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HomeMy WebLinkAboutPACKET OCT 01 2019BEAUMONT TE X A S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 1, 2019 1:30 PM CONSENT AGENDA * Approval of minutes — September 17, 2019 and September 24, 2019 * Confirmation of board and commission member appointments A) Approve a three percent increase in base wages and additional compensation for the City Manager; City Attorney; City Clerk and the Chief Magistrate B) Authorize a one year contract with the Art Museum of Southeast Texas for FY 2020 C) Authorize a one year contract with the Texas Energy Museum for FY 2020 D) Authorize a one year contract with BUILD, Inc., Beaumont Main Street for FY 2020 E) Authorize a one year contract with the Beaumont Heritage Society/John Jay French Museum for FY 2020 F) Authorize a one year contract with the Southeast Texas Arts Council for FY 2020 G) Authorize a one year contract with the Downtown Beaumont Cultural Arts District for FY 2020 H) Approve the write-off of uncollectible water accounts for which each individual account exceeds $1,000 I) Authorize the execution of two Temporary Work Space Easements with Lone Star NGL Pipeline LP J) Authorize the execution of two Pipeline License Agreements with Enterprise TE Products Pipeline Company LLC K) Authorize the execution of two Utility Crossing Agreements with Enterprise TE Products Pipeline Company LLC L) Authorize the City Manager to execute the renewal of lease agreements with Bar C Ranch for the Southeast Texas Auto Theft Task Force M) Authorize the settlement of the claim of Lester Leday N) Approve a resolution nominating Lauren Williams Mason to the Board of Directors of the Jefferson Central Appraisal District D BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: October 1, 2019 REQUESTED ACTION: Council consider a resolution approving a three percent increase in base wages and additional compensation for the City Manager; City Attorney; City Clerk and the Chief Magistrate. BACKGROUND (1) The City Manager would receive a 3% increase in base wages. The City of Beaumont would provide additional compensation in the amount of $25,000 to the City Manager for contribution to a retirement account or program or other purpose of his choice. All other allowances, compensation, benefits, terms and conditions of employment with the City of Beaumont would remain the same. (2) ' The City Attorney would receive a 3% increase in base wages. The City of Beaumont would provide additional compensation in the amount of $25,000 to the City Attorney for contribution to a retirement account or program or other purpose of his choice. All other allowances, compensation, benefits, terms and conditions of employment with the City of Beaumont would remain the same. (3) The City Clerk would receive a 3% increase in base wages. She would also receive a car allowance of $300 per month. The City of Beaumont would provide additional compensation in the amount of $15,000 to the City Clerk for contribution to a retirement account or program or other purpose of her choice. All other allowances, compensation, benefits, terms and conditions of employment with the City of Beaumont would remain the same. (4) The Chief Magistrate would receive a 3% increase in base wages. The City of Beaumont would provide additional compensation in the amount of $15,000 to the Chief Magistrate for contribution to a retirement account or program or other purpose of his choice. All other allowances, compensation, benefits, terms and conditions of employment with the City of Beaumont would remain the same. The above changes would be effective October 1, 2019. FUNDING SOURCE Funds are available in the General Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE The City Manager would receive a 3% increase in base wages. The City of Beaumont would provide additional compensation in the amount of $25,000 to the City Manager for contribution to a retirement account or program or other purpose of his choice. All other allowances, compensation, benefits, terms and conditions of employment with the City of Beaumont would remain the same; and, BE IT FURTHER RESOLVED THAT the City Attorney would receive a 3% increase in base wages. The City of Beaumont would provide additional compensation in the amount of $25,000 to the City Attorney for contribution to a retirement account or program or other purpose of his choice. All other allowances, compensation, benefits, terms and conditions of employment with the City of Beaumont would remain the same; and, BE IT ALSO RESOLVED THAT the City Clerk would receive a 3% increase in base wages. She would also receive a car allowance of $300 per month. The City of Beaumont would provide additional compensation in the amount of $15,000 to the City Clerk for contribution to a retirement account or program or other purpose of her choice. All other allowances, compensation, benefits, terms and conditions of employment with the City of Beaumont would remain the same; and, BE IT ALSO RESOLVED THAT the Chief Magistrate would receive a 3% increase in base wages. The City of Beaumont would provide additional compensation in the amount of $15,000 to the Chief Magistrate for contribution to a retirement account or program or other purpose of his choice. All other allowances, compensation, benefits, terms and conditions of employment with the City of Beaumont would remain the same. NOTWITHSTANDING the foregoing compensation, all other compensation, allowances, benefits, terms and conditions of employment with the City of Beaumont shall be pursuant to City policy and the Charter of the City of Beaumont, as with other civilian employees. This resolution shall be effective October 1, 2019. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, 2019. - Mayor Becky Ames - a TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 1, 2019 REQUESTED ACTION: Council consider a resolution authorizing a one year contract with the Art Museum of Southeast Texas in the amount of $180,000. for FY 2020. BACKGROUND The City of Beaumont (City) -and the Art Museum of Southeast Texas (AMSET) entered into a lease agreement on December 30, 1986 whereby the City and AMSET agreed to a 99 -year, lease on the land and building to be used as an art museum. The City supports AMSET with annual allocations, major maintenance on the facility in accordance with the lease agreement; and garbage removal. In return, AMSET is open to the general public and strives to provide programs and service's to the entire community. FUNDING SOURCE $80,000 from the Hotel Occupancy Tax Fund and $100,000 from the General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one-year financial assistance agreement, substantially in the form attached hereto as Exhibit "A," between the Art Museum of Southeast Texas (AMSET) and the City of Beaumont in the amount of $180,000.00 for FY 2020. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, 2019. - Mayor Becky Ames - AGREEMENT FOR THE OPERATION OF AN ART MUSEUM WHEREAS, the Art Museum of Southeast Texas, a Texas non-profit corporation, hereinafter referred to as "Museum", and the City of Beaumont, a municipal corporation of the State of Texas, hereinafter referred to as "City", agree as follows: 1. City hereby hires and engages Museum to operate an art museum open to the public on the premises leased from the City and described in the lease between the parties dated December 30, 1986 and made a part hereof for all purposes (herein "the premises"). Museum agrees to accept such hiring and hereby agrees to operate such art museum. 2. This agreement shall be for a term of one year commencing October 1, 2019. The City agrees to pay museum the sum of Forty -Five Thousand Dollars ($45,000) per quarter. Of the total annual sum of One -Hundred Eighty Thousand ($180,000) Dollars, Eighty Thousand ($80,000) Dollars will be derived from the Hotel Occupancy Tax authorized by Tax Code Section 351.001 et.seq. which requires that such funds be expended for arts and .historical events or projects that directly enhance and promote tourism and the convention and hotel industry. .93 Expenditure of the Eighty Thousand ($80,000) Dollars from Hotel Occupancy Tax (HOT) funds shall be related to the purposes established by Tax Code Section 351.101(a)(4). EXHIBIT "A" I 4. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of the Museum will attend the seminar. 5. The Museum shall submit quarterly reports in the format provided by the City reflecting the activities of Museum as they relate to the HOT funds authorized in this contract. A City or Museum may terminate this Agreement for cause if either party defaults in the performance of any covenant or condition of this Agreement. Prior to such termination, City or Museum must provide the other party with written notice of such default and if the party does not cure the default within fifteen (15) days after the giving of notice the party giving such notice may terminate the Agreement by written notice. 7. City shall allow Museum and its employees, volunteers, patrons and guests to use fifty (50) designated parking spaces in the City owned parking lot lying directly to the east across Main Street from the premises during periods of use of the premises. Otherwise such spaces may be used for City's Civic Center and theater event parking. In addition, the City shall provide free parking for buses transporting school children to the art museum. Said parking places to be as available and as directed by the City's Civic Center director at a site convenient to the Museum. Parking spaces on the premises shall be available for City's use during periods when the premises are not in actual use. EJ The Museum agrees to indemnify, hold harmless and defend, at its own expense, the City of Beaumont and its officers, agents, servants and employees, from and against any and all claims, causes of action and damages of every kind arising out of or in conjunction with the execution, performance attempted performance or non- performance of this contract or from the operations and actions of the Art Museum of Southeast Texas (AMSET), its officers, agents and employees and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees carried out under the terms of this agreement. IN WITNESS, WHEREOF City and Museum have executed or caused to be executed by their authorized officers or agents this Agreement on the day of , 2019. CITY OF BEAUMONT ART MUSEUM OF SOUTHEAST TEXAS Kyle Hayes City Manager ATTEST: go City Clerk By: Name: Title: ATTEST: By: _ Name: Title: c BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 1, 2019 REQUESTED ACTION: Council consider a resolution authorizing a one year contract with the Texas Energy Museum in the amount of $95,000 for FY 2020. BACKGROUND The City is entitled to utilize revenues derived from the hotel -motel occupancy tax for historic preservation and the promotion of tourism. The Texas Energy Museum meets the above. criteria by highlighting the history, along with current developments, of the oil industry in the Southeast Texas region. FUNDING SOURCE Hotel Occupancy Tax Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one-year financial assistance agreement, substantially in the form attached hereto as Exhibit "A," between the Texas Energy Museum and the City of Beaumont in the amount of $95,000.00 for FY 2020. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, 2019. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Texas Energy Museum, herein called "TEM", is as follows: WITNESSETH: WHEREAS, V.T.C.A., Tax Code Section 351.001 et.seq., authorizes the City to levy by ordinance,, a hotel tax which may not exceed seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(5), authorizes the City to use a portion of the revenues derived from its hotel occupancy tax for historical restoration, and preservation projects or activities or advertising and conducting solicitation and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums at or in the immediate vicinity of convention center facilities or located elsewhere in the municipality or its vicinity that would be frequented by tourists; and, for projects that directly enhance and promote tourism and convention activities. WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the City desires to provide financial assistance to TEM. NOW, THEREFORE, the City and TEM agree as follows: 1. City agrees to pay to TEM the amount of Ninety -Five Thousand ($95,000) Dollars. The payment provided for herein will be made quarterly in the amount of Twenty -Three Thousand Seven -Hundred ($23,750) Dollars per quarter commencing October 1, 2019 from funds as available and collected from the hotel occupancy tax. EXHIBIT "A" Any funds not expended by TEM will be retained by TEM to be reallocated for similar purposes by approval of City. 2. All expenditure of funds shall be reasonably related to the purposes established by V.T.C.A. Tax Code Section 351.101(a)(5). 3. The TEM is an independent contractor and is not an officer, agent or employee of the City. 4. In return for the payments provided for herein, TEM agrees to operate for the period October 1, 2019 to September 30, 2020. 5. The TEM shall submit quarterly reports in the format provided by the City reflecting the activities of TEM as they relate to this contract. The TEM shall submit such reports quarterly commencing January 15, 2020. 6. The City Manager of City or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the TEM. 7. Upon termination of this agreement or any extension thereof, unless it be renewed, the TEM shall deliver to the City all funds paid under this contract that it may have and all removable personal property that may have been purchased with funds derived from said tax. 8. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of TEM will attend the seminar. J 9. TEM agrees to indemnify, save harmless, and defend the City of Beaumont from any and all claims, causes of action and damages of every kind arising from the operations of TEM, its officers, agents and employees, including the officers, agents, and employees involved in TEM operation and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms, of this agreement. EXECUTED this the day of , 2019. ATTEST: City Clerk ATTEST: am Name: Title: CITY OF BEAUMONT By: Kyle Hayes City Manager TEXAS ENERGY MUSEUM, INC. IR Name: Title: 0 51 BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 1, 2019 REQUESTED ACTION: Council consider a resolution authorizing a one year contract with BUILD, Inc., Beaumont Main Street in the amount of $75,000 for FY 2020. BACKGROUND The Beaumont Main Street program has established a partnership between public and private sectors that is dedicated to the revitalization of Beaumont's Historic Central Business District. The annual contribution from the City will be matched with other local funds and used to promote downtown business development and retention. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. I RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one-year financial assistance agreement, substantially in the form attached hereto as Exhibit "A," between BUILD, Inc., Beaumont Main Street and the City of Beaumont in the amount of $75,000.00 for FY 2020. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, 2019. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § This agreement is made and entered into by and between the City of Beaumont, Texas, a municipal corporation of the State of Texas, hereinafter called "City", acting herein by and through its duly authorized City Manager, and BUILD, Inc., Beaumont Main Street, a non-profit corporation, hereinafter called "BUILD", acting herein by and through its President. WHEREAS, the City believes that economic development . and downtown revitalization are crucial to the continued economic success of City and believes that BUILD should be retained to carry out a program of work on behalf of City to accomplish these goals; NOW, THEREFORE, in consideration of the mutual promises made herein, the City and BUILD agree as follows: STATEMENT OF WORK City does hereby enter into a contract with BUILD to provide a comprehensive range of plans and projects in Beaumont directed at economic development and downtown revitalization by: a) promoting the physical and social development, redevelopment and economic well being of downtown Beaumont; b) creating an environment in the downtown area which is conducive to residential, commercial, employment, recreational and cultural -artistic revitalization; c) attracting new employers; EXHIBIT "A" J d) complying with all provisions of the Contract for Services - Urban Main Street program between BUILD and the Texas Historical Commission. COMPENSATION City hereby agrees to pay to BUILD during the term of this a4greement Seventy- five Thousand Dollars ($75,000) from the City's General Fund. BUILD agrees to raise at least Seventy -Five Thousand ($75,000) in additional funding from the private sector to match the City's financial commitment. DISBURSEMENT Payment to BUILD will be made on a reimbursement basis and those payments will be supported by proper verifiable documentation. RECORDS AND REPORTS BUILD shall submit quarterly reports in the format provided by the City reflecting their activity as they relate to this contract. BUILD shall submit such reports quarterly commencing January 15, 2020. SUSPENSION AND TERMINATION The term of this agreement will be October 1, 2019, through September 30, 2020. Suspension and/or termination may occur if BUILD fails to comply with any or all provisions of this agreement or for convenience. INDEPENDENT CONTRACTOR BUILD is an independent contractor and is not an officer, agent, or employee of the CITY. ACCESSIBILITY OF RECORDS The City retains the right to inspect and/or audit the records of BUILD, Inc. as they consider necessary to assure compliance with this agreement. LOSS, DAMAGE, PERSONAL INJURY BUILD agrees to indemnify, hold harmless and defend, at its own expense, the City of Beaumont and its officers, agents, servants and employees, from and against any and all, claims, causes of action and damages of every kind arising out of or in conjunction with the execution, performance attempted performance or non- performance of this contract or from the operations and actions of BUILD, Inc., its officers, agents and employees and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees carried out under the terms of this agreement. EXECUTED this the day of , 2019. CITY OF BEAUMONT Kyle Hayes City Manager ATTEST: City Clerk BUILD, INC. BEAUMONT MAIN STREET By: Name: Title: ATTEST: By: Name: Title; E BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 1, 2019 REQUESTED ACTION: Council consider a resolution authorizing a one year contract with the Beaumont Heritage Society/John Jay French Museum in the amount of $47,000 for FY 2020. BACKGROUND The City of Beaumont is entitled to utilize revenues derived from the hotel -motel occupancy tax for historic preservation and the promotion of tourism. John J. French, an early settler in Beaumont, built the Greek Revival home which has been faithfully restored. The home contains furniture and fixtures from the mid 19th century and is a tourist attraction for our city. FUNDING SOURCE Hotel Occupancy Tax Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one-year financial assistance agreement, substantially in the form attached hereto as Exhibit "A," between the Beaumont Heritage Society/John Jay French Museum and the City of Beaumont in the amount of $47,000.00 for FY 2020. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, 2019. - Mayor Becky Ames — STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City"., and the Beaumont Heritage Society operating the John J. French Museum, herein called "Museum", is as follows: WITNESSETH: WHEREAS, V.T.C.A., Tax Code Section 351.001 et.seq., authorizes the City to levy by ordinance, a hotel tax which may not exceed seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(5), authorizes the City to use a portion of the revenues derived from its hotel occupancy tax "for historical restoration and preservation projects or activities or advertising and conducting solicitation and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums at or in the immediate vicinity of convention center facilities or located elsewhere in the municipality or its vicinity that would be frequented by tourists; and," WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(5), the City desires to provide financial assistance to Museum for historical restoration, preservation, and tourism in Beaumont: Page 1 EXHIBIT "A" NOW, THEREFORE, the City and Museum agree as follows: 1. City agrees to pay. to Museum the amount of Forty -Seven Thousand ($47,000) Dollars. The payment provided for herein will be made quarterly in the amount of Eleven Thousand Seven Hundred and Fifty Dollars ($11,750) per quarter commencing October 1, 2019 from funds as available and collected from the hotel occupancy tax. Any funds not expended by Museum will be retained by Museum to be reallocated for similar purposes by approval of City. 2. All expenditure of funds shall be reasonably related to the purposes established by V.T.C.A. Tax Code Section 351.101(a)(5). 3. The Museum is an independent contractor and is not an officer, agent or employee of the City. 4. In return for the payments provided for herein, Museum agrees to operate for the period October 1, 2019 to September 30, 2020. 5. The Museum shall submit quarterly reports in the format provided by the City reflecting the activities of the Museum as they relate to this contract. The Museum shall submit such reports quarterly commencing January 15, 2020 6. The City Manager of City or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the Museum. Page 2 7. Upon termination of this agreement or any extension thereof, unless it- be renewed, the Museum shall deliver to the City all funds paid under this contract that it may have and all removable personal property that may have been purchased with funds derived from said tax. 8. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of the Museum will attend the seminar. 9. The Beaumont Heritage Society agrees to indemnify, hold harmless and defend, at its own expense, the City of Beaumont and its officers, agents, servants and employees, from and against any and all claims, causes of action_ and damages of every kind arising out of or in conjunction with the execution, performance, attempted performance or nonperformance of this contract or from the operations and actions of the Beaumont Heritage Society/John Jay French Museum, its officers, agents and employees and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms of this agreement. Page 3 EXECUTED this the day of , 2019. ATTEST: City Clerk ATTEST: By: _ Name: Title: Page 4 CITY OF BEAUMONT Kyle Hayes City Manager BEAUMONT HERITAGE SOCIETY By: _ Name: Title: F BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 1, 2019 REQUESTED ACTION: Council consider a resolution authorizing a one year contract with the Southeast Texas Arts Council (SETAC) in the amount of $30,000 for FY 2020. BACKGROUND The City is entitled to utilize revenues derived from the hotel -motel occupancy tax to promote the arts. The city provides funding to SETAC to offset a portion of the production of the magazine "Off Ramp" highlighting local events and "Tear Off' Attraction Maps for distribution to hotels. Funds are also provided to SETAC as a flow-through to other programs and exhibitions that bring artists to the area and promote the rich musical heritage of the area. SETAC ensures Hotel Occupancy Tax funds are used appropriately by the receiver programs and exhibitions. Remaining funds are used for operating expenses. FUNDING SOURCE Hotel Occupancy Tax Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the .City Manager be and he is hereby authorized to execute a one-year financial assistance agreement, substantially in the form attached hereto as Exhibit "A," between the Southeast Texas Arts Council (SETAC) and the City of Beaumont in the amount of $30,000.00 for FY 2020. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, 2019. - Mayor Becky Ames - THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Southeast Texas Arts Council, a Texas non-profit corporation, herein called "Council', is as follows: WITNESSETH WHEREAS, V.T.C.A. Tax Code Section 351.001 et.seq., authorizes the City to use revenue derived from its hotel occupancy tax "for general promotional and tourist advertising of the city and its vicinity and conducting a solicitation and operating program to attract conventions -and visitors, either by the City or through contracts with persons or organizations selected by the City; and, WHEREAS, V.T.C.A. Tax Code Section 351.101(a)(4), authorizes the City to use a limited portion of the revenue derived from its hotel occupancy tax for the encouragement, promotion, improvement and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution and exhibition of these major art forms; and, for projects that directly enhance and promote tourism and the convention industry. WHEREAS, the Southeast Texas Arts Council is the proper organization to provide assistance in the responsible distribution of public funds for support of the arts in Beaumont; Page 1 EXHIBIT "A" Now, Therefore, the City and the Council agree as follows: 1. The payment of the total amount of Thirty Thousand ($30,000) Dollars by City to Council will be made from funds as available and as collected from the Hotel Occupancy Tax. Payments of Two Thousand Five -Hundred Dollars ($2,500) will be made monthly for twelve (12) months commencing October 1, 2019. Any funds not expended for the projects and purposes approved will be retained by the Council to be reallocated for similar arts purposes by approval of the City. 2. All expenditure of funds from the Hotel Occupancy Tax shall be reasonably related to the purposes established by V.T.C.A. Tax Code 351.101(a)(4). 3. The Council is an independent contractor and is not an officer, agent or employee of the City. 4. The Council shall submit quarterly reports in the format provided by the City reflecting the activities of the Council as they relate to this contract. The Council shall submit such reports quarterly commencing January 15, 2020. 5. The City Manager or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the Council. 6. It is understood and agreed that either party may terminate this contract by giving to the other party notice in writing of said termination thirty (30) days in advance. 7. Upon termination of this agreement, unless it be renewed, the Council shall deliver to the City all funds paid under this contract that it may have and all removable personable property that may have been purchased with funds derived from said tax. Page 2 8. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of the Council will attend the seminar. 9. Council agrees to indemnify, save harmless, and defend the City of Beaumont from any and all claims, causes of action and damages of every kind arising from the operations of Council, its officers, agents and employees, including the officers, agents, and employees involved in museum operation and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms of this agreement. EXECUTED this the day of , 2019. ATTEST: By: City Clerk ATTEST: By: Name: Title: CITY OF BEAUMONT By: Kyle Hayes City Manager SOUTHEAST TEXAS ARTS COUNCIL By: Name: Title: Page 3 G BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 1, 2019 REQUESTED ACTION: Council consider a resolution authorizing a one year contract with the Downtown Beaumont Cultural Arts District (DBCAD) in the amount of $30,000 for FY 2020. BACKGROUND The City is entitled to utilize revenues derived from the hotel -motel occupancy tax to promote the arts. The city will provide funding to DBCAD to enhance tourism and the hotel industry by planning and presenting special events and activities. Funds are to be provided to DBCAD as a flow-through to other programs and exhibitions that bring artists to the area and promote further development into downtown. DBCAD will ensure Hotel Occupancy Tax funds are used appropriately by the receiver programs and exhibitions. Remaining funds are used for operating expenses. FUNDING SOURCE Hotel Occupancy Tax Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a one-year financial assistance agreement, substantially in the form attached hereto as Exhibit "A," between the Downtown Beaumont Cultural Arts District (DBCAD) and the City of Beaumont in the amount of $30,000.00 for FY 2020. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, 2019. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement between the City of Beaumont, a municipal corporation, herein called "City", and the Downtown Beaumont Cultural Arts District, herein called "DBCAD", is as follows: WITNESSETH: WHEREAS, V.T.C.A., Tax Code Section 351.001 et.seq., authorizes the City to levy by ordinance, a hotel tax which may not exceed seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, V.T.C.A. Tax Code Section 351.101 (a)(4), authorizes the City to use a portion of the revenues derived from its hotel occupancy tax for the encouragement, promotion, improvement and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution and exhibition of these major art forms; and, for projects that directly enchance and promote tourism and enhance and promote convention activities. WHEREAS, under the authority of V.T.C.A. Tax Code Section 351.101(a)(4), the City desires to provide financial assistance to DBCAD. NOW, THEREFORE, the City and DBCAD agree as follows: 1. City agrees to pay to DBCAD the amount of Thirty Thousand ($30,000) Dollars. The payment provided for herein will be made quarterly in the amount of EXHIBIT "A" Twenty -Five Hundred ($7,500) Dollars per quarter commencing October 1, 2019 from funds as available and collected from the hotel occupancy tax. Any funds not expended by DBCAD will be retained by DBCAD to be reallocated for similar purposes by approval of City. 2. All expenditure of funds shall be reasonably related to the purposes established by V.T.C.A. Tax Code Section 351.101(a)(4). 3. The DBCAD is an independent contractor and is not an officer, agent or employee of the City. 4. In return for the payments provided for herein, DBCAD agrees to operate for the period October 1, 2019 to September 30, 2020. 5. The DBCAD shall submit quarterly reports in the format provided by the City reflecting the activities of DBCAD as they relate to this contract. The DBCAD shall submit such reports quarterly commencing January 15, 2020. 6. The City Manager of City or his designated representative shall, upon reasonable notice, have the right to inspect all books and records of the DBCAD. 7. Upon termination of this agreement or any extension thereof, unless it be renewed, the DBCAD shall deliver to the City all funds paid under this contract that it may have and all removable personal property that may have been purchased with funds derived from said tax. 8. Funding under this contract will require that should a seminar be held during the term of this contract designed to assure that expenditures of Hotel Occupancy Tax funds are made in compliance with the Act, a representative of DBCAD will attend the seminar. 9. DBCAD agrees to indemnify, save harmless, and defend the City of Beaumont from any.and all claims, causes of action and damages of every kind arising from the operations of DBCAD, its officers, agents and employees, including the officers, agents, and employees involved in DBCAD operation and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms of this agreement. EXECUTED this the day of , 2019. ATTEST: in City Clerk ATTEST: Name: Title: CITY OF BEAUMONT am Kyle Hayes City Manager Downtown Beaumont Cultural Arts District IN Name: Title: H BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: October 1, 2019 REQUESTED ACTION: Council consider a resolution approving the write-off of uncollectible water accounts totaling $22,921.02 for which each individual account exceeds $1,000. BACKGROUND This request is in accordance with the City's current write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off an individual account receivable identified as uncollectible with a balance due that exceeds $1,000.00. All accounts have been terminated for at least one year and collection efforts have been unsuccessful. The termination dates for these accounts range from April of 2017 through March of 2018. A detailed report is attached. A customer with a written -off account will not be able to obtain new water service with the City until the delinquent. balance has been paid. If at any time it is determined such a customer is associated with a new or an existing account, the written off amount will be reinstated and transferred to that account for payment. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT, in accordance with adopted policy, the Council hereby approves the write-off of uncollectible water accounts totaling $22,921.02 for which each individual account exceeds $1,000, as shown on Exhibit "A," attached hereto; and, BE IT FURTHER RESOLVED THAT these debts are not being extinguished or forgiven and if, at any time, an account becomes collectible after having been written off, the receivable shall be adjusted accordingly and the balance of the account shall be reinstated and payments shall be applied to that balance. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, 2019. - Mayor Becky Ames PREPARED 9/10/19, 15:57:44 COLLECTION REPORT PROGRAM UT212L City of Beaumont - Customer Service ------------------------------------------------------------------------------------------------------------------------------------ SELECTION CRITERIA: TERMINATIONS THRU DATE: 3/31/18 SELECT TRAM. DATE: FROM LOWEST TO HIGHEST AMOUNT GREATER THAN: 1,000.01 AMOUNT LESS THAN: .00 COLLECTION AGENCY: * ALL HELD ACCOUNTS: HELD ONLY ORDER: CUSTOMER NAME r E PREPARED 9/10/19, 15:57:44 COLLECTION REPORT PAGE 2 PROGRAM UT212L COLLECTION AGENCY - IN HOUSE City of Beaumont - Customer Service -------------------------------------------------------------------------------------------------------------------=---------------- CUSTOMER ID/NAME ALTERNATE CUSTOMER ID PHONE NUMBER MAILING ADDRESS - - - - - - MISCELLANEOUS INFORMATION - - LOCATION ID/LOCATION ADDRESS TRANSACTION TRANSACTION CURRENT TERMINATION TOTAL CREDIT HELD LOCATION DATE AMOUNT BALANCE DATE OFFENSES EXCEPTION ------------------------------------------------------------------------------------------------------------------------------------ 143279 ALEX III,GILBERT J 605 SHAMROCK ST BEAUMONT 150396 605 SHAMROCK ST 438771 CARRINGTON,PLESHETTE 695 PALM ST BEAUMONT 192462 695 PALM ST 100135 GREER,KATINA R 1212 ELGIE ST APT E BEAUMONT 410848 1212 ELGIE ST E 448567 HENRY,ANESSA D 600 PALM ST BEAUMONT 192418 600 PALM ST 060841786706 (832) 748-6858 CUSTOMER'S BIRTHDATE 12/12/1957 TX 77701-5638 9/10/19 1,432.29 1,432.29 C (409) 351-5564 CUSTOMER'S BIRTHDATE 03/21/1976 TX 77705-5212 9/10/19 1,356.56 1,356.56 6%13/17 100 2/15/18 20 040771236705 (409) 434-3539 CUSTOMER'S BIRTHDATE 01/20/1984 TX 77705-3553 9/10/19 1,371.85 1,371.65 7/13/17 TX 77705-521 227055 JAMES,ARULINA 3504 EDMONDS ST BEAUMONT TX 77705-281 419660 3504 EDMONDS 436063 TONES,RONTU D 2099 DOWLEN RD APT 12 BEAUMONT TX 77706-336 409258 2507 LUCAS E 124431 KING,STEPBEN A 2486 PIERCE ST BEAUMONT TX 77703-222 197368 2486 PIERCE ST 82 CUSTOMER'S BIRTHDATE 237-8905/24/1968(F) 3 9/10/19 1,477.13 1,477.13 3/19/18 081032924801 (409) 499-3991 CUSTOMER'S BIRTHDATE 01/02/1989(F) 0 9/10/19 1,060.29 1,060.29 3/23/18 32 CUSTOMER'S BIRTHDATE 348-396/13/75(F) 2 9/10/19 1,325.22 1,325.22 050271524009 (409) 665-4563 CUSTOMER'S BIRTHDATE 11/30/1970 4 9/10/19 1,185.85 1,185.85 9/13/17 10/09/17 408101 LAMPKIN,DAVID (409) 527-2310 340 ELGIE E ST CUSTOMER'S BIRTHDATE 11/07/1969 BEAUMONT TX 77705-2529 148754 340 ELGIE E ST 9/10/19 1,173.50 1,173.50 2/09/18 448437 MCWHORTER,DWIGHT DARNEL (337) 655-0474 1230 MADISON CUSTOMER'S BIRTHDATE 11-28-1994 BEAUMONT TX 77701-7417 411266 1230 MADISON 9/10/19 1,067.17 1,067.17 10/17/17 285295 ROBERSON,PAMELA L 092503695008 (409) 454-7122 3670 MC HALE CUSTOMER'S BIRTHDATE 11/13/1961 BEAUMONT TX 77708 422826 3670 MC HALE 9/10/19 •6,648.57 6,648.57 6/27/17 30 27 62 68 6 153 15 294 4/29/06 YES YES 4/29/06 YES YES 4/29/06 YES YES 4/29/06 YES YES YES 4/29/06 YES PREPARED 9/16/19, 15:57:44 COLLECTION REPORT PAGE 3 PROGRAM UT212L COLLECTION AGENCY - IN HOUSE City of Beaumont - Customer Service -------------------------------------------------------- --------------------------------------------------------------------------- CUSTOMER ID/NAME ALTERNATE CUSTOMER ID PHONE NUMBER MAILING ADDRESS - - - - - - MISCELLANEOUS INFORMATION - - - - - - - - - - - - - - - - - - - - LOCATION ID/LOCATION ADDRESS TRANSACTION TRANSACTION CURRENT TERMINATION TOTAL CREDIT HELD LOCATION DATE AMOUNT BALANCE DATE OFFENSES EXCEPTION ------------------------------------------------------------------------------------------------------------------------------------ 437815 SEARS,TYREE. (409) 273-8755 455 E GILL ST CUSTOMER'S BIRTHDATE 08/26/96 BEAUMONT TX 77703-3207 209388 455 GILL E ST 9/10/19 1,607.90 1,607.90 4/04/17 35 YES 48885 SEL1,S,RENELLA E 020690639310 (409) 350-7924 3935 REED ST CUSTOMER'S BIRTHDATE 08/01/1978 4/29/06 BEAUMONT TX 77705-3959 158008 3935 REED ST 9/10/19 2,024.78 2,024.78 7/13/17 141 YES 437775 TURNER,ERICA (409) 330-6195 1875 TRINIDAD ST CUSTOMER'S BIRTHDATE 10/01/1990 BEAUMONT TX 77703-1605 150682 1875 TRINIDAD ST 9/10/19 1,189.91 1,189.91 7/05/17 41 YES *** COLLECTION AGENCY TOTALS- NO. OF CUSTOMERS- 13 22,921.02 22,921.02 DELETED RECORDS .00 .00 f 1 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager , PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: October 1, 2019 REQUESTED ACTION: Council consider a resolution. authorizing the execution of two Temporary Work Space Easements with Lone Star NGL Pipeline LP. BACKGROUND On August 27, 2019, City Council approved Resolution No. 19,476 accepting two 30' pipeline easements from Lone Star NGL Pipeline LP to expand its export capacity to its Nederland facility to accommodate the loading of additional propane and butane volumes. Lone Star NGL Pipeline LP is requesting two temporary work space easements. The temporary work space easements are described as being a 0.12 acre out of a 2,183.50 acre of land situated in the C. Hillebrandt League, Abstract No. 28 and a 0.63 acre tract out of a 500 acre of land situated in the Samuel Stivers League, Abstract No. 51. The additional temporary work space will be needed for their bore pit and drill entry. . Lone Star will pay the City of Beaumont a total of $720.00 for the two easements. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, Lone Star NGL Pipeline, LP has requested the City to accept two (2) temporary work space easements, situated in the C. Hillebrandt and Samuel Stivers Leagues, as described and shown in Exhibits "A", respectively, attached hereto, to the City of Beaumont for the additional temporary work space for their bore pit and drill entry; and, WHEREAS, the City Council has considered the execution of said temporary work space easements and is of the opinion that said temporary work space easements are necessary and the same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute the temporary work space easements as described above to Lone Star NGL Pipeline, LP for consideration of $720.00. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, 2019. - Mayor Becky Ames - PROJECT: Lone Star NGL Pipeline LP TRACT: TX -JE -079.310 COUNTY: Jefferson County, Texas NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER ADDITIONAL TEMPORARY WORK SPACE EASEMENT THIS ADDITIONAL TEMPORARY WORK SPACE EASEMENT ("Temporary Easement") made this day of , 2019, City of Beaumont, whose address is 801 Main Street, Beaumont, Texas 77701 (hereinafter called "Grantor" whether one or more). For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant, bargain, sell, convey and deliver unto Lone Star NGL Pipeline LP, a Delaware limited partnership, whose mailing address is 1300 Main Sheet, Houston, Texas 77002, its successors and assigns (hereinafter collectively, referred to as "Grantee"), a non-exclusive temporary work space easement, being 0.12 acres in size and as approximately shown on the Exhibit, attached hereto and made a part hereof, for Grantee and its successors, assigns, agents, employees and other representatives during the construction to maintain, use, repair, replace, modify, alter and restore the temporary workspace area ("Temporary Easement Area") located within the following property in Jefferson County, Texas more particularly described below, together with all other lights as may be reasonably necessary for the full use and enjoyment thereof. Being a 2,183.50 acre tract of land being that certain tract of land out of the northern portion of the Christian Hillebrandt League, Abstract No. 28, Jefferson County, Texas. The consideration received for this Temporary Easement includes payment for reasonable anticipated damages caused by the use of the Temporary Easement. In addition to the purposes set forth above, the rights granted under this Easement shall belong to the Grantee and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of it for the purposes of establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, altering, substituting, operating, maintaining, accessing, surveying, and inspecting. Grantee's use of the Temporary Easement Area shall be for a period (the "Term") commencing on the date upon which Grantor executes this Easement ("Execution Date") and terminating on the earlier of (i) the date upon which Grantee completes its work and has no further use for the Temporary Easement Area, or (ii) the date that is eighteen (18) months from the commencement of construction. Grantee shall have the right to clear and keep the Temporary Easement Area cleared of all trees, brush, undergrowth, buildings, structures, improvements or other obstructions, though Grantee has no obligation to do so. Except for damages arising for the foregoing and excluding reasonable anticipated damages for which consideration has already been paid, Grantee shall repair any and all extraordinary damage done to the Temporary Easement Area caused by the exercise of any rights granted hereby. Further, Grantee shall restore the Temporary Easement Area and adjacent surface area disturbed during Grantee's use, as much as is reasonably practicable, to substantially the same condition that existed immediately preceding Grantee's use of the Temporary Easement Area. Grantor shall not, during the Term of the Temporary Easement, (a) place any building, structure, improvement, trees, bushes or other obstruction within or upon the Temporary Easement, (b) alter the ground surface or grade of the Temporary Easement Area, or (c) take any other action inconsistent with the rights granted to Grantee hereunder. Grantee shall have the right, at its option and cost, to install gates in any fences crossing said Temporary Easement Area. Upon the expiration of this Temporary Easement, Grantee shall restore the ground surface as nearly as practicable. All fixtures, equipment, and improvements placed on or fixed to the Property by Grantee shall remain the property of Grantee and Grantee shall have the right to remove any or all of its property from the Temporary Easement Area. Grantor represents and warrants to Grantee that Grantor is the owner in fee simple of the lands above described and the persons signing this agreement are all those necessary to convey the rights set forth herein. EXHIBIT "A" PROJECT: Lone Star NGL Pipeline LP TRACT: TX -JE -079.310 COUNTY: Jefferson County, Texas Grantee understands that Grantor has not inspected the condition of the Temporary Easement and surrounding properties. Grantee's right to enter the Property and utilize the road is on an "AS IS" basis and at the sole risk of Grantee with respect to the condition of the Temporary Easement Area in its current condition, with all defects, if any. Grantee may freely assign the rights hereby granted, either in whole or in part. This Temporary Easement and all of its terms, provisions and obligations therein shall be covenants running with the land affected thereby and shall inure to the benefit of and be binding upon Grantor and Grantee and their respective heirs, executors, administrators, successors and assigns. This Temporary Easement may be executed in several counterparts, each of which shall be an original of this agreement but all of which, taken together, shall constitute one and the same Temporary Easement and be binding upon the parties who executed any counterpart, regardless of whether it is executed by all parties named herein. This Temporary Easement constitutes the entire agreement and supersedes any and all prior oral understandings and/or agreements, if any, concerning the subject of this Temporary Easement. Grantor confirms and agrees that Grantor has been made no promise or agreement by Grantee or any agent of Grantee (which is not expressed or referenced specifically within the Temporary Easement in executing this Temporary Easement, that Grantor is not relying upon any statement or representation of Grantee or any agent of Grantee and that Grantor's execution of this Temporary Easement is free and voluntary; this Temporary Easement may not be modified or amended except on or after the date hereof by a writing signed by the party against whom said modification or amendment is to be enforced and no party shall be liable or bound to any other party in any manner except as specifically set forth herein. IN WITNESS WHEREOF, with intent to be legally bound hereby, Grantor has executed this instrument this day of 2019. GRANTOR: CITY OF BEAUMONT By: Printed Name: Kyle Haves Title: City Manager STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENT BEFORE ME, the undersigned authority, on this day personally appeared Kyle Haves, City Manager of the City of Beaumont, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such municipal corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of , 2019. Notary Public, State of Texas Please Return To: Lone Star NGL Pipeline LP PO Box 122 Crosby, TX 77532-0122 100 0 100 III SCALE IN FEET • s LONE STAR NGL PIPELINE LP , EXHIBIT OF CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY: JNIII SHEET: 1 OF 1 CHECKED BY: RJB SCALE: AS SHOWN APPROVED BY: PGN DATE: 4/4/19 MPH GIS FILE: TX—JE-079.310—ATWS—EXHBIT MR. L-1i- -HOUMA FAC LITY- -- — -- � 333 Corpomlo Drlve o _= me m • Houmo, Louisivno 70360 Morris P. Hebert IRC. 985-879-2731 FAX: 985-876-9052 -HOUSTON FACILITY- 14Y.It'IIdL•!.\Llft'fMl.\4•tYIIYUA'LF4Ytil et'In'IPt'+•YIlLU YLNYIIY'+•L'I. 10101 S -h West Fmewny, S.I. 620 FIRM No. 10142100 Houston. T —.77074 713-219-1470 FAX:713-219-1471 NiplAvww.mplJnacom 100 0 100 III SCALE IN FEET • s LONE STAR NGL PIPELINE LP , EXHIBIT OF CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY: JNIII SHEET: 1 OF 1 CHECKED BY: RJB SCALE: AS SHOWN APPROVED BY: PGN DATE: 4/4/19 MPH GIS FILE: TX—JE-079.310—ATWS—EXHBIT Lone Star NGL Pipeline LP Tract: TX -JE -079.310 County: Jefferson Check: RECEIPT AND RELEASE THE UNDERSIGNED, for and in consideration of the sum, One Hundred Twenty and 00/100 dollars ($120.00),paid to the undersigned by Lone Star NGL Pipeline LP the receipt of which is hereby acknowledged, does hereby remise, release and discharge Lone Star NGL Pipeline LP, their respective successors and assigns, from any and all actions and causes of actions, debts, claims and demands whatsoever which the undersigned, its successors or assigns, now have or may hereafter have against said. Lone Star NGL Pipeline LP, its successors and assigns for or on account of any inconvenience caused the undersigned or on account of any injury or damage which have been or which may be done to any property, real or person, on, in or about the lands of the undersigned know as Jefferson County, Texas by reason of or on account of the pipeline construction activities of Lone Star NGL Pipeline LP. The terms, covenants, and provisions of this Receipt And Release shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the executing parties. IN WITNESS WHEREOF, the undersigned have hereunto set their hand this day of , Recipient Date 74-6000278 FIN or SSN Agent Date 2010-1 Payment Statement Tract Number: TX -JE -079.310 Landowner Name(s): City of Beaumont I Orbit Lone Star Total Payment for Right of Way Total Payment for Anticipated Damages Description of Anticipated Damages $120.00 Total Payment for ATWS Total Payment for Anticipated Damages Description of Anticipated Damages Total Payment for Access Roads Total Payment for Surface Site $120.00 Total Payment Amount Landowner Date Landowner Date Right of Way Agent Date PROJECT: Lone Star NGL Pipeline LP TRACT: TX -JE -077.000 COUNTY: Jefferson County, Texas NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER ADDITIONAL TEMPORARY WORK SPACE EASEMENT THIS ADDITIONAL TEMPORARY WORK SPACE EASEMENT ("Temporary Easement'D made this day of 2019, City of Beaumont, whose address is 801 Main Street, Beaumont, Texas 77701 (hereinafter called "Grantor" whether one or more). For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant, bargain, sell, convey and deliver unto Lone Star NGL Pipeline LP, a Delaware limited partnership, whose mailing address is 1300 Main Street, Houston, Texas 77002, its successors and assigns (hereinafter collectively, referred to as "Grantee"), a non-exclusive temporary work space easement, being 0.63 acres in size and as approximately shown on the Exhibit, attached hereto and made a part hereof, for Grantee and its successors, assigns, agents, employees and other representatives during the construction to maintain, use, repair, replace, modify, alter and restore the temporary workspace area ("Temporary Easement Area") located within the following property in Jefferson County, Texas more pal ticularly described below, together with all other rights as may be reasonably necessary for the full use and enjoyment thereof. Being 500 acres of land, more or less, situated in the Samuel Slivers League, Abstract No. 51, Jefferson County, Texas. The consideration received for this Temporary Easement includes payment for reasonable anticipated damages caused by the use of the Temporary Easement. In addition to the purposes set forth above, the lights granted under this Easement shall belong to the Grantee and its agents, employees, designees, contractors, guests, invitees, successors and assigns, and all those acting by or on behalf of it for the purposes of establishing, laying, constructing, reconstructing, installing, realigning, modifying, replacing, improving, altering, substituting, operating, maintaining, accessing, surveying, and inspecting. Grantee's use of the Temporary Easement Area shall be for a period (the "Term") commencing on the date upon which Grantor executes this Easement ("Execution Date") and terminating on the earlier of (i) the date upon which Grantee completes its work and has no further use for the Temporary Easement Area, or (ii) the date that is eighteen (18) months from the commencement of construction. Grantee shall have the right to clear and keep the Temporary Easement Area cleared of all trees, brush, undergrowth, buildings, structures, improvements or other obstructions, though Grantee has no obligation to do so. Except for damages arising for the foregoing and excluding reasonable anticipated damages for which consideration has already been paid, Grantee shall repair any and all extraordinary damage done to the Temporary Easement Area caused by the exercise of any rights granted hereby. Further, Grantee shall restore the Temporary Easement Area and adjacent surface area disturbed during Grantee's use, as much as is reasonably practicable, to substantially the same condition that existed immediately preceding Grantee's use of the Temporary Easement Area. Grantor shall not, during the Term of the Temporary Easement, (a) place any building, structure, improvement, trees, bushes or other obstruction within or upon the Temporary Easement, (b) alter the ground surface or grade of the Temporary Easement Area, or (c) take any other action inconsistent with the rights granted to Grantee hereunder. Grantee shall have the right, at its option and cost, to install gates in any fences crossing said Temporary Easement Area. Upon the expiration of this Temporary Easement, Grantee shall restore the ground surface as nearly as practicable. All fixtures, equipment, and improvements placed on or fixed to the Property by Grantee shall remain the property of Grantee and Grantee shall have the right to remove any or all of its property from. the Temporary Easement Area. Grantor represents and warrants to Grantee that Grantor is the owner in fee simple of the lands above described and the persons signing this agreement are all those necessary to convey the rights set forth herein. PROJECT: Lone Star NGL Pipeline LP TRACT: TX -JE -077.000 COUNTY: Jefferson County, Texas Grantee understands that Grantor has not inspected the condition of the Temporary Easement and surrounding properties. Grantee's right to enter the Property and utilize the road is on an "AS IS" basis and at the sole risk of Grantee with respect to the condition of the Temporary Easement Area in its current condition, with all defects, if any. Grantee may fieely assign the lights hereby granted, either in whole or in part. This Temporary Easement and all of its terms, provisions and obligations therein shall be covenants running with the land affected thereby and shall inure to the benefit of and be binding upon Grantor and Grantee and their respective heirs, executors, administrators, successors and assigns. This Temporary Easement may be executed in several counterparts, each of which shall be an original of this agreement but all of which, taken together, shall constitute one and the sarne Temporary Easement and be binding upon the parties who executed any counterpart, regardless of whether it is executed by all parties named herein. This Temporary Easement constitutes the entire agreement and supersedes any and all prior oral understandings and/or agreements, if any, concerning the subject of this Temporary Easement. Grantor confirms and agrees that Grantor has been made no promise or agreement by Grantee or any agent of Grantee (which is not expressed or referenced specifically within the Temporary Easement in executing this Temporary Easement, that Grantor is not relying upon any statement or representation of Grantee or any agent of Grantee and that Grantor's execution of this Temporary Easement is free and voluntary; this Temporary Easement may not be modified or amended except on or after the date hereof by a writing signed by the party against whom said modification or amendment is to be enforced and no party shall be liable or bound to any other party in any manner- except as specifically set forth herein. IN WITNESS W-kIEREOF, with intent to be legally bound hereby, Grantor has executed this instiument this day of 2019. GRANTOR: CITY OF BEAUMONT By: Printed Name: Kyle Haves T Title: City Manager STATE OF TEXAS COUNTY OF JEFFERSON ACKNOWLEDGMENT BEFORE ME, the undersigned authority, on this day personally appeared Kyle Haves, City Manager of the City of Beaumont, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of such municipal corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2019. Notary Public, State of Texas Please Return To: Lone Star NGL Pipeline LP PO Box 122 Crosby, TX 77532-0122 SYMBOLS I FGFND ^001 LONESTAR P/L ® SUBJECT TRACT ®ADDITIONAL TEMPORARY WORKSPACE (ATWS) ';', TEMPORARY WORKSPACE (TWS) PIPELINE EASEMENT L..1 OFFLINE TRACTS JEFFERSON C0 UNTY, TE,YAS SAM UE, LSTIVERSLEA GUE, A-51 T,Y—JE-077.000 CITY OF BEA UMONT ATWSACRF5- 0 6 300 0 300 SCALE IN FEET _ LONE STAR NGL PIPELINE LP EXHIBIT OF CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY: I JNIII SHEET: 1 OF 1 CHECKED BY: RJB SCALE: AS SHOWN APPROVED BY: PGN DATE- 4/4/19 MPH GIS FILE: TX—J E-077. 000—ATWS—EXH BIT -HOUMA FACILITY- __ 287 C.W—Drive � � � � • Houmw Lonlsinna 70760 _� _� _� _Morris P. Hebert Inc. Hebert, Inc 985-879-2771 FAX: 985.876-9052 IlousroNFACILrn.. ei el Y.Ylfr. •C'.r.IL%1'HI1r• • l0.1 reap Ui.'tTA1 +1'Y411'{'� • 1'li'10 • rrC 10,015oaN Wed FrceN9y, Salm 620 Hounon. Tcx.. 77074 FIRM No. 10142100 717-219-1470PAX: 7u•219-1471 hnPJ(www.mphlnucom JEFFERSON C0 UNTY, TE,YAS SAM UE, LSTIVERSLEA GUE, A-51 T,Y—JE-077.000 CITY OF BEA UMONT ATWSACRF5- 0 6 300 0 300 SCALE IN FEET _ LONE STAR NGL PIPELINE LP EXHIBIT OF CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY: I JNIII SHEET: 1 OF 1 CHECKED BY: RJB SCALE: AS SHOWN APPROVED BY: PGN DATE- 4/4/19 MPH GIS FILE: TX—J E-077. 000—ATWS—EXH BIT Lone Star NGL Pipeline LP Tract: TX -JE -077.000 County: Jefferson Check: RECEIPT AND RELEASE THE UNDERSIGNED, for and in consideration of the sum, Six Hundred Thirty and 00/100 dollars ($630.00),paid to the undersigned by Lone Star NGL Pipeline LP the receipt of which is hereby acknowledged, does hereby remise, release and discharge Lone Star NGL Pipeline LP, their respective successors and assigns, from any and all actions and causes of actions, debts, claims and demands whatsoever which the undersigned, its successors or assigns, now have or may hereafter have against said. Lone Star NGL Pipeline LP, its successors and assigns for or on account of any inconvenience caused the undersigned or on account of any injury or damage which have been or which may be done to any property, real or person, on, in or about the lands of the undersigned know as Jefferson County, Texas by reason of or on account of the pipeline construction activities of Lone Star NGL Pipeline LP. The terms, covenants, and provisions of this Receipt And Release shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the executing parties. IN WITNESS WHEREOF, the undersigned have hereunto set their hand this day of , Recipient .74-6000278 FIN or SSN Agent Date Date 2010-1 Payment Statement Tract Number: TX -JE -077.000 Landowner Name(s): City of Beaumont Orbit Lone Star Total Payment for Right of Way Total Payment for Anticipated Damages Description of Anticipated Damages Total Payment for Access Roads Total Payment for Surface Site $630'.00 Total Payment Amount Landowner Date Landowner Date Right of Way Agent Date J BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: October 1, 2019 REQUESTED ACTION: Council consider a resolution authorizing the execution of two Pipeline License Agreements with Enterprise TE Products Pipeline Company LLC. BACKGROUND Enterprise TE Products Pipeline Company LLC has requested.permission to install two pipelines. The first pipeline is a 16" carbon steel pipeline and the second pipeline is a 30" carbon steel pipeline. Both pipelines will cross a 20" water line, a 12" sewer line and a 16" water line east of West Port Arthur Road.and north and south of FM 3514. The two pipelines will transport ethane, and both will be constructed in accordance with City requirements. There is a one-time fee of $500.00 for each Pipeline License Agreement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the 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 accept two (2) Pipeline Crossing Agreements to Enterprise TE Products Pipeline, LLC substantially in the form attached hereto as Exhibit 'A," to install two (2) pipelines. The first pipeline is a sixteen inch (16") carbon steel pipeline and the second pipeline is a thirty inch (30") carbon steel pipeline. Both pipelines will cross a twenty inch (20") water line, a twelve inch (12") sewer line and a sixteen inch (16") water line east of West Port Arthur Road and north and south of FM 3514. The two pipelines will transport ethane. Said pipelines are 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 1st day of October, 2019. - Mayor Becky Ames - CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Enterprise TE Products Pipeline Company LLC Business Phone: (7q) 381-6500 Business Address: P.O. Box 4324, Houston TX 77210-4324 Attn: Timothy J. Dyk The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $635.00 (for the 16 -inch ethane pipeline crossing a 12" sewer line, a 20" PVC waterline, and a 16" waterline) hereby grants to Enterprise TE Products Pipeline Company LLC hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Street Name or R.O.W. Description Len � tgth ,Linear Feet) 20" water & 12" sewer E of WPA Rd, N of FM 3514 in 30' ROW 16" waterline S of FM 3514 in 30' ROW 1 EXHIBIT "A" 0 COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: ® License Agreement fee - $500.00 Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: 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 public rights-of-way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. 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 five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas _ Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sewer lines, water lines, or other'utiiities. 2 Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. o Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. a Operations along roadways shall be performed in such a manner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. 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) shall be obtained and a copy of such document shall be provided to the City. If agreement. is not required by said governmental entity, then documentation regarding. such will be provided to the City of Beaumont. . a Licensee shall provide copies of all necessary agreements to be obtained from other -City Departments. . :: 3 © 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. (1"=2,000' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City hire Department and Public York's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. © The Licensee shall be responsible for 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 and/or the Texas Department of Transportation. ® Permits which allow lines to be maintained or constructed in City right-of-way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) • 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 M 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. ® Licensee shall indemnify, save and hold harmless the City of Beaumont fiom any and all claims for injuries and damages to persons or property occasioned by or arising out of. the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the .City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences, under this license agreement. ® 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 R.O.W m City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, . to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of. the company, obtaining said permit. 5 Licensee shall marls the location of its lines within forty-eight (48),hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within . the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. o City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. ® Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of-way. 311 NOTIFICATION/INSPECTION: Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. o Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. ® Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to snake an inspection. SPECIAL CONDITIONS: Nonassig_nable 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 (3 0) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: Enterprise TE Products Pipeline company LLC P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: P.O. Box 4324, ATTN: Timothy I Dyk Attn: City Manager . City and State of Licensee: Houston, TX 77210-4324 7 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 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: By: 9DW6. Secretary I. CITY OF BEAUMONT, TEXAS Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) Enterprise TE Products Pipeline Company LLC Represented by: i Title' im t yk, Agent & Attorney -in -Fact jw � w - � 5 � a* �Y �� Y � Ik�a� �• ti 05Popp I :+ i`�� �� � . t t •,t} ' �'` d e ;�ytl%'/ t S , �'. `1 i kill' rt ♦ r,f 1 MP . �.. `?� !;. NAD 83 (2011) 1,305,432.76 Y= 10,886,774.48 'W,,��t � 'rlluu a t � yL • r ti / ` �Y� � �• •l}t7i' +1' � J.r�-' ncY'"R ti al« _ f \�/ r • a a. a s a �P«li � ,•q ,.f y ly �� ® ICY ��. II FENS ERMAKER, �2tia \ JEFFERSON COUNTY, TEXAS EXISTING AIR LIQUIDE PL BEAUMONT CITY LIMITS P� 02 N�\Nip o� -pEXISTING UNKNOWN G p NATRUAL GAS PL °2 PROPOSED 16" PIPELINE EXISTING SUNOCO ExIST qr/ G PL PL wPROPOSED PIPELINE INSTALLED BY z J 0_ CONVENTIONAL BORE METHOD W W >¢ >2y�WJ Z J �I EL WI n N (7 Z 0 Z F XU1 co W UXX) W N.G. I I N.G. 5' MIN. 5' MIN. 'I`'� C. H. Fenstermaker & Associates, L.L.0 ice. 135 Regency Sq. Lafayette, LA 70508 FENSTERMAKE'RI ph . 337-237-2200 Fax 337-232-3299 www.fenstermaker.com Texas Firm No. 10028500 L PROPOSED CROSS-SECTION 16" PIPELINE No Scale SHEET2OF4 NTERPRISE TE PRODUCTS PIPELINE COMPANY LLC PROPOSED 16" PIPELINE INSIDE CITY LIMITS OF BEAUMONT CROSSING UTILITIES JEFFERSON COUNTY, TEXAS MGR.: LJB REVISIONS INSP.: No.0 DATE: 08/29/2019 REVISED BY: JPR 08/23/2019 No. DATE: REVISED BY: IME: T:12018121883111DWG1CROSSING_FILESICITYOFBEAUMONTTCITYOFBEAUMONT.dw9 PROPOSED PIPELINE BORE DESIGN DATA 1.0 GENERAL INFORMATION ' 1.1 APPLICANT/OWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 12 PIPELINE NAME BEAUMONTTO PORT ARTHUR 1.3 PRODUCT: ETHANE 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR NOVEMBER 2019 - 2020 20 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE DEPARTMENT OFC OOT) STANDARD CFR TITLE 49, PART 195, `TRANSPORTATION OF HAZARDOUS LOU IDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME API 1102, STEEL PIPELINE CROSSING RAILROADS AND HIGHWAYS' 22 DESIGN PRESSURE 1480 PSIG 23 HYDROSTATIC TEST PRESSURE: 1850 PSIG MIN 2.4 DESIGN FACTOR: 0.5 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPELINE WILL BE INSTALLED BY HDD 5.0 HDD CARRIER LINE PIPE 5.1 OUTSIDE DIAMETER: 16.00' 5.2 WALLTHICKNESS:0.50D' 5.3 PIPE SPECIFICATION: API 5L 5.4 GRADE: X52 (52000 PSI) 5.5 MATERIAL CARBON STEEL 5.6 PROCESS OF MANUFACTUREERWOR SAW 5.7 EXTERIOR COATING: 1522 MILS FUSION BONDED EPDXY (FBE) & 30 - 40 MILS ARO 1.0 GENERAL INFORMATION 1.1 APPLICANTIOWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 12 PIPELINE NAME BEAUMONT To PORTARTHUR 1.3 PRODUCT: ETHANE 1.4 PROPOSED CONSTRUG71ONACTIVJTIES SCHEDULED FOR NOVEMBER 2019-2020 20 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE DEPARTMENT OF ('DOT) STANDARD CFRTITLE 49, PART 195, `TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE' AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME API 1102, 'STEEL PIPELINE CROSSING RAILROADS AND HIGHWAYS- 22 DESIGN PRESSURE 148D PSIG 2.3 HYDROSTATIC TEST PRESSURE 1850 PSIG MIN 2.4 DESIGN FACTOR: 0.72 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPELINE WILL BE INSTALLED BYOPENCUT 5.0 LINE PIPE 5.1. OUTSIDE DIAMETER: 16.00" 52 WALLTHICKNESS: 0.375' 5.3 PIPE SPECIFICATION: API 5L 5.4 GRADE X52 (52,000 PSI) 5.5 MATERIAL' CARBON STEEL 5.6 PROCESS OF MANUFACTURE ERW OR SAW 5.7 EXTERIOR COATING: 1-122 MILS FUSION BONDED EPDXY (FSE) 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 1.2 PIPELINE NAME BEAUMONT TO PORTARTHUR 1.3 PRODUCT: ETHANE 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR NOVEMBER 2019-2020 2.0 PIPELINE DESIGN DATA 21 DESIGN CODES: THE DEPARTMENT OF ('DOTS STANDARD CFR TITLE 49, PART 195, `TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" ANO THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME AN 1102. 'STEEL PIPELINE CROSSING RAILROADS AND HIGHWAYS- 22 IGHWAYS22 DESIGN PRESSURE 1480 PSIG 23 HYDROSTATIC TEST PRESSURE 1850 PSIG MIN 2.4 DESIGN FACTOR: 0.72 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPELINE WILL BE INSTALLED BY BORE 5.0 BORE LINE PIPE 5.1 OUTSIDE DIAMETER: 16.00' 5.2 WALL THICKNESS: 0.500" 5.3 PIPE SPECIFICATION: API SL 5.4 GRADE X52 (52,000 PSI) 5.5 MATERIALCARBON STEEL 5.6 PROCESS OF MANUFACTURE ERW OR SAW 5.7 EXTERIOR COATING: 16-22 MILS FUSION BONDED EPDXY (FBE)830-40 MILS ARO SHEET 4 OF 4 ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC PROPOSED 16" PIPELINE INSIDE CITY LIMITS OF BEAUMONT CROSSING UTILITIES JEFFERSON COUNTY, TEXAS /F\ PROJ. MGR.: LJB - REVISIONS H. Fenstermaker &Associates, L.L.C. 35 Regency Sq. FENSTERMAKER Ph. 337-23722 0 FTax.337-232-3298 e, LA 70508 CHIEFINSP.: No.O DATE: 08/29/2019 REVISED BY:JPR wwW.fenstermaker.com DATE:OB/23/2019 ND. DATE: REVISED BY: Texas Flmt No. 10028500 FILENAME: T:@O1BI2188311OWGICROSSING-FILESICITYOFBEAUMONIICITYOFBEAUMONTdxq CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Enterprise TE Products Pipeline Company LLC Business Phone: (713) 381-6500 Business Address: P.O. Box 4324, Houston TX 77210-4324 Attn: Timothy J. Dyk The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $567.50 (for the 30 -inch ethane pipeline crossing a 12" Sewer Line and a 20" PVC Waterline) hereby grants to Enterprise TE Products Pipeline Company LLC hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Street Name or R.O.W. Description Length (Linear Feet) 20" water & 12" sewer E of WPA Rd, N of FM 3514 in 30' ROW 1 COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: e License Agreement fee - $500.00 s 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 fust annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: a 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 public rights-of-way shall be bored fiom right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. v 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. o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sewer lines, water lines, or other utilities. 2 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. e Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. • Operations along roadways shall be performed in such a manner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. • Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. • 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) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. • Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. 3 o 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. (1 "=2,000' City of Beaumont map or United States Geological Survey Map) I m The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. • The Licensee shall be responsible for 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 and/or the Texas Department of Transportation. • Permits which allow lines to be maintained or constructed in City right-bf-way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) • Installation will be done in accordance with all City standards and statutes of the State of Texas. In �li�i��� • i : • Licensee shall fiunish 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 I 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. ® 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, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. • If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.: City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. 5 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 flee, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. o City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said sheets. 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 any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of-way. no NOTIFICATION/INSPECTION: ® Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. a Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. v Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. SPECIAL CONDITIONS: Nonassignable This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: Enterprise TE Products Pipeline company LLC P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: P.O. Box 4324, ATTN: Timothy J. Dyk Attn: City Manager City and State of Licensee: Houston, TX 77210-4324 7 Upon cancellation, the pipeline shall be removed and properly restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 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 Cleric, this day of , A.D. 20 ATTEST: City Clerk ATTEST: 0 Secretary CITY OF BEAUMONT, TEXAS Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) Enterprise TE Products Pipeline Company LLC JEFFERSON COUNTY, TEXAS BEAUMONT CITY LIMITS �P 5� C-) EXISTING SEWER LINE }5 X- 1,304,248.94 Y-10,887,980.83 EkIS7//�GPIP LINE LONG. 94"03'44.25" � 12" S'�NE EXISTING 2WA rE� z 30" PIPELINE DAVID A. CUNNINGHAM A-95 Scale:/"=60' 60' 0 30' 60' Lu z PROPOSED PIPELINE INSTALLED BY CONVENTIONAL BORE METHOD of Fw- 0 J of N rkEE LINE "'ES LINE EXISTING 20" PVC WATER LINE X- 1,304,241.10 Y-10,887,970.89 LAT. 29°59'40.50" LONG. 94°03'44.34" w Z J Co tV L71 Z CROSS-SECTION 30" PIPELINE No Scale SHEET 2 OF 3 ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC PROPOSED 30" PIPELINE INSIDE THE CITY LIMITS OF BEAUMONT CROSSING UTILITIES JEFFERSON COUNTY, TEXAS PROJ. MGR.: LJB REVISIONS FENMERK C. H. Fenstennaker &Associates, L.L.C.135 Regency Sq. Lafayette, LA70508 CHIEFINSP.: No.1 DATE:.08/28/2019 REVISED BY: JPR ER Ph. 337-237-2200 Fax. 337-232-3299 www.fenstermaker.com DATE: 05-02-2019 No.0 DATE: 06/17/2019REVISED BY: TNV Texas Firm No. 10028500 FILENAME; T.VOIBp1aB3110YMCROSSINGfILESICITYOFSEAUMONMITYOFBEAUMOMIRNTIESXINGS-3g INPLdrig 0 Z l w z N 5 o Z 30" PIPELINE DAVID A. CUNNINGHAM A-95 Scale:/"=60' 60' 0 30' 60' Lu z PROPOSED PIPELINE INSTALLED BY CONVENTIONAL BORE METHOD of Fw- 0 J of N rkEE LINE "'ES LINE EXISTING 20" PVC WATER LINE X- 1,304,241.10 Y-10,887,970.89 LAT. 29°59'40.50" LONG. 94°03'44.34" w Z J Co tV L71 Z CROSS-SECTION 30" PIPELINE No Scale SHEET 2 OF 3 ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC PROPOSED 30" PIPELINE INSIDE THE CITY LIMITS OF BEAUMONT CROSSING UTILITIES JEFFERSON COUNTY, TEXAS PROJ. MGR.: LJB REVISIONS FENMERK C. H. Fenstennaker &Associates, L.L.C.135 Regency Sq. Lafayette, LA70508 CHIEFINSP.: No.1 DATE:.08/28/2019 REVISED BY: JPR ER Ph. 337-237-2200 Fax. 337-232-3299 www.fenstermaker.com DATE: 05-02-2019 No.0 DATE: 06/17/2019REVISED BY: TNV Texas Firm No. 10028500 FILENAME; T.VOIBp1aB3110YMCROSSINGfILESICITYOFSEAUMONMITYOFBEAUMOMIRNTIESXINGS-3g INPLdrig 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 1.2 PIPELINE NAME: MONT BELVIEU TO BEAUMONT 1.3 PRODUCT: ETHANE 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR 2019 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE DEPARTMENT OF ("0075 STANDARD CFR TITLE 49, PART 195, "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES . 2.2 DESIGN PRESSURE: 1480 PSIG 2.3 HYDROSTATIC TEST PRESSURE: 1850 PSIG MIN. 2.4 DESIGN FACTOR: 0.72 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPELINE WILL BE INSTALLED BY BORE 5.0 BORE LINE PIPE 5.1 OUTSIDE DIAMETER: 30" 5.2 WALL THICKNESS: 0.635" 5.3 PIPE SPECIFICATION: API -51- 5.4 GRADE: X70 (70,000 PSI) 5.5 MATERIAL: CARBON STEEL 5.6 PROCESS OF MANUFACTURE: ERW OR SAW 5.7 EXTERIOR COATING: 15 TO 22 MILS FUSION BONDED EPDXY (FBE) & 30-40 MILS ARO 1.0 GENERAL INFORMATION 1.1 APPLICANTIOWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 1.2 PIPELINENAIAE: MONT BELVIEU TO BEAUMONT 1.3 PRODUCT: ETHANE 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR 2019 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE DEPARTMENT OF ("DOT') STANDARD CFR TITLE 49, PART 195, "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES 2.2 DESIGN PRESSURE: 1480 PSIG 2.3 HYDROSTATIC TEST PRESSURE: 1850 PSIG MIN. 2.4 DESIGN FACTOR: 0.50 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPELINE WILL BE INSTALLED BY HDD 5.0 HDD LINE PIPE 5.1 OUTSIDE DIAMETER: 30- 5.2 WALL THICKNESS: 0.635" 5.3 PIPE SPECIFICATION: API-51- 5A PI-5L5.4 GRADE: X70 (70,000 PSO 5.5 MATERIAL: CARBON STEEL 5.6 PROCESS OF MANUFACTURE: ERW OR SAW 5.7 EXTERIOR COATING: 15 TO 22 MILS FUSION BONDED EPDXY (FBE) & 30-40 MILS ARO 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 1.2 PIPELINE NAME: MONT BELVIEU TO BEAUMONT 1.3 PRODUCT: ETHANE 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR 2019 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE DEPARTMENT OF ("DOT) STANDARD CFR TITLE 49, PART 195, "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND API 1102, "STEEL PIPELINES CROSSING RAILROADS AND HIGHWAYS". 2.2 DESIGN PRESSURE: 1480 PSIG 2.3 HYDROSTATIC TEST PRESSURE: 1850 PSIG MIN. 2.4 DESIGN FACTOR: 0.72 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPELINE WILL BE INSTALLED BY OPEN CUT 5.0 LINE PIPE 5.1 OUTSIDE DIAMETER: 30" 5.2 WALL THICKNESS: 0.441" 5.3 PIPE SPECIFICATION: API-51- 5.4 PI-5L5.4 GRADE: X70 (70,000 PSI) 5.5 MATERIAL: CARBON STEEL 5.6 PROCESS OF MANUFACTURE: ERW OR SAW 5.7 EXTERIOR COATING: 15 TO 22 MILS FUSION BONDED EPDXY (FBE) <� H. Fenstermaker &Associates, L.L.( Regency Sq. Lafayette, LA 70508 FENSTERMAKER Ph. 37-2372200 FM.337- 32-3299 � ' www.fenstermaker.com Texas Firm No. 10028500 SHEET 3 OF 3 PROPOSED 30" PIPELINE BORE DESIGN DATA ENTERPRISE TE PRODUCTS PIPELINE COMP? PROPOSED 30" PIPELINE INSIDE THE CITY LIMITS OF BEAUMONT CROSSING UTILITIES JEFFERSON COUNTY, TEXAS PROJ. MGR:: LJB REVISIONS CHIEF INSP.: No. 1 DATE: 08/28/2019REVISED BY: JPR DATE: 05-02-2019 No.0 DATE: 06/17/2019 1 REVISED BY. TNV FILENAME: T:12g18Q1B81111DWMCROSSIIJGJILESICITYCFDEAU:/,ONIICITYOFBEAUMONrdr,,g K BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: October 1, 2019 REQUESTED ACTION: Council consider a resolution authorizing the execution of two Utility Crossing Agreements with Enterprise TE Products Pipeline Company LLC. BACKGROUND Enterprise TE Products Pipeline Company LLC has requested permission to install two pipelines. The first pipeline is a 16" carbon steel pipeline which will cross an 18" waterline near US 93. The second pipeline is a 30" carbon steel pipeline which will cross an 18" water line near US 93, a 12" sewer line and a 16" waterline both near Hebert Road. The two. pipelines will transport ethane, and both will be constructed in accordance with City requirements. There is a one-time fee of $500.00 for each Agreement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the 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 accept two (2) Utility Crossing Agreements to Enterprise TE Products Pipeline, LLC substantially in the form attached hereto as Exhibit "A," to install two (2) pipelines. The first pipeline is a sixteen inch (16") carbon steel pipeline which will cross an eighteen inch (18") water line near US 93. The second pipeline is a thirty inch (30") carbon steel pipeline which will cross an eighteen inch (18") water line near US 93, a twelve inch (12") sewer line and a sixteen inch (16") water line both near Hebert Road. The two pipelines will transport ethane. Said pipelines are 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 1st day of October, 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: Enterprise TE Products Pipeline Company LLC Business Phone: (713) 381-6500 Business Address: P.O. Box 4324, Houston, Texas 77210-4324 Attn: Timothy J. Dyk The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $567.50 (for the 16 -Inch ethane pipeline crossing an 16" waterline). hereby grants to Enterprise TE Products Pipeline Company LLC hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of Oil, gas, water, or products, on or across the following City easement and/or property situated outside the City of Beaumont, Jefferson County, Texas, but being within our Extra- Tenitorial 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 N of US 93 - 16" Waterline (30' ROW) 1 EXHIBIT "A" COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: License Agreement fee - $500.00 Annual fee of $2.25 per linear foot of pipeline located within City properly. 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: a 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 reportsuch 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. m 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. m 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 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 Runish 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. 2 ® Licensee shall indemnify, save and hold harmless the City of Beaumont fiom 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 of 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 fiom 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 flee, 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. 0 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 sei vices 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: Nonassi ng able This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Enterprise TE Products Pipeline Company LLC P.O. Box 3827 Beaumont, Texas 77704 P.O. Box 4324, Attn: Timothy I Dyk Attn: City Manager Houston, Texas 77210-4324 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) Enterprise TE Products Pipeline Company LLC Represented by: Title ' noth yk, Agent &—mey-in-Fact ATTEST: By: Secretary 4 .r I 1 Un_ V jr 4 r it ,anm marrryr � r �.;tx f � � rrr �E • *r sr `rFrfaf.iCSj�!' LC 4 rl ,11' J tt Or - �M i�.y _ "V+ �'"� , t off �, � t• V• j +�11�' l:J Y „ tit �Aw jj -IW ` �v. �,� -111... i, d'� `+ ,s.J�►`' gr •;t t. -r „I . •�• i it � - •,�,,,., - +7'� r fit >r FENSTERMAKER 'fI JEFFERSON COUNTY, TEXAS BEAUMONT CITY LIMITS m y PROPOSED °\ v2 16" PIPELINE N.G. 0 k /J kz zu / m¢ Z k ROAD EDGES V/ k — z m - k 5' MIN. CROSS-SECTION No Scale SHEET 2OF3 M , PROJ. MGR.: LJB , , a C. H. Fenstennaker & Associates, L.L.C. FENSTERMAKER 135 Regency Sq. Lafayette, LA7os08 CHIEFINSP.: Ph. 337-237-2200 Fax 337-232-3299 www.fenstermaker.com DATE: 08/23/2019 Texas Finn No. 10028500 FILENAME: T.1201 PROPOSED PIPELINE INSTALLED BY CONVENTIONAL BORE METHOD N.G. L PROPOSED 16" PIPELINE ZISE TE PRODUCTS PIPELINE COMPAP PROPOSED 16" PIPELINE OUTSIDE CITY LIMITS OF BEAUMONT CROSSING UTILITIES JEFFERSON COUNTY, TEXAS REVISIONS No.0 DATE: 08/29/2019 REVISEDBY:JPR No. DATE: REVISED BY: 0883111DI4GICROSSING_FILESICITY OF BEAUMOMICITY OF BEAI PROPOSED PIPELINE BORE DESIGN DATA 1.0 GENERAL INFORMATION 1.1APPLICANT/OWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 12 PIPELINE NAME BEAUMONTTO PORTARTHUR 1.3 PRODUCT: ETHANE 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR NOVEMBER 2019-2020 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE DEPARTMENT OF C'DOT7 STANDARD CFR TITLE 49, PART 195, 'TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPEUNE"AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME API 1102, `STEEL PIPELINE CROSSING RAILROADS AND HIGHWAYS' 22 DESIGN PRESSURE 1480 PSIG 2.3 HYDROSTATIC TEST PRESSURE 1850 PSIG MIN 2.4 DESIGN FACTOR: 0.5 3.0 CATHODIC PROTECTION t 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPELINE WILLBE INSTALLED BYHDD 5.0 HDD CARRIER LINE PIPE 5.1 OUTSIDE DIAMETER: 16.00" 52 WALL THICKNESS: 0S00" 5.3 PIPE SPECIFICATION: API 5L 5.4 GRADE: X52 (52,000 PSI) , 5.5MATERIAL CARBON STEEL ' 5.6 PROCESS OF MANUFACTURE ERW OR SAW 5.7 EXTERIOR COATING: 1-122 MILS FUSION BONDED EPDXY (FIBE) & 30 - 40 MILS ARO 1.0 GENERAL INFORMATION 1.1 APPLICANTIOWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 12 PIPELINE NAME BEAUMONTTO PORTARTHUR ' 1.3PRODUCT: ETHANE 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR NOVEMBER 2019 -2020 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE DEPARTMENT OF CDOT7 STANDARD CFR TITLE 49, PART 195, 'TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME API 1102, 'STEEL PIPELINE CROSSING RAILROADS AND HIGHWAYS 22 DESIGN PRESSURE: 1480 PSIG 23 HYDROSTATIC TEST PRESSURE 1850 PSIG MIN 2.4 DESIGN FACTOR: 0.72 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPELINE WILL BE INSTALLEDBY OPEN CUT 5.0 LINEPIPE I� 5.1 OUTSIDE DIAMETER: 16.00' 52WALL THICKNESS: 0.375" 5.3 PIPE SPECIFICATION: API 5L 5.4 GRADE X52 (52,000 PSI) 5S MATERIALCARBON STEEL 5.6 PROCESS OF MANUFACTURE ERW OR SAW 5.7 EXTERIOR COATING: 15-22 MILS FUSION BONDED EPDXY (FBE) 1.0 GENERAL INFORMATION 1.1 APPLICANTIOWNER:•ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 1.2 PIPELINE NAME BEAUMONT TO PORTARTHUR 1.3 PRODUCT: ETHANE 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR NOVEMBER 2019.2020 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE DEPARTMENT OF CDOT`) STANDARD CFR TITLE 49, PART 195, 'TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND ASME API 1102, "STEEL PIPELINE CROSSING RAILROADS AND HIGHWAYS 22 DESIGN PRESSURE 1480 PSIG 2.3 HYDROSTATIC TEST PRESSURE 1850 PSIG MIN 2.4 DESIGN FACTOR: 0.72 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTIONMETHOD 4.1 PIPELINE WILL BE INSTALLED BY BORE 5.0 BORE LINE PIPE 5.1 OUTSIDE DIAMETER: 16.00' 52 WALL THICKNESS: 0.50D' 5.3 PIPE SPECIFICATION: API SL 5.4 GRADE X52 (52,000 PSI) 5.5 MATERIAL CARBON STEEL 5.6 PROCESS OF MANUFACTURE: ERW OR SAW 5.7 EXTERIOR COATING: 15-22 MILS FUSION BONDED EPDXY (FBE) 830.40 MILS ARO SHEET 3 OF 3 ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC PROPOSED 16" PIPELINE OUTSIDE CITY LIMITS OF BEAUMONT JEFFERSON COUNTY, TEXAS PROJ. MGR.: LJB REVISIONS � C. H. Fenstertnaker &Associates, L.L.C. - FENSTERMAKER 13 Regency CHIEF INSP.: No.O DATE: 08/29/2019 REVISED BY: JPR h. 37-2372200LFax. 37232-3299 DATE: 08/23/2019 No. DATE: REVISED BY: www.fenstermaker.com NQ wager Texas Firm No. 10028500 FILENAME: T:1201MI883ilDlY=BOSSING-RLESCITYOFBEAUMO"CITYOFBEAUMONT.dwg APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LIMITS OF THE CITY OF BEAUMONT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Enterprise TE Products Pipeline Company LLC Business Phone: (713) 381-6500 Business Address: P.O. Box 4324, Houston, Texas 77210-4324 Attn: Timothy J. Dyk The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $702.50 (for the ethane pipeline crossing an 18" water line, a 12" sewer line, and a 16" PVC water line) hereby grants to Enterprise TE Products Pipeline Company LLC hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of Oil, gas, water, or products, on or across the following City easement and/or property situated outside the City of Beaumont, Jefferson County, Texas, but being within our Extra - Territorial Jurisdiction (ETJ) and/or Certificate of Convenience and Ndcessity (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 US 93 - 18" Waterline (30' ROW) Hebert Road - 12" Sewer Line (30' ROW) Hebert Road - 16" PVC Waterline (30' ROW) 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 Department and Vater 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 fainish 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 fiom, 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. El a Licensee shall indemnify, save and hold harmless the City of Beaumont fiom 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. m 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 fiom 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: a 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 flee, 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 properly 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 fi-ane 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 thud 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. rel 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 Enterprise TE Products Pipeline Company LLC P.O. Box 3827 Beaumont, Texas 77704 P.O. Box 4324, Attn: Timothy I Dyk Attn: City Manager Houston, Texas 77210-4324 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 Mot ATTEST: City Clerk Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) Enterprise TE Products Pipeline Company LLC Represented by: Ti i gent tto ey-in-Fact ATTEST: Secretary JEFFERSON COUNTY, TEXAS BEAUMONT CITY LIMITS PLAN VIEW No Scale PROPOSED PIPELINE INSTALLED BY z z CONVENTIONAL BORE METHOD -i w w w w Ii a NI o Z z F- z N.G. t� I N.G. 5 L.PROPOSED 30" PIPELINE CROSS-SECTION No Scale SHEET 2OF4 ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC PROPOSED 30" PIPELINE OUTSIDE THE CITY LIMITS OF BEAUMONT CROSSING UTILITIES JEFFERSON COUNTY, TEXAS �_:��� PROJ. MGR: LJB REVISIONS .� s C. H. Fenstemlaker & Associates, L.L.C. FENSTERMAKER 135 Regency Sq. Lafayette, LA 70508 CHIEFINSP.: No.0 DATE: 08/27/2019 REVISED BY:JPR Ph.337-237-2200 Fax.337-232-3299 www.fenstermaker.com DATE: 08/22/2019 No. DATE: REVISED BY: Texas Fimt No. IOD28500 FILENAME: T:1301BR1B83111DIVMCROSSING-RLEsic[Ty OFBEAUMONnciry OF BEAUMONT UTILME"NGS-30IN PLd,9 JEFFERSON COUNTY, TEXAS BEAUMONT CITY LIMITS PLAN VIEW No Scale LU PROPOSED PIPELINE INSTALLED BY z HDD METHOD w co N.G. 0 zl J 5' MIN. PROPOSED CROSS-SECTION 30" PIPELINE No Scale N.G. SHEET 3 OF 4 ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC PROPOSED 30" PIPELINE OUTSIDE THE CITY LIMITS OF BEAUMONT CROSSING UTILITIES JEFFERSON COUNTY, TEXAS PROJ. MGR.: LJ B REVISIONS C. H. Fenstennaker S Associates, L.L.C. 135 Regency Sq. Lafayette, LA 70508 CHIEF INSP.: No. 0 DATE: 0 812 7/2 0 1 9 REVISED BY: JPR Ph. 337-237-2200 Fax 337-232-3299 www.fenstermaker.com DATE: 08/22/2019 No. I DATE: REVISED BY: Texas Firm No. 10028500 FILENAME: T:@018@18011104G1CROSSING-FILESIGITY OF BEAUMONTICITY OF BEAUMONT UTILITIESRINGS-30IN PLdwg 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 1.2 PIPELINE NAME: MONT BELVIEU TO BEAUMONT 1.3 PRODUCT: ETHANE 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR 2019 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE DEPARTMENT OF COOT") STANDARD CFR TITLE 49, PART 195, "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES 2.2 DESIGN PRESSURE: 1480 PSIG 2.3 HYDROSTATIC TEST PRESSURE: 1850 PSIG MIN. 2.4 DESIGN FACTOR: 0.72 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPELINE WILL BE INSTALLED BY BORE 5.0 BORE LINE PIPE 5.1 OUTSIDE DIAMETER: 30" 5.2 WALL THICKNESS: 0.635" 5.3 PIPE SPECIFICATION: API-51- 5A PI-5L5.4 GRADE: X70 (70,000 PSI) 5.5 MATERIAL: CARBON STEEL 5.6 PROCESS OF MANUFACTURE: ERW OR SAW 5.7 EXTERIOR COATING: 15 TO 22 MILS FUSION BONDED EPDXY (FBE) & 30 -40 MILS ARO 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: ENTERPRISETE PRODUCTS PIPELINE COMPANY LLC 1.2 PIPELINE NAME: MONT BELVIEU TO BEAUMONT 1.3 PRODUCT: ETHANE IA PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR 2019 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE DEPARTMENT OF ("DOT' STANDARD CFR TITLE 49, PART 195, 'TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES 2.2 DESIGN PRESSURE: 1480 PSIG 2.3 HYDROSTATIC TEST PRESSURE: 1850 PSIG MIN. 2.4 DESIGN FACTOR 0.50 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPELINE WILL BE INSTALLED BY HDD 5.0 HDD LINE PIPE 5.1 OUTSIDE DIAMETER: 30- 5.2 WALL THICKNESS: 0.635" 5.3 PIPE SPECIFICATION: API-51- 5.4 PI-5L5.4 GRADE: X70 (70,000 PSI) 5.5 MATERIAL: CARBON STEEL 5.6 PROCESS OF MANUFACTURE: ERW OR SAW 5.7 EXTERIOR COATING: 15 TO 22 MILS FUSION BONDED EPDXY (FBE) & 30-40 MILS ARO 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: ENTERPRISE TE PRODUCTS PIPELINE COMPANY LLC 1.2 PIPELINE NAME: MONT BELVIEU TO BEAUMONT 1.3 PRODUCT: ETHANE 1.4 PROPOSED CONSTRUCTION ACTIVITIES SCHEDULED FOR 2019 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE DEPARTMENT OF ("DOT-) STANDARD CFR TITLE 49, PART 195, "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND THE RAILROAD COMMISSION PIPELINE SAFETY RULES AND API 1102, "STEEL PIPELINES CROSSING RAILROADS AND HIGHWAYS". 2.2 DESIGN PRESSURE: 1480 PSIG 2.3 HYDROSTATIC TEST PRESSURE: 1850 PSIG MIN. 2.4 DESIGN FACTOR: 0.72 3.0 CATHODIC PROTECTION 3.1 RECTIFIER IMPRESSED CURRENT 4.0 CONSTRUCTION METHOD 4.1 PIPELINE WILL BE INSTALLED BY OPEN CUT 5.0 LINE PIPE 5.1 OUTSIDE DIAMETER: 30" 5.2 WALL THICKNESS: 0.441" 5.3 PIPE SPECIFICATION: API -51. 5.4 GRADE: X70 (70,000 PSI) 5.5 MATERIAL: CARBON STEEL 5.6 PROCESS OF MANUFACTURE: ERW OR SAW 5.7 EXTERIOR COATING: 15 TO 22 MILS FUSION BONDED EPDXY (FBE) SHEET 4OF4 PROPOSED 30" PIPELINE BORE DESIGN DATA ENTERPRISE TE PRODUCTS PIPELINE COMPANY PROPOSED 30" PIPELINE OUTSIDE THE CITY LIMITS OF BEAUMONT CROSSING UTILITIES JEFFERSON COUNTY, TEXAS PROJ. MGR.: LJB REVISIONS CHIEF INSP.: No. 0 DATE: OB/27/2019 REVISED BY: JPR DATE: 08/22/2019 No. DATE: REVISED BY: FILENAME: T:120101BB3111DWMCR0851NGFILEBICITYOFBEAUIdqV11CITYOFBFAUI.SOM.dxg Fenstermaker &afAssociates, LL.0 FENSTERMAKER1. ph5 37-237 22 0 Faax. 37-A20508 % , ' www.fanatarmakar.com Texas Firm No. 10028500 SHEET 4OF4 PROPOSED 30" PIPELINE BORE DESIGN DATA ENTERPRISE TE PRODUCTS PIPELINE COMPANY PROPOSED 30" PIPELINE OUTSIDE THE CITY LIMITS OF BEAUMONT CROSSING UTILITIES JEFFERSON COUNTY, TEXAS PROJ. MGR.: LJB REVISIONS CHIEF INSP.: No. 0 DATE: OB/27/2019 REVISED BY: JPR DATE: 08/22/2019 No. DATE: REVISED BY: FILENAME: T:120101BB3111DWMCR0851NGFILEBICITYOFBEAUIdqV11CITYOFBFAUI.SOM.dxg L BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James P. Singletary, Chief of Police MEETING DATE: October 1, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute the renewal of lease agreements with Bar C Ranch for the Southeast Texas Auto Theft Task Force. BACKGROUND The Auto Theft Task.Force offices are located at 2430 West Cardinal Drive -Suites C, D and E. The renewal of the Lease Agreements with Bar C Ranch will be for 36 months and run from September 1, 2019 to August 31, 2022. The Allotted space includes offices that house eight of nine assigned Task Force members for investigative operations, including a garage with a vehicle lift for inspections (Suite C, 3900 Sq. Ft @ $1,755 per month). Suites D & E (5850 Sq. Ft @ $2,232.50 per month) provides storage for vehicles, trailers, and other property owned or seized by the Task Force. FUNDING SOURCE Grant Funded. Both leases are written so that if grant funding is not available, the City can opt out of the lease without penalty. Funds are currently available and anticipated to be. renewed annually. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute a three (3) year Extension of Lease Agreement with Bar C Ranch Company, Inc. for Southeast Texas Auto Theft Task Force office and warehouse space located at 2430 West Cardinal Drive, Suite C, at a monthly rental fee of $1,755.00. The lease agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to execute a three (3) year Extension of Lease Agreement with Bar C Ranch Company, Inc. for Southeast Texas Auto Theft Task Force office and warehouse space located at 2430 West Cardinal Drive, Suites D and E, at a monthly rental fee of $2,232.50. The Extension of Lease Agreement is substantially in the form attached hereto as Exhibit "B" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, 2019. - Mayor Becky Ames - EXTENSION OF LEASE AGREEMENT STATE OF TEXAS COUNTY OF JEFFERSON KNOW ALL MEN BY THESE PRESENTS THAT WHEREAS, in October, 2016, BAR C RANCH COMPANY, INC., as LANDLORD, and CITY OF BEAUMONT/SOUTHEAST TEXAS AUTO THEFT TASK FORCE, as TENANT, did execute and enter into EXTENSION OF LEASE AGREEMENT (hereinafter referred to as the "Lease"), said Lease providing for the use and occupancy by TENANT, subject to the terns thereof, of certain office and warehouse space located at 2430 West Cardinal Drive, Suite C, Beaumont, Jefferson County, Texas, 77705; and WHEREAS, the three-year term thereof commenced September 1, 2016 and expires August 31, 2019; and WHEREAS, it is the desire of LANDLORD and TENANT to ratify and confirm the Lease and to provide for a renewal and three-year extension of the Lease; NOW THEREFORE, in consideration of the premises and of the agreements and covenants herein contained, together with One Dollar ($1.00) and other valuable consideration paid, the receipt and sufficiency of which is hereby acknowledged and confessed, BAR C RANCH COMPANY, INC., as LANDLORD, does hereby lease, grant, demise and let said premises unto CITY OF BEAUMONT/SOUTHEAST TEXAS AUTO THEFT TASK FORCE, as TENANT, and TENANT hereby accepts said premises, subject to and in accordance with the following amendments, terms and conditions: The primary term of the Lease shall be extended for an additional three-year period, which period shall be deemed to have commenced September 1, 2019 and which shall expire August 31, 2022. Rent for the term remains the same, calculated as follows: Rental Period Base Rent Base Rent /Sq. Ft./Year /Month Months 1-36 $5.40/Sq. Ft./Yr. $1,755.00 LANDLORD AND TENANT each hereby ratify and confirm the Lease as herein renewed and extended. IN WITNESS WrdEREOF, this instrument is executed this day of August, 2019. EXECUTED in multiple counterparts, each of which shall 1)o dee ; red an original. LANDLORD TENANT Bar C Ranch Co., Inc. CITY OF BEAUMONT/SOUTHEAST TEXAS AUTO THEFT TASK FORCE By: By: _ WiMam S. Clark, Jr. Name: Property Manager Title: EXHIBIT "A" EXTENSION OF LEASE AGREEMENT STATE OF TEXAS COUNTY OF JEFFERSON KNOW ALL MEN BY THESE PRESENTS THAT WHEREAS, in October, 2016, BAR C RANCH COMPANY, INC., as LANDLORD, and CITY OF BEAUMONT/SOUTHEAST TEXAS AUTO THEFT TASK FORCE, as TENANT, did execute and enter into EXTENSION OF LEASE AGREEMENT (hereinafter referred to as the "Lease"), said Lease providing for the use and occupancy by TENANT, subject to the terms thereof, of certain office and warehouse space located at 2430 West Cardinal Drive, Suites D and E, Beaumont Jefferson County, Texas, 77705; and WHEREAS, the three-year term thereof commenced September 1, 2016 and expires August 31, 2019; and WHEREAS, it is the desire of LANDLORD and TENANT to ratify and confirm the Lease and to provide for a renewal and three-year extension of the Lease; NOW THEREFORE, in consideration of the premises and of the agreements and covenants herein contained, together with One Dollar ($1.00) and other valuable consideration paid, the receipt and sufficiency of which is hereby acknowledged and confessed, BAR C RANCH COMPANY, INC., as LANDLORD, does hereby lease, grant, demise and let said premises unto CITY OF BEAUMONT/SOUTHEAST TEXAS AUTO THEFT TASK FORCE, as TENANT, and TENANT hereby accepts said premises, subject to and in accordance with the following amendments, terms and conditions: The primary term of the Lease shall be extended for an additional three-year period, which period shall be deemed to have commenced September 1, 2019 and which shall expire August 31, 2022. Rent for the term remains the same, calculated as follows: Rental Period Base Rent Base Rent /Sq. Ft./Year /Month Months 1-36 $4.58/Sq. Ft./Yr. $2,232.50 LANDLORD AND TENANT each hereby ratify and confirm: the Lease as herein renewed and extended. IN WITNESS WHEREOF, this instrument is executed this day of August, 2019. EXECUTED in multiple counterparts, each of which shall i,c dccl!-;; an original. LANDLORD TENANT Bar C Ranch Co., Inc. CITY OF BEAUMONT/SOUTHEAST TEXAS AUTO THEFT TASK FORCE William S. Clark, Jr. Property Manager By: _ Name: Title: EXHIBIT "B" M BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: October 1, 2019 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Lester Leday. BACKGROUND. This matter was presented and discussed in Executive Session held on September 17, 2019. The City Attorney is requesting authority to settle this claim in the amount of $3,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. ` WHEREAS, the claim of Lester Leday was discussed in Executive Session properly called and held Tuesday, September 17, 2019; and, WHEREAS, the City Attorney is requesting authority to settle this claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and he is hereby, authorized to settle the claim of Lester Leday for the sum Three Thousand and 00/100 Dollars ($3,000.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, 2019. - Mayor Becky Ames - 11 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: October 1, 2019 REQUESTED ACTION: Council consider a resolution nominating Lauren Williams Mason to the Board of Directors of the Jefferson Central Appraisal District. BACKGROUND A letter from the Chief Appraiser of the Jefferson Central Appraisal District is attached for your review. Jefferson Central Appraisal District " 1p Phone (409) 840-9944 P.O. Box 21337 4610 S. Fourth St. (409) 727-4611 www.jcad.org Beaumont, Texas 77720-1337 Beaumont, Texas 77705 Fax (409) 727-5621 Chief Appraiser Angela Bellard, RPA, RES, AAS Mrs. Becky Ames Mayor City of Beaumont P O Box 3827 Beaumont TX 77704 Dear Mayor Ames: August 26, 2019 Members of the Board Lauren Williams Mason, Chairperson Dr. Louis Reed, Jr., Secretary Allison Nathan Getz Eugene Landry Terry Schwertner In accordance with Section 6.03(e) of the Property Tax Code, attached please find the voting entitlement for each taxing unit that is entitled to vote for the Board of Directors. The terms of the current Board members expire on December 31, 2019. If your entity would like to submit nominations for the Board of Directors, you must do so by resolution adopted by your governing body and filed with me prior to October 15. Before October 30 I will submit to each entity entitled to vote a ballot listing all of the nominees. Each entity will then cast its votes, again by resolution adopted by the governing body, and submit the resolution to me before December 15. The conservation and reclamation districts nominated Allison Nathan Getz for the 2020 - 2021 term of office. Mrs. Getz's name will be placed on the ballot along with the names of the nominees submitted by the County, cities, and school districts. In the main election, the nominee who receives the majority of the votes cast by the conservation and reclamation districts will receive all of the votes cast by the special districts. I have enclosed a copy of the calendar of events for the election of the Board of Directors. Please be aware that due to new legislation, extensions for submitting your nominees and casting your votes can no longer be granted. - , If you have any questions, please do not hesitate to contact me. Sincerely, t7 e- �•� Angela Bellard, RPA, RES, AAS Chief Appraiser �•�,`��' �;: v pjb. 01 C-4 qU Enclosur s CIA ?O�g sco c: Kyle Hayes, City Manager JEFFERSON COUNTY APPRAISAL DISTRICT Voting Allocation for 2020 - -2,021 Board of Directors Eased on 2018 '+I'ax Levies Drainage District #6 Drainage District #7 Navigation and Waterways Dist Port of Beaumont Port of Port Arthur Port of Sabine Pass Trinity Bay Conservation Dist WCID #10 SUBTOTAL C & R DISTRICTS: Jefferson County Beaumont ISD Hamshire-Fannett ISD Hardin Jefferson ISD Nederland ISD Port Arthur ISD Port Neches -Groves ISD Sabine Pass ISD City of Beaumont City of Bevil Oaks City of Groves City of Nederland City of Port Arthur City of Port Neches City of Taylor Landing SUBTOTALS % of Total 2018 Tax M Tax Levy # of Votes $20,186,484.26 3.43% 171 $25,785,897.94 4.38% 219 $20,832,055.71 3.54% 177 $10,918,148.96 1.85% 93 $12,777,992.95 2.17% 109 $1,3441796.79 0.23% 11 $23,858.09 ' 0.00% 0 $1,019,041,42 0.17% 9 $92,888,276.12 15.78% 789 $87,858,089.01 14.92% 746 $134,980,426.03 22.93% 1,146' $9,79.5,853.19 1.66% 83 $5,878,521.62 1.00% 50 $27,862,575.95 4.73% 237 $92,507,906.18 15.71% 786 $34;401,211.29 5.84% 292. $12,126,733.27 2.06% 103 $52,952,290.65 8.99% 450 $130,846.03 0.02% 1 $5,461,132.97 0.93% 46 $6,809,085.22 1.16% 58 $18,344,865.60 3.12% 156 $6,693,064.61 1.14% 57 $49,253.32 0.01% 0 $4951851,854.94 84.22% 4,211 TOTALS: -$588,740,131.06 100.00% 5,000 ELECTION OF BOARD OF DIRECTORS Calendar of Events as Revised by HB 2043 Before October 1 Chief Appraiser calculates votes each entity is entitled to and delivers written notice to each taxing entity (with exception of conservation and reclamation districts). Before October 15 By resolution adopted by the governing body, each entity submits nomination to the Chief Appraiser (with exception of conservation and reclamation districts). An entity may submit a nomination for each of the five positions on the Board. Before October 30 Chief Appraiser prepares a ballot of candidates whose names were timely submitted and delivers a copy to the presiding officer of each entity entitled to vote. Before December 15 Each entity determines its vote by resolution and submits it to the Chief Appraiser. An entity may cast all its votes for one candidate or distribute them among candidates. Before December 31 Chief Appraiser counts the votes, declares the five candidates who receive the largest vote totals as the winners, and submits the results to the taxing entities and the candidates Should any deadline fall on a weekend or holiday, the deadline is extended to the next regular business day. Revisions to Section 6.03 of the Property Tax Code no longer allow the Chief Appraiser to grant an extension for submitting nominees or casting votes. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby casts all of its votes for Lauren Williams Mason to the Board of Directors of the Jefferson Central Appraisal District. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, 2019. - Mayor Becky Ames — BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 1, 2019 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognitions * Public Comment: Persons may speak on scheduled agenda items 4 and 5/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a Specific Use Permit to allow a beer and wine tasting room in a GC -MD (General Commercial- Multiple Family Dwelling) District located at 2590 Calder Avenue 2. Consider a request for a Specific Use Permit to allow an event center in a GC -MD (General Commercial- Multiple Family Dwelling -2) District located at 3255 North Major Drive 3. Consider a request to rename Cuniff Avenue to McKinley Avenue 4. Consider a resolution approving the write-off of uncollectible delinquent accounts Consider an ordinance allowing the parking and occupancy of Recreational Vehicles (RVs), manufactured and industrialized housing as temporary living quarters within residential districts, while the damage to their property caused by Tropical Storm Imelda is being repaired WORK SESSION COMMENTS Review and discuss a proposed Sewer Line Replacement Program for privately owned sewer lines utilizing Community Development Block Grant Funds Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager comment on various matters EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: James Mathews vs. City of Beaumont, Texas; Cause No. A-192,887 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. 1 October 1, 2019 Consider a request for a Specific Use Permit to allow a beer and wine tasting room in a GC -MD (General Commercial- Multiple Family Dwelling) District located at 2590 Calder Avenue BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: October 1, 2019 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow beer and wine tasting room in a GC -MD (General Commercial- Multiple Family Dwelling) District located at 2590 Calder Avenue. BACKGROUND Ms. Traci Tucker would like to open a beer and wine tasting room at 2590 Calder Avenue. This bar will offer a low-key, comfortable envi-ronment. Hours of operation will be Wednesday and Thursday from 2 p.m. until 10 p.m., Fridays from 2 p.m. until midnight and Saturdays from noon until midnight and Sundays from noon until 6 p.m. The bar will be closed on Mondays and Tuesdays. All food served will be catered and served with disposable plates and cutlery. All necessary parking and utilities are currently available. At a Joint Public Hearing held on September 16, 2019, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow beer and wine tasting in a GC -MD (General Commercial- Multiple Family Dwelling) District located at 2590 Calder Avenue with the following condition: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre-treatment and/or F.O.G. program. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following condition: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre-treatment and/or F.O.G. program. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BEER AND WINE TASTING ROOM IN A GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLNG (GC -MD) DISTRICT FOR PROPERTY LOCATED AT 2590 CALDER AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Traci Tucker has applied for a specific use permit to allow a beer and wine tasting room in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 2590 Calder Avenue, being Lots 14, 15, and 16, Block 44, Averill Addition, Beaumont, Jefferson County, Texas, containing 0.548 acres, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit for a beer and wine tasting room in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 2590 Calder Avenue, subject to the following condition: ; and, • Construction plans must meet all requirements by Water Utilities for water and sewer services, including requirements of the City's pre-treatment and/or F.O.G program WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a beer and wine tasting is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a beer and wine tasting room in a GC -MD (General Commercial -Multiple Family Dwelling) District for property located at 2590 Calder Avenue, being Lots 14, 15, and 16, Block 44, Averill Addition, Beaumont, Jefferson County, Texas, containing 0.548 acres, more or less, as shown on Exhibit "A is hereby granted to Traci Tucker, her legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following condition: o Construction plans must meet all requirements by Water Utilities for water and sewer services, including requirements of the City's pre-treatment and/or F.O.G program. Section 2. That the specific use permit herein granted is expressly issued for and irn accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, 2019. - Mayor Becky Ames - 394-P: Request for a Specific Use Permit to allow a beer and wine tasting room in a GC -MD General Commercial - Multiple Family Dwelling) District. Applicant: Traci Tucker Location: 2590 Calder Avenue 0 100 200 I i I I Feet EXHIBIT "A" u m SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: TradTuCk r,� APPLICANT'S ADDRESS: 47fi0 Reldwand Ln Beaumont, lexas 77706 APPLICANT'S PHONE #: 4109-339-2145 FAX #- --- NAME OF PROPERTY OWNER: Mirka Phelan B Land, LE — ADDRESS OF PROPERTY OWNER: 1277 Calder Ave BeaUm®nt Texas 77701 LOCATION OF PROPERTY: 2590 Calder Avg Beaurrlonk, lms 77702 LEGAL DESCRIPTION OF PROPERTY: LOT NO. 1416 16 OR BLOCK NO. 44 ADDITIONAVerlll `J r NUMBER OF ACRES a TRACT PLAT, SURVEY NUMBER OF; ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. PROPOSED USE: Beer and Wine ZONE- G? G' 1112 *ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAIN drawn to scale with the information listed on the top back side of this sheet. ATTACK A REDUCED S'/2" X I I" PHOTOCOPY OF THE SITE PLATY. ' THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH .CONDITION IN DETAIL. a ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN %2 ACRE ................:................................................$250.00 %2 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all ofthe conditions, dimensions, building sizes, landscaping and panting areas depicted on the site plan shall be adhered to as amended §nd approved bk City uncil. owl SIGNATURE OF APPLICANT: X-NAUA L/9 SIGNATURE OF PROPERTY OWNER01: PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 .,nom;L� + FILE NUMBER: �'` BEAUMONT, TX 17701 " Phone - (409) 8803764 Fax - (409) 880-3110 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. EXHIBIT "B" Cotton Creep Winery LLC d/b/a The Tasting Room 2590 Calder Ave, Beaumont, Texas 77702 The Tasting Room is to be a comfortable low-key Beer and Wine Tasting Bar that will serve 21 years TT Me I!; n The hours of operation will be from approximately 2-10 pm Wednesday's and Thursdays. 2-12 pm Fridays, 12-12 on Saturdays and 12-6 on Sundays. We will be closed on Mondays and Tuesdays. The only business in the center is Rao's and they close at bpm so we hope not to impede on the business in way of parking, traffic, and safety. The Tasting Room does not anticipate our business and patrons to diminish the sales of any nearby establishments but hope to draw more revenue to the area as well as encourage more growth by creating a need, and will improve property value by providing business in our Old Town District. All adequate utilities, access roads, drainage and other necessary supporting facilities are currently in place and provided and we will not require any disruptions or changes to these. The design of the space within Old Town Plaza provides for walkways, driveways and parking spaces which are safe and convenient for all motorized and pedestrian traffic and The Tasting Room will not require any changes to such. We will not have a kitchen, we will be bringing in Cold plates (cheese and crackers from Cotton Creek Winery and will be partnering with Rao's to provide some of their desserts. The Tasting Room will not be causing any nuisances by way of offensive fumes, odors, dust, noise or vibration. There will be minimal interior remodeling done prior to opening and there will be no kitchen, no loud music. The Tasting Room will not be adding any additional exterior lighting or signage other than the provisional signage allowed per Old Town Plaza (i.e. signing to the existing pylon signage, with specifications from Phelan Investments management in line with all other businesses within Old Town Plaza). The Tasting Room will not be adding, removing or altering any landscaping whatsoever and will further not make any changes to any area surrounding such. The Tasting Room would like to waive any requirements due to landscaping and screening due to existing landscaping and screening. The Tasting Room would also like to waive any off-street parking regulations or requirements as well as buffer requirements because they are already existing. Further, the locations for The Tasting Room in not within 300 feet of a church, public or private school or public hospital, nor within 1.000 feet of a daycare or childcare facility and will be upholding with the Comprehensive Plan for Beaumont, Texas 2 October 1, 2019 Consider a request for a Specific Use Permit to allow an event center in a GC -MD (General Commercial- Multiple Family Dwelling -2) District located at 3255 North Major Drive BEAUMONT TEXAS ttel FROM: PREPARED BY: MEETING DATE: City Council Kyle Hayes, City Manager Chris Boone, Planning & Community Development Director October 1, 2019 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow an eventcenter in a GC -MD (General Commercial- Multiple Family Dwelling -2) District located at 3255 North Major Drive. BACKGROUND Mr. Richard Faust of Faust Engineering and Surveying, Inc. is requesting a Specific Use Permit to allow an event center at 3255 North Major Drive. This property is under construction and received an S.U.P. in June of 2018 to allow a shopping center with uses restricted to restaurant, retail and professional office space. The owner is now requesting permission to develop 8,000 square feet of the building as an event center. The event center would be for. rental only and intended events may include, but not limited to, business meetings, weddings and receptions. All food would be catered and alcohol will be permitted, but not sold on the premises. The property owner has no plans to provide security. At a Joint Public Hearing held on September 16, 2019, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow an event center in a GC -MD (General Commercial- Multiple Family Dwelling) District located at 3255 North Major Drive with the following condition: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre-treatment and/or F.O.G. program. FUNDING SOURCE Not applicable. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN EVENT CENTER IN A GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLNG-2 (GC -MD) DISTRICT LOCATED AT 3255 NORTH MAJOR DRIVE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Richard Faust of Faust Engineering and Surveying on behalf of CNA Rental Management, LLC, has applied for a specific use permit to allow an event center in an GC -MD (General Commercial Multiple Family Dwelling -2) District at 3255 North Major Drive, being a portion of Tract 2, Parcel #000400347, Beaumont, Jefferson County, Texas, containing 0.18 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit a specific use permit to allow an event center in a GC -MD (General Commercial Multiple Family Dwelling -2) District at 3255 North Major Drive, subject to the following condition: ; and, • Construction plans must meet all requirements by Water Utilities for water and sewer services, including requirements of the City's pre-treatment and/or F,O.G program WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a beer and wine tasting is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow to allow an event center in an GC -MD (General Commercial Multiple Family Dwelling -2) District at 3255 North Major Drive, being a portion of Tract 2, Parcel #000400347, Beaumont, Jefferson County, Texas, containing 0.18 acres, more or less, as shown on Exhibit "A is hereby granted to CNA Rental Management, LLC, their legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following condition: o Construction plans must meet all requirements by Water Utilities for water and sewer services, including requirements of the City's pre-treatment and/or F.O.G program. Section 2 That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, 2019. - Mayor Becky Ames M 5 Zi N 0=164• W 4=W' /ice------- ------------------- ------------- / — — �,.. :.. I I --T--J'-----J I s x / `^ I _ SCALE 1'•10' TABLOID SCALE .1:80' 11lTER) J • PARKING NOTES 10e00r. 1JD 115a PERSONAL SIIMCE55 PAW01r0 01011P 13 1SPAS£ P!R cOti EMRE 9 lE 200 50. R. PAPoWO REgpiED M SPACES P'� Pe01OED m SPACES RANMCAP SPACE REO. a SPACES TOTAL SPACES FRONDED 02 SPA6! (/usscweta t /SAID Cl PER PEOlRfEO A SPACES MHh.- Cat ana 7,500 NR • Mhinm lot aAfM 73 rt AMk— L.1 d,pto too R ' F t .1tb..P IAa 20 R Ra ,.toad, lb. is rt l.(.Ar d* -Lb * n,eo ;•::('::::; :';:, :'.;:::`:: AWttlp a ESCAnrlal W.&kt 70 R orExtwkr a CYOkh 5 R ' 155' Aoartip o nor )vd i0 H Ne rrlmf,..:r A✓pSf r�frlcfkn. LEGEND �AC AIR-OMDITICNINO UNIT - F.P. POWER POLE SEIBAOC — PR POSED NE GUY ANCHOR EASEMENT 2 0 LP, LIGHT POLE— CHAIN LINK FENCE NAM 7YP. : •I';• O SIGN $. PROPOSED EVENT ELECTRIC TRANSFORMER M FFNOE _--___-- STORY BUILDING 0 T.P. TELEPHONE PEDESTAL ELECTRIC LINE 0 T.V. r,'•• ..i¢eD .J'',:.. LBM. (lam CENTER AREA cn 16,200 SO.FT. • 3$( W.Y. ESS — ESS — WATER VALVE PROPOSED SAMTARY SEWER ' ® W.M. WATER METER —SS—SS SS— ' ® 8,000 SQ.FT" MAX HEIGHT=27,00' STORM SEWER MH PROPOSED WATER LINE W ' © SANITARY SEWER MH OOSTIHG STORM SEWER "' " "''•'` •' '' ' ' SEWER CLEAN OIIT — EST— EST— PROPOSED S10FN SEWER / MAX HEIGH%27.00' —ST —ST — FF 00 ADJACENT PROPERTY LINE 1 10— OF DITCH 4'. ;::.':::, •;; :; : ' I •: • 8.04.19 155' rEV=33 :.I : :;, :.• I '• la00^. �. •.' ' '. ' • ?.5010':': ; • :' •:'':'IjCpO•::, •:.:: '::: ' ' • ': ':: 2500 .::7 CD'' -''•• •' •::' :10.'00' '. '. '•''::Y.a:pO:'';'. •,'.•!¢LID,:-.'.::.:'... f . '; :' : � • ' .•1. •. :'•'••I" •'-• 70.00' Ate, M. t. ... .. ,. • Cha at� I ..:,-I, '. .•. •.'.:I ,::_ :PAYW,.PhREA .::.r :I,-.: •.'.::.:.:;.'.:'.':'.'. I �'::•RROP.•.PARK%IJC•i1REA.:':: ::: I '..•'. 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MHh.- Cat ana 7,500 NR • Mhinm lot aAfM 73 rt AMk— L.1 d,pto too R ' F t .1tb..P IAa 20 R Ra ,.toad, lb. is rt l.(.Ar d* -Lb * n,eo ' AWttlp a ESCAnrlal W.&kt 70 R orExtwkr a CYOkh 5 R ' Aoartip o nor )vd i0 H Ne rrlmf,..:r A✓pSf r�frlcfkn. LEGEND �AC AIR-OMDITICNINO UNIT - F.P. POWER POLE SEIBAOC — L'GUY GUY ANCHOR EASEMENT 2 0 LP, LIGHT POLE— CHAIN LINK FENCE O SIGN $. Elf ELECTRIC TRANSFORMER M FFNOE _--___-- 0 T.P. TELEPHONE PEDESTAL ELECTRIC LINE 0 T.V. — DHE— ONE - TELEVISION PEDESTAL GAS LINE LBM. TEMPORARY BENCHMARK -� F.H. FIRE HYDRANT E MING SANITARY SHYER • 3$( W.Y. ESS — ESS — WATER VALVE PROPOSED SAMTARY SEWER ' ® W.M. WATER METER —SS—SS SS— ' ® EDSENG WATER LINE GRATE INLET — ENL— EWL— m STORM SEWER MH PROPOSED WATER LINE W ' © SANITARY SEWER MH OOSTIHG STORM SEWER ' O Ca SEWER CLEAN OIIT — EST— EST— PROPOSED S10FN SEWER —ST —ST — , 91MCT PROPERTY LINE TOPIOF DITCH I I 1 ADJACENT PROPERTY LINE 1 10— OF DITCH 8.04.19 -- �/---------------------------- - ----------- /�----- _________________________�' f S 0215254' E 455.00' " 3255 '/NORTH 'MAJOR' DRIVE - C_i 58169 DOCUMENT WAS AUTHORIZED RY RICHARD F FAUST P.E. 58169 : ENGINEERING AND SURVEYING, INC. • PROFPSSTONAL 137GDTEF.R9 AND PROFR9910NAL SURVEYORS 950 EASTIX iREEYAY, SUITE 0 .' BFAUO/T, TE]tAT 17708 . (1091 BI3-3110 • F]LIttEERA'G nRll t6 1000 • SLRVEYIID FLRH 1Af00024 -00 Request for a Specific Use Permit to allow an event center in a GC-MD-2 (General cial - Multiple Family Dwelling -. 2) District. it: Richard Faust - Faust Engineering and Surveying, Inc. 3255 North Major Drive 0 100 200 300 400 1 1 1 1 1 1 Feet SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: Richard Faust- Faust Engineering and Surveying, Inc. APPLICANT'S ADDRESS: _5550 Eastex Freeway, Suite 0, Beaumont, Texas 77708 APPLICANT'S PHONE #: 409-813-3410 FAX #• 409-813-3484 NAME OF PROPERTY OWNER: CNA RENTAL MANAGEMENT LLC ADDRESS OF PROPERTY OWNER: 4410 FOLSOM BEAUMONTTX 77706-7435 LOCATION OF PROPERTY: 3255 North Major Drive, Beaumont, Texas 77713 LEGAL DESCRIPTION OF PROPERTY: LOT NO. BLOCK NO. ADDITION NUMBER OF ACRES OR TRACT A PORTION OF TRACT 2 PLAT PARCEL # 000400347 SURVEY AB HOUSTON SURVEY, ABSTRACT 33 NUMBER OF ACRES 0.18 ACRES 8,000 SOFT For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. - PROPOSED USE: 8,000 sqft of the structure is to be used as an Event Center ZONE. GC -MD -2 ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 %" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN V2 ACRE.................................................................$250.00 '/z ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, site plan shall be adhered to as ani( SIGNATURE OF APPLICANT: that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the o.. SIGNATURE OF PROPERTY OWNER: PLEASE TYPE OR PRINT AND SUBMIT T CITY OF BEAUMONT PLANNING DIVISION . 801 MAIN STREET, ROOM 201 FILE NUMBER: BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 TE: r°IS'J°j TE: ,--Al .4619 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS= -BF neFr REGAR_DjNG THE _SITE AND LETTER OF PROPOSED USES AND ACTIVITIES. . EXHIBIT "B" i FANUSTEngineering and Surveying, Inc. Professional Engineers and Professional Surveyors Telephone (409) 813-3410 E-MAIL ADDRESS INFO@FAUSTENG.COM Fax (409) 813-3484 5550 Eastex Freeway, Suite O Beaumont, Texas 77708 Surveying -Firm Registration No. 100024-00 - Engineering Firm Registration No. 4800 August 7, 2019 City of Beaumont Planning and Zoning Commission 601 Main Street Beaumont, Texas 77701 To Whom It May l."oncern: Fie: Specific Use Permit Application — 3255 north Major Drive, Beaumont Faust Engineering and Surveying, Inc., is presenting a Specific Use Permit Application for the property on 3255 North Major .Drive, Beaumont, Texas. The site provides lease spaces with appurtenances including parking, utilities, and drainage. The owner wants to include a portion of the lease space as an event center. This will be used for events such as business meetings, weddings, receptions, or other social gatherings. These events will be catered and minimal food preparation will be required. The site does have a grease trap in the sewer system if required. In granting the permit, please note the following: ® The granting of this request will not be injurious to the use and enjoyment of other properties in the area. The lease site is part of a larger strip mall under construction. A Specific Use Permit was previously granted for several different uses in the building. The parking will provide adequate traffic flow and the entrance was constructed as part of the original site to the north. Traffic flow will not be adversely altered by this permit. o The granting of this permit will not impede the normal development of the surrounding area. The neighborhood is being developed with commercial and residential sites. This specific use request meets the current trend in this area. o The granting of this permit will not require additional supporting facilities. Utilities are available along North Major Drive and the project is presently under construction. It will not be necessary to extend the utilities to the site. Drainage is provided by TXDOT. o The existing parking facilities'will provide for the safe and convenient movement of traffic within the area and will not adversely affect vehicular or pedestrian traffic. o The granting of this permit will not create offensive odors, fumes, dust, noise, orvibration. 190432 specific use permit 8-7-19 — 1— Specific Use Permit 3255 Major Drive Beaumont, Texas a Directional lighting will be provided so as not to disturb or adversely affect neighboring properties. o The landscaping and screening meets the City of Beaumont Zoning Ordinance requirements and will provide sufficient screening to insure harmony and compatibility with the adjacent properties ® The granting of this permit will be in accordance with the Comprehensive. Plan. If you have any questions, I may be reached by telephone at 409-813-3410. For The Firm e s RICHARD FAUST S Richard F. Faust, P.E., R.P.L.S. ; - 9 58169 Faust Engineering and Surveying, Inc. aed rus�� Page 2 3 October 1, 2019 Consider a request to rename Cuniff Avenue to McKinley Avenue BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris. Boone, Planning & Community Development Director MEETING DATE: October 1, 2019 REQUESTED ACTION: Council consider a request to rename Cuniff Avenue to McKinley Avenue. BACKGROUND McKinley Avenue Baptist Church has requested that Cuniff Avenue be renamed to McKinley Avenue. Their current address is 775 Cuniff Avenue. The church is celebrating their 110th year anniversary and would like to include this name change as a way to memorialize the event. This historic church congregation began meeting in 1909 and in 1913, secured and began worshipping. at the current location. Over the years, the church -has grown and prospered: As such, the church could be considered a part of the "religious heritage of the City." The Street Renaming Policy for the: City of Beaumont states that a minimum of "seventy-five (75%) percent of the property owners with street addresses on that street must agree to the proposed change. " The policy also states that "If City Council determines by a 3/ vote.ofapproval that special circumstances surround a street name change request, then City Council may change the name of a street without approval of seventy-five (7501o) percent of the abutting property owners. " There are nine (9) properties using Cuniff Avenue addresses. Currently, the church obtained signatures from -five (5), including the church, that are in agreement with the. name change. At a Joint Public Hearing held on September 16, 2019, the Planning Commission recommended 6:0 to approve the request to rename Cuniff Avenue to McKinley Avenue. FUNDING SOURCE Not applicable.. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE CHANGING THE NAME OF CUNIFF AVENUE TO MCKINLEY AVENUE, BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT Cuniff Avenue, running north on Jackson Street and south of Buford Street in the City of Beaumont, Jefferson County, Texas, shown on Exhibit "A," attached hereto and made a part hereof, be and the same is hereby renamed to McKinley Avenue. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, 2019. - Mayor Becky Ames - 'McKinley .avenue Baptist Church church History igog -------- In 1909 at 256 Gourdff Street, Beaumont, `Texas, Rev. J.0. O'Quinn(deceased). began. a prayer meeting in his home. As the' band of worshippers began to increase, the group decided to be moved to a place on Buford and Nerring ,Street in an old market to hold services. As the group grew even larger, they had to `riove their worship service into a he Cidouse in the 700 block. o f Bu fora Street. Rev. � Quinn. served as Pastor until 1911. He died passed away before he accomplished dais dream of acquiring a more desirable and suitable worship place. I:i toti, "Rev. 23. eolentan(deceased) began to carry on the unfinished work with a few members. Under his guidance, the present site at 7',/5 eunif f Street was purchased with the faithful members; Sis. Ylora Stewart, Sir. Lillian HamlZiris, and Sis. Rickardson(all deceased), who worked with all their strength, energy, and talents and decided to rename the church (former name: Sunlight Baptist (91hurch) to McKinley .{venue Baptist Church . Ylovernber 21, 1913 the first Sunday School began with 22 members. The first ordained deacon was Bro. Hosea 'Wyatt. (deceased) In 1.90, Rev. Vm e. Johnson. was elected pastor of the newly named McKinley Avenue Baptist Church. He decided to renovate in Ig/0. he served until he resigned. Then Rev. R.'T V ingham .was elected as pastor. "'He served a short time and theft resigned. Following fair r�esig . ton.. Rev. Sarong was elected incl for health reasons, _he also resigned. _(both deceased) EXHIBIT "A" te_ lz�. ,'. 'as...slbs.,::c€:rld�,.ia. �, va't�eyxs :gas .. t was called io :be �'�ie:;pi s Qr:: e sE ed:;fai A. and Al' ntly. until he.passed away. He was pastor fos In t96t, Rev., SQ ` . �a���� ;�v. ..: � ���d the 7' pastae Ht� s)Ed for 3 Agar;: and because of ill -441 he resigned.. In t9��, ev::' fiicl�avacin (dece sed�.-w elected•tho--8v` pastor. N 1968, Rev. CS'. CP. Laaa.aap. (deeeas�dj, .tz great leader.. and i aspmny teacher a�ras'elecied the 9t& pastor. mde� leis. leadeaslap, aaisagy souls carie tailairist.- Vi ordained e Thomas (deceased), who sewed as, kis , a -..g t for'several yew#s, Rev,-. e` rwm p- served for 1U years. In 1982, .Rev. S.O. Breaux as 66----':-46 ied ik'�e:10'h pastor Man souls were added and reinstated into the. church. lie serveat-.:until he resigned. In 1985, Rmv,. ►kweraed l €othe pastor was•electLd;s�€e In 1986, `a2ey, Ben 6: -Aaadrews sirs :e6ted t e'.. tl`k Pastor. Many rase to (9- heist and additional land was acquired before hsmstgW. M 9 99 , Rev. :. « . t'�2a 1 1 O :��lle�. �: �V�alltavvas., Jr. was elected the 12" said pt-esext paster Of McKinley Jgvenue .aptist (9h�rcBaas. leaclessliip �traq souls have been saved and baptized. Under.tete guidance of th. 61yc`- iri ,-_Vasto' Willaains I vision to assist the elderly avid handicap to. attend servtce�.beeame•a reality; qwd now McMnley sires an miler {,�.tc`?a, fo.i'sr"i-y pE3S$Fv`Fie kv..elopotei (.S e iii7-� 36'®g.e.2SS (. tdFas'i�r.i iS k atit�eFSepp;. tiew deacons' have been oraatnea area rattire are cu ersly ih 04 ring, we ,have a new asses- ant ,preacher, v. Harold Od esby;' to leis sa;pis fat°:s.last ays�aive sea in 1, a Dance ',1M7n--_ZtnJ rhpra�s been fonxed 'this Oar..- (" k' ha'S bet a a long•. hm-dream-eand joy for o' r psaI tor). . PT -96 tsgrg Qmy Cfnd rand Zeviff pppwq� is our PCS tat', t.t,iarf'-;u 1 �;:ti� �r . i:4!Y... _ - - . z aiR .iLSJert _ I� J -i' bring .1.. lost souls to G9hrist and deli in'%- t' Wor-d of .god: V6.1 Qcguir2d ' iditi'anal rap rt and wavey new impravments hive been afictde wtthiii his. tlk.nei. here as pastor, Under his leadership andwith the -help ovid.guida%ce of the Holy Pit we look fortaiard to BIWE avid BSTTEYth9kT" to cones with our devoted. pastor. %a 775 Cuniff Street, Beaumont, Texas 77701 Reverend Allen C. Williams, Jr., Pastor 409-835-5613 or 656-2370 May 5, 2019 Dear Home and Property. Owners, It is our prayer that this letter finds that all is well with you. We, McKinley Avenue Baptist Church, in celebration of our 110th year church anniversary, have petitioned to change our current street location name from Cuniff St. to McKinley Avenue. Your fellow Cuniff St. neighbors have already signed the petition and we are prayerfully hoping that you too will help us to accomplish this name change! Attached you will find the petition for you to sign and we have provides you a stamped envelope to return it. Thank you for your participation, Verlis Johnson Anniversary Chairperson Rev. A.C. Williams, Jr.. Pastor Allen C. Williams, Jr. kw/ACW .. Jam. ... , W cKinfey Ave. baptist Church 775 Cuniff St, Beaumont, Texas 77701, 409 835-5613 I sign this petition in support of changing the name of Cuniff St..to McXinley,Ue Name Yfome-Address Date Phone Arum6er S 0 3 q �D17 }aa-] OOV' 006 OOZ 006 0 gaanga Islidug anuaAV SaluraW :Iuuatldc •anuanV Valu ayV o; onuaeV jjiuna amuua x of lsanbag :UO -8 October 1, 2019 Consider a resolution approving the write-off of uncollectible delinquent accounts BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, CFO MEETING DATE: October 1, 2019 REQUESTED ACTION: Council consider a resolution approving the write-off of uncollectible delinquent accounts. BACKGROUND This request is in accordance with the write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off an individual account receivable identified as uncollectible when the balance due exceeds $1,000.00. Accounts included are for transactions prior to September 2018 which have been sent to the collection agency and collection efforts have been unsuccessful for more than one year.' A summary by receivable type is shown below. Weed Abatement Charges - $97,750.41 Original charge dates range from 2014 to 2017. EMS Ambulance Charges - $1,253,287.40 These charges from ambulance transports include uninsured claims or co -pay and deductibles that the customer is responsible for. The original charge dates range from 2005 to 2018 and accounts have been uncollectible for at least one year. Total to be written off - $1,351,037.81 If at any time an account becomes collectible after having been written off, the receivable shall be adjusted accordingly. The balance of the account shall be reinstated and payments shall be applied to that balance. FUNDING SOURCE Not applicable. 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, as an internal accounting procedure, the write- off of the following delinquent accounts totaling $1,351,037.81 for which each individual account exceeds $1,000, as shown on Exhibit "A" attached hereto: ; and, Weed Abatement Charges $97,705.41 EMS Ambulance Charges $1,253,287.40 BE IT FURTHER RESOLVED THAT these debts are not being extinguished or forgiven and if, at any time, an account becomes collectible after having been written off, the receivable shall be adjusted accordingly and the balance of the account shall be reinstated and payments zhall be applied to that balance. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, 2019. - Mayor Becky Ames - WRITE OFF REQUEST - SEPTEMBER 2019 ACCOUNTS $1000 and GREATER BY TYPE EMS 1,253,287.40 12/2005 - 8/2018 WEED ABATEMENT 97,750.41 4/2014 - 10/2017 TOTAL 1,351,037.81 ADAMS, KENNETH LEE 1,565.50 ADREON, NICK 1,519.00 AERY, SHEVON 1,774.00 ALEX, EDWARD ESTATE Total 1,147.15 ALEXANDER MARY N Total 1,045.00 ALEXANDER, ARTISHA 1,522.00 ALEXANDER, BRIAN KEITH 1,562.50 ALEXANDER, CHARLES KEITH 2,361.00 ALEXANDER, SHELIA 1,514.50 ANDERSON, BOBBY LAMART 3,192.50 ANDERSON, LESLIE 1,552.00 ANDERSON, ROWENA 6,248.00 ANDERSON, SHALETHA 2,460.00 ANDERSON, WILLIAM 2,269.50 ANDRUS, ZACHARIAS 3,812.00 ANTOINE, RONALD TODD 2,408.00 APLON, CHRISTIE ANN 1,582.00 ARCELLA Total 1,241.30 ARDOIN, BARBARA 1,592.50 ARDOIN, CARL 1,695.00 ARDOIN, TRAVIS 3,321.50 ARMIJO, GLORIA ANGELICA 1,549.00 ARMSTRONG, LASASHIA 3,982.00 ARREDONDO, LOUIS 3,183.76 BAILEY, ZACHARY 1,648.50 BAKER, THOMAS 2,245.50 BALDRIDGE, RAYMOND LEE 1,335.50 BALDWIN, IRA JUWAN 3,042.50 BALLARD, JOE D Total 1,317.28 BALSAMO, CHATEAU 3,023.00 BANNISTER, OTIS 2,302.50 BARNETT, TAHMEAKIA 5,436.50 BARRY, CAMERON 6,341.00 BARRY, JADRIEN JOSEPH 1,492.00 BASHA, TAVORIS LARYAN 1,595.50 BASS, DARLENE 1,480.00 BASS, KEIOHIA 1,555.00 BASS, STACIE 1,517.50 BATES, DIAMOND 1,528.00 EXHIBIT "A" BATTLES JR., PHILLIP BELL, CHRISTOPHER BELL, KATHERINE BELL, KEYERA SHAUNTE BENNETT, BRIANNA BENNETT, LEOSHA BENNETT, PATRESE MONET BERGERON, PHILLIP BERNAL, MANDY ANN BERRY, JUSTIN TAJ BERTRAND, EDWARD BEVERLY, IRVAN KEITH BIAGAS, MARCUS BIBBS, SHARON BIRDWELL, ALEXIS BLOUNT, ARLINGTON JAMES BLUE, EMMA BOB, JEROME LEE BOBBINS, PATRICK WAYNE BOLDEN, EUNICE ET AL Total BOLTON, MARY BOOKER, BRIAN ALEX BOUTTE CLARENCE & LENA SR Total BOUTTE, JOHN ALLEN BRADLEY, ROCKY BRANTLEY, ASHLEY BRANTLEY, JOSH BRAXTON, MARK BRIDGES, KASALYNN BRISCOE, DIANNA BRITT, LEANN BROOKS, DEBORAH BROOKS, KATLIN BROOKS, STONEY CARLTON BROOKS, VICTORIA BROSNAHAN, BRUCE E Total BROUSSARD, DIANA BROUSSARD, KELLI BAGLEY Total BROUSSARD, MICHEAL BROWN GRANT, MILDRED BROWN, DEWEY BROWN, FRANCESCA BROWN, FREDERICK BROWN, FREDERICK BROWN, JONATHAN MARTIN BROWN, JOY BROWN, JUDY 1,585.00 1,648.00 1,508.50 2,374.50 1,601.50 3,292.00 2,311.50 3,252.00 2,253.00 1,594.00 3,075.50 3,862.00 1,595.50 1,557.00 1,630.00 1,513.00 1,612.00 1,592.50 1,703.50 1,095.00 3,072.50 4,006.00 1,016.25 3,967.00 1,585.00 3,077.00 3,069.50 1,545.00 2,371.50 1,024.66 1,550.50 1,172.43 1,489.00 1,487.28 8,685.50 1,293.55 1,550.50 2,357.97 1,630.00 7,116.50 1,610.50 1,574.50 1,547.50 2,334.00 2,325.00 1,705.50 1,607.50 BROWN, MARCUS 3,290.50 BROWN, RANDI 8,022.50 BRUMLEY, ROSNIQUE 1,585.00 BRUNO, KEITH WAYNE 2,518.50 BRYANT, ASHTON 1,290.29 BURROWS, PHILLIP 1,148.28 BURTON, KADISHA 2,446.50 BUSHNELL, BREANNA 2,938.30 BUSHNELL, COURTNEY 1,680.00 CALVIN, MICHELE 1,555.00 CARRIER, ALBERT 2,463.50 CARRIER, KHRISTIE 2,322.00 CARRINGTON, PLESHETTE 3,144.50 CARTER VERLINE (DECEASED) Total 1,402.60 CARTER, LEKESHA 3,140.00 CASEY, KAYLA 1,495.00 CASTILLO, DAMIEN 2,420.50 CASTLE MOTEL INC Total 1,535.00 CASTRO, MIRTHA 3,847.37 CAUDLE, W TTotal 1,080.75 CEASAR-CUMMINGS, SHERONDA 3,096.50 CEASER, CURTIS 2,436.00 CELESTINE, ASHLEY 2,269.50 CHAMBERS, JACQUELLE 1,543.00 CHAMBERS, NAFARI MONIQUE 1,516.00 CHAMBERS, SHANA 1,013.00 CHAMPAGNE, JOSEPH 3,272.00 CHANDLER, GEORGE 2,239.50 CHAPMAN, TON] MARIE 1,549.00 CHATMAN, CYNTHIA MARIE 1,534.00 CHATMAN, EBONY LOREIN 1,549.00 CHOPANE, ROBERT 1,556.50 CHRETIEN, JUCOLBY 6,355.50 CITIZEN, PATRICK WAYNE 1,724.50 CLARK LEE, CEQUANA 1,546.00 CLARK, MICHAEL WAYNE 1,860.32 CLAY, ALFRED 1,684.48 CLEVELAND, ILENA BROUSSARD 1,131.50 COCO, CONCETTA Total 1,018.85 COLEMAN, GERALD 1,568.50 COLLIER, TINY 4,105.50 COLLINS, CHARLES 1,607.50 COMPLETE MANAGEMENT SERVI Total 1,815.32 CONNOR, MICHELLE 4,746.50 COOK, DONALD 2,403.00 COOK, JOANN 5,471.00 COOK, KEVIN 1,583.50 COOPER, ANNIEBELLE ESTATE Total 1,075.00 COOPER, RON 7,153.50 CORMIER, DWIGHT 4,564.50 COTTON, SAUNTEL 8,739.50 COWARD, LONNIE JOSEPH 2,230.50 COXEFF, BESSIE Total 1,300.35 CRAVENS, PATRICK A Total 1,840.75 CROSBY, ANGELA 1,508.50 CROSS, GENE PAUL 1,538.50 CRUM, CHARLES 1,633.00 CRUZ, RICKY 1,596.00 CULBERT, REGINA GRACE 2,325.00 CURL, LACY 2,376.00 DAMAS, JOSE 1,685.50 DAVENPORT, LATOISHA 1,552.00 DAVIS, BRIAN ALLAN 1,475.50 DAVIS, ELGINN 1,568.50 DAVIS, HELEN (DECEASED) Total 1,160.70 DAVIS, JEFFERY LYNN 1,631.50 DAVIS, KALLE 1,520.50 DAVIS, KEITH 1,534.00 DAVIS, RONNIE 1,639.00 DEBINE, JOSEPH 1,516.00 DELANEY, DERRELL 1,570.00 DELEON, CYNTHIA 1,520.50 DENNISON, PATRICK ALLEN 1,640.50 DENNY, TERA MICHELLE 1,552.00 DESHOTEL, TRAVIS 2,413.50 DICKSON (DECEASED), ETHEL Total 3,447.20- ,447.20DILL, DILL,SKYLOR JARRAY 3,195.00 DOSS, STEPHEN LEE 3,140.00 DOUGLAS, LORIA 1,630.50 DOWNIE, NICHOLAS 1,560.00 DUCKWORTH, TYESHA 1,795.00 DUFFEK, LAURA LUCILLE 2,969.00 DUKE, DEANNA JOLAINE 1,146.85 DUPLECHAIN IRENE Total 2,266.00 EDMONSON, JANICE MARIE 1,577.50 ELLIS, JAMES 1,612.50 ELLIS, LEE 2,349.50 EWTON, CHELSIE 1,483.00 ExxonMobil Oil Corporatio Total 4,582.57 FEWELL, MICHELLE 1,525.00 FIELDS, JOHN E Total 1,219.00 FIELDS, THEROWAYNE 4,022.08 FISK, BRANDI 1,846.41 FLEMMINGS, ARTHUR 1,520.50 FLEMON, STEVIE 1,184.36 FLETCHER, TENISHA 8,273.50 FLORES, CASIMIRO 2,411.50 FLORES, CLEMENTE 4,598.00 FONTENOT, DONALD LEE 2,292.00 FONTENOT, TASHEABA 1,564.50 FONTENOT, TERRI 1,617.00 FOSTER, TOMMY LEE 2,465.00 FOUTZ, PHILLIP JAMES 1,576.00 FOWLER, DOMINIC 1,597.00 FREEMAN, ANTHONY JEROME 6,618.00 FURNACE, CHARLES 2,221.50 GALLAGHER, DAWN 1,000.00 GALLIER, ESTELLE A (DECE Total 1,043.25 GARCIA FRANCISCO, ESTHER ANGELA 1,635.00 GARRETT, ISAAC 2,405.50 GARRETT, JACOBY 1,698.50 GARRETT, MELODIE 3,157.00 GAYLES SYBIL Total 1,114.75 GENTRY, JANICE IRENE 1,578.00 GERARD, STEVEN CHRISTOPHE 1,546.00 GILES DOLORES Total 1,124.00 GINGRICH, DOUGLAS 1,614.00 GOODALL, INETA 2,042.50 GOODMAN LEGER, WILDA ELAINE 1,519.00 GRAFF, JONATHAN 1,610.50 GRANGER, IESHA 1,629.00 GRANT, SHELIA 1,565.50 GRAY, PHILLIP DUKE 1,520.50 GREEN, GLENN DALE 1,526.50 GREEN, HEATHER 1,474.00 GREEN, JENNIFER 1,556.50 GRESSETT, WANDA ALEMAN 1,670.00 GRIGSBY, RICKEY 1,635.50 GROGAN, QUINTIN 1,644.50 GRUBBS, KOICE 2,248.50 GUIDRY CHARLES Total 1,008.75 GUIDRY, BEATRICE 1,652.50 GUIDRY, ERIC JACARD 1,477.00 GUIDRY, LEONARD 1,018.50 GUIDRY, RITA MARIE 1,502.50 GUIDRY, THADDEUS LEE 1,597.50 GUILBEAUX, ZRIC 4,143.50 GUILLORY, JACORDIAN 1,627.50 GUILLORY, PAULA 1,582.00 HADNOT, MELLISA RENEE 1,104.34 HAGGERTY, TIMOTHY LEE 1,543.50 HALEY, CORLISS 2,145.50 HAM DAN, ZIYAD 1,772.00 HAMM, HOYT E Total 1,865.25 HANCOCK, KATHY 1,510.00 HANCOCK, LILLIAN 1,580.50 HANKS, MICHELLE 2,298.50 HARDAWAY, LAGLENDA 2,339.00 HARMON, ADELLA 2,360.00 HARMON, ARTHUR 1,489.00 HARMON, COURTNEY 3,951.50 HARMON, DESZARAY 1,500.00 HARMON, EDNA 2,356.50 HARMON, EDWARD 2,368.00 HARMON, JENNIFER 1,780.50 HARMON, REGELLA 1,490.50 HARMON, WILSON 2,407.00 HARRIS, JACQUES 1,577.50 HAWKINS, GREGORY TODD 4,793.00 HAWKINS, SHEILA 19,782.00 HAWKINS, TIFFANY 1,567.00 HAYES, CHRISTOPHER 1,526.50 HAYWARD, MARY LEE 2,369.00 HEARN, TIFFANY 2,390.50 HEBERT, ALECIA 1,021.50 HELBIG COMMUNITY DEVELOPM Total 1,318.44 HELEGDA, MICHAEL 1,606.00 HENRY, HAROLD 7,250.50 HERNANDEZ, CLAUDIA 2,349.50 HERNANDEZ, LUZ 1,537.00 HERRING, VICKI 1,496.50 HEUSNER, KEITH ARTHUR 11,310.00 HINTON, EDDIE EZELLIE 2,329.50 HOLLOMAN, DIONYA 3,263.50 HOLMAN, JEREK JARED 1,106.00 HOME SWEET HOME COMMUNITY Total 1,257.00 HOPE, BRENTON ALLEN 2,439.00 HOUSE LUSTON ESTATE Total 1,122.90 HUBBARD, ROSA NELL 3,745.00 IDLEBIRD, DELANY 1,567.00 IDLEBIRD, VICTOR 1,585.00 IEANS, BREANNA 1,564.00 INFINITE HEALTHCARE Total 1,324.25 JABEZ CUSTOM DEV & CONST Total 1,851.66 JACK, RICHARD 1,238.00 JACKSON FRANKIE D Total 1,392.60 JACKSON, ADRIAN DENISE 1,561.00 JACKSON, BERTHA 1,585.00 JACKSON, FELICIA KAYE 1,655.00 JACKSON, JAMES 10,058.50 JACKSON, JODY 2,509.50 JACKSON, ROGER 1,685.00 JACKSON, TONY 5,683.50 JACKSON, TRINSTON 3,305.50 JANISE, HYKEEM 1,558.00 JASPER, CHARNELL 4,161.00 JENKINS, ASHIRO 1,486.00 JOHNSON, BRIANA 3,883.50 JOHNSON, CASSANDRA 1,561.50 JOHNSON, JAMES ANTHONY 2,428.50 JOHNSON, KARA 1,560.00 JOHNSON, LEROY 1,618.00 JOHNSON, MADDIE PETE 13,323.00 JOHNSON, QUONLE 1,597.50 JOHNSON, RUTH MARIE 1,492.00 JOHNSON, ZAQON 1,562.50 JONES, CHARLIE 2,432.50 JONES, CORY 2,358.00 JONES, DAVID 1,555.00 JONES, DONNEKA 1,780.00 JONES, KEEMON 8,321.00 JONES, LISA LYNN 1,613.50 JONES, ROSHENNA DESIRE 1,650.50 JORDAN, MONA 1,645.00 JOSEPH, BEVERLY & Total 1,242.00 JULIUS, BEULAH SCOTT Total 1,005.00 JUNIUS, TONJI LENETTE 3,905.00 KELLEY, TERRENCE 1,604.50 KIBODEAUX, MISTI LYNN 7,743.00 KILPATRICK, R MRS (ESTATTotal 1,198.75 KINARD, BILLY 1,334.85 KING, CLAYTON WAYNE 2,456.50 KING, LAURA 1,671.00 KIRBY, EVELYN 3,110.00 KIRKLIN, WILBUR 1,625.00 KNEELAND, EDWARD 1,590.00 KNIGHTON, TEAIRA 1,681.00 KOEHL, THOMAS 1,590.00 KONADU, DRISKIA 1,564.50 LADAY, WALEISHA LATRIC 1,601.00 LAFLEUR, ELSIE 1,644.00 LAMB CAROLYN F ET AL Total 2,897.50 LAMB, JEFFERY 3,143.81 LAMOREN, JOHNNY 1,164.40 LANE, JERRY Total 2,029.00 LAYTON, JIMMY 1,629.00 LEE, DAVID 1,661.00 LEE, DORIS ANN 2,424.50 LEE, DWON 1,626.50 LEE, JONATHAN 1,662.00 LEE, KENNETH 1,594.00 LEE, KENNETHA 2,360.50 LEE, KIM TANG 1,721.00 LEE, PETER 1,645.50 LENARD, JHNEICA DIANE 1,514.50 LEONARD, TINA MARIE 1,605.50 LEWIS, DESMOND 1,513.00 LEWIS, OSCAR 1,593.00 LEWIS, TRAVIS 1,718.00 LINCOLN JOHN Total 1,390.00 LIVING, BRITNEY 1,635.50 LOFTIN, ARTHUR 5,717.50 LOPEZ, DAMIAN 2,419.50 LOUIS, THOMAS 1,651.50 LOUPE, JODIE GAYLE 4,055.50 LUCKETTE, PEGGY 1,579.50 MACKEY, SHANKREE 1,573.00 MAJOR, MELVIN 1,542.00 MALDANADO, LILLIAN 1,044.00 MALDONADO, KRISTIN 4,716.50 MANLEY, MACON 7,204.50 MANSON, JOANA TANA 1,347.00 MANUEL, DASONDRA 1,742.00 MARK HARDIN MINISTRY INC Total 3,396.93 MARTIN, MATTHEW 2,569.50 MARTIN, TRAYLIN MARCUS 1,655.00 MARTINEZ, AMBER 1,721.00 MARTINEZ, DAWN 1,848.50 MASHIAH, CHRISTY 2,405.50 MASK, KELVIN KIRK 1,636.50 MASON, MICHAEL 1,648.50 MATTHEWS, KIERAH 1,674.50 MAXIE, CANDANCE 9,057.50 MCBRIDE, LINDA 1,592.00 MCCARTEY, EUGENE 1,610.50 MCCARTY, AHMAD 1,662.50 MCGHEE, STELLA LOUISE 1,533.00 MCGURK, STEVEN 2,429.50 MCKEON, MICHAEL 1,620.00 'MEADOWS, RICKY LEE 1,625.00 MEEKS, TEDDY 3,221.00 MERCER, ALETHA 37,191.50 METCALFE, ASHLEY 1,567.50 MIKESKA, JOHN 1,623.50 MILLER (SNEED), EARLENE 1,673.00 MILLER, BRANDON 3,644.00 MILLER, GREGORY 1,600.50 MINGO, ALANZO 2,452.50 MINNARD, VALARIE 1,459.00 MITCHELL, DOYLE 1,276.08 MITCHELL, DOYLE . 6,708.00 MITCHELL, KENNETH WAYNE 2,389.00 MITCHELL, TRACI 1,598.00 MONROE, WILLIAM 1,677.50 MOORE JOHNETT ESTATE Total 1,165.92 MOORE, ANDRE' 1,609.50 MORALE, ROSHONDA 2,584.50 MOSE, LAWRENCE 1,717.50 MOSLEY, TYRONE 1,683.00 MOUTON, ERNETREIA 1,592.00 MULLINS, JOSHUA NORMAN 2,405.00 MURCHISON, MARK 1,626.00 NASH, CONNIE 2,489.50 NECHES LODGE NO 593 BPOE Total 1,898.25 NIETO, ALEJANDRO 1,694.00 OLVERA, ROSA 1,712.50 OZANE, BRIAN 1,650.00 PARKER, ALLIJERUS 1,625.00 PARKER, ALLIJERUS 4,688.00 PARKER, DAN 3,266.00 PATTERSON, ABE (DECEASED) Total 1,060.00 PATTERSON, DUSTIN 2,463.00 PATTERSON, JOHNNY EARL 1,584.00 PAYNE, TIFFANY NICOLE 4,602.50 PERSSON, MARIA 1,567.00 PETER, STEVE 1,700.00 PHILLIPS, JERRY 2,444.50 PINEDA, ABELARDO 1,656.00 POULLARD, OTIS 1,561.50 POUNCY, RANDY 2,590.00 PRATT, RONNIE 4,170.50 PROVO, ASHLEY NICOLE GAUTHIER 1,659.50 PULLEY, ALBERT 1,682.00 R & B HOMES LLC Total 2,661.25 R K C J LLC Total 1,059.50 RAMSEY, ALFRED JAMES 1,568.00 RANDALL, JACOBIE 2,489.50 RANDLE, DEBRA ANNETTE 1,620.50 RAY, SALLY 2,561.00 REDEAU, LORI Total 1,140.00 REED, LATASHA 2,399.50 RENFRO, MARVIN LEE 1,590.00 REYES, JENNIFER 1,560.00 RHAME- BERNAL, ALETA MARIE 5,274.50 RICHARD, CHARLES K Total 2,874.00 RICHARD, THERESA K Total 1,264.00 RICHARD, TIMOTHY JOSEPH 2,682.78 ROBERTS, REED 1,579.50 ROBERTS, REGGIE 1,522.00 ROBERTSON, DEVERNE SENTELL 6,450.50 ROBINSON, ANDREA DENISE 3,206.50 ROCIO, GLORIA ANN 1,165.00 RODRIGUEZ, REBECCA 1,667.50 ROGERS EDWARDS, NATASHA 3,353.00 ROMAN, MELINDA SUE 1,530.00 ROSS, RAYNALDO 1,588.00 ROSTRO, CARLOS IVAN 1,069.88 ROY, DOROTHY 1,567.00 ROY, EBONIE 1,565.50 RUIZ GENOVEVA R Total 1,438.50 RUIZ, AROA 1,484.50 SALA, VINCENT 1,585.00 SAM JR, EUGENE Total 1,058.00 SAM, ALICIA 1,557.00 SANCHEZ, JOHN ERIK 1,504.00 SANCHEZ, MARIA 1,643.00 SANDERS, KENDRIA 3,119.50 SAUNDERS, ROBERT Total 1,966.00 SAUNDERS, WILLIAM 1,568.50 SAVOY, MELVIN 1,621.50 SAVOY, SAMORA 1,597.00 SCHRAM, JOSIE 2,295.00 SCOTT, BRANDY JOYCE 2,232.00 SEALS, KEASHA 1,564.00 SECHRIST, JAMES LEE 2,271.00 SEGEADA, JOHNNY 1,626.00 SEGURA, ANTTRENALLA 1,480.00 SENEGAL, DELLA SUE 2,394.50 SENEGAL, LEE AUSTIN 1,642.50 SHANKLE, BRENDA 1,050.00 SHARP, JANMICHAEL 1,709.50 SHARP, PATRICIA 1,567.00 SHARROD, ROBERT 1,557.00 SHELLO, GREGORY 1,659.50 SHERMAN, JUSTICE 1,538.50 SHERMAN, ROBERT 2,301.00 SIBLEY, THOMAS J Total 1,289.00 SIGARST, DELANO ANGELO 2,495.50 SILAS, WENONA 1,508.50 SIMMONS, CHANCE 2,574.50 SIMON, JACOBY 3,936.50 SIMON, OLLIE 3,452.50 SIMS, ROMISQUE 3,931.50 SINCLARE, MARIEANN ESTATE Total 1,748.67 SMALL, CHARLES DANIEL 1,615.00 SMITH, ANTHONY PAUL 1,585.00 SMITH, DARRYL 1,599.00 SMITH, FREDDIE 1,681.50 SMITH, JAY 2,287.50 SMITH, LESTINA 4,193.50 SMITH, LUCIENNE RHONDA 1,632.00 SMITH, ROSE MARIE 1,021.00 SMITH, STEVEN 1,733.00 SNIDER, RACHEL 1,728.00 SNOWDEN, COURTNEY 1,624.00 SOLIS, LORA 1,516.00 SOLTER, SHERYL 2,325.50 SONNIER, CODY 1,516.00 SOUTH EASTTEXAS MINI-MKTTotal 2,296.00 SPEARS, DOROTHY FAYE 2,987.00 SPENCER, KAREN 1,734.50 STAGG, PATRICIA KAY 1,514.50 STANLEY, NICOLE 4,736.00 STEELEY, ROBERT 2,044.36 STEVENSON, SEBASTIAN 1,627.00 STEWART, PATRICIA MARTIN 2,369.00 STORBECK, TIMOTHY J Total 1,126.38 STOVALL, DELIKA RENEE 3,845.50 STURROCK, CYNTHIA DEE 1,601.50 SULCER, RICHARD 1,544.50 SUTTON, CLARENCE 4,747.00 SUTTON, TIFFANY 3,012.50 SWARTOUT, MANDY 2,277.00 TATUM MYRTLE LAVERGNE Total 1,198.75 TAYLOR, DOMINIQUE DWAYNE 1,711.50 TERRELL, LAVERT BLANCHETT Total 3,678.25 THIBODEAUX, PAMELA 2,399.50 THOMAS, DAMOND 1,492.00 THOMAS, JEREMY 1,553.50 THOMAS, JOHNATHAN TRAVIS 2,277.00 THOMAS, LAQUAWANDA LASW 5,674.00 THOMAS, LORETTA 1,677.00 THOMAS, MARK CURTIS 8,384.50 THOMAS, RAVEN 3,387.50 THOMAS, TRAVIAN 1,558.00 THOMPSON, JANICE JOHNSON 2,336.00 THOMPSON, KIMBERLY 1,669.50 TIGNER, JERRIC 1,553.50 TIPPETT, DAWN 1,152.53 TORRES, ALICIA 1,648.50 TRAHAN, MARQUEZ DEVANTE 1,653.00 TRAHAN, PATRICK JOSHUA 1,735.50 TRAINER, CHERYL 1,000.00 TRANS -ATLAS FINANCIAL INC Total 1,732.63 TUBBS, STEVEN 1,115.50 TUHN, DANAE 1,947.58 TURNER, CORDELIA 1,556.50 TWINE, MARY 1,266.36 VALLIER, TRESTON QUINN 1,514.50 VANHUIS, JEREMY 1,620.02 VASSAR, KATIE ELLEN BURD 2,860.00 VERRETT, RAKIA 1,529.50 VILLALOBOS, TOMAS (DECEAS Total 1,316.25 VINES, RANDOLPH 1,558.50 WADE, ALVIN 1,543.00 WALKER, BLISS 1,038.89 WALKER, CHRISTOPHER 1,617.00 WALKER, RONALD 2,319.00 WALLACE, GREGORY 3,801.00 WALLS, BEVERLY ANN 1,574.50 WALLS, GEORGE 1,522.50 WARREN BROTHERS INC Total 1,043.80 WARREN SHIRLEY Total 1,811.00 WARREN, DIANN 1,565.50 WASHINGTON, REGINA 3,944.50 WASHINGTON, SHANNON 1,534.00 WASHINGTON, VERONICA 1,574.50 WATSON, CHRISTOPHER GLYNN 1,531.00 WATTS, DAMIAN 1,574.50 WATTS, QUINTON 1,629.00 WELCOME, KOURTNEY 1,547.50 WENNSTROM FRANCES ET AL Total 1,084.64 WHEAT, JAMIE 1,584.00 WHITE, APRIL NICHOLE 2,242.50 WHITE, FELICIA 1,511.50 WHITEMAN, CHAD 1,664.50 WHITT, VIANNE 1,648.50 WHITTINGTON, JERROLD 1,523.00 WHITTINGTON, LYNELL 1,617.50 WILEY, LOIS 1,576.00 WILEY, RONALD LEE 2,266.50 WILLIAMS, CARLOS 2,354.00 WILLIAMS, CHARLES 1,513.00 WILLIAMS, JUSTEAN 1,490.50 WILLIAMS, KATINA 1,653.00 WILLIAMS, LEVI 1,573.50 WILLIAMS, MIA 2,230.50 WILLIAMS, MICHAEL 1,816.00 WILLIAMS, QUENTIN 2,334.50 WILLIAMS, REGINA 1,204.56 WILLIAMS, ROMEO 1,109.00 WILLIAMS, RONALD DAVID 1,624.50 WILLIAMS, SHERITA 2,494.50 WILLS, DARIUS DASHAWN 1,659.00 WILSON, JAMES 1,510.00 WILSON, ROBERT 1,570.00 WILSON, SHALAH BRIANNE 4,680.50 WINDOM, VANTA LAMONT 1,553.50 WINGATE, CHRISTENE 1,569.00 WOODS, IRAN 1,501.00 WOODS, TERRY 1,174.09 WRIGHT, BRITTANY LINNETTE 1,591.00 WRIGHT, ELTON 1,598.00 YANEZ, TINA 1,602.00 YARBROUGH, LARRY 1,636.50 YOUNG, CARLNISHA DELOR 1,501.00 YOUNG, CLEVELAND 4,266.00 YOUNG, KERMITJEROME 1,540.00 ZENN, JASMINE 1,556.50 ZENO, AVERY JAMES 1,357.00 ZENO, GERALD 1,590.00 ZENO, GLENNES 1,537.00 ZENO, JOSEPH NAKIA 1,487.50 5 October 1, 2019 Consider an ordinance allowing the parking and occupancy of Recreational Vehicles (RVs), manufactured and industrialized housing as temporary living quarters within residential districts, while the damage to their property caused by Tropical Storm Imelda is being repaired BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: October 1, 2019 REQUESTED ACTION: Council consider an ordinance allowing the parking and occupancy of Recreational Vehicles (RVs), manufactured and industrialized housing as temporary living quarters within residential districts, while the damage to their property caused by Tropical Storm Imelda is being repaired. BACKGROUND Use of Recreational Vehicles (RVs) and manufactured housing are prohibited by the Zoning Ordinance except in designated travel trailer and mobile home parks and subdivisions. However, an estimated 2,000 households in Beaumont have been affected by Tropical Storm Imelda and many more in our region. While a disaster declaration has not yet been made, temporary housing will be necessary for those affected by the flooding while residents attempt to repair damaged homes. Therefore, it would be in the best interest of the residents to allow temporary housing for one year to residents who submit an application to the Planning & Community Development Department along with permit requests for repair to their home. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the Ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE ALLOWING A PERIOD OF ONE (1) FOR THE PARKING, USE AND OCCUPANCY OF RECREATIONAL VEHICLES, MANUFACTURED AND INDUSTRIALIZED HOUSING AS TEMPORARY LIVING QUARTERS ON RESIDENTIAL PROPERTY DURING THE PERIOD OF REPAIR OR RECONSTRUCTION OF DAMAGE TO PROPERTY CAUSED BY TROPICAL STORM IMELDA; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY. WHEREAS, the impact of Tropical Storm Imelda has resulted in the damage and destruction of numerous residential properties within the City of Beaumont; and, WHEREAS, the use and occupancy of recreational vehicles, manufactured and industrialized housing will be viable for use as temporary living quarters while these properties are being repaired; and, WHEREAS, the City Council has determined that it is in the best interest of the City of Beaumont in the protection of the public health, safety and welfare of its residents that recreational vehicles, manufactured and industrialized housing be allowed for occupancy on residential property as temporary housing during the period of repair or reconstruction of these tropical storm -damaged properties; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT it is hereby permitted for a period of one (1) year, with City Council approval, from the effective date of this ordinance the parking, use, and occupancy of recreational vehicles, manufactured and industrialized housing on residential property as temporary living quarters by property owners while the damage to these properties caused by Tropical Storm Imelda is being repaired. Section 2. It shall be unlawful for any person to park any such recreational vehicles, manufactured and industrialized housing used for purposes of occupancy as temporary living quarters on any street, highway, alley, sidewalk, or other public place in the City of Beaumont. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of October, 2019. - Mayor Becky Ames - WORKSESION * Review and discuss a proposed Sewer Line Replacement Program for privately owned sewer lines utilizing Community Development Block Grant Funds BEAUMONT Work Session TO: City Council FROM: Kyle Hayes, City Manager CS 13 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: October 1, 2019 REQUESTED ACTION: Council conduct a Work Session to review and discuss the proposed Sewer Line Replacement Program Guidelines. BACKGROUND The City regularly receives calls from citizens having issues with their plumbing properly draining into to the City's sanitary sewer system. When the system's failure is within the owner's property, the City is not able to offer help. As repairs can be very expensive, it is not uncommon for problems to persist. In an effort to address this issue, City Council approved a line item in the 2019 CDBG Action Plan in the amount of $500,000 that can be used for such repairs for low -to -moderate income households. The proposed Sewer Line Replacement Program Guidelines are enclosed outlining the Program. It should be noted that the Guidelines are for low -to -moderate income households, with a senior and/or disability priority. With regard to how the Program will work, the City's Water & Sewer Maintenance Division will provide a work write-up and refer the homeowner to the Planning & Community Development Department to review income and other factors to determine eligibility in the Program. The City will then procure bids for the work and the contractor will begin work once contracts between all parties (including the homeowner) have been executed. Permits and inspections will be required. It should be noted that this will not be a quick process, rather an alternative to the repairs not being done. FUNDING SOURCE Funds would come from The Department of Housing and Urban Development's Community Development Block Grant (CDBG) Program. RICH WITH OPPORTUNITY' r C► T E• X A S CITY OF BEAUMONT RESIDENTIAL SEWER LINE REPAIR AND REPLACEMENT PROGRAM The goal of the Residential Sewer Line Repair and Replacement Program is to assist low to moderate -income homeowners that are: Seniors with a disability, Seniors (62 -above) and Disabled persons with the cost of repairing or replacing decayed sewer lines on private residential property owned by the applicant as his/her homestead. The improvements are necessary to reduce the inflow and infiltration of rainfall water into the City of Beaumont sanitary sewer system. The program will provide funds to eligible participants to repair and/or replace the private sanitary sewer line from the City of Beaumont main line to the building's edge. These funds are available through the Community Development Block Grant Program in the form of a five (5) year forgivable loan and are paid to the contractor upon completion and acceptance by the City of the project. ELIBIBILITY REQUIREMENTS All homeowners must provide the appropriate documents to verify the following: 1. homeowner must reside within the Beaumont city limits; 2. homeowner must own the home; 3. homeowner must occupy the home as primary residence; 4. homeowner must show proof that all property taxes are current; 5. homeowner must show proof that mortgage payments are current; 6. homeowner must have received notice from the City of Beaumont Water Utilities Department that the private sewer line is in need of repairs or replacement; 7. All members of applicant's household must be legal residents of the United States; and 8. homeowners household annual gross income must not exceed Program Income Limits of 80% of Median Family Income adjusted for household size for each Program Year. 2019 Income Limits 80% of Median Example: NO.IN HOUSEHOLD ANNUAL MAXIMUM GROSS INCOME 1 Person......................................................................................$36,550 2 People.......................................................................................$41,750 3 People.......................................................................................$46,950 4 People.......................................................................................$52,150 5 People.......................................................................................$56,350 6 People.......................................................................................$60,500 7 People.......................................................................................$64,700 8 People.......................................................................................$68,850 HOW TO APPLY Contact the City of Beaumont `s Planning & Community Development Department at 409-880-3762 for general information, program guidelines and the application form. Completed applications must be accompanied by verification documents regarding: Household income, proof of homeownership, household member, savings and checking account statements, current utility bills and tax statement, picture identification, and other forms to support application information. Assistance is available on a first come, first serve basis to eligible homeowners as funds permit, in accordance with priority level. RICH WITH O.RPORTUNITY IM C. T• E• X• A• S City of Beaumont Process Guide Please use this information to guide you through the Residential Sewer Line Repair and Replacement Program application process. The Community Development Office may require you to provide additional information that may not be listed. If you have any questions, please call the Planning & Community Development Department at 409-880-3762. Purpose The Residential Sewer Line Repair and Replacement Program ("Program") is sponsored by the City of Beaumont. The Program is funded, by Community Development Block Grant (CDBG) funds. The goal of this Program is to assist citizens in the cost of repairing or replacing decayed sewer lines on private residential properties. The improvements are necessary to reduce the inflow and infiltration of rainfall water into the City of Beaumont's sanitary sewer system. Program Description Under this Program, the City of Beaumont will test private sewer lines within the city limits of Beaumont. ;The City of Beaumont will notify in writing those property owners whose sewer lines are in need of repairs or replacement and refer them to Community Development. If the sewer line is in need of repair or replacement, the property owner may apply to the Community Development Department for participation in the Program. The Community Development Department will accept and process all applications. If the property owner is deemed eligible and sufficient Program funds are available, the property owner will enter into an Agreement for Community Development Projects with the City, and a plumber. The plumber will be selected by the City of Beaumont based upon the competitive bid process to repair and/or replace private sanitary sewer lines. The City will facilitate the contract and act as the owner's representative. The actual work under the Program will be monitored and inspected and payments to the plumber will be processed by the Community Development Department. The program will provide funds to eligible participants to repair and/or replace the private sanitary sewer line from the City of Beaumont's main line to the tie-in to the house line. These funds are available and shall be paid directly to the contractor at the time of completion and acceptance by the City of the project. After eligibility to participate in the Residential Sewer Line Repair and Replacement Program is determined: 1. A Work Write -Up will be performed by the Water Utilities Department. The City reserves the right to procure an outside vender to perform the Work Write Ups if necessary. 2. Staff will procure bids from at least three (3) contractors for the proposed repairs as outlined in the Work Write -Up. Staff will choose the lowest, most reasonable bid submitted. 3. The contractor chosen must meet city contractor requirements to be eligible to perform the work outlined in the Work Write -Up. 4. Staff will notify the applicant of the repairs that will be performed with the assistance provided. Any decision made by Staff will be final. A contract between the homeowner and the City, and the homeowners and the contractors will be signed and executed before any work will start. 5. The contractor must start work on the home within ten (10) days of signing the Contract�Agreements. Dependent upon the scope of the Work Write -Up, the contractor will have from seven (7) to thirty (30) days from the start date of the project to complete all tepairs. At the discretion of City staff, extra time may be allowed for inclement weather or other circumstances that may arise. The homeowner will not be required to move; however, if other living arrangements can be made during the course of the work, the repairs can generally be completed in less time if the homeowner has somewhere else to. stay at his/her expense. There will be a period of time when the utilities will be disconnected, which may cause a great inconvenience to the owner. Prior to any work being done, it is the homeowner's responsibility to remove any items from the yard that may hinder easy access to the sewer line and secure all pets during the process. 6. A rough -in and a final sewer line inspection will be conducted by a City Plumbing Inspector. 7. City staff will process the payments to be made to .the appropriate contractor(s) upon approval of the completed work and submission of the required documents needed for payment. The contractor will furnish a one-year warranty on the sewer line. If the homeowner has any sewer problems within this one-year period, the homeowner should contact the City of Beaumont's Community Development Department as soon as possible. If the homeowner or someone other than the original contractor attempts to make repairs, the warranty may be voided, and the homeowner will be responsible for the cost of the repairs. The warranty does not cover damages caused by homeowner such as abuse, normal wear and tear, weather, neglect, or intruders. Relationship between the City of Beaumont, the Contractor, and the Homeowner The Director of the Planning and Development Department or his/her designee will represent the City of Beaumont when it is necessary to resolve disputes between the homeowner and the contractor. The decision for resolution of the issue will be made by the Director of Planning & Community Development or his/her designee which shall be final and binding upon both the homeowner(s) and the contractor(s). The City of Beaumont and the contractor reserve the option to speak only with the person/persons who signed the contract regarding the project. The homeowner(s) shall not interfere with the work of the contractor(s). The contractor(s), his/her employees, and the homeowner (s) shall not be discriminated against on the basis of religion, race, national origin, or gender. The City of Beaumont shall act as the homeowner's representative throughout the entire course of the sewer line repair and /or replacement project. General Information Violating the guidelines in any manner constitutes violation of the contract and the homeowner(s) will be disqualified from the Program and all other housing programs offered by the City of Beaumont. Upon the determination by the Director of Planning and Community Development or his/her designee that a violation of the guidelines has occurred, the applicant(s) must repay the City of Beaumont in full for all work performed on the sewer line within 30 days of such determination. Late payments will accrue interest at the rate as permitted. NOTE: Any homeowner who falsifies information will be disqualified from this program and all other programs offered by the Community Development Department. n rCriJw.TTn, o PP o.nTQNITY l. , mrPrk J �. City of Beaumont Sewer Line Replacement Program Application Welcome — The City of Beaumont's Sewer Line Repair and Replacement Program is available to low to moderate income Seniors and those with a disability who are homeowners who need assistance. with repairs to their principal place of residence. Assistance will be provided in accordance with the following priority: Priorib� lQualif cations: 1. Senior citizens w/Disability 2. Senior Citizens 62 - above 3. Disabled person Applicants must be Low to Moderate Income (80% or below of Median Family Income) and own and occupy the residence needing repairs. Requirements: Complete the entire application and call the City of Beaumont Housing Services Division to schedule an appointment @ 409-880-3762. Your application will be reviewed during this scheduled consultation and a determination regarding your eligibility will be made at that time. All verifications must accompany the application or the application will not be accepted. Verificatinns- The following verifications are required and must be current and up to date: Copy of Deed or Mortgage Verification: Shows that you are the owner and occupant of home needing repairs. Income Verification: Federal regulations require a "snapshot" of your gross income (net, if you are self- employed) and project it forward 12 months. You will be asked to submit six (6) months of checking and three (3) months of savings account statements. Along with two (2) months of consecutive check stubs from any and all employment for each household member, and any assistance payments such as Social Security, child support alimony, etc. Federal regulations require that we calculate income from your assets, such as bank account, and add that to your income. Tax Certificate: (City, County, School). "All of your property taxes must be paid up to date." If back taxes are owed, please provide a copy of your payment plan from the Jefferson County Tax Office. Copy of Homeowners Insurance Polices Shows current fire coverage on structure. Special Note: Program Administration: ➢ The amount of assistance will not exceed $30,000 per residence. ➢ Applicant must have a current Homeowner's Insurance policy with sufficient coverage to replace the home in case of fire. ➢ No repairs will be authorized if all required documentation and verifications are not up to date at the time of rehabilitation. ➢ As per HUD CPD Notice#91-01, repairs will be bid on by contractors that have been approved by the City of Beaumont as having met the necessary bonding and performance requirements. ➢ A lien will be placed on your property for a five-year period. The lien amount is equal to the repair contract amount. Assistance is provided as a 0% interest deferred (forgivable) loan amortized at 20% per year. The lien is released at the end of five -years. If for any reason the property is sold, transferred or foreclosed on within the (5) five years of affordability, the funds provided for this program are required to be paid back to the City at a prorated amount. ➢ The home owner is required to maintain the home as his/her principal residence for the five-year lien period; property taxes and homeowner insurance with sufficient coverage (at a minimum, the contract amount) must be maintained during this period. ➢ You must obtain a Tax Certificate from Jefferson County Tax Office. All of your property taxes must be paid up to date or you must have a payment plan with Jefferson County and be up to date on payments. Please note: The home owner will enter into a contract with the contractor, and with the City regarding the 5 year lien. The City will conduct the necessary inspections and pay the contractor for repairs made as per the signed homeowner/contractor agreement. The contractor is required to extend a one-year warranty on all work. Any manufacturer warranty is in addition to the contractor's warranty. All repairs must be made within thirty (30) days of signing the homeowner/contractor agreement. Sewer Line Repair and Replacement Program APPLICATION CENSUS TRACT AREA: APPLICATION DATE: APPLICATION No.: PROJECT ADDRESS: (Completed by Staff) HOUSEHOLD INFORMATION Primary Applicant Name: Current Address (street, city, state, zip): Phone: W) H) Cell) Email: Birthdate Social Security Number Are you Currently employed? Number of people in your Gender (M/F) ❑ Y❑ N household Are you a full-time student? ❑Y ❑ N Do you receive any other income? ❑Y ❑N OPTIONAL: Federal funding agencies require the collection of ethnicity and race data to track Fair Housing performance. This information will not be used to determine housing eligibility. Ethnicity (please choose one): ❑ Hispanic or Latino ❑ Not Hispanic or Latino Race (please check one or more of the following); ❑ American Indian or Alaska Native ❑ Asian ❑ Black or African American ❑ Native Hawaiian or Other Pacific Islander ❑White HOUSEHOLD INFORMATION. CO-ApplicantName: Current Address (street, city, state, zip): 7 Phone: W) H) Cell) Email: Birthdate Social Security Number Are you Currently employed? Number of people in your Gender (M/F) ❑ Y❑ N household Are you a full-time student? ❑Y ❑ N Do you receive any other income? ❑Y ON OPTIONAL: Federal funding agencies require the collection of ethnicity and race data to track Fair Housing performance. This information will not be used to determine housing eligibility. Ethnicity (please choose one): ❑ Hispanic or Latino ❑ Not Hispanic or Latino Race (please check one or more of the following); ❑ American Indian or Alaska Native ❑ Asian ❑ Black or African American ❑ Native Hawaiian or Other Pacific Islander OVA -lite FAMILY COMPOSITION and INCOME DATA LIST ALL PERSONS LIVING IN HOUSEHOLD NAME DOB RELATIONSHIP SOURCE OF INCOME MONTHLY INCOME TOTAL NUMBER OF DEPENDENTS TOTAL MONTHLY INCOME TOTAL ANNUAL INCOME