, and the addition of ninety-three (93) calendar days which were needed due
to weather and utility coordination delays during construction, thereby increasing the
total contract amount to $757,108.00; and,
WHEREAS, the project has been inspected by the Water Utilities Division and
found ,to be complete in accordance with the provisions and terms set forth in the
contract;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute Change
Order No. 1, in the amount of $30,945.25, for additional work described above, thereby
increasing the total contract amount to $757,108.00 for the Keith Road 16" Water Line
(from Phelan Boulevard to Dishman Road) Project; and,
BE IT FURTHER RESOLVED THAT the Keith Road 16" Water Line (from Phelan
Boulevard to Dishman Road) Project be and the same is hereby accepted; and,
BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make
final payment in the amount of $37,855.40 to ALLCO, Inc., of Beaumont, Texas.
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 15th day of
January, 2019.
- Mayor Becky Ames -
E
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: January 15, 2019
REQUESTED ACTION: Council consider a resolution approving an amendment to the
Industrial District Agreement (IDA) with Air Liquide Large
Industries U.S. and Natgasoline, LLC in relation to language
regarding abated property under construction.
BACKGROUND
On December 8, 2015, City Council approved an IDA with Air Liquide Industries. That
agreement contained language regarding an assignment of abated property which was originally
granted to Natgasoline which was transferred to Air Liquide. The intent.of the abatement was to
give a 100% tax abatement for newly constructed property known as an Air Separation Unit
(ASU). The original language in both IDA's was written for a term of payments due in years
2015 through 2024. However, since construction did not start until 2014 there would have been
no assessed values on the books until January 1, 2015, thus no taxes would have been due until
February of 2016. Accordingly, there was no actual abatement for the tax due in 2015.
An amendment to both IDA's is being proposed to amend the terms of the abatement period
from years 2015 through 2024 to read as tax years 2015 through 2024 (fiscal years 2016 through
2025). This would ensure that the actual abatement of f assessed values is covered for a period of
10 years as intended.
FUNDING SOURCE
Payments are accounted for in the General Fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, on December 8, 2015, the City Council of the City of Beaumont,
Texas passed Resolution No. 15-259 authorizing the City Manger to execute an
Industrial District Agreement with Air Liquide Large Industries U.S.; and,
WHEREAS, on February 18, 2014, the City Council of the City of Beaumont,
Texas passed Resolution No. 14-038 authorizing the City Manager to execute an
Industrial District Agreement with Natgasoline, LLC, a wholly-owned subsidiary of OCI
N.V.; and,
WHEREAS, due to a delay in the completion of construction an amendment to
the Industrial District Agreements with Air Liquide Large Industries U.S. and
Natgasoline, LLC is necessary to amend the terms of the tax abatement period from
years 2015 through 2024 to read as tax years 2015 through 2024 (fiscal years 2016
through 2024) to reflect an abatement of the new construction for a period of ten (10)
years as intended; and;
WHEREAS, City Council is of the opinion that it is in the best interest of the
citizens of the City of Beaumont for the City to enter into amendments to the Industrial
District Agreements between the City of Beaumont and Air Liquide Large Industries
U.S. and Natgasoline, LLC;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Manager be and. he is hereby authorized to execute an
amendment to the Industrial District Agreements between the City of Beaumont and Air
Liquide Large Industries, U.S. and Natgasoline, LLC to amend the terms of the tax
abatement period from years 2015 through 2024 to read as tax years 2015 through
2014 (fiscal years 2016 through 2025), substantially in the form attached hereto as
Exhibits "A" and "B," respectively, 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 15th day of
January, 2019.
- Mayor Becky Ames -
r --
THE STATE OF TEXAS
COUNTY OF JEFFERSON
AGREEMENT
This Agreement is made under the authority of §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
Air Liquide Large Industries US L.P, a Delaware limited partnership, hereinafter called
"Company."
WHEREAS, City has established an industrial district comprising a certain part of
the extra -territorial jurisdiction of City, such industrial district being known as City of
Beaumont Industrial District (the "District")
WHEREAS, Company and/or its Affiliates (as hereinafter defined) owns and/or
leases land and improvements which are part of the manufacturing and industrial
facilities of Company and/or its Affiliates located within District, such land and
improvements (the "Property").
WHEREAS, 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 City and benefits derived by Company by reason of being
located immediately adjacent to City.
Page i
EXHIBIT "A"
WHEREAS, Company and City desire to base the industrial district payment on
assessed value to ensure equity among the companies.
WHEREAS, City desires to encourage the addition of new improvements to the
Company's property located within the City of Beaumont Industrial District.
In view of the above and foregoing reasons, and in consideration of the mutual
agreements herein contained, Company and City hereby agree as follows:
ARTICLE 1.
COMPANY'S OBLIGATION
1. The City of Beaumont granted Natgasoline, LLC 100% abatement for a
term of tax years 2015 through 2024, (Fiscal years 2016 through 2025) on all new
construction and improvements to existing, facilities on the herein described property. In
November 2014, Natgasoline made a partial Assignment of the abatement to Company
through which after executing a ground lease with Natgasoline, Company will construct,
own, and operate an air separation unit ("ASU") as part of Natgasoline's methanol
project. The estimated value of the ASU is $115 million. Such an assignment was
allowed by the industrial district agreement between the City of Beaumont and
Natgasoline. Such new construction and improvements will be abated at 100% through
tax year 2024 (Fiscal year 2025).
2. The abatement does not include the value of the existing property owned by
Company and in the City's extraterritorial jurisdiction related or unrelated to this new
construction. Company shall be responsible for the payment in lieu of taxes based upon
the existing value of the property and improvements currently existing on property leased
Page 2
from Natgasoline or any other unrelated property in the ETJ as determined by the
Jefferson County Appraisal District.
3. Company will make an annual payment to City on or before February 1 't of
each such year computed based on 100% of the Assessed Value of the Company's
facilities and property, real, personal, and mixed, located on Company's land covered by
this Agreement (herein "the property") as provided herein (the "Annual Payment"). Upon
expiration of the abatement period, the Annual Payment shall include all property
covered by this Agreement.
4. "Assessed Value" means the 100% valuation of Company Property and
improvements thereon as determined by the Jefferson County Appraisal District for the
previous tax year.
5. "Assumed City Taxes Due" means the number obtained by the following
for
mul
a:
Assessed Value Less Improvement Value Subject to Abatement/ I Wx
Current City Tax Rate = Assumed City Tax Due
6. In October of each year the Finance Officer for City shall obtain the most
recent Assessed Value as set by the Jefferson County Tax Appraisal District and such
valuation shall be used for the Annual Payment due the following February; by way of
example, October 2015 Assessed Values would be used for the February 1, 2016
payment.
Page 3
J
If the assessed values 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 question and an adjustment for the payment,
without interest, will be made within thirty (30) days following such resolution.
a) After the assessed value of the Company's properties has been determined, the
payments due hereunder shall be calculated in accordance with the following
schedule:
The Fiscal years 2016-2018 payments shall be 100% of assumed taxes due.
The Fiscal years 2019-2021 payments shall be 80% of assumed City taxes due.
The Fiscal years 2022-2025 payments shall be 75% of assumed City taxes due.
b) City shall bill Company for payments due hereunder on or before January 1 each
year. Company shall pay to City the amount billed on or before February 1 each
year. Upon receiving the final payment, the Finance 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 payment is not made on or before any due date,
the same penalties, interest, attorneys' fees and costs of collection shall be
recoverable by 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 City had Company been in the city limits of City will be
recaptured and paid to City within 60 days of any such event.
Page 4
ARTICLE 11.
PROPERTY COVERED BY AGREEMENT
This Agreement will reflect the intention of the parties hereto that this Agreement
shall govern and affect the properties of Company and/or its Affiliates (facilities, real,
personal, and mixed) located on the Property more particularly described in Exhibit "A,"
which are within the extra -territorial jurisdiction of the City of Beaumont. "Affiliates"
shall mean any entity owned entirely or in part by Company.
ARTICLE Ill.
SALE BY COMPANY
(a) Company shall notify City of any sale of any or all of Company's facilities
to any person or entity. It is the intent of the parties that no sale of any of Company's
facilities will affect the amount to be paid to City as provided under this Agreement.
Accordingly, and as to payments due under this Agreement, no such sale shall reduce the
amount due City under this Agreement until the purchaser of such facility has entered
into a contract in lieu of taxes with City that provides for a continuation of like payments
to City.
(b) Company shall have the right to assign, transfer or convey all, or any part
of, its rights, title and interest in the 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 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 City. Subject to
Page 5
the preceding, this Agreement shall inure to the benefit of and be binding upon the parties
hereto and their respective successors and assigns.
ARTICLE IV.
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 becomes final with respect to the property so annexed, but shall
nevertheless be obligated to make full payment for the year during which such
annexation becomes effective if the annexation becomes effective after January 1st 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
Page 6
annexation or incorporation and shall take such other legal steps as may be necessary or
advisable under the circumstances with all costs of such action being borne equally by the
City and by the said Company or companies with 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, 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 V.
TERMINATION FOR BREACH
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 shall be entitled to enjoin the enactment or enforcement of any
ordinance or charter amendment in violation of, or in conflict with, the terms of this
Agreement and shall be entitled to obtain such other equitable relief, including specific
Page 7
performance of the Agreement, as is necessary to enforce its rights. It is further agreed
that should this Agreement be breached by Company, 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 VI
A FFTT T A TF C
The benefits accruing to Company under this Agreement shall also extend to
Company's "parent," "affiliates" and to any properties owned or acquired by said parent
and affiliates within the area described in Exhibit "A" to this Agreement, 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 parent and/or 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. The word "parent" as
used herein shall mean all companies which directly or indirectly, through one or more
intermediaries at the time in question, owns or has the power to exercise control over
fifty percent (50%) of the stock having the right to vote for the election of directors of
Company.
31, 2025.
ARTICLE Vll.
TERM OF AGREEMENT
The term of this Agreement shall be for ten (10) years, expiring December
Page 8
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 TO COMPANY
City of Beaumont Air Liquide Large Industries US L.P.
Attn: City Manager Attn: Property Tax
801 Main Street P. O. Box 460149
Beaumont, Texas 77704 Houston, Texas 77056-8149
IN WITNESS THEREOF, this Agreement, consisting of ten pages plus Exhibit
"A" is executed in duplicate counterparts as of this day of , 2019.
ATTEST:
Tina Broussard
City Clerk
City of Beaumont
pan
Page 9
Kyle Hayes
City Manager
ATTEST:
Air Liquide Large Industries US L.P
w
Page 10
Legal Description: 24.0000 Net Acre Tract or Parcel of Land
Pelham Humphrey Survey, Abstract No. 32
Jefferson County, Texas
BEING a 25.0000 acre gross tract or parcel of land situated in the Pelham Humphrey Survey, `Abstract No.
32, Jefferson County, Texas and being out of and part of that certain tract of land as described in a deed from
the Beaumont Pasture Company, to Wm. McFaddin, W.P.H. McFaddin, V. Wiess and W.W. Kyle as
recorded in Volume 11, Page 174, Deed Records, Jefferson County, Texas and also being out of and part of
that certain called 366,58 acre tract of land as described in a deed from W.P.H. McFaddin and wife, Ida
Caldwell McFaddin to W:P.H. McFaddin, W,P.H. McFaddin, Jr. and J.L.C. McFaddin, Trustees of the
McFaddin Trust as recorded in Volume 387, Page 208, Deed Records, Jefferson County, Texas, the same
,,that certain called 366.58 acre McFaddin-Wiess-Kyle Land Co. tract as shown on the Partition Map No. I of
the McFaddin-Wiess-Kyle Land Co. as in Volume 4, Page 198, Map Records, Jefferson County, Texas and
also being out of and part of that certain called 298.90 acre tract of land, identified as Tract 3, as recorded in
a "Special Warranty DeedB from Mary Kyle, et al. to Judy Waldo, et al. as recorded in Film Code No. 105-
20-0357, Official Public Records of Real Property, Jefferson County, Texas, and also being out of and part
of that certain called 60 acre tract of land as described in a "Special Warranty Deed" from Kyle White to
Mary Kyle as recorded in Clerk's File No. 2007030761, Official Public Records of Real Property, Jefferson
County, Texas, save and except that certain called one acre tract, identified as Second Tract, as described in
a deed from the McFaddin Wiess & Kyle Land Company to W,E. Brice as recorded in Volume 55, Page
222, Deed Records, Jefferson County, Texas, the same being that certain called 1.0 acre tract of land as
described in a "Deed without Warranty" from IPLLC Centennial Partnership, IPLLC Centennial Partnership
Il and Spindletop Renaissance, LP to EeGp Cordts, Jr. as recorded in Clerk's File No. 2008022302 and
Clerk's File No. 2008022303, Official Public Records of
Real Property, Jefferson County, Texas, therefore leaving 24.0000 acres net, said tract being more
particularly described as follows:
NOTE: All bearings are referenced to the Texas State Plane Coordinate System South
Central Zone NAD83(CORS). All distances and acreages shown are surface. All set 5/8"
iron rods set with a cap stamped "M. W. Whiteley & Associates".
BEGINNING at a 5/8" iron rod found for the most Northerly corner of the tract herein described, said corner
being the most Northerly corner of the said 366.58 acre McFaddin-Wiess-Kyle Land Co. tract, the most
Northerly comer of the said 60 acre Kyle tract and said corner also being in the Southwesterly rightof-way
line of a L.N.V.A. canal (formerly known as McFaddin Canal No. 3) and said corner being in the common
line between the said Pelham Humphrey Survey and the John A. Veatch Survey, Abstract No. 55, Jefferson
County, Texas and said corner also being in the Southeasterly line of Block 40 � of Spindletop Heights
Subdivision as recorded in Volume 1, Page 27, Map Records, Jefferson County, Texas and said Block 40
being abandoned by the Commissioner's Court of Jefferson County on March 19, 1953 and recorded in
Volume 890, Page 633, Deed Records, Jefferson County, Texas;
THENCE SOUTH 51 °3444" EAST, along and with the Southwesterly right-of-way line of the above
referenced L.N.V.A. canal and the Northeasterly line of the said 366.58 acre McFaddin-Wiess-Kyle Land
Co. tract and the Northeasterly line of the said 60 acre Kyle tract, for a distance of 242.54 feet to a 5/8" iron
rod set for comer, and from said corner a I 1' iron pipe found for the most Northerly comer of that certain
called 67.9106 acre tract, identified as Tract Two, as described in a "Special Warranty Deed" from Barco
Crushed Concrete, Inc. to Martin Operating Partnership L.P. as recorded in Clerk's File No. 2007001379,
Official Public Records of Real Property, Jefferson County, Texas bears SOUTH 51 034144" EAST a ! I
distance of 954.54 feet;
25.0000 Acre Tract
C •rttKc.�•af� _ .
.��:�1TIt`FF'� .iLrtlC�7tt -1'`t�� :�bSS(�f l�,I•'!.'h:5 C�1'�
THENCE SOUTH 41 056102" WEST, for a distance of200.38 feet to a 5/8'! iron rod set for corner;
THENCE SOUTH 02°4334" EAST, for a distance of 1350.05 feet to a 5/8" iron rod set for corner, said
being in the Southeasterly line of the said 60 acre Kyle tract;
THENCE SOUTH 42006146" WEST, along and with the Southeasterly line of the said Kyle tract,
passing at a distance of 180.85 feet a 5/8" iron rod set for reference and continuing for a total distance
of 432.00 feet to a point for corner (unable to set due to water);
THENCE NORTH 87°58 148" WEST, for a distance of 3 54.3 9 feet to a point for corner (unable to set due
to water);
THENCE NORTH 04°34' 19" WEST, for a distance of 126524 feet to a point for corner (unable to set due t(
water), said comer being in the Northwesterly line of the said 3 66.5 8 acre McFaddin-Wiess-Kyle Land _Cc
tract and the Northwesterly line of the said 60 acre Kyle tract and being in the common line between the saic
Pelham Humphrey Survey and the said John A. Veatch Survey, and said corner also being in the
Southeasterly line of Block 39 of the said Spindletop Heights Subdivision and said Block 39 being abandonec
by the Commissioner(s Court of Jefferson County on March 19, 1953 and recorded in Volume 890, Page 633
Deed Records, Jefferson County, Texas, and said corner bears NORTH 41 056102" EAST a distance o
1828.60 feet from a 3/4" iron rod found for the most Easterly corner of that certain called 47.3482 acre trac
of land as described in a "Special Warranty Deed with Vendor's Lien" from Sabine Gas Operating Compan]
to Coastal Caverns, Inc. as recorded in Clerk's File No. 2004031764, Official Public Records of Rea
Property, Jefferson County, Texas and an exterior ell corner of that certain called 15.7893 acre tract of land a
described in a "Special Warranty Deed" from PCS Phosphate Company, Inc. to Centana Intrastate Pipelin(
Company as recorded in Clerk's File No. 9519110, Official Public Records of Real Property, Jefferson
County, Texas;
THENCE NORTH 41 056102" EAST, for the boundary between the said Pelham Humphrey Survey and
the said John A. Veatch survey, the same being the Southeasterly line of former Blocks 39 and 40 of the
said Spindletop Heights Subdivision and also along and with the Northwesterly line of the said 298.90
acre Waldo, et al. tract, the same being the Northwesterly line of the said 3 66.5 8 acre McFaddin-Wiess-
Kyle Land Co. tact and the Northwesterly line of the said 60 acre Kyle tract, passing at a distance of
384.34 feet a 5/8" iron rod set for corner and continuing for a total distance of 934.34 feet to the POINT
OF BEGINNING and containing 25.0000 acres gross, more or less, save and except the above
referenced one acre W.E, Brice tract as recorded in Volume 55, Page 222, Deed Records, Jefferson
County, Texas, the same being that certain called 1.0 acre tract of land as described in a "Deed without
Warranty" from IPLLC Centennial Partnership, IPLLC Centennial Partnership Il and Spindletop
Renaissance, LP to
E.G. Cordts, Jr. as recorded in Clerk's File No, 2008022302 and Clerk's File No. 2008022303, Official
Public Records of Real Property, Jefferson County, Texas, therefore leaving 24.0000 acres net, more or less.
Surveyed on November 21, 2007. This legal description is being submitted along with a plat based on this
survey. -8
6 OF
Thomas S. Rowe, RPLS No. 5728
Wt,200707-MM-986TIU24acmD
25.0000 Acre Tract
Page 2 of 2
Legal Description: . I .000 Acre Tract or Parcel of Land
Pelham Humphrey Survey, Abstract No. 32
Jefferson County, Texas
BEING a 1,000 acre tract or parcel of land situated in the Pelham Humphrey Survey, Abstract
No, 32, -Jefferson County, Texas and being all of that certain called one acre tract, identified as
Second Tract, as described in a deed from the McFaddin Wiess & Kyle Land Company to W.E.
Brice as recorded in Volume 55, Page 222, Deed Records, Jefferson County, Texas, the same
being that certain called acre fract of land as described in a "Deed without Warranty" from IPLLC
Centennial Partnership, IPLLC Centennial Partnership Il and Spindletop Renaissance, LP to E.G.
Cordts, Jr. as recorded in Clerk's File No. 2008022302 and Clerk's File No. 2008022303, Official
Public Records of Real Property, Jefferson County, Texas, said 1.000 acre tract being more
particularly described as follows:
NOTE: All bearings are referenced to the Texas State Plane Coordinate System South
Central Zone NAD83(CORS). All distances and acreages shown are surface.
COMMENCING at a 5/8" iron rod found for the most Northerly corner of that certain called
366.58 acre McFaddin-Wiess-Kyle Land Co. tract as shown on the Partition Map No. 1 of the
McFaddinWiess-Kyle Land Co. as recorded in Volume 4, Page 198, Map Records, Jefferson
County, Texas and also being the most Northerly comer of that certain called 60 acre tract of land
as described in a "Special Warranty Deed" from 'Kyle White to Mary Kyle ag recorded in Clerk's
File No. 200703 076 1, Official Public Records of Real Property, Jefferson County, Texas and said
corner also being in the Southwesterly right-of-way line of a L.N.V.A. canal (formerly known as
McFaddin Canal No. 3) and said corner being in the common line between the said Pelham
Humphrey Survey and the John A, Veatch Survey, Abstract No. 55, Jefferson County, Texas and
said corner also being in the Southeasterly line of Block 40 of Spindletop Heights Subdivision as
recorded in Volume 1, Page 27, Map Records, Jefferson County, Texas and said Block 40 being
abandoned by the Commissioner's Court of Jefferson County on March 19, 1953 and recorded in
Volume 890, Page 633, Deed Records, Jefferson County, Texas;
THENCE SOUTH 41 ° 56'02'' WEST, for the boundary between the said Pelham Humphrey
Survey and the said John A. Veatch survey, the same being the Southeasterly line of former
Blocks 39 and 40 of the said Spindletop Heights Subdivision and also along and with the
Northwesterly line of the said 366.58 acre McFaddin-Wiess-Kyle Land Co. tract and the
Northwesterly line of the said 60 acre Kyle tract, for a distance of 703.40 to a point;
THENCE SOUTH 4800358" EAST, over and across the said 366.58 acre McFaddin-WiessKyle
Land Co. tract, and the said 60 acre Kyle tract, for a distance of 396.99 feet to a 5/8" iron rod
found for the most Northerly corner and the POINT OF BEGINNING of the tract herein
described;
THENCE SOUTH 30°03158" EAST, continuing for the boundary between the tract herein
described and the said 60 acre Kyle tract, for a distance of 208.71 feet to a 5/8" iron rod found for
comer;
1.000 Acre Tract
Pelof2
THENCE SOUTH 41 °56102" WEST, continuing for the boundary between the tract herein
described and the said 60 acre Kyle tract, for a distance of 219.47 feet to a 5/8" iron rod found for
corner;
THENCE NORTH 30°0358" WEST, continuing for the boundary between the tract herein
described and the said 60 acre Kyle tract, for a distance of 208.71 feet to a 5/8" iron rod found for
corner;
THENCE NORTH 41 056102" EAST, continuing for the boundary between the tract herein
described and the said 60 acre Kyle tract, for a distance of 219.47 feet to the POINT OF
BEGINNING and containing 1.000 ACRES, more or less.
Surveyed on November 21, 2007. This legal description is being submitted along with a plat
based on this survey.
Thomas S. Rowe, RPLS No. 5728
//.JCO
.cf.Q• .
•-2.1K.Q .9
1.000 Acre Tract
Pa e20f2
THE STATE OF TEXAS
COUNTY OF JEFFERSON
AGREEMENT
This Agreement is made under the authority of §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
Natgasoline, LLC, a Texas limited liability company and a wholly-owned subsidiary of OCI
N.V., hereinafter called "Company."
PREAMBLE
WHEREAS, City has established an industrial district comprising a certain part of the
extra -territorial jurisdiction of City, such industrial district being known as City of Beaumont
Industrial District (the "District")
WHEREAS, Company and/or its Affiliates (as hereinafter defined) owns and/or leases
land and improvements which are part of the manufacturing and industrial facilities of
Company and/or its Affiliates located within District, such land and improvements being
more particularly described in Exhibit "A" attached hereto (the" Property")
WHEREAS, 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 City and benefits derived by Company by reason of being located immediately
adjacent to City.
WHEREAS, Company and City desire to base the industrial district payment on
assessed value to ensure equity among the companies.
WHEREAS, City desires to encourage the addition of new improvements to the
Page 1
EXHIBIT "B"
Company's property located within the City of Beaumont Industrial District.
In view of the above and foregoing reasons, and in consideration of the mutual
agreements herein contained, Company and City hereby agree as follows:
ARTICLE L
COMPANY'S OBLIGATION
1. The Company will receive 100% tax abatement for payments due in the years
of 2016 through 2025, on all new construction and improvements to existing land herein
described property. This abatement does not include the value of the existing property
described in Exhibit "A." The Company shall be responsible for the payment of ad valorem
taxes based upon the existing value of the property and improvements currently existing in
Exhibit "A" as determined by the Jefferson County Appraisal District. The Company shall
notify City in writing at least thirty (30) days prior to the date any construction that will be
subject to abatement is scheduled to commence
2. Company will make an annual payment to City on or before February 1 "of
each such year computed based on 100% of the Assessed Value of the Company's existing
real property covered by this Agreement (herein 'the property") as provided herein (the
"Annual Payment"). Upon expiration of the abatement period, the Annual Payment shall
include all property covered by this Agreement.
3. "Assessed Value" means the 100% valuation of existing Company property as
determined by the Jefferson County Appraisal District for the previous tax year.
4. "Assumed City Taxes Due" means the number obtained by the following
formula:
Assessed Value Less Improvement Value Subject to Abatement/100 x
Current City Tax Rate = Assumed City Tax Due
Page 2
5. In October of each year the Finance Officer for City shall obtain the most
recent Assessed Value as set by the Jefferson County Tax Appraisal District and such
Valuation shall be used for the Annual Payment due the following February; by way of
example, October 2013 Assessed Values would be used for the February 1, 2014 payment.
If the assessed values 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 question and an adjustment for the payment, without interest, will be
made within thirty (30) days following such resolution.
6. Payments for each year of the agreement shall be equal to 100% of the
Assumed City Taxes Due, as defined above, on real property during the tax years of
abatement, 2015 thru 2024 (Fiscal years 2016 through 2025).
City shall bill Company for payments due hereunder on or before January 1 each year.
Company shall pay to City the amount billed on or before February 1 each year, Upon
receiving the final payment, the Finance 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 payment
is not made on or before any due date, the same penalties, interest, attorneys' fees and
costs of collection shall be recoverable by City as would be collectible jn the case of
delinquent ad valorem taxes. Further, if payment is not timely made, all payments which
otherwise would have been paid to City had Company been in the city limits of City will be
recaptured and paid to City within 60 days of any such event.
ARTICLE II.
PROPERTY COVERED BY AGREEMENT
Page 3
This Agreement will reflect the intention of the parties hereto that this Agreement
shall govern and affect the properties of Company and/or its Affiliates (facilities, real,
personal, and mixed) located on the Property more particularly described in Exhibit "A,"
which are within the extra -territorial jurisdiction of the City of Beaumont, "Affiliates" shall
mean any entity owned entirely or in part by Company.
ARTICLE III.
SALE BY COMPANY
(a) Company shall notify City of any sale of any or all of Company's facilities to any
person or entity. It is the intent of the parties that no sale of any of Company's facilities will
affect the amount to be paid to City as provided under this Agreement. Accordingly, and as
to payments due under this Agreement, no such sale shall reduce the amount due City under
this Agreement until the purchaser of such facility has entered into a contract in lieu of taxes
with City that provides for a continuation of like payments to City.
(b) Company shall have the right to assign, transfer or convey all, or any part of,
its rights, title and interest in the 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 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 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.
Page 4
0
ARTICLE IV.
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 jaw 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 becomes final with respect to the property so annexed, but shall nevertheless be
obligated to make full payment for the year during which such annexation becomes
effective if the annexation becomes effective after January 1st 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 costs of such action being borne equally by the
City and by the said Company or companies with 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
Page 5
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, 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.
AQriri G v
TERMINATION FOR BREACH
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 shall be entitled to enjoin the enactment or enforcement of any
ordinance or charter amendment in violation of, or in conflict with, the terms of this
Agreement and shall be entitled to 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, 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 VI.
Arch IAT9:C
The benefits accruing to Company under this Agreement shall also extend to
Company's "parent," "affiliates" and to any properties owned or acquired by said parent and
affiliates within the area described in Exhibit "A" to this Agreement, and where reference is
made herein to land, property and improvements owned by Company, that shall also include
Page 6
land, property and improvements owned by its parent and/or 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. The word "parent" as used herein shall mean all
companies which directly or indirectly, through one or more intermediaries at the time in
question, owns or has the power to exercise control over fifty percent (50%) of the stock
having the right to vote for the election of directors of Company.
2025.
ARTICLE VII.
TERM OF AGREEMENT
The term of this Agreement shall be for te-4 eleven years, expiring December 31,
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 of Beaumont
Attn: City Manager
801 Main Street
Beaumont, Texas 77704
TO COMPANY
Natgasoline LLC
PO Box 2008
Nederland, TX 77627
IN WITNESS THEREOF, this Agreement, consisting of 9 pages plus Exhibit "A" is
executed in duplicate counterparts as of this 19th day of January, 2019.
Page 7
ATTEST:
Tina Broussard
City Clerk
ATTEST:
City of Beaumont
Kyle Hayes
City Manager
Natgasoline, LLC.
Page 8
EXHIBIT "A"
The proposed project is to construct a new Chemical Plant. The ability to construct
this plant will enable Company to increase its productivity and marketing ability. The
facility would be constructed on approximately 514 acres of land (the defined
boundary of the OCI Reinvestment Zone is attached).
Significant components of the facility will include:
The project provides for the design and construction of one (1) methanol unit and
one (1) methanol to gasoline unit (MtG), related utility, infrastructure and logistics
improvements.
The proposed investment (or construction) for which the tax limitation is sought will
include one (1) methanol unit and one (1) methanol to gasoline unit (MtG), along
with all process auxiliaries including but not limited to packaged systems, blowers
and fans, furnaces, heat exchangers, electrical heaters, , rotary valves, vessels,
reactors, scales, trolleys and hoists pipe ways, utility service lines, raw material
pipelines, storage tanks, compressors, drums,. heat exchangers, pumps, filters
piping, insulation, electrical switchgear, transformers, instrumentation equipment,
equipment and structural foundations and supports, control equipment and
facilities, warehouses, raw material and utility distribution improvements, flare,
shipping facility improvements, inter -plant piping, other chemical processing
equipment, modifications, tie-ins, upgrades and revamps to existing facilities, air
compressors, electrical sub -stations, road improvements, utilities (including all
lines), flares, tankage, pipe connections, cooling towers, waste water units, control,
administration and other plant buildings, water and sewer treatment facilities, fire
prevention and safety equipment, any other tangible personal property utilized in
the process, storage, quality control, shipping, waste management and general
operation of the methanol and MtG units and any other infrastructure additions,
upgrades and modifications related to the methanol unit,
The qualified investment and qualified property will also include any other necessary
equipment to construct a fully functioning manufacturing plant.
Page 9
F
BEAUMONT
TEXAS
TO: City Council
FROM: - Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director
MEETING DATE: January 15, 2019
REQUESTED ACTION: Council consider a resolution authorizing the granting of four (4)
Utility Crossing Agreements outside the City of Beaumont.
BACKGROUND
ExxonMobil Oil Corporation has requested permission to install four (4) 10.75" pipelines to
transport light cycle oil. The 10.75" pipeline will cross an existing 6" water line and an 8" gravity
sewer line along Spindletop Road however; there are no city improvements along Sulphur Drive
and Amoco Road. The pipelines will be constructed in accordance with City requirements.
There is a one-time fee of $500 for each Pipeline License Agreement.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to grant four (4) Utility Crossing
Agreements to ExxonMobil Oil Corporation, substantially in the form attached hereto as
Exhibit 'A," to install a ten and three quarter inch (10.75") pipeline which is intended to
transport light cycle oil. This pipeline will cross one (1) six inch (6") water line and one
(1) eight inch (8") gravity sewer line located along Spindletop Road. Said pipeline is to
be constructed in compliance with City requirements.
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 15th day of
January, 2019.
- Mayor Becky Ames -
APPLICATION FOR
UTILITY CROSSING AGREEMENT
OUTSIDE THE CORPORATE LIMITS OF
THE CITY OF BEAUMONT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
Business Name:.- -ExxonMobil Oil Corporation Business Phone: ( 601) 672-9376
Business Address: 22777 Springwood Village Parkway, Spring, Texas 77399
The City of Beaumontohereinafter called "City", for and in consideration ,of the
sum specified herein $500.00 application fee plus $409.50 (182 linear feet for a total of
$909.50 hereby grants to ExxonMobil Oil Corporation hereinafter called "Licensee", the
license to lay, maintain, operate, replace, or remove a pipeline for the transportation of Oil,
gas, water, or light cycle Oil products, on or across the following City easement and/or
property situated outside the City of Beaumont, Jefferson County, Texas, but being within
our Extra -Territorial Jurisdiction (ETJ) and/or Certificate of Convenience and Necessity
(CCN) and being more particularly described in Exhibit "A" attached hereto and made a
part hereof for all purposes.
Nearest Street Distance to Easement Length ,(Linear Foot) of Crossing
Sulphur Drive 182 linear foot
1
EXHIBIT "A"
0
51
COST OF LICENSE:
Licensee shall make payment to the City of Beaumont as follows:
License Agreement fee - $500.00
Annual fee of $2.25 per linear foot of pipeline located within City property.
Said fee shall be reset on January 31, 2011 and shall be reset every ten (10)
years, thereafter, to a level to be determined by the City Council or their
delegated representative.
All fees, including the first annual fee for linear foot usage shall be made to the
Water Utilities Department and payable to the City of Beaumont prior to
construction.
This license is granted by the City of Beaumont subject to conditions. Failure to comply
with the following may result in termination of agreement (see page 8).
GENERAL CONDITIONS:
Licensee does not intend to sell product for resale from the covered pipeline
to customers located within the City; however, Licensee recognizes that
should it sell product for resale from this covered pipeline to customers
within the City, it will be required to report such distribution and when
lawfully required to do so, pay a street rental fee based on revenues. The
annual fee and the regulations controlling the payment of such fee will be
those as lawfully established by the ordinances of the City.
All pipelines crossing City of Beaumont utility easements, water or sanitary
sewer easements shall be bored from easement line to easement line. Within
these limits, the pipeline shall be protected by casing or other method
approved by the City Water Utilities Department.
The pipeline shall be constructed in such a manner as approved by the City
so as it does not interfere with the use of the City property.
The pipeline shall be installed a minimum of three (3) feet below ground
and a minimum of five (5) feet below the lowest existing or proposed ditch
grades, waterlines, sanitary sewer lines or storm drainage lines, unless
otherwise authorized by the City. Such grades and lines shall be indicated
on map submittal, as well as depth of proposed pipeline (see page 3).
2
The construction and operation of the pipeline shall not interfere with the
natural drainage in that area nor with the drainage system of the City, nor
with sanitary sewer lines, waterlines, or other utilities.
Damage to existing ditch grade during construction or maintenance of the
pipeline shall be corrected and the ditch grade shall be restored to the
condition and grade at which it existed prior to construction or maintenance.
Bore pits shall be backfilled according to City standards.
Excavations necessary for the construction, repair, or maintenance of the
pipeline shall be performed in such a manner that will cause minimal
inconvenience to the public. Licensee shall promptly restore the area to as
good a condition as before working thereon and to the reasonable
satisfaction of the City's Water Utilities Department.
Operations along easements shall be performed in such a manner that all
property where operations are performed will be restored to original
condition or better. No equipment or installation procedures will be used
which will damage any structures. The cost of any repairs to structures,
sanitary sewer lines, water lines or other easement features as a result of this
installation will be borne by the owner of this line.
Any construction which takes place in, on, under, above, or across property
not owned by the City shall require additional permission by the owner(s) of
the property involved. Written proof of said permission is to be provided to
the City as part of the application process. Approval of this license
agreement excludes permission to do any construction on property which is
not owned by the City of Beaumont.
• Any licenses, permits or agreements required by another governmental
entity (County, State or Federal) to adjoining property shall be obtained and
a copy of such document shall be provided to the City.
• Licensee shall be responsible for acquiring all agreements necessary for the
lawful use of any private property.
• A map showing the location of the proposed pipeline shall be provided.
• The pipeline shall be maintained and operated in such a manner as not to
leak and/or cause damage to the City property. Once the pipeline is in
operation, any damage that occurs to the pipeline which results in exposure
or release of product must be reported immediately to the City Fire
Department and Water Utilities Department. Licensee shall fully
cooperate with the Fire Department and provide, or assist with providing,
any and all necessary notifications, evacuations or other necessary actions.
Leaks or other defects are to be repaired immediately by Licensee at it's
own cost.
• The Licensee shall be responsible for the cleanup and remediation of
contaminated areas due to exposure or release of product and any and all
costs associated with said cleanup and remediation.
• The Licensee shall be responsible for any and all costs associated with the
relocation of the pipeline. As provided, the necessity for relocation of the
pipeline shall be solely within the discretion of City.
• Installation will be done in accordance with all City standards and statutes
of the State of Texas.
REQUIRED COVERAGE:
• Licensee shall furnish the City with a Certificate of Standard Liability
Insurance, including bodily injuries and property damage, naming the City
of Beaumont as an Additional Insured. Such policy shall provide for the
following minimum coverage:
• Bodily injuries: $ 300,000.00 per person
$1,000,000.00 per incident
• Property Damage: $1,0001000.00
Such. insurance shall be maintained in force and effect during the
construction or required maintenance of the pipeline and during the life of
the pipeline.
J
Such certificate shall contain a provision that at least fifteen (15) days
written notice must be given to the City prior to cancellation, alteration, or
modification of such insurance.
• Licensee shall have in force with the City a surety bond in the principal
amount of $1,000,000.00. The bond shall be payable to the City of
Beaumont for the use and benefit of any person entitled thereto and
conditioned that the principal and surety will pay all damages to any person
caused by, or arising from, or growing out of any violation of the terms of
this agreement. The bond shall provide that it may not be cancelled, altered,
or otherwise modified without giving fifteen (15) days prior written notice
to the City. The bond shall be good and in effect for a period of one (1)
year from the date of completion of construction of the pipeline.
4
Licensee shall indemnify, save and hold harmless the City of Beaumont
from any and all claims for injuries and damages to persons or property
occasioned by or arising out of the construction, maintenance, operation,
repair or removal of the pipeline. This indemnity expressly extends to
claims alleging negligence by the City of Beaumont, its agents, officers or
employees, arising from actions taken or occurrences under this license
agreement.
If the pipeline or any' part thereof installed by Licensee shall be in any
respect damaged or injured by City or any of its agents or employees in
connection with the performance of any work or repairs that may be done
upon the property mentioned herein:
Licensee shall not be entitled to prosecute or maintain a claim against the City of
Beaumont for any such damage or injuries so sustained by it; however, said
conditions shall not prevent Licensee from recovering against any contractor
who shall damage Licensee's property in the course of such contractor's
performance of any contract with the City.
OTHER CONSTRUCTION/MAINTENANCE WITHIN PROPERTY:
City will use its best efforts to notify Licensee of any proposed construction
and/or maintenance, to be done by City forces or by contract for the City,
within the property involved with this license.
Notification, to Licensee, of other construction and/or maintenance
permitted by the City and within the property involved with this license will
be the responsibility of the company obtaining said permit.
Licensee shall mark the location of its lines within forty-eight (48) hours
after receipt of such notification of proposed construction.
Licensee shall maintain a local, or toll free, telephone number to be called
for notification of construction or maintenance and for location of lines.
Such number, or charges to such number, will be provided to the City
(Water Utilities Department) and kept current at all times. This number
shall be provided to entities permitted to construct, maintain or excavate
within this City property and which are required to provide notification of
such work. When information has been relayed to Licensee, through the
phone number provided, such contact shall constitute notification for
Licensee to provide location of its lines. Failure, by Licensee, to respond
within the required time frame shall alleviate the responsibility of the
person(s) requiring the lines to be relocated.
City reserves the right to lay, and to permit to be laid, sewer, gas, water and
other pipes and cables, and to do or permit to be done any underground
work that may be deemed to be necessary or proper by City in, across,
along, or under the property. In doing or permitting any such work, the City
of Beaumont shall not be liable to Licensee for any damage occasioned; it
being understood that nothing herein shall be construed as foreclosing
Licensee's rights to recover damages against any contractor or third party
who may be responsible for damages to Licensee's facilities.
Whenever by reason of the change in the grade of the property occupied by
Licensees' pipeline, or by reason of the location or manner of constructing
drainage structures, water pipes, gas pipes, sewers, or other underground
construction for any purpose whatever, it shall be deemed necessary by
City to relocate, alter, encase, change, adopt or conform the pipeline of
Licensee thereto, such change shall be made promptly by Licensee at its
cost and without claim for reimbursement or damages against City. If the
change is demanded by the City for the benefit of any other person or
private corporation, except the City, Licensee shall be reimbursed fully by
the person or corporation desiring or occasioning such change for any
expense arising out of such change; Licensee will, upon notice from the
City, make such change immediately and at its own cost; it being
understood that City will not participate in any part of the cost of any
change involving relocation, altering, encasing, boring, or changing in any
manner of the pipeline where same is within City property.
NOTIFICATION/INSPECTION:
Any and all work to be performed on City property shall be observed and
inspected by a City representative. Any work to be performed within the
City limits will be subject to periodic inspection to ensure compliance with
construction standards.
Licensee shall provide the City (Water Utilities Department) forty-eight (48)
hours prior to the installation of the lines permitted by this license. A
representative will be scheduled to be present. The expense of such
inspection services may be billed to the Licensee and such amounts will be
reimbursed to the City.
Licensee shall notify the Water Utilities Department at least forty-eight (48)
hours prior to completion of work and removal of equipment from the job
site to permit the City to make an inspection.
SPECIAL CONDITIONS:
Nonassignable
This license is personal to the Licensee. It is nonassignable and any attempt to assign this
license will terminate the license privileges granted to Licensee hereunder.
Termination
This agreement is subject to termination by the City if any condition specified herein is not
met. This agreement may also be terminated by the Licensee. Either party attempting to
terminate this agreement shallgive written notice to the other specifying the date of, and
the reason for, termination. Such notice shall be given not less than thirty (30) days prior
to the termination date therein specified. Any written notice may be effected either by
personal delivery or by registered or certified mail, postage prepaid with return receipt
requested. Mail notices shall be addressed to the addresses of the parties as follows:
City of Beaumont ExxonMobil Oil Corporation
P.O. Box 3827 22777 Springwood Village Parkway
Beaumont, Texas 77704 Spring, Texas 77399
Attn: City Manager Attn: Matthew Horneman
Upon cancellation, the pipeline shall be removed and property restored to a condition
acceptable to the Water Utilities Director. In the event of cancellation, any and all monies
collected for fees associated with this agreement will remain the property of the City.
There will be no reimbursements.
7
Commencement of work on the pipeline by Licensee after the date of this fully executed
license shall be construed as evidence of Licensee's acceptance and approval of the
conditions above set forth.
IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents
to be signed by its City Manager and the seal of the City to be herewith affixed by the City
Clerk, this day of , A.D. 20
CITY OF BEAUMONT, TEXAS
LO -A
ATTEST:
City Clerk
Kyle Hayes, City Manager
APPLICANT'S COMPANY NAME:
(Licensee)
ExxonMobil Oil Corporation
Represented by:
Matthew Horneman
Agent and Attorney in Fact
Title
AT"Secretary
By:
JEFFERSON COUNTY, TEXAS !� `VIEf1�1T�Y-WASP
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PRODUCT: LIGHT CYCLE OIL
CROSSING PIPE: 10.75" O.D. X 0.469° W.T., API 5L, PSL 2,
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RELFABED FOR TN6 PUIa'08P OP PERADTTNG ONLY AND ARE NOTTO BE USED FOR
CONBTRUCTION.
1. CROSSING PIPE SHALL EXTEND TO RIGHT-OF-WAY LIMITS.
2. REVIEW CROSSING AGREEMENT FOR ADDITIONAL REQUIREMENTS
3. PROPOSED PIPELINE WILL MAINTAIN MINIMUM 2' CLEARANCE FROM
UfILTT1ES AND FOREIGN PIPELINES.
4. COORDINATE SYSTEM: NAD83 TEXAS STATE PLANE, SOUTH CENTRAL
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24245 1 BMT-N2-IVIRI6-UP-HID-0001 1 OF 1
APPLICATION FOR
UTILITY CROSSING AGREEMENT
OUTSIDE THE CORPORATE LIMITS OF
THE CITY OF BEAUMONT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
Business Name: ExxonMobil Oil Corporation Business Phone: ( 601) 672-9376
Business Address: 22777 Springwood Village Parkway, Spring, Texas 77399
The City of Beaumont, hereinafter called "City", for and in consideration of the
sum specified herein $500.00 application fee plus $90.00 (40 linear feet for a total of
$590.00 hereby grants to ExxonMobil Oil Corporation hereinafter called "Licensee", the
license to lay, maintain, operate, replace, or remove a pipeline for the transportation of Oil,
gas, water, or light cycle Oil products, on or across the following City easement and/or
property situated outside the City of Beaumont, Jefferson County, Texas, but being within
our Extra -Territorial Jurisdiction (ETJ) and/or Certificate of Convenience and Necessity
(CCN) and being more particularly described in Exhibit "A" attached hereto and made a
part hereof for all purposes.
Nearest Street Distance to Easement Length (Linear Foot) of Crossing
Amoco Road 40 linear foot
1
COST OF LICENSE:
Licensee shall make payment to the City of Beaumont as follows:
License Agreement fee - $500.00
Annual fee of $2.25 per linear foot of pipeline located within City property.
Said fee shall be reset on January 31, 2011 and shall be reset every ten (10)
years, thereafter, to a level to be determined by the City Council or their
delegated representative.
All fees, including the first annual fee for linear foot usage shall be made to the
Water Utilities Department and payable to the City of Beaumont prior to
construction.
This license is granted by the City of Beaumont subject to conditions. Failure to comply
with the following may result in termination of agreement (see page 8).
GENERAL CONDITIONS:
Licensee does not intend to sell product for resale from the covered pipeline
to customers located within the City; however, Licensee recognizes that
should it sell product for resale from this covered pipeline to customers
within the City, it will be required to report such distribution and when
lawfully required to do so, pay a street rental fee based on revenues. The
annual fee and the regulations, controlling the payment of such fee will be
those as lawfully established by the ordinances of the City.
All pipelines crossing City of Beaumont utility easements, water or sanitary
sewer easements shall be bored from easement line to easement line. Within
these limits, the pipeline shall be protected by casing or other method
approved by the City Water Utilities Department.
• The pipelineshall be constructed in such a manner as approved by the City
so as it does not interfere with the use of the City property.
• The pipeline shall be installed a minimum of three (3) feet below ground
and a minimum of five (5) feet below the lowest existing or proposed ditch
grades, waterlines, sanitary sewer lines or storm drainage lines, unless
otherwise authorized by the City. Such grades and lines shall be indicated
on map submittal, as well as depth of proposed pipeline (see page 3).
2
The construction and operation of the pipeline shall not interfere with the
natural drainage in that area nor with the drainage system of the City, nor
with sanitary sewer lines, waterlines, or other utilities.
Damage to existing ditch grade during construction or maintenance of the
pipeline shall be corrected and. the ditch grade shall be restored to the
condition and grade at which it existed prior to construction or maintenance.
Bore pits shall be backfilled according to City standards.
Excavations necessary for the construction, repair, or maintenance of the
pipeline shall be performed in such a manner that will cause minimal
inconvenience to the public. Licensee shall promptly restore the area to as
good a condition as before working thereon and to the reasonable
satisfaction of the City's Water Utilities Department.
Operations along easements shall be performed in such a manner that all
property where operations are performed will be restored to original
condition or better. No equipment or installation procedures will be used
which will damage any structures. The cost of any repairs to structures,
sanitary sewer lines, water lines or other easement features as a result of this
installation will be borne by the owner of this line.
Any construction which takes place in, on, under, above, or across property
not owned by the City shall require additional permission by the owner(s) of
the property involved. Written proof of said permission is to be provided to
the City as part of the application process. Approval of this license
agreement excludes permission to do any construction on property which is
not owned by the City of Beaumont.
• Any licenses, permits or agreements required by another governmental
entity (County, State or Federal) to adjoining property shall be obtained and
a copy of such document shall be provided to the City.
• Licensee shall be responsible for acquiring all agreements necessary for the
lawful use of any private property.
• A map showing the location of the proposed pipeline shall be provided.
• The pipeline shall be maintained and operated in such a manner as not to
leak and/or cause damage to the City property. Once the pipeline is in
operation, any damage that occurs to the pipeline which results in exposure
or release of product must be reported immediately to the City Fire
Department and Water Utilities Department. Licensee shall fully
cooperate with the Fire Department and provide, or assist with providing,
any and all necessary notifications, evacuations or other necessary actions.
Leaks or other defects are to be repaired immediately by Licensee at it's
own cost.
The Licensee shall be responsible for the cleanup and remediation of
contaminated areas due to exposure or release of product and any and all .
costs associated with said cleanup and remediation.
The Licensee shall be responsible for any and all costs associated with the
relocation of the pipeline. As provided, the necessity for relocation of the
pipeline shall be solely within the discretion of City.
Installation will be done in accordance with all City standards and statutes
of the State of Texas.
REQUERED COVERAGE:
Licensee shall furnish the City with a Certificate of Standard Liability
Insurance, including bodily injuries and property damage, naming the City
of Beaumont as an Additional Insured. Such policy shall provide for the
following minimum coverage:
Bodily injuries: $ 300,000.00 per person
$1,000,000.00 per incident
Property Damage: $1,000,000.00
Such insurance shall be maintained in force and effect during the
construction or required maintenance of the pipeline and during the life of
the pipeline.
Such certificate shall contain a provision that at least fifteen (15) days
written notice must be given to the City prior to cancellation, alteration, or
modification of such insurance.
Licensee shall have in force with the City a surety bond in the principal
amount of $1,000,000.00. The bond shall be payable to the City of
Beaumont for the use and benefit of any person entitled thereto and
conditioned that the principal and surety will pay all damages to any person
caused by, or arising from, or growing out of any violation of the terms of
this agreement. The bond shall provide that it may not be cancelled, altered,
or otherwise modified without giving fifteen (15) days prior written notice
to the City. The bond shall be good and in effect for a period of one (1)
year from the date of completion of construction of the pipeline.
4
• Licensee shall indemnify, save and hold harmless the City of Beaumont
from any and all claims for injuries and damages to persons or property
occasioned by or arising out of the construction, maintenance, operation,
repair or removal of the pipeline. This indemnity expressly extends to
claims alleging negligence by the City of Beaumont, its agents, officers or
employees, arising from actions taken or occurrences under this license
agreement.
• If the pipeline or any part thereof installed by Licensee shall be in any
respect damaged or injured by City or any of its agents or employees in
connection with the performance of any work or repairs that may be done
upon the property mentioned herein:
Licensee shall. not be entitled to prosecute or maintain a claim against the City of
Beaumont for any such damage or injuries so sustained by it; however, said
conditions shall not prevent Licensee from recovering against any contractor
who shall damage Licensee's property in the course of such contractor's
performance of any contract with the City.
OTHER CONSTRUCTION/MAINTENANCE WITHIN PROPERTY:
• City will use its best efforts to notify Licensee of any proposed construction
and/or maintenance, to be done by City forces or by contract for the City,
within the property involved with this license.
Notification, to Licensee, of other construction and/or maintenance
permitted by the City and within the property involved with this license will
be the responsibility of the company obtaining said permit.
Licensee shall mark the location of its lines within forty-eight (48) hours
after receipt of such notification of proposed construction.
Licensee shall maintain a local, or toll free, telephone number to be called
for notification of construction or maintenance and for location of lines.
Such number, or charges to such number, will be provided to the City
(Water Utilities Department) and kept current at all times. This number
shall be provided to entities permitted to construct, maintain or excavate
within this City property and which are required to provide notification of
such work. When information has been relayed to Licensee, through the
phone number provided, such contact shall constitute notification. for
Licensee to provide location of its lines. Failure, by Licensee, to respond
within the required time frame shall alleviate the responsibility of the
person(s) requiring the lines to be relocated.
61
City reserves the right to lay, and to permit to be laid, sewer, gas, water and
other pipes and cables, and to do or permit to be done any underground
work that may be deemed to be necessary or proper by City in, across,
along, or under the property. In doing or permitting any such work, the City
of Beaumont shall not be liable to Licensee . for any damage occasioned; it
being understood that nothing herein shall be construed as foreclosing
Licensee's rights to recover damages against any contractor or third party
who may be responsible for damages to Licensee's facilities.
Whenever by reason of the change in the grade of the property occupied by
Licensees' pipeline, or by reason of the location or manner of constructing
drainage structures, water pipes, gas pipes, sewers, or other underground
construction for any purpose whatever, it shall be deemed necessary by
City to relocate, alter, encase, change, adopt or conform the pipeline of
Licensee thereto, such change shall be made promptly by Licensee at its
cost and without claim for reimbursement or damages against City. If the
change is demanded by the City for the benefit of any other person or
private corporation, except the City, Licensee shall be reimbursed fully by
the person or, corporation desiring or occasioning such change for any
expense arising out of such change; Licensee will, upon notice from the
City, make such change immediately and at its own cost; it being
understood that City will not participate in any part of the cost of any
change involving relocation, altering, encasing, boring, or changing in any
manner of the pipeline where same is within City property.
NOTIFICATION/INSPECTION:
Any and all work to be performed on City property shall be observed and
inspected by a City representative. Any work to be performed within the
City limits will be subject to periodic inspection to ensure compliance with
construction standards.
Licensee shall provide the City (Water Utilities Department) forty-eight (48)
hours prior to the installation of the lines permitted by this license. A
representative will be scheduled to be present. The expense of such
inspection services may be billed to the Licensee and such amounts will be
reimbursed to the City.
Licensee shall notify the Water Utilities Department at least forty-eight (48)
hours prior to completion of work and removal of equipment from the job
site to permit the City to make an inspection.
D
SPECIAL CONDITIONS:
Nonassignable
This license is personal to the Licensee. It is nonassignable and any attempt to assign this
license will terminate the license privileges granted to Licensee hereunder.
Termination
This agreement is subject to termination by the City if any condition specified herein is not
met. This agreement may also be terminated by the Licensee. Either parry attempting to
terminate this agreement shall give written notice to the other specifying the date of, and
the reason for, termination. Such notice shall be given not less than thirty (30) days prior
to the termination date therein specified. Any written notice may be effected either by
personal delivery or by registered or certified mail, postage prepaid with return receipt
requested. Mail notices shall be addressed to the addresses of the parties as follows:
City of Beaumont ExxonMobil Oil Corporation
P.O. Box 3827 22777 Springwood Village Parkway
Beaumont, Texas 77704 Spring, Texas 77399
Attn: City Manager Attn: Matthew Horneman
Upon cancellation, the pipeline shall be removed and property restored to a condition
acceptable to the Water Utilities Director. In,the event of cancellation, any and all monies
collected for fees associated with this agreement will remain the property of the City.
There will be no reimbursements.
7
Commencement of work on the pipeline by Licensee after the date of this fully executed
license shall be construed as evidence of Licensee's acceptance and approval of the
conditions above set forth.
IN WITNESS VVHEREOF, the City of Beaumont, Texas, has caused these presents
to be signed by its City Manager and the seal of the City to be herewith affixed by the City
Clerk, this day of . A.D. 20
CITY OF BEAUMONT, TEXAS
Kyle Hayes, City Manager
ATTEST:
City Clerk
APPLICANT'S COMPANY NAME:
(Licensee)
ExxonMobil Oil Corporation
Represented by:
Matthew Horneman
Agent and Attorney in Fact
Title
ATTES
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BY:
JEFFERSON COUNTY TEXAS r rc1N TFXMA' T s� e
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caHsrnDcrroN.
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'
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BMT-N2-MR16-UP-HD-0003 1 0171
APPLICATION FOR
UTILITY CROSSING AGREEMENT
OUTSIDE THE CORPORATE LIMITS OF
THE CITY OF BEAUMONT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
Business Name: ExxonMobil Oil Corporation Business Phone: ( 601) 672-9376
Business Address: 22777 Springwood Village Parkway, Spring, Texas 77399
The City of Beaumont, hereinafter called "City", for and in consideration of the
sum specified herein $500.00 -application fee plus $92.25 (41 linear feet for a total of
$592.25 hereby grants to ExxonMobil Oil Corporation hereinafter called "Licensee", the
license to lay, maintain, operate, replace, or remove a pipeline for the transportation of Oil,
gas, water, or light cycle Oil products, on or across the following City easement and/or
property situated outside the City of Beaumont, Jefferson County, Texas, but being within
our Extra -Territorial Jurisdiction (ETJ) and/or Certificate of Convenience and Necessity
(CCN) and being more particularly described in Exhibit "A" attached hereto and made a
part hereof for all purposes.
Nearest Street Distance to Easement Length (Linear Foot) of Crossing
Amoco Road .41 linear foot
1
COST OF LICENSE:
Licensee shall make payment to the City of Beaumont as follows:
License Agreement fee - $500.00
Annual fee of $2.25 per linear foot of pipeline located within City property.
Said fee shall be reset on January 31, 2011 and shall be reset every ten (10)
years, thereafter, to a level to be determined by the City Council or their
delegated representative.
All fees, including the first annual fee for linear foot usage shall be made to the
Water Utilities Department and payable to the City of Beaumont prior to
construction.
This license is granted by the City of Beaumont subject to conditions. Failure to comply
with the following may result in termination of agreement (see page 8).
GENERAL CONDITIONS:
Licensee does not intend to sell product for resale from the covered pipeline
to customers located within the City; however, Licensee recognizes that
should it sell product for resale from this covered pipeline to customers
within the City, it will be required to report such distribution and when
lawfully required to do so, pay a street rental fee based on revenues. The
annual fee and the regulations controlling the payment of such fee will be
those as lawfully established by the ordinances of the City.
• All pipelines crossing City of Beaumont utility easements, water or sanitary
sewer easements shall be bored from easement line to easement line. Within
these limits, the pipeline shall be protected. by casing or other method
approved by the City Water Utilities Department.
• The pipeline shall be constructed in such a manner as approved by the City
so as it does not interfere with the use of the City property.
• The pipeline shall be installed a minimum of three (3) feet below ground
and a minimum of five (5) feet below the lowest existing or proposed ditch
grades, waterlines, sanitary sewer lines or storm drainage lines, unless
otherwise authorized by the City. Such grades and lines shall be indicated
on map submittal, as well as depth of proposed pipeline (see page 3).
2
The construction and operation of the pipeline shall not interfere with the
natural drainage in that area nor with the drainage system of the City, nor
with sanitary sewer lines, waterlines, or other utilities.
Damage to existing ditch grade during construction or maintenance of the
pipeline shall be corrected and the ditch grade shall be restored to the
condition and grade at which it existed prior to construction or maintenance.
Bore pits shall be backfilled according to City standards.
• Excavations necessary for the construction, repair, or maintenance of the
pipeline shall be performed in such a manner that will cause minimal
inconvenience to the public. Licensee shall promptly restore the area to as
good a condition as before working thereon and to the reasonable
satisfaction of the City's Water Utilities Department.
• Operations along easements shall be performed in such a manner that all
property where operations are performed will be restored to original
condition or better. No equipment or installation procedures will be used
which will damage any structures. The cost of any repairs to structures,
sanitary sewer lines, water lines or other easement features as a result of this
installation will be borne by the owner of this line.
Any construction which takes place in, on, under, above, or across property
not owned by the City shall require additional permission by the owner(s) of
the property involved. Written proof of said permission is to be provided to
the City as part of the application process. Approval of this license
agreement excludes permission to do any construction on property which is
not owned by the City of Beaumont.
• Any licenses, permits or agreements required by another governmental
entity (County, State or Federal) to adjoining property shall be obtained and
a copy of such document shall be provided to the City.
• Licensee shall be responsible for acquiring all agreements necessary for the
lawful use of any private property.
• A map showing the location of the proposed pipeline shall be provided.
• The pipeline shall be maintained and operated in such a manner as not to
leak and/or cause damage to the City property. Once the pipeline is in
operation, any damage that occurs to the pipeline which results in exposure
or release of product must be reported immediately to the City Fire
3
Department and Nater Utilities Department. Licensee shall fully
cooperate with the Fire Department and provide, or assist with providing,
any and all necessary notifications, evacuations or other necessary actions.
Leaks or other defects are to be repaired immediately by Licensee at it's
own cost.
The Licensee shall be responsible for the cleanup and remediation of
contaminated areas due to exposure or .release of product and any and all
costs associated with said cleanup and remediation.
The Licensee shall be responsible for any and all costs associated- with the
relocation of the pipeline. As provided, the necessity for relocation of the
pipeline shall be solely within the discretion of City.
Installation will be done in accordance with all City standards and statutes
of the State of Texas.
REQUIRED COVERAGE:
Licensee shall furnish the City with a Certificate of Standard Liability
Insurance, including bodily injuries and property damage, naming the City,
of Beaumont as an Additional Insured. Such policy shall provide for the
following minimum coverage:
Bodily injuries: $ 300,000.00 per person
$1,000,000.00 per incident
Property Damage: $1,000,000.00
Such insurance shall be maintained in force and effect during the
construction or required maintenance of the pipeline and during the life of
the pipeline.
Such certificate shall contain a provision that at least fifteen (15) days
written notice must be given to the City prior to cancellation, alteration, or
modification of such insurance.
Licensee shall have in force with the City a surety bond in the principal
amount of $1,000,000.00. The bond shall be payable to the City of
Beaumont for the use and benefit of any person entitled thereto and
conditioned that the principal and surety will pay all damages to any person
caused by, or arising from, or growing out of any violation of the terms of
this agreement. The bond shall provide that it may not be cancelled, altered,
or otherwise modified without giving fifteen (15) days prior written notice
to the City. The bond shall be good and in effect for a period of one (1)
year from the date of completion of construction of the pipeline.
4
• Licensee shall indemnify, save and hold harmless the City of Beaumont
from any and all claims for injuries and damages to persons or property
occasioned by or arising out of the construction, maintenance, operation,
repair or removal of the pipeline. This indemnity expressly extends to
claims alleging negligence by the City of Beaumont, its agents, officers or
employees, arising from actions taken or occurrences under this license
agreement.
If the pipeline or any part thereof installed by'Licensee shall be in any
respect damaged or injured by City or any of its agents or employees in
connection with the performance of any work or repairs that may be done
upon the property mentioned herein:
Licensee shall not be entitled to prosecute or maintain a claim against the City of
Beaumont for any such damage or injuries so sustained by it; however, said
conditions shall not- prevent Licensee from recovering against any contractor
who shall damage Licensee's property in the course of such contractor's
performance of any contract with the City.
OTHER CONSTRUCTION/MAINTENANCE WITHIN PROPERTY:
City will use its.best efforts to notify Licensee of any proposed construction
and/or maintenance, to be done by City forces or by contract for the City,
within the property involved with this license.
Notification, 'to Licensee, of other construction and/or maintenance
permitted by the City and within the property involved with this license will
be the responsibility of the company obtaining said permit.
Licensee shall mark the location of its lines within forty-eight (48) hours
after receipt of such notification of proposed construction.
Licensee shall maintain a local, or toll free, telephone number to be called
for notification of construction or maintenance and for location of lines.
Such number, or charges to such number, will be provided to the City
(Water Utilities Department) and kept current at all times. This number
shall be provided to entities permitted to construct, maintain or excavate
within this City property and which are required to provide notification of
such work. When information has been relayed to Licensee, through the
phone number provided, such contact shall constitute notification for
Licensee to provide location of its lines. Failure, by Licensee, to respond
within the required time frame shall alleviate the responsibility of the
person(s) requiring the lines to be relocated.
5
• City reserves the right to lay, and to permit to be laid, sewer, gas, water and
other pipes and cables, and to do or permit to be done any underground
work that may be deemed to be necessary or proper by City in, across,
along, or under the property. In doing or permitting any such work, the City
of Beaumont shall not be liable to Licensee for any damage occasioned; it
being understood that nothing herein shall be. construed as foreclosing
Licensee's rights to recover damages against any contractor or third party
who may be responsible for damages to Licensee's facilities.
• Whenever by reason of the change in the grade of the property occupied by
Licensees' pipeline, or by reason of the location or manner of constructing
drainage structures, water pipes, gas pipes, sewers, or other_ underground
construction for any purpose whatever, it shall be deemed necessary by
City to relocate, alter, encase, change, adopt or conform the pipeline of
Licensee thereto, such change shall be made promptly by Licensee at its
cost and without claim for reimbursement or damages against City. If the
change is demanded by the City for the benefit of any other person or
private corporation, except the City, Licensee shall be reimbursed fully by
the person or corporation desiring or occasioning such change for any
expense arising out of such change; Licensee will, upon notice from the
City, make such change immediately and at its own cost; it being
understood that City will not participate in any part of the cost of any
change involving relocation, altering, encasing, boring, or changing in any
manner of the pipeline where same is within City property.
NOTIFICATION/INSPECTION:
• Any and all work to be performed on City property shall be observed and
inspected by a City representative. Any work to be performed within the
City limits will be subject to periodic inspection to ensure compliance with
construction standards.
• Licensee shall provide the City (Water Utilities Department) forty-eight (48)
hours prior to the installation of the lines permitted by this license. A
representative will be scheduled to be present. The expense of such
inspection services may be billed to the Licensee and such amounts will be
reimbursed to the City.
• Licensee shall notify the Water Utilities Department at least forty-eight (48)
hours prior to completion of work and removal of equipment from the job
site to permit the City to make an inspection.
SPECIAL CONDITIONS:
Nonassignable
This license is personal to the Licensee. It is nonassignable and any attempt to assign this
license will terminate the license privileges granted to Licensee hereunder.
Termination
This agreement is subject to termination by the City if any condition specified herein is not
met. This agreement may also be terminated by the Licensee. Either party attempting to
terminate this agreement shall give written notice to the other specifying the date of, and
the reason for, termination. Such notice shall be given not less than thirty (30) days prior
to the termination date therein specified. Any written notice may be effected either by
personal delivery or by registered or certified mail, postage prepaid with return receipt
requested. Mail notices shall be addressed to the addresses of the parties as follows:
City of Beaumont ExxonMobil Oil Corporation
P.O. Box 3827 22777 Springwood Village Parkway
Beaumont, Texas 77704 Spring, Texas 77399
Attn: City Manager Attn: Matthew Horneman
Upon cancellation, the pipeline shall be removed and property restored to a condition
acceptable to the Water Utilities Director. In the event of cancellation, any and all monies
collected for fees associated with this agreement will remain the property of the City.
There will be no reimbursements.
Commencement of work on the pipeline by Licensee after the date of this fully executed
license shall be construed as evidence of Licensee's acceptance and approval of the
conditions above set forth.
IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents
to be signed by its City Manager and the seal of the City to be herewith affixed by the City
Clerk, this day of A.D. 20
CITY OF BEAUMONT, TEXAS
IM
ATTEST:
City Clerk
Kyle Hayes, City Manager
APPLICANT'S COMPANY NAME:
(Licensee)
ExxonMobil Oil. Corporation
Represented by:
Matthew Horneman .
Agent and Attorney in Fact
Title
ATTEST:
By: WA 14 t
Secretary
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0
NED2-JE-011.000
JEFFERSON COUNTY, TEXAS
PILHAM HUMPHREYS SURVEY,
ABSTRACT NO. 32
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2 REVIEW CROSSING AGREEMENT FOR ADDITIONAL REQUIREMENTS
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UTILITIES AND FOREIGN PIPELINES.
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ZONE, US FOOT (TX83SC9 s"GHooN LEE DATE
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ROAD CROSSING DETAIL DRAWING
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............................................•.............
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PLAN AND PROFILE
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SMLS, W112 TO 16 MILS FUSION BONDED EPDXY AND
HORIZ: 1"=40'
VERT: 1'= 10'
20 TO 24 MILS ARO
MINIMUM TEST PRESSURE: 2160PSIG
MAXIMUM OPERATING PRESSURE: 1440PSIG
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NOTES:
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F6YSTE4 OMMEUSTM9A EE
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STATE PRIOR TO ANYNYT VANTIOOON, T"HAE50fE
RELFAS®FORTNE PURPOSE OF PERYITRNG ONLY ANG ARE NOTTO BE UBEO FOR
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2 REVIEW CROSSING AGREEMENT FOR ADDITIONAL REQUIREMENTS
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UTILITIES AND FOREIGN PIPELINES.
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ZONE, US FOOT (TX83SC9 s"GHooN LEE DATE
TEXAS PE NO. ll]
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AS NOTED OW2018 iN
017/1018 FA
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DATE APP0.
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ROAD CROSSING DETAIL DRAWING
PROPOSED 10" MR -16A PIPELINE
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NED2-JE-012.900
PRO.I. NO. DRAWNGNUMBEN SHEEP
24245 BMT -N241116 -UP -HD -0004 1 1 OF 1
APPLICATION FOR
UTILITY CROSSING AGREEMENT
OUTSIDE THE CORPORATE LIMITS OF
THE CITY OF BEAUMONT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
Business Name: ExxonMobil Oil Corporation . Business Phone: ( 601) 672-9376
Business Address: 22777 Springwood Village Parkway, Springy, Texas 77399
The City of Beaumont, hereinafter called "City", for and in consideration of the
sum specified herein $500.00 application fee plus $90.00 (40 linear feet for a total of
$590.00 hereby grants to ExxonMobil Oil Corporation hereinafter called "Licensee", the
license to lay, maintain, operate, replace, or remove a pipeline for the transportation of Oil,
gas, water, or light cycle Oil products, on or across the following City easement and/or
property situated outside the City of Beaumont, Jefferson County, Texas, but being within
our Extra -Territorial Jurisdiction (ETJ) and/or Certificate of Convenience and Necessity
(CCN) and being more particularly described in Exhibit "A" attached hereto and made a
part hereof for all purposes.
Nearest Street Distance to Easement Length (Linear Foot) of Crossing
Spindletop Road 42 linear foot
1
I
COST OF LICENSE:
Licensee shall make payment to the City of Beaumont as follows:
License Agreement fee - $500.00
Annual fee of $2.25 per linear foot of pipeline located within City property.
Said fee shall be reset on January 31, 2011 and shall be reset every ten (10)
years, thereafter, to a level to be determined by the City Council or their
delegated representative.
All fees, including the first annual fee for linear foot usage shall be made to the
Water Utilities Department and payable to the City of Beaumont prior to
construction.
This license is granted by the City of Beaumont subject to conditions. Failure to comply
with the following may result in termination of agreement (see page 8).
GENERAL CONDITIONS:
Licensee does not intend to sell product for resale from the covered pipeline
to customers located within the City; however, Licensee recognizes that
should it sell product for resale from this covered pipeline to customers
within the City, it will be required to report such distribution and when
lawfully required to do so, pay.a street rental fee based on revenues. The
annual fee and the regulations controlling the payment of such fee will be
those as lawfully established by the ordinances of the City.
All pipelines crossing City of Beaumont utility easements, water or sanitary
sewer easements shall be bored from easement line to easement line. Within
these limits, the pipeline shall be protected by casing or other method
approved by the City Water Utilities Department.
The pipeline shall be constructed in such a manner as approved by the City
so as it does not interfere with the use of the City property.
The pipeline shall be installed a minimum of three (3) feet below ground
and a minimum of five (5) feet below the lowest existing or proposed ditch
grades, waterlines, sanitary sewer lines or storm drainage lines, unless
otherwise authorized by the City. Such grades and lines shall be indicated
on map submittal, as well as depth of proposed pipeline (see page 3).
2
The construction and operation of the pipeline shall not .interfere with the
natural drainage in that area nor with the drainage system of the City, nor
with sanitary sewer lines, waterlines, or other utilities.
Damage to existing ditch grade during construction or maintenance of the
pipeline shall be corrected and the ditch grade shall be restored to the
condition and grade at which it existed prior to construction or maintenance.
Borepits shall be backfilled according to City standards.
Excavations necessary for the construction, repair, or maintenance of the
pipeline shall be performed in such a manner that will cause minimal
inconvenience to the public. Licensee shall promptly restore the area to as
good a condition as before working thereon and to the reasonable
satisfaction of the City's Water Utilities Department.
Operations along easements shall be performed in such a manner that all
property where operations are performed will be restored to original
condition or better. No equipment or installation procedures will be used
which will damage any structures. The cost of any repairs to structures,
sanitary sewer lines, water lines or other easement features as a result of this
installation will be borne by the owner of this line.
Any construction which takes place in, on, under, above, or across property
not owned by the City shall require additional permission by the owner(s) of
the property involved. Written proof of said permission is to be provided to
the City as part of the application process. Approval of this license
agreement excludes permission to do any construction on property which is
not owned by the City of Beaumont.
• Any licenses, permits or agreements required by another governmental
entity (County, State or Federal) to adjoining property shall be obtained and
a copy of such document shall be provided to the City.
• Licensee shall be responsible for acquiring all agreements necessary for the
lawful use of any private property.
• A map showing the location of the proposed pipeline shall be provided.
• The pipeline shall be maintained and operated in such a manner as not to
leak and/or cause damage to the City property. Once the pipeline is in
operation, any damage that occurs to the pipeline which results in exposure
or release of product must be reported immediately to the City Fire
Department and Water Utilities Department. Licensee shall fully
cooperate with the Fire. Department and provide, or assist with providing,
any and all necessary notifications, evacuations or other necessary actions.
Leaks or other defects are to be repaired immediately by Licensee at it's
own cost.
The Licensee shall be responsible for the cleanup and remediation of
contaminated areas due to exposure or release of product and any and all
costs associated with said cleanup and remediation.
The Licensee shall be responsible for any and all costs associated with the
relocation of the pipeline. As provided, the necessity for relocation of the
pipeline shall be solely within the discretion of City.
Installation will be done in. accordance with all City standards and statutes
of the State of Texas.
REQUIRED COVERAGE:
Licensee shall furnish the City with a. Certificate of Standard Liability
Insurance, including bodily injuries and property damage, naming the City
of Beaumont as an Additional Insured. Such policy shall provide for the
following minimum coverage:
Bodily injuries: $ 300,000.00 per person
$1,000,000.00 per incident
Property Damage: $1,000,000.00
Such insurance shall be maintained in force and effect during the
construction or required maintenance of the pipeline and during the life of
the pipeline.
Such certificate shall contain a provision that at least fifteen (15) days
written notice must be given to the City prior to cancellation, alteration, or
modification of such insurance.
Licensee shall have in force with the City a surety bond in the principal
amount of $1,000,000.00. The bond shall be payable to the City of
Beaumont for the use and benefit of any person entitled thereto and
conditioned that the principal and surety will pay all damages to any person
caused by, or arising from, or growing out of any violation of the terms of
this agreement. The bond shall provide that it may not be cancelled, altered,
or otherwise modified without giving fifteen (15) days prior written notice
to the City. The bond shall be good and in effect for a period of one (1)
year from the date of completion of construction of the pipeline.
4
• Licensee shall indemnify, save and hold harmless the City of Beaumont
from any and all claims for injuries and damages to persons or property
occasioned by or arising out of the construction, maintenance, operation,
repair 'or removal of the pipeline. This indemnity expressly extends to
claims alleging negligence by the City of Beaumont, its agents, officers or
employees, arising from actions taken or occurrences under this license
agreement.
• If the pipeline or any part thereof installed by Licensee shall be in any
respect damaged or injured by City or any of its agents or employees in
connection with the performance of any work or repairs that may be done
upon the property mentioned herein:
Licensee shall not be entitled to prosecute or maintain a claim against the City of
Beaumont for any such damage or injuries so sustained by it; however, said
conditions shall not prevent Licensee from recovering against any contractor
who shall damage Licensee's property in the course of such contractor's
performance of any contract with the City.
OTHER CONSTRUCTION/MAINTENANCE WITHIN PROPERTY:
• City will use its best efforts to notify Licensee of any proposed construction
and/or maintenance, to be done by City forces or by contract for the City,
within the property involved with this license.
Notification, to Licensee, of other construction and/or. maintenance
permitted by the City and within the property involved with this license will
be the responsibility of the company obtaining said permit.
Licensee shall mark the location of its lines within forty-eight (48) hours
after receipt of such notification of proposed construction.
Licensee shall maintain a local, or toll free, telephone number to be called
for notification of construction or maintenance and for location of lines.
Such number, or charges to such number, will be provided to the City
(Water Utilities Department) and kept current at all times. This number
shall be provided to entities permitted to construct, maintain or excavate
within this City property and which are required to provide notification of
such work. When information has been relayed to Licensee, through the
phone number provided, such contact shall constitute notification for
Licensee to provide location of its lines. Failure, by Licensee, to respond
within the required time frame shall alleviate the responsibility of the
person(s) requiring the lines to be relocated.
5
City reserves the right to lay, and to permit to be laid, sewer, gas, water and
other pipes and cables, and to do or permit to be done any underground
work that may be deemed to be necessary or proper by City in, across,
along, or under the property. In doing or permitting any such work, the City
of Beaumont shall not be liable to Licensee for any damage occasioned; it
being understood that nothing herein shall be construed as foreclosing
Licensee's rights to recover damages against any contractor or third party
who may be responsible for damages to Licensee's facilities.
Whenever by reason of the change in the grade of the property occupied by
Licensees' pipeline, or by reason of the location or manner of constructing
drainage structures, water pipes, gas pipes, sewers, or other underground
construction for any purpose whatever, it shall be deemed necessary by
City to relocate, alter, encase, change, adopt or conform the pipeline of
Licensee thereto, such change shall be made promptly by Licensee at its
cost and without claim for reimbursement or damages against City. If the
change is demanded by the City for the benefit of any other person or
private corporation, except the City, Licensee shall be reimbursed fully by
the person or corporation desiring or occasioning such change for any
expense arising out of such change; Licensee will, upon notice from the
City, make such change immediately and at its own cost; it being
understood that City will not participate in any part of the cost of any
change involving relocation, altering, encasing, boring, or changing in any
manner of the pipeline where same is within City property.
NOTIFICATIONANSPECTION:
Any and all work to be performed on City property shall be observed and
inspected by a City representative. Any work to be performed within the
City limits will be subject to periodic inspection to ensure compliance with
construction standards.
Licensee shall provide the City (Water Utilities Department) forty-eight (48)
hours prior to the installation of the lines permitted by this license. A
representative will be scheduled to be present. The expense of such
inspection services may be billed to the Licensee and such amounts will be
reimbursed to the City.
Licensee shall notify the Water Utilities Department at least forty-eight (48)
hours prior to completion of work and removal of equipment from the job
site to permit the City to make an inspection.
SPECIAL CONDITIONS:
Nonassiggable
This license is personal to the Licensee. It is nonassignable and any attempt to assign this
license will terminate the license privileges granted to Licensee hereunder.
Termination
This agreement is subject to termination by the City if any condition specified herein is not
met. This agreement may also be terminated by the Licensee. Either party attempting to
terminate this agreement shall give written notice to the other specifying the date of, and
the reason for, termination. Such notice shall be given not less than thirty (30) days prior
to the termination date therein specified. Any written notice may be effected either by
personal delivery or by registered or certified mail, postage prepaid with return receipt
requested. Mail notices shall be addressed to the addresses of the parties as follows:
City of Beaumont ExxonMobil Oil Corporation
P.O. Box 3827 22777 Springwood Village Parkway
Beaumont, Texas 77704 Spring, Texas 77399
Attn: City Manager Attn: Matthew Homeman
Upon cancellation, the pipeline shall be removed and property restored to a condition
acceptable to the Water Utilities Director. In the event of cancellation, any and all monies
collected for fees associated with this agreement will remain the property of the City.
There will be no reimbursements.
7
Commencement of work on the pipeline by Licensee after the date of this fully executed
license shall be construed as evidence of Licensee's acceptance and approval of the
conditions above set forth.
IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents
to be signed by its City Manager and the seal of the City to be herewith affixed by the City
Clerk, this day of , A.D. 20
ATTEST:
City Clerk
ATTEST:
Lin
Secretary
M.
CITY OF BEAUMONT, TEXAS
IM
Kyle Hayes, City Manager
APPLICANT'S COMPANY NAME:
(Licensee)
ExxonMobil Oil Corporation
Represented by:
XXI'IV /611-�^ — - — — e
Matthew Horneman
Agent and Attorney in Fact
Title
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2. REVIEW CROSSING AGREEMENT FOR ADDITIONAL REQUIREMENTS
3. PROPOSED PIPELINE WILL MAINTAIN MINIMUM 2' CLEARANCE FROM
UTILITIES AND FOREIGN PIPELINES.
4. COORDINATE SYSTEM: NAD83 TEXAS STATE PLANE, SOUTH CENTRA.
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24245
BMT-N2-MR16-UP-HD-0002 I 1 OF 1
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BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: January 15, 2019
REQUESTED ACTION: Council consider a resolution authorizing the Mayor, City
Manager, City Attorney, Emergency Management Coordinator and
other designees to execute a Mutual Aid Agreement (MAA) and
four addendums with the Beaumont Independent School District.
Mutual aid agreements provide a mechanism for local governments to seek assistance when
emergencies present equipment and manpower requirements beyond the capacity of an individual
jurisdiction. A number of the City plans and Hurricane Harvey operations and recovery efforts
reflect collaboration between the City and BISD for facility, manpower, transportation, and other
anticipated resource sharing needs. This revision will update language and account for changes in
resources and personnel. Four addendums are provided to support the agreement by providing
standard procedures for common coordination functions.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
MUTUAL AID AGREEMENT
BETWEEN
CITY OF BEAUMONT
AND
BEAUMONT INDEPENDENT SCHOOL DISTRICT
State of Texas §
County of Jefferson §
This Mutual Aid Agreement (the "Agreement") is entered into by and between the City
of Beaumont (City) and the Beaumont Independent School District (BISD) that by their
signatures on duplicate original copies of this Agreement have consented to the terms of this
Agreement (individually, a "Party", and collectively, the "Parties").
WHEREAS, the Parties recognize the vulnerability of the people and the community to
damage, injury, and loss of life and property resulting from Emergencies and recognize that
Emergencies may present equipment and manpower requirements beyond the capacity of each
individual Party; and,
WHEREAS, the Parties to this Agreement recognize that in the past Mutual Aid has been
provided between or among the Parties in the form of personnel, equipment, and other resources
during Emergencies and to help with recovery; and,
WHEREAS, the governing officials of the Parties desire to secure for each Party the
benefits of Mutual Aid and protection of life and property in the event of an Emergency; and,
WHEREAS, the Parties wish to make suitable arrangements for furnishing Mutual Aid in
coping with Emergencies and are so authorized and make this Agreement pursuant to Chapter
791 of the Texas Government Code (Interlocal Cooperation Act), Chapter 418 of the Texas
Government Code (Texas Disaster Act of 1975), Chapter 421 of the Texas Government Code
(Homeland Security), and Chapter 362 of the Local Government Code; and,
WHEREAS, the Parties recognize that a formal agreement for Mutual Aid would allow
for better coordination of effort, provide that adequate equipment is available, and help ensure
that Mutual Aid is accomplished efficiently. The Parties desire to enter into this Agreement to
provide Mutual Aid consistent with the mutual aid plans developed by the respective
jurisdictions and approved by the governing bodies of the' jurisdictions.
NOW, THEREFORE, the Parties agree as follows:
Terms
1. RECITALS
The recitals set forth above are true and correct.
2. DEFINITIONS
For purposes of this Agreement, the terms listed below shall have the following
meanings:
a. Agreement — this Mutual Aid Agreement between the City of Beaumont and
BISD.
b. Emergency — Any incident, whether natural or human -caused, that requires
responsive action to protect life and property.
c. Mutual Aid — a homeland security activity, such as an activity related to the
prevention or discovery of, response to, or recovery from a terrorist attack, natural
or man-made disaster, hostile military or paramilitary action, or extraordinary law
enforcement emergency and also includes personnel, equipment, and other
resources.
d. NIMS — the National Incident Management System.
e. Point of Contact — the individual or individuals authorized by the governing body
of each Party to request or respond to a request for Mutual Aid on behalf of the
Party. A Party's Emergency Management Director or Chief Executive Officer is
always a Point of Contact, in addition to those designated as the Point of Contact.
f. Requesting Party,— the Party requesting Mutual Aid under this Agreement.
g. Respondin�agy — the Party providing Mutual Aid assistance under this
Agreement.
3. POINT OF CONTACT DESIGNATION
Each party shall provide to the other written protocol by which its' designated Point of
Contact may be contacted twenty-four hours a day, ,seven days a week. This protocol
shall designate, by name or position, the person or persons authorized to request or
respond to a request for Mutual Aid on behalf of a Party under this Agreement. Each
Party must notify the other party in writing of any change in its Point of Contact protocol
as soon as practicable.
4. ACTIVATION OF AGREEMENT
This Agreement is activated when a request is made for mutual aid assistance.
Mutual Aid Agreement
Page 2 of 11
5. INITIATION OF REQUEST
A request under this Agreement may be made by a Point of Contact after one of the
following occurs:
1. After a declaration of a local state of Disaster pursuant to Chapter 418 of the
Texas Government Code, as amended; or,
2. After a finding of an Emergency as defined in this Agreement.
6. PROCEDURES FOR REQUESTS
Subject to the conditions in this Section, a Point of Contact may request Mutual Aid
assistance by: (1) submitting a written request for assistance to a Point of Contact of a
Responding Party, or (2) orally communicating a request for Mutual Aid assistance to a
Point of Contact of a Responding Party, which shall be followed up by written
documentation within thirty days.
a. The written request shall state that the request is made pursuant to this
Agreement.
b. Mutual Aid shall not be requested by a Party unless it is directly related to the
Emergency and resources available from the normal response to the stricken area
are deemed to be inadequate, or are predicted to be expended prior to the
resolution of the Emergency.
c. All requests for Mutual Aid shall be transmitted by a Point of Contact of the
Requesting Party to a Point of Contact of the Responding Party or in accordance
with the terms of this Agreement.
d. Each request for assistance shall be accompanied by the following information, to
the extent known:
i. A general description of the Emergency and the damage or injury
sustained or threatened;
ii. Identification of the general emergency, service function or functions for
which assistance is needed (e.g. fire, law enforcement, emergency
medical, search and rescue, transportation, communications, public works
and engineering, , building, inspection, planning and information
assistance, mass care, resource support, health and other medical services,
etc.) and the particular type of assistance needed;
iii. The amount and type of personnel, equipment, and other resources needed
and a reasonable estimate of the length of time that each will be needed;
iv. The location(s) to which the resources are to be dispatched and the
specific time by which the resources are needed; and,
Mutual Aid Agreement
Page 3 of 11
V. The name and contact information of a representative of the Requesting
-Party, if available, to meet the personnel and equipment of any
Responding Party at each location to which resources are dispatched.
7. THE PROVISION OF MUTUAL AID
Subject to the conditions of this Section, upon request of the Requesting Party, the
assisting Party hereto shall furnish Mutual Aid in coping with an Emergency.
a. Assessment of Availability of Resources and Ability to Render Assistance. When
contacted by a Requesting Party, a Point of Contact of the Party from which aid is
requested agrees to assess local resources to determine availability of personnel,
equipment and other assistance to respond to the request. A Responding Party is
not required to provide Mutual Aid assistance unless the Responding Party
determines that the Responding Party has sufficient resources to provide
assistance, based on current or anticipated events in its jurisdiction.
b. Information Required of the Responding Party.
A Point of Contact who determines that the Responding Party has available
personnel, equipment, and other resources, shall so notify the Requesting Party
and provide the following information, to the extent known:
i. A complete description of the personnel and their expertise and
capabilities, equipment, and other resources to be furnished to the
Requesting Party;
ii. The estimated length of time that the personnel, equipment, and other
resources will be available;
iii. The name of the person or persons to be designated as supervisory
personnel; and,
iv. The estimated time of arrival for provided assistance to arrive at the
designated location(s).
c. Supervision and Control.
When providing assistance under the terms of this Agreement, the response effort
must be organized and function in accordance with NIMS guidelines. The
personnel, equipment, and resources of a Responding Party being used in the
response effort will be under the operational control of the Requesting Party.
Direct supervision and control of personnel, equipment and resources, as well as
personnel accountability, shall remain the responsibility of the designated
supervisory personnel of the Responding Party. Emergency Medical Services
organizations providing assistance under this Agreement will utilize medical
protocols authorized by their medical director. The designated supervisory
personnel of the Responding Party shall: maintain daily personnel time records,
material records and a log of equipment hours; be responsible for the operation
Mutual Aid Agreement
Page 4 of 11
and maintenance of the equipment and other resources furnished by the
Responding Party; and, report work progress to the Requesting Party.
d. Food, Housing, and Self -Sufficiency.
The Requesting Party shall have the responsibility of providing food and housing
for the personnel of the Responding Party from the time of their arrival at the
designated location(s) to the time of their departure. However, Responding Party
personnel and equipment should be, to the greatest extent possible, self-sufficient
while working in the Emergency area. The Requesting Party may limit its request
for assistance to only self-sufficient personnel and resources in its request for
assistance.
e. Rights and Privileges.
Personnel who are assigned, designated or ordered by their Party's governing
body to perform duties pursuant to this Agreement shall continue to receive the
same wages, salary, pension and other compensation including injury or death
benefits, disability payments, and workers' compensation benefits, for the
performance of those duties as though the services had been rendered for the
Party employing the personnel. The Responding Party employing the person is
responsible for the payment of wages, salary, pension, and other compensation
and benefits associated with the performance of duties under this Agreement.
Requesting party will reimburse Responding Party upon submission of request for
reimbursement as outlined in section eight, "Costs."
f. License Portability.
If the assistance of a person who holds a license, certificate, permit, or other
document evidencing qualification in a professional, mechanical, or other skill is
requested by a Party under this Agreement, the person is considered licensed,
certified, permitted, or otherwise documented in the Requesting Party's
jurisdiction in which the service is provided as long as the service is required,
subject to any limitations imposed by the chief executive officer or governing
body of the Requesting Party.
g. The Duration of Aid.
The provision of Mutual Aid under this Agreement may continue until the
services of the Responding Party are no longer required, or the Responding Party
determines that further Mutual Aid should not be provided. Resources of the
Responding Party shall remain subject to recall by the Responding Party at any
time, subject to reasonable notice to the Requesting Party.
h. Training.
An appointed public officer whose position description, job duties, or assignment
includes emergency management responsibilities or who plays a role in
emergency preparedness, response, or recovery shall complete a course of training
provided or approved by the division of emergency management in the office of
Mutual Aid Agreement
Page 5 of 11
C
the governor of not less than three hours regarding the responsibilities of state and
local governments in accordance with Government Code Chapter 418.
i. Technology.
BISD will provide camera surveillance access via VPN to Beaumont Emergency
Management and select law enforcement personnel designated by Emergency
Management to support tactical and emergency management operations. The
Office of Emergency Management will request VPN access to surveillance
cameras through the BISD IT Director. The BISD IT Department will maintain
the list of authorized users. This list will be audited jointly on a yearly basis.
Access will only be used to support official law enforcement and emergency
management activities.
8. COSTS
All costs associated with the provision of Mutual Aid exceeding twelve consecutive
hours shall be paid by the Responding Party and reimbursed by the Requesting Party at
actual cost, to the extent permitted by law. Such costs include but are not limited to:
compensation for personnel; operation and maintenance of equipment; damage to
equipment; and food, lodging and transportation expenses.
a. Requests for reimbursement must be submitted as soon as practicable but no later
than sixty days after the return of all personnel deployed under this Agreement.
Submission will follow the standard billing practices as pre -established by each
jurisdiction. Failure to submit a request for reimbursement within the specified
time frame will result in the Responding Party not being reimbursed for the
Mutual Aid provided unless the Requesting Party extends the deadline for filing
requests for reimbursement or the Federal or State Government extends the
deadline for filing request for reimbursement. Such requests shall specifically
identify all personnel, equipment, and resources provided; dates of issuance or
duration of deployment, and the unit cost and total costs associated with each.
b. The Responding Party shall be responsible for creating and maintaining a record
of all costs incurred, both reimbursed and unreimbursed costs, in providing
Mutual Aid under this Agreement. The record shall be kept for a period,of three
years from the date the incident is closed.
c. In the event federal funds are available for costs associated with the provision of
Mutual Aid, the Parties agree that the Requesting Party may make the claim for
the eligible costs of the Responding Party on its subgrant application and will
disburse the federal share of funds to the Responding Party.
d. Reimbursement under this Section will. be made by the Requesting Party no later
than: (1) one -hundred eighty days after receipt of the request for reimbursement;
or (2) ninety days after the Requesting Party receives reimbursement from the
federal or state government, whichever is sooner.
Mutual Aid Agreement
Page 6 of 11
e. The provision of Mutual Aid will be considered non -reimbursable if the
Responding Party does not request reimbursement within the time specified in
this Section.
9. INSURANCE
a. Workers' Compensation Coverage.- Each Party shall be responsible for complying
with the Texas Workers' Compensation Act.
b. Automobile Liability Coverage. Each Party shall be responsible for complying
with the Texas motor vehicle financial responsibility laws.
c. General Liability, Public Officials Liability and Law Enforcement Liability. Each
Party agrees to obtain or continue its general liability, public official's liability
and law enforcement liability insurance, if applicable, or maintain a comparable
self-insurance program.
d. Other Coverage: The Responding Party shall provide and maintain its standard
packages of medical and death benefit insurance coverage while its personnel are
assisting the Requesting Party.
10. EXPENDING FUNDS
a. Each Responding Party which performs services or furnishes aid pursuant to this
Agreement shall do so with appropriated funds from current revenues available to
the Responding Party, to the extent permitted by law. No Party shall have any
liability for the failure to expend funds to provide aid hereunder.
b. Each Requesting Party which reimburses costs of a Responding Party shall do so
with appropriated funds from current revenues available to the Requesting Party,
to the extent permitted by law.
11. EMERGENCY ASSISTANCE AND LAW ENFORCEMENT ASSISTANCE
Notwithstanding any other provisions herein, any Party hereto may provide emergency
assistance or law enforcement assistance to another Party as provided in Section 791.027
of the Texas Government Code or Section 362.002 of the Texas Local Government Code.
12. TERM
This Agreement shall become effective as to each Party when approved and executed by
that Party and shall be binding on each and every Party through December 31 of the year
signed. This Agreement shall automatically renew for a period of one year upon the
completion of the initial term and each subsequent term unless and until such time as the
governing body of a Party terminates its participation in this Agreement pursuant to
Section 21 of this Agreement. Termination of participation in this Agreement by a
Party(ies) shall not affect the continued operation of this Agreement between and among
Mutual Aid Agreement
Page 7 of 11
the remaining Parties and this Agreement shall continue in force and remain binding on r
the remaining Parties.
13. LIABILITY IN FIRE PROTECTION CONTRACT OR PROVISION OF LAW
1 ENFORCEMENT SERVICES
To the extent that this Agreement is considered an Agreement under Section 791.006 of
the , Texas Government Code, the Responding Party under this Agreement is not
responsible for any civil liability that arises from the furnishing of services described in
Section 791.006.
14. LIABILITY UNDER INTERLOCAL CONTRACT
A Party that furnishes a service related to a homeland security activity, as defined in
Chapter 421 of the Texas Government Code, under this Agreement is immune from civil
liability for any act or omission resulting in death, damage, or injury while acting under
this Agreement if the act or omission was in good faith and in the course and scope of its
functions to provide a service related to a homeland security activity.
15. ENTIRETY
This Agreement - contains all commitments and agreements of the Parties regarding
Mutual Aid to be rendered during or in connection with an Emergency. Included as a
component of this Agreement are four (4) addendums providing specific procedures for
common resource sharing operations. They are provided for continuity and general
coordination purposes at an operational level. All previously entered into Mutual Aid
Agreements are superseded by this Agreement. No other oral or written commitments of
the parties shall have any force or effect if not contained herein. Notwithstanding the
preceding sentence, it is understood and agreed that the Parties may have heretofore
contracted or hereafter contract with other entities for Mutual Aid in Emergencies or the
provision of other government services and functions, and it is agreed that this
Agreement shall be of no effect to any such individual agreement.
16. INTERLOCAL COOPERATION ACT
The Parties agree that Mutual Aid in the context contemplated herein is a "governmental
function and. service" and that the Parties are "local governments" as those terms are
defined in the Interlocal Cooperation Act.
17. CONFIDENTIALITY
The Parties recognize that the provision of Mutual Aid under this Agreement may result
in the transfer of confidential medical information between them. The- Parties shall guard
the confidentiality of such information as required by the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA), the Texas Medical Practice Act,
and other state privacy laws pertaining to the confidentiality of medical records.
Mutual Aid Agreement
Page 8 of 11
18. SEVERABILITY
If a provision contained in this Agreement is held invalid for any reason, the invalidity does
not affect other provisions of this Agreement that can be given effect without the invalid
provision, and to this end the provisions of this Agreement are severable.
19. VALIDITY AND ENFORCEABILITY
If any current or future legal limitations affect the validity or enforceability of a provision of
this Agreement, then the legal limitations are made a part of this Agreement and shall
operate to amend this Agreement to the minimum extent necessary to bring this Agreement
into conformity with the requirements of the limitations, and so modified, this Agreement
shall continue in full force and effect. .
20. AMENDMENT.
This Agreement is effective immediately upon signature by all parties and will only be
terminated after one party notifies the other party 30 days in advance of its intent to
terminate. The Agreement will be reviewed every year from the effective date by the
designated points of contact. The parties agree that this agreement may be amended with
the mutual consent and approval of the parties in writing, but may require Council or
School Board approval if applicable.
21. TERMINATION
The governing body of a Party which is a signatory hereto, shall, by order, ordinance, or
resolution, give notice as provided herein of termination of participation in this
Agreement and submit a certified copy of such order, ordinance, or resolution to the other
Party. Such termination shall become effective not earlier than 30 days after providing
such notice.
22. THIRD PARTIES
This Agreement is intended to inure only to the benefit of the Parties hereto. This
Agreement is not intended to create, nor shall be deemed or construed to create, any
rights in third parties.
23. NOTICES
Any notice required or permitted between the Parties must be in writing, addressed to the
attention of the respective Point of Contact, and shall be delivered in person, or mailed
certified mail, return receipt requested, or may be transmitted by facsimile transmission.
24. AUTHORIZATION
The Agreement has been officially authorized by the governing or controlling body of
Mutual Aid Agreement
Page 9 of 11
each Party hereto by order, ordinance or resolution and each signatory to this Agreement
represents that the signatory has full authority to execute this Agreement on behalf of and
to legally bind the respective Party to this Agreement.
25. IMMUNITY RETAINED
The Parties to this Agreement do not waive or relinquish any immunity or defense on
behalf of itself, officers, employers, agents, and volunteers as a result of its execution of
this Agreement and the performance of the covenants contained herein.
26. GOVERNING LAW AND VENUE
The laws of the State of Texas shall govern this Agreement. Mandatory and exclusive
venue of any dispute between the Parties to this Agreement shall be in Jefferson County,
Texas.
EXECUTED by the Parties hereto, each respective entity acting by and through its duly
authorized official as required by law, on multiple counterparts each of which shall be deemed
to be an original, effective among the parties who sign it at the time of their signature, on the
date specified on the multiple counterpart executed by such entity.
ATTEST/SEAL:
City or County Clerk
APPROVED:
City Manager
APPROVED AS TO FORM:
City of Beaumont, TEXAS
Signed by:
Mayor
COUNTERSIGNED BY:
Emergency Management Coordinator
DATE COUNTERSIGNED:
City Attorney
L.D. File No.
ATTEST/SEAL: Beaumont Independent School District, TEXAS
Signed by:
Mutual Aid Agreement
Page 10 of 11
Agency Clerk
APPROVED:.
Superintendent
APPROVED AS TO FORM:
BISD Attorney
President, Board of Managers/Trustees
COUNTERSIGNED BY:
Associate Superintendent, Secondary Schools
DATE COUNTERSIGNED:
Mutual Aid Agreement
Page 11 of 11
Addendum #1 to
Mutual Aid Agreement between Beaumont and BISD
(Strategic National Stockpile (SNS))
ADDENDUM #1 TO MUTUAL AID AGREEMENT BETWEEN BEAUMONT
INDEPENDENT SCHOOL DISTRICT AND THE CITY OF BEAUMONT
This Addendum #1 is agreed to and executed by and between the Beaumont Independent
School District ("BISD" or "the District") and the City of Beaumont ("the City" or "Beaumont").
The following clarification is provided for continuity and specificity purposes to provide an
understanding of anticipated roles, procedures, and requests in relation to the Mutual Aid
Agreement ("MAA"), specifically Paragraph 15. To the extent that the terms of this Addendum
are contrary to the terms of the MAA, the terms of this Addendum shall control and, be binding on
the parties, as follows:
I. PURPOSE
Under a grant from the Department of State Health Services, the Beaumont Public
Health Department ("Department") is required to plan and prepare for a public health emergency
that may result from natural or manmade causes. During such an emergency, it may be necessary
to immunize or treat all or large numbers of people in the area served by the District and the
Department. Prior public health experience with mass immunizations has shown that schools are well suited to
this activity because: 1) Their location is known to large numbers of individuals within the
community; 2) They are central within sectors of the community; 3) They have large assembly
areas; 4) They have other necessary facilities such as refrigeration and restrooms. The
Department has concluded that the District possesses facilities that are qualified to serve if
mass immunization or treatment is necessary. The District desires to be as helpful as possible in
the event of a public health emergency, and agrees to make its facilities available for purposes
of mass immunization or treatment, under the terms set out below.
A. The District and the Department have concluded that this contemplated use of the facilities is a
"governmental function" as defined in the Interlocal Agreement Act. 1. 1. Public Health Emergency
B. This Agreement will go into effect only if:
1. The Commissioner of Health or the local health authority declare that large scale
immunization or treatment is necessary as a control measure for an outbreak of
communicable disease; and
2. Classes at the facility are either not scheduled, or are canceled, or if other
arrangements are mutually agreed upon based on the specific circumstances at
the time the need arises.
II. OBLIGATIONS OF THE DEPARTMENT
A. The Department will supply or arrange for all equipment, vaccine, medicine and personnel
necessary to administer the vaccine or medication.
B. The Department will supply or arrange for all equipment and personnel necessary for
staffing, security, crowd control and other tasks, except as described in section IV below
Addendum 1 of
Mutual Aid Agreement
Page 1 of 3
Addendum #1 to
Mutual Aid Agreement between Beaumont and BISD
(Strategic National Stockpile (SNS))
C. The Department will be responsible for disposal of medical waste and disinfection at
the facility following its use for the emergency. The health authority will provide
written assurance of its safety for use as a school facility following its use.
D. The Department will be responsible for any damage to property belonging to the District as
a result of its use during the public health emergency, and to the extent they can be
determined, costs for utilities described in section IV below. This compensation is mutually
agreed to be "an amount that fairly compensates the performing party" as stated in the
Interlocal Cooperation Act. The amounts to be paid to the District will be paid from
current revenues available to the Department.
E. The Department is responsible for the acts and negligence of its employees or volunteers, to
the extent allowable under state and federal law.
111. -OBLIGATIONS OF THE DISTRICT
A. The District is responsible for allowing the use of the facility and utilities (gas, electric,
water, and telecommunications) normally associated with its use as a school facility.
B. The District is responsible for providing use of all rooms, fixtures, and equipment existing
at the facility that the Department regards as necessary for on-site use during the period
of the emergency.
C. The District will provide at least one person on-site during the period of emergency
use with access to the rooms, fixtures and equipment described above.
D. The District will provide nursing and other staff support as available and based on
mutual agreement based on the specific circumstances at the time the need arises.
E. The District is responsible for the acts and negligence of its employees or volunteers, to the
extent allowable under state and federal law.
F. The District will track all appropriate costs related to provision of mutual aid specific to
supporting the response to the public health emergency and will provide appropriate
documentation to the City sufficient to meet FEMA standards and requirements for
reimbursement.
IV. PRIMARY CONTACTS:
A. Sherry Ulmer, City of Beaumont, Public Health Director, 950 College St, Beaumont,
Texas 77705, (409)832-4000
B. Jenny Angelo, BISD Executive Director of Curriculum and Instructions, 4315
Addendum 1 of
Mutual Aid Agreement
Page 2 of 3
Addendum #1 to
Mutual Aid Agreement between Beaumont and BISD
(Strategic National Stockpile (SNS))
Concord Rd., Beaumont, TX 77703, (409) 617-5053
C. Tim Ocnaschek, City of Beaumont, Emergency Management Coordinator, 700
Orleans, Beaumont, Texas 77701. Phone numbers: work (409) 980-7275, or (24/7
Dispatch- (409) 880-3865)
D. Dr. Shannon Allen, BISD Associate Superintendent, Secondary Schools, 3395
Harrison, Beaumont, Texas 77706; (409) 617-5006.
APPROVED:
COUNTERSIGNED BY:
City of Beaumont Beaumont Independent School District
Emergency Management Coordinator Associate Superintendent, Secondary Schools
City of Beaumont Beaumont Independent School District
Public Health Director Director of Curriculum and Instruction,
Supervisor for BISD Nurses
Addendum 1 of
Mutual Aid Agreement
Page 3 of 3
Addendum #2 to
Mutual Aid Agreement between Beaumont and BISD
(Evacuation)
ADDENDUM #2 TO MUTUAL AID AGREEMENT BETWEEN
BEAUMONT INDEPENDENT SCHOOL DISTRICT AND THE CITY OF BEAUMONT
This Addendum #2 is agreed to and executed by and between the Beaumont Independent
School District ("BISD" or "the District") and the City of Beaumont ("the City" or "Beaumont").
The following clarification is provided for continuity and .specificity purposes to provide an
understanding of anticipated roles, procedures, and requests in relation to the Mutual Aid
Agreement ("MAA"), specifically Paragraph 15. To the extent that the terms of this Addendum
are contrary to the terms of the MAA the terms of this Addendum shall control and be binding on
the parties, as follows:
I. PURPOSE
In the event evacuation of the City is required, the City anticipates a need for coordination
between the City Office of Emergency Management ("OEM") and BISD with regard to
transportation and with the following expectations:
II. EVACUATION PROCEDURE
A. Beaumont anticipates approximately 3,500 general population evacuees based on triage
guidance established by current Function Need Support Services ("FNSS") guidelines.
Approximately 200 pets are expected to accompany this population.
B. For planning purposes, the City has traditionally initiated mandatory evacuation in
coordination with the countywide phased approach which begins at 8:00 AM for the
coastal communities, and at 10:00 AM for Beaumont.
C. Once the evacuation process begins, the Parties intend on continuing the evacuation
without stopping until evacuation is complete. Evacuation will be concluded prior to onset
of tropical force winds with enough time preceding those wind speeds to clear evacuating
buses from the storm's wind field. Current U.S. Army Corp of Engineers (USAGE)
evacuation time estimates reflect 32 hours to conduct an evacuation from within the City
of Beaumont.
III. ASSEMBLY SITES
D. West Brook High School will serve as the main evacuation point for general population. A
number of other schools will serve as assembly sites, including:
a. Beaumont United High School
b. MLK and Smith Middle Schools, and
c. Charlton Pollard, Guess, Jones -Clark, Lucas, Martin and Pietzch-Macarthur
Elementary Schools
Addendum 2 of
Mutual Aid Agreement
Page 1 of 4
Addendum #2 to
Mutual Aid Agreement between Beaumont and BISD
(Evacuation)
E. Buses will be available to transport community members from the assembly site to the
evacuation point. During the period of evacuation community members will be able to
leave their vehicles in the parking lots of the assembly sites. Bathrooms will be made
available on site.
F. BISD buses will be assigned to each assembly site and make trips carrying people and
luggage to the Evacuation Point as frequently as safely possible.
G. The evacuation point will serve both as an assembly site, and as an embarkation site where
citizens board transport vehicles to be taken out of Beaumont. Both gyms and the hallway
to the cafeteria, as well as all parking lots will be used for processing.
H. West Brook High School may also serve as a reception site upon the return of the evacuees
and operate in reverse.
I. BISD police officers will support Beaumont PD officers assigned to provide security and
parking oversight at the assembly sites and evacuation point.
IV. EVACUATION DESTINATION
J. Designated reception site OEM will facilitate hotel arrangements for drivers and
authorized immediate family members.
K. Personnel will be on per -diem status during deployment and any meals provided to all staff
should be documented to ensure assessment of appropriate per -diem rates. Each will be
required to submit an ICS 214 form for each shift to the Beaumont EOC.
V. TRANSPORTATION OF EVACUEES
L. Beaumont anticipates using State aid for transportation of general population evacuees out
of Beaumont; however, if those assets are unavailable, BISD school buses will be
requested. BISD will provide volunteer bus drivers when available. In case sufficient State
buses are unavailable, and BISD volunteer bus drivers are insufficient to cover the need,
BISD will provide City approved drivers with "just -in -time -training" to operate the
remaining buses needed and submit documentation for reimbursement as required in the
Agreement.
M. Maintenance and sheltering of transportation assets from the City and/or the BISD will be
facilitated by the designated reception site OEM if needed. The designated reception site
OEM will facilitate bus staging/parking/security, driver lodging, and transportation of the
drivers from the bus staging location to the lodging facility. Drivers will remain on per -
diem status from the respective agency/jurisdiction. Drivers will not be sheltered with
general population.
Addendum 2 of
Mutual Aid Agreement
Page 2 of 4
Addendum #2 to
Mutual Aid Agreement between Beaumont and BISD
(Evacuation)
N. Maintenance and sheltering of transportation assets provided through State Contract will
be managed as per contract upon unloading evacuees.
O. The City of Beaumont Public Health Department will make ambubus conversion kits for
buses available to accommodate non-ambulatory passengers. The average capacity for
non-ambulatory riders per bus is twelve (12) patients plus two medics. At least one bus
will be outfitted with a conversion kit to provide more immediate use for periodic mass
casualty emergencies that arise or for use during Hurricane Season.
P. The City may coordinate with BISD to make a bus available for the transportation of caged
pets. The City personnel will remove and store the seats and replace them once use is
complete.
VI. EVACUATION TRAVEL PLAN
Q. A primary and alternate route for northbound evacuation will be determined based on the
reception site identified.
R. Beaumont will request State aid for rest stops at appropriate locations along the identified
evacuation route.
S. The City will provide route and site maps documenting the traffic management plan for
each of the planned primary and alternate reception locations.
T. Beaumont will provide a communication plan for BISD which will, at a minimum, include
landline, email, cellular, and satellite contact methods.
U. Command and coordination for the convoy will remain with the Beaumont Emergency
Operations Center ("EOC") and Disaster District Committee 15/Beaumont
("DDCI5Beaumont") until the convoy enters the receiving jurisdictions of responsibility
at which time command and coordination will transfer to the designated reception site
EOC and DDC. Route assistance and support needs will be coordinated between the
appropriate EOCs and DDCs. At a minimum, a convoy progress update/status check will
be provided by Beaumont to the designated reception site once the convoy reaches a
midpoint, regardless of remaining route taken.
V. Beaumont anticipates authorizing re-entry immediately upon a determination that public
health and safety hazards warrant return. In the event that the emergency has passed, return
of evacuees will commence immediately or at such time as agreed upon between the City
and the designated reception site EOCs. If a disaster does impact the City, a short time is
required for assessments of the highly industrialized area to ensure critical infrastructure
and key resources are sufficient to authorize complete or partial reentry. Additional
sheltering of at least 1-3 days should be anticipated and available.
VII. COMMUNICATION
Addendum 2 of
Mutual Aid Agreement
Page 3 of 4
Addendum #2 to
Mutual Aid Agreement between Beaumont and BISD
(Evacuation)
W. During any EOC evacuation or major incident, all public information messages from the
City and the South East Texas Regional Planning Committee Council of Government
("SETRPC COG") are posted on the City's Public Safety Website. This information is
available for re -posting and will include general assessment information. Additionally, all
applicable situation reports for the EOC will be provided to the designated reception site
OEM and will be maintained as "For Official Use Only." Re -posting of any information
contained therein will be coordinated through the City's EOC and/or Public Information
Office. The City will also provide direct access to the City's WebEOC account upon
request. This enables an alternate source for situational awareness, power outage reports,
and other information as well as an alternate communication link.
VIII. COST
X. BISD will track all appropriate costs related to provision of mutual aid specific to
providing transportation for and supporting the Beaumont evacuees and will provide
appropriate documentation to the City of Beaumont sufficient to meet FEMA standards
and requirements for reimbursement.
IX. PRIMARY CONTACTS
A. Tim Ocnaschek, City of Beaumont, Emergency Management Coordinator, 700 Orleans,
Beaumont, Texas 77701. Phone numbers: work (409) 980-7275, or (24/7 Dispatch- (409)
880-3865)
B. Dr. Shannon Allen, BISD Associate Superintendent, Secondary Schools, 3395 Harrison,
Beaumont, Texas 77706; (409) 617-5006.
APPROVED:
City of Beaumont
Emergency Management Coordinator
COUNTERSIGNED BY:
Beaumont Independent School District
Associate Superintendent, Secondary Schools
Addendum 2 of
Mutual Aid Agreement
Page 4 of 4
Addendum #3 to
Mutual Aid Agreement between Beaumont and BISD
(General)
ADDENDUM #3 TO MUTUAL AID AGREEMENT BETWEEN
BEAUMONT INDEPENDENT SCHOOL DISTRICT AND THE CITY OF BEAUMONT
This Addendum #3 is agreed to. and executed by and between the Beaumont Independent
School District ("BISD" or "the District") and the City of Beaumont ("the City" or "Beaumont").
The following clarification is provided for continuity and specificity purposes to provide an
understanding of anticipated roles, procedures, and requests in relation to the Mutual Aid
Agreement ("MAA"), specifically Paragraph 15. To the extent that the terms of this Addendum
are contrary to the terms of the MAA, the terms of this Addendum shall control and be binding on
the parties, as follows:
I. PURPOSE
The City anticipates a need for general coordination and collaboration with BISD to promote
overall all phases of emergency management, to include prevention, preparedness, response,
recovery and mitigation. To that end, coordination between Beaumont Office of Emergency
Management ("OEM") and BISD is outlined with the following expectations:
II. OBLIGATIONS OF DISTRICT
A. Designated BISD representative(s) will be pre -approved for direct access, sheltering, and
partnership with the City Emergency Operations Center ("EOC") for routine planning,
training, and EOC activations. BISD will provide a representative in the City of Beaumont
EOC during relevant emergencies.
B. BISD will provide parking and facility space for City responders and equipment as
available. It is understood that certain hardened parking sites are prioritized for Entergy
which has first right of refusal. The City requests the first right of refusal prior to
authorizing use of space by other entities or agencies, except for those areas pre -designated
for use as Entergy staging sites.
C. BISD will track all appropriate costs related to the provision of mutual aid specific to
supporting City operations and will provide appropriate documentation to the City of
Beaumont sufficient to meet FEMA standards and requirements for reimbursement.
III. OBLIGATIONS OF CITY
A. The Beaumont Police Department will provide immediate armed emergency response or
full tactical emergency response if needed within any BISD facility.
B. Personnel assigned by the City EMO will staff any operations conducted within BISD
facilities, and may request assistance from BISD employees if available. At a minimum,
Addendum 3 of
Mutual Aid Agreement
Page 1 of 3
Addendum #3 to
Mutual Aid Agreement between Beaumont and BISD
(General)
this assistance will include BISD personnel with facility keys, knowledge of facility
security and layout, building services, etc.
C. The City will conduct a security plan and ADA worksheet on each site identified for
potential use for City sponsored operations which will be maintained as security sensitive
information at the EMO.
D. Notification by City EMO of desire to initiate coordinated operations at a BISD facility
will be made as early as the need becomes evident, or when mandatory evacuations are
announced for hurricane -related disasters.
E. Beaumont and BISD officers will coordinate communications through existing
interoperable radio talkgroups, as well as landline, email, and cellular contact methods as
appropriate.
F. Beaumont Emergency Management will provide a communication plan for BISD, which
will at a minimum include 800mhz radio, landline, email, fax, cellular, and satellite contact
methods.
G. During any EOC evacuation and/or evacuation, all public information messages from the
City of Beaumont and the South East Texas Regional Planning Committee Council of
Government ("SETRPC COG") ' are posted on the City of Beaumont Public Safety
Website. This information is available for re -posting. This will include general assessment
information. Additionally, all applicable situation reports for the EOC will be provided to
BISD and will be maintained as For Official Use Only. Re -posting of any information
contained therein will be coordinated. through the City of Beaumont EOC/PIO.
H. BISD will also be provided direct access to the City's WebEOC account for key personnel
upon need or request. This enables an alternate source for situational awareness, power
outage reports, and other information as well as an alternate communication link.
IV. PRIMARY CONTACTS
A. Tim Ocnaschek, City of Beaumont, Emergency Management Coordinator, 700 Orleans,
Beaumont, Texas 77701. Phone numbers: work (409) 980-7275, or (24/7 Dispatch- (409)
880-3865)
B. Dr. Shannon Allen, BISD Associate Superintendent, Secondary Schools, 3395 Harrison,
Beaumont, Texas 77706;. (409) 617-5006.
Addendum 3 of
Mutual Aid Agreement
Page 2 of 3
Addendum 43 to
Mutual Aid Agreement between Beaumont and BISD
(General)
APPROVED: COUNTERSIGNED BY:
City of Beaumont Beaumont Independent School District
Emergency Management Coordinator Associate Superintendent, Secondary Schools
Addendum 3 of
Mutual Aid Agreement
Page 3 of 3
Addendum 44 to
Mutual Aid Agreement between Beaumont and BISD
(Closed POD)
ADDENDUM #4 TO MUTUAL AID AGREEMENT BETWEEN
BEAUMONT INDEPENDENT SCHOOL DISTRICT AND THE CITY OF BEAUMONT
This Addendum #4 is agreed to and executed by and between the Beaumont Independent
School District ("BISD" or "the District") and the City of Beaumont ("the City" or "Beaumont").
The following clarification is provided for continuity and specificity purposes to provide an
understanding of anticipated roles, procedures, and requests in relation to the Mutual Aid
Agreement ("MAA"), specifically Paragraph 15. To the extent that the terms of this Addendum are
contrary to the terms of the MAA, the terms of this Addendum shall control and be binding on the
parties, as follows:
I. PURPOSE
In the event of a Public Health Emergency event in the State of Texas, local and
regional health and medical infrastructure and associated resources will be quickly committed to
providing the necessary treatment and supporting strategies to effectively respond to a potential
evolving event or to support the response to an actual event. Expectations are that the existing
local and regional medical and health infrastructure will also be compromised due to lack of
adequate staff, equipment, and pharmaceutical support available due to the impacts and
demands of the event. Therefore, resources from the state, federal, and private sector will be
quickly mobilized to augment local and regional medical and health resources and support the
effective management and distribution of the Strategic National Stockpile ("SNS"). Large
employers can assist in this endeavor by providing employees and their families direct support
that reduces the number of citizens having to use general population points of distribution.
Specifics required to participate in this function are set out below.
A. Definitions
Push Site - During a public health emergency that requires preventive medications be
provided to large numbers of people, a Push Site is a facility within a jurisdiction that is
designated to either receive medication or to pick up medication in order to provide it to a
group of people who would otherwise have to travel to a point of dispensing ("POD")
to receive the preventive medication. Push sites must have medical or pharmaceutical
personnel and volunteers capable of providing the preventive medications to the facility
population, staff, and others as locally determined.
i. RSS Push Site — Receives medications directly from the State Receive,
Store and Stage ("RSS") warehouse facility.
ii. Local Push Site — Picks up medications from a pre -determined site away
from the general public. May receive a delivery of the medications
from the initial delivery site, IF such delivery plans have been made by
the local health department.
Addendum 4 of
Mutual Aid Agreement
Page 1 of 4
Addendum #4 to
Mutual Aid Agreement between Beaumont and BISD
(Closed POD)
B. Use of Facility and Staff
1. As a Local Push Site, the District agrees to send designated staff to a pre -determined
location that has been agreed to by the City and the District, to pick-up the SNS
materials, supplies, antibiotics, and/or vaccines. The District agrees to provide the City
with names and identifying information of those staff who are designated to pick-up
the SNS materials, supplies, antibiotics, and/or vaccines.
2. As a Local Push Site, the District agrees to make arrangements to provide security
escorts for their staff if appropriate and available.
3. The District agrees to provide the City with the estimated total number of people (adults
and children) who will receive preventive medications at the District so that an
appropriate amount of SNS material may be ordered.
4. The District agrees to be responsible for maintaining the physical security and integrity of
the SNS materials received and to comply with the handling instructions provided by the
City.
5. The District agrees to return unopened, unused antibiotics and/or vaccine to the City.
6. The District agrees to use the Health History forms provided by the City Public Health
Department and to submit copies of the completed Health History forms to the City
following the public health emergency.
7. The District agrees to develop a detailed plan and/or Standard Operating Guideline
("SOG") for providing preventive medications to its population, staff, and others
during a public health emergency that requires preventive medications be provided to
large numbers of people in the jurisdiction where the District is located and further
agrees to allow the City to review its plan and/or SOG.
C. City of Beaumont
1. The City agrees to ship preventive medications for the District to the pre -designated
location where staff of BISD, a Local Push Site, will pick up the materials, based on
the apportionment and pre -determined, estimated number of people (children and
adults) to receive preventive medication at the District.
Addendum 4 of
Mutual Aid Agreement
Page 2 of 4
Addendum #4 to
Mutual Aid Agreement between Beaumont and BISD
(Closed POD)
2. The City agrees to provide training on mass dispensing/mass vaccination to the District
medical or pharmaceutical personnel and other staff and volunteers, prior to a public
health emergency, if the training is requested.
3. The City agrees to provide instructions and standing delegation orders to the District.
4. The City agrees to provide Health History forms to the District and to accept completed
Health History forms from the District following the public health emergency.
5. The City agrees to receive unopened, unused antibiotics and/or vaccine from the
District following the public health emergency.
D. Contact Information
1. The District agrees to provide the City with the appropriate facility 24-hour per day 7 -day
per week contact information, and update this information as necessary.
2. The City agrees to provide the District with the contact information of those who are
authorized to notify the District in the event of an emergency requiring the use of the
District as a Push Site.
E. Confidentiality
1. To the extent allowed by the law, the District and the City agree that they will not
disclose this agreement and that the subject matter of this agreement is sensitive and
confidential. This document is maintained by or for a governmental entity for the
purpose of responding to an act of terrorism and relates to a tactical plan of
governmental providers and thus should be confidential under Government Code
§418.176(a)(2).
F. Costs
1. BISD will track all appropriate costs related to the -provision of maintaining a Local Push
Site and will provide appropriate documentation to the City sufficient to meet FEMA
standards and requirements for reimbursement.
G. Primary Contacts
1. The District and the City intend that the work under this agreement shall be carried out in
the most efficient manner possible. To that end, the parties intend to designate individuals
that will serve as primary contacts. The District and the City intend that, to the
maximum extent possible and unless otherwise approved by the other, all significant
communications shall be made through the primary contacts or their designees. The
designated primary contacts for each party are the City of Beaumont Public Health Director
Addendum 4 of
Mutual Aid Agreement
Page 3 of 4
Addendum #4 to
Mutual Aid Agreement between Beaumont and BISD
(Closed POD)
or EMC and the Executive Director of Curriculum and Instruction, Supervisor for BISD
Nurses and Associate Superintendent for Secondary Schools. .
i. Sherry Ulmer, City of Beaumont Public Health Director, 950 College St.,
Beaumont, Texas 77705, (409) 832-4000
ii. Jenny Angelo, BISD Executive Director of Curriculum and Instructions, 4315
Concord Rd., Beaumont, TX 77703, (409) 617-5053
iii. Tim Ocnaschek, City of Beaumont Emergency Management Coordinator, 700
Orleans, Beaumont, Texas 77701. [Work] (409) 980-7275, or [24/7 Dispatch]
(409) 880-3865
iv. Dr. Shannon Allen, BISD Associate Superintendent, Secondary Schools, 3395
Harrison, Beaumont, Texas 77706; (409) 617-5006.
APPROVED: COUNTERSIGNED BY:
City of Beaumont
Emergency Management Coordinator
Beaumont Independent School District
Associate Superintendent, Secondary Schools
City of Beaumont Beaumont Independent School District
Public Health Director Director of Curriculum and Instruction,
Supervisor for BISD Nurses
Addendum 4 of
Mutual Aid Agreement
Page 4 of 4
RESOLUTION NO.
WHEREAS, previously the City Council of the City of Beaumont, Texas approved
resolutions authorizing the Mayor, City Manager, City Attorney,. Emergency
Management Coordinator and other designees to execute mutual aid agreements
between the City of Beaumont and the Beaumont Independent School District (BISD)
for the purpose of emergency management and disaster planning to provide for the
protection of life and property in the event of an Emergency; and,
WHEREAS, a request has been made to revise the previous mutual aid
agreements and replace them with one (1) Mutual Aid Agreement and Addendums;
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 Mayor, City Manager, City Attorney, Emergency Management
Coordinator and other designees be and they are hereby authorized to execute a new
Mutual Aid Agreement and Addendums between the City of Beaumont and the
Beaumont Independent School District (BISD) for the purpose of emergency
management and disaster planning to provide for the protection of life and property in
the event of an Emergency.
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 15th day of
January, 2019.
- Mayor Becky Ames -
BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JANUARY 15, 2019 1:30 PM
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-2/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a resolution authorizing the City Manager to award a contract to Chief
Solutions, Inc., of Houston for the Sewer Evaluation -Work Order Contract
— Phase H Project
2. Consider a resolution approving the purchase and installation of bleacher covers
at the Beaumont Athletic Complex
COMMENTS
* Public Comment (Persons are limited to 3 minutes)
* Councilmembers/City Manager comment on various matters
WORK SESSION
* Review and discuss authorizing the sale of Temporary Housing Units following
Hurricane Harvey
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Claim of Edna Hornsby
Consider matters related to the deliberation of the purchase, exchange, lease or
value of real property in accordance with Section 551.072 of the Government
Code, to wit:
Specifically city -owned property at 3455 Sarah Street
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Kaltrina Minick at 880-3777.
i
January 15, 2019
Consider a resolution authorizing the City Manager to award a contract to Chief Solutions, Inc., of
Houston for the Sewer Evaluation Work Order Contract — Phase II Project
J
r
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director
MEETING DATE: January 15, 2019
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
award a contract to Chief Solutions, Inc., of Houston, Texas for the
Sewer Evaluation Work Order Contract — Phase II Project.
BACKGROUND
The Sewer Evaluation Work Order Contract — Phase II will be used to clean, televise, and evaluate
the City's sewer collection system to identify cost effective methods to rehabilitate defective
manholes and mainlines.
On December 20, 2018, two (2) bids were received for furnishing all labor, materials, equipment,
and supplies for the project. The bids are indicated in the table below:
Contractor
Contractor
Location
Total Bid Amount
Chief Solutions, Inc.
Houston, TX
$499,926.95
CSI Consolidated LLC DBA Aims Companies
Pearland, TX
$572,575.00
Engineer's Estimate
$458,060.00
Based on a review of the bids and required documents received, the Water Utilities Engineer
recommends awarding the project to Chief Solutions, Inc., the low bidder, in the amount of
$499,926.95. Chief Solution, Inc., is a certified MBE with the City of Beaumont.
A total of 730 calendar days are allocated for completion of the project.
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of the resolution.
BID TABULATION
Sewer Evaluation Work Order Contract -Phase O Bid No. WU111945
BID OPENING DATE December 20, 2018
The Bid Proposals s;�?
revl �d and to the best of my knowledge this is an rate tabulation of the bids received
iicirven
ois NguyenE, Wa UtiFJugineer Date: 12 2 812 01 8
ITEM NO. QUANTITY
UNIT
DESCRIPTION
Bid Schedule (Engineers Estimate)
Chief Solutions
Chief Davis
Houston, TX 77088
Bid Ad ustmeM Factor 1.1026
CSI Consolidated LLC DBA Alms
Companies
Kent Ford
Pearland, TX 77581
Bid Adiustment Factor 1.25
BASE BID ITEMS
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
UNIT PRICE
TOTAL
1
1
LS
Mobilization, including payment bond, performance bond, Insurance, and moving equipment to pro)ect (Not to exceed 5% of
Total Base Unit Prices
S 15,000.00
$ 15,000.00
S 16,539.00 $
18,539.00
S 18,750.00 S
18,750.00
2
30 ODO
LF
Clean 6'-10' Sewer All Depths
S 1.71
S 51 300.00
S 1.89 S
58,563.3B
S 2.14 S
64 125.00
3
15,C00
LF
Cleaning 12'-15' Sewer An Depths
S 1.97
$ 29 550.00
S 2.17 S
32 581.83
2.48 S
38 937.50
4
7,500
LF
Cleaning Vr-24" Sewer Ail Depths
$ 2.63
$ 19 725.00
S 290 S
21 748.79
$ 3.29 S
24 65625
5
2,000
LF
Cleaning 26°JD" Sewer All Depths
$ 525
S 10 500.00
S 5.79 S
11 577.30
$ 6.56 S
13 125.00
6
1,0D0
tF
Cleaning 32"-96" Sewer An Depths
S 10.50
S 10 500.00
$ 11.58 $
11 577.30
17-_ 13.13 $
13 125.00
7
7,500
LF
Cleaning 42"-48' Sewer All De
$ 15.75
$ 118 125.00
S 17.37 S
130 44.63
S 19.69 S
147 65625
8
1,0D0
LF
Cleaning 54"-72" Sewer Ali Depths
S 18.00
$ 18 000.00
19.85 S
19 846.80
$ 22.50 S
22 500.00
9
30,000
lF
TV Inspection 8'-10" Sewer All Depths
S 1.31
S 39 300.00
S 1.44 S
43,332.18
S 1.84 S
49125.00
10
15 O00
LF
TV In 'on 12"-15' Sewer All Depths
$ 1.31
$ 19 650.00
S 1.44 $
21 666.09
S 1.64 S
24.562-50
11
7500
LF
TV Inspection 16"-24"Sewer, All Depths
S 1.97
$ 14775.00
S 2.17 S
18 90.92
$ 2.46 S
18468.75
12
ZODO
LF
TV Inspection 26"-W Sewer An Depths
S 2.83
$ 5,260.00
290 S
5,799.68
$ 3.29 $
8,575.00
13
1 DDO
LF
TV Inspection 32"-36" Sewer All Depths
S 4.59
S 4 590.00
$ 5.08 $
5,080.93
S 5.74 S
5,737.50
14
7 500
LF
TV Inspection 42"-48' Sewer All Depths
S 5.25
$ 39 375.00
S 5.79 $
43 414.88
$ 6.56 S
49 18.75
15
1,M0
LF
TV Inspection 54"-72' Sewer All Depths
$ 6.58
$ 6,560.00
$ 7.231S
7,233.06
820 S
8,200.00
16
20
EACH Barricades Skins and Traffic Handling
$ 200.00
$ 4,000M
S 220.52 $
4A10.40
S 250.00 S
5,000.00
17
1
LS
Obstruction Removal b Excavation Alt Sizes An Depths
S 1 SD0.00
$ 1500.00
S 11.653.1 . S
1653.90
$ 1 875.00 S
1,875.00
18
1
LS
Obstruction Removal Remote Method (Set-upfor each Manhole Section All Sizes, All Depths)
$ 350.00
S 350.00
S 385.91 S
385.91
S 437.50 S
437.50
BASE BID QUANTITIES TOTAL
S 408 060.001
S
449.926.9S I
S
510 075.00
ALLOWANCE
ITEM NO.
QUANTITY
UNIT
DESCRIPTION
UNIT PRICE I
TOTAL I
UNIT PRICE 1
TOTAL I
UNIT PRICE I
TOTAL
1
1 1 1
ALLOW Unforseen Work as directed by the Owner
I S 50 000.00 1
$ 50 000.00 1
S 50,0D0.00 I S
50.D00.00 1
$ 62,500.00 1 S
62,500.
ALLOWANCE TOTAL
TOTAL BASE ITEMS + ALLOWANCE S
458,060.00
$
499,926.95 1
$
672,575.00
Page 1 of 1
CITY OF BEAUMONT
SCHEDULE OF MBE PARTICIPATION
NAME
CERTIFIED MBE CONTRACTOR
ADD SS
TYPE OF WORK
AGREED PRICE
Clue So ic�s�•+c, w111 Sal
Q0 O'ran KBE
11500 !+0- 05s y,,, R
goo.$ &,/ 7-k 7oSS
Grp`' TTl/
A-S�✓a �
The undersigned will enter into a formal agreement with MBE Contractors for work listed in this schedule
conditioned upon execution of a contract with the City of Beaumont.
NOTE: 1. This schedule should be submitted with your bid.
i
SI ATU
Pres t, J
TITLE
53
Finance
City of Beaumont, Texas
Certifies that
CHIEF SOLUTIONS, INC
Meets all the criteria established by the City of Beaumont,
.And thereby is duly registered as a Minority Business Enterprise,
To do business with the City of Beaumont and its agents as such.
This certification is valid until _ April 13, 2019
Todd A. Simoneaux, CPA, Chief Financial Officer
April 13, 2017
Certification Date
RESOLUTION NO.
WHEREAS, the City of Beaumont solicited bids for the Sewer Evaluation Work
Order Contract -Phase II Project; and,
WHEREAS, Chief Solutions, Inc., of Houston, Texas, submitted a complete bid
meeting specifications in the amount of $499,926.95; and,
WHEREAS, the City Council is of the opinion that the bid submitted by Chief
Solutions, Inc., of Houston, Texas, is the lowest responsible bidder providing the best
value to the City and 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 the City Council hereby approves the award of a contract to Chief
Solutions, Inc., of Houston, Texas, in the amount of $499,926.95, for the Sewer
Evaluation Work Order Contract -Phase II Project; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a Contract with Chief Solutions, Inc., of Houston, Texas, for the
purposes described herein.
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 15th day of
January, 2019.
- Mayor Becky Ames -
2
January 15, 2019
Consider a resolution approving the purchase and installation of bleacher covers at the Beaumont
Athletic Complex
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: January 15, 2019
REQUESTED ACTION: Council consider a resolution approving the purchase and
installation of bleacher covers at the Beaumont Athletic
Complex.
BACKGROUND
On December 11, 2018, a work session was held to discuss the need for bleacher covers at
Complex 2. The covers are a shade structure that will be installed to cover the softball field
bleachers at fields D, E and F.
Kraftsman Commercial Playgrounds and Water Parks of Spring, Texas will provide and install
the bleacher covers for $124,069.28. Pricing was obtained from Buyboard, a cooperative
purchasing association providing cities and political subdivisions with the means to purchase
specialized equipment at volume pricing. Buyboard complies with the State of Texas
procurement statutes.
FUNDING SOURCE
Capital Reserve Fund.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase and installation of bleacher
covers for use by the Parks & Recreation Division at the Beaumont Athletic Complex
from Kraftsman Commercial Playgrounds and Water Parks, of Spring, Texas, in the
amount of $124,069.28 through the Buyboard 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 15th day of
January, 2019.
- Mayor Becky Ames -
WORK SESSION
* Review and discuss authorizing the sale of
Temporary Housing Units following
Hurricane Harvey
BEAUMONT
TEXAS
Work Session
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: January 15, 2019
REQUESTED ACTION: Council conduct a Work Session to review and discuss authorizing
the sale of Temporary Housing Units (THUS) following Hurricane
Harvey.
BACKGROUND
Following the flooding caused by Hurricane Harvey, The Texas General Land Office (GLO) and
The Federal Emergency Management Agency (FEMA) worked to provide temporary housing in
the form of Temporary Housing Units (THUS) or portable, manufactured home vehicles. City
Council allowed the placement of these temporary units by authorizing a temporary suspension
of the zoning rules that normally prohibit such units (currently extended until March, 2019).
Under this temporary exemption, the City has permitted approximately 100 THUS within the
city.
In June, 2018, the GLO and FEMA asked for each jurisdiction's policies on extensions and/or
the possibility of selling THUS to individual residents. At that time, a Council Work Session
was conducted and as a result, the City's response was that there was support for an extension of
the use of THUs but an objection to the sale of THUS, given problems in the past.
In November, 2018, the GLO opened their local offices to begin processing applications for the
Homeowner's Assistance Program (HAP), the primary program for the repair and replacement of
flooded homes. Also in November, 2018, FEMA and the GLO announced that the "period of
assistance" for use of the THUs would be extended until August 25, 2019. However, FEMA
also indicated that following the end of the original eighteen (18) month "period of assistance"
(February 25, 2019), FEMA will begin charging monthly rent for the units and/or offering to sell
the units to individuals, assuming local jurisdictions approve of the sale.
Given the recent series of events, the Administration believes that there should be further
discussion as to whether or not to allow the sale of THUs. If the City were to allow the sale of
the THUS, staff could pursue their removal through enforcement of the zoning ordinance at a
certain time in the future.