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Home My WebLink About01/12/2021 PACKETBEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, JANUARY 12, 2021 1:30 PM CONSENT AGENDA Approval of minutes — December 22, 2020 Confirmation of board and commission member appointments A) Approve the purchase of network equipment from CDW-G for use in multiple departments B) Authorize the acceptance of a 50' wide Pipeline Easement and. a 30' Temporary Easement from ExxonMobil Oil Corporation that will cross City of Beaumont infrastructure at various locations C) Authorize the acceptance of two Pipeline License Agreements with ExxonMobil Oil Corporation that will cross Jim Gilligan Way and Sulphur Drive D) Authorize the acceptance of a Utility Crossing Agreement with ExxonMobil Oil Corporation and Mobil Pipe Line Company that will cross City infrastructure outside the city limits of Beaumont E) Authorize the. City Manager to execute an agreement with Jefferson County related to equipment used for the local Public, Educational, and Government (PEG) Channel F3 jw�FA -1 �.VjkVAT* TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: January 12, 2021 REQUESTED ACTION: Council consider a resolution approving the purchase of network equipment from CDW-G for use in multiple departments. BACKGROUND There are thirty network switches and routers that have reached end of life and are no longer supported. These must be replaced to prevent the City from being vulnerable to an attack on equipment and firmware that can no longer be patched. Pricing was obtained through the State of Texas Department of Information (DIR). DIR provides cities and political subdivisions with the means to purchase information technology at volume prices contracted under the procurement statutes of the State of Texas. Total project cost for the replacement equipment will be $205,300. FUNDING SOURCE General Fund, Technology Fund — Municipal Court, Airport Fund, Water Fund, Fleet Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of network router and switch equipment for use by various City departments from CDW-G, of Vernon Hills, Illinois, in the amount of $205,300.00 through the State of Texas Department of Information (DIR) contract. 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 12th day of January, 2021. - Mayor Becky Ames - TO: City Council FROM; Kyle Hayes, City Manager . PREPARED BY: Bart Bartkowiak, Director of Public Works/Technology Services MEETING DATE: January 12, 2021 REQUESTED ACTION: Council consider a resolution authorizing the acceptance_ of a 50' wide Pipeline Easement and.a 30' Temporary Easement from - ExxonMobil Oil Corporation. BACKGROUND ExxonMobil Oil Corporation is developing a new pipeline project from existing pipeline facilities that will cross City of Beaumont infrastructure at various locations. The new pipelines will transport liquid hydrocarbons.. Exxon -Mobil. Oil Corporation has agreed to.pay $1,000 per rod to the City of Beaumont to.grant the 50' pipeline easement. The 50' Pipeline Easement is described as having 404.97 _Rods. The 50' Pipeline Easement and - the 30' wide Temporary Easement are situated in the S. Stivers League, Abstract No. 1. ExxonMobil Oil Corporation will pay the City of Beaumont $30,571.00 for the Temporary Easement and $451,838. for the Pipeline Easement for a total of $482,409. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, ExxonMobil Oil Corporation has requested the City to grant one (1) fifty foot (50') wide pipeline easement and one (1) thirty foot (30') wide temporary work space easement, situated in the S. Stivers League, Abstract No. 1, as described and shown in Exhibit "1," attached hereto, to the City of Beaumont to construct, alter, and maintain two (2) pipelines and related appurtenances to transport liquid hydrocarbons; and, WHEREAS, the City Council has considered the execution of said pipeline easement and temporary work space easement and is of the opinion that said pipeline easement and temporary work space easement are necessary and that 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 pipeline easement and temporary work space easement as described above to ExxonMobil Oil Corporation for consideration of $482,409.00. 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 12th day of January, 2021. - Mayor Becky Ames - PROJECT: BEAUMONT 2 & 3 TRACT NUMBER: COR2-JE-038.000 COUNTY: JEFFERSON . STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § PIPELINE EASEMENT For and in consideration of Ten Dollars and other good and valuable considerations in hand paid, the receipt of which is hereby acknowledged, the CITY OF BEAUMONT, TEXAS hereinafter called Grantor, . hereby grants and : conveys unto EXXONMOBH, OIL CORPORATION, a New York Corporation with its mailing address at 22777 Springwoods Village Parkway, Spring, Texas 77839, its successors and assigns, hereinafter. called Grantee, a fifty (50) foot wide easement (the "Easement") to construct, alter, and maintain two pipelines and related appurtenances on the hereinafter described land which said easement is under, over, in and across those certain tracts or parcels of land owned by. GRANTOR situated in the County of Jefferson, State of Texas, and being more particularly described in Exhibit A, attached and made a part hereof for all purposes (the "Easement Area"). The Easement herein granted shall be used to construct, lay, maintain, operate, alter, repair, remove, reconstruct, change the size of; replace and abandon a pipeline .and any and all necessary, or useful appurtenances thereto, including but not limited to fittings, tie-overs, valves, corrosion control equipment, communication equipment and other apparatus above or below ground, for the transportation of oil, gas, petroleum products or any other liquids, gases, or substances which can be transported through pipelines and related appurtenances in the EXHIBIT "1" PROJECT: BEAUMONT 2 & 3 TRACT NUMBER: COR2-JE-038.000 COUNTY: JEFFERS'ON Easement Area, and, it is expressly understood and agreed that Grantee shall have the right of reasonable ingress to and egress from the Easement Area and use of the same for the purposes aforesaid; provided, however that Grantee use of the Easement and the rights appurtenant thereto shall in no event unreasonably interfere with or hinder the business operations on the Grantor's adjacent property and/or Grantor's ingress and egress thereto. Grantee understands the pipeline easement is restricted to allow only two pipelines within the Easement Area. Grantee shall not assign or grant rights to another party to lay an additional pipeline within the Easement Area. In addition to the pipeline easement rights granted therein, Grantor further grants Grantee an additional temporary easement 70 feet in combined width adjoining the full length of the permanent easement granted herein, and such other additional work space to be used as working space by Grantee during and for the consideration and installation of the pipeline and any appurtenant facilities. The temporary easement will become null and void at the completion of the project. Grantee will promptly prepare any and all damage done to the Easement area caused by Grantee's use. Grantees must use the Easement area and access road solely for the purposes specified. Grantee will not hunt or fish on any of Grantor's property. Grantee agrees to bury, at the. time of construction, the pipeline (exclusive of appurtenances customarily located above ground) to a depth of at least thirty-six (36) feet in the area of the Grantor's sediment ponds (including the Cattail Marsh Wetlands) where the pipeline will be installed via HDD and to a minimum cover of 48" elsewhere, so as not to interfere with the normal cultivation of the soil. Grantee agrees to pay such damages which may arise to any improvements on the property from the construction of said line and PROJECT: BEAUMONT 2 & 3 TRACT NUMBER: COR2-JE-038.000 COUNTY: JEFFERSON appurtenances and to pay such damages which may rise from the maintenance, alteration, . repair, removal, reconstruction, use, or replacement of the pipeline. INDEMNITY GRANTEE AGREES TO INDEMNIFY AND HOLD GRANTOR HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS OR DAMAGES, OR EXPENSES OF WHATSOEVER CHARACTER, INCLUDING, ' BUT NOT LIMITED TO PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR. ENVIRONMENTAL DAMAGES OR RELEASE WHICH MAY BE ASSERTED, INSTITUTED OR RENDERED AGAINST GRANTOR ARISING OUT OF OR IN ANY MANNER . CAUSED BY OPERATIONS- CONDUCTED HEREUNDER BY GRANTEE, ITS AGENTS, ASSIGNS, EMPLOYEES, OR CONTRACTORS.- SUCH- INDEMNIFICATION SHALL INCLUDE REASONABLE ATTORNEY'S FEES OR EXPENSES INCURRED BY GRANTOR WITH REFERENCE TO -SUCH CLAIMS, SUITS OR DAMAGES. Should Grantee install pipelines under the terms hereunder, and thereafter abandon and fail to use said pipelines for a period of one year, Grantee agrees upon request by Grantor to remove said pipe and other appurtenances and to restore the premises to their original condition, and the easement hereby granted shall terminate and revert to Grantor. - After the installation of the pipeline hereunder, Grantee shall restore the surface of the land to substantially the same condition as it was prior to the commencement of such installation and without limitation, Grantee shall level and grade the land so that drainage to, - on or from said easement shall not be impaired as a result of said installation. PROJECT: BEAUMONT 2 & 3 TRACT NUMBER: COR2-JE-038.000 COUNTY: JEFFERSON Grantor may use the Easement area for any and all purposes not inconsistent with the purposes set forth in this Easement. Grantor's uses may include but shall not be limited to using the Easement area for agricultural, open space, set -back, density, street and roadway purposes. Grantor is permitted, after review by Grantee, to construct any and all streets .and roadways, at any angle of not less than forty-five (45) degrees to Grantee's pipelines, across the Easement area which do not damage, destroy or alter the operation of the pipelines and its appurtenant facilities. Grantor may also construct and/or- install water, sewer, gas, electric, cable TV, telephone or -other utility lines across the Easement area at any angle of not less than forty-five (45) degreesto Grantee's pipelines, provided that all of Grantee's required and applicable spacings, including depth separation limits and other protective requirements are met by Grantor. The use of the Easement area by Grantor shallbe regulated by all appropriate ordinances, regulations, resolutions or laws of the governmental entity with authority over the Easement area. Grantor must notify Grantee in writing before streets, roadways, utilities or other encroachments are installed. Grantee agrees to provide a written response within 15 calendar days of receipt of such notice. Grantor may not use any part of the Easement area if such use may damage, destroy, injure, and/or interfere with the Grantee's .use of the Easement area for the purposes for which the permanent easement is being sought by Grantee. Grantor is not permitted to conduct any of the following activities on the Easement area without the written permission of Grantee: (1) construct any temporary or permanent building or site improvements, other than streets and roads; (2) drill or operate any well; (3) remove soil or change the grade or slope (except for PROJECT: BEAUMONT 2 & 3 TRACT NUMEER: COR2-JE-038.000 COUNTY: JEFFERSON necessary repairs to the levee system and existing drainage system); (4) impound surface water; or (5) plant trees or landscaping. Grantee agrees to provide a written response to Grantor within 15 calendar days of receipt of the notice. Grantor further agrees that no above or below ground obstruction that may interfere with the purposes for which this Easement is being acquired may be :placed, erected, installed or permitted upon the Easement area without the written permission of Grantee. Grantee shall bury its pipeline to a minimum depth of thirty- six (36) feet in the area of the Grantor's sediment ponds (including the Cattail Marsh Wetlands) where the pipeline will be installed via HDD and to a minimum cover of 48" elsewhere. The conveyance of the Easement granted herein is made by Grantor and accepted by Grantee subject to any and all existing easements, covenants, rights -of -way, conditions, restrictions, outstanding mineral interests and royalty interests, if any, in the Easement Area of record in the office of the County Clerk of the County of Jefferson (collectively, the."Permitted Exceptions"). This Easement may be amended or terminated only by the written consent of the parties hereto, or their respective successors and assigns. In consideration for the agreement made herein, GRANTEE agrees to pay GRANTOR in accordance with the - EXXONMOBIL OIL PIPELINE PROJECT CALCULATION WORKSHEET, attached hereto as Exhibit B. TO HAVE AND TO HOLD the above described easement unto said Grantee, its successors and assigns, so long as the same shall be used for the purposes aforesaid, and Grantee hereby agrees to pay any damages, including, but not limited to, any environmental PROJECT: BEAUMONT 2 & 3 TRACT NUMBER: COR2-JE-038.000 COUNTY: JEFFERSON harm which may arise from the use of said premises for such purposes. EXECUTED this day of 5202 PROJECT: BEA.UMONT 2 & 3 TRACT NUMBER: COR2-JE-038.000 COUNTY: JEFFERSON GRANTOR: CITY OF BEAUMONT, TEXAS BY: Printed Name: Kyle Hayes Title: City Manager ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF JEFFERSON BEFORE ME, the undersigned authority, on this day personally appeared K le 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 . 202 . Notary Public, State of Texas PROJECT: BEAUMONT 2 & 3 TRACT NUMBER: COR2-JE-038.000 COUNTY: JEFFERSON GRANTEE: EXXONMOBIL OIL CORPORATION By: Printed Name: Mathew Horneman Title: Agent and Attorney -In -Fact ACKNOWLEDGMENT STATE OF TEXAS This instrument was acknowledged before me on , 202 by in its capacity as general partner of EXXONMOBIL OIL CORPORATION, a New York Corporation. Notary Public, State of Texas Please Return To: City of Beaumont Antoinette Hardy - Engineering P.O. Box 3827 Beaumont, TX 77704 No Text EXXONMOBIL PIPELINE PROJECT. CALCULATION WORSSHEET Date, 4/29/2020 Tract Number: COR2-JE-038.000 Landowner Name: CityofDeaumont Permanent Easement and Temporary Work Space ROW 404.97 (rod) X $1,000.00 = $404,970.00 Total ROW Compensation $404,970.00 . Other Compensation: Describe: Temporary Access Road #1 (2723.3 Calculate:. ` 2723:3`. " "' •,.;x : "` . Temporary Access Road #2 (107.3f Calculate::" 1Q73 .. --X. Tempoary Access Road #3 (716.3 fl ,alciX'late: . 7"1'6 3 X Permanent Access Road #1 (32.0 ft) II C�LcuT 32 :_ X . Permanent Access Road #2 (107.9 ft) I� Calcul'ate: ,''107.9 •" ::X Valve Site pef . foot = $2' per... . foot' _ $ per: ; ` foot per . fobt: per.aot.:.:.. =, TEMPORARY WORKSPACE AGREEMENT or TEMPORARY ACCESS AGREEMENT THIS AGREEMENT, dated the day of , 20J is by and between City of Beaumont, hereinafter referred to as PERMITOR, and ExxonMobil Oil Corporation, a New York corporation, hereinafter referred to as PERMITTEE. PERMITTEE proposes to utilize PERMITOR'S property more particularly described or shown on Exhibit "A" which is attached hereto and made a part hereof by reference. Said property to be used by PERMITEE for use of temporary access road(s) associated with pipeline construction to take place in Jefferson County, Texas. PERMITOR hereby grants to PERMITTEE the right to temporarily utilize an agreed upon portion of PERMITOR'S property for the purpose hereinabove stated, subject to the following terms and conditions: 1) PERMITEE agrees to pay PERMITOR $.JD5`11- 00for the temporary use of PERMITOR's property. The term shall be 365 days from the date of entering the property with equipment. 2) PERMITTEE shall, if necessary, be allowed to install gates in PERMITTOR'S fencing as required for access to PERMITTEE'S pipeline easement. 3) Upon completion of its use of said property,. PERMITTEE shall 'restore PERMITOR'S property to a state equal to its condition prior to the. activities conducted by PERMITTEE, or, 4) PERMITTEE shall be responsible for the cost of prompt repair of PERMITOR's property resulting from damage incurred as a result of PERMITEE's use of said property. IN WITNESS WHEREOF, the parties hereto have caused this instrumentto be executed in duplicate the day and year first written above. This Agreement may be executed in counterparts and as so executed shall constitute one Agreement binding on all parties hereto, notwithstanding that all the parties have not signed the original or the same counterpart. City of Beaumont By: Name: Title: Tract #CO R2-J E-039.300 EXHIBIT "All LEGEND FNDJEFFERSON COUNTY TEXAS R._ PROPERTY LINE 1 I.P. IRON TRACT NO. TRAACTCTNUMBER SAMUEL STIVERS LEAGUE, ABSTRACT NO. 51 U 0 P.R.J.C.T. OFFICIAL PUBLIC RECORDS OF JEFFERSON COUNTY, TEXAS , t C.C.F.N. COUNTY CLERKS FILE NUMBER I\ D.R.J.C.T. DEED RECORDS OF JEFFERSON COUNTY, TEXAS VOL VOLUME PG. PAGE T.A.R. TEMPORARY ACCESS ROAD 0300 � 0 SCALE: 4'=600' FND. V I.P. TRACT NO. COR2JE-038000 / CALLED 2049.36 ACRES C.C.F.N. 9003D30re , O.P.R.J.C.T. O H TRACT NO. COR2JE039.300 �m CENTERLINE N CITY OF BEAUMONT _ `\ moo/ CALLED 500 ACRES i / R VOL. 278, PG. 374 2/ D.R.J.C.T. OF / POINT /LS L3 / BEGINNING T.A.R. 0' T. POINT OF L2 1 N:1 g257.a E:3,505.406.7 TERMINATION CENTERLINE N:1 A.R T.36'" :13,944,498.3 30' T.A.R. NO3°44N1 E:3,502,455.5 • 41 B.7' R POINT OF COMMENCING FND. 1' I.P. TRACT NO. COR2JE-039.000 CALLED 986.9336 ACRES C.C.F.N. 8825545, \ NOTES: 1. OWNERSHIP INFORMATION FORTHIS EXHIBIT WAS FURNISHED BY REPRESENTATIVES OF THE CLIENT AND IS NOT WARRANTED BY THE SURVEYOR. 2. ALL BEARINGS, DISTANCES AND COORDINATES CONTAINED HEREIN ARE GRID BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, TEXAS SOUTH CENTRAL ZONE (4204), NORTH AMERICAN DATUM OF 1983 (NAD 83), U.S. SURVEY FEET AS DERIVED FROM AGPS SURVEY PERFORMED BY UNIVERSAL ENSCO, INC., JUNE 2018. 3. THIS PLAT IS PROVIDED MATH AN ACCOMPANYING DESCRIPTION LABELED -EXHIBIT B' AND ATTACHED HERETO.- 4. THIS SURVEY WAS PERFORMED FOR THE SPECIFIC PURPOSE OF ESTABLISHING A SURFACE FOR AN EASEMENT ACQUISITION. LINE TABLE VOL 10242. PG. 1601 O.P.RJ.C.T. NOTES: 1. OWNERSHIP INFORMATION FORTHIS EXHIBIT WAS FURNISHED BY REPRESENTATIVES OF THE CLIENT AND IS NOT WARRANTED BY THE SURVEYOR. 2. ALL BEARINGS, DISTANCES AND COORDINATES CONTAINED HEREIN ARE GRID BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, TEXAS SOUTH CENTRAL ZONE (4204), NORTH AMERICAN DATUM OF 1983 (NAD 83), U.S. SURVEY FEET AS DERIVED FROM AGPS SURVEY PERFORMED BY UNIVERSAL ENSCO, INC., JUNE 2018. 3. THIS PLAT IS PROVIDED MATH AN ACCOMPANYING DESCRIPTION LABELED -EXHIBIT B' AND ATTACHED HERETO.- 4. THIS SURVEY WAS PERFORMED FOR THE SPECIFIC PURPOSE OF ESTABLISHING A SURFACE FOR AN EASEMENT ACQUISITION. NO. BEARING DISTANCE L1 N81' 55' 30'W 841.4' L2 NB2° 05' 00'W 1,071A' L3 N82° 25' O8'VV 729.0' L4 S35° 09' 32"W 186.3' L5 N82° 08' 45'VV 229.0' DARREL HEIDRICH I, DARREL HEIDRICH. DO HEREBY CERTIFY THAT THIS SURVEY WAS DARREL HEIDRICH I, DARREL HEIDRICH. DO HEREBY CERTIFY THAT THIS SURVEY WAS MADEON THE GROUND AND THAT THIS PLAT CORRECTLY REPRESENTS N�w THE FACTS FOUND AT THE TIME OFTHE SURVEY. DARREL HrIORICH - DATE: CITY OF BEAUMONT REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO.6378 TOTAL DISTANCE OF TEMPORARY ACCESS ROAD: 3,057.1' UEI TEXAS REGISTRATION NO.10031600 AREA OF TEMPORARY ACCESS ROAD: 2.11 ACRES UNIVERSAL ENSCO, INC.14848 LOOP CENTRAL DR., HOUSTON. TX 770B11713A255000 REV OWN I CHKD I DATE SCALE: AS SHOWN DATE OnMobil D=IJOBIL DDC. Na W-HL-0000-1IP-104088 ON BY: OU 03/13/20 CKKD BY: DH 03/1/20 UPI �DDO, m-z%�ppL- 15088 FINAL CK: BC 03/18/20 ENGR.: EC 03/18/20 RExrau 0 APPRV: DH 03/23/20 O PROJECT NAME EASEMENT PLAT - PERMANENT EASEMENT UPON. THE PROPERIT OF 2 o BEAUMONT 2 CITY OF BEAUMONT ? 0 OU PC 03/23/2020 PIPEUNE PROJECT PREPARED BY: UNIVERSAL ENSCO, INC. PROJECT NUNBER: 99996 COR2-JE-039.300 UNIVERSAL ENSCO, INC. TEXAS ENGINEERING FIRM LIC #: Y-lV4'L rHuc I ur 1 TRACT No. COR2-JE-039.300 UPI Doc No. 99996-250-PPL-15088 ExxonMobil Doc. No. BMT-HL-0000-UP-LD-0088 EXHIBIT "B" DESCRIPTION OF A THIRTY (30) FEET WIDE TEMPORARY ACCESS ROAD, SITUATED IN THE SAMUEL STIVERS LEAGUE, ABSTRACT NO. 51, OF JEFFERSON COUNTY, TEXAS, AND BEING UPON, OVER, THROUGH AND ACROSS A CALLED 500 ACRE TRACT OF LAND IN THE NAME OF CITY OF BEAUMONT, AS RECORDED IN VOLUME 278, PAGE 374, OF THE DEED -RECORDS OF JEFFERSON COUNTY, TEXAS (D.R.J.C.T), REFERRED TO HEREIN AFTER AS THE ABOVE REFERENCED TRACT OF LAND, SAID THIRTY (30) FEET WIDE TEMPORARY ACCESS ROAD, BEING SITUATED FIFTEEN (15) FEET ON EACH SIDE OF THE CENTERLINE, THE SIDELINES OF SAID TEMPORARY ACCESS ROAD BEING LENGTHENED OR SHORTENED TO INTERSECT THE BOUNDARIES OF THE ABOVE REFERENCED TRACT OF LAND, BEING MORE PARTICULARLY DEPICTED BY THE ACCOMPANYING PLAT AND DESCRIBED AS FOLLOWS, WITH ALL BEARINGS AND DISTANCES HEREIN BEING GRID, BASED UPON THE TEXAS STATE PLANE COORDINATE SYSTEM, TEXAS SOUTH CENTRAL ZONE (4204), NORTH AMERICAN DATUM OF 1983 (NAD 83), US SURVEY FEET, AS DERIVED FROM A GLOBAL POSITIONING SYSTEM (GPS) SURVEY PERFORMED BY UNIVERSAL ENSCO, INC., IN OCTOBER 2018; TEMPORARY ACCESS ROAD Being a thirty (30) feet wide temporary access road as shown on the accompanying drawing having a total length of 3,057.1 feet and containing 2.11 acre, more or less. This description is provided with an accompanying drawing labeled "Exhibit K and attached hereto. Page 1 of 1 Universal Ensco, Inc. 4848 Loop Central Drive Houston, Texas 77081713-425-6000 Texas Firm No. 10031600 \\hou-fsl\HOU Projects\99996\0\200 SURV\250_PLAT\PPL-Prprty_Plat\Jefferson\COR2JE-039.300\REVO\C0R2-JE-039.300 REVO.doa EXXONMOBIL PIPELINE PROJECT CALCULATION WORKSHEET Tract Number: COR2-JE-039.300 Landowner Name:: City of Beaumont Permanent Easement and Temporary Work Space ROW 0 (acres)-X $0.00 = TWS 0 (acres) X $0.00 = Date 5/7/2020 $0.00 $0.00 Total ROW Compensation 1 $0.00 Other Compensation: Describe: Temporary Access Road (3057.1 feet) Calcula#e_,..'3057=•1 X: .. ; _ _$10 Total Other Compensation AGENT: LANDOWNER: TOTAL COMPENSATIONI $30,571.00 DATE: . t1 i (. (-1. as DATE: DATE: BEAUMONT C TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works/Technology Services MEETING DATE: January 12, 2021 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of two Pipeline License Agreements with ExxonMobil Oil Corporation. BACKGROUND ExxonMobil Oil Corporation has requested permission to install a 10" pipeline and a 12" pipeline to transport liquid hydrocarbons. These two (2) pipelines will cross Jim. Gilligan Way and Sulphur Drive. The pipeline will be constructed in accordance with City requirements. There is a one-time fee of $500 for each Pipeline License Agreement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of 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 enter into a Pipeline License Agreement with ExxonMobil Oil Corporation, substantially in the form attached hereto as Exhibits 'A" to install a ten inch (10") liquid hydrocarbon transport pipeline. The pipeline will cross Jim Gilligan Way and Sulphur Drive for the purpose of transporting liquid hydrocarbon. Said pipeline is to be constructed in compliance with City requirements; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to enter into a Pipeline License Agreement with ExxonMobil Oil Corporation, substantially in the form attached hereto as Exhibits "B," to install a twelve inch (12") liquid hydrocarbon transport pipeline. The pipeline will cross Jim Gilligan Way and Sulphur Drive for the purpose of transporting liquid hydrocarbon. Said pipeline is to be constructed in compliance with City requirements. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of January, 2021. - Mayor Becky Ames - CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: ExxonMobil Oil Corporation Business Phone: �29 537-5200 Business Address: 22777 Spring goods Village Parkway' Spring TX 77389 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 ExxonMobil Oil. Corporation for EMOC 141 hereby grants to hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, _ Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Street Name or R.O.W. Description Length (Linear Feet) Jim Gilligan Way 62 Feet - $ 139.50 Sulphur Drive 102 Feet -$ 229.50 1 EXHIBIT "A" COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: License Agreement fee - $500.00 o Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every . ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the 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: o Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The . annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. o All pipelines crossing public rights -of -way shall.be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. o The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. 2. . o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior 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. o 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. o Barricades; warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the 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. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. (111=2,000' City of Beaumont map or United States Geological- Survey Map) o The pipeline shall be maintained and operated in such a manner as not. to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fa11y cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other, necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for . the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. o The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. o Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior. to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) o Installation will be done in accordance with all City standards and statutes of the State of Texas. 4 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: o Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident o Property Damage: $1,000,000.00 Such insurance shall be maintained in. force -and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such. certificate shall contain a provision that. at least fifteen (15) days written notice must be given to the City prior to cancellation, alterationl or modification of such insurance. 0 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 tennis 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 aperiod of one (1).year from the date of completion of construction of the pipeline. 0 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. o If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by Cityor any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: 5 Licensee shall not be entitled to prosecute or maintain a claim against the City- of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.: City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate- the responsibility of the person(s) requiring the lines to be relocated. - o City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done. any underground work that may be deemed to be necessary or proper by City in, across, along, or under any.of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. 0 o Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against : City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. 1 NOTIFICATIONA NSPECTION: o Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. o Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. o Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: 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: Mobil Pipe Line Company & City of Beaumont Name -of Licensee: ExxonMobil Oil Corporation P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: 22777 Springwoods Village Parkway Attn: City Manager City and State of Licensee: Spring, Texas 7738 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 CITY OF BEAUMONT, TEXAS MI - Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) Mobil Pipe Line Company & ExxonMobil Oil Corporatioin Represented Matthew Horneman Attorney in Fact Title %pipelines\\pipelinc license agree 9 Revised 12-14-2007 Ln-MOG141 PIPELINE I A�qa y G Pi(OfCI$EO'10 �;�yLS+ 4, Et �G1y� FIPEU14Ey J *$T•,, I 1, rI.�r� 14ra q 4 u '� $OE L.00ATION�E+4� F` VICINITY MAP 6 PROPOSED 12" EMOC-141 PIPELINE ? PRODUCT: ETHYLENE ' CROSSING PIPE: 1275' O.D. X 0.469' W.T., X-65, PSL2, SMLS 12-16 MILS FBE & 20-24 MILS ARO MINIMUM TEST PRESSURE: 2838 PSIG MAXIMUM OPERATING PRESSURE: 1892 PSIG INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED CATHODIC PROTECTION: IMPRESSED CURRENT 3 PROPOSED 10" EMOG139 PIPELINE PRODUCT: PROPANE CROSSING PIPE 10.75' O.D. X 0.469' W.T., X-65, PSL2, SMLS 12-16 MILS FBE & 20.24 MILS ARO E MINIMUM TEST PRESSURE: 2160 PSIG MAXIMUM OPERATING PRESSURE 1440 PSIG INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED i CATHODIC PROTECTION: IMPRESSED CURRENT 9 NOTES: 1. CROSSING PIPE SHALL EXTEND S BEYDND RIG MAY ULMS. 2. TRAFACTOBE MAINTAINEDD INGINSTALLATION. f 3. PROPOSED PIPEUNE WILL MNNTAW MINIMUM 3 CLEARANCE FROM URUTI ES AND FOREIGN PIPELINES. 4. COOROLWTE SYSTEM NAD83 TEXAS STATE PLANS,SOWN CENTRAL ZONE, US FOOT Ox63sCn 5 EXXONMOBIL BEAUMONT2 PIPELINE PROJECT JEFFERSON COUNTY, TEXAS J.W. BULLOCK SURVEY, ABSTRACT NO. 7 a N Y O O Z Z. O 6 Or W U W R LL S Y Y HN oNs L5 N COR2JE-011.000 'CL PROPOSED 12 �'� `� ' 64� EMOC-141 PIPELINE 1+ o �z+oo 3+00 awo N: 13957076,58 N: 13957138.15 FLOW CLPROPOSED 10" E E'352993437 EMOC-139 PIPELINE 3526906.46 LAT:3o°0....76*N.... ~+ ` \ LAI LONG: 94°04'01.65V ��. - \ ' * LOI \ m PLAN 1'=50' 0. SR cD 0- LL O O LL O O O �' o out mu�o � ai �tiw cJiw w ai 4IF.............................................................................. NATURAL GROUND 20' ........................................ y.}}}}.......44.I........... ............ p...... ................................... .I... I........................ 41.0' 51.8' CLR 40'........... ........... ...................... :......... ..... ............. CL PROPOSED BUNDLED PIPELINES 12" EMOC-141 & 10" EMOC-139 -60, L ..................................:..............(HOD - 2)....................... 1+00 2+00 3+OC PROFILE HORIZ: 1' = 50' VERT: 1' - 40' ....................... 40' NATURAL GROUND ....... ....... 20 ....................:... 0, -20' 4V ....................... .60' 4+00 E&onMobil ROAD CROSSING DRAWING PROPOSED 10" EMOC-139 & 12" EMOC-141 PIPELINES _ JIM GILLIGAN WAY COR2-JE-011.900 uxc.m mmwa. a 99996 BMT•NL-OD00•UP•RD-0053 1 OF 1 UPI DRAWING NO. 99994ISPMW-11092 :_f= PROpDSEO 21Fb10F74LP�PELIN I �1' JEFFERSON COUNTY, TEXAS '4 RO�O PFd70C 131 PIPELINEaL J.A. VEATCH SURVEY, ABSTRACT NO. 55 °AY 4'fR �'. •Y 4.1�y'L� � i� 'el � �s3!6,f'r' U =4 "�-• 46 S[TE'LODA71 DR: US j11°g• b r GS69_ T�0(� xF ft �fi� �4.'� >z w o o C o w C) o C o D 25 50 R o d 2 0 0 0 'L pt�� :'Sires iA 3� iA a � w Ai w r COR2.IE-021.910 w `COR2JE-021.900 N: 13954641.18 ''': I ^ • --'` E: 3525024.71 CL PROPOSED 12" \ ROW �O \i \ \ v+i:3o°Dra6.2s"N VICINITY MAP EMOG141 PIPELINE \� 47° \ S LONG: 94°04'46.96 W 1+00 2+00 � 3+00 N: 13954589.55 ~— CL PROPOSED 10" �� COR2•JE-021.000 E:3524936.24 I--0 � i N: 13954603.70 EMOG139 PIPELINE ui:3D°ot'4s.ez'N E:3524960.49 -- —+ — \ LONG:94°04'47.99'W LAT. 30°01'45.95'N I •• H`i .I-�I---1 PLAN LONG:94°04'47.71°W .. V=50' U K Z N ZZ s >� UJ m m U K2m LLO au LLO � U m �Z PROPOSED 12" MPL-141 PIPELINE In THa o o Q PRODUCT: ETHYLENE = 3 0 w a 3: 5 CROSSING PIPE: 12.75' O.D. X 0.469- W.T., X-65, PSL2, SMLS m N • n N N N �' z 12-16MILSFBE&20-24MILSARO " MINIMUM TEST PRESSURE:2838 PSIG MAXIMUM OPERATING PRESSURE: 1892 PSIG 40'.................................................................................................................... 40 INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED NATURAL NATURAL o GROUND GROUND CATHODIC PROTECTION: IMPRESSED CURRENT 20' ............ ........................................................ .... ................. .............. ........ PY PROPOSED 10" EMOC-139 PIPELINE cPRODUCT: PROPANE 0......................... ............................ .......... ,... .................................................. V CROSSING PIPE: 10.75' O.D. X 0AW IN.T., X-65, PSL2, SMLS 1216 MILS FBE & 20-24 MILS ARO 52.8' MINIMUM TEST PRESSURE: 2160 PSIG64.8' 64.4' CLR. zD' .........rCL PROPOSEDBUNDLED ...............CLR: ............................ zo' MAXIMUM OPERATING PRESSURE 1440 PSIG 12" EMOC•141 & INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED 10" EMOC-141 PIPELINES t CATHODIC PROTECTION: IMPRESSED CURRENT • NOTES: _°,aw<,ww,�a..,a.,xeccx...urnac°xrz.c.a.cncar."•.x. ?= 1. CROSSNGPIPE SHALLFtiFNO SBEYOND RIGHT-0FWAY UNAIS. -60 60'e*�rzvxeuu-,rsmrivmmun�..nmx.muem.wme.xe ......................... ....................... ''mi°�'rOmuvr °wrawnmssn.nrmmm..wwcxe°mu°ssnra Z TRAFRCTOSEMKIam EO DURING RISTALAT0L 1i00 2+00 3+00 3. PRO POSED PIPEUNEWRLMAPITAIN MINIMUM Z CLEARANCE FROM UNUTIES AND FOREIGN PIPELINES. PROFILE i cooRDlNAre srsTEM:NADBO TxAs STATE VIaNE,sou1H HORIZ: 1'=50' rz...nex.�rz,. arz CFMRALZONE OB FOOTLI%SDSCFI VFRT., 1" = 59 * E&onMobil EXXONMOBIL ROAD CROSSING DRAWING s BEAUMONT 2 PROPOSED 12" EMOC•141 & 10" EMOC439 PIPELINES PIPELINE PROJECT SULPHUR DRIVE Q COR2-JE-021.900 w arz .wa w craa 89996 BMT-HL400D•UP•RD-0053 I 1OF1 E UPIDRAMNGNO_ 99M5415PMW-11DS3 r CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: ExxonMobil Oil Corporation Business Phone: (M 537-5200 Business Address: 22777 Springwoods Village Parkway Spring TX 77389 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 ExxonMobil Oil Corporation for EMOC 139 hereby grants. to hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Street Name or R.O.W. Description Length (Linear Feet) Jim Gilligan Way 62 Feet - $139.50 Sulphur Drive 102 Feet - $229.50 1 EXHIBIT "B" COST OF LICENSE: Licensee shall matte payment to the City of Beaumont as follows: o License Agreement fee - $500.00 o Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years; thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the 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. o All pipelines crossing public rights -of -way shall be bored from right-of-way line . to right-of-way line. Within these - limits, the pipeline shall be protected by casing or other method approved by the -City and/or the Texas Department of Transportation. o The pipeline shall be constructed in such a manner as :approved by the City so as it does not interfere with the use of the City property. 2 o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or_storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior 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. o Operations along roadways shall be performed in such a mariner that all - excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment. or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. Barricades, warning. signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part ofthe application process. Approval ofthis license agreement. excludes permission to do any construction on property which is not owned by •the City of Beaumont. o Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. . o A map showing the location of the proposed pipeline shall be provided. (1 "=2,000' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not . to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any, and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. . o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. . o The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. o Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) o Installation will be done in accordance with all City standards and statutes of the State of Texas. E REQUIRED COVERAGE: o Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional. Insured. Such policy shall provide for the following minimum coverage: a Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident o Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. 0 Licensee shall have in force with the City a surety bond in the principal amount of $1,000,006.00. 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 aperiod of one (1) year from the date of completion of construction of the pipeline. o Licensee shall indemnify, save and hold harmless.the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly, extends - to .claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. o If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or- employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.: o City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll. free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate- the responsibility of the person(s) requiring the lines to be relocated. o . City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to .be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. 3 o Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for. the benefit of any other person or private corporation, except the City or. the Texas . Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, .upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. NOTIFICATIONANSPECTION: o Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. o Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. Licensee _ shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 7 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 (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: Mobil Pipe Line Company & City of Beaumont Name -of Licensee: ExxonMobil Oil CoMoration P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: 22777 Springwoods Village Parkway Attn: City Manager City and State of Licensee: Spring; Texas 77389 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 hilly 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 n CITY OF BEAUMONT, TEXAS ME Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) Mobil Pipe Line Company & ExxonMobil Oil Corporatioin Represented Matthew Horneman ' Attorney in Fact Title \pipclincs\\pipclino liconse_agree 9 Revised 12-14-2007 tN�6A�p•;' " r VICINITY MAP JEFFERSON COUNTY, TEXAS J.W. BULLOCK SURVEY, ABSTRACT NO.7 .- Z¢ (9 Y K Y J J w — — Y n pp O .� y�Y i f z F wZ K� .� .. Q LLO O p u p t. O O O 1 Or W U C�p Oq ZUZ W R LL S Y ? -- o N NN oN N \ N: 13957107,97 COR2-JE-012100 \ k COR2JE-011.900 \ E: 3528921.67 COR2JE-011.000 CL PROPOSED 1"' �i D\ D/ �\ LAT:30°02'09.06'N LONG:94°0401.48'W EMOC.141 PIPELINE HOD P-2+Do rt 3+00 000 CL PROPOSED 1D" N: 13957 E:3528908076,58 N: 13957138.16 E: 3528934.37 J FLOW EMOC-139 PIPELINE .46 LAT.30°0Z08.76 N \ ~ \ LAT:30°DZ09.3VN LONG: 94°04'01.32'W LONG: 94°D4'01.659N \ ' ~ ~ \ \ PLAN V=50' O U 6. O j O ZqY Zq 2Z ZO O IIE -W WOM bV tF O y N 2x W NW U- W L¢ W 4t N N N N N N N D 25 s0 I� i PROPOSED 1T'EMOC-141 PIPELINE 40.................................................................................................................. 4D• PRODUCT: ETHYLENE NATURAL CROSSING PIPE: 1275.O.D. X 0.469' W.T., X-65, PSL2, SMLS NATURAL GROUND 12-16 MILS FBE & 20-24 MILS ARO GROUND MINIMUM TEST PRESSURE: 2838 PSIG e MAXIMUM OPERATING PRESSURE 1892 PSIG. — -- d INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED 6 CATHODIC PROTECTION: IMPRESSED CURRENT - -. 0' ...... ..................................,;,........ ..................................................... 0' S PROPOSED 10" EMOC•139 PIPELINE '- PRODUCT: PROPANE 41.0' 51.8' 3 CROSSING PIPE: iD.75'O.D.X0.469'W.T., X465, PSL2,SML5 Cam• ' 12-16 MILS FBE & 2D-24 MILS ARO -20' .........'13.9' , .. .............. .......:......... ............... ....................................... -20' MINIMUM TEST PRESSURE: 2160 PSIG CLR MAXIMUM OPERATING PRESSURE: 1440 PSIG - INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED CATHODIC PROTECTION: IMPRESSED CURRENT. -40' ............................................... • . • .... r ..:.. • ....... -40' - CL PROPOSED BUNDLED PIPELINES i NOTES: 12" EMOC-141 & 10" EMOC-139 1, LROSSINGFIPE SHALL WEND 9 BEYOND RIGM-0F.WAYLIMRS. .. 60' .. ..................: (HOD 2J ...... ...... .................. ............................ .. ................. ..... 60 my w.asswrrvum•n°u,.�wou¢rormvsmmrov `B 2 TRAFFICTOBE MAINTAINED DURING INSTALLATION. 7. PROPOSED PIPEUNEWILL MAINTAIN MINIMUM CLEARANCE 1400 2400 3i00 4+00 FROM UTILITIES MO FOREIGN PIPEUNES. - PROFILE 5 4. COOROINATE SYSTEM:MM TEXAS STATEPIANE, SOUTH HORIZ: ' cEr+rRat ZONE, O9 FoorOxeascq 11'=50' VERT:. = 40' ti E&onMobil EXXONMOBII " ,' ROAD CROSSING DRAWING 3 BEAUMONT2 PROPOSED 10"EMOC-139&12"EMOC-141PIPELINES PIPELINE PROJECT JIM GILLIGAN WAY COR2-JE-011.900 svnolxa s 99996 3MT•HL-DD00-UP-RO-0O52 7OF1 - - - -- URDRAIMNGN0.: 9999 IS-PMW-II= JEFFERSON COUNTY, TEXAS J.A. VEATCH SURVEY, ABSTRACT NO. 55 4•+%ie.s^ � N.;U,4 °v 4> W `y � � y` fit--' y{$DEI.00AifpN:. y 5H`• ra^� E '. � . oZ Z ZQ ZQ m K K y } \ > z it o o U w u o 23 o r w o 0 N�2-tWX PROPOSED 12" �®RED21.910 N: 13954641.18CL E:3s2so2a.71FLOWlAT:30°01'46.29°NVICINITY MAP EMOC-141 PIPELINELONG: 94°04'46.96 W0 3t00 CL PROPOSED 10" —H N:13954589.55 E: 352A936.24 COR2JE 021.p00 EMOC•139 PIPELINE �-+ LAT: 30°01'45.82'N i ~—i N:13954603,70 E: 3524960.491-- . \ _ IONG:94°O4'47.99'W LAT. 30°01'45.95°N I ' PLAN LONG: W04'47.71'W -. - 1'=50' . U K Q � � m K " QZ 5 ^ 9/1 m S O LL O U ,may, 2 m O a Fo o W U O C O 2 PROPOSED 12" MPL-141 PIPELINE U W O w �' w PRODUCT: ETHYLENE y 5 CROSSING PIPE: 12.75' D.D. X 0.469' W.T., X-65, PSL2, SMLS : r o 12-16 MILS FBE820.24 MILS ARO MINIMUM TEST PRESSURE:2838 PSIG 40' ......................... ••••••..— ......... ••••••........................... 40' MAXIMUM OPERATING PRESSURE: 1892 PSIG NATURAL NATURAL Y INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED GROUND . ' GROUND CATHODIC PROTECTION: IMPRESSED CURRENT 20' ........... ..........'..:...............................:................................ ........:.:... ........ ' 20' ' PROPOSED 10" EMOC•139 PIPELINE PRODUCT:PROPANE p• .................................................... ..:.........I.......................................... .. 0 CROSSING PIPE: 1035' O.D. X OA69' W.T., X-65, PSL2, SMLS 12.16 MILS FBE & 20-24 MILS ARO 64.8' fi4.4' CURL i MINIMUM TEST PRESSURE:21fi0 PSIG zD' .......... CLPROPOSEDBUNDLEp ..............CLR:............. .................. ...: .............. ...... .20• MAXIMUM OPERATING PRESSURE: 1440 PSIG 12" EMOC-141 & 3i INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILLBUNDLED 10' EMOC-139 PIPELINES CATHODIC PROTECTION: IMPRESSED CURRENT £ 9 -40' ......... (HOD4) .................................. ...............:............ ,................:.......... -40' 3 NOTES: J 1. CROSSING PIPE SHALL EXTEND 6 BEYOND RIGHT4F-WAY LIMITS. -6O' •••••.•••••....••••. •. • • - •••••••••••••••• •• • • • • • • •• •.....•••..• • • • . • .••••. ............... ••••.• • ' -60, 2 TRAFFIC TO BE MAINTAINED DURING INSTALLATION. - 1 PROPOSEOPIPESINEWLL MAINTAIN MINIMUM? CLEARANCE 14OO• 2t00 3+00 ' FROM UTILITIES AND FOREIGN PIPEUNES. PROFILE 4 COORDINATESYSTEM: NADB3 TOM STATE PIANE,SOUIN HORIZ; 1'=$0' CENTRAL ZONE, US FOOT D%83-SCFI VERT: 1'=50' EXXONMOBIL 3 BEAUMONT2 9 PIPELINE PROJECT " 0 25 SO MonMobil ROAD CROSSING DRAWING iOPOSE012" EMOCA41 & 10" EMOC-139 PIPELINES SULPHUR DRIVE COR2-JE-021.900 and xa 9933E 1 MT-HL-aODO•UP•RD-0053 10F1 UPIDRAWING N0: 99996415PMW.I IOM .D BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart.Bartkowiak, Director of Public Works/Technology Services MEETING DATE:. January 12, 2021 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a Utility, Crossing Agreement with ExxonMobil Oil Corporation and Mobil Pipe Line Company. BACKGROUND ExxonMobil Oil Corporation and Mobil Pipe,Line Company have requested permission to install a 10" pipeline and a 12" pipeline to transport liquid hydrocarbons. These two (2) pipelines will cross City infrastructure outside the. city limits of Beaumont. The pipeline will be constructed in accordance with City requirements. There is a one-time fee of $500 for each Pipeline License. Agreement. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of 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 enter into a Utility Crossing Agreement with ExxonMobil Oil Corporation and Mobil Pipe Line Company, substantially in the form attached hereto as Exhibit 'A" to install two (2) pipelines. The first pipeline is a ten inch (10") pipeline which will cross City infrastructures outside the city limits of Beaumont and the second pipeline is a twelve inch (12") pipeline which will cross City infrastructures outside the city limits of Beaumont. The two pipelines will transport liquid hydrocarbons. 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 12th day of January, 2021. - Mayor Becky Ames - APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LIMITS OF THE CITY OF BEAUMONT THE STATE OF TEXAS § COUNTY OF JEFFERSON § ExxonMobil Oil Corporation & Business Name: Mobil Pipe Line Company Business Phone: (800 537-5200 Business Address: 22777 Spring_woods Village Parkway, Spring, Texas 77389 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 hereby grants to FxxonMobil nil Corporation &Mobil Pipe Line Co. hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or Other Hydrocarbons products, on or across the following City easement and/or property situated outside the City of Beaumont, Jefferson County, Texas, but being within our Extra -Territorial Jurisdiction (ETJ) and/or Certificate of Convenience and Necessity (CCN) and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Nearest Street Distance to Easement 'Length {Linear Foot) of Crossing See map, list of crossings and the plan and profiles for each crossing outside city limits 1 EkH--1 B T "A" COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: License Agreement fee - $500.00 Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the 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. o All pipelines crossing City of Beaumont utility easements, water or sanitary sewer easements shall be bored from easement line to easement line. Within these limits, the pipeline shall be protected by casing or other method approved by the City Water Utilities Department. The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property.' The pipeline shall be installed a minimum of three (3) feet below ground and a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City. Such grades and' lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 3). 2 The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City; nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Water Utilities Department. o Operations along easements shall be performed in such a manner that all property where operations are performed will be 'restored to original condition or better. No equipment or installation procedures will be used which will damage any structures. The cost of any repairs to structures, sanitary'sewer lines, water lines or other easement features as a result of this installation will be borne by the owner of this line. o Any construction which takes place in, on, under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this. license agreement excludes permission to do any construction on property .1 which is not owned by the City of Beaumont. o Any licenses, permits or agreements required by another governmental entity (County, State or Federal) to adjoining property shall be obtained and a copy of such document shall be provided to the City. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall beprovided. o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to the . City property. Once the pipeline is in operation, any damage that occurs- to the pipeline which results in exposure or release of product must be reported immediately to -the City. Fire Department and Water Utilities Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. o The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City. o Installation will be done in accordance with all City standards and statutes of the State of Texas. REOUIRED COVERAGE: o 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: o Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident o Property Damage: $1,000,000.00 Such insurance shall be maintained in force and ,effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. \1 o Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety -will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect ' for a period of one (1) year from the date of completion of construction of the pipeline. o Licensee shall indemnify, save and hold harmless the City of Beaumont . 4 from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. o If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs -that may be done upon the property mentioned herein: Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont 'for any such damage or injuries so sustained by it; however, said conditions shall --not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN PROPERTY: o City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for.. the. City, within the property involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the property involved with this license will be the responsibility of the company obtaining said permit. - - Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called -fox notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Water Utilities Department) and kept current at all times.. This number shall be provided to entities permitted to construct, maintain or excavate within this City property and which are required to provide notification of such work. When information has been relayed to Licensee;. through the phone number provided, such contact shall constitute notification. for Licensee to provide location of its lines. Failure, by Licensee, to respond. . within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground 5 work that may be deemed to be necessary or proper by City in, across, along, or under the property. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. o Whenever by reason of the change in the grade of the property occupied by Licensees' pipeline, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate; alter, encase, change, adopt. or conform the pipeline of Licensee thereto, such change. shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; Licensee will, upon notice from the City, make such change. immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is within City property. NOTIFICATION/INSPECTION: o 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. o 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. o Licensee shall notify the Water Utilities Department at least forty-eight (48) hours prior. to completion of work and removal of equipment from thejob site to permit the City to make an inspection. 6 SPECIAL CONDITIONS: Nonassignable This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license pridileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either parry attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: ExxonMobil Oil Corp &Mobil Pipe Line Co P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: 22777 Sprigwoods Village Parkway Attn: City Manager City and State of Licensee: Spring, Texas 77389 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the Water Utilities Director. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 7 Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 ATTEST: City Clerk CITY OF BEAUMONT, TEXAS Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) Mobil Pipe Line Company & ExxonMobil Oil Corporatioin Represented Matthew Horneman ' Attorney in Fact Title \pipelines\\pipolino llccnse agree a Revised 12-14-2007 12/29/2020 CLSUNK Maps - UPI EM Beaumont 2 3 City of Beaumont ract This is not a survey product. Distances in this map are approximations only and should not be Cont used for authoritative definition of legal boundary or property title. Land Staff �a NORTH AM ERICA https://Iink.clsrow.com/Maps/App/index.htmi?t=l609275853917#/project/39256f5e-3067-4a8c-a759-10bfa9cf007a/map 1/1 Beaumont Texas, Utility Crossings The following was identified as City Utility pipelines we will cross and those in bold print are outside the city lim.its: S. Major Dr. (FM 364) — 20" Water main east side of road Water Map: 400 Water Maps-24x36-Wa426 IH-10 S — 20" Water Main southeast side of Hwy Water Map: 400 Water Maps-24x36-Wa426 Ford Arena — 2" Water line Water Map: 400 Water Maps-24x36-Wa426 Hwy 124 - 8" Water Main & 15" FM Sewer Line Sewer Map: 400 Sewer Maps-24X36-Sa426 Water Map: 400 Water Maps-24x36-Wa426 Frint Drive —18" Sewer Line & 8" Water Main Sewer Map: 400 Sewer Maps-24X36-Sa430 Water Map: 400 Water Maps-24x36-Wa430 Erie St —12" & 16" Sewer Line Sewer Map: 400 Sewer Maps-24X36-Sa428 Port Arthur Rd. (Spur 93) — 20" Water Main Water Map: 400 Water Maps-24x36-Wa428 Highland Ave. — No Utilities Sulphur Dr. — No utilities E Cardinal Dr. (US 69, 96, 287) — No utilities Jim Gilligan Way -10" Sewer Line & 8" Water Main Sewer Map: 400 Sewer Maps-24X36-Sa425 Water Map: 400 Water Maps-24x36-Wa425 Martin Luther King Blvd (Spur 380) — SW side - 6" Sewer Line & 8" Water Main; 8" Water Main under Hwy; NE side —10" Sewer Line & 12" Water Main Sewer Map: 400 Sewer Maps-24X36-Sa425 Water Map: 400 Water Maps-24x36-Wa425 VW&R St. — NW side - 8" Water Main & 6" Sewer Line Sewer Map: 400 Sewer Maps-24X36-Sa425 Water Map: 400 Water Maps-24x36-Wa425 87 SEO T2. x t :.7u• �� ri ' EMOC�1/��I_P�_E�NNE+' ✓ PROSEDdo .may 4 fir IV t r1 E�•'P1 ':' � J 7 6b V'�i -S +' I COR2-JE-025.00D CL PROPOSED 12" P. 94°OS 3330W EMOC•141 PIPELINE.. ^ . '..:. VICINITY MAP V,7aI —FLO CL PROPOSED 1D". --: N�13953294.82 EMOC-139PIPELINE - I c.,c,,,ceD, PROPOSED 10" EMOC-139 PIPELINE PRODUCT: PROPANE 1 CROSSING PIPE 10.75' O.D. X 0.469' W.T., X-55, PSL2, SMLS i 12-16 MILS FBE&20.24 MILS ARO MINIMUM TEST PRESSURE: 2160 PSIG MAXIMUM OPERATING PRESSURE: 1440 PSIG INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED CATHODIC PROTECTION: IMPRESSED CURRENT 1 i PROPOSED 12" EMDC-141 PIPELINE .PRODUCT: ETHYLENE I CROSSING PIPE: 12.75' O.D. X 0A69' W.T., X-65, PSL2, SMLS 12-1B MILS FBE & 20-24 MILS ARO f MINIMUM TEST PRESSURE: 2838 PSIG S MAXIMUM OPERATING PRESSURE: 1B92 PSIG MOP INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED CATHODIC PROTECTION: IMPRESSED CURRENT NOTES: L CR059NGRPESHALL EXTEND S BEYOND RIGHTDF.WAYLMRS, 2 7RAFFlLT0 BE6WNTAINEO DURBJG INS7ALUDON. , i PROPOSED RPEUNEWU_MAlTAPIMNWUMTClEARANCE FROM URUTESAND FOREIGN PIPELINES: 4. CDOROIWE SYSTEM NAD8: TEXS STATEPLANE, SOUTH CENTRALZDNE,USF00T(TX835CF) EXXONMOBIL i BEAUMONT2 PIPELINE PROJECT JEFFERSON COUNTY TEXAS J.A. VEATCH SURVEY, ABSTRACt C11 NO, 55 G s�aj I o: U �u°•i �I��d oa xz o ad Ddaoa a g of A0 08 o way iw o U :O U 01 E. i u9 V O O V - 0 25 60 51 n N + 2 i N COR2JE-025900 N: 13953340.56N �p, COR2JE-024.100 E: 3522834.68 ae i 90 LAT: 30°01'34.34'N 2' .l . 5-L� LONG: 94°05'12.47W N: 1377 953337.80 '�' f. ��y�� - - - `" . F—a N: 13953310,22 E 3522836.36 rid i'•-`W �_ E: 3522799.69 LAT:30°01'34.31'N- LAT:30°OT34.14'N LONG: 94°05'12.46W ,, COryE-023.000 ~ LONG: 94.0 12.06"A -„ - COR2JE02Q900 ,- 1'=50' Lr m a N uU-- y W z x6x• Ow SQ LD =wOa OQ�oa a�a cr'tier'i o O M2to o J wow Jg¢or ow� izh 40' .............. .... ..ma ..... $N ...... oaaV- .............. qp' NATURAL NATURAL GROUND I GROUND 20' .......... .............................. ...............: ......................... ... 20' p' .................. .20' WATER LINE ........ ............ ............ :................... ...... ......:.. .............. �. 0, 16.4' CLR. 59.5' 47.5 -20' ...... .. 61.1,..........CLR ................................a........ .................. -20' 43.5' -40' .........................:..... ............ ...................... ................. ;................. -40' .................................................................................................. .60' CL PROPOSED 12" EMOC-141 & 10" EMOC-139 PIPELINES, (T.O.P. EL.-59.5') -pry ......(HD�5). .................................................................................... 1a00 2a00 3+00 PROFILE HORIZ 1'=50' VERT: 1" = 40' * : ;• •JON MARNIE ....... ...................... -94 .117284 lir, E)f(onMobil ROAD CROSSING DRAWING PROPOSED 12".EMOC-141 & 10" EMOC-139 PIPELINES STATE HWY 931 W PORTARTHUR ROAD C0112-JE-025.900 Nb1N] WUYxONlwFn 99996 BMT-ML-0000-UP-RD-0943 1 OF 1 UPI DRAWING N0: 99996415PMWAID43 i lj SITE LgCA7toN ',r'' r,`"..✓ PROP,`OSE012 Vd:U, '' `EM.OG14tPIPEUNE EMOO.139 PIPELINE , VICINITY MAP PROPOSED 10" EMOC-139 PIPELINE PRODUCT: PROPANE - CROSSING PIPE 10.75' O.D. X 0.469' W.T., X-65, PSL2, SMLS 12-16 MILS FEE MINIMUM TEST PRESSURE 2160 PSIG MAXIMUM OPERATING PRESSURE 1440 PSIG INSTALLATION METHOD: OPEN CUT CATHODIC PROTECTION: IMPRESSED CURRENT PROPOSED 12" EMOC-141 PIPELINE PRODUCT:ETHYLENE CROSSING PIPE: 12.70 O.D. X 0.469' W.T., X-65, PSL2, SMLS 12-16 MILS FBE MINIMUM TEST PRESSURE 2838 PSIG MAXIMUM OPERATING PRESSURE: 1892 PSIG INSTALLATION METHOD: OPEN CUT CATHODIC PROTECTION: IMPRESSED CURRENT NOTES: 1. CROSSING PIPE SNALLEXTENDS BEYOND RIGHTZFIYAY UNITS. 2. TRAFRCTO BE MAINTAINED DURING INSTALLATION. 3. PROPOSED PIPEUNEIMLLMAINTAIN MMIMUMZClEARANCE FROM UTILITIES AND FOREIGN PIPELINES. 4 COORDINATE SYSTEM: NADS3 TOW STATE PLANE; SOUTH tFNTRALZONE US FOOT 0X1135Cq EXXONMOBIL BEAUMONT2 PIPELINE PROJECT Q COR2JE-030.900 CL PROPOSED 12" EMOC-141 PIPELINE JEFFERSON COUNTY, TEXAS JA. VEATCH SURVEY, ABSTRACT NO.55 W O � .8 In In W 1 0¢ W O 4 U U O6 s^ 2w �-W LL Off. N N N CL PROPOSED 10"—/ COR2-JE 029.50D \6 EMOC-139 PIPELINE 0 ; PLAN V=50' a — z 7 IN W10 VCU OU 20. ................. .................... ........................... ....... ,........................... 20' NATURAL 12"SEWER LINE NATURAL GROUND' 1V SEWER LINE GROUND 10, ....... .. ............. ..... 10, 4'MIN. �1 13.1' L _ 4'MIN. p... .......... 2'MIN ............... .... ..........;........................ 5' MIN. .................... 0, -10, ....... ............ . . .CL PROPOSED 12" EMOC-141 & 10" EMOC-139 PIPELINES................ -10' (T.O.P. EL. -2.2') -21.................................................................................. . ................. . -20' 1+00 2+00 3+00 PROFILE HORIL• 1'=50' VERT,. V=20' 0 25 5o E&onMobil UTILITY CROSSING DRAWING. PROPOSED 12' EMOC441 & 10" EMOC-139 PIPELINES ERIE STREET-12" & 1V SEWER LINES COR2-JE-D29.900 e� a * + Sam BMT-HL-0000-UP-RD-0111 I 1 OF 1 E BEAUMONT TO: FROM: PREPARED BY: MEETING DATE: City Council Kyle Hayes, City Manager Bart Bartkowiak, Director of Public Works & Technology Services January 12, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an agreement with Jefferson County related to equipment used for the local Public, Educational, and Government (PEG) Channel. BACKGROUND In 2005, the Texas Legislature passed legislation enacting -a new.Chapter 66 to the Texas Utilities Code, authorizing a state -issued certificate of franchise authority for cable and video providers. Within Chapter 66, it specifies that the operation of public, educational and governmental (PEG) access channels for noncommercial programming shall be the responsibility of the municipality receiving the benefit of such channel. Currently the City of Beaumont operates the governmental PEG channel'and Lamar University operates the educational PEG.channel under agreement with the City of Beaumont. Jefferson County is asking for funding to enhance the recording.of their County Commissioner's Court meetings that are broadcasted on the governmental PEG channel. The project, will include cameras and recording equipment, microphones and a proj ector/screen with installation/training. The City of Beaumont agrees to reimburse Jefferson County up to $120,363.00 for the purposes of this project. The reimbursement will be made from monies received from Spectrum that are restricted for capital expenditures for public and governmental programming. FUNDING SOURCE Public Education Government Programming (PEG) 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 enter into an agreement with Jefferson County, Texas in a reimbursable amount not to exceed $120,363.00 relating to equipment used for the local Public, Educational, and Government (PEG) channel. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of January, 2021. - Mayor Becky Ames - Jefferson County, Texas Agreement httweebetweenJefferson .County,, T .'exas and. the City of Beaum;on't :for Operation Of "lie :Government PEGI Chiluitid The City .of Beaumont and i-efferson County `enter into this agreement pursuant to, Chapter 79 IP. Texas Government. Code: and hereby agree; I:. Tcitizens, o -here. is,,mutu4l benefit to other to. the fthe -community and swounding areas.. .in acquiring r technologyfor operation of the ,local ..Pliblic.,...t,duc"�t,ioiiqll,-and, gnpW9 Government (PEG -Chanhet). 12. in accordance withthat.niatual goal -and in keeping wwthpreviousjy agreed documents which are , Beaumont agrees reimburse attached (see, Attachments.) znd, includddjhere by- reference, the."City ,,pfBeau J656tsbn County up to S1.20,13,63.60, for the purchaseandupgrading equipmentrelated to. broadcasting,; hp listitig,and`cp5t- of which is -,Set forth -in Ekhibit;A. Itis properly d :installed I and o 5. Jefferson County agrees -topurchase llie equipment,aTid se thal pperly i stalled and 0 W,6tk,iiig-,,.order- .and,:agr.ees. to maintain .the equipm'e-ni't. 4.:Both .Parties. .agred that if 'a.dispute arisos I'they will first ttytowoik it out betWO'Ot"thdiselves"in a.good: faith effort- toxesolve-their, differences. . fanagreement cannot be_ reached, then the: dispute will be sent to. binding..-mediatloh. Notwithstanding �wiytliing in this section, :however, both parties agree that ,this .-contract does not ,grant .a, waiver of, the constitutional, 'statutory or,,c.on=on law, privileges, d e S, 466 or -immunities of the'parti WN.9r.ITjMr _ A% EXHIBIT A' m Exhibit? -do iaema Ineed,azpp I . 1 copy y of the exhibits. Are -those pages-'YoU,.,qtt8L6ed, y late email the E-,du it? Signed this day of beedmber,2 62,6. A .WD GE. JEFrR—.URA-NTCK,"C TYJUDGE Signed ,.�gnd this d 202G 2 Exhlbl't ".A-.- Co Jefferson County°�CQhimissione' C urtwould:161k'eto:h�fve.,t . hi's Ofea "r rs Court pr e jgWed for qualification in', the PEG grant program; As' you, are .-a-warejthe court: proceedings are -,aired; on Spectrums .8-G Channe l, and ,.are -currently being ta: d., I (P� M.M rA, W",b'iwd.uld.'like: -to mod ty,thi's process: Mtoone thoth ffiuIt'P l sfor better vil 9vib �e 'gbythe-:p' blit a' W 611: as,a-new uDd-ate and —0, system -t provide better udio.6hannell This system will be.. able t. h' students .a a li o be run by. stud en '-t "from Lamar U.'rillversity, Weate: co�ritrarctiilg.,:t.�h�is,jQb"to .the company Pizanviih Joff(khloy -;thq WhoAt, onthe,� � loca[ distributer fof'WiCzIster Video , systems. Their -t .. Jpforma(.�.Jpn is listed encldsecl.o quote. b The. parts 1111st and'In'st" Ilation f this project e.-ew�. . � or listed bei'dw— jefferson,Cpint :PEG Grant. Applicat ion. Quote.. Explanation TraiMing V-1dow.p.rple6t, o 'trlCqsi&Vidp-oS; witc-her, a C,a,mqras:-.an-d attachm6qts o' Power It.ijectpr p Rack a Adapte I r$/Cdhhectqfs A.Udio';Proj t. • Gbogeneck Mictoohories • Gooserikk Mi.crophon.e.Bases p Wirdle'st Microphone a Mi.drophane, Rack and,attachments # Adapters/Connectors, ?roi pctor. Pr ojec:t, ,o. Projector .o Screen Hb'Mi',C'ab'le thipOjng� Prpied Total $7;,,,900, $4%.586 $47,82-3 /�S,T $K8Q $3,3.63 ,$101146 $11767 $11279 $2;080 $�64 $7,2.87 $11.1p 5 $367 $126j3,63 6eagmant, TX;77706'.: Phono:.'404=860.92a3 faxi 409 660 92B4 if6iiaon County`'Te"sas JeR:Rossv 149;P,ear(ttreci Sulle 600= 'Eiaaumont TX 77707 gos;s3s-aaa P!i jciit;Goal c 0lsito 4tA a ccmptete'video`pioducttori:ecosystem fpr the C,ominIsstndets,eaurt'torvideo retordinQ and,I roadcasting. MASTER',&HT OL r- TdCaster'2'Eiite(3RtlChasslsvultedundant `owes hHns�f/wsw�.nowtak:damhflcasied2=elite? 7 ProTekfoi•TriCastee2Elita(Initial%2ybarcoveragit)' S449$,Ob $d,A95.00 " •'S'J9H.G0, ��- 2A"mcoltonpack5"gefn�TtiGt(ei'.` $799;00�: l Skaaihuj'MaYterKeyOnc'eontroller(otTnCa'stgr-Complete;progrsrtuitaBle,contrdstrfacg, $4,999.00 54999QD `'V' j SkaarhoJPTZ••P(n,W/;HaltEf/eeC7oystfek,CamemContrallef 52,499..00 �1,494:00':iG .40" Installing nntl,Prooramming newAudloMdeo sysletn dgt6pnwpl'per original"specificdans $t95'i00.r :S7;sw.'o9 TrainittgC.ustomolftul-gperaUoris'of=nesgsystem $195;00:- S_7 560.Q0; _SuetbUl $49,745ai9 3O9TOTAL$44,746.00` ATHEd CO IMENTS:: TAX RATE 0,0825 TAX Custmneragreei.to::pravldeadequatapetStnHtsviltcti,to'canncettticixyitcmfoget6er. Cfscd,,pruha;:Aristaforexampti. '.07HER- Cs>stortier'atzo zgeee's loJschfiate andyiark *0 ui'to fiord and Tn"stall`any conduit Peeded:from the Eamewlocations-[o the V CasterCo"ntigl:rotim. TOTAL• $t9,74 :60' CUSTOMER: Jefferson county °aa a 3 + 1 .� 47.E C:;� RQuote llata"Deoembbr 15,2020= -. `.Sr s _ ` ApFppQmg�r_ ,a E < s, Prep,hy DauaKredemam --- -- , �' r Grp z� x Ka ; Win, ," ar Phone 312.70 4671 EiealhdavLkiitBedwa:dum; CONTACT: Jeff Ross -fo AODilE55. QUOTE"8_ m AMOE150KOT P.ANASONICAW MISOM HD PTZCAM'BLK' 59;416.70: $47,08350 _. 4- `, FEC-;SSOWMK PANASQNICWALL,MOUNT;F/AW.L1E150'8LACK $185:00. 1 LPJ008A- R2 -_ .. BLACK'8OX,30/10o/1Oo06A5E:TPdE.t.fNJ; _ $557;70' $557'70 _1 NP-PA633UC-01Z4. NP=PA653UCwith'NMIRlens'bundle,'41earwarranty ...... 1' RFR402869= 29WZOSP28DP RFR RACK?BR $98D:00 S98D,o0 ' 10: MXC4360F f 16 inch Dual:Flef GooSeiieck Mic 1 QLXD24(SM56 650'- QLXD2/$MSB7Naedheld 7i.6Mmifter,with'SM58 Microphone " $973 64 $973:64L, _°S - - SB900A_ __ Sfiute Littilum=lan`Aechargeabfe8attery' $91:39` Ina9___ _ 1 SBC200-US= Shure Dual 0otkin -Charger with Power. Su ply _..- ;5213:25. S213 25' 1 NY64-D Dante Digital Interface Card _. w '639113 $391`.23 1 K028OPRO_ Closed,araund4he=earcollapsabie, rofesaianal'monitotin ,,head hones $93 36:: $9336' 1 TF.=RACK 1fi'oriboar8 Marline-analosinputs.3dmono;2stere o'mixa6lechannefs:.3U $1;689:00 $1,689.00:_ 2,! N22MV—SK Up life100oftCat6600MH2Glgabit8ufkSoild'PVC°CMW;,CabIABla&�loOW, $155:99 5311.68" = SDO�OTAL 2". ?FftE1GHT ,66,vootopot, Edutat 4 C70rOorate'Dep _,,artmont 00-947-' _01 212-230-756.3'' Pro - 81 '00-85&5517 2 Ccom- we,corporgg;646 phqto.cpm 5tateandiccilfii 6pt fihphDWcdifi -,420;;NilithAveiiiie,.'New.Yi)ik, Cit w• wW*bbp pto 4 dem.com-, `Van5essw,Lluchney 1149fiarl-St, T�l - ,6 h; -oar 1WAI IONT,,,,T-X,-7,,7701 B HIT ho e: .(.40119" 54"i 'Pates Are VaNdUjitil: U/2-1/20 Quote No.: !00 05,41,97 ' . - 1 _ I ' ... 11 1 Tfefei-ence lo Vanessa hriey Floor 9E, A'VNlQNT,,,TX,7,7!.01 amm &W." 2i B M12G sol 4KP60,'NDI ENCDFU6CI)R/REG DQQMIR[,kiDMI =HDMI'tO, NdItWCODIER /A _G IS— CANAR1=750HUBW CRIMP :`P'L tiG)REG, ARAMER.PLUGABLE'OPTCLHDMI CABLE,PL.ENUM -98'/REG: I AUv.tNAte'.OA'NTt,;AVIO 2x2 U.!'' a9l/Q APAPTERIREG Z XAQ, .5"'..POWERED STUDIO-MONITORw,BLAQWSEG ,'--I POLITEIELECTZONTOURX`13 1 77,16:1*0 -VATM.,,WAtT,,El REG Thi,§.,b:A.$pecl4lOrddrltemj And li:'NatRdfOrnable. l '',qEL-DE'N',1',iG,H;d4K,UH6-VID.PB,L=75P!gQAWP-1,600'6,k/R'P-G ,,hfs.is kspedlslbrder lieM,And 1.4,Nat iqeturnsble. � P- kFtAmtlio ncAL HDMI PLEWPM bABLE-26ZREG (400)83$.;.$W ALIAUSBAU ';grUSSA 2X2 T`kAodb "(Lpq $ ,172:40: v Codfinited an N, cuil6hiae 6064 Government, a Corporate; Dempartnietit. ent Education, -..and Fdr Pritind.Reauesfs: Purchase Orders., andir-ust6rner�`6-rvirp- 47 40031, .2 212,4 59.- -7 low" -emMlb ds@MphotocoM� Fed Gov m 3UWhdL6dl.-bldd"'Lp6h'h'i com .,,,4,2OjN-irithAvenue, New'Y k WW"bp ovid or Cityi jNY,, 1 0 hin ''I,. emcoth, Q 1069 4229.7 Pate, Usto.mcr.Code, IMPORTANT NOTICE: l %H-has- beduh rc6ll6cfing Texas :6,ales .tax. If' you _are TX' - exempt, �pleiefsecontact TAK Poo.grbijkitlTo ljpodte; the status 6,'f 'your, aCCount, ljlddsje-. email }C7-jcompleted . -tax "pmpt. -c*,erri f tq4te t.p: hotb�.coik. ',The',BkH, Tax. .:p lj*!�tm,eht can be t"6he3L� pne'at :2 12 -O 6 8i. lildas& 'r.efeioni-d "your 'cliiote iiuirtlser on all 00" -C*it' b, items may bq-enforced ty-vendor to. seil at f hd- vendor--smpo_ged price posted t .Qiw t�ime "of orddk Y P.kyfnL'i,-,Ti Aniount NIA, Shippingv TM 458.45` I i7offl.- ippit'6mlpr Copy Fft 0;20,2 Quotation Quote # D EleptrhJc'Corp,.` '- 144=04,'PV#,Avenue 4*6616; Y14435", States Y1�2i 24, 4ted pie wvvwlldal. rbaudiozorh pales'Rep ;po:# Teren0, ShipVla der'Nd.tes Bill to !$hlp:Tb, Vanessa'" LaphneyVaness a ftbydffbrsbn Coupty7- Texas Jefferson County - Texas149Par 8ireet 1149 OdaH Street : .6th,fidot 6th,flodr .Beaumont TX;77701` Onffe- Beaurridn''tTX 777.01 United 8 a t,tos AI N U00t [A AU.-L)IQ=TECHNIcA.ATND867!AMICROPHONE 'Q.E.5K'STANDWITH';DANT.E,NEIT,WORK OUT -PUT, SI)PPORTTIOR PA-,NTE DO'M.A..,. II IIII�IIIIIIIIIIIQIIIIIIIII:III 7 28E�Tll4 6 " TV -',,,2 1-0/26/20,210 1 'f/25/2I0I2'0 Tim BtbWn'Tim: Q Fown ATND8677A (4 9 j. UPSWGr0LjnciftJ,$44),l,' 456i'00' ;4',55 Subtotal C550JOQ Shipping Cost (up" - .1 4 Total ' , $A!A 6 12 p- q)lNewTek,- TriCasterO 2 EI;14�,- User Guide q m Tri Caster•2 Otte x' F bl!01202'6. ;AW-Ub150LV2 28 flftnW*e updafe. Mind "' -- t;;' ; wcemen pig LG) LIVE - V tO.-S RT'M.Ps PRESET 4K CROP CH' '-Ot OUTPUT SUPPORT LAUN ER CONTR httjpflnia.pani'as--- '. com/usititd6lddfiiLill/fil6s/2019-09/aw-u6l5O-.v2.28 finjiware Update anfioun66rh6 f.ohg BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, JANUARY 12, 2021 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognitions * Public Comment: Persons may speak on scheduled agenda items 1, 3 and 4/ Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider an ordinance granting a solid waste franchise agreement to WM-D's. Equipment Rentals, LLC 2. Consider a request for a Specific Use Permit to allow a Banquet Hall in an RCR (Residential Conservation Revitalization) District located at 590 Royal Street 3. Consider amending Section 20.03.003 of the Code of Ordinances that would change the speed limits on Major Drive (FM 3 64) 4. Consider an ordinance denying the change in rates. requested in Entergy Texas, Inc.'s Statement of Intent filed with the City on December 14, 2020 COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager/City Attorney comment on various matters EXECUTIVE SESSION * Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: The parking lot located at 600-612 Pearl Street adjacent to the Jefferson Theatre Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Kendrick Williams vs. City of Beaumont, et al; Cause No. A-204,508 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 January 12, 2021 Consider an ordinance granting a solid waste franchise agreement to WM-D's Equipment Rentals, LLC BEAUMONT TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: City Council Kyle Hayes, City Manager Todd Simoneaux, Chief Financial Officer January 12, 2021 Council consider an ordinance granting a solid waste franchise agreement to WM-D's Equipment Rentals, LLC. BACKGROUND According to City Ordinance 22.05.101, no person shall engage in the business of collecting, hauling or transporting, in -the city, any garbage, waste or refuse, without first having obtained a franchise from the City. Ten entities currently have nonexclusive franchise agreements with the City. WM-D's Equipment Rentals, LLC has requested that the City Council grant the company a franchise agreement. WM-D's Equipment Rentals is a small locally owned business renting roll off boxes with its Beaumont office located at 8605 Broussard Road. The franchise agreement would provide for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, franchise ordinances require readings at three separate Council meetings, with the third not less than thirty (30) days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on the third and final reading. After passage, the ordinance must be published for four consecutive weeks in a newspaper of general circulation in the City. All publication costs are paid by the applicant. Attached is a copy of the proposed agreement. This is the final reading. FUNDING SOURCE A franchise fee of seven percent (7%) of gross receipts will be paid to the City RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO WM-D's EQUIPMENT RENTALS, LLC. WHEREAS, WM-D's Equipment Rentals, LLC (the "Company") has requested a franchise to operate a solid waste collection and transportation service within the City of Beaumont, Texas (the "City"); and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. Grant of Authority There is hereby granted by the City to WM-D's Equipment Rentals, LLC the right and privilege to operate and maintain within the City a solid waste collection and transportation service (the "service"). For purposes of this franchise, the term "solid waste collection and transportation service" shall mean the business of collection, hauling or transporting any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such material in accordance with law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty (60) days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term hereof, this franchise shall continue on a month -to -month basis until terminated by either party or extended or replaced. Section 3. Rates The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty (30) days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to SEVEN PERCENT (7%) of the gross revenues received for service in the previous month as payment for the use of the City's streets, alleys and rights-of- way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer name, address, frequency of pick-up, size of container or type of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: 1. Upon written request and within thirty (30) days of receipt, the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served, frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity, Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company's operations under this franchise, whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company, its agents, servants or employees, and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00) property damage. This policy shall name City as an additional insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. 3) General Liability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury, and One Hundred Thousand Dollars ($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition, the Company will observe all city, county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and roll -off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty- eight (48) hours; the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company, the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten (10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company, the City Council may, after a public hearing in which Company is provided an opportunity to present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to: WM-D's Equipment Rentals, LLC 8605 Broussard Road Beaumont, TX 77713 Notice to City is sufficient if mailed by certified mail to: City Manager City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not effect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty (20) days prior to the effective date of this franchise, the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise, the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the 8th day of December, 2020. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the 15th day of December, 2020. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the 12th day of January, 2021. ACCEPTANCE: WM-D's Equipment Rentals, LLC By: (Company Owner/Representative) - Mayor Becky Ames - 2 January 12, 2021 Consider a request for a Specific Use Permit to allow a Banquet Hall in an RCR (Residential Conservation Revitalization) District located at 590 Royal Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: January 12, 2021 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a Banquet Hall in an RCR (Residential Conservation Revitalization) District located at 590 Royal Street. BACKGROUND Calvin Lovely is requesting permission for a Banquet Hall at 590 Royal Street. He states that most of the former Banquet Halls in this neighborhood have closed leaving a void. Mr. Lovely states he intends to install an eight (8) foot tall wooden fence along the north and east property lines. As he intends to expand the parking lot, there will not be sufficient room along the east property line for the required ten (10) foot wide landscaped buffer. Mr. Lovely is requesting a waiver to this buffer to allow more off street parking with crushed limestone. On -street parking may present a hazard to the fire station. Reasonable efforts should be made to prevent guests from blocking the roads. At a Joint Public Hearing held on December 21, 2020, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit with a waiver to the landscape buffer requirements along the east property line to allow a Banquet Hall in an RCR (Residential Conservation Revitalization) District with the following condition: 1. A revised site plan be submitted demonstrating required perimeter landscaping and parking that meets current regulations. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following condition: 1. A revised site plan be submitted demonstrating required perimeter landscaping and parking that meets current regulations. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 30, City Codes) TO: THE PLANNING CONMI..SSIONAND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: APPLICANT'S ADDRESS: APPLICANT'S PHONE #: [ ql - FAX #: 4-tt 9.L RF\�1 ADDRESS OF OWNER: LOCATION OF PROPERTY: LEGAL DESCRIPTION OF PROPERTY: LOT N0. 6-3 BLOCK NO. ADDITION NUMBER OF ACRES. .QC — OR 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 No A��-I�� ZONE: [2-,C (L 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 V2" 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''/a 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, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be ered to as amended and approved by City Council. cam- /_ //_J7- SIGNATURE OF APPLICANT: SIGNATURE OF PLEASE TYPE OR PRINT AND SUBMIT TO f �Zi)26- V—:: FILE NUMBER: i NOT APPLICANT) DATE: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 DATERECEIVED: Phone- (409) 880-3764 Fax - (409) 880-3133 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. November 9, 2020 Planning & Community Development 801 Main Street, Beaumont, TX 77701 RE: Special -Use Permit Letter of Request To Whom It May Concern: My name is Calvin Lovely, and I have been connected to the South End area of Beaumont, Texas since 1950. In the South End of Beaumont, many families were able to enjoy many pleasantness in the neighborhood for many years, from the Knights of Peter Claver Hall to Charlton Pollard High School and many other historical businesses in the area. Many of these past businesses, were the heart of the community, have since closed down. This has left a void for this area. One of the businesses, The Longshoreman Local, built in 1978, subsequently has closed in July of 2020. This building provided a service for both social and functional events. I purchased this building, after closure, with the intention to re -open the building for some of the same uses that the previous owner envisioned. The interior of the building is in excellent condition and needs very little work but when it comes to the exterior, I have decided to do many things to improve the site. My intentions are as follows: • Reconstruct the parking lot • Install shrubbery around the front and left side of the property Provide an 8-foot wooden fence on the rear and right side of the property • Keep the current lightening system due to adequate casting for the parking lot In this area, most of the banquet halls have closed. My mission is to make this banquet hall available and affordable to the residents in the community, in Beaumont and surrounding areas. If the city would grant me this "special -use" permit, I can assure you, the vision of this community will be restored and revived, starting with this building. I'm requesting a waver for the 10-foot landscaping buffer required along the east property line for extra parking. Sincerely, Calvin Lovely Owner, Lovely Inc. The eight Conditions answers under the Section 30-26 zoning ordinance 1. This is an investment in the community, that I have family and friends living in and I would not do anything to diminish or impair the value of my property or anyone else's property. 2. We do not feel the opening of the center will no stop are impede the normal development of its vacant property in the surrounding area, but only improve the services in this area. 3. The property has all of the utilities, access to the roads, drainage and all of the requirements that the City code requires. 4. The design of our driveways, walkways and parking space conforms to the area and will not have any adversely affecting the general public in the area 5. The facility does admit any odor, fumes, dust to the area, but as it relate to noise and vibration it will in fore by placing in the agreement a noise and vibration statement that said that the renter is held responsible for there guest and the owner can close the event down for non compliance. 6. I have directional lighting that is on the building that will light up the parking lot that will keep the renters safe and does not affect or disturb the neighboring property. 7. Yes, we have sufficient landscaping and screening by installing fencing and trees around the property to insure harmony and compatibility with the surrounding community. 8. Yes, this proposal is in accordance with the Comprehensive Plan, it is and improvement to the area and it serve the community. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BANQUET HALL IN AN RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 590 ROYAL STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Calvin Lovely has applied for a specific use permit to allow a banquet hall in a RCR (Residential Conservation Revitalization) District for property located at 590 Royal Street, being Lots 53 & 54, Block 6, Langham Addition, Beaumont, Jefferson County, Texas, containing 0.316 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a banquet hall in an RCR (Residential Conservation Revitalization) District for property located at 590 Royal Street, subject to the following condition; ; and, • A revised site plan be submitted demonstrating required perimeter landscaping and parking that meets current regulations WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a banquet hall 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 banquet hall in an RCR (Residential Conservation Revitalization) District for property located at 590 Royal Street, being Lots 53 & 54, Block 6, Langham Addition, Beaumont, Jefferson County, Texas, containing 0.316 acres, more or less, as shown on Exhibit 'A" is hereby granted to Calvin Lovely, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following condition; • A revised site plan be submitted demonstrating required perimeter landscaping and parking that meets current regulations. 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 12th day of January, 2021. - Mayor Becky Ames - Z2020-154 2431-P : Request for a Specific Use Permit to allow a Banquet Hall in an RCR (Residential Conservation Revitalization) District. Applicant: Calvin Lovely Location: 590 Royal Street 0 100 200 1 1 1 1 Feet EXHIBIT "A" MINIONS NINE m m_ 2 W i� Wr tsi® �r EXISTING ONE STORY BUILDING CC & ASSOCIATES CALVIN LOVELY 792D pRAME STREET MUM= tpX s , o 3 January 12, 2021 Consider amending Section 20.03.003 of the Code of Ordinances that would change the speed limits on Major Drive (FM 364) BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: January 12, 2021 REQUESTED ACTION: Council consider amending Section 20.03.003 of the Code of Ordinances that would change the speed limits on Major Drive (FM 364). BACKGROUND The Texas Department of Transportation (TxDOT) performed a traffic survey on Major Drive (FM 364) from Tram Road to Folsom Road on July 29, 2020. The study indicated an excessive number of crashes compared to similar roadways in Texas. It is anticipated that lowering the speed limit will reduce the numberand severity of crashes. Administration and TxDOT propose the speed zone boundaries and speed limit for these sections of Major Drive (FM 364) be amended under the schedule Chapter 20 Section 20.03.003 to read as follows: Street Limits of Zone Direction of Travel Major (a) From the centerline of Tram Road to a North and Drive point 470 feet north of the centerline of. South (FM 3 64) Manion Drive. Speed In Miles Per Hour Max. Min. 50 (b) From a point 470 feet north of the North and 45 centerline of Manion Drive to a point South 74 feet south of the centerline of White Road. (c) From a point 74 feet south of the North and 35 centerline of White Road to a point 265 South feet north of the centerline of Brighton Street (d) From a point 265 feet north of the North and 45 centerline of Brighton Street to a point South 300 feet south of the centerline of Washington Boulevard. (e) From a point 300 feet south of the North and 55 centerline of Washington Boulevard to South a point 58 feet north of the centerline of IH-10 west entrance and exit ramps. (f) From a point 58 feet north of the North and 45 centerline of IH-10 west entrance and South exit ramps to the centerline of S.H. 124 (Fannett Road). FUNDING SOURCE Not Applicable. RECOMMENDATION Approval to amend Section 20.03.003 of the Code of Ordinances. (a) From the centerline of Tram Road to,a point 470 feet north of the centerline of Manion Drive. (b) From a point 470 feet north of the centerline of Manion Drive to a point 74 feet south of the centerline of White Road. (c) From a point 74 feet south of the centerline of White Road to a point 265 feet north of the centerline of Brighton Street. (a) From the centerline of Tram Road tQ a point 740 feet north of the centerline of Willis Lane. (b) From a point 740 feet north of the centerline of Willis Lane to the centerline of State Highway [105]. (c) From the.centerline of State Highway 105 to a point 225 feet north of the centerline of Folsom Drive. B.G.B.11-16-2020 (d) From a point 265 feet north of the centerline of Brighton Street to a point 300 feet south of the centerline of Washington Boulevard. (e) From a point 300 feet south of the centerline of Washington Boulevard to a point 58 feet north of the centerline of IH-10 west entrance and exit ramps. (f) From a point 58 feet north of the centerline of IH-10 west entrance and exit ramps to the centerline of S.H. 124 (Fannett Road). (d) From a point 225 feet north of the centerline of Folsom Drive to a point 158 feet south of the centerline of Dishman Road. (e) From a point 158 feet south of the centerline of Dishman Road to a point 470 feet north of the centerline of Manion Drive. (f) From a point 470 feet north of the centerline of Manion Drive to a point 74 feet south of the centerline of White Road. (g) From a point 74 feet south of the centerline of White Road to a point 265 feet north of the centerline of Brighton Street. (h) From a point 265 feet north of the centerline of Brighton Street to a point 300 feet south of the centerline of Washington Boulevard. (i) From apoint 300 feet south of the centerline of Washington Boulevard to a point 58 feet north of the centerline of IH-10 west entrance and exit ramps. (j) From a point 58 feet north of the centerline of IH-10 west entrance and exit ramps to the centerline of S.H. 124 (Fannett Road). Proposed Speed Limit Reduction on Major Drive (FM 364) From Tram Road to Folsom Drive EXHIBIT 1: Speed Zone Revisions D Sheet 1 of 2 Q Proposed Speed Limit Reduction on Major Drive (FM 364) From Tram Road to Folsom Drive EXHIBIT 1:'Speed Zone Revisions B.G.B.11-16-2020 Sheet 2 of 2 EXISTING 60 MPH PROPOSED 50 MPH Q_x z J I ts„c s.uu 07.734 0,039 , 01 01 ,mm TRdN R040 o o d � m :r4lT;, • LIMITS OC 20t2 [rldar Ln0[x ull[5. ull[, T[[,IOx rxt¢[ ut[L, o[u[otan , SPEED ZONE . - <D mu m MAP DRAWN - 08/4/2020 P.B. Proposed Speed Limit Reduction on Major Drive (FM 364) From Tram Road to Folsom Drive EXHIBIT 2: TxDOT Speed Zone Map Sheet 1 of 2 B.G.B 11-16.2020 EXISTING 55 MPH EXISTING 60 MPH EXISTING 50 MPH PROPOSED 50MPH PROPOSED 50MPH 0 � 1 Co ail 1 1 of 1 bill 0002.000 _ 5 5 aN 25 F a mN ' aF_ - o< a ss sae s aoeo saa 6128 s� 63.5 J R 2 6 tt b •ii _ j j 6 -< - � yyka z yy9�ii pjp y�y�ii � � 6 � � & � S 5 d I _ /WI OwnRtidTrw�vlih wao sTBOY' CITY O BEEB T JEFFERS COIBtTY F4 364 Proposed Speed Limit Reduction on Major Drive (FM 364) From Tram Road to Folsom Drive EXHIBIT 2: TOOT Speed Zone Map Sheet 2 of 2 B.G.B 11-16-2020 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 20, ARTICLE 20.03, SECTION 20.03.003 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS BY CHANGING AND AMENDING SPEED LIMITS AND SPEED ZONE BOUNDARIES TO THE SCHEDULE FOR MAJOR DRIVE (FM 364); DELETING CHAPTER 20, ARTICLE 20.03, SECTION 20.03.003(g), (h), (i), AND 0) OF THE SCHEDULE FOR MAJOR DRIVE (FM 364); PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 20, Article 20.03, Section 20.03.003 (a), (b), (c), (d), (e), and (f) of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended by changing and adding speed limits and speed zone boundaries to the Schedule Major Drive (FM 364) to read as follows: Street Limits of Zone Direction of Travel Major (a) From the centerline of Tram Road to a North and Drive point 470 feet north of thecenterline of South (FM 364) Manion Drive. Speed In Miles Per Hour Max. Min. 50 (b) From a point 470 feet north of the North and 45 centerline of Manion Drive to a point 74 South feet south of the centerline of White Road. (c) From a point 74 feet south of the North and 35 centerline of White Road to a point 265 South feet north of the centerline of Brighton Street (d) From a point 265 feet north of the North and 45 centerline of Brighton Street to a point South 300 feet south of the centerline of Washington Boulevard. (e) From a point 300 feet south of the North and 55 centerline of Washington Boulevard to South a point 58 feet north of the centerline of IH-10 west entrance and exit ramps. (f) From a point 58 feet north of the North and 45 centerline of IH-10 west entrance and South exit ramps to the centerline of S.H. 124 (Fannett Road). Section 2. That Chapter 20, Article 20.03, Section 20.03.003(g), (h), (i), and 0) of the Code of Ordinances of the City of Beaumont, be and the same is hereby deleted. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. 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 12th day of January, 2021. - Mayor Becky Ames - January 12, 2021 Consider an ordinance denying the change in rates requested in Entergy Texas, Inc.'s Statement of Intent filed with the City on December 14, 2020 BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: January 12, 2021 REQUESTED ACTION: Council consider an ordinance denying -the change in rates requested in Entergy Texas, Inc.'s Statement of Intent filed with the City on December 14, 2020. On December 9, 2020 Entergy Texas, Inc. filed an application with the Public Utility Commission of Texas requesting to. amend its Certificate of Convenience and Necessity (CCN) permitting it to deploy natural gas -fire distributed generation and Statement of Intent for approval of rates schedule utility owned distributed generation (UODG). The City of Beaumont received notice of this request on December 14, 2020. The application provides for ETI-to own and operate natural gas -fire distributed generation located on the premises of eligible commercial and industrial customers throughout the ETI service area. The total estimated annual non -fuel revenue requirement associated with the operation is approximately $16 million. Rate Schedule UODG is a voluntary rate schedule that will be charged only to the eligible commercial and industrial customers who elect to subscribe for backup electric service supplied by the distributed generation. Entergy Texas has requested action on this Statement of Intent so that if denied the matter can be joined with the proceeding before the Public Utility Commission of Texas. A denial of the request will allow the application to proceed before the Public Utility Commission of Texas for a full review. FUNDING SOURCE Reasonable expenses associated with rate cases are reimbursable by the company as proved for in the Public Utility Regulatory Act. RECOMMENDATION Approval of ordinance. ORDINANCE NO. AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, (OR "CITY") DECLINING TO APPROVE THE CHANGE IN RATES REQUESTED IN ENTERGY TEXAS, INC.'S ("ETI" OR "COMPANY") STATEMENT OF INTENT FILED WITH THE CITY ON DECEMBER 14, 2020, AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS CONSIDERED WAS OPEN TO THE PUBLIC AND IN ACCORDANCE WITH TEXAS LAW. WHEREAS, ETI notified the City of its intent to file a statement of intent to offer a new optional rate related to back-up electric service for commercial and industrial customers; and, WHEREAS, ETI filed with the City its Statement of Intent for Rate Schedule UODG ("Statement of Intent"); and, WHEREAS, the City has duly noticed its consideration of the Company's Statement of Intent and is acting within its authority under applicable law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City declines to approve any and all changes in rates requested by ETI and included in ETI's Statement of Intent for Rate Schedule UODG filed with the City on December 14, 2020 and that ETI's proposed new rate should not be made effective. 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 12th day of January, 2021. - Mayor Becky Ames - ATTEST: City Secretary