Loading...
HomeMy WebLinkAbout01/11/2022 PACKET BEAUMONT TEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY,JANUARY 11,2022 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Proclamations, Presentations and Recognitions * Public Comment: Persons may speak on the Consent Agenda and Items 1-8 * Consent Agenda CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the December 14, 2021 City Council Meeting Minutes B. Confirmation of board and commission member appointments Carlton Sharp would be appointed to the Civil Service Commission. The term would commence January 11, 2022 and expire January 10, 2025. (Kyle Hayes, City Manager) C. Approve the purchase of a forklift for use in the Water Utilities Department D. Authorize acceptance of maintenance, and final payment to King Solution Services, LLC, for the Amelia Cutoff Sewer Line Emergency Repair E. Authorize the City Manager to execute Change Order No. 2 to the contract with Brystar Contracting, Inc. for the Lift Station&WWTP Repair Tropical Storm Harvey WWTP Influent Lift Station(Rebid)Project F. Authorize the City Manager to accept maintenance and authorize final payment to Brystar Contracting, Inc. for the Lawson's Canal Reclamation Debris Hauling Phase II Project G. Authorize the City Manager to accept maintenance and authorize fmal payment to Brystar Contracting, Inc. for the South 23rd Street Roadway Rehabilitation Project H. Authorize the City Manager to accept maintenance and authorize fmal payment to Texas Drainage, Inc. for the Tyrrell Park Loop Drainage Project I. Authorize the City Manager to execute a ground lease agreement with Steven Cary for property located at the Beaumont Municipal Airport J. Authorize the execution of a Restrictive Covenant with the Texas Commission on Environmental Quality (TCEQ) and Enterprise Logistic Services, LLC K. Approve a resolution rejecting all bids received for the City Wide Manhole Repair Contract L. Approve a resolution rejecting all bids received for a tub grinder for use at the Landfill M. Approve a resolution rejecting all bids received for a six-month contract for paper products, trash liners, and miscellaneous janitorial supplies N. Approve an annual maintenance agreement with Environmental Systems Research Institute, Inc. of Redlands, CA O. Approve the purchase of network equipment from CDW-G of Vernon Hills, IL for use in multiple departments P. Authorize the City Manager to execute a ground lease agreement with A2B Hangar Services LLC for property located at the Beaumont Municipal Airport DISCUSSION ITEM * Receive and discuss proposals related to a national search for the position of City Manager Baker Tilly US, LLP SGR(Strategic Government Resources) REGULAR AGENDA 1. Consider an ordinance authorizing the issuance of City of Beaumont, Texas, Waterworks and Sewer System Refunding Bonds, Taxable Series 2022 and authorizing the Mayor or City Manager and Chief Financial Officer to approve the amounts, interest rates,prices, and terms thereof for the series and to execute all documents related to the sale of the Bonds 2. Consider approving a contract with Vortex Companies for the repair of the 72" Threadneedle Outfall storm line that goes through the ExxonMobil Refinery 3. Consider authorizing the City Manager to execute an Interlocal Agreement with Jefferson County for the proposed Roadway and Drainage Rehabilitation of Spindletop Avenue 4. Consider approving a contract with Marsh Waterproofing Inc. of Vidor for roof repairs at the Texas Energy Museum Building 5. Consider authorizing acceptance of maintenance, and final payment to King Solution Services, LLC, for the Florida Avenue Sewer Line Emergency Repair 6. Consider authorizing the purchase of an enclosure and base skid for the replacement generator at the Loeb water well site 7. Consider approving the purchase of a full motion flight simulator for use in pilot training at the Beaumont Municipal Airport 8. Consider an appeal from the Historic Landmark Commission of a denied Certificate of Appropriateness to construct a fence at 794 3rd Street COMMENTS * Public Comment(Persons are limited to 3 minutes) * Councilmembers/City Manager/City Attorney comment on various matters EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of The Park on Thomas Road Claim of Luke and Ashley Montalbano Claim of the Estate of Carter Reece Osborn, Taylor Osborn, children of Taylor Osborn 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. A BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: January 11, 2022 REQUESTED ACTION: Council consider approval of the December 14, 2021 City Council Meeting Minutes. BEAUMONT TEXAS MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert"A.J."Turner Jr.,At-Large ROBIN MOUTON, MAYOR Randy Feldschau,At-Large Taylor Neild,Ward I CITY COUNCIL MEETING Michael Getz,Ward II Audwin Samuel, Mayor Pro Tem December 14, 2021 Chris Durio,Ward IV Tyrone Cooper, City Attorney Kyle Hayes, City Manager Tina Broussard, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on December 14, 2021, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING • Invocation Pledge of Allegiance Roll Call * Proclamations, Presentation and Recognition * Public Comment: Persons may speak on the Consent Agenda and Agenda items 1-6 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Carlton Sharp with Faith Christian Center Church gave the invocation. Mayor Mouton led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Mouton, Mayor Pro Tern Samuel, Councilmembers Durio, Getz, Turner, Feldschau and Neild. Also, present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions None Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-6 Aexis Miller 2328 Poplar St. Beaumont TX Spoke regarding the discussion item for a proposal from Bird Scooters to operate scooters • within the city Ava Graves 1090 Roberts Ave. Beaumont TX Spoke regarding Item 6 on the agenda; to consider a resolution appointing Sharae Reed to the position of City Attorney effective January 10, 2022 Minutes—December 14,2021 Zulema Escobedo 3308 Medical Triangle Blvd. Port Arthur TX Spoke regarding the discussion item to discuss various events held in the City of Beaumont and the possibility of adding new events, asked that the city consider adding Cinco De Mayo as a city event Mindy Escobedo 3853 Phelan Blvd. Beaumont TX Spoke regarding the discussion item to discuss various events held in the City of Beaumont and the possibility of adding new events, asked that the city consider adding Cinco De Mayo as a city event Christopher Jones 1045 Doucette Ave. Beaumont TX Spoke regarding items 3 and 4 on the agenda; 3) Consider authorizing the City Manager to award a contract to Pro-Pipe, Inc., of Irvine, CA to clean, televise, and evaluate the City's sewer collection system to identify cost effective methods to rehabilitate defective manholes and mainlines; 4) Consider a resolution to reallocate funds from the Sewer Line Repair Program to the Salvation Army Homeless Shelter Rehabilitation project within the 2019 CDBG Program Year Budget CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non-controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the December 7, 2021, City Council Meeting Minutes ' B. Confirmation of board and commission member appointments — Resolution 21-326 Jon Reaud would be appointed as Chairman to the Police Department Community Advisory Committee. The term would commence December 14, 2021 and expire December 13, 2022. (Mayor Robin Mouton) M.S. Shawn Javed would be appointed as Vice Chairman to the Police Department Community Advisory Committee. The term would commence December 14, 2021 and expire December 13, 2022. (Mayor Robin Mouton) Latoya Young would be appointed to the Parks and Recreation Advisory Board. The term would commence December 14, 2021 and expire September 30, 2023. (Mayor Pro Tern Audwin Samuel) Catherine Campbell would be appointed as a Liaison to the Library Commission. The term would commence December 14, 2021 and expire September 30, 2023. (Councilmember Albert "A.J." Turner) Dora Nisby would be appointed as Chairman to the Community Development Advisory Committee. The term would commence December 14, 2021 and expire December 13, 2022. (Mayor Robin Mouton) Minutes—December 14,2021 Pat Anderson would be appointed as Vice Chairman to the Community Development Advisory Committee. The term would commence December 14, 2021 and expire December 13, 2022. (Mayor Robin Mouton) C: Authorize the City Manager to execute an annual agreement with Capital Edge Advocacy, Inc. to provide services as the City of Beaumont's Washington Assistant - Resolution 21- 327 D. Approve a proposal submitted by Associated Mechanical Services, Inc. to replace the air- cooled chiller unit at the Tyrrell Historical Library located at 695 Pearl Street-Resolution 21- 328 E. Authorize the City Manager to execute Change Order No. 6, accept maintenance, and authorize final payment to Shaver Construction &Contracting Services, LLC d/b/a Silverback Services - Resolution 21-329 F. Approve the purchase of hardware and services for closed captioning of City Council meetings from Swagit Productions, LLC of Dallas - Resolution 21-330 G. Approve contracts to provide lubricants for use in City vehicles and equipment-Resolution 21-331 H. Authorize the City Manager to execute Change Order No. 8 to the contract with McInnis Construction Inc. for the Tyrrell Park Visitor Center parking lot improvements - Resolution 21-332 I. Authorize the settlement of the claim of Charlotte Levine - Resolution 21-333 J. Authorize the settlement of the claim of Jessica Watts - Resolution 21-334 Councilmember Neild moved to approve the Consent Agenda. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED AGENDA 1. Consider amending Resolution No. 21-110 for the purchase of eight paratransit buses. On April 27, 2021, Council approved Resolution No. 21-110 authorizing the purchase of eight CNG fueled paratransit buses, from Creative Bus Sales from Irving, for use by Beaumont Municipal Transit. Total purchase was to be $948,248.00, with an estimated six months for delivery. Due to manufacturer delays, it is unlikely the city will receive these until possibly 2023. The current fleet of paratransit buses are in extremely poor shape and are in need of replacement. Minutes—December 14,2021 The same manufacturer has a current option for 8 gasoline fueled buses at$108,380.00 per bus, for a total cost of$867,040.00. This will be a$81,208.00 total savings for the purchase. Estimated time for delivery on these would be 90 days from the receipt of purchase order. This purchase will be made utilizing the Texas Smart Buy purchasing contract. Texas Smart . Buy is a state cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. Texas Smart Buy complies with FTA Procurement statues. Staff requests approval to proceed with the change. Funds will come from the Department of Transportation/Federal Transportation Administration Grant ($818,269.00) and Municipal Transit Fund- Matching funds ($48,771.00) Approval of the resolution. Mayor Pro Tern Samuel moved to ADOPT A RESOLUTION AMENDING RESOLUTION 21-110 TO ALLOW FOR THE CANCELLATION OF THE PURCHASE OF EIGHT(8)CNG FUELED PARATRANSIT BUSES FOR USE BY BEAUMONT MUNICIPAL TRANSIT FROM CREATIVE BUS SALES,OF IRVING,TEXAS,IN THE AMOUNT OF$946,248.00 THROUGH THE TEXAS SMART BUY COOPERATIVE PURCHASING PROGRAM AND TO ALLOW THE PURCHASE OF EIGHT(8)GASOLINE FUELED BUSES AT A COST OF$108,380.00 PER BUS, FOR A TOTAL COST OF $687,040.00, THROUGH THE TEXAS SMART BUY COOPERATIVE PURCHASING PROGRAM. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-110-A 2. Consider authorizing the City Manager to enter into a contract with Legacy Community Development Corporation for HOME Investments Partnerships funds from the Department of Housing and Urban Development. The City of Beaumont receives an annual allocation of HOME Investments Partnerships funds from the U.S. Department of Housing and Urban Development (HUD). Federal regulations require that a minimum of fifteen percent (15%) of the City's total HOME fund allocation be contracted to Community Housing Development Organizations (CHDO's) for eligible CHDO activities. Legacy Community Development Corporation (Legacy CDC), a certified CHDO, is seeking to stabilize neighborhoods by providing homeownership opportunities for low to moderate income families. Legacy proposes to utilize $360,282 (Entitlement funds) and $77,203 (CHDO Reserve funds)for acquisition, rehabilitation and resale of three homes to be sold to eligible low to moderate income families. In addition, Legacy is requesting $25,734 for operating funds. The funds will be used to cover the salaries for administrative staff. Any Minutes—December 14,2021 and all income received by Legacy for any properties must be used toward furthering the organization's affordable housing activities. Housing Division staff will be responsible for monitoring Legacy for HOME Program compliance. Funds will come from the 2021 HOME Program. Approval of resolution. Mayor Pro Tern Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH LEGACY COMMUNITY DEVELOPMENT CORPORATION (LEGACY CDC) IN THE AMOUNTS OF $360,282.00 (ENTITLEMENT FUNDS) AND $77,203.00(CHDO RESERVE FUNDS)FOR THE ACQUISITION,REHABILITATION AND RESALE OF THREE (3) HOMES TO BE SOLD TO ELIGIBLE LOW-TO-MODERATE INCOME FAMILIES AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH LEGACY CDC IN THE AMOUNT OF $25,734.00 FOR RELATED OPERATING EXPENSES, WITH CONTRACTS TO BE FUNDED FROM THE 2021 HOME PROGRAM. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-335 3. Consider authorizing the City Manager to award a contract to Pro-Pipe, Inc., of Irvine, CA to clean, televise, and evaluate the City's sewer collection system to identify cost effective methods to rehabilitate defective manholes and mainlines. The Sewer Evaluation Work Order Contract — Phase IV (REBID) will be used to clean, televise, and evaluate the City's sewer collection system to identify cost effective methods to rehabilitate defective manholes and mainlines. On December 2, 2021, one (1) bid was received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate for the contract is$400,000.00. The bid total is indicated in the table below: Contractor Location Total Bid Amount Pro-Pipe, Inc. Irvine, CA $370,000.00 Based on a review of the bid and required documents received, the Water Utilities staff recommends awarding the project to Pro-Pipe, Inc., in the amount of$370,000.00. A total of 365 calendar days are allocated for completion of the project. Funds will come from the Capital Program — Sewer Main Rehabilitation. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO PRO-PIPE, INC.,OF IRVINE,CALIFORNIA,IN THE AMOUNT • Minutes—December 14,2021 OF$370,000.00,FOR THE SEWER EVALUATION WORK ORDER CONTRACT-PHASE IV(REBID)PROJECT AND THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH PRO-PIPE, INC., OF IRVINE, CALIFORNIA. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-336 4. Consider a resolution to reallocate funds from the Sewer Line Repair Program to the Salvation Army Homeless Shelter Rehabilitation project within the 2019 CDBG Program Year Budget. City Council allocated $200,000 in the 2019 Community Development Block Grant(CDBG) budget for the rehabilitation of Salvation Army shelter housing at 1078 McFaddin. Due to the significant increase in construction costs, additional funds are needed to complete the project. The Administration is proposing to reallocate$100,000 from the Sewer Line Repair Program in the 2019 budget to complete the shelter project. Should eligible applicants for the Sewer Line Program-come forward, funds would be available in the 2020 CDBG budget. Funds will come from the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant and HOME Investment Partnership Grant funds. Approve the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT $100,000.00 IS HEREBY REALLOCATED FROM THE SEWER LINE REPAIR PROGRAM TO THE SALVATON ARMY HOMELESS SHELTER REHABILITATION PROJECT WITHIN THE 2019 CDBG PROGRAM YEAR BUDGET. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-337 5. Consider approving an amendment to the Industrial District Agreement with Coastal Caverns, I, LP. By Resolution No. 16-025 and on February 2, 2016, City Council approved an IDA with Costal Caverns, I, LP. By Resolution No. 17-159 and on August 1, 2017, City Council approved an amendment to an IDA with Coastal Caverns, I, LP for an expansion abatement agreement. Since that time, Coastal Caverns has requested an additional abatement for a potential expansion of the original abatement project known as Project Branch. The expansion of the project is estimated to bring another $106 million value for a total Minutes—December 14,2021 investment value up to $365 million. Phases I-II as previously approved by Council stated the following: Project Branch would include the addition of one or more caverns to store various fuels and products. It is estimated that this project will create 20-23 new full-time jobs. All new construction and equipment related to this project would receive an initial 4-year tax abatement at 100%for the first two years and 75%for the next two years. If it is verified that the project investment is over$150 million, then another 3-year abatement at 50%would be provided. In exchange for the tax abatements, the city will continue to bill the company for the existing facilities based on its value and receive such payment, but it would be agreed that the payment would be no less than $165,000 per year. Phases III-V as proposed would be as follows: All new construction and equipment related to this project will receive tax abatement in accordance with the attached table. Phase III construction should begin by December 31, 2024, or this abatement will be void. Phase IV construction should begin by December 31, 2025, or this abatement will be void as to Phase IV and Phase V. Phase V construction should begin by December 31, 2027, or this abatement will be void for Phase VA. A copy of the proposed IDA as amended. Revenue is accounted for in the General Fund. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN AMENDMENT TO THE INDUSTRIAL DISTRICT AGREEMENT (IDA)WITH COASTAL CAVERNS, I.L.P. Councilmember Neild seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-338 DISCUSSION ITEMS Review and discuss a proposal from Bird Scooters to operate within the city Mike Butler with Bird Scooters reviewed and discussed a proposal from Bird Scooters to operate within the City of Beaumont. Mr. Butler discussed why Bird Scooters is choosing to expand and that is to make cities more livable by reducing car usage, traffic, and carbon emissions. Bird Scooter is excited to be in a position where they can meet their company's mission and bring improbability to as many cities in the country as possible. Mr. Butler discussed what the cost would be to the city, he stated that Bird can launch and operate at no cost to the city. Each city that launches Bird will have a dedicated account manager who will be the cities main point of contact. The account manager will work with the city throughout the pre-launch and launch process to ensure a successful scooter program. The age limit is 18+ years old, the cost to rent a Bird scooter will cost the rider a$1.00 to unlock the scooter plus Minutes—December 14,2021 a per minute fee. Billing will be done through a Bird app with a credit or debit card. ' Bird also has discounted pricing programs available for frontline workers, active duty, and retired military personnel, low-income, veterans, senior citizens and non-profit groups. Bird scooters have a speed of up to 15mph, which aligns with the speed of a casual biker, Bird has the ability to create slow speed zones as well. There was discussion regarding: • Underage riding • Riding the scooters on the sidewalks • Safety • Where will the Birds be able to operate? • Where will the Birds need to be parked? • How Bird manages "clutter" or vehicles being left everywhere • How many scooters will Bird be operating in the city? • How does Bird source their local fleet managers? • Where are the Birds washed, charged, repaired, and stored? * Review and discuss possible improvements at various city parks (Requested by Councilmembers Turner and Getz) Councilmember Turner spoke regarding the discussion during the vision workshop, he stated that in the workshop parks were identified, he thought it would be a good idea to discuss possibilities of what could be implemented at some of the parks and see if there are any ideas from the Council as well as the amount of money that would be budgeted in the Capital Program for the future. Councilmember Getz expressed concern that the Parks and Recreation Advisory Board members weren't invited to the meeting and thinks they should be a part of the worksession discussion, he's not opposed to Council discussing this item but would like for this worksession to be put back on the agenda in the near future and have the advisory board members present. Commented on the need for a dog park at Rogers Park and would like to see the dog park be a reality and how would it be paid for. Councilmember Turner suggested that each Councilmember look at what they would like in the parks identified in their Wards, a certain amount of money could be allocated to each park identified and inserted in the 2021-2023 Capital Program for the next fiscal year. It was also suggested to have the Parks and Recreation Advisory Board tour all parks and identify the needs and wants and maybe have a set number of at least ten (10) parks and then identify the dollar amount that would be needed to improve each of the ten (10) parks. Review and discuss various events held in the City of Beaumont and the possibility of adding new events (Requested by Councilmembers Turner and Getz) Councilmember Turner asked that Emily Wheeler, Events Facility Director come forward and discuss the events that she's responsible for. Ms. Wheeler stated that the Events Facility oversees about 58 events that are city sponsored, some are events that they come up with throughout the year, the main ones that are in the Events Facility budget are events such as Mardi Gras, Fourth of July, Christmas Tree Lighting, Ocktoberfest and the Jazz and Blues Fest just to name a few. Ms. Wheeler also commented on the number of events that the city is doing that aren't City events. Councilmember Getz stated that there was a list being circulated regarding added Minutes—December 14,2021 events which citizens would like to see added such as Cinco De Mayo and a Cajun Fest, he also asked what department would those type of events be placed under? Ms. Wheeler stated that the events that would be added would be assigned to a department by the City Manager. There was discussion as to why Juneteenth is under Parks and Recreation versus Events Facility as Oktoberfest and other main events fall under Events Facility. Several Councilmembers would like to see Juneteenth moved under.Events Facility, there was a consensus that Juneteenth would be placed under Events Facility rather than Parks and Recreation. Review and discuss the city redistricting process and census information (Requested by Councilmembers Getz and Neild) Councilmember Getz stated that he's requesting a status report as to where the city is with redistricting and whether the city has received the census tract information for the various precincts. Councilmember Getz also stated that the County is finalizing some lines at the County level and believes that the city should have received the census information at this time. Chris Boones, Community Development Director stated that the census has released the redistricting data which includes the block and census track level. Councilmember Getz asked the question as to what the next step would be, would it be to hire a firm to start the process of redistricting. Tyrone Cooper, City Attorney stated that would be a Council decision, what has occurred in the past is that the city has hired a consultant who then hires a demographer, several maps will be prepared, and the Council will ultimately decide on one. Mr. Cooper suggested that the Council repeat the process and hire an outside consultant to handle the process as opposed to being done inhouse, Mr. Cooper also stated that Bojorquez Law Firm that handled the process back in. 2010 has reached out to him to handle the redistricting process once again. COMMENTS Public Comment (Persons are limited to 3 minutes) Landry Rountree 1565 S. Major Dr. Beaumont TX Made comments about an attorney that he knows, commented on the holiday season, wished everyone a Merry Christmas and a Happy New Year, wished Tyrone Cooper, City Attorney a happy retirement and that he appreciates his service, also stated that he and his wife will be celebrating their 37th wedding anniversary on Saturday, December 18, 2021 Albert Eby 550 Milam Beaumont TX Stated that he's the General Manager of Beaumont Transit, made comments about some of the initiatives that are happening with Beaumont Transit, thanked Council for approving the new buses that the city will be getting, hopefully the new buses will be in service in the Spring of 2022, commented on the collective bargaining agreement with Amalgamated Transit Union Local 1031, stated that there's a very generous offer on the table at this time, made additional comments regarding the transit service Christopher Jones 1045 Doucette Ave. Beaumont TX Minutes—December 14,2021 Thanked Mayor, Council and staff for the clarification for the funding regarding items 3 and 4 on the agenda, especially pertaining to CDBG funds,thanked Councilmembers Getz, Turner and Neild for the discussion items on various city parks, stated that the play area in the Charlton Pollard park is a hazard, the playground equipment has been in that park since around 2003, asked that the equipment be replaced, congratulated Sharae Reed on being appointed to City Attorney, congratulated Tyrone Cooper, City Attorney on his retirement and thanked him for his service to the City Tone Ligon 4240 Inez Beaumont TX Presented Council with cookies and wanted to let them know how grateful she is to be appointed to two committees, asked that everyone have a happy holiday season, asked that everyone keep the citizens that have been affected by the hurricane in their prayers Nicholas Hunter 9155 Mapes St. Beaumont TX Thanked City Manager, Kyle Hayes and City Attorney, Tyrone Cooper for their service to the city, congratulated Sharae Reed on being appointed City Attorney, spoke on behalf of the citizens that live in the Amelia neighborhood, stated that the railroad needs to mow their property, it's overgrown and looks horrible, asked that the city enforce this with the railroad, also stated that 87% of the citizens want a dog park at Pearlstein Park and 27% wants a half- court basketball goal, thanked Council for all that they do Taylor Osbourn 2419 South St. Beaumont TX Spoke on behalf of her youngest child Carter Reece Osbourn, who was killed on May 8, 2021, in Tyrrell Park, stated that the three minutes that she's been given to speak will never be enough to address all of the concerns that she has with that day and what could have been done differently, however, as adults we should hold ourselves to a higher standard when it comes to ensuring our children can live in a world where they are not only safe but welcome to enjoy their life, especially in a park in the grass the day before Mother's Day, the same park that once had a sign at the entrance banning all ATV's, however, someone was instructed to remove that sign, not only did they remove that sign but replaced it with a sign that was discontinued over four years ago, Kaboom, the owners of that sign doesn't endorse Tyrrell Park and their signage will not prevent someone from bringing an AN into the park, stated she would love to know who removed the sign and who instructed the city worker to remove it and why replace it with an outdated sign, there was police presence at the park before their arrival and supposedly saw the AN yet didn't enforce the city ordinance that's in place, each person that was in possession of an AN in the park should have been fined, why weren't they, stated that she won't stop fighting for her son and other children, as well as the children that reside in this city, Ms. Osbourn provided the city a petition banning AN's in public as well as other improvements that need to be made to increase the safety of all children, they are our future and it's up to everyone to ensure their safety Lance Gans 1107 McFaddin St. Beaumont TX Stated that he's speaking regarding an issue that he's spoke to Council about previously, he has a no trespassing warrant against him, he's been trying to speak with Mr. Eby who's the General Manager of Beaumont Transit but hasn't been able to, stated that he has recently gotten a job and he really needs to ride the bus to get to and from work, he's apologized for what has been done in the past, thanked everyone that has tried to help him and he Minutes—December 14,2021 appreciates it, asked Mr. Eby if he would give him a chance, he just wants to start riding the bus again David Pete 6355 Chinn Ln. Beaumont TX Commented on the Juneteenth event as well as other events within the City, stated that he did a request regarding the budget from Oktoberfest, the response that he received from the City stated they spent$25,000.00 on Oktoberfest, stated that this is an insult to every citizen within this city, stated that his concern regarding Juneteenth is that there isn't a budget for it, asked how much does the city needs to spend for Oktoberfest which is just a beer fest, Juneteenth doesn't even have a budget, this is an event that has history and Oktoberfest doesn't have history Charles Paul 5615 Phelps Rd. Beaumont TX Stated that he was glad to be in attendance to witness city government at work, he was invited by Councilmember Durio on behalf of the Parks and Recreation Advisory Board that a member of, stated that what he heard Councilmember Turner state regarding the parks is that if there was a certain amount of money set aside for each park with an amount of $100,000.00 for each park, stated that it's his understanding that Councilmember Turner was using the $100,000.00 as an estimated amount, each park will probably cost less than the amount given, it's just a starting point, asked that each Councilmember have an open ear to what he's saying and not to shut him down, stated that he thinks Juneteenth should be under the Events Facility Department and that this city needs to be united, it's always been them against us, Juneteenth and Cinco De Mayo are national events, asked that the Council build up the city, televise all the events on'our major channels, stated to Councilmember Turner that he likes what he had to say Councilmembers/City Manager/City Attorney comment on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER DURIO- THANKED MR. CHARLES PAUL FOR HIS COMMENTS, HE APPOINTED HIM TO THE PARKS AND RECREATION ADVISORY BOARD, MR. PAUL IS HIS. NEIGHBOR AND A RETIRED FIREFIGHTER AS WELL AS A GOOD FRIEND,ALSO STATED THAT HE'S HEARD TWO CITIZENS ON TONIGHT THAT REFERRED TO THEMSELVES AS A LOWLY CITIZEN, WANTED TO LET THEM KNOW THAT THERE'S NO SUCH THING AS A LOWLY CITIZEN, THE COUNCIL IS THERE FOR THE CITIZENS AND THEY ARE ALL IN IT TOGETHER, STATED THAT EACH CITIZEN IS VERY IMPORTANT,WISHED EVERYONE A MERRY CHRISTMAS AND A HAPPY NEW YEAR COUNCILMEMBER GETZ- ASKED THE PUBLIC WORKS DIRECTOR,BART BARTKOWIAK IF THERE WAS A REPORT ABOUT AN OBNOXIOUS SMELL THAT MAY HAVE EMANATED FROM THE INCIDENT THAT OCCURRED IN NEDERLAND, THANKED THE CITIZENS THAT SERVE ON THE PARKS AND RECREATION ADVISORY BOARD FOR ATTENDING THE MEETING, APPRECIATES ALL OF THEM FOR BEING IN Minutes—December 14,2021 ATTENDANCE, CONGRATULATED HIS WIFE ALLISON GETZ ON BEING PRESIDENT ELECT FOR SOME OTHER PLACE COUNCILMEMBER TURNER- ASKED FOR AN EMAIL UPDATE ON WHAT'S GOING ON WITH THE AMELIA NEIGHBORHOOD EMERGENCY REPAIRS THAT ARE BEING DONE, STATED THAT THINGS THAT HE ASK ABOUT OR SUGGESTIONS THAT HE MAKES ARE BECAUSE CITIZENS ARE COMING TO HIM AND ASKING HIM AND HE PRESENTS THEM TO THE CITY MANAGER AND COUNCIL, IF CITIZENS ASK HIM TO BRING SOMETHING TO COUNCIL OR ASK HIM TO GET SOMETHING DONE THEN THAT'S WHAT HE'S GOING TO DO AND HE WILL CONTINUE TO DO SO, IT'S ALRIGHT TO DO THINGS OUTSIDE OF WHAT'S NORMALLY DONE, STATED THAT HE'S THANKFUL TO THE CITIZENS THAT PUT HIM IN HIS SEAT AND HE'S SIMPLY DOING HIS JOB, THANKED EVERYONE FOR ATTENDING THE MEETING COUNCILMEMBER FELDSCHAU - THANKED TONE LIGON FOR THE COOKIES AND HER KIND AND GRACIOUS WORDS MAYOR PRO TEM SAMUEL- NONE COUNCILMEMBER NEILD- ASKED THAT THE CITY MANAGER RESPOND TO THE COMMENTS THAT WERE MADE BY DAVID PETE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE MAYOR MOUTON - GAVE HEARTFELT PRAYERS FOR THE CITIZENS THAT LIVE IN MAYFIELD, KENTUCKY, REGARDING THE DEVASTATION THAT THEY ARE EXPERIENCING, THANKED TONE LIGON FOR THE WONDERFUL COOKIES, COMMENTED ON WHETHER COUNCIL WILL HAVE A MEETING IN THE COMING WEEKS, ASKED THAT CITIZENS PLEASE CHECK THE WEBSITE TO SEE WHEN THE NEXT MEETING WILL TAKE PLACE, WISHED EVERYONE A HAPPY HOLIDAY SEASON Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments. EXECUTIVE SESSION — Recessed at 5:20 p.m. * Consider matters to deliberate the employment, evaluation, duties of a public officer or employee in accordance with Section 551.074 of the Government Code to wit: specifically; Sharae Reed, First Assistant City Attorney * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Minutes—December 14,2021 Claim of ExxonMobil Corporation - Storm Sewer Claim of Luke and Ashley Montalbano Council reconvened at 6:11 p.m. 6. Consider a resolution appointing Sharae Reed to the position of City Attorney effective January 10, 2022. Article XII, Section 1, of the City Charter defines the requirements of the City Council regarding the appointment of the City Attorney and spells out the duties of the position. Ms. Reed is currently the First Assistant City Attorney and has worked in the City Attorney's office since January 10, 2011. Funds are available in the General Fund to pay the salary and benefits for this position. Approval of Resolution. Councilmember Turner moved to APPROVE A RESOLUTION THAT THE APPOINTMENT OF SHARAE REED AS CITY ATTORNEY FOR THE CITY OF BEAUMONT BE AND THE SAME IS HEREBY APPROVED AND HER SALARY IS ESTABLISHED AT$14,583.34 PER MONTH,WITH A CAR ALLOWANCE OF$300.00 PER MONTH,AN ADMINISTRATIVE ALLOWANCE OF$100.00 PER MONTH AND AN ANNUAL CONTRIBUTION OF $19,500.00 TO THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION DEFERRED COMPENSATION PROGRAM TOGETHER WITH ALL OTHER BENEFITS, TERMS AND CONDITIONS OF CIVILIAN EMPLOYMENT AS ESTABLISHED BY POLICY AND BUDGET OF THE CITY OF BEAUMONT. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON,MAYOR PRO TEM SAMUEL,COUNCILMEMBERS DURIO,GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 21-339 With there being no further business, Council adjourned at 6:13 p.m. Robin Mouton, Mayor Tina Broussard, City Clerk Minutes—December 14,2021 B January 11,2022 Confirmation of board and commission member appointments RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointment be made: Appointment Commission Beginning of Expiration of Term Term Carlton Sharp Civil Service 01/11/2022 01/10/2024 Commission 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 11th day of January, 2022. - Mayor Robin Mouton - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: January 11, 2022 REQUESTED ACTION: Council consider a resolution approving the purchase of a forklift for use in the Water Utilities Department. BACKGROUND One Skytrak 12K Telehandler forklift will be purchased from Equipment Depot of Beaumont in the amount of$162,525.00. This will replace Unit 4418, a 2017 Combilift C10000XL forklift, which no longer meets the Department's needs and will be traded in for a credit of$27,000.00. Final purchase price will be $135,525.00. Pricing was obtained through Sourcewell, a cooperative purchasing association providing cities and political subdivisions with the means to purchase specialized equipment at volume pricing. Sourcewell complies with State of Texas' procurement statutes. Manufacturer's warranty is twelve (12) months. Quote is attached. FUNDING SOURCE Water Fund. RECOMMENDATION Approval of the resolution. �x The picture cant be displayed. MATERIAL HANDLING\\AERIALS\\SPECIALTY EQUIPMENT\\PARTS\\SERVICE\\RENTALS Date: 2021-12-10 Territory Manager: Kacy Kovac Quotation Number: 66881-REV3 Phone Number: (409)454-8894 Email Address: Kacy.kovac@eqdepot.com To: City Of Beaumont Ship to: City Of Beaumont P 0 Box 3827 Water Distribution 1350 Langham Road Beaumont,TX 77704-3827 Beaumont,TX 77704 Attention: Jeff Harville Manufacturer Model Product Description Quantity List/Sell Price Net Amount JLG/Skytrak 12054 12K Telehandler 1 $135,525.00 $135,525.00 Total Quoted Price $135,525.00 Including Trade-in: Thank you for the opportunity to serve your company.Attached is the proposal based upon a Tuesday,March 30,2021 application survey with Dwayne Trahan.Please contact me with any questions or comments regarding this proposal. One(1)Brand New 2022 Skytrak Model 12054,12,000 lb.Base Capacity,53'-2"Lift Height,Rough-Terrain Telehandler including: so. goo- ,_ 4 e -------_,„.,1 ,i ' 14.---.' 4 ' ,44' -_ -..± -- � :. ..p 4 " / ti + is Y':�:a-, 1 rj i21.. :_ . T .: • a i aSKYTRAKd t ' - / , AffiNaja , 111 Equipment Depot,Ltd. 395 North 10th Street,Beaumont, TX 77702 ❑x The picture cant be displayed. MATERIAL HANDLING\\AERIALS\\SPECIALTY EQUIPMENT II PARTS\\SERVICE\\RENTALS Date: 2021-12-10 Territory Manager: Kacy Kovac Quotation Number: 66881-REV3 Phone Number: (409)454-8894 Email Address: Kacy.kovac@egdepot.com Standard Equipment 4-Wheel Drive Plus or Minus 10-Degrees Frame Leveling Three Steering Modes 4-Speed Modulated PowerShiftTransmission Planetary Front and Rear Axles with Hydraulically Actuated Wet Disc Brakes Steering Wheel Mounted Houm Backup Alarm Mechanical Coupler Stabil-Trak Stability System Adjustable Suspension Seat Airintake Heater and Engine Block Heater Auxiliary Hydraulics operate Hydraulic Fork Positioner Single Joystick Proportional Controls Carriage Tilt on Joystick Integrated Tow Hitch Integrated Arm Rest Telematics-Ready Harness Boom-Mounted Lifting Lug Chassis Fully Enclosed Cab Engine 74 HP Cummins Diesel -Ter 4f (DEF-Free) ROPS ROPS/FOPS Canopy Carriage 72" Wide Forks Pallet Forks - 60" x 4" x 2" (Set of two) Tires 17.5 x 25 Foam Filled Rough Terrain Warning Light Rotating Beacon — Included with Light Group Paint Orange/Silver Work Lights High Output LED Warranty' JLG "1, 2, & 5" Warranty Other Skytrak Equipment Included in Delivered Price: Foam-Filled Tires Fully Enclosed Cab with Air-Conditioning/Heater-Defroster/Wipers 72" Wide Shaft Mount Carriage with Hydraulic Fork Positioning 60" Long x 5" Wide x 2" Thick Fully Tapered and Polished Shaft Mount Forks LED Work Light Group \Price: (F.O.B. Delivered) plus applicable tax...$ 162,525.00 Delivery: August 2022 (Poduction levels subject to change) Equipment Depot,Ltd. 395 North 101 Street,Beaumont, TX 77702 x0 The picture cant be displayed. MATERIAL HANDLING\\AERIALS\\SPECIALTY EQUIPMENT\\PARTS\\SERVICE\\RENTALS Date: 2021-12-10 Territory Manager: Kacy Kovac Quotation Number: 66881-REV3 Phone Number. (409)454-8894 Email Address: Kacy.kovac@eqdepot.com Trade-In Value: (Deduct from the above Delivered Price) 2017 Combilift Model C10000XL-35000 including Extension Carriage deduct...<$27,000.00> Please note above pricing subject to price level increase PLEASE NOTE: Equipment Depot is a Sourcewell Member # 091520-MCF providing for cooperative purchasing advantages for School Districts, City, State and Municipal Government Equipment Depot,Ltd. 395 North 10th Street,Beaumont,TX 77702 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of one (1) Skytrak 12K Telehandler forklift for use by the Water Utilities Department from Equipment Depot, of Beaumont, Texas, in the amount of $162,525.00 through the Sourcewell Cooperative Purchasing Program, with a vendor credit in the amount of $27,000.00 making the total purchase price $135,525.00. 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 11th day of January, 2022. - Mayor Robin Mouton - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: January 11, 2022 REQUESTED ACTION: Council consider a resolution authorizing acceptance of maintenance, and final payment to King Solution Services, LLC, for the Amelia Cutoff Sewer Line Emergency Repair. BACKGROUND On November 2, 2021, by Resolution No. 21-294, City Council awarded a contract to King Solution Services, LLC, of Houston, for the Amelia Cutoff Sewer Line Emergency Repair in the amount of$125,000.00. The project has been inspected by the Water Utilities Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of maintenance, and final payment in the amount of$125,000.00 is recommended. FUNDING SOURCE American Rescue Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 21-294 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, equipment, and supplies for the Amelia Cutoff Sewer Line Emergency Repair Project; and, WHEREAS, King Solution Services, LLC, of Houston, Texas, submitted a bid in the amount of$125,000.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by King Solution Services, LLC, of Houston, Texas, is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to King Solution Services, LLC, of Houston, Texas, in the amount of $125,000.00, for the Amelia Cutoff Sewer Line Emergency Repair Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with King Solution Services, LLC, of Houston, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of November, 2021. - Mayor Robin Mouton - • graigagokkitt fac-n•.. .'' % ' :AIIPIL (E, -,,,.,,,, :;..f... . Tp, Ilk sin • •• . c .SI LUTJQNS ," � King Solution Services, LLC Date:December 8,2o21 Invoice#:45154 Customer:COY of Beaumont • To:WATER UTILITIES/.ADM PURCHASE ORDER 11421504 WATER UTILITIES/ADM EMERGENCY EXPLORATORY EXCAVATION 1350 LANGHAM ROAD BEAUMONT,DC 77707 PH:(409)880-3720 1 Qt'. D'escri•(ion 'Unit UnitiP'r`ice Line Told! ! EMERGENCY BRIGHTON ST&MONTROSE AVE i • • 1 Emergency Exploratory Excavation(approximately .:LS .. 500 feet east of Brighton St and Montrose Ave, 1 '�'� . 125 OOO.W within DD6 ditch Amelia Cutoff 202). Total 11 ;13S 000.00 • Balance Due r$F• 125;000:001 Thank you for your business! 13221 Chrisman Rd,Houston,TX 77039, 832-812-4820, Kingsolutionservices@ry ahoo.coM . geco ., hrd Ar Pay .. = IzZ2z/ �re„.„ Sc 4.,1-,F • /4. ram,, `.:. BEAUMONT TEXAS October 19,2021 Re: Waste Water Line-Emergency Exploratory Excavation(Approximately 500 feet east of Brighton St and Montrose Ave,within DD6 ditch Amelia Cutoff 202)-Request for Bids The City of Beaumont is requesting bids for a qualified contractor to perform an emergency exploratory excavation located within and adjacent to the 006 drainage ditch, approximately 500 feet east of the intersection of Brighton St. and Montrose Ave., Beaumont,Texas 77707.Time Is of the essence.The City reserves the right to waive bid formalities,to reject any or all bids,and to award to the most responsible bidder making the most satisfying offer to the City. SCOPE OF WORK • 1. Perform an exploratory excavation at the point In the ditch of water inflow underground,and to the entry point Into the waste water pipe,avoiding further damage to the pipe.The exploratory dig shall be to the bottom of the pipe,approximately 17 feet below grade at maximum depth.The exploratory dig ✓shall locate the break in the main line.At a minimum,the excavation length(running parallel to the length of pipe)shall be 30 feet.The excavation shall be attempted to be centered on the break location. ✓ The main line Is 18-inches In diameter. a. Measurement and payment for additional length of excavation(when approved by Owner)In excess of the minimum length specified above is on a linear foot basis.Price per additional linear foot shall be:$:7 $ • tez 2. Saw-cutting and removal and disposal of concrete from DD6 ditch bottom and slope,at a minimum of ✓ 200 sq.ft. Price per additional square footage of concrete removal and disposal shall be: $ L1f•.P 3. Trench excavation protection,`and protection for existing pipelines. 1V/,4 4. Material/spoils haul off and disposal.•✓ 5. Removal of debris from Inside of MH 66,located immediately east of the DD6 ditch.(approximately ✓ 90 feet from the top of the concrete ditch lining). 6. The excavation area shall be protected from the stormwater flow path.If the excavation protection r/ causes the ditch to back-up,bypass pumping will be required.Price of bypass pumping at a daily rate shall be:$ 3t514/ 7. No Traffic Control Is necessary,aside from delivery and removal of equipment from the site. Access to the site is available at College St.,immediately east of the D06 drainage ditch. CITY UTILITIES T409.866.0026 F 409.061.4836 1350 Longhair Road I Beaumont,TX77707 beaumonttoxas.gov ., B E. AUMONT TEXAS • Price to include mobilization,labor,equipment,services,materials,supplies,transportation,utility coordination, trench safety,confined space entry,supervision,and all other Items and facilities necessary therefore. if there are any further questions,contact John Pippins ill,Water Utilities Design Manager at(409)785-4702 or john.pippIns@beaumonttexas.gov. Lump Sum Total: $ g-;4w.4A) ,.. Date of Mobilization: i 6• 'Z • Si r , Contracting Company: 124Itih S010 440 1 Name of Employee Responsible for Bid: �� c1J Signature and Date of Employee Responsible for Bid: /` 10 •Z I' • r Once the exploratory excavation is complete,a Not-to-Exce d cost estimate with time and materials will be requested if the Contractor is readily able to make the nee ed repair.The repair will be made in accordance with City of Beaumont and DD6 technical specifications. l eoa:rs were COA---ofe,4-p/ cc r,o a etdi a-.-w< c0 c7 Ghd ,,.c1tJe, Pa�c.j o P' e Ge•�e„f- St 4i,'zep( sat-kW, ai.,j rrp/*ce. ie J- O>f Corncrtle. 5/c,6. CITY UTILITIES T409.866.0026 F 409.861.4836 1350 Longhorn Road I Beaumont,TX 77707 boaumonttexas.gov RESOLUTION NO. WHEREAS, on November 2, 2021 the City Council of the City of Beaumont, Texas passed Resolution No. 21-294 awarding a contract in the amount of$125,000.00 to King Solution Services, LLC, of Houston, Texas, for the Amelia Cutoff Sewer Line Emergency Repair Project; and, WHEREAS, the project has been inspected by the Water Utilities Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the Amelia Cutoff Sewer Line Emergency Repair Project be and the same is hereby accepted; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $125,000.00 to King Solution Services, LLC, of Houston, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2022. - Mayor Robin Mouton - BEAUMONT E- TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works &Technology Services MEETING DATE: January 11, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 2 to the contract with Brystar Contracting, Inc. for the Lift Station&WWTP Repair Tropical Storm Harvey WWTP Influent Lift Station(Rebid) Project. BACKGROUND On April 13, 2021, by Resolution No. 21-093, City Council awarded a contract to Brystar Contracting, Inc., of Beaumont, for the Lift Station& WWTP Repair Tropical Storm Harvey WWTP Influent Lift Station(Rebid) Project in the amount of$169,430.00. Previous Change Order No. 1, with no dollar amount, is attached for your review. Proposed Change Order No. 2, in the amount of$35,915.00, is required to provide additional ditch rehabilitation along Latin Road to improve drainage at the plant entrance. A total of 120 calendar days will be added to the contract. Seventy-five (75) calendar days for equipment delivery delays and forty-five (45) calendar days for the additional work. If approved, Change Order No. 2 will result in a new contract amount of$205,345.00 with 240 calendar days to complete the project. The project provides for repairs of damages caused by flooding from Tropical Storm Harvey. The Federal Emergency Management Agency(FEMA)has obligated the majority of the funds for the repair and mitigation work, with the balance paid by the City's Harvey Fund. The work proposed in Change Order No. 2 is outside of the FEMA approved scope as it is not Harvey related,but necessary to make additional repairs. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 21-093 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, equipment, and supplies for the Lift Station & WWTP Repair Tropical Storm Harvey WWTP Influent Lift Station (REBID) Project; and, WHEREAS, Brystar Contracting, Inc., of Beaumont, Texas, submitted a bid in the amount of$169,430.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Brystar Contracting, Inc., of Beaumont, Texas, is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to Brystar Contracting, Inc., of Beaumont, Texas, in the amount of$169,430.00, for the Lift Station & WWTP Repair Tropical Storm Harvey WWTP Influent Lift Station (REBID) Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Brystar Contracting, Inc., of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of April, 2021. f NT y8 - Mayor Becky Ames - le✓t L kit " *".' yr � y I f i APPROVAL Of CONTRACT CHANGE CHANGE ORDER No,T o:(2) • DATE:..:Decemberl,2'021. , PROJECT: City of Beaumont,Texas • Lift Station&W WTP.Repairs • T• ropical Storm Harvey W WTP influent Lift Station-;REBID l Bid No.VUU0221=15/FEMA Project No.13335 OWNER_: City of Beaumont Texas1•1 • 801 Main Street . l i , �'BeamontTeas 7770 . CONTRACTOR: BrystarContracting,Inc. �•;': • 8385 college Street • i Beaumont,Texas77706 �11$ TO THE OWNER: i Approval of the following contract change is requested. i . • f•Reason or Change:To provide,ditch rehabilitation along Lafin Road from stations 7+50 to 20+0D Including removal and replacement•of concrete • driveway and 42ft of 18"RCP,r'emoval,and disposal of the existing 12"HOPE pipe and Hydro-mulching { it ORiGINAL`cONTRACTAMOUNT: •$ �169.430`.00 ' ,. • REVISED CONTRACTAMOUNT•PER CHANGE ORDER No.1 $ >169 430 00 • THIS CHANGE.ORDER ttf i • i fr-, 14 Provide ditch rehabilitation along Lafin Road,from stay+50 to sta 20+00 including removal and $ .35,915 00_ replacement of concrete driveway and 42ft of 16°RCP,removal and disposal of the existing 12 HOPE . ' '• pipe and Hydro.mulch the ditch ADD$35,915.00/LS i;. ' TOTAL AMOUNT OFTFiIS CHANGE ORDER: $ ;35,915 00_ . : ll TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: ,$ 205.345.00 rt PERCENT OF THIS CH ANGE ORDER 2120% TOTAL PERCENT CHANGE ORDER TO DATE - '- 2120• %. - .• , •cONTRACTTIME i Original ContractTlme l 120 cafendandays }; Additional Contract Time per Previous Change Orders: 0 calendar days 1 ' , Additional Contract Tine per this Change orders I Time waiting for flood dates and,Building to arrive(8/25/21 to 11/7/21) 75 calendar days 'I# Time topertorm drainage work_alongLafin Road Ditch(sta 7+50 to ste 20+00), 45 calendar days., ,,, ' •• Revised Contract Tim; • -' 240.calendardays. ,i CONDITION OF CHANGE. • "Contractor;acknowledges•and agrees that•the adjustments'In,F.,gp::t.l,.'a•g''t price and contract time stipulated•In this Change.Order'represents full ' comperisatlon for ail Increases and decreases In the;cost of,and the time requi(edto perform'the entire work under the contact arising directly - or indirectly from this thange Order and'all previous Change Orders Acceptance of this waiver constitutes an agreement between Owner antd- . - Contractor that the Change Order represents•an all Inclusive mutually agreed upon ad)tistment to the Contract,and that Contractor will waive all; rights to file a claim on this Change Order after it Is properly executed ''• - s ` I . I is I if fA ,.‘cc by Reviewed hy. . Review I Lr Brystar Contracting ilnc} YAmalia Villarreal,P E. Ba B owiak r t ', Contractor I City Engineer _ • Director of Public Works - • 1`- and Technology Services I • III j Date 1`Z',r'?:'. ® Date la I `') /2i Ic ( +f Recem ended ' / owed by Attested by, r - • r.t. / • , , Schaumburg&Po `Inc Kyle Hayes` Tina Bro•ussard I `: ' Engineer i • • ' City Manager City ClerlC ' Date - " f, . i_ I i II .;1 1 Page 1 of 1 • l,y. i, • 1 APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.One(1) DATE: .May,27,2021 PROJECT: city of Rea uniont,Texas Lift Station&WWTP Repairs • Tropical Storm Harvey WWTP Influent Lift Station-REBID Bid No.Wu0221-15/FEMA Project No.13335 OWNER: City of Beaumont,Texas 801 Main Street Beaumont;Texas 77704 CONTRACTOR: Brystar Contracting,Inc. 8385 College Street Beaumont,Texas 77706 TO THE OWNER: Approval of the following contract change is requested. Reason for Change:To include a 4'x 2'x 7"tail step at.the stairs flood wall,and encase existing handrail in flood wall. ORIGINAL CONTRACT AMOUNT: $ . 169,430.00 TOTAL AMOUNT OF THIS CHANGE ORDER No.1 $ 0.00 TOTAI.REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER S 169,430.00 CONTRACT TIME Original Contract Tithe: 120 calendar days Additional Contract Time Requested this:change order o calendar days_ Revised Contract Time per this Change Order 120 calendar days CONDITION'OF CHANGE: "Contractor ackno*ledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all.increases and decreases in the cost of,and the time required to perform the entire work.under the Contract arising directly or indirectly from this Change Order and ell previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and Contractor that the Change Order represents an all Inclusive,mutually agreed Upon adjustmehtto the Contract,and that Contractor will waive al) rights to file a claim on this.Change Order after it is properly executed." Rec nded :::: ont t___ st hs cting,Inc. Engineer /(J/J� Owner Contract Date: 0� / Date: (y- 21' Date: Page 1 of 1 RESOLUTION NO. WHEREAS, on April 13, 2021 the City Council of the City of Beaumont, Texas passed Resolution No. 21-093 awarding a contract in the amount of $169,430.00 to Brystar Contracting, Inc, of Beaumont, Texas, for the Lift Station &WWTP Repair Tropical Storm Harvey VW TP Influent Lift Station (REBID) Project; and, WHEREAS, on June 4, 2021, the City Manager executed Change Order No. 1, in the amount of$0.00, to include 4' x 2' x 7" tall steps at the stairs flood wall and to encase as existing handrail in the flood wall, thereby having no effect on the total contract amount of$169,430.00; and, WHEREAS, Change Order No. 2, in the amount of $35,915.00, is necessary to provide additional ditch rehabilitation along Lafin Road to improve drainage at the plant entrance, thereby increasing the total contract amount to $205,345.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute Change Order No. 2, in the amount of $35,915.00 for the additional work described above, thereby increasing the total contract amount to $205,345.00 for the Lift Station & WWTP Repair Tropical Storm Harvey VWVfP Influent Lift Station (REBID) Project. 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 11th day of January, 2022. - Mayor Robin Mouton - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works &Technology Services MEETING DATE: January 11, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to Accept maintenance and authorize final payment to Brystar Contracting, Inc. for the Lawson's Canal Reclamation Debris Hauling Phase II Project. BACKGROUND On August 31, 2021,by Resolution No. 21-216, City Council awarded a contract to Brystar Contracting, Inc., of Beaumont, in the amount of$179,000.00, for the Lawson's Canal Reclamation Debris Hauling Phase II Project. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of maintenance and final payment in the amount of$9,710.00 is recommended. FUNDING SOURCE Water Fund—Contract Services. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 21-216 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the Lawson's Canal Reclamation Debris Hauling Phase 11 Project; and, WHEREAS, Brystar Contracting, Inc., of Beaumont, Texas, submitted a base bid in the amount of $173,000.00 and an additive bid in the amount of $6,000.00, with a total contract amount of$179,000.00; and, WHEREAS, the City Council is of the opinion that the base bid and additive bid submitted by Brystar Contracting, Inc., of Beaumont, Texas, is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to Brystar Contracting, Inc., of Beaumont, Texas, in the base bid amount of $173,000.00 and an additive bid amount of $6,000.00, with a total contract amount of $179,000.00, for the Lawson's Canal Reclamation Debris Hauling Phase II Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Brystar Contracting, Inc., of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of August, 2021. _G - Mayor obin Mouton - Invoice # 2 - Final 04-Jan-2022 03:22 PM CST Lawson's Canal Reclamation Debris Hauling Phase II Marina Street Beaumont,Texas 77704 Project Number:PW0521-13 2 - Final: Brystar Contracting, Inc. - Lawsons Canal Reclamation Debris Hauling Phase II Amount Due: $9,710.00 For Contract Contract-001 Lawsons Canal Reclamation Debris Hauling Phase II Date 03-Jan-2022 Line Item Unit price Type Group 3.0 Construction Pay Period 01-Dec-2021 to 05-Dec-2021 Retainage WC 5.00-MS 0.00 Payment To Brystar Contracting,Inc. Trevor Holmes Date Due Terms Attachments Line Items Work Materials Account WBS/ Completed Stored %WC %MS Item# Code Section Description Quantity UoM Unit Price (WC) (MS) Retainage Retainage Contract Items i9 001 001 001 MOBILIZATION(NOT TO 1.00 LS 8,000.00 800.00 0.00 0.00 0.00 EXCEED 5%OF TOTAL BASE UNIT PRICES) 002 002 001 EXCAVATION,LOADING, 1.00 LS 165,000.00 0.00 0.00 0.00 0.00 HAULING AND DISPOSAL OF EXISTING VEGETATION, BACKFILL MATERIAL,AND CONSTRUCT! 003 003 001 REMOVE,HAUL AND DISPOSE 1.00 LS 6,000.00 0.00 0.00 0.00 0.00 OF ELEVEN(11)CONCRETE BARRIERS APPROXIMATELY 30 FOOT IN LENGTH ALONG THE Total 800.00 0.00 1 I Grand Total:$800.00 Summary 1. CONTRACT SUM+AMENDMENTS 179,000.00 2. NET CHANGE BY Change Order 0.00 3. CONTRACT SUM TO DATE(Line 1+Line 2) 179,000.00 4. TOTAL COMPLETED&STORED TO DATE 179,000.00 5. RETAINAGE 5a. 5.00%Of Completed Work(Column I on Continuation Sheet) 0.00 5b. 0.00%Of Stored Material(Column J on Continuation Sheet) 0.00 TOTAL RETAINAGE(5a+5b) 0.00 ( 6. TOTAL EARNED LESS TOTAL RETAINAGE — — 179,000.00 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT 169,290.00 8. CURRENT AMOUNT DUE $9,710.00 9. BALANCE TO FINISH,INCLUDING RETAINAGE(Line 3 less Line 6) 0.00 Change Order Summary NET CHANGE by Change Order $0.00 ADDITIONS DEDUCTIONS Total changes approved in previous pay periods — — 0.00 —�� 0.00 Total approved this pay period 0.00 0.00 TOTAL 0.00 0.00 Accounting and Payment Status Invoice Id 107 Payment Status Check#s Paid Date Paid Amount $0.00 PO Number — — FEMA Number Accounting Project Code Custom Accounting Field 04 { Custom Accounting Field 05 Custom Accounting Field 06 Custom Accounting Field 07 Custom Accounting Field 08 Approval Approved Due: 11-Jan-2022 Name or Role Status Actions 1 Extemal-GC Approved Trevor Holmes 03-Jan-2022 10:17 AM CST Name or Role Status Actions 2 Project Manager Approved David Tingle 03-Jan-2022 10:18 AM CST 3 City Engineer Approved Amalia"Molly"Villarreal 04-Jan-2022 02:12 PM CST 4 Director Approved Bart Bartkowiak 04-Jan-2022 03:14 PM CST 5 Admin Approved Crystal Garza 04-Jan-2022 03:22 PM CST Created by:David Tingle on 03-Jan-2022 Last Modified by:Crystal Garza on 04-Jan-2022 RESOLUTION NO. WHEREAS, on August 31, 2021 the City Council of the City of Beaumont, Texas passed Resolution No. 21-216 awarding a contract with a base bid in the amount of $173,000.00 and an additive bid in the amount of$6,000.00 with a total contract amount of$179,000.00 to Brystar Contracting, Inc., of Beaumont, Texas, for the Lawson's Canal Reclamation Debris Hauling Phase II Project; and, WHEREAS, the project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the Lawson's Canal Reclamation Debris Hauling Phase II Project be and the same is hereby accepted; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of$9,710.00 to Brystar Contracting, Inc., of Beaumont, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2022. - Mayor Robin Mouton - G BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works &Technology Services MEETING DATE: October 12, 2021 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to accept maintenance and authorize final payment to Brystar Contracting, Inc. for the South 23rd Street Roadway Rehabilitation Project. BACKGROUND On August 31, 2021, by Resolution No. 21-215, City Council awarded a contract to Brystar Contracting, Inc., of Beaumont, in the amount of$178,641.00, for the South 23rd Street Roadway Rehabilitation Project. Previous Change Order No. 1, in the amount of$3,540.00, is attached for your review. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of maintenance and final payment in the amount of$9,869.05 is recommended. FUNDING SOURCE Capital Program—Streets &Drainage. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 21-215 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the South 23rd Street Roadway Rehabilitation Project; and, WHEREAS, Brystar Contracting, Inc., of Beaumont, Texas, submitted a bid in the amount of$178,641.00; and, WHEREAS, the City Council is of the opinion that the bid submitted by Brystar Contracting, Inc., of Beaumont, Texas, is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE • CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to Brystar Contracting, Inc., of Beaumont, Texas, in the amount of$178,641.00, for the South 23rd Street Roadway Rehabilitation Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Brystar Contracting, Inc. of Beaumont, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of August, 2021. gitte:t) _di/Au/044 , pi°4"4"‘N - Mayor Robin Mouton - (fricSi � 10/19/21,1:52 PM Projectmates Contract Contract- 001.001 19-Oct-2021 01:48 PM CST South 23rd Street Roadway Rehabilitation Project South 23rd Street Beaumont,Texas 77701 Project Number:PW0721-14 001.001: CO#001.001: Curb Inlet Change Grand Total: $3,540.00 For 001 South 23rd Street Roadway Rehabilitation Project Division 99 Line item Unit price Type Group 3.0 Construction Scope of Work Notes This Change Order is needed to remove pre-cast curb inlets and replace them with cast-in-place curb inlets due to conflicts with an existing sanitary sewer and an existing water Ilne.Please see attached sheet 27A for cast-in-place curb inlet details. Awarded To Brystar Contracting,Inc. Trevor Holmes Reason Equipment Change Code Days 0 Changed Attachments Cast in Place Inlet Detail-Slgned.pdf Change Order Summary Original Contract Sum 178,641.00 Substantial Completion Date 3-Dec-2021 Net Cost by Previous Approved COs 0.00 I Net Time Change By Previous COs 0 days Contract Sum Before Thls CO 178,641.00 l Substantial Completion before This CO 3-Dec-2021 Contract Sum Changed By This CO 3,540.00 Time Changed By This CO 0 days New Contract Sum 182,181.00`New Substantial Completion Date 3-Dec-2021 All Change Orders make up 1.86%of the Original Contract Accounting and Status Accounting Status Item Id 125 hops://cityofbeaumont.projectmates.com/Projectmates/ContractMgmt/ContractPrinterFriendly.aspx7enc=28878D01099D67580F61 C4C8707E682578... 1/2 10/19121,1:52 PM Projectmates Contract PO Number FEMA Number Accounting Project Code Custom Accounting Field 04 Custom Accounting Field 05 Custom Accounting Field 06 Custom Accounting Field 07 Custom Accounting Field 08 • Line Items Item# Account Code WBS/Section Description Quantity UoM Unit Price Total Amount Contract Items 465-6001 001 CURB INLET(COMPL)(PCO)(5'-0") -2.00 EA 3,600.00 -7,200.00 465-6002 001 CURB INLET(COMPL)(CAST IN PLACE)(5'0") 2.00 EA 5,370.00 10,740.00 Total 3,540.00 Grand Total:3,640.00 Approval Approved Due:22-Oct-2021 Name or Role Status Actions 1 External-GC Approved Trevor Holmes • 13-Oct-2021 02:41 PM CST 2 Project Manager Approved David Tingle 13-Oct-2021 02:48 PM CST 3 City Engineer Approved Amalia"Molly"Villarreal 14-Oct-2021 01:45 PM CST 4 Director Approved �� Bart Bartkowiak �mOm�% �q,©�� • 15-Oct-2021 02:23 PM CST Q �'v/- � fi oo g. Created by:David Tingle on 13-Oct-2021 Last Modified by:Bart Bartkowiak on 15-Oct-2021 414 ATTESTED BY: APPROVED BY: "tk ��vort. L I v 10 - 20 - 2/ Alin Gt.if)Dihacc.i.AA 0 '01D.Ri Kyle Hayes Date Tina Broussard Date City Manager City Clerk https://cityofbeaumont.projectmates.com/Projectmales/ContractMgmt/ContractPrinterFriendiy.aspx7en�28878D01099DB7580F61 C4C8707E682578... 2/2 Invoice # 3 - Final 04-Jan-2022 03:30 PM CST South 23rd Street Roadway Rehabilitation Project South 23rd Street Beaumont,Texas 77701 Project Number:PW0721-14 001.003: Brystar Contracting, Inc. - South 23rd Street Roadway Rehabilitation Project Amount Due: $9,869.05 For Contract Contract-001 South 23rd Street Roadway Rehabilitation Project Date 03-Jan-2022 Line Item Unit price Type Group 3.0 Construction Pay Period 01-Dec-2021 to 06-Dec-2021 Retainage WC 5.00-MS 0.00 Payment To Brystar Contracting,Inc. Trevor Holmes Date Due Terms Attachments Line Items Work Materials Account WBS/ Unit Completed Stored %WC %MS Item# Code Section Description Quantity UoM Price (WC) (MS) Retainage Retainage CO#001.001:Curb Inlet Change-Contract Items 465- 001 CURB INLET(COMPL)(PCO) -2.00 EA 3,600.00 -7,200.00 0.00 0.00 0.00 6001 (5'-0") 465- 001 CURB INLET(COMPL)(CAST IN 2.00 EA 5,370.00 0.00 0.00 0.00 0.00 6002 PLACE)(5'0") Total -7,200.00 0.00 Contract Items Tc 100- 001 PREP ROW 6.50 STA 2,300.00 0.00 0.00 0.00 0.00 6001 104- 001 REMOVING CONC(CURB AND 219.00 LF 4.00 0.00 0.00 0.00 0.00 6001 GUTTER) 104- 001 REMOVING CONC(PAVEMENT) 574.00 SY 20.00 0.00 0.00 0.00 0.00 6002 (4"-12") Work Materials Account WBS/ Unit Completed Stored %WC %MS Item# Code Section Description Quantity UoM Price (WC) (MS) Retainage Retainage 104- 001 REMOVING CONC(DRIVEWAY) 58.00 SY 14.00 0.00 0.00 0.00 0.00 6017 (4"-6") 105- 001 RMV TRT BASE AND ASPH 108.00 SY 22.00 0.00 0.00 0.00 0.00 6001 PVMNT(0"-4")(SKID STEER) 162- 001 BLOCK SODDING 146.00 SY 8.00 0.00 0.00 0.00 0.00 6002 164- 001 SEEDING 1,486.00 SY 1.00 0.00 0.00 0.00 0.00 6001 247- 001 FLEX BASE(TY A)(GR 2)(12") 606.00 SY 35.00 0.00 0.00 0.00 0.00 6073 (DC)(COMP.IN PLACE) (ROADWAY BASE COURSE) 360- 001 JOIN REINFORCED CONC PAV 574.00 SY 88.00 0.00 0.00 0.00 0.00 6001 (10")(CL P) 400- 001 CEMENT STABIL BKFL(2.0 59.00 CY 63.00 0.00 0.00 0.00 0.00 6001 SK/CY SAND) 4122- 001 HP STORM PIPE 18" 16.00 LF 80.00 0.00 0.00 0.00 0.00 6001 4122- 001 HP STORM PIPE 24" 93.00 LF 92.00 0.00 0.00 0.00 0.00 6002 432- 001 RIPRAP(STONE PROTECTION) 60.00 CY 150.00 0.00 0.00 0.00 0.00 6001 (12 IN) 465- 001 CURB INLET(COMPL)(PCO) 2.00 EA 3,600.00 7,200.00 0.00 0.00 0.00 6001 (5'-0") 467- 001 SAFETY END TREATMENT(TY 2.00 EA 2,300.00 0.00 0.00 0.00 0.00 6001 II) 496- 001 REMOVE STR(CURB INLET) 2.00 EA 500.00 0.00 0.00 0.00 0.00 6001 496- 001 REMOVE STR(PIPE)(ALL 137.00 LF 20.00 0.00 0.00 0.00 0.00 6002 SIZES)(ALL MATERIAL) 500- 001 MOBILIZATION 1.00 LS 8,000.00 800.00 0.00 0.00 0.00 6001 502- 001 BARRICADES,SIGNS,AND 1.00 MON 1,500.00 0.00 0.00 0.00 0.00 6001 TRAFFIC HANDLING 529- 001 CONC CURB AND GUTTER 219.00 LF 20.00 0.00 0.00 0.00 0.00 6001 530- 001 DRIVEWAYS (6"CONC)(HES) 58.00 SY 91.00 0.00 0.00 0.00 0.00 6017 530- 001 APRON (HMAC)(3")(TY-D) 23.00 TON 360.00 0.00 0.00 0.00 0.00 6018 (PG64-22) Work Materials Account WBS/ Unit Completed Stored %WC %MS Item# Code Section Description Quantity UoM Price (WC) (MS) Retalnage Retalnage 9999- 001 DITCH CONSTRUCTION AND 824.00 LF 10.00 0.00 0.00 0.00 0.00 6001 OR RESHAPING(EXCAVATION, REMOVE TREES,BUSHES, SEDIMENT AND DEBRIS FROM LT Total 8,000.00 0.00 Grand Total:$800.00 Summary 1. - CONTRACT SUM+AMENDMENTS 178,641.00 2. NET CHANGE BY Change Order 3,540.00 3. CONTRACT SUM TO DATE(Line 1+Line 2) 182,181.00 4. TOTAL COMPLETED&STORED TO DATE 182,181.00 5. RETAINAGE 5a. 5.00%Of Completed Work(Column I on Continuation Sheet) 0.00 5b. 0.00%Of Stored Material(Column Jon Continuation Sheet) 0.00 TOTAL RETAINAGE(5a+5b) 0.00 6. TOTAL EARNED LESS TOTAL RETAINAGE 182,181.00 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT 172,311.95 8. CURRENT AMOUNT DUE $9,869.05 9. BALANCE TO FINISH, INCLUDING RETAINAGE(Line 3 less Line 6) 0.00 Change Order Summary NET CHANGE by Change Order $3,540.00 ADDITIONS DEDUCTIONS Total changes approved in previous pay periods 10,740.00 -7,200.00 Total approved this pay period 0.00 0.00 TOTAL 10,740.00 -7,200.00 Accounting and Payment Status Invoice Id 108 Payment Status Check#s Paid Date Paid Amount $0.00 PO Number FEMA Number Accounting Project Code Custom Accounting Field 04 Custom Accounting Field 05 Custom Accounting Field 06 Custom Accounting Field 07 Custom Accounting Field 08 Approval Approved Due: 11-Jan-2022 Name or Role Status Actions 1 External-GC LLr� Approved Trevor Holmes 03-Jan-2022 10:17 AM CST 2 Project Manager Approved David Tingle 03-Jan-2022 10:18 AM CST 3 City Engineer Approved Amalia"Molly"Villarreal 04-Jan-2022 02:24 PM CST 4 Director Approved Bart Bartkowiak 04-Jan-2022 02:37 PM CST 5 Admin Approved Crystal Crystal Garza 04-Jan-2022 02:40 PM CST Created by: David Tingle on 03-Jan-2022 Last Modified by:Crystal Garza on 04-Jan-2022 RESOLUTION NO. WHEREAS, on August 31, 2021 the City Council of the City of Beaumont, Texas passed Resolution No. 21-215 awarding a contract in the amount of $178,641.00 to Brystar Contracting, Inc., of Beaumont, Texas, for the South 23rd Street Roadway Rehabilitation Project; and, WHEREAS, on October 20, 2021, the City Manager executed Change Order No. 1, in the amount of$3,540.00, to remove pre-cast curb inlets and replace them with cast- in-place curb inlets due to conflicts with an existing sanitary sewer and an existing water line, thereby increasing the total contract amount to $182,181.00; and, WHEREAS, the project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the South 23rd Street Roadway Rehabilitation Project be and the same is hereby accepted; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of$9,869.05 to Brystar Contracting, Inc., of Beaumont, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2022. • - Mayor Robin Mouton - H BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works &_Technology Services MEETING DATE: January 11, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to accept maintenance and authorize fmal payment to Texas Drainage, Inc. for the Tyrrell Park Loop Drainage Project. BACKGROUND On April 6, 2021, by Resolution No. 21-091, City Council awarded a contract to Texas Drainage, Inc., of Waller, Texas, in the amount of$69,415.76, for the Tyrrell Park Loop Drainage Project. Previous Change Order Nos. 1-2, in the amount of$527.76, are attached for your review. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of maintenance and fmal payment in the amount of$3,592.18 is recommended. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 21-091 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, and equipment for the Tyrrell Park Loop Drainage Project; and, WHEREAS, Texas Drainage, Inc., of Waller, Texas, submitted a bid in the amount of$69,415.76; and, WHEREAS, the City Council is of the opinion that the bid submitted by Texas Drainage, Inc., of Walter, Texas, is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to Texas Drainage, Inc., of Waller, Texas, in the amount of$69,415.76, for the Tyrrell Park Loop Drainage Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Texas Drainage, Inc., of Waller, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of April, 2021. ��� Mayor Becky Ames- sic5c, ' •' ' r. • • CITY OF BEAUMONT • • DATE: July a;It021 'ORIGINAL CONTRACT TIME(DAYS): I 6D I PROJECT: TYRRELL PARR LOOP DRAINAGE PROJECT OWNER: CITY OF BEAUMONT !ADDITIONAL TIME REQUESTED: I 24 CONTRACTOR: TEXAS DRAINAGE INC. CHANGE ORDER 210.:2 INEw com-Rtcrribty, I 84 I pasi,roits[ist THEMA/IS xrpioa REcpzcenomfAstelibitzE'vTaten : ', :• • f: 24 Calendar Myr ambers granted due on hiebuonsonanerAos Itun N• hen:Cade Derertnelan Unit Oriel.'omatto• Nor Ow:Ws Dalt hien TOTAL: • tits-di/deft bianit ;• ORIGINAL CONTRACT AMOUNT: S 69,415.76 NET FROM PREVIOUS CHANGE ORDERS: S 527.76 TOTAL AMOUNT OF THIS CHANGE ORDER S • PERCENT OF THIS CHANGE ORDER: 0.00% TOTAL PERCENT CHANGE ORDER TO DATE: 0.26% NEW CONTRACT AMOUNT: S 69,94332 Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order repretentt full compensation for all incrases and decreases in the cost oC and the time required to pertbrm the cutter work under the contract arising directly or indirectly from this Change Order and • all previout Change Orders.Acceptance of this waiver mistimes an agreement between Owner and Comm-tar that the Change Order represents an all inclusive. mum*agreed upon adjustment to the Coatraet,and that Columnar will waive all rights to file a ehim on this Change Order after it is properly executed. AC P ARED RV 7-g-21 7/Ellgal TEXAS DRAIN REPRESENT. ATIVE DATE TINGLE,E.L. DA PUBLIC WO• DESIGN MANAGER • REVIEWED WY: REVILI • :•: 04)0kl-ak.k_a .-561 aCQ / •AMALL1 VILLAItREAL,P.E. DATE BART •TKOW1A DATE CITY ENGINEER DIRECTOR OF PUBLIC WORKS AND TECHNOLOGY SERVICES APPROVED BY: BY: /3-zl tpLiv pA46‘14/ i.is •al KYLE HAYES,CITY MANAGER DATE TRiA BRO •::,• CLERK DAIE livto`"ekti ner,..<( • t„..co, • ":141.10 • • e, n 11.1 14 41404-1XJ;•1 8 • I ••••-• - • 0' I CITY OF BEAUMONT DATE: June 27,2021 I ORIGINAL CONTRACT TIME(DAYSP I 60 'PROTECT: TYRRELL PARK LOOP DRAINAGE PROTECT - OWNER: CITY OF BEAUMONT IADDMONAL IDS HEQUESIFD: I 0 I CO7 rRACrOR: TEXAS DRAINAGE INC. CHANGE ORDER NO.:1' INEW CONTRACT TLME I 60 I TSB FOId.owarG CHANGES DI THE PLAINS AND/OR 6PBciPtcthTolf9ARE YmAD :: - This Chap Ord=hnmkddnr 6s acma&tnith an anfonacca AT&T pbmoTmr. - -. It®No. lino Coils Dsrlpth DM odpmlQmmty N..rQmmdt7 Ellis Pricx Tom1 104 6001 RFINOVISG CONC SY 21.00 '41.21 5166.67 53166.73 400 6001 CEJSIFNT STABIL RI:FL(LOWK/CYSANIJ CV 30.116 37.00 513417 5939.11 ' 496 -6007 RFI1( EEIRIPI►E)1A11S17Ei)(ALLMATERJALS) LF MAO 15.00 5171.63 '411'106.71 ' $11 6601 CONCDDEWAIES H') Sr 11.00 A120 5150L0 55,0.m00 T60 6001 CLEANING AND RESHA�GD1TCHES STING 'SwALEDTTCIR -IS O 600 51.00 511IWato DO -D0 - 1122 6001 ..1U5R50OPLCS11C PIPE(Ir HOPE) IS 6120 160.00 S40.95 177561 -- - - - - -. TOTAL: 5517.76 -.. .- •-.i� .o-cez b RBra DAYS A ADDm 1'O TSE.cOIITRACT Tret0i rmriifCSANtiL O8affit - .-' _ • - ORIGINAL CONTRACT AMOUNT: S 69,415.76 NET FROM PREVIOUS CHANGE ORDERS: 5 - TOTAL AMOLirR OF THIS CHANGE ORDER: ,5 527.76 PERCENT OF THIS CHANGE ORDER: 0.76% TOTAL PERCENT CHANGEORDER TO DATE: 0.76% NEW CONTRACT AMOUNT: S 69,9-13_52 Contractor acknowledges and agrees thu the adjustment,in convict prize ors(cua:rars time stipulated is this Chatige Order mimosas this compem orioia far all inorcases-and de:senses in the coat of,and the rime required to perform the entire work under dm contract arising directly or mdirccdy from this Change Order and -all prev(oat Change Olden.Acceptant of this woivcr coca los an agrees'srat tsc acm Owner and Conimetor that the Change Onlc represents an all inclusive, • mmvallya&eal anon adjustment to the Caelmrt,and thu CoOvan[orwill waive all ri5hcs to 6Ic a claim ou this Cluoge Order at er it is properly Canted. • ACL2YI CO. : PREP ED BY: r �-� G-ZS-2/ • 6./ oZi0 ' TEXAS DRAINA REPRESENTA . DATE - A ID TINGLE,E.LT . DATE PUBLIC WORKS D GN MANAGER , ' .. ' &.tA.3\JUJI.I. 6 i., ,v6 A 1 4-ZZ-Z( -AM ALIAVILLARREAL,P.E ' - - . ATE ART BAR WIAK . DATE - CIY ENGINEER DIRECTOR OF PUBLIC WORKS AND TECHNOLOGY SERVICES APPROVED BY: A BF: ` L LLL .811— tri.1.460f.A.R. (_0.-1)1M KYLE HAYES,CITY MANAGER DATE' TINA BROUSSARD,CITY CLERK. DATE , . vdd�oo a8 0 �a .. ea c CITY OF BEAUMONT ESTIMATE PROJECT: Tyrrell Park Loop Drainage Project AWARDED CONTRACT AMOUNT: $69,415.76 PERCENT OF TIME USED: 98.81% CONTRACTOR: Texas Drainage Inc. CONTRACT DATE: May 10,2021 PERCENT OF WORK COMPLETED: 100.00% MONTHLY ESTIMATE#: 03-Final CURRENT CONTRACT AMOUNT: $69,943.52 PERIOD ENDING: July 1-31,2021 CONTRACT CALENDAR DAYS: 84 CHANGE ORDERS: 02 CALENDAR DAYS USED: 83 , . M , . _ .,. T>.._ t t w DESCR PTION _ U IT ,, ST P '_IOU ,_ Q RA QT ESTI TE` UNl �4 : ��=+TOT "', ,-x :.. t.._ _.. _.�� ,. _. .r�� I .:..�.� .. x-. : � _ L r. N . >^ ._.. _.,_ _ REV _S �. 7 At; IVfA . T# A4 . t,... z_.,,. .Y, � .. 3 ._. �S :c:,.�` r :. �::: s. .. A .. L.. . x ...� ...__ ,�.. :_ .._. " �.,_. .. .. -." .., t . i.._ ,k : ; s, r�' : ...., .L:EM..COE7�.. a ,,.: r.. ,:- `- - _ z ,.,_ � off..,.._ C ;. x _.,.:. . .�:.. -,_ _� _ s 7 i'l, t. s..4.13 m _..,�. 1 >. .;..., ......,- h 1 1...,.r.'Nt'M L rl ;; 4 F i,.:vR.l,.4,- .: iS .in l. t;'1:�.., .EF ;.o. ,.4�'F, ..,,,', vi;4+.,. .5.i,. �. .Y..:. ,.. �. d ... 4r ,.h4 k..r. 4 V p...k -k_..... n ....i . 1',. _� ):, .., .- .�;.,: y ,., 4� .9>" t+y�:,",, 0 �_.,.� s � ,� _. � . �� �_�. ,� � -a. a a � :, _ E' R ., � . _, I S ,E :I TE ;: PATE ;�` C T N _,, ._. T.,.� :.*,_,_ ..-, . ,:.,. ,...,.� y-E» .. .r.> _§. ,_,�, . . �x.,v m ,.. ., ..,:.,r,: . A$U _ _ m QTX .r. �S�'M9.E,n� STMA ��`'CQ . _. . „:�?RI. E., :�; T cAMQUN,i.w 104 6001 .(CHANGE ORDER NO.1)REMOVING CONC SY 41.2 4L20 0.00 41.20 $ 166.67 $ 6,866.80 105 6128 REMOVING UNTREATED BASE(12")(DRIVEWAY) SY 61 6L00 0.00 61.00 $ 81.97 $ 5,00017 247 6233 FL BS(CLAP IN PLACE)(TY A GR 1-2)(12")(DRIVEWAY) SY 61 6L00 0.00 61.00 $ 204.26 $ 12,459.86 400 6001 .(CHANGE ORDER NO.1)CEMENT STABIL BKFL(2.0 SK/CY SAND) CY 37 37.00 0.00 37.00 $ 134.17 $ 4,964.29 496 6007 .(CHANGE ORDER NO.1)REMOVE STR(PIPE)(ALL SIZES)(ALL MATERIALS) LF 15 15.00 0.00 15.00 $ 172.83 $ 2,592.45 500 6001 MOBILIZATION LS 1 0.90 0.10 1.00 $ 1,000.00 $ 1,000.00 531 6001 .(CHANGE ORDER NO.1)CONC SIDEWALKS(4") SY 41.2 41.20 0.00 41.20 $ 250.00 $ 10,300.00 760 6001 .(CHANGE ORDER NO.1)CLEANING AND RESHAPING DITCHES(DUSTING SWALE DITCH) LF 600 600.00 0.00 600.00 $ 3.00 $ 1,800.00 4122 6001 *(CHANGE ORDER NO.1)THERMOPLASTIC PIPE(18"HOPE) LF 80 80.00 0.00 80.00 $ 40.98 $ 3,278.40 DITCH CONSTRUCTION AND OR RESHAPING(EXCAVATION,REMOVE TREES,BUSHES,SEDIMENT AND 9999 6001 DEBRIS FROM DITCH 1,ALL DEPTHS,INCLUDING MAINTAINING SHOWN FLOW DIRECTION, LF 3248 3,246.00 0.00 3,248.00 $ 3.95 $ 12,829.60 RESTORATION,SEEDING,AND ALL APPURTENANCES,AU.IN STRICT ACCORDANCE WITH THE PLANS AND SPEOFICATIONS DITCH CONSTRUCTION AND OR RESHAPING(EXCAVATION,REMOVE TREES,BUSHES,SEDIMENT AND 9999 �� DEBRIS FROM DITCH 2,ALL DEPTHS,INCLUDING MAINTAINING SHOWN FLOW DIRECTION, LF 194 194.00 0.00 194.00 $ 3.95 $ 766.30 RESTORATION,SEEDING,AND ALL APPURTENANCES,ALL IN STRICT ACCORDANCE WITH THE PLANS AND SPECIFICATIONS DITCH CONSTRUCTION AND OR RESHAPING(EXCAVATION,REMOVE TREES,BUSHES,SEDIMENT AND 9999 �� DEBRIS FROM DITCH 3,ALL DEPTHS,INCLUDING MAINTAINING SHOWN FLOW DIRECTION, LF 1303 1,303.00 0.00 1,303.00 $ 3.95 $ 5,14695 RESTORATION,SEEDING,AND ALL APPURTENANCES,ALL IN STRICT ACCORDANCE WITH THE PLANS AND SPECIFICATIONS DITCH CONSTRUCTION AND OR RESHAPING(EXCAVATION,REMOVE TREES,BUSHES,SEDIMENT AND 9999 �� DEBRIS FROM DITCH 4,ALL DEPTHS,INCLUDING MAINTAINING SHOWN FLOW DIRECTION,SURFACE LF 744 744.00 0.00 744.00 $ 3.95 $ 2,938.80 RESTORATION,SEEDING,AND ALL APPURTENANCES,ALL IN STRICT ACCORDANCE WITH THE PLANS AND SPECIFICATIONS , 1 of 2 CITY OF BEAUMONT ESTIMATE PROJECT: Tyrrell Park Loop Drainage Project AWARDED CONTRACT AMOUNT: $69,415.76 PERCENT OF TIME USED: 98.81% CONTRACTOR: Texas Drainage Inc. CONTRACT DATE: May 10,2021 PERCENT OF WORK COMPLETED: 100.00% MONTHLY ESTIMATED: 03-Neal CURRENT CONTRACT AMOUNT: $69,943.52 PERIOD ENDING: July 1-31,2021 CONTRACT CALENDAR DAYS: 84 CHANGE ORDERS: 02 CALENDAR DAYS USED: 83 ITEM NO. ITEM CODE DESCRIPTION UNIT MEASURE I QTY. I PREVIOUS ESTIMATEI TO DATE ESTIMATE I TOTAL ESTIMATE DATE EIIATE I PUMT TOTAL RICE I AMOUNT GRAND TOTAL AMOUNT OF WORK DONE: $ 69,943.52 PREPARED BY: / 3�202Z ID TINGLE,E.I,T., BLIC ItfORKS DESIGN MANAGER / Date LESS 5%RETAINAGE: I I+ ] a oa� SUBTOTAL: $ 69,943.52 REVIEWED BY: •1� �-1 AMAUA V REAL,P.E., ENGINEER Date LESS PREVIOUS PAY ESTIMATE: $ 66,351.35 / = Z FINAL PAYMENT WITH RETAINAGE: $ 3,592,18 APPROVED BY: BARTBARTKOWIA , Date DIRECTOR OF PUBLIC •:KS AND TECHNOLOGY SERVICES - (MI lU II-20 a-1 TEXAS DRAINAGE,REPRES `TATIVE Date I certify that all work including materials covered by this Invoice have been completed cc delivered in accordance with Contract documents. cesIdev + 2 of 2 RESOLUTION NO. WHEREAS, on April 6, 2021 the City Council of the City of Beaumont, Texas passed Resolution No. 21-091 awarding a contract in the amount of$69,415.76 to Texas Drainage, Inc., of Waller, Texas, for the Tyrrell Park Loop Drainage Project; and, WHEREAS, on June 29, 2021, the City Manager executed Change Order No. 1, in the amount of$527.76, due to an unforeseen AT&T phone line, thereby increasing the total contract amount to $69,943.52; and, WHEREAS, on July 13, 2021, the City Manager executed Change Order No. 2, in the amount of $0.00, adding twenty-four (24) calendar days due to inclement weather, thereby having no effect on the total contract amount of$69,943.52; and, WHEREAS, the project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the Tyrrell Park Loop Drainage Project be and the same is hereby accepted; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of$3,592.18 to Texas Drainage, Inc., of Waller, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2022. - Mayor Robin Mouton - 1 _ _ BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: January 11, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a ground lease agreement with Steven Cary for property located at the Beaumont Municipal Airport. BACKGROUND A request was received by Steven Cary to lease property at the airport for construction of a personal aircraft storage hangar. Mr. Cary is proposing to construct a hangar on a 60' x 100' lot with approaches at the airport. The lease agreement provides for a twenty (20)year term commencing on February 1, 2022 and ending January 31, 2042 with the option of two renewals for a period of 10 years each. Rental terms are indicated in Section 3 of the lease. All costs associated with the construction of the hangar and the approach is the responsibility of the lessee. Plans and specifications have been approved by proper City staff. The plans must meet all Federal Aviation Administration guidelines and local building requirements. The lessee is required to provide the City with commercial general liability insurance coverage in the amount of$300,000 for bodily injury and $100,000 for property damage and require to indemnify and hold the City harmless for any cause arising from the use or occupancy of the leased area. 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 execute Ground Lease Agreement between the City of Beaumont and Steven Cary to lease property for the construction of a personal aircraft storage hangar at the Beaumont Municipal Airport for a twenty (20) year term commencing on February 1, 2022 and ending on January 31, 2042 with the option of two (2) renewals for a period of ten (10) years each. The Ground Lease Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2022. - Mayor Robin Mouton - • STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § GROUND LEASE AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Beaumont, Texas a municipal corporation, hereinafter called "Lessor," and Steven Cary s hereinafter called"Lessee." Lessor and Lessee, for and in consideration of the rents, covenants and agreements herein contained,mutually covenant and agree as follows: 1. LEASED PREMISES 1.1 Lessor leases to Lessee and Lessee hires from Lessor, for the purposes of constructing and operating Aircraft Storage Hangar as provided herein and for no other purpose, those certain premises located on the Beaumont Municipal Airport in the County of Jefferson, State of Texas, containing 6,000 square feet of land, and being more particularly described in Exhibit"A" attached hereto and made a part hereof. 2. TERM 2.1 This lease shall be for a term of twenty(20)years, referred to as the "lease term," commencing on the day of , the "effective date," and ending on the day of ,2042; subject, however, to earlier termination as hereinafter provided. 2.2 This lease shall terminate and become null and void without further notice on the expiration of the term specified, and any holding over by Lessees after expiration of said term shall not constitute a renewal hereof or give Lessee any rights hereunder in or to the leased premises. 2.3 This lease may be renewed for two (2) ten-year terms, beginning February 1, 2042,with the written approval of the Lessor and the Lessee no less than thirty days prior to the end of the current term. EXHIBIT "A„ 3. RENT 3.1 Lessee agrees to pay Lessor as rental for the use and occupancy of the leased premises the following sums, subject to adjustment as hereinafter provided: twenty-five cents ($.25) per square foot per year, payable in advance on or before the 1st day of January of each year during the term of this lease. The minimum annual during the term of the agreement shall be one thousand, five-hundred dollars ($1,500.00). 3.1.1 For the sixth (6th) through tenth (loth) years of the term hereof, the annual rental shall increase to thirty cents ($.30)per square foot per year. 3.1.2 For the eleventh(11th)through fifteenth(15th)years of the term hereof,the annual rental shall be increased to thirty-five cents ($.35) per square foot per year. 3.1.3 For the sixteenth (16th) through twentieth (20th) years of the term hereof, the annual rental shall be increased to forty cents ($.40)per square foot per year. 3.2 All installments of rent hereunder,when and as the same become due and payable, shall be paid to the City of Beaumont, Cash Management, P.O. Box 3827, Beaumont, Texas 77704, or to such other office or officer of Lessor as the City Manager may designate in writing in advance. 4. CONSTRUCTION BY LESSEES 4.1 Lessee shall be required to erect on the leased premises permanent Hangar(s) containing a minimum of 3,900 square feet of space and paved driveways accessing taxiways. Lessor shall have the right of reasonable approval of plans and specifications for the construction of said building and appurtenances. The building and its appurtenances shall be constructed in accordance with all applicable city, state and federal laws, ordinances, rules and regulations. 4.2 Lessees shall comply with the following construction schedule: 4.2.1 Within one (1) month from the effective date of this agreement, Lessees shall furnish the City Manager or his designee detailed plans and specifications for construction of the building and its appurtenances. The 2 City Manager or his designee shall approve or disapprove same. The City Manager or his designee may not unreasonably withhold his approval of the construction plans and specifications. If the City Manager or his designee disapproved the construction plans and specifications, he shall provide lessees a written statement of reasons for this disapproval. 4.2.2 Within two (2) months from the effective date of this agreement, Lessees shall commence construction of said building under a general construction contract requiring completion within twelve (12) months of the date of execution of this agreement. 4.3 No structure, or other improvement, shall be placed on the leased premises which does not comply with the plans, specifications and locations approved by Lessor. Lessees shall make no material addition to or alteration of any structure erected on the leased premises unless and until plans and specifications of the proposed addition of alteration shall have first been submitted to and approved by the City Manager or his designee. 4.4 Construction shall be performed by a contractor(s) licensed by the City of Beaumont to provide the required services. All construction shall adhere to all appropriate federal, state and local laws, regulations, standards, codes ad ordinances. 4.5 The approval by Lessor of any plans and specifications refers only to the conformity of such plans and specifications to the general architectural plan for the leased premises and such approval shall not be withheld unreasonably. Such plans and specifications are not approved for architectural or engineering design and Lessor, by approving such plans and specifications, assumes no liability or responsibility for any structure constructed from such plans or specifications. All plans and specifications must be submitted to the City's Building Code Enforcement Division for review and approval. All applicable permits must be obtained. 5. TAXES 5.1 In addition to the rental, Lessees shall pay and discharge all taxes, general and special assessments, and other charges of every description which during the term of this 3 agreement may be levied on or assessed against the leased premises and all interests therein and all improvements and other property thereon. Lessees shall pay all such taxes, charges and assessments to the public officer charged with collection thereof before same shall become delinquent, and Lessees agrees to indemnify and save harmless Lessor from all such taxes, charges and assessments. 6. UTILITIES 6.1 Lessees shall pay all charges for water, heat, gas, electricity, telephone, sewers, and any and all other utilities used on the leased premises throughout the term of this lease, including any connection fee and pro-rate charges. 7. USE OF PREMISES 7.1 Lessees shall use the leased premises only for the storage of personal or business aircraft. No other use is permitted without the prior written consent of the City Manager of his designee. The sale or use of alcoholic beverages is prohibited without the prior written consent of the City Manager of his designee. Additionally, Lessees will be allowed to sublet the premises,subject to approval by Lessor. Approvals required hereunder will not be unreasonably withheld. 8. ENCUMBRANCE OF LEASEHOLD ESTATE 8.1 Lessees may, at any time, encumber the leasehold interest, by deed of trust, mortgage, or other security instrument, without obtaining the consent of Lessor, but no such encumbrance shall constitute a lien on the fee title of Lessor, and the indebtedness secured thereby shall at all times be and remain inferior and subordinate to all the conditions,covenants, and obligations of this agreement and to all rights of Lessor hereunder. 8.2 If at any time after execution and recordation in Jefferson County, Texas, of any such mortgage or deed of trust, the mortgagee or trustee therein shall notify Lessor in writing that any such mortgage or deed of trust has been given and executed by Lessees, and shall at the same time furnish Lessor with the address to which it desires copies of notices to be mailed. Lessor hereby agrees that it will thereafter mail to such mortgagee or trustee, at the address so given, copies of any and all notices which Lessor may from time to time give or serve upon Lessees under and pursuant to the terms and provisions of this agreement. 4 8.3 Any lender on the security of the leasehold shall have the right at any time during the term of this agreement: 8.3.1 To do any act of thing required of Lessees hereunder and all such acts or things done and performed shall be as effective to prevent a forfeiture of Lessee's rights hereunder as if done by Lessees; and, 8.3.2 To realize on the security afforded by the leasehold estate by foreclosure or power of sale or other remedy afforded at law or in equity or by the security documents and to transfer, convey, or assign the title of Lessees to the leasehold estate created hereby to any purchaser at any such foreclosure sale, and to acquire and succeed to the interest of Lessees hereunder by virtue of any such foreclosure sale. 9. REPAIRS AND RESTORATION 9.1 Lessees, at Lessees's own cost and expense at all times during the term of this lease, agrees to keep and maintain, or cause to be kept and maintained, all buildings and improvements which may be erected on the leased premises in a good state of appearance and repair,reasonable wear and tear expected. Improvements are to include driveways, constructed ramps or taxiways on or off of leased premises to provide access to public taxiways. Failure to maintain the buildings and improvements in a good state of appearance and repair shall be considered a default in the performance of the agreement and remedied as in accordance with the provisions of this lease. 9.2 The determination of whether the buildings and improvements are in compliance with the maintenance requirements of this provision shall be the sole discretion of the Lessor. 9.3 In the event the building or any building or improvements thereafter constructed on the leased premises is damaged by fire or any other casualty, the Lessees shall have the option to: 9.3.1 Repair, reconstruct or replace the damaged building or improvements, with reasonable diligence, so that the building, to the extent originally 5 constructed by Lessees, is restored to substantially the condition it was in prior to the happening of the casualty; provided, however, that if the commencement,construction,or completion of said repair,reconstruction, or replacement work shall be prevented or delayed by reason of war, civil commotion, acts of God, strikes, governmental restrictions or regulations, or interferences, fire or other casualty, or any other reason beyond the control of lessees, whether similar to any of those enumerated or not, the time for the commencing or completing, or both, of the construction of said building, as the case may be, shall automatically be extended for the period of each such delay. 9.3.2 Remove all structures, improvements, debris and remains and return the leased premises to its original condition within thirty (30) days of the casualty. If the leased premises are not returned to its original condition within the time specified, Lessor may remove or cause to be removed any remaining structures or debris and return the leased premises to its original state. All costs shall be borne by the Lessees. In addition, the lease shall terminate with no prorate return of any rentals paid. 10. LIENS 10.1 Lessees shall not suffer or permit any mechanics' liens or other liens to be filed against the fee of the leased premises nor against Lessee leasehold interest in the land nor any buildings or improvements on the leased premises by reason of any work, labor, services, or materials supplied or claimed to have been supplied to Lessees or to anyone holding the leased premises or any part thereof through or under Lessees. 10.2 If any such mechanics' liens or materialmen's liens shall be recorded against the leased premises, or any improvements thereof, Lessees shall cause the same to be removed or, in the alternative,if Lessees in good faith desires to contest the same,Lessees shall be privileged to do so, but in such case Lessees hereby agrees to indemnify and save Lessor harmless form all liability for damages occasioned thereby and shall, in the event of a judgment of foreclosure 6 on said mechanics' lien, cause the same to be discharged and removed prior to execution on such judgment. 11. INSURANCE AND INDEMNFICATION 11.1 Lessees shall indemnify,defend,and hold harmless Lessor,its officers,agents and employees from any and all liabilities, demands, actions, losses, damages and costs, including all costs of defense thereof caused by or arising out of, or in any way related to Lessees's use or occupancy of the leased premises or occurring on the leased premises during the term of the lease or caused by, arising out of, or in any way related to operations conducted by Lessees including claims, liabilities and actions based upon acts, omission, or negligence of the Lessor, its officers, agents, and employees. Upon demand, Lessees shall, at its own expense, defend Lessor, its officers, agents, and employees, through counsel acceptable to Lessor, against any and all liabilities, claims, demand, actions, damages and costs. 11.2 Lessees shall purchase and maintain in full force and effect insurance as provided herein, with the City of Beaumont as a named insured. A certificate of insurance, or a copy of the insurance policies,shall be furnished to Lessor and shall provide that the Lessor shall receive ten days' prior written notice before any change or cancellation of any policy. The limits established herein may be modified by prior written consent of the City Manager or his designee and shall be increased if the Lessor's standards are amended to provide increased limits. COMMERCIAL GENERAL LIABILITY COVERAGE: Bodily injury (each accident): $300,000.00 Property damage (each accident): $100,000.00 12. SUBLEASES 12.1 Lessees may not sublease or assign any portion of the agreement or any of the premises leased to Lessees, nor shall a foreclosing trustee, lien holder, or mortgagee do so, to any other person, firm, or corporation without the prior consent, in writing, of Lessor, which consent shall not be unreasonably withheld. 7 13. DEFAULT AND REMEDIES 13.1 Should Lessees default in the performance of any covenant, condition, or agreement in this lease, and such default is not corrected within ten (10) days after receipt of written notice from Lessor to Lessees and any lender as required by Section 8, Lessor may declare this lease, and all rights and interests created by it, to be terminated. Upon Lessor electing to terminate,this lease shall cease and come to an end as if that were the day originally fixed herein for the expiration of the term hereof, and including payment of ground rental beyond that date. Upon such event, Lessees must remove building and improvements constructed and return the leased premises to its original condition within thirty (30) days. Failure to so remove the structure and improvements results in the Lessor's right to obtain possession and ownership of the building and improvements. Lessor, its agent or attorney,may resume possession of the premises and by such action obtain ownership. The building constructed on the leased premises and may at its option relet the same for the remainder of the term. 13.2 Any termination of this lease as herein provided shall not relieve Lessees from the payment of any sum or sums that shall then be due and payable to Lessor hereunder, or any claim for damages then or theretofore accruing against Lessees hereunder, and any such termination shall not prevent Lessor from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Lessees for any default thereunder. All rights, options,and remedies of Lessor contained in this lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Lessor shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law,whether or not stated in this lease. No waiver by Lessor of a breach of any of the covenants, conditions, or restrictions of this lease shall be construed or held to be a waiver of any succeeding or proceeding breach of the same or any other covenant, condition, or restriction herein contained. 14. GENERAL PROVISIONS 8 14.1 Lessees may not conduct any other aeronautical within or upon the leased premises without the prior written consent of the City Manager or his designee. 14.2 The Lessees for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: 14.2.1 No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 14.2.2 That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in,denied the benefits of, or be otherwise subjected to discrimination. 14.2.3 That the Lessees shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said. Regulations may be amended. 14.3 That in the event of breach of any of the preceding nondiscrimination covenants, Lessor shall have the right to terminate the license, lease, permit, etc., and to reenter and repossess said land and the facilities thereon, and hold the same as if said lease had never been made or issued. 14.4 During the time of war or national emergency,Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, and, if such lease is executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. 14.5 No right or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on the Airport from performing any services on its own 9 aircraft with its own regular employees (including but not limited to maintenance, repair, and fueling)that it may choose to perform. 14.6 It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right forbidden by Section 308(a) of the Federal Aviation Act of 1958 or for aeronautical activities. 14.7 Lessor reserves the right,in a reasonable and nondiscriminatory manner,to further develop or improve the area of the Airport as it sees fit, regardless of the desires or views of Lessees and without interference or hindrance. 14.8 Lessor shall have the right, but not the obligation, to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of Lessees in this regard. 14.9 All hangars, buildings, properties or land on the Airport, shall be maintained in a clean,attractive,weed free,well-painted,junk free condition. Lessor shall ensure that all debris and trash are removed from within and around the leased premises in accordance with all applicable laws or requirements. Lessor is responsible for providing proper trash receptacles and storing such within the hangar. Lessees shall not allow the accumulation of materials, goods, trash or equipment around the exterior of the hangar. Lessees shall maintain cultivated areas in accordance with airport regulations. 14.10 Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstructions together with the right to prevent the erection of any building or other structure on or adjacent to the Airport which would limit the usefulness of the Airport or constitute a hazard to aircraft. 14.11 This agreement shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States, relative to the operations or maintenance of the Airport. 14.12 Incorporated into this agreement, by reference and as though set forth herein verbatim, are the Minimum Standards and Requirements for the Conduct of Commercial 10 Aeronautical Services and Activities adopted by the Lessor. Such minimum standards shall be lawful, reasonable and nondiscriminatory. Further, all parties hereto agree to comply with all rules and regulations of the Federal Aviation Administration and the laws of the United States of America, the State of Texas, and all laws, regulations, rules and ordinances of the City of Beaumont as they now exist or may hereafter be enacted or amended, and will not permit the premises covered by this agreement to be used for any unlawful or improper purpose. 14.13 The standards and regulations enacted by the governmental agency responsible for the operation of the Airport,now or in the future, may provide for use charges to be paid by those using, occupying, or conducting operations at the Airport. Such charges may be based upon square footage,receipts or other reasonable basis,to be established by such standards and regulations. Lessees agrees to pay such charges as same are due and owing under any such standards or regulations now or hereafter in effect. Any such use charges shall be lawful reasonable and nondiscriminatory. 14.14 Lessor may, on account of the breach of any provision hereof, including the standards and regulations incorporated herein by reference, terminate this agreement and eject the party in violation in accordance with the provisions of this lease. 14.15 The purpose of the lease and the operations to be conducted by Lessees or sub- leesses, and the identity of the premises to be occupied, are set forth in this lease. No other operations, business, or occupancy may be had or done without the additional written consent of the Lessor. 14.16 It is mutually understood and agreed that nothing in the agreement is intended or shall be construed as in any way creating or establishing the relationship or partners or co- partners between the parties hereto, or as constituting the Lessees as an agent or representative of the Lessor for any purposes or in any manner whatsoever. 14.17 Lessees shall permit Lessor's agents,representatives, or employees to enter on the leased premises for the purpose of inspection,to determine whether Lessees in compliance with the terms of this lease, for purposes of maintaining, repairing, or altering the premises, or for the purpose of showing the leased premises to prospective Lessees, purchasers, mortgagees, or beneficiaries under trust deeds. 11 14.18 No waiver by Lessor of any default or breach of any covenant, condition, or stipulation herein contained shall be treated as a waiver of any subsequent default or breach of the same or any other covenant, condition, or stipulation hereof. 14.19 This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder is performable in Jefferson County, Texas. 14.20 In case anyone or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof and this agreement shall be construed as if such invalid,illegal,or unenforceable provision had never been contained herein. 14.21 This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 14.22 No amendment, modification, or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto. 14.23 Lessees shall not erect,paint or place any exterior signs on the leased premises or the structure placed thereon. 14.24 Only aircraft may be stored in Hangars. No other non-aeronautical equipment, combustible products, or items may be placed there for use or storage. 14.25 Lessees are granted the right to operate from temporary facilities on the leased premises pending occupancy of his permanent structure. 15. OWNERSHIP BUILDING 15.1 Lessor, upon expiration of the term hereof or upon earlier termination of this agreement as provided herein, shall remove or cause to be removed the existing structure and any improvements from the leased premises and return said leased premises to its original 12 condition within sixty (60) days. Lessee may negotiate a group lease renewal for the leased premises. Although, the Lessee is not obligated to enter into any subsequent agreement. 16. APPROVAL OF FAA 16.1 The parties recognize that location of Lessee's operation may require amendment of the airport master plan and approval by the Federal Aviation Administration and the Texas Department of Transportation. Lessor agrees to make such amendment as may be necessary and to submit same to said agencies for approval. This agreement is contingent upon such approval, and in the event the amendment shall not be approved,this agreement shall terminate and both parties shall be released from all obligations herein contained. 17. NOTICES 17.1 All notices provided to be given under this agreement shall be given by certified mail or registered mail, addressed to the proper party at the following address: LESSOR City of Beaumont Finance Department 801 Main St, Ste. 320 Beaumont, Texas 77701 LESSEE 13 EXECUTED this day of , 20 . LESSER: CITY OF BEAUMONT By: By: Attest: Kyle Hayes, City Manager LESSOR: Attest: By: , Owner 14 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak,Public Works &Technology Director MEETING DATE: January 11, 2022 REQUESTED ACTION: Council consider a resolution authorizing the execution of a Restrictive Covenant with Texas Commission on Environmental Quality(TCEQ) and Enterprise Logistic Services, LLC. BACKGROUND On April 7, 2015, City Council approved Resolution No. 15-062, on December 15, 2015 City Council approved Resolution No. 15-285 and on November 8,2016 City Council approved Resolution No. 16-227 authorizing the execution of a License to Encroach Agreement with Enterprise Logistic Services, LLC to install ground water monitoring wells onto City-owned property identified as being Fire Station No. 5 located at 6375 Walden Road. In order to confirm and assess chemicals of concern in the soil and groundwater,these monitoring wells were needed to completely delineate the impact of chemicals of concern in the groundwater. Enterprise Logistic Services, LLC remediated the groundwater after conducting semiannual sample tests. As part of the TCEQ Texas Risk Reduction Program, a Restrictive Covenant must be filed to provide information concerning certain environmental conditions and use limitations found at 30 Texas Administrative Code(TAC), Chapter 350 as it affects city real property located at 6375 Walden Road. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on April 7, 2015, the City Council of the City of Beaumont, Texas approved Resolution No. 15-062 granting Enterprise Logistic Services, LLC a License to Encroach into city-owned property at 6375 Walden Road, which is the location of Fire Station No. 5, which described as being in the northeast two hundred by three hundred forty fee (fronting 200.0 feet on Walden Road and extending back in depth 340.0 feet) of Lot 16, Block 3, C.E. Smith Subdivision, to the City of Beaumont. The encroachment being a proposed two inch (2") diameter ground water monitoring well overlapping onto city-owned property as described in and shown on Exhibit"1," attached hereto and made a part hereof; and, WHEREAS, on December 15, 2015, the City Council of the City of Beaumont, Texas approved Resolution No. 15-285 granting Enterprise Logistic Services, LLC a License to Encroach into city-owned property at 6375 Walden Road, which is the location of Fire Station No. 5, which is described as being in the northeast two hundred by three hundred forty feet(fronting 200.0 feet on Walden Road and extending back in depth 340.0 feet) of Lot 16, Block 4, C.E. Smith Subdivision, to the City of Beaumont. The encroachment being a proposed two inch (2") diameter ground water monitoring well overlapping into city-owned property as described in and shown on Exhibit "2," attached hereto and made a part hereof; and, WHEREAS, on November 8, 2016, the City Council of the City of Beaumont, Texas approved Resolution No. 16-227 granting Enterprise Logistic Services, LLC a License to Encroach into city-owned property located approximately ten feet (10') north of Walden Road, approximately 0.5 miles west of Interstate 10, located across from Fire Station No. 5 located at 6375 Walden Road, which is described as being in Block 4, Tract No. 2 and Block 4, Tract No. 4 of the T.H. Langham Subdivision, to the City of Beaumont. The encroachment being two (2) proposed two inch (2") diameter ground water monitoring wells overlapping onto city-owned property as described in and shown on Exhibit "3," attached hereto and made a part hereof; and, WHEREAS, in order to confirm and access chemicals of concern in the soil and groundwater, these monitoring wells were needed to completely delineate the impact of chemicals of concern in the groundwater; and, WHEREAS, Enterprise Logistic Services, LLC, remediated the groundwater after conducting semiannual sample tests; and, WHEREAS the Texas Commission on Environmental Quality (TCEQ) Texas Risk Reduction Program requires that a Restrictive Covenant must be filed to provide information concerning environmental conditions and use limitations found at 30 Texas Administrative Code (TAC), Chapter 350 as it affects city real property located at 6375 Walden Road; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute a Restrictive Covenant between the City of Beaumont Texas and Texas Commission on Environmental Quality (TCEQ) Texas Risk Reduction Program to provide information concerning environmental conditions and use limitation found at 30 Texas Administrative Code (TAC), Chapter 350 as it affects city real property located at 6375 Walden Road. The Restrictive Covenant is substantially in the form attached hereto as Exhibit "4" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2022. - Mayor Robin Mouton - RESOLUTION NO.15-062 WHEREAS, Enterprise Logistic Services, LLC has requested that the City of Beaumont grant a License to Encroach into city-owned property at 6375 Walden Road, which is the location of Fire Station No. 5, which is described as being in the northeast two hundred by three hundred forty feet (fronting 200.0 feet on Walden Road and extending back in depth 340.0 feet) of Lot 16, Block 3, C.E. Smith Subdivision, to the City of Beaumont. The encroachment being a proposed two inch (2") diameter ground water monitoring well overlapping onto city-owned property described in Exhibit "A" and shown in Exhibit "B," attached hereto and made a part hereof for all purposes; and, WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachment upon the City easement and utilities therein; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; NOW, THEREFORE, BE IT RESOLVED BY THE • CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in . all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute a License to Encroach with Enterprise Logistic Services, LLC to encroach into city-owned property located at 6375 Walden Road, which is the location of Fire Station No. 5, which is described as being in the northeast two hundred by three hundred forty feet(fronting 200.0 feet on Walden Road and extending back in depth 340.0 feet) of Lot 16, Block 3, C.E. Smith Subdivision, to the City of Beaumont. The encroachment being a proposed two inch (2") diameter ground water monitoring well overlapping into city-owned property, as EXHIBIT "1" • described in Exhibit"A"and shown in Exhibit"B,"attached hereto and made a part hereof for all purposes for a one-time fee of Five Hundred Dollars ($500.00) for the License to Encroach. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of April, 2015. _�4���\v►�v�Z RAPUMIDA r i 1/124,01)&211,A • • yor Bec 'Ames L 13rAur1Q,4r;;7r< �'.'1 • • LICENSE TO ENCROACH STATE OF TEXAS X ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X • On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" or"City" and Enterprise Logistics Services LLC, a Texas Limited Liability Company, herein called "Licensee,".contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this • license agreement) described as follows: Monitoring Well — encroaching on the City's property located at the address locally know as 6375 Walden Road, Beaumont, Texas, which is the location of Fire Station #5, and more particularly described as: The northeast two hundred feet by three hundred forty feet (fronting 200.0 feet on Walden Road and - • • extending back in depth 340.0 feet) of Lot 16, Block 3 of the C. E. Smith's Subdivision to the City of Beaumont, Jefferson County, Texas, as shown on the map or plat of record in Volume 1, Page 86 of the Map Records of Jefferson County, Texas. (Hereinafter referred to as the "Subject Property.") Said encroachment is shown on Exhibit"A", attached. • NOW, THEREFORE, Licensor hereby grants to Licensee a Icense to occupy and use the • Subject Property for the purpose of installing a groundwater monitoring well, subject to all of the terms and conditions hereof. Licensee shall notify 811 forty-eight (48) hours prior to any excavation at site of encroaclmient. Licensee shall notify the Water Utilities Project Manager at (409) 785-3017 for utility locates forty-eight (48) hours prior to any excavation. Licensee shall maintain a minimum of ten (10) foot separation between the water mains and the monitoring wells (OD to OD). Licensee shall maintain the said monitoring wells in a good and safe condition as may be required to protect the public from injury or property damage. Licensee shall upon completion of remediation activities, properly close said groundwater monitoring well, with plans subject to approval of the City of Beaumont Water Utilities Department. After three (3) years from the date of this agreement, Licensee shall notify.Licensor of their intent to continue using the monitoring wells. Such notice would be sent to the Director of Public Works, City of Beaumont,P.O. Box 3827, Beaumont,Texas 77704. Subject Property may continue to be occupied and used by Licensee solely in connection with the Monitoring Well and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Page I of4 EXHIBIT"A" • The parties understand and agree that the City will continue to use the Subject Property for the purpose for which the City owns the property. If requested by the City, Licensee, at no cost to the City, will adjust,modify or alter its use of the Subject Property in order that the City's use of the property will not be impeded. The City's determination that Licensee needs to adjust its use of the Subject Property, as called for in this paragraph, shall be made at the City's sole discretion. • Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction, or improvement of a structure, the cost of which equals or exceeds twenty-five percent (25%) of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont,by resolution of the City Council, determines it needs the Subject Property,or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit,loss of access, or otherwise. Licensee shall at all times indemnify and bold harmless Licensor and any franchised entity of Licensor against, and pay in full, for all claims, losses; damages, law suits, attorneys fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from Licensee's encroachment on the Subject Property through the construction,maintenance,use,state of repair, or presence of such encroaching structure. • • Licensor, and any franchised entity of Licensor,reserves the right to make improvements, perform maintenance and construction to the Subject Property or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community, as determined by the City, in its sole discretion, In doing so,Licensor and any franchised.entity of Licensor shall not be liable to.Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or Iand caused by the removal or alteration of any encroachment. In addition, Page 2 of 3 Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be responsible for any damages to the structure if the sewer main should:ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). Said sum being non-refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County,Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty(30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. Licensee's obligations to indemnify and hold harmless the City and its franchisees shall survive the termination of this agreement. This Iicense is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves, through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Enterprise Logistics Services LLC at 1100 Louisiana Street,Houston,Texas 77002. IN WITNESS,WHEREOF,the parties hereto have executed this agreement as of the day of ,2015. LICENSOR: LICENSEE: Enterprise Logistics Services LLC CITY OF BEAUMONT • By: By: Kyle Hayes City Manager Printed Name: Title: Pngo 3 of 4 • ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X • • This instrument was acknowledged before me on the . day of 2015,by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas • STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the_day of , 2015,by of Enterprise Logistics Services LLC. Notary Public, State of Texas • RETURN TO: City of Beaumont Antoinette Hardy-Engineering • P. O.Box 3827 Beaumont,Texas 77704 • • • Pap 4of4 • • • • • r -�'�',q C�*�J'R i»�?`- �F,w!",S (?6 r'£%" :Y:;,:'.-e.4dus.r. - y . $51-.,�y•,i,r.:"C's`C�� -'r; ;'rt ,-;,. 4.j1-4ea•::a,;,"t,-; _:r-� 4,� lr,...,.. - ,,,,, i5,g",�k}Y' l,3-.• ,7,. -err ' 7':i:.,,,..„.t :, t'tia 't_ ,„,, , J;'?, 'T,emay :`4� --i .,. r -.f::,2� i ,T, ...,gip^ :... ,_ =.. :,....6%-" ''-:.y•;'.=:r t .4'." . '',' ,.` a•' 'r;, LEGEND rr ..� 11 `•,.i!;F+ ..• . ..,.::'�.-..�^.!-. .. .r�.., r:=. ..:...:...s•-i.,:'�u ."�✓ 1'•'•:' • _ - - + :��,5:-_.'s - '�i':;'"-1t l PROPERTY BOUNDARY �f'+ .ij P f w'y��+�._...1.� � � � }Jr-tiyy Ci.' , v� f�'4 ��„yT' r.f 4 f�•p:i t' ... .�'i' • •... ,! vS ; ' w^w•.: _-°'ate'- -+.. _ Ff� 1 ` k'` ,t v✓• � _ 3.trs+t 3.'.rw� ",,, 1 'f�h,k, ..r }3 PROPOSED MONITORING WELL Ire..-- _i" .".- ^S ,_,•% _ .-• ' -_,., 'J'_ ', , 'T� ,..Ja J's`. . •.b'S y :.•, -F': . ty',J••,,,S+_-. t •• --;'+iVs 'L+ 3t n:^,•4,.. ? •s Y.•�;' • .s r. s"=�::�s...-"�•• �w+� .-, � :,'emu Tc,s... _ w a. i a • ;:" ,.ry ,,. WALDON.ftOAD - �.5,f.. �+ R.'- ,.a 5• nT��•• - ' 1'-1v. ��f'j.r_ tiA`y� 'f� _•x+=+�:�•+y.,=:;C"- 1t�t }. �• 1. �:�. .• i-. .'.�`'•''..•v • µ'„ �i- ,<n li•"T^..S;�i`' I.a,,a-�• 1� r:T2{�. ,'.4, L •••g rA',..-',11 U:},..•7, r.{f , ...LM1`Y.c a7k.,..I r, .;.. •; .. :3- r ',r:, 'ia'':;-% .1` ir...•,'.�1t 1' t? .p:.,.++t:.: .. /."'=1 . �� ',- E!;'. �_,- ill * :... I�-_�.. ",I'f-icel-,..1.," I ,..1 ., .�_ ` : _'.f f:,l.;zf' - �, 5e Pi f��` .:},`i;. e :x>r°. �::.�.�`xj -••- -'�.`,•.:--'.-�•}`•,•'--�'. `i,� ,. ,?a.i�t7 :i :.. g`' ,;�• -~.+ :,d -.L.,'V • Z'•t;i�rrt^�i^•'Y:i_�.:h.*,,�ri:_.•i;c�1: •� � rr"�r�'a� {.,v+ -T=: 'c`''�.• t.•7rt•S:_: _+ ' . � y L fy-•,.7. c f 7. r ---j;? •? {, rk,f-,fy4 F_. 1. .'t:�i +';::::'y">; ++ ', Y i � � - t - `fit' %:.;:' •':1•7.4'`;.1 (4,.i_ . - .y "t- E ,"t' :4 �C �fjlky'. .,7' i,;..- ;fL.-Fk;•-:,F`.1 '1,�•.? r,„:,:1F2 4'�•-��-� A .... -`f +7 -_ :G - �0r':. •f k*{• - "•'.:L r� ' GYM �CrT S" = 7��•'�,•.�•Fy��i.' ✓��--• * v�. �`Si `5__3LYrr:+.:• p '.-,.L,,)^ ,f c_'.: -i� .:;°.(a' ' -1-;F'' :y,,,,, _:�-2.' i-' .,�s F,,.'-•' 1 6 a A["t p - -1 - - ;+�Ti{•"� ` �C �., -:�' '''u'F. W-- a •:- .,i^ •-" .. :_�"Y.•i• Gf . ' ; i• _ .?4 �Xaz N.Y�, �,, yyS� ~• J•_ yr--'-,..•.7•%= ''•-'t1;"'%,'.. :`,P.tZO# ,ff::_.t.� i , ,j jlin'••Ee' t _^ ]r ,t,,.- ter__ ,�'` .NtONR,ORINGEkL' :.�.. _ L• •R '^= r S 1 - ,,-� • �.i•%' 4!.'.'t i'u=ro}^•▪ 74,a T_:r'•,. "i .i't'_' ,,,•.. !. r7..- 6 6 G 6 G - y �� 'r Y '�'v. +�cy�e . 'r' '�fT`,J�. +i' :a n .i .,- P p f• f 1a .fS i:,'''. ,%r'=' .t,i-ter. v: : .1,01 ¢� • i=n 1.. .L•, S {; -'-; i. - ;.,,,,, • '`s j.. «:,:y'•! ,.' •�,t - ,,?.s. y•<:' tit'- .i�:��t? .53. _• F. a .�( y'" = -.'„�::•,' 'Yx L 'fi`v 1 L-r.• tF'`;. 'f�'7. 'I�4�7" l t t' �:- a'•--0 .. +' • p• '" +',y':`.j$: `ri•E"� te r _. {��j .•� }` _ i J.!"3..rsid' .f.fr-1,..s fir" t , i s `• }�i,,:X^. i' `tom' .. ��a - •c'` �* t `F� �r-,r. r. . ,: 74,:• '.. � Apex TITAN,Inc. is •t: ji x VS,"_•c-: ,4:14,' L.,:F47%,,,.i:•. .&.:-t+ -S . R� ar;� ` i. Dirk, , ,' : �`4{ 'tic`.' fro e,++.ar sn«f,aa.lm • wt +raft"!. S1Ta ram, •tr' ` t , f ,y•4 .1. ^ i"� - # F �� c"'�9ra.f7}7 kr.:.�Y•'1-3�:Le. ;E?. •:•0{ S' .-.f .4 • .- ;L ;SLY `�. • ._$,?a .' » �m.ia�r •fovww+a uc %c'c- ;,;T .p � ri0fFx.-K 5.�`..: wt, ��'' ? 1 S 1 1 ••r 7 �,�5.�,!'.. t �;�:r• d •'co•. .- =" ,;-.a f�t-v t tiy..�.�;.., .4 1 .f:.�,:�.. :ramF. - '':•c•• :,•.,aaya•. -''.'r:, .,_,•.':,PE _ 7'..L.• - � & 6 R ma�,4 }�'• & •1". _ - 5 . 4. .55.;;r:. t 'a. F,' -:�..•""Este rise i,. d _ , - , �pf' , 1'. , ,„. wq+ _ • • :t .".,r' .: tP �rminalS�NiCCSLLC i.° S: !. •.. ,i• ',t•f'. k�r ' �k�•f '° _ 1A• 'l ,A �•..td ¢� tt n:••[[[[��...' Fi'cii� I i',l`•tr Y . `. -�LrA[.I• - • "f;''., -.-:.-•J- C Road ;, j r• •1.. -"_ 6355Wa1d Walden 4' ,�.• �� %.T , ': _ �}.-.5?;' - .,� L �� �•f �;5,t •S.'•'..1. 7' umotlt,TP�ms ••i"'� `J'�e.: � 7 vN �y"•...'' ''r-.f ecs."ia ::,, ta..�•'_a ,..a: il�••' .. . - n_ ��'•:�:i,. ,y + f,`#I :4L '1 - a � ..T.F., 't.,,,i.`3 ...-4..�. awc-, -tS',x•-- r�:.. - • . ems.-:s. ";n •>v '.T'�• • 0-_ ' .. U 47.694121N.-103:759273W ,t+Y.;.ik.�*..�, .y e A%f.a• 1}' .c-. t '}..'r it 1..•:h. I •s..t1� :4 •t5•w •. 3�. �., 1E-4••?:,•:-.lei 1- _ ;• .Ri. ti ,7" ,y�S ' :. ''.y�Ly.,.} °•i. Q.'4 C^+?�" '2�. '.A7�4.:'� •� %s:'+`' hi .':'• at.�_3.;c `,fir'• -,. 7g+3,:',7 , .}� Ctrs,-. h p}ynT 7 v am,+_' •...,..,/, r,... ,- =,,+e '•.^+hlf}R.='.• ,,:;.�; `•-, i} :�' „�, ,,, ,. .k�;�.y..yy;:r. .e, .��1 _,�.t _ .',,°�_-`��-::'cS '1i,}:,'� .•t�'t.+, ty'�"i.`•:'= '.4r' •;,c :'�•.§.; r.ri.:.d'4 • .,,, - 4 ..�1'. r+ti.; :::f-' :�e• . _ ' •'i,: ._4 r..f PfojectNo.701D213G020 ^='8�}�'' -aytii-1,.. � _ !•"•Y- �7. '-'a ->4,�'.'7�..n �" r. v� •• �:�y;; 'c'; s'`-'U`'. i:4, n s' '`' '= ?: n.'-•':c. r7. ,.tri.r:.;-.."-•=t4L. i.;s ':i'': 0' �t P i!f{ r ''''',aI :v 3..1 rrn. 7 }, .,„' .,..a.-. t--..1. se,� V":,,. Z.K"r.'- ..• a 'f'. s.i; .•t�ti -.•'j--•'` t w'Y'"..., . '• �7,.M. ' ` 'r 'cg-s "'-'.e „..,'"?. f`�'`-`' �,> ,z t•.X•,:ir,>•.rY ., -.,...,y''tC: ? �?�y f"�r'. r.. �,,3]' ,��! -• � .�,�s•, ,sli i,`��-l; G'• +�r',•r'?yi�. :N �.'.h',..'�i�y��`,{�• � �y,>�c�•.-.,Yr q .�.rr- i'�'C7. ia, ...r. ,. _"_ u:i' "/', Tr'; _ :� y.. . ,3- �t.,,e.,.+ L_!r i• ::-' 5, '•+»Y B • ,..F.4`.'• .P%.?.S. . ,,!...� xt FIGURE 7 � :,ray ..:i�.•,�: :s:.�L'rf n.s .r�:�,7.. i:• '. +w,'.5'3.. i'? .S}, ..;, >v. a. ��.: :w b,-•► ,�-... _ .:•• :..�.-'�.`�: ��-yr}'.. w ' _ �, * ;a� s° Off•3ke Monitoring cm fir. _,r•,S mil•'•• r_. YXi- 'n. .,t.'i .f" r. •i. :.' ::; ,+rf i".-_ P..,...^•... �.,. �•,.'4 •k" '- 3, - �•,a ,., ,.*. .4,., .: :?.• :,. .,;:, .,t44 K.,• 'fY.q, •1: .. •7si F Well I.oeaU 'r' •w•�'=� ;�: ,! '�' �°• - •� ;. f; .:�. ,;y,+.,•,:trr '' :a;�:r';,+i`� ;�q .s��;:;:g3�� s.r�'''�"- 0°•1,;��,�pa' ...'x.,,,ff:?r'e<•';;•:�";�'. _ . •.Y __ `5� __ x ',l ,�.�y ' .c•'? :1:'r,..y :.F1', ri. •�,:;;... y::.. .r ,fry: : a•., t�F•,�'.s,b„fy:y., 7'-1l)D' :a_..�:C 5. .•:7:.` .fir -- -'">w:a:er:, `'-� . �. +` .•tk, ,'.pa•. i!, - _ • . (` ] /.'IL.ws tvb,l.+er.-'pv na+w,:'�+•IlliCp'y ua'��lYr.a .Mf WWI, -- .. .. _ •��•• • CEMENT!BENTONITE SLURRY PLUG PROTECTIVE LOCKING GROUND STEEL RISER SURFACE (,f' ]k'', c' Li+dll1 t� ! - j'jl.il;•tip .r.:%t:5::?r .r.::!?.t,r:.• .C•. •it'.1=• ��/�.ti :Y;of: ti;1:iL.}:. :�Jti•, 1 CONCRETE PAD • hr:>. r�fi,W. HYDRATED BENTONITE SEAL .f�� :�-7 2 r ;_-�.. APPROXIMATELY 2 FT SCHEDULE 40 2-INCH (-2 st l ---,iv:,; ''�� DIAMETER PVC RISER PIPE • . APPROXIMATE =� . WATER.LEVEL "'''i — f wr7p •:a •7} . •o..;�;� — -,f 1 ,���qi; -�Ali' :h._Yi 1-��-. } a t y.�— —,-,, 1' :etC; — 1 hh(Y{ .x,�;2re '� ..,, ' < . APPROXIMATELY 22.5 FT SCHEDULE 40 2-INCH L:{ti' — `:'ig=1 DIAMETER PVC MACHINE SLOTTED(0.010 INCH) f.4 K.,- —: ,t'; WELL SCREEN WITH THREADED BOTTOM PLUG 25 FT j .I4_ .!' e _I.` OZ. — :j; y - GRADED 20/40 SILICA SAND • � Yrrt:: -�;t- r , t 6ta ter. " J;,.- ''t ; • jI�— 1 . ,L .`f.•' . ?�•.� _- IQ. ; 1 Ni.t r--zoi Enterprise'Logistical Services LLC ; Beaumont Terminal 6355 Walden Road - Apex TITAN, Inc. Beaumont,Texas ye Mea�a./aysreet,suno,00 GROUNDWATER San Antonio,Main 47.694121N,-103.259223W Phone:(270)604-9922 MONITOR WELL SCHEMATIC ATwww.a'Incas.Cam A Subsidiary of Apex Camponlos,LLC Project No.7010213G020 . • 2,\Houton South\Drafting\San Antonio 02\2013\T0102130020\Wd1-diagtom.dwg 02/19/15 y III Illlll��lll c. IIII IIIIIIIIIIIIIIIIIIIIIIIIIIl 7 PGS 2015011580 LICENSE TO ENCROACH STATE OF TEXAS X ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas,herein called "Licensor" or"City" and Enterprise Products Operating LLC, a Texas Limited Liability Company, herein called "Licensee," contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this license agreement) described as follows: Monitoring Well — encroaching on the City's property located at the address locally know as 6375 Walden Road, Beaumont, Texas, which is the location of Fire Station #5, and more particularly described as: The northeast two hundred feet by three hundred forty feet (fronting 200.0 feet on Walden Road and extending back in depth 340.0 feet) of Lot 16, Block 3 of the C. E. Smith's Subdivision to the City of Beaumont, Jefferson County, Texas, as shown on the map or plat of record in Volume 1, Page 86 of the Map Records of Jefferson County, Texas. (Hereinafter referred to as the "Subject Property.") Said encroachment is shown on Exhibit"A",attached. NOW,THEREFORE, Licensor hereby grants to Licensee a license to occupy and use the Subject Property for the purpose of installing a groundwater monitoring well,subject to all of the terms and conditions hereof Licensee shall notify 811 forty-eight (48) hours prior to any excavation at site of encroachment. Licensee shall notify the Water Utilities Project Manager at (409) 785-3017 for utility locates forty-eight(48)hours prior to any excavation. Licensee shall maintain a minimum of ten (10) foot separation between the water mains and the monitoring wells (OD to OD). Licensee shall maintain the said monitoring wells in a good and safe condition as may be required to protect the public from injury or property damage. Licensee shall upon completion of remediation activities, properly close said groundwater monitoring well,with plans subject to approval of the City of Beaumont Water Utilities Department. After three (3) years from the date of this agreement, Licensee shall notify Licensor of their intent to continue using the monitoring wells. Such notice would be sent to the Director of Public Works, City of Beaumont,P.O. Box 3827,Beaumont,Texas 77704. Subject Property may continue to be occupied and used by Licensee solely in connection with the Monitoring.Well and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Page 1 of 4 The parties understand and agree that the City will continue to use the Subject Property for the purpose for which the City owns the property. If requested by the City, Licensee, at no cost to the City,will adjust,modify or alter its use of the Subject Property in order that the City's use of the property will not be impeded. The City's determination that Licensee needs to adjust its use of the Subject Property, as called for in this paragraph, shall be made at the City's sole discretion. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. • Substantial improvement means any repair, construction, or improvement of a structure, the cost of which equals or exceeds twenty-five percent (25%) of the market value of the structure either: (1)before the improvement or repair is started; or (2) if the structure has been damaged and is being restored,before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The tenor does not, however, include any projects or improvements of a structure to comply with existing state or local health,sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont,by resolution of the City Council, determines it needs the Subject Property,or any part thereof,for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit,loss of access,or otherwise. Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of Licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from Licensee's encroachment on the Subject Property through the construction,maintenance,use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor,reserves the light to make improvements, perform maintenance and construction to the .Subject Property or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community, as determined by the City, in its sole discretion. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Page 2 of 3 Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be responsible for any damages to the structure if the sewer main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars($500.00). Said sum being non-refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County,Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty(30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. Licensee's obligations to indemnify and hold harmless the City and its franchisees shall survive the termination of this • agreement. This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves, through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any-notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Enterprise Products Operating LLC at 1100 Louisiana Street,Houston,Texas 77002. IN WI TNF.S S,WHEREOF,the parties hereto have executed this agreement as of the 2�c7 day of �f, / ,2015. • LICENSOR: LICENSEE: Enterprise Products Operating LLC -------- CITY OF BEAUMONT By. By: Kyle Hayes City Manager Printed Name: Paul D. Lair Agent and Attorney-in-Fact Title: Page 3 of 4 i •• 4Y ACKNOWLEDGMENTS . STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the /5+4 day of t;/ 2015, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. /�.f1Y PV�� �` ANGELA;MARI THOMAS a2/ � �'- MY.lGonlmission Expires of Public, State of Texas ' December 7,qoi 6 STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of 4> / ,2015,by t �4: �,+ e„e,/,/fa, ,.:, f Hof Enteiprise Products Operating LLG. .otary Public,State of Texas RETURN TO: • City of Beaumont Antoinette Hardy-Bngineering I . P.O.Box 3827 ( er-4X4 JASCN FORET • Beaumont,Texas 77704 •4 1^ • MyC Mxy26 t1a0.2018 1osi Expires � • Page 4 of 4 LEGEND• • • �.1. :l, 7}_) Y�-.'_i �•,•�'_, •J ,.•Y. yy�:�- .! ,ir�i-S•r.� •t-•+i�:C:�...'TY;.=,_.ii^''_� 7. , - .1� `tY,yc^•�_ ~ :. ML. ..A. . • f o.'.` Rr •t97•. `•�"`J `• _r.__ 1 L `'. ~• ' �• '.� ERiYBOUNDARY Y' .;Y.:L...• ^` 3,N' � J•`,1. :5"' 1.��k .{y.._•:.,.;rt.'•i:l...- .'Y�Si. ,lih. 'a.E' S } PROP t - �i' w%i.� ' � ••y=.:I j•:y�� c,. ',••• .;.,3:-: :r-"•;lnt:i".•'A",wr^tt';,� rF?a;" _'i 11 { •ate b PROPOSED MONITORING �j"". l`7--:"' ,•^s�V7 °j;'• t A 4",'3-.••.-- :">•- �x-•. :1: .w•cti.. PROPD ONfTORI WELL -. •rl -. •.,: ^try-• --� ' `; 'Y. ti --•c. • YY� '•i _.._-__ .. .....- - ..�- •1•"._�'_ 1 .i t.-��r....- '_ eer.�..� �� / I ice• WALDON ROAD • • --- --..r- am•.•:,_-�.,•.`„`:..,� .:..%;_.+c.; .i:nYi�s' t� �.�_- _„�. � e' - - •°'� ter. --"i ��__. --t ^-1-;:: _ •. �i•`,.`-^" • . --`•r _ ..,:' •'.Tr•'C-^-=: mot: � l•- �?"y '+ -�.•. . t.- J :, '� e:,^1, "� ;::-:' i •~'_�v: r.�_ .� G_ ):':'�„, r y. -• R.� .. -•,I,- .:3� A� y,.. ,t 4Vtt _ 1 c..,•-n •'�� �„• -•.r°'�-'^-..--..• .� Imo' .• . :,i 1'. 4t.1 '.'�T:-...- ,, 5 °U=t- ��..., :' •r_1>..1.�+'' +1� vi•_ 1 ��••�• ... 'k' - _ t ".... �.-!iw$ (1q,--.-.r -,-, Yip ,: L.:.''LL--'-e-tP- '.n...- 1 r• r_ 1 f+^ -,,,-Zr-- -' fis i`: ..1 1:^,'i •r• ,-„:„.---...:• f ••�.: y :^ • 4. fF �t 3.• _• ^✓"'✓Q t l,yy O �•'� w ar (mil•{ -• !.L ^�%{yj •: ti- J{r 4.� r• •Iy.,yk^� l..lE t�• ^ 1tT fMi'. 6,+_ nj�n f.f ▪:�.. . �;'�d � f � �' - ` •' :':� % :- Y q''' L ' �. ---•_• ^LF`+ `--4, ivy''~,. '• (: •,.s-'-•*---�,: +; -_ •i .y �t- ... •MO POSEO;QF.F.STTE•'::::. pr- ' -+• Q r.n �'rE '1 t• - ~ I i '+ ▪ •y +' i`",^ fElftlGWELL '^' `.,'- s'+4•F�, • _ i • 1 . t 1• •a Wit. f (I? i _ _ • •��� ham!" -i-� • J' fa ' a~yi�`r�l, tic.aL1� �'c 6a 3 L ; ° F.. ;' '•-' �s'r'.'V ;,: `c _ •5' '`,: . . : �° 1•n. � 1lt �,_ z;: rs w •t4,',.• ;r��? �}fir �s''J • tt .tY4.,..,..-£=';:r-° st'�:.. .,... .:h k✓(i - :i 's c _' ;' r. may s - -::r y..i,- 'S- �• .•k' 1afr. -S •� t'` �]":' :f+1 ,:,X; ,JT_'_-'kf• „ _•r1•�'' �`Fy •r ',� • �.;I4 .; • P Inc. :^ ti '� R I I� :•�.` i meer..r,+fm.el.a.l.uo F: s._-I::' - 'a._ -: -:.':Mfs., '1 ° + ...••. .4 y:... :t::r' A® �Mgm.�taoi - • .�1�;' ^. 'tire•:,. 1` ••� - '..�,,..,, ,) .,a •h... ... ` - : -y' t4•. L,n q l •t.tA:: 1' - ',: V atr vwrM.a.wniaue ' - .'�� .•1:' _ •1- ..1a+,J„.: :ri»`,..+1(ppLL� .••1. r _ r _ •.r ^,i 0. '•r' . ..+. ..... cif Vy+, 1. -`�, i• C• C�: ,. ❑ �- n 1!t F £ f� a •v'.-s•-. rartaT :.± -•'.5=4 ?� . .� 1 1 l}I,3 • 1 t '--`'• et::1 : s,'u,: ?"r.r•• -`•:- - -EnterprlseLe6lstiQlSelvTeesLlC y'•i' '- '+ • - '.-% `,' .li. 9r tl: - Zf: '- :1;/.�-^. _s•a3 n+,,^ate-. " L�. ' }•. `sue'.:,' , ..+1'ti -,. ,i.s�'•I r .1:�,Iw ?r}" .J : 1,-.i -. j' ,_ 3, r .r „e zc: =�' ;% �.�..':',_•:fir' xi 6353 Warden Road r.• :.i' ..: ti° ` Y� ••..• ..� '.„:?1,.i -1.••.°,+'04 1k: L - { "s, - cr.�; --r..: ad ' . . .- :�'S�S3;'{ ' :�r"�" -.ate '•' � li e..ljL•C�'7".r,�-1A .11c,..;"%f;,��aL"='` `'9ii�' t,,, 1-' .""mot.-`e�i'S•Y*.' R�r. .th 6355Wa1denRo ••: • •. •,• ,�. .1!tir � rAST•.•v1�:♦ '- _V'...••i... b.-'..1. �' - AM +Tal+�'..�'�'-ti ,�;,,{ } �-,'�T:�„••!f k:.s; _ - - -o Beaumont,Texas i • , •••• c :., ,„. .,:„. „,.. ti11. ,,.... 1.:. .1 47,694121N.-103.259123LN - 'SYr'T� r.! • • Project102136020 Y i r-..y.wy, •F.!;:;:•`'4•.L �.'�+'.'" alit,'..y.is' -���'\ �q �• '•L"Ye./'.i <i Sri •P.:•...`;_S,r'�' s.t fK• �Y`.r:'�' 1�,' �. -+�:'. ;r' _`+��•,•,�wy�!-•+1��+""�"' .'-:;-+�.r::. • • ��.rp.' il�; � v' `}• „�} '((`"8' ` ,�y .,4f#. t��.'.fL.•-�^'.`Or 4 .•:i�;..:;.-'''�'' \I ,�(t 5.... .r . ''+ .-, '••- •••• '... '.�.7.1.rJ.,,1 .a'..:.'`r..'' ^'"-`><`'`S "'.:Y; ."P, '; FlCiMR61 i��/°i1""Y�, :ff.. i.•4 ) ul f.'.'V,_M1?^.- /!1J •,i1.L-J . .,Y.'..:1• >l:,1.44 i..,� , .r j:. l-' .''•i ', '",!„'',�,. *. i,:..' so 1 v UH.ell Man .3••• :\ '1 .Fa.. of„ .• C.}j'.r'f... 4��° •t Well s 11 • i ;�' .r ;'��'` y ;!t..•s' > ''�hl� �F`' :.c c: .k °'....: '4g �}a� 'y'. {:: ILora6Dn ' u.mwt.•+)� t bT .,°,. �i a' •t.�`�""•gam • •��•�r: .:� • (�1' 't +•14 , __.'•„ne'.. ...L•om-_....._ .i.�.. .. n. '1' 71C: .:.ea•zl. .• .,,.';; :.. ri£` °'-a'';e,.x T;r v'. ;rt.•,� 'S..i,,,.vxN.'a,C.•Ul�I giFN:INq]'44wrgoal.,f:•N•II :..,<_�.• C•. LYL [i:, ,- "'x"� • < :' .`. 1 U t % S CEMENT/BENTONITE SLURRY-PLUG PROTECTIVE LOCKING GROUND `STEEL RISER SURFACE �l �.}i Zvi'�t 1 j vYti�.,'e� Z*7.6%�::4•� CONCRETE PAD • HYDRATED BENTONITE SEAL •i vciY, a.'• . APPROXIMATELY 2 FT SCHEDULE 40 24NCH (2 FT) •- F'•1 l:4"• DIAMETER PVC RISER PIPE ry� F APPROXIMATE r.v• , WATER LEVEL • • iJ a r_ — Le. i. — f, tt r _ tf•�Ltl APPROXIMATELY 22.5 FT SCHEDULE 40 24NCH DIAMETER PVC MACHINE SLOTTED(0.010 INCH) r'�•'•- — '� WELL SCREEN WITH THREADED BOTTOM PLUG 25FT r�IM Lf• `:) • a J- (.' nC ar'r; — --4 GRADED 20/40 SILICA SAND • Afuf�• itiw- —acre • • : f "bra; Enterprise Logistical Services LLC Beaumont Terminal 6355 Walden Road Apex TITAN, Inc. Beaumont,Texas 797S Broadway 8U..t.Ssite100 GROUNDWATER Son Antonio.Tens 47.694121N,-103.259223W Phonic(210)6n-9922 MONITOR WELL yiVAVIIND=1:13.120171 A Subsidiary,of Apex Compmles,LLC Project No.7010213G020 ZAHowmn SomIADmfIng\SanAntonio 02\2013\7020213(3020\We ldbgt m.dwg 02/19/1S • • EEn' tcrp Products March 7,2018 . Dr. Joseph Majdalani Director of Public Works City of Beaumont P.O. Box 3827 Beaumont,Texas 77704 Re: Request to Extend License Monitoring Well 6375 Walden Road Beaumont,Texas • Recorded Jefferson County Clerk File No. 2015011580 Our Agreement No: L3056 • • Dear Dr.Majdalani: In accordance with the License to Encroach effective April 2, 2015, by and between the City of Beaumont, as.Licensor and Enterprise Products Operating LLC, as Licensee (Recorded Jefferson County Clerk File No. 2015011580),we are hereby notifying the City of Beaumont of our intent to continue to use the monitoring well located at 6375 Walden Road, Beaumont, Texas; at the location of Fire Station#5. I have enclosed the License to Encroach for your reference. Please let us know if there are additional steps we need to take to extend this license. Please acknowledge your receipt of this notification and payment by signing,below, in the space provided, one of the two originals of this letter and returning it in the pre-addressed, postage-paid envelope provided for your convenience. Please retain the second original for your records. If you have any questions, please feel free to contact me at (281) 887-3362 or via e-mail at gboul@eprod.com. • Sincerely, The above has received notification This ZI day of "rd. ,2018. Gina Boul Land Department • • • P.O.Box 4324 9420 W.Sam Houston Pkwy Houston,Texas 77210-4324 - Houston,Texas 77064 RESOLUTION NO. 15-285 WHEREAS, Enterprise Logistic Services, LLC has requested that the City of Beaumont grant a License to Encroach into city-owned property at 6375 Walden Road, which is the location of Fire Station No. 5, which is described as being in the northeast two hundred by three hundred forty feet (fronting 200.0 feet on Walden Road and extending back in depth 340.0 feet) of Lot 16, Block 3, C.E. Smith Subdivision, to the City of Beaumont. The encroachment being a proposed two inch (2") diameter ground water monitoring well overlapping onto city-owned property described in Exhibit"A" and shown on Exhibit "B," attached hereto and made a part hereof for all purposes; and, WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachment upon the City easement and utilities therein; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute a License to Encroach with Enterprise Logistic Services, LLC to encroach into city-owned property located at 6375 Walden Road, which is the location of Fire Station No. 5, which is described as being in the northeast two hundred by three hundred forty feet (fronting 200.0 feet on Walden Road and extending back in depth 340.0 feet) of Lot 16, Block 3, C.E. Smith Subdivision, to the City of Beaumont. The encroachment being a proposed EXHIBIT "2" two inch (2") diameter ground water monitoring well overlapping into city-owned property, as described in Exhibit "A" and shown on Exhibit "B," attached hereto and made a part hereof for all purposes for a one-time fee of Five Hundred Dollars ($500.00) for the License to Encroach. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of December, 2015. I _ a Becky Am - 0( 0.11;1211 r• / 1111� XL1{(�CP O b0asa�®� LICENSE TO ENCROACH STATE OF TEXAS X ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" or "City" and Enterprise Logistics Services LLC, a Texas Limited Liability Company, herein called "Licensee," contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this license agreement) described as follows: Monitoring Well — encroaching on the City's property located at the address locally know as 6375 Walden Road, Beaumont, Texas, which is the location of Fire Station#5, and more particularly described as: The northeast two hundred by three hundred forty feet (fronting 200.0 feet on Walden Road and extending back in depth 340.0 feet) of Lot 16, Block 3 of the C. E. Smith's Subdivision to the City of Beaumont, Jefferson County, Texas, as shown on the map or plat of record in Volume 1, Page 86 of the Map Records of Jefferson County, Texas. (Hereinafter referred to as the "Subject Property.") Said encroachment is shown on Exhibit"A", attached. NOW, THEREFORE, Licensor hereby grants to Licensee a license to occupy and use the Subject Property for the purpose of installing a groundwater monitoring well, subject to all of the terms and conditions hereof. Licensee shall notify 811 forty-eight (48) hours prior to any excavation at site of encroachment. Licensee shall notify the Water Utilities Project Manager at (409) 785-3017 for utility locates forty-eight (48) hours prior to any excavation. Licensee shall maintain a minimum of ten (10) foot separation between the water mains and the monitoring wells (OD to OD). Licensee shall maintain the said monitoring wells in a good and safe condition as may be required to protect the public from injury or property damage. Licensee shall upon completion of remediation activities, properly close said groundwater monitoring well, with plans subject to approval of the City of Beaumont Water Utilities Department. After three (3) years from the date of this agreement, Licensee shall notify Licensor of their intent to continue using the monitoring wells. Such notice would be sent to the Director of Public Works, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Subject Property may continue to be occupied and used by Licensee solely in connection with the Monitoring Well and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Page 1 of 4 EXHIBIT"A" The parties understand and agree that the City will continue to use the Subject Property for the purpose for which the City owns the property. If requested by the City, Licensee, at no cost to the City, will adjust, modify or alter its use of the Subject Property in order that the City's use of the property will not be impeded. The City's determination that Licensee needs to adjust its use of the Subject Property, as called for in this paragraph, shall be made at the City's sole discretion. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction, or improvement of a structure, the cost of which equals or exceeds twenty-five percent (25%) of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont, by resolution of the City Council, determines it needs the Subject Property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise. Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of Licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from Licensee's encroachment on the Subject Property through the construction, maintenance, use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor, reserves the right to make improvements, perform maintenance and construction to the Subject Property or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community, as determined by the City, in its sole discretion. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Page 2 of 3 it Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be responsible for any damages to the structure if the sewer main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). Said sum being non-refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. Licensee's obligations to indemnify and hold harmless the City and its franchisees shall survive the termination of this agreement. This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves, through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Enterprise Logistics Services LLC at 1100 Louisiana Street,Houston, Texas 77002. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of , 2015. LICENSOR: LICENSEE: Enterprise Logistics Services LLC CITY OF BEAUMONT By: By: Kyle Hayes City Manager Printed Name: Title: Page 3 of 4 ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of 2015, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the_day of , 2015, by of Enterprise Logistics Services LLC. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P.O.Box 3827 Beaumont,Texas 77704 Page 4 of 4 CEMENT/BENTONITE SLURRY PLUG PROTECTIVE LOCKING GROUND STEEL RISER SURFACE '4 ��. } ;., �jJ. �d r � •ram i CONCRETE PAD ".Ce, HYDRATED BENTONITE SEAL 'r APPROXIMATELY 2 FT SCHEDULE 40 2-INCH (_2 �r `t'= DIAMETER PVC RISER PIPE 1 — .1 T 1 i,* — —rf ;Y.jam.re- — �t'.. t APPROXIMATE WATER LEVEL t;f.;v, :rt i 1''' , .:a , — 1-.::„.. ;.c.,j,t_ —;:3 ' x7 fir — 'H• i. : ✓ti; % ,' — ''F i : Fir; a'!.�ll7- —2:. 'Ali: Al t/^ — � ..:4 Aj-'+ —Ya �t'. --.:.,- ,, ,4; APPROXIMATELY 22.5 FT SCHEDULE 40 2-INCH ?,,�y, — it . DIAMETER PVC MACHINE SLOTTED(0.010 INCH) 25 FT ''44i£f{ = x' WELL SCREEN WITH THREADED BOTTOM PLUG Z`»4 ti.., ;z:i�. r1.1— "t; ,.,lri< — ./ �i. y;- �;,;r i1R1 - -��r;4 GRADED 20/40 SILICA SAND .- : ij w�? tz— — g,++. j e- i,.t 9 -, ti.+,t�t �: } — I:i At Enterprise Logistical Services LLC Beaumont Terminal 6355 Walden Road Apex TITAN, Inc. Beaumont,Texas MD Street,Suite 100 GROUNDWATER x `:\ San Antonio,Texas 47.694121N,-103.259223W Phone: www www.opexcos.com MONITOR WELL SCHEMATIC Airwvnv.epexcos.com A Subsidiary ofApex Companies,LLC Project No.7010213G020 ZAHouston South\Draking\San Antonio 02\2013\7010213G020\Wdkliagramdwg 02/19/15 " _I Nry�y ' } >r' " LEGEND n, f V `i+y 1 nJ• y.' . ;e -I fTr !'7 1 3 • -1 i' x , M r�} r ti '2, a f� K .A G:i S k tk i .� '_D` ,y -ti+`N r l i r_ 4 d z# "rrn :r r tir''+- t., r .yr r .t u' '9w Y� xr a +.'v -ti .c.'''il + a • xr :v 4s r PROPERTY BOUNDARY s s .uF r-i r.+ �.« "� ae �.`r s.+r a 'r"` . _.. 7 K fit•`'�'rir;.> �'" S. r r ,4x, .r'j �;�'7 '� S .� `i. as r 'y:s-r m • 'r' .T' t•-`. .c .r,t4 >,- ,,+ t t r-3^r r u3 3r ,, ` r.}' fi.;',�- .r ..,. 9'c_ A,," '� PROPOSED MONITORING WELL '°�� � f" nit�` r sr"fa -fir K; -�1 '! N:� b ,.„,,'s"� y+�r "` ... +3r y .,,,, 'y`f..p .- sad f ', -.f x+3 x; v "r4 f ,a JA ;, �2 x,. z m r a y N i�t-• a e' a'}✓. ti. n w �*<; _4. 3 ,:" �'ak'xr'iL�r 5r n t yc = �- � .it ..3YPl..y �-�.t",.ry`�' �+:?u x� � `. i '� n k '` �` e �,��z ���x:.c r t k ', ��▪ ��� ,-. - 'r ti�3. �..-.r.e'w w`.�'a.fi,.,{k=:'S, .'�K.--.:r'"a.'�"t,,.r1_...�:Ki..'f`i--rz��^''.tx�,�..... "`� _..: '`^•'wk 's ..; �,�----'^--- '.""""°".' ,r,�, WALDON ROAD • w :..:,'9M--• a-'^'a f i{ w .,��,eaSTr "*y "p ,L�r .�"vrt'` Y'A.�%'i�azR`�Z:"" L`i:` C r r- ra ..: .. NM • "�`� x�41 , ..;�....',--..c•;a. y Q,„„..'."'u'r'"'u��.�%.:,',,,;5 ,&' r '`"".:ni r.`,'' [LTA' �k4` r ivi.'f }' f3%>`'i�'y ,r•.r,,T+- Y . e,, r�+-,t 5. _ 4 fi„�;h` L ,,`y},a. s10 '*fr S*', ' Yr uS� �,,;, 1'r""'.""la t .J Y -k t $ ti. 4 t F, tt �kki?r�,,,, t ,g,, °' 5ia y �+ '`t"y!'.� 5, *, '1 �'3s� ,5"` y i �`ti n.r"�+ r�• - .a.R+s� L f`k.�4;a r's y '.• .;/ � 2 • m v1'''' `4`'}, 4.: o! t '"E,35�f, . ..dtF 4=rri i'LI. �Ry,E,x a 7�' `.,,, d, ` MS4 d l q '; ' S ,.ar rrFk 1� " a'' • tr 4�' ; , MONITORING WELL.,r3.t.,fe.,F a- i., I tom. f$ g , ,r n 5.7;^-,a� 5 y{_t ,+ dr v�' ;d '�� t`�* i ` Sy �f�i "" ,.:,"'.°1` iL"C 't Y. k�e_-'-^y�, i, o,f,� t • 6t S'"'rZ� �+A'Y � :ry i 44:�" ) S Fr .,.4 E.^ ;.,''` yr sY 3� .�.. r+v,t" -t.� E�`� '��,,-▪ -2"`"K t v'zl b, '� `"" >.i � ryr � �,-. -��.. �. z`- f of o-e�+ ''' '. ,' tee,7 �"�' �l I� 1 r`, l s kk< C Tw+ L 1" Z i•�? 1w'. {9 l u�-.. -..�� I— r r .f'' t € 4' . . ,1'1` vl` �s 1J' N ,gym s r i n ' • - 4: s t r .,� a J�`4• '��J`r,- si'Mt' !rtb_ VYIa,�• `'C'� ^ �� A'. 44 {,.R ,�•4 s { '6 t Y a, F' i�r, m t'+ r'" s t �`°`' t ,r4�a x b G f^ I. fb rr p �.�t3 ! e...� 'rin.e .. • k x e av y"'dI i —` f � ti c $>fi <c`+z. f• ar ,x !! x .., �, • .r,in k t: - .ii tl i-G"F �o, e, '` .m nsE,�+yr v +�Y T +I ,ya x.• i F 53 t7+.. �" �v , T �r.� 4 M > 4 ?�yn 4nagy •T, r" f ',++a'. -r � ai fl 2 M • l i t ! `," v q▪ t Y � * s+`y5*'wR` a�'... '� < t, "Z't.t+", •f.. �.• C > X ,, �„ rt '�; '''f�+ +'�ssr •r `• �'4 � .�wr 3- Z W a s e x�. t ,,c �t r,�+4 '�` r s `ti" �dz st'' l M:J k S. ::„.,,ire:. ..a„�'"'' ti "�,x�t �'� i.+F y'? M . h G rt t- 1. G G R- 1'. 'F y T rw�v -•,.� Ytl4' t','n �, .k or a„�p F`*!. yi ':+•�.r ,SC w, � .v �, Ws".,1„vt�`"`c e' t'. "c R . Y C 1, ,, _(r; a�•. :.2. "' ,.a #,.- x } fit ,{-f. .p ,.xg'° C' get s^ .E 7 y" --t b '�3r' n .0 a ' t. �rr 3 fr 1 X'f .s'H�i' RG xrk' n ft' 1. 4,,.. 4 ▪c • v a t ry 3 .e� r 4s' .e. _ � wy r Apex TITAN,Inc. t yt sci ,�rr .ups rt �' ^xi t w tar r.' .r"s fw! t3 r,{ 3� n�e4e.y sn.0 aw.+oo • rt Y „* ' '" ' r..� K '1,4!.++"'t :Lk}L^,. ^..,- ".+r s -s aM,we+a r.w a� t c�y T a q t -za v ,,,nra-.Cr,b r`t'Fs+ y"+t^ '1. A�,vaf K tl�,+}r �SYi 'F rsll � o " p r'1 `�. 3v. r L s:y A+ubMlndM.+Cbro.Nn.ue Y °� ���{{{���,,,�� r � k r • p k i w � %F mot{ g ��7;, '4 " }'"rT` s) '2 ,Xi� ', t' g),,,' }�4 '� ' `(, ,� ..:L.'4 �'f 'l � ..tr s. , cc= et' .R.-'�'` k 5.� eY` S ;fi 1`"�,°�^os� �r7. � 4. ' '. 'fit 0'; n �• ' }, v, " Beaumont, 1032l9223w LC ;.F rk S r �k :.r.,' pAA ¢' Hx, ;i, x f ^t?� r'A i ,cif' 'lr ..,;w ✓,- BeoumoetTerminal k ,�,r - �"��. ��', +�,�+4��?I,;`,����:,' �"`{,n� t�� �. i��n ,�",� �" q'L ""�'�1��(.tw�= ";. �, zt?��� :`:��5.h,,}k� ,; 3. c . f dy,< , .w ? :v. U' V • -k_ r' y °; ! .:P, .'i Y,".74, •fi r ,-, ,.c �5'�r, 6355WaldenRoad +'`mot,..�,.�T.i J?YxY "G_ . +'`:' �^�:x..' .L".#�p�.,k ,�.wst?'+ �x��:, :.,J-,.e;.r � �w'�i�ti ,}'�,f`J' `♦s4E..s r.",� � r�T: e-.tti= .f t� �..��:.. rta•,.'�y� ��,a§;�. �.?SH,; s,ee.�-,5.: ..NY.� Beaumont.Teltes ✓ 9'''''' ''''''`"r �h.., "Jr.<• , '''' v 'n''7.1 ... 7 _. �4'+"4,._. y 'R'1 t."'• .a.rr q. ,}:., ...,.r;,,� . �fr '"T'" ,�..:d, :S V"i - t v k , -3 x + �" ova- 4� f s K 47.694121N,-103.259223W ri r}+.,�" ,��t � k .'¢ � 'p -'�.1y,9" �{`�r t "Z �r .� r A '� �„ e���+ „;r �,tj�::s I fe{. I''e ��r. x#H 'h.. .�-,i'Ns y, r �+ '+, �' •,.'Y'r T +FF �+:.:x--,: '''G... 1 'Y"} s- .� ` + •;.:'�, r t'r y" ,1 �t' • ,il a rv''' ,,"� ."G'F tv." nL' c: '+F.RI ,ri`-t'. • _2 w .c {. 'a.- ti-z • ,.x.' `E.'� u+ - a . , �,p t!r t•! S +:.. •*.2`js�,, r t, rr ;�,, : r ,.y..'*.,..5kr ",o-'+: qy,,▪ 4.4.. .•:. •:,. ""r e4kn,;,'' .,",}.Y,, ?, ?'" >f..�. p._'IN'''', ',.: n,,,,-1,. ,,. '";c +`x'•. s�"- r" .�- "�*.. - 5 <t ProJectN0.7D10213G020 ^rt: s`�` ". %,>5 „�.+.r �.� '�4�,'��. ' . .;� r,,, �'1 � � ,sue .;,�_. &.3 �:. a,`�,"�.ru''�`�'.P. �'�'1 at,y `. �j G'h' ..it k..F' �.�. • '', -f>si:+,." ..'. ;.,a2S,. ,,�acnh �' > Y. 4." a �+r�,,,x�„l�..c sr r<.' fifx Pi[�' s`}S .' 1 a '.:Fa :ir.'�`Y..e. ,-,;*•.._ f"rcv "w � 4- .:5"4-✓ � -i y rt..41 � 0. fit, .t. "'1+ fS s:": Y 5 ,�,? r.,;`S1,ru3N- �l`•K ,. ^sr, 2z i ',. ." .4-4 _„ .it „�, 3;.:,..'1 o .^ ,1 ,=3Y FlGURE7 • ,f� .?' t'Kt,nf''. r°`� r i` �, �k ' + :',a r•W" a. ,,,+.« • `".I'!"y�' ,. � ,' �r , . 1 m,,1 i r ,. r t n �' - Ku. ,.yr ,•; {z+tu" ,;4 o So �Do Oft-Site Monitoring rd.�2 • *d.&'sCray'''�L'r+1 rr�>.rF; z '7s a '�, "gyp k!n,.( 1, 3 y. t .s� . t :. ` , a , . x ,.a. s ?c17, {t'. '4, x * -ms` t'` ., tt ,` ��%r 6 h• ., "` °v Well Location t }r� r"4 �'` 6 w �sTk r h: e �� j= t `� k R" , 3' c' ti�ti { 1 00 �t t '$,t '�y .k �' •c'''k�4+,m'�w� i^�'�''�1.,�*3�°'�.^�..h,x.:tdl:: '.h�i� ..�af.�"�`.,"... J =.-_. ,�: •Y•* i.Vcr "` s,�3'3� :��'s k�� +5.rt21<: N�t�y,-. eseta.,,,..,e,un,t. wonw..,..Ordi.IAMPnux+�n,�,�,r,.v.F.e um,nt ._.. _ g. !IIflh1III.IIIIIIIIIII II!IJIlI!IllI I II III!! AG CS Z01504 1177 � LICENSE TO ENCROACH STATE OF TEXAS X ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" or "City" and Enterprise Logistics Services LLC, a Texas Limited Liability Company, herein called "Licensee," contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this license agreement) described as follows: Monitoring Well — encroaching on the City's property located at the address locally know as 6375 Walden Road, Beaumont, Texas, which is the location of Fire Station#5, and more particularly described as: The northeast two hundred by three hundred forty feet (fronting 200.0 feet on Walden Road and extending back in depth 340.0 feet) of Lot 16, Block 3 of the C. E. Smith's Subdivision to the City of Beaumont, Jefferson County, Texas, as shown on the map or plat of record in Volume 1, Page 86 of the Map Records of Jefferson County, Texas. (Hereinafter referred to as the "Subject Property.") Said encroachment is shown on Exhibit"A", attached. NOW, THEREFORE, Licensor hereby grants to Licensee a license to occupy and use the Subject Property for the purpose of installing a groundwater monitoring well, subject to all of the terms and conditions hereof. Licensee shall notify 811 forty-eight (48) hours prior to any excavation at site of encroachment. Licensee shall notify the Water Utilities Project Manager at (409) 785-3017 for utility locates forty-eight (48) hours prior to any excavation. Licensee shall maintain a minimum of ten (10) foot separation between the water mains and the monitoring wells (OD to OD). Licensee shall maintain the said monitoring wells in a good and safe condition as may be required to protect the public from injury or property damage. Licensee shall upon completion of remediation activities, properly close said groundwater monitoring well, with plans subject to approval of the City of Beaumont Water Utilities Department. After three (3) years from the date of this agreement, Licensee shall notify Licensor of their intent to continue using the monitoring wells. Such notice would be sent to the Director of Public Works, City of Beaumont,P.O. Box 3827, Beaumont, Texas 77704. Subject Property may continue to be occupied and used by Licensee solely in connection with the Monitoring Well and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Page 1 of 4 The parties understand and agree that the City will continue to use the Subject Property for the purpose for which the City owns the property. If requested by the City, Licensee, at no cost to the City, will adjust,modify or alter its use of the Subject Property in order that the City's use of the property will not be impeded. The City's determination that Licensee needs to adjust its use of the Subject Property, as called for in this paragraph, shall be made at the City's sole discretion. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction, or improvement of a structure, the cost of which equals or exceeds twenty-five percent (25%) of the market value of the structure either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont, by resolution of the City Council, determines it needs the Subject Property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit,loss of access, or otherwise. Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of Licensor against, and pay in full, for all claims, losses, damages, law suits, attomey's fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from Licensee's encroachment on the Subject Property through the construction, maintenance, use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor, reserves the right to make improvements, perform maintenance and construction to the Subject Property or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community, as determined by the City, in its sole discretion. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Page 2 of 3 Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be responsible for any damages to the structure if the sewer main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). Said sum being non-refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. Licensee's obligations to indemnify and hold harmless the City and its franchisees shall survive the termination of this agreement. This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves, through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Enterprise Logistics Services LLC at 1100 Louisiana Street,Houston, Texas 77002. IN WITNESS, WHEREOF,the parties hereto have executed this agreement as of the/77`j IN.‘ day of o2. n i3 2rt. , 2015. LICENSOR: LICENSEE: Enterprise Logistics Services LLC CITY OF BEAUMONT /� By: L By: / 4. �tl ,?(---Z Kyle Hayes City Manager Printed Name: �/4 4� /,,/ L/9/A Title: iL/N8 ,714 Page 3 of 4 ACKNOWLEDGMENTS STA 1'E OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the /6'41 day of .QP.t'_G,44 2015, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. 4 ram%An+ ) �` ANGELA.MARIE THOMAS �. )/ ��J�y_ -7 4 My Commission Expires -r/ -e� December 7,701 s Not Public, State of Texas • STATE OF 1'hXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the n day of Otto — ,2015, by Palo D. LAit , 11564 and A 0rnei-;•enterprise Logistics Services LLC. off;* agVp P4` JASON MICHAEL SHELL die Notory Public,State of Texas a1« fin:; 1 My Commission Expires October 31, 2016 nmin o•: Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P.O.Box 3827 Beaumont,Texas 77704 Page 4 of 4 I • CEMENT/BENTONITE SLURRY PLUG /�PROTECTIVE LOCKING GROUND / STEEL RISER SURFACE /1 j ! , :;.. ' ? CONCRETE PAD ; j1/ :=.z-,,. 71-r,t.. HYDRATED BENTONITE SEAL ;f- r y z;d; (-2 y i• +i APPROXIMATELY 2 FT SCHEDULE 40 2-INCH -,,Li;r ;i.; DIAMETER PVC RISER PIPE !•c �}.-0 —•t. % ;•.. J, APPROXIMATE WATER LEVEL .':,to..--:4 :: .T•l� —I'`f�1,. f"t'i•-j` ;.;7 . '.r.:r:.1 —l�.tdr:.: �P• '.1'::. _.`r.�31 Ta v 1.'!(" ..wit; — y r . APPROXIMATELY 22.5 FT SCHEDULE 40 2-INCH • ', — ;;,a.":i,} DIAMETER PVC MACHINE SLOTTED(0.010 INCH) r'1t --, WELL SCREEN WITH THREADED BOTTOM PLUG 25 FT .,•.;-1• — Y .'r; ,�•.',i, — rid -•r• l.>. .— — '!>;•. :.A,. ... .tit- C �,;,1 _` ; - GRADED 20/40 SILICA SAND i., i{ , . —;jai,•.! ! fil:•.� —' •N• !,:3 ,J,,r ¢d 1�.:. --1.•"_ •-.4,•' is — ,,a�-1. ,... 1J —:r.. G • Enterprise Logistical Services LLC Beaumont Terminal 6355 Walden Road Apex TITAN, Inc. Beaumont,Texas 7979 Broadway Street.Stdte 700 GROUNDWATER ASan Mania,Texas 47.694121N,-103.259223W Phone:(210)804-9922 MONITOR WELL SCHEMATIC wvnv.00excaS.COrn A Subsidiary of Apex Companies,LLC Project No.7010213G020 Z\Houuon SaurIADraftingVan Antonio 02\2013\7010213G020\Wellaagramdmg 02/19/15 • a a " a4 1w t, v ,srx e c- y�X''rF � ti r i x+ ,.,: Y.� -_ t,, e �}�l Fta x t a t P � LEGEND S t .,e ¢.x.,r t '� , yti"k�' t 3# sk' ,t,,", `r j, `r a". k^ PROPERTY BOUNDARY y ¢ Yl y " t ,g a rn x x PROPOSED MONRORINGWELL m r,`a x t F y pPft ."+r-em „'" , h '' '' ''''':".";::''''': 4. -, s: r,. r e;,, F ,.t 1,6 S', y r'a"^' . .5..§ G'" , ,'i'.. y t r;: �m''F • 3 x?'+',t,.S,, L, .+ N * '- +"s� .�.y„=� 1�r:u.,�., ��t r.,��',:.•��@..,.s.'t.-G.:a.�.«a->,,.6a.�':'»...,a'6�,rc.11, �+.a �%.._`.,,+....... _wt_�+:..u.1i,,.t.v ,.�..r.. .. ;�..x" j4 WALDON ROAD ^t Y 6 T� ."` �+ro..',� °�'L '-'r T'w .n�'-' ,s #.. tkra:;�. )�'a� r+ ,�Z', zJ"x' `�. .'z�" .5. ▪ x rs>r a 4*» h. N�.. .o '�` L- . y� g?y I 4 '( .1. r 4,•,,,_ , r .�Y :"J%,- a! "S.. £. .,E"'N w ):f' "�t. '' j 'til '�'�"3r„-.tn-n�rrJ i c. �e .x-15r 4�'� s - PROPOSED•OFPSITE rs^..I -T.,' ,,..' "� y �a t tidy aMONITORINGWELL i" a* d h ^F • t ri* r k 'o-'*i t"C3.,1� �1.��*A�yjt kt°!F. ., 1r3'..''.r , ').1 R'> - } � ` •t�. , rti� �•" a -,,,..,:-;:,,,,..-:,. ., , }s rx a 1 r 3"t�V °- t D. • • M 28,.t ' t W. _ i°,r':. C�"9^`. ,s ._.. '� ,t ; �•. � turd? s _ r -- r'" yy�`t `3 C ; ,,..;"1-;,/,,,,,%:X--, + ice ,?ryp{ "b, yT`` i.. tl { ''� ax �i 1 k "4 4a R .e'n,.7,,r c.'..c« �' F )' t �' t" G ttid a Jt. ir» rc+ *m t, ts+�.,'t, r , t l ros,."s:, >r:° '' .:r� ^a ��, 6.as m f r. ,� F t Ct .'`"?'w a .'t,i z �., t k "' __. ,,i J �� ti'li Q � `4.,' "4 „', , �k a ,�Si'.}xr t`r "+t� Y„•`' ,.tF 'Y ,"y-� /t�,:. �3' "t- mot. 3 _ 4 '', �� va �� 'Y..a'3kr - f r ) .><tl, r c¢)ro ►s:jci. � , th r d u w Y arx �� "3 t rt t* a. Apex TITAN,Inc. rt -�. .�ar�.fir ,,,.g,�+i' ` h �1 ''°' P rv.l� ^�fir`+ ,� { r ..J�' ; A FvrD se.�s�waa 1 a G r t, S.-r - tj ,� :! v blaDu .4 5 +c a r J^s l ";z.. } ) rh i _:.r.. �` a5, a ri`�' .cK Y r q,a t }Y a s rr�r*-t. & .r r r,.'"t � - °� k«..q' 7" }•.: ,1, « F tk s s,4 L > 4 4n 11.5t*dMa.aa+v+1w�.ue 'il w'k ✓ aeax ;t do r y pW ¢t U:� ?� 4 a'. a "" ��'r' { . . ' EnterP rise Logirticalservice$LLC ' rrs + i•� r. ?;;w m a K.4. Q +?.y t• i4 c �,a, 1 .i pi b - ..; w i�+,�` ^"r -',f r• �,; Beaumont Terminal ,. t>.,r*'- . ..." k, :-, ;'�r '' ^"'n'. 'i t; is �, y,,i xl y T t u .� x;(7d ^., :' " ,S *'• f, 6355 Walden Road 11� h , 1:.c ,. ..r ;t s# �„, *� 5" � •.P -- - .,, .', • > ? o, x x4 �,. V..3n4.F-, 3 r .m"" .▪ s� t eaumont.Teaas �, " 4": '. ` ""'2. t i ; '"'� ` ` - J;Mr;r, 2m z fi L9Y,,+.�f ti< t t s r .k 47.694121N,-103.259223W ,: Y'""N ,r 'Inz'. t , �g a^..w�S}� '{,.„, �ed1., i t r :1",, �u. r #i Y f1" �wk.Zt d t ',,t �• v..4 41 -',A f y,�r�D�3 .,'�'h '` ��.�+"�'��- a=;7�y Y:�,Q � -��1�• �'�� j s..... ^s%.. � � �;,;;.�. r, ,,.�:1 a v,•t'zc.;n.'J4i. rg �j� r ' J �^ �x�tr....yy,,.. y,}t � '�r ^;�Y1� "" ,. F �, � E. a: ''� �r-_'1` s)r a' s.�:#�ii:Se.>��K' ,..�^.t..w .�t+ly ' ,d..;.1 by y, .'1'¢ ; '� 3+ C si `r ti"" R�ro:,,, k'p. t. # • 4,-„, {'C h4 .':t �:,' Q"7•- r 3',i4 >; f" t c,� .-. 'u:• "E , ",.e �',i,� ' '�tG,sM»f' . 3 ,, °°r. Pro ect N 7 . � ', s; + ,'" <-.�av �,. � ;�a�- .R � s "'f+rr�.`3L� A';�'*'�+; �" rig»-.e ,fir,;,,: €��� � x:�:. ,�c7 i s .�a,;. ) o. 010213GD20 f � r i;ra }, . ;a,,•{ "^' _ �. ,'' j;">.4S}",-_'�_.s .:. �` `� .1"4y 4,', �A ,y s' xr. �i' �y i�' r.;a �,F s�Y{�r :a s- t '' t,w``'' �' <x 5�3'''' trx`*v '�'fi'"r "-:_+. '�,s r 4.' x :ir-. ;'pia: f .^ Y +,� ry �<t-'1,' H+-, -. ',,,, z a, rr-, rr, r91r N y , err : ."a's''v '�+. ., r3"}, �_ko �"' `"..;.R' 'w... r., ,T f..w' ' .1 . '. �,.,: "' ^,�t: `"' .' xey ,; t^ x �d:0''1'Y « :tri..?....Q,...Y.tr�. .,.; , ',n"",. • ''i„ya'' +tr..e'k,,,44,: �.-xat3',.w rf "yw:1;gv y G '#4' ..� 5ra .o- •.r,.r 1 ? �.•4rt w�y� "''>'�+''�# t -z .,', FIGURE 1 rh ,�'at 5 .'z+v` '�`r. x,I: , ) �Y unn:f '4, ,,r.' ' $.y't �'`c. t w ",,tr' i,-' ,,.-'.ry},.�,}-"€,,w,y„t"r's,t1,, Sa 100 1 Off-Site Monitoring 1 t. y:'o- T 4';rti 3' '" o-4,,, iri.S ),. 1h'411;: i•N.,,:.:,: �° rf�Yy'+3, fit p x t5 YI t Z �O Well Location �' "�fi ,., ..t+ h �' ;�'-, r'`x�`..rt L '�)` 'L s. §r yr k r ` r vF-1 ; f ' :1� •,a. + .,. �., & :p^r1 1 =100 ..r �7x ,,..:� «.t ' .,,.,., an. .Ea.�1'.'. „.�':... ,.� .) } � ;}• * e,.'P �+�.:n tip +' -, :' t /:V brown tom,,,,,,,,,ftv.nnrv,abtWl)1i6M21AiNxlfl�e,A4dt IWNIS •. ....-•--` •• -.'.•.•• RESOLUTION NO. 16-227 WHEREAS, Enterprise Logistic Services, LLC has requested that the City of Beaumont grant a License to Encroach into city-owned property located approximately ten feet (10') north of Walden Road, approximately 0.5 miles west of Interstate 10, located across from Fire Station No. 5 at 6375 Walden Road, which is described as being in Block 4, Tract No. 2 and Block 4, Tract No. 4 of the T.H. Langham Subdivision, to the City of Beaumont. The encroachment being two (2) proposed two inch (2") diameter ground water monitoring wells overlapping onto city-owned property described in Exhibit "A" and shown on Exhibit "B," attached hereto and made a part hereof for all purposes; and, WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachment upon the City easement and utilities therein; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute a License to Encroach with Enterprise Logistic Services, LLC to encroach into city-owned property located approximately ten feet (10') north of Walden Road, approximately 0.5 miles west of Interstate 10, located across from Fire Station No. 5 at 6375 Walden Road, which is described as being in Block 4, Tract No. 2 and Block 4, Tract No. 4 of the T.H. Langham Subdivision, to the City of Beaumont. The encroachment being two (2) proposed two inch (2") diameter ground water monitoring wells overlapping into city- , Exhibit 3 owned property, as described in Exhibit "A" and shown on Exhibit "B," attached hereto and made a part hereof for all purposes for a one-time fee of Five Hundred Dollars ($500.00) for the License to Encroach. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of November, 2016. Nyvir 41 / - or tiecky Ames - i 0�1Crl ' ktit,_ter. LICENSE TO ENCROACH STATE OF TEXAS X ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and Enterprise Logistic Services, LLC, hereinafter called "Licensee", contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this license agreement) described as follows: Monitoring Well — encroaching onto the City right of way situated on Block 4, Tract No. 2 and Block 4, Tract No. 4 of the T H Langham Subdivision across from Fire Station No. 5 located at 6375 Walden Road, approximately ten feet (10') North of Walden Road and approximately 0.5 miles West of Interstate 10. Said encroachments are shown on Exhibit"A", attached. NOW, THEREFORE, Licensor hereby grants to License a license to occupy and use the subject property for the purpose of installing the groundwater monitoring well, subject to all of the terms and conditions hereof. Licensee shall notify 811 forty-eight (48) hours prior to any excavation at site of encroachment. Licensee shall notify the Water Utilities Project Manager at (409) 785-3017 or (409) 785-3019 for utility locates forty-eight (48) hours prior to any excavation. Licensee shall maintain a minimum of ten (10) foot separation between the water mains and the monitoring wells (OD to OD). Licensee shall maintain the said monitoring wells in a good and safe condition as may be required to protect the public from injury or property damage. Licensee shall upon completion of remediation activities, properly close said groundwater monitoring well, with plans subject to approval of the City of Beaumont Water Utilities Department. After three (3) years from the date of this agreement, Licensee shall notify Licensor of their intent to continue using the monitoring wells. Such notice would be sent to the Director of Public Works, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Subject property may continue to be occupied and used by Licensee solely in connection with the existing structures and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction, or improvement of a structure, Page I of 4 EXHIBIT "A" damaged and is being restored, before the damage occurred. For the purposes of this defmition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont, by resolution of the City Council, determines it needs the subject property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise. Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from the construction, maintenance, use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor, reserves the right to make improvements, perform maintenance and construction to the right-of-way or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensor will not be responsible for any damages to any structures or improvments if the sanitary sewer main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. The Licensor shall not be responsible for the repair and replacement of any paving or other structures within the Easement property. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be responsible for any damages to the structure if the sewer main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. The Environmental Contractor will be invoiced for any damages that occur to Licensor sanitary mains during the installation and/or removal of any of the monitoring wells. Page 2 of 3 As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). Said sum being non-refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty (30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves, through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Enterprise Logistic Services, LLC, 1100 Louisiana Street, Houston, Texas 77002. IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of the day of , 2016. LICENSOR: LICENSEE: CITY OF BEAUMONT ENTERPRISE LOGISTICS SERVICES, LLC By: By: Kyle Hayes City Manager Printed Name: Title: Page 3 of 4 ACKNOWLEDGMENTS STA l'E OF TEXAS X COUNTY OF JEFFERSON X This instrument was acknowledged before me on the day of 2016, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS X COUNTY OF HARRIS X This instrument was acknowledged before me on the_ day of , 2016, by of Enterprise Logistics Services, LLC. Notary Public, State of Texas RETURN TO: City of Beaumont Antoinette Hardy-Engineering P.O.Box 3827 Beaumont,Texas 77704 Page 4 of 4 .r. `. Vw" x X S t "•..:-. ��r -"f "tr',iYrs T,Tt'..i :"•'a 'I -r i a y s rfi�"'� �?r"• "' ' te, yk 4 r t,Jst>..; n_ �._,,,j':r &' 'n+..�a �•,; 'L• y; ' 1 '-tom...,�,.. = t ram:' LEGEND — ''x.ii; ▪ r-P .:,.t r (w+µ}! r >.� -1i E+'x)';k'i ui,� t.;:�',�% I$C� PERTIES,LLC Y' r:+''� �•€. ,.ir .,d .T s,y" ,, .„.✓. C +,5..- , •13. U :, } • ';MEGAS'B MEGAS ',+y }.,PROPOSED OFF51TE I a= ` 6350'WALDEN ROAD) g I k' Sam .4 4�r ;t > yti. t i •' • ;',r e' PROPERTY BOUNDARY ,+ � ;; * '';INVESTMENT LLP' °a s t MONITORIN(WEltS4'a 'M1 g ij° f�? .� - *'w• MEIiAS`CTONSTAN71NE S ye + ,I. "s `'x�'_= " "ti. i4r'?t3, ,F-' ay,^.&,�..- t`�* s. IFx.° ''''''' •'.S. 'Y 8 5't °^' r c, / + .x 'r,r.t �• PROPOSED OFF-SITE r ,� .,4i ! y � .� �,.Sy'r .t ..�' .. a� . , pa'y�,'z!'• ,r"!D" 1r 4 ti ,,,�y, .). . 'f .' � -�.-�, 91▪ ^'a." .�• 1.,., ,r' i :. .... .�,. "� ��",.,,� r„ K� <. .� w;`�`•r.�-E }.r�r "t. ,.�- � x • a..�� r MONITORING WELL s '�Y."^^,� ''�. ��. r�. .r ^•w,r ,: "x' Sa... p c"^'� .r y"'t ti"rn > " t r a { �. r .. t. `z`.: u w F -+r :�: .,� �" •.4• y .fin s ri'' .; t s JEFFERSON CAD PROPERTY LINES i r ▪ • -�r+ 'y, Ga F3 s�'aif '- fi' ,� a.�c,�..l..�'`.. ,.x,. .:� .: . �.��.� �.� .�'.� ,........:.w ., R . - c. T£ -�▪ *` � , 'trytS�M^"'•� :x- ^ "'.. ;10FE•ET_•" ,. " � ^,,;,.. �..� �� x �� `u` 4 CIOF'BEAUMONT ROW(WALDON`,ROAD) • z� bb �.. .r�-..r ' "S'� } 1 :> 4 ,r,�,,,y -..++c"•.r.si-- -._. ..sa-aa.r..*a..�a�1 £, ice, , ,«.�.s::�`?t.-.'• a---^ rs--..'^."'i""iP r. ,a.'"i. i.2uc +C 1-tp$ ...,• H' r ,7^a. x .�3 .t 'r 1Q ..,,"".-. ,..— f,.t f..5-. 4� s x x�,g. mi.,�•, .[ '�'0°7 a.P r<t r 'g'�,!'i`".. + # 1 ,,.,-+r.�h-- -w w▪ .� j E t 'f.a ,�rn• r','. r lr,: •..."�" 4"``*,� 'i�''!fi k r�ry'w ya "i.t.,'-i„ s. „y_t't ,e. y�.I A7�, -'SL a'` y3 v;z� )�? a' 'si'" eyj`� aey. :. ° „a J f T: ,',#.,v. E �.'1 - ...:s,4� l, 'k▪ f r JJ >n r IY� f w',W.' u .ar r 1 et` vr. �� l sr.� fa. 1. rt t s 1 .-v'7h ;. .`}' r �� V �, t r '� T y 1> n SFr �k Isrr. hi "^E r t• s ;a.,.2-'7 ;.e = �fi��p , ^t1'a��;7. r� 4 ii ...,5{�( "i'�.<�t; Y e. r�Y i • s.` r. y'' ^x � .y Nfe l�" .r A': p` �+"'��3 Cal 1 `.'sa• au's '. st< • Si �?M�i- *., 'r3+t r , t = ,'�' ' {;-T.q YD, �u F"'rM�541� 3`'yT ti3 CITY OF UMONT'' y. +' L '. �" � 1��,,agf_f" -97 f. �f ,r, h. 4,1,• °i`, . 4 Id '(6375 WALDEN ROAD){kwy 4'"` j }•4t. .p. - - �,. .a1' v a r b rt aw.t +r F�, r q -'�" ... -aaR. .— • I i v •k �r f , ,.rtiT r,r �,,., rk?x- �f .c..w F. C`7 -*If L:r s. a; (�` :-..-+' r , .I c 7 ,v� -s kxrr G''�t; L'>" 2 4'x R'" `.'? V ' ` } ;' f „ .2mrF� �i �,,,.1,.;, < '�^1 1 ram. <t vim,, t.STIVERSPARRLPi -▪ I .. Tr r id .. ' t,. ...- f �' t g s ma .,: tD d ti e- y.?`- a .+•+c ae rt �..4,i4, rt'�1r,,a 1 �,,, r",_ '4- u'. fit: f a k.S, ,ut;j•-..'•-� a _.It�'v �'' $ '.t of I f R l.1. 5 SITE. '`r '4�+ ttQ ','S� �,4 i.'�+',` ).n► i f` '�+. `,�▪ � r yet c+ p--,.. (6355 WALDEN'ROAD) , t�'. ~"'Pi fe 'at *� xx i ce .... d4—::._ a 1'. y ;' L_ ,i, 40,' -r 7 t �. t t t s .«▪ s V$ ▪ - : r .J, f€ 1, n1 t o" 1} " '"°- '� ,. �" c 'r �''•ti -�?r�`""'r"` "�` r �':,,,,-,7r.7.'„,,,. ....:".iwi, 'PROPERTYBOUNDARIESOBTAINEDFROM �,rP, r ,., Krs��'"rt"k"`his x > J cm R 64 G 6 .g,t; -"'>• �., x a y.t�:at 'C ,, .,rS,y,,f^t s,'tr. ' rR + .` t � �' x 'y,�tRz �� JEFFE1150NCOUNTYAPPRAISALDISTR1Ci+'�� fit;it 3 �'� '� art � a` 3�5 a 7' }},+' ,� f y. P + c y t '•2 � z y'c c'4`,.>rt's"+ry ''" • F ' WEBSfTE.^4 t .�� F 'P `S'". -+e4' `, y _ C .. .,.6 .! „v'• Y' a- -.-.Z . ,u ,,e`' '�r..4,,-.. ,i .F-" h �y� .�ixl+ r k r t e, ,�e,� + ..2e r„f 'r y ; r f Cad-k�r n.�, r. cH"^ 'ft; ti ' E ,Sx -. --- •-y�- r- - Apex TITAN Inc. 03. d .+"' 4wY '�"Y k i � '.? t3' f Fah 4 bs , P i �$�.$tti TIJ") .�,n wrrww�"r.+� v r .,n ® eSmA m.cem.rro �a W 7 f4 �< `}<3M. v1M Jai . t ,' 1 -.•r: xry h• {•` t „f 6.e A�aarb.Ton w ,d.'S s: 'w s 9 +; 3 . / '- >4' vu T , rema•profwann �µ 2I' v..;,1,1�taF'*^i,Ps. ° S a nr. 410,....; T ti7 �`(T mot• t rot+ ..a..rRw.�, h ,,�{ q d x 'h 4 AMO.Idry NAprt Compef�I,LLe r zit ,e.tVF'df.r .�Y, S e p y .}' I �d 1 -LTy" '.YR�e�• 'S� .'4�? "�Si..r' C „cr? '�a+r"""r"aa .� Xr a 3 .f h 'Jr" ,', C ,., '�• a f f i .r,s• i ,:q.. "t Ente rise Logistic Services LLC 4'�i '� � � � 4t as�,e �. :4T-'•-•%4111:125:4C:15"-il.P.2.i.:*A''': ram»>� �� - c$ 3�i rP B�u t < aC [3 i; A �,: )C•.. rc --' xti BeaumontTerminalz �. � ,1 n, d i t f, a 1 .., wq `;wu "-• �}' ti,`;' :al. • ,4 3.`,'J y sT`:* "ry + y a. €.,..�.i` '. .ti 1� ,� ,".7. S Ir "'i?) .m 'f„t'4`r`.' `^t >`" 'hr;{i- 6355WaIdenRoadf� �r x+.��' ,.i.o t JF.��.„, «i; ' '`t".,:r rti< ,"�YCi,t"'; �ik'+;lti it :'ss, (�,w,F�n I 1'.y; Y=,acaiix; . x«�3^ ., "l :�• a"� '„}�.�.. ".a-' s k 3 + itiA BaaumonL Telos • n:} J,a '^•4 '�,, + >.y..f.� `,,;+ " s+' .,,- v.,.+... . 3 'Y I*.•, _.t... bet � ,.. •.Y--,r,:l.:. ', �.„ /' :d 1" MP"< ''+� a. ,.,L wF ,' i, .+" a r.;A,`_ ' � ' - 43, f ,,-, s `•'# °'p'.''. a i.`.*.:::::::::::" " ,i>... a� " °.riy.<. ?^f' .• 't, x. Jy .`+7`i v , sK' ' +.9 � br 2 ',r'9 rz '�C-' .C�.+ rf+'!µ a` Syam, �F -+F P 4 .. f r _vi n:.4S £`$ '' 9a .! 'Y'r ita'` yS 1 F .1 ti �a I., .,-5% m .x.' aT? k� s:�+ �, •s,� �,r.: • z�? M, , " x .� s*:•, .r a c• oxa� y vt * 7 u � a { ,, Wfx, t ry t, M��eya,.. .,Y +t b, 1'"F �t '�� a�^, i"J.#ri..n';<, L 1 t FIGURE 1 c y b e'':�c ,ti > .. �'h,.€'R,z - .. ' ' °C r„r a"" t-.s a "' r t .,+ oY .? ��r Y"rs r r < o so foo Off-Site Monitoring t.��7§ ° : 'r w' ts:r FL.' b`y-"ae +r 4.<4'z�+`J*;+�, �dr c, ��,f41-Y A,f+d4: t, 7'. '. ['3'<?' �." "' t%�,. .,,*'.'�'m t. .,i � Well Location '2'1, r', d a s X=��,' 'Ir%"Fs a us 7e 3, ;' r f ' o f t �Y> �k�` 'fir 1^=100' ..3.. 3^"�.'At..1 +.,:'-' r .h+tt'....-S�aS tx,.:>"wY'at .Y„5, ':...t:s5x < . . r�3 ii..�=4 �.. x +� t' � 4'c r �F aV+ewm�sowhV�iMW�n,vaaoo7�raVao�uroa�flw..fi.�.an aoN�lra .. .. ... ... CEMENT/BENTONITE SLURRY PLUG PROTECTIVE LOCKING GROUND STEEL RISER SURFACE t t 1. t I's tR,c V1 ie'' CONCRETE PAD N.1:r0, r.'w HYDRATED BENTONITE SEAL i .; ;4•d = (-2 >;„;a `' APPROXIMATELY 2 FT SCHEDULE 40 2-INCH �L2 =,_' '1-• DIAMETER PVC RISER PIPE nr — iir"rt — i'.aV ..}: "; i• t''' „4ra: - r ti APPROXIMATE • : WATER LEVEL i� .,':' — x'.°•a ..;�r? ; ate —. ;d:.;?i i _:`lit'1. .44 v:,,r- r 1 Y6 33:1: — ;a''I"ai. "•1,)_ _ t,t: S-!'t.. r xr. _ ;£','� APPROXIMATELY 22.5 FT SCHEDULE 40 2-INCH r..., ,).fir DIAMETER PVC MACHINE SLOTTED(0.010 INCH) 25 FT ,?t'i— 4� WELL SCREEN WITH THREADED BOTTOM PLUG r t,—. — ,�ri nk '1,r ' — :?- .r.ttEl.. — !lc...;: .'f-' _' - T:- s it:;* f-4 GRADED 20/40 SWCA SAND ., r.-4* „+ e . - .,. K71 6.".4, —i b�. : ¢'fir—fir.?��.tt Y•.. •J•_. aS :.— • (`4 `.iix Vt.!,- 1?..e T r Exhibit "A"-Page 2 Enterprise Logistic Services LLC Beaumont Terminal 6355 Walden Road Apex TITAN, Inc. FIGURE Beaumont,Texas ,. 7s7s Broadway Street,st,tle,00 4. San Antonio,Tama 47.694121N,-103.259223W phone:(210)804.9922 GROUNDWATER www.apexcos.com MONITOR WELL SCHEMATIC A Subsidiary of Apex Companies,LLC Project No.7010213G020 Z.\Houston South\Dndting\San Antonio 02\2013\70102130020\Wdldfagram.dwg 09/19/16 11111 Lc"s 101603536411111111111111111111111111 LICENSE TO ENCROACH STATE OF l'EXAS X ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON X On the date last indicated below, the City of Beaumont, a municipal corporation, of Beaumont, Jefferson County, Texas, herein called "Licensor" and Enterprise Logistic Services, LLC,hereinafter called "Licensee", contracted and agreed as set forth herein. Licensee desires a license from Licensor to use that real property (the subject of this license agreement) described as follows: Monitoring Well — encroaching onto the City right of way situated on Block 4, Tract No. 2 and Block 4, Tract No. 4 of the T H Langham Subdivision across from Fire Station No. 5 located at 6375 Walden Road, approximately ten feet (10') North of Walden Road and approximately 0.5 miles West of Interstate 10. Said encroachments are shown on Exhibit"A", attached. NOW, THEREFORE, Licensor hereby grants to License a license to occupy and use the subject property for the purpose of installing the groundwater monitoring well, subject to all of the terms and conditions hereof. Licensee shall notify 811 forty-eight (48) hours prior to any excavation at site of encroachment. Licensee shall notify the Water Utilities Project Manager at (409) 785-3017 or (409) 785-3019 for utility locates forty-eight (48) hours prior to any excavation. Licensee shall maintain a minimum of ten (10) foot separation between the water mains and the monitoring wells (OD to OD). Licensee shall maintain the said monitoring wells in a good and safe condition as may be required to protect the public from injury or property damage. Licensee shall upon completion of remediation activities, properly close said groundwater monitoring well, with plans subject to approval of the City of Beaumont Water Utilities Department. After three (3) years from the date of this agreement, Licensee shall notify Licensor•of their intent to continue using the monitoring wells. Such notice would be sent to the Director of Public Works, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Subject property may continue to be occupied and used by Licensee solely in connection with the existing structures and for incidental purposes related thereto during the term of this license or until termination thereof. Said license shall terminate upon removal or demolition of said encroachment. Substantial improvements shall not be made upon any encroachment without first obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when and to what extent such improvements are to be made. A copy of this license shall be attached to such notice. Substantial improvement means any repair, construction, or improvement of a structure, Page 1 of 4 ,1 damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any portion of the structure commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any projects or improvements of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or users of such structure. In the event the City of Beaumont, by resolution of the City Council, determines it needs the subject property, or any part thereof, for the benefit of the City or to protect the health, safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall not receive any compensation and the City of Beaumont shall not be liable therefore, whether for the value of property taken, damage to the abutting or remaining property or improvement, loss of business or profit, loss of access, or otherwise. Licensee shall at all times indemnify and hold harmless Licensor and any franchised entity of licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner from the construction,maintenance,use, state of repair, or presence of such encroaching structure. Licensor, and any franchised entity of Licensor,reserves the right to make improvements, perform maintenance and construction to the right-of-way or premises covered by this license where such is deemed necessary for the health, welfare and safety of the community. In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against such parties for any such damage sustained by Licensee to said encroaching structure or any abutting or attached structures, improvements or land caused by the removal or alteration of any encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of Licensor any additional costs resulting from the encroachment. Licensor will not be responsible for any damages to any structures or improvments if the sanitary sewer main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. The Licensor shall not be responsible for the repair and replacement of any paving or other structures within the Easement property. Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be responsible for any damages to the structure if the sewer main should ever develop a cavity or due to any repairs to the Licensor main by Licensor crews. The Environmental Contractor will be invoiced for any damages that occur to Licensor sanitary mains during the installation and/or removal of any of the monitoring wells. Page 2 of 3 As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of Five Hundred Dollars ($500.00). Said sum being non-refundable. This license shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than thirty(30) days prior to the termination date, therein specified, and shall be recorded in the Real Property Records in the Office of the County Clerk of Jefferson County, Texas by Licensor. This license is neither assignable nor transferable except in conjunction with, and as part of, Licensee's conveyance of all the abutting property this license serves, through probate or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by being delivered a copy of the document or documents conveying or leasing the same. Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Enterprise Logistic Services, LLC, 1100 Louisiana Street,Houston,Texas 77002. IN WITNESS, WHEREOF,the parties hereto have executed this agreement as of K the / J day of /Uovg,, -1,- .,2016. LICENSOR: LICENSEE: CITY OF BEAUMONT ENTERPRISE LOGISTICS SERVICES,LLC L By. By: /0192/-- Kyle Hayes - City Manager Printed Name: adF LA I R Title: Mal IA"- Pagc 3 of 4 ACKNOWLEDGMENTS STATE OF TEXAS X COUNTY OF JEFFERSON X ,�// This instrument was acknowledged before me on the IUD ' day of /V 01+` it/i er , 2016, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of said corporation. • • 4614, ANGELA-MARIE THOMAS VAI My commission Expires y December 7,2016 Notary ublic, State of Texas 44 or if, STATE OF TEXAS X COUNTY OF HARRIS X This instrument was acknowledged before me on the Oday.of Hover,ber, 2016, by Paut ()• Coot- ,APorney.Z'n Pea-ofEnterpriseLogistics Services, LLC. N�, 1 blic, State of Texas RETURN TO: City of Beaumont On", JASON MICHAEL SHELL Antoinette Hardy-Engineering o ;� �?"•••��' P:0.Box 3827 _:; ,s Notary Public,.State of Texas Beaumont,Texas 77704 "`a%. Comm.Expires 10-31-2020 �l;;gLie Notary ID 126711165 Page 4 of 4 • • K '?f-.' • ISC'RIDPERTIESLLC I k ▪ trz. w._n LEGEND MEGAS P,MEGAS PROPOSED OFFSITE�I.Fl 1 S .1 - o i t : d J '~ • 4 _ �1 �y1 (6350 WALDEN'ROAD) i I m. 4''s`4 a r INVESTMENT LLP MONITORING WELL5`v . . ,s '.4 #r . `,.rMEG S• C' + •M,.• ,t PROPERtt BOF-SITE ''r '` • 3 mE {' z • ,,., .. i .yiPw''-* `s r �y EGAS'CON▪ST9:''''' ' • •• •r. t,y,. 4a $.}a �.* ,s �, =rf r ,� ' r .. I I:.. fn k 3. ;ti PROPOSED OFF-SRE ..;. .+? xy •- •� •µ .. SIIr� "'z`x{xdr- 'M`"�>>� ,.�s.`.ti. J %•x Y MONRORINGWELL " ' : ' E• � ' - ,,, ` �.� y L:} + .r .��. �• 'fr..� .�..� -••- lEFFERSON CAD PROPERTY LINES ��_ _. ..- C(�OF,EtEAUMOIROW(WALDON ROAD) 3.0 -3 -t"-�'' r t,�+'�,41 �'k t +'�`wt"i kwfl'L•s� 3''"'"1.r_ 'f.".:1{4h.«•..__- .r.,.�- -Q.) -z, >: ti? F y, �. ,a.;k „'y " .: 1;R �: ra.,+ ` I�. L j4 r a>r fit` �"f"c' 7`,rJ'"" ? $ r:.` t -„,,'wE'k„ �•':i4 m S+ �r,,.f f..-. .`f�,',yYt c 4 r"E� 'f"� iA�. v ,�3 h i ' :. ^Z Ci n. .t.f q'▪its::j '!2 ��.+...,:ce..1�.'lcs.� fit p7'� t':.'i1. � r �� 4y� r it gt`+' � s �,k�3g{ sir. -w rf �r tt" .. 7•7. rr �Fff� v • fn^ F y t S sra r t"' R {.'� i,y F b td �, #' eT d '��„ i s 7 Y"k �,nl� A °1 Y.:,t.Cw {::#: J�. Z' �t .":�r ......,{?+, G" .4' • f p.s a s r•' " 3.4 •7-2 '1' ,r a Y fr=. 3 ` I` "'!."3 _ pa,3 , ` ' xks,�a Y• s Y i�t CITY DF BSEAUMONT d +r . •y`"� -' ,IY � 1�a • e t t t I �(6375 WQLDEN ROAD)'"' b `* ":x :.M a • _I` " Sw ' i r x S C",i,y,,,•r 'fy _7•, Yi Sx "• e f�3 '�` v I rtr• t^, :'_ Lam. w r • p STIVERS PARIr,LP� IL t it fk. �. i ,r+ ...zr z CM'. Fly t ,y-xC i.. I v ; s.Fit ! $ x SITE:'.. • i, ` }y,, (.r�•, (6355 WALQEN'ROADJ, A ""�,' >•' - v Ica.., - " i.� - •�,..„e• C ^ P _ . . ,.., }i it n1i�+'? ? t $t r" . ' , ��.:� ""'. �. +r r�1 J"'P+' * '^ y.. I,/�i5'1,1 } a � . =�, '""`d "'� ` % .� �,; „ C.y_ '4 `'vtr t' .""' ry PROPERTYBOUNDARIESOBTAINEDFROM'x '^si "�€:�F �"� �'r�"" " 4 _, L S 1, >3x � „r%"` "`'• �'+"' tJEFFERSONCOUNTYAPPL DISTRICT '�` r. � £`"�'3 '`'rc i : � � »: ^s,,. 6h>x - ) - ... .T x z` .yy,, t WEBSITE. C ' iz '` s.}YTS» �f t r""--: ;• "0�',y { t�z a ay„`''`a �' 5 B„ '� x �����' J � .c- • t.P ri 'Y fib" „3. k° c �,� Qz .2�•,t..* ,tT.✓ F . q i .✓wr.. Y•¢ �°i d.n3F . �r +„��' T'2 .?ffii'"y,c t"-•°'1"5n $,^... `r' Yr*. a!'p''-�' �zj rv,- 't'; ,iF 1 �'� Apex Inc ,r�"r' K fi`k F,� '�,`' ..'"h'k4•" � f_.r ,R +a ! S ,i< g {t v �1, x') r mmm r 1 ,"+,xa,d^ r h Y` } �"rbS, `'�" f�+ ,.. c. ;- • Nors�.H.sum.tm4 t y r ' ,,r .m h „v,�` 1 ' ' ' 44 t '.. rl+ h� "° • „n y r.. Ome m0 rw.rca.+t: "ra "# x"'r .:+'ri s > �` , 17 -`� ',x', ' xt t r? }.. u ® w..r.AmmNED,<t t r�Tw. > Y'r,4 2,t > .a., T tx a ;;. \ ' F...i r. Pr 4 Y,. f JR ALa, l'vApriC•m tte v p'�,,; Frx n .t , '' �, .+ f. ,.ctt$t,.�tw'4:. ,+re k y�.+ .. ,.._ 4 •( .�1 ,r1� ...,.+: s ...,, ,e}+-,,.1 .� ,„„ w , . -•r.t �a,�vrx i:. s1�`r>. '"�" t r ,.. ;?. , - Ltt ''r L 4s • t " Y,-r•,✓ ,�'�'..�°3,x ,rx '�'§"£ 4^ "a+ a, ,fir ,.:Ci�` l u '*"F' .hr *� ".r. ,� - t .'. tr, !y 4 a,.9R raa g p �, ..,,t ,_,"V , : ``k�`+y -� ' 4a Enterprise Loglstic Services LLC )' ���}�% �r^r'�+r, ��v1�r^��'`�-d *x v"'.�,`a.:, x � �.:��. l�r,r ` y} , r Am��fav,•, tr gipp: �'» �~`rf'} ��� r����- 8eaumontTenninal ':� 3,�$� �r...i, F�""i a "txl 'r f.,e!k:' } 1" ,':,{� t� 1 :'...°�''- '� "' .;f.s31'$ f;! Sv71..,, `Yw- 1 ">:�';i�r-. r,`4tr: 7Z.M_ �,,er !'`rka"`� 'h. 'a.:a,i -e' ,<y'7^ �.,� A,'� bi �.. +l;„ .:I.c.,. t7 J. F 'S,- f i.11.� 'Y.. +`` '. �'"jr3" Y} , . ?r-• 47.6 Walden Road ,i r ,''C' ;41c /''' '. K =t. 't"- cx?1'''^r t "x.". ..,.,�...t.K '. 'S. { '''(S�. '{ 1 t1 f:r, WG!• ?;., -" .•r. �' kr., S f K . •z a _ sr ,•J ., • .� ..1�' f r a eeaumon4 Texaz �:.sa l.✓" s, "G,..t,ry F 5;.F3 '.. ..�u.,.„ ,. 1 y ii..,t x t.., T � ..j'..- s�-+�'l r&.�- +�„< �x5lwev,'T (' °eS�.a',±}�,� �,`' �1 c •3�% � ;:"�i, i. C>«r: c.�".,'� ..c•,�, ."f�y7}•,i.��.'�" .nsU��w " , ,. �� 47.694121N.-103.259223W '+f .4-', e }'p 1,!(,• '• 'try, 'k} .?y. , _fit ) ,,.,.. 4 _ � , .. A.,.» }Y:. k• `�'-' M R„v-:.. .,r ,-r,+, tr..:Wy k ,,,.,,,,� y , .;i•- .{�"". {--- �1,zT• ,}�t' ..�•k' .J-.' r .r..,,. yb ',:" t' z. .,. 5., '.�•„. :; , t ,t,, t 'rr,'�. � T y t' E s-'4:, l..-` , ,".. r ir" 4 • < '.^'-•<t f . . ,. . "• a r ,�`- F 't,. a i +: . ,,5. 0 �: �3tC ;,n j? Pro]ett No.7030213G020 $„ �F"',41:•4,�ffj"t. -��.�+1�� � r. ,�,a�F2�'��yr +�,C:R..,,•',f� K 'bf�•�,y�}", 'et7.m �v4.F}': ,� Y.''1�'.K f�+t 2„ LF� � 1d'•'�'`A i}r � i�.''�. *.�y . r aa• rri - ,' ,',i4X.:t;,,"4"[ -t,,;�., s" i" .,,c' ``:, t "'%sP"i1" '+'..a`._,,,,,p rE "" +yr .4.. " 1.t,,,,.%k :a�C# 2. ,...%,..., v .3 -"`, .t l +s ' v.'1�, Bb'`.»S r ^t #��4�"V,,,,,Pri7F .f-•t O �. a,•rL .•+-.: -M,ti r .+�. :r :.,..?�, ,^` 3 ,t '9;c'k. '•`�,.'4,..i/. 0 �...w 9 py iti .sst v� Y �S �.�'+rk�'7t7;f����` :�'aT �,,�*y.«q•�,'4" E "yts��.`w�',tip ..sf,'�'?��0.•ay e:•,:' '�'��'�,,,jja�" }'� t4 �.a,. .,-�•�!�..y*w'�'�^,�...dtN �x ..._.;�', €'Z f'.i -t•tt F, mP«' '; i.+".y1• ' .,,bl."' 4.!'�' `,v✓'"I"+,i. ,. „+ `.,' m;"W:x '%4 "".4 .;ri ?.., 'A >v tkMi . FIGURE 1 ? . , ,'4;r4. r :x J,.rs, # •, •mac:, • ., pry OffSite onitorin , w'.yfia {•"} Ch,� 7� .x 5- ". ^946a.,r.4. ,h t �,:x Y� "V`q,d`$., {'v r . 0 50 700 ' nF tFp, & Rx t $ [x1,;,,5• � ti ;� b -...'M r,- E +4 l Well LOCatIOD g la. .-..,,'"ik. .r.aloo.th. �.�y w' .�„ v `.X`�..'A7ti r ; ti. vi,,.' fG .t.? .un' '7�, S �, < �, ,.1 �" v. w., ti ��.,[VmAnunYT.V013 bwo0.ro . ,- .:r-�.. 7.V1•ww<,qh W 1F'4.,. A. _ r t.;•s�t _ .. �.R: , • r,. +'i,.�a�ra+'+�.�.'",'�?,_ N�:..�,. ,_.�.._�.._� IFCadR GPfi9/16 _ • CEMENT/BENTONITE SLURRY PLUG-1PROTECTIVE LOCKING GROUNDiSTEEL RISER SURFACE L '. 41.•f S :f__', ���1=.i Ii/ :'a .�•�:n�:4: al4°r 1y_Y .', �raj CONCRETE PAD HYDRATED BENTONITE SEAL (_2FT) „�'< r-4 APPROXIMATELY 2 FT SCHEDULE 40 2-1NCH 44 s-F DIAMETER PVC RISER PIPE _ — APPROXIMATE WATER LEVEL —'r 3 des:_ —;,vj7:. • - r �1 — t (•i.r�w:. — (}�. 'fSt. t44` A 1 ' APPROXIMATELY 22.5 FT SCHEDULE 40 2-INCH — ,T •? DIAMETER PVC MACHINE SLOTTED(0.010 INCH) r.; -.• .., .I)1.. — a''t WELL SCREEN WITH THREADED BOTTOM PLUG 25 FT " 1I14 r_ .7 n a ++' • fqi . r • 'her jr-1 f 11:`� —.^ R4 :i _lY` ? - GRADED 20/40 SILICA SAND .ri 4 — r•t.[ll. • r 1r; arc,:'; • — �•�� '` 7yi•- — ' t r'{{;?- — •r1 J Exhibit "A" —Page 2 • Enterprise logistic Services LLC Beaumont Terminal • 6355 Walden Road Apex TITAN, Inc. FIGURE Beaumont,Texas 7979 Broadway Street,Suite 100 San Antonin,Toros GROUNDWATER 47.694121N,-103.259223W Phone:(210)804-9922 wwwaPaxcos.com MONITOR WELL SCHEMATIC A Subsidiary of Apex Companies,LLC Project No.7010213G020 _ ZAHoustan South\Drafing\San Antonio 02\2013\70102130020\We11diagram.dwg 09/19/16 Texas Commission on Environmental Quality Texas Risk Reduction Program Restrictive Covenant STATE OF TEXAS § COUNTY OF JEFFERSON § This Restrictive Covenant is filed to provide information concerning certain environmental conditions and use limitations pursuant to the Texas Commission on Environmental Quality(TCEQ)Texas Risk Reduction Program Rule(TRRP) found at 30 Texas Administrative Code (TAC),Chapter 350,and affects the real property (Property) described in Exhibit A, which is attached hereto and incorporated herein,and identified as the"Property"and is more fully described as follows: BEING A TRACT OF LAND IN THE SAMUEL STIVERS SURVEY, A-51, JEFFERSON COUNTY, TEXAS, CALLED SMITHS BEAUMONT CITRUS FRUIT GARDEN ADDITION TO THE CITY OF BEAUMONT, JEFFERSON COUNTY TEXAS,AS SHOWN BY MAP RECORDED IN VOLUME 3, PAGE 17 OF THE MAP RECORDS OF JEFFERSON COUNTY TEXAS. RECORDED DATE:AUGUST 4, 1911. Portions of the groundwater of the Property may contain certain identified chemicals of concern causing those portions of the Property to be considered an Affected Property as that term is defined in the TRRP. The portion considered to be Affected Property is described in Exhibit B,which is attached hereto and incorporated herein and is more fully described as follows: A DESCRIPTION FOR A 0.19 ACRE (8,239 SQ. FT.) TRACT OF LAND IN THE SAMUAL STIVERS SURVEY, A-51, JEFFERSON COUNTY, TEXAS, SAID TRACTOF LAND BEING OUT OF THE WALDEN ROAD RIGHT-OF- WAY(R O.W. —90 FEET WIDE)AND A 60 FOOT WIDE PUBLIC ROAD IN THE SMITHS BEAUMONT CITRUS FRUIT GARDENS ADDITION RECORDED IN VOLUME 3, PAGE 17, OF THE MAP RECORDS OF JEFFERSON COUNTY, TEXAS (M.R.J.C.T.), SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH RIGHT-OF-WAY OF SAID WALDEN ROAD,SAID PUBLIC ROAD AND THE NORTH LINE OF TRACT OF LAND BEING PART OF TRACT H,A CALLED 2.5149 ACRE TRACT AS CONVEYED TO SAG LEASING, INC., RECORDED IN INSTRUMENT NO. 2013003429, OF THE OFFICIAL PUBLIC RECORDS OF JEFFERSON COUNTY, TEXAS (O.P.R.J.C.T.), FROM WHICH A 1/2 INCH IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID TRACT I, RECORDED 1 Exhibit 4 IN INSTRUMENT NO. 2013003429, OF THE OFFICIAL PUBLIC RECORDS OF JEFFERSON COUNTY, TEXAS (O.P.RJ.C.T.), THE SOUTH LINE OF SAID LOT 10, BEING THE SOUTHWEST CORNER OFA TRACT OF LAND DESCRIBED AS 111E EAST 175 FEET OF LOT 10, BLOCK 2 OF SAID SMITHS BEAUMONT CITRUS FRUIT GARDENS ADDITION CONVEYED TO MASON EQUIPMENT,INC,RECORDED IN VOLUME 1475,PAGE 380, OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS (D.R.J.C.T.), BEARS S 34°12'28"E,A DISTANCE OF 732.81 FEET; THENCE, S 87°06'01" W, DISTANCE OF 134.37 FEET TO A POINT; THENCE, OVER AND ACROSS SAID WALDEN ROAD, THE FOLLOWING FOUR (4) COURSES: 1. N 02°19'54"E,A DISTANCE OF 78.75 FEET; 2. N 72°19'21" w, A DISTANCE OF 51.67 FEET, FROM WHICH A 2 INCH IRON PIPE FOUND FOR THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED AS THE EAST 175 FEET OF LOT 9, BLOCK 2 OF SAID SMITHS BEAUMONT CITRUS FRUIT GARDENS ADDITION CONVEYED TO MASON EQUIPMENT, INC., RECORDED IN VOLUME 1397, PAGE 390, D.R.J.C.T. BEARS 84°46'13"E,A DISTANCE OF 732.81 FEET; 3. S 45°57'09"E,A DISTANCE OF 122.52 FEET; 4. S 02°39'14" E, A DISTANCE OF 2.40 FEET TO A POINT IN THE NORTH LINE OF SAID TRACT HAND THE SOUTH RIGHT--OF-WAY OF THE WALDEN ROAD(90 FOOT WIDE RIGHT-OF-WAY) TO THE POINT OF BEGINNING; SAID TRACT BEING 8,239 SQUARE FEET AND CONTAINING 0.19 ACRES OF LAND,MORE OR LESS. This Restrictive Covenant is required for the following reasons: The Affected Property currently meets TRRP standards for commercial/industrial use. Based on the reports, the chemicals of concern pose no significant present or future risk to humans or the environment based on commercial/industrial land use. No further remediation of the Affected Property is required by the TCEQ as long as the Affected Property is not to be used for residential purposes. If any person desires in the future to use the Affected Property for residential purposes, the TCEQ must be notified at least 60 days in advance of such use and additional response actions may be necessary before the property may be used for residential purposes. Persons contemplating a change in land use for the Affected Property are encouraged to review the definitions for commercial/industrial and residential land use contained in TRRP as the definition of residential land use is broad. The Affected Property is subject to the TRRP requirements for properties with an area overlying a TCEQ-approved plume management zone. A plume management zone is defined as an area of groundwater containing concentrations of chemicals of concern exceeding the TCEQ-approved 2 protective concentration levels, plus any additional area allowed by the TCEQ in accordance with 30 TAC§350.33(f)(4). A plume management zone was established so that the chemicals of concern in the groundwater are managed such that human exposure is prevented and other groundwater resources are protected. The attached Exhibit B provides the location and extent of the plume management zone and the attached Exhibit C describes the maintenance and monitoring required. This maintenance and monitoring must be implemented unless and until TCEQ approves some modification of those requirements. As of the date of this Restrictive Covenant, the record owner of fee title to the Property is City of Beaumont (Owner)with an address of PO Box 3827 Beaumont,Texas 77704-3827 In consideration ofthe Response Actions by Enterprise Logistic Services LLC (Responder),approval ofthe Response Action Completion Report,and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Owner has agreed to place the following restrictions on the Property in favor of the TCEQ and the State of Texas,to-wit: 1. The Property shall not be used for any purposes other than commercial/industrial uses, as defined in 30 Texas Administrative Code, Chapter 350, Section 350.4(a)(13). 2. Exposure to the groundwater underlying the Affected Property for any purpose is prohibited until such time when all the chemicals of concern no longer exceed their respective protective concentration levels. The maintenance and monitoring described in Exhibit C is required. Any modification of this restrictive covenant is prohibited without prior approval of TCEQ. 3. These restrictions shall be a covenant running with the land. For additional information, contact: TCEQ Mail: TCEQ-MC 199 Central Records P 0 Box 13087 12100 Park 35 Austin,Texas 78711-3087 Circle,Building E Austin,Texas 78753 3 TCEQ Program and Identifier No.: IHWCA(SWR)31854 This Restrictive Covenant may be rendered of no further force or effect only by arelease executedby the TCEQ or its successor agencies and filed in the same Real Property Records as those in which this Restrictive Covenant is filed. Executed this day of City of Beaumont By: Name: Title: Executed this day of Enterprise Logistic Services LLC By: Name: Title: Accepted as Third Party Beneficiary this day of Texas Commission on Environmental Quality By: Name: Title: 4 STATE OF TEXAS (JEFFERSON )COUNTY BEFORE ME,on this the day of ,personally appeared ,of the City of Beaumont,known to me to be the person whose name is subscribed to the foregoing instrument,and they acknowledged to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of Notary Public in and for the State of Texas, County of My CommissionExpires: 5 STATE OF TEXAS (HARRIS) COUNTY BEFORE ME,on this the day of personally appeared , , of Enterprise Logistic Services LLC ,known to me to be the person whose name is subscribed to the foregoing instrument, and they acknowledged to me that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of • Notary Public in and for the State of Texas, County of ',My CommissionExpires: 6 STATE OF TEXAS (TRAVIS) COUNTY BEFORE ME,on this the day of , personally appeared , of the Texas Commission on Environmental Quality,known to me to be the person whose name is subscribed to the foregoing instrument,and they acknowledged to me that they executed the same for the purposes and in the capacity herein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of Notary Public in and for the State of Texas, County of My Commission Expires: 7 Exhibit A Property 8 Exhibit A-Metes and Bounds Description A DESCRIPTION FOR A 0.19 ACRE (8,239 SQ. FT.) TRACT OF LAND IN THE SAMUAL STIVERS SURVEY, A-51, JEFFERSON COUNTY, TEXAS, SAID TRACTOF LAND BEING OUT OF THE WALDENROAD RIGHT-OF- WAY(R.O.W.-90 FEET WIDE)AND A 60 FOOT WIDE PUBLIC ROAD IN THE SMITHS BEAUMONT CITRUS FRUIT GARDENS ADDITION RECORDED IN VOLUME 3, PAGE 17, OF THE MAP RECORDS OF JEFFERSON COUNTY, TEXAS(M.R.J.C.T.),SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH RIGHT-OF-WAY OF SAID WALDENROAD,SAID PUBLIC ROAD AND DIE NORTH LINE OF TRACT OF LAND BEING PART OF TRACT II,A CALLED 2.5149 ACRE TRACT AS CONVEYED TO KAG LEASING,INC.,RECORDED IN INSTRUMENT NO. 2013003429, OF THE OFFICIAL PUBLIC RECORDS OF JEFFERSON COUNTY, TEXAS (O.P.RJ.C.T.), FROM WHICH A 1/2 INCH IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID TRACT I,RECORDED IN INSTRUMENT NO. 2013003429, OF THE OFFICIAL PUBLIC RECORDS OF JEFFERSON COUNTY, TEXAS(O.P.RJ.C.T.), THE SOUTH LINE OF SAID LOT 10,BEING THE SOUTHWEST CORNER OFA TRACT OF LAND DESCRIBED AS THE EAST 175 FEET OF LOT 10,BLOCK 2 OF SAID SMITHS BEAUMONT CITRUS FRUIT GARDENS ADDITION CONVEYED TO MASON EQUIPMENT, INC., RECORDED IN VOLUME 1475, PAGE 380, OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS(D.R.J.C.T.),BEARS S 3412'28"E,A DISTANCE OF 732.81 FEET; THENCE, S 87°06'01" W, DISTANCE OF 134.37 FEET TO A POINT; THENCE, OVER AND ACROSS SAID WALDENROAD, THE FOLLOWING FOUR(4) COURSES: 1. N 02°19'54"E,A DISTANCE OF 78.75 FEET; 2. N 72°19'21"w,A DISTANCE OF 51.67 FEET, FROM WHICH A 2 INCH IRON PIPE FOUND FOR THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED AS THE EAST 175 FEET OF LOT 9, BLOCK 2 OF SAID SMITHS BEAUMONT CITRUS FRUIT GARDENS ADDITION CONVEYED TO MASON EQUIPMENT, INC.,RECORDED IN VOLUME 1397,PAGE 390,D.RJ.C.T.BEARS 84°46'13"E,A DISTANCE OF 732.81 FEET; 3. S 45°57'09"E,A DISTANCE OF 122.52 FEET; 4. S 02°39'14"E,A DISTANCE OF 2.40 FEET TO A POINT IN THE NORTH LINE OF SAID TRACT II AND THE SOUTH RIGHT-OF- WAY OF THE WALDEN ROAD (90 FOOT WIDE RIGHT-OF-WAY) TO THE POINT OF BEGINNING; SAID TRACT BEING 8,239 SQUARE FEET AND CONTAINING 0.19 ACRES OF LAND,MORE OR LESS. 9 0 100' 200' LEGEND RESTRICTIVE COVENANT Timm IRRITT -R- SUBJECT PROPERTY LINE GRAPHIC SCALE ---------- ---- AD OPER PROPERTY UNE a o MW-13 MW-12-------------------Yrum+r+aw---- _----- •-)---o- CHNMJNKFENCE EGINNNG O7-.00 -�--- '' '-- -- (90'FIDE RIDHT-OF-MA1�-_.-.---e7 WIDE PUBLIC s MDR10N P.O.C. POINT OF Pow OF BCOMI ENCENFNT (�z CV OF BEAUMONT CALLED me ACRE _ _WEST, 175.00'TR-=--•��- L7--y-- - sMN1u eEwuaNry s PAD 17 EIRJ 67. LOP RECORDS OF f5 (7F22 50.FL) CA NBTO6'01"E --1-y -M,R.J.C3. JEFFERSON COUNTY,7EQS Alk175.00' (C) TRACT D DATE - -------� O -r--� D.R4.C.T. DEED RECORDS OF NBT06'01'E 522.79' JEFFETtSON COUNTY,7F)dL5 L7. •• •T• 1.75' \ PAS. OFFICIAL PUWTJC RECORDS OF FESIWCTTVE COVENANT •\ ••f• NBTO6'01"E 347.10' (C) • _' 2'R QPJT.I.C.T. JEFT7RSON COUNTY,1DN5 FOUID RECORD NUMBER DRECTDN LENGTH - - L. I ..�- P.O.B. I` EAST, 350.00' (R) • .. 1/2'IR (H) MEASURED NB522.10'E, \ CALCULATED Lt SITU'01'W 13A.37' I MW-9 522.10' ` ` CAGE • FOUND B RON ROD FOUND(AS NOTED) L2 N1)219'54 W 70.75' . • LOTS ILBLR 2 Q IRON PIPE FOUND(AS NOTED) 13 N3P3252'E 43.70' I SMITHS BEAUMONT CITRUS FRUIT GARDENS ADDRDN MONTORINO WELL • VOL 3,PG 17 FENCE poor L4 S46.39'34E 12e.32' • a, M•R"1'C'' RAG LFASAIG p CALCULATE)PONT L5 50239'14'E 240' TRACT I I METAL` CALLED 5.0290 ACRES MW-10 I NAG LEASING INSTIL NO.-2013003429 Le 53412'2I1'E 732e1' TRACT 0 • BUILDING O.P.R.J.C.T. i CALLED 25149 ACRES MASON EQUIPMENT.INC L7 56452'14'E 55513' DISTR.NO.2013003429 . EAST 175'FEET OF 1 D.PJLJ,C.T. ec, \\\ LOT 9,VI not(2 VOL 1397,PO 390 '' `\ D.FW.C.T. RESTRICTIVE COVENANT /�p[�� • I MW-11- \ ;, s1JRFEY' CRY OF BFAUMDM 1 IW-•/ G \ v 9 ..�Trb'I.'s•i 6+ rBX '" A 06CRIPTION FOR A ate ACRE(7,222 5a.Fr.)TRACE OF LAND IN v `\ METAL 1.....d '4 r AGOV • THE SAMUEL SILVERS SURVEY,A-51,JEFFERSON COUNTY.7EIGA0 SAID �'. \BUI.DNC to gsON TRACT OF LAID BEND OUT OF THE WALDEN ROAD RICER-OF-WAY(RO.W. I 'o I •apo \ o N JSFFS -90 FEET WIDE)AND A e0 FOOT WEE PUBLIC ROAD Al THE SNOHS �00 ' m• oT: C to to __ m BEAUMONT7. CITRUS MAPR CARDER',,ADDITION RECORDED N VOLUME1.953, •in N O.N ` _ vol --I a' PACE 17.OF THE RECORDS OF JEFFERSON COUNTY.TEXAS mI LLRJ.C.T.),SAD TRICE BEING MORE PAROCIRARLY DESCRIBED AS 'gig,1 MW-6 fOa+0.1 - -'�-- `D oo N MW-8 ,D .. 0 W m \ 0 1V BEGINNING AT A PONT N THE SOUTH RENT-OF-WAY Of SAID WALDEN ` I •=m m ` 0 r, Z ROAD,SAD PUBLIC ROAD AND THE NORTH UNE OF TRACT OF LAND 5- ',. METAL ' TENC PART OF TRACT U.A CALLED 2.5142 ACRE TRACT AS CONVEYED N ' PORABLE ' m `\V!D' z m TO NAG LFASNR NC.,RECORDED N RGTRUMENT NO.2013003429,OF O m ,•,//�� SLEDS 'N N Z iV ` m e/e'N7 THE OFFICIAL PUBLIC RECORDS OF JENNARSUN COUNTY,TFJIAS 'n E. ,14 • O,2 0 ` W/RENT CAP (OP.R.J.C.T.),FROM WHICH A 1/2 INCH IRON ROD FOUND FOR THE o:' SOUTHEAST CORNER OF SAID TRACT I,RECORDED IN RSTRIAIFOR NO. Z 1 MW-1 c• N Z \ • FOUND /OF .� 2013003422,OF THE OFFICIAL PUBLIC RECORDS OF JEFFERSON COUNTY, 0 MW-5 \\ "'(: IAH: TE7f�l5(O.PRORNER THE TRACT LONE OF SAID DE LOT 10. THE DST I METAL / \\ - V tiPr,NE°' '�d.�9 F ET Of L GORIER OF A TRACT OF LAND IMM BEAU ON AS CITRUS EASE 17e BUIIDOtG d `\ y�V,• •.N \\ � FRET OF LOT 10,BLOCKCURV 2 OF SAID SMTIHS B EQUIPMENT. RT CDRUO FRUITEEDKM-.C. .G .•' \ • .• �,579N'N COREY SL{AM10N r/ ////((// SAROF)LS ADO(TTON CONVEYED'f0 MASON 00 IP1/INf.NC,IECORD D N VOLUME 1475,PAGE 36O,OF THE DEED RECORDS OF JEFFERSON 7733ie1 CO TEQS UNTY, (OJLJ.C.T.).BEARS S 3412'2e'E.A DISTANCE OF GMW-3I \\ EAST 1ED7JM'PFMEL�T EQUIPMENT.INC I! qp 5867?�t�4/ S.COREY SHVNON O2/�2D21 \` .. LOT TO.BLACK 2 \,�4,),k•'-DS••I•°..'y0 Fi RECSIERED PROFESSIONAL LAND SURVEYOR TE THENCE,5 e7'De'01'W.DISTANCE OF 134.37 FEET TO A PONT; \ • VOL 1475,PG LBO • . S U R�,`' 5257-STATE OF TEXAS THENCE.OVER AND ACROSS SAD WALDEN ROW,THE FOLLOWING FOUR I' Ect \`\ D.ITJ.C.T. \;�\� �% N4)COURSES 1.N 02'19'54'W.A DISTANCE OF 7e.75 FEET) GMW-4 LOT9 1 •THIN 2 \`, VICINITY MAP 2N 52 3252 E A DISTANCE OF 43.70 FEET,FROM FINCH A 2 RICH SINHS BEAUMONT CITRUS FRUR GARDENS ADDITION `` RON PIPE FOUND FOR THE NORTHEAST CORNER OF A TRACT OF VOL.3.CPO 7.17 �S LW)DESCRIBED AS THE EAST 175 FEET Of LOT 9,BLOCIL 2 OF S_ N. SAID SL9THS minim CITRUS FRUIT GARDENS ADDR1ON CONVEYED _ .•TO MASON EQUIPMENT.NC.RECORDED IN VOLUME 1397.PAGE 390. • D.R.LC.T.REARS S B4 52.14'E A DISTANCE OF e55.13 FEET? N8549'42"E 3.5 M 39'34'E A DISTANCE of 12I132 FEET: ° • WEST, 350.00' (R) 174.51' 4.5 02 39'14'E.A DISTANCE OF 2.40 FEETTOA POSIT IN THE Ep5', 175.00' (R) S5G49'42'W 350.65' (C) r•aB. I SCALE: WM.DFN RD. NORTH LIVE OF SAID TRACT D AND THE SOUTH REM-OF-WAY OF THE 10 BWALDEN ROAD(90 FOOT VOTE RIGHT-OF-WAY)TO THE POSIT EGINNIMI SB6'49'42"W 175.00' (C) 1T/P/ACENI I 1„ = 1 00' FOUND SLID TRACT fE]HC 7,922 SQUARE FEET AND CONTAINING 0.16 ACRES OF I LAND.MORE OR LESS. T�F 1N)NJ.BEARINGS ARE REFERENCED 7D THE TEXAS SUM PLANE COORUNATE SYSTEM,SOUTH CENTRAL zoNE PARENT +O [ E P1 S O L.U M SA/is' NORTH AMERICAN DATUM OF'1253(2011 ADJUSNTENT).ALL DISTANCES AND ACREAGES ARE cm TRACT .� CITY OF BEAUMONT 2 THE PURPOSE OF TES PLAT!S TO ESTABLISH A BOUNDARY FOR AN FASEIENT ACROSS PARENT TRACT(S). WALDEN ROAD A ND SUBSURFACE INVESTIGATION WAS PERFORMED 7O LOCATE UNDERGROUND URLfIDS PMBDI.at44 NIA1II1013 90' WIDE RIGHT-OF-WA 46.. SURVEY SHOWN HEREON ARE S TO l0 AND ME PER 055DWED EVIDENCE ONLY. �p ( 5. sBRNEY s PREPARED FOR AND s TO BE CERTIFIED TO rNBOLUM. ARE AI I SAMUEL STIVERS SURVEY, A-51 A11 EDIBPMEHT AND B�RavEBIENIs LaruED WNTHN THE FENCED AID/IXt LEASED AREA LAVE BEER lDG7ED fr JEFFERSON COUNTY,TEXAS TO THE BEST Of SAM KNOWLEDGE AT TIME OF FELD SURVEY.a1� 7.) 1HIS SURVEY WAS PREPARED WTINOUT THE BENEFIT OF A RECENT'BLE COLANIIENT. THERE MAY EIE //,‘/...„____ pwt y EASEMENTS OR OVER EXCEPT/MO TO TIRE THAT AFFECT THE PROPERTY 711R ARE NOT SHOWN. "MOM'2 OF 7 K BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works &Technology Services MEETING DATE: January 11, 2022 REQUESTED ACTION: Council consider a resolution rejecting all bids received for the City Wide Manhole Repair Contract. BACKGROUND The City Wide Manhole Repair Contract will rehabilitate sewer manholes in designated areas throughout the City. Three vendors attended the mandatory pre-bid meeting and one response was submitted. The submitted bid was significantly more than the estimated budget for the project. Until a bid is awarded the bid tab is not made public in order to preclude an unfair competitive advantage in future bids. The project will be rebid at a later date. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. ' RESOLUTION NO. WHEREAS, on December 9, 2021, one (1) bid was received for the City Wide Manhole Repair Contract Project; and, WHEREAS, the Public Works Department evaluated the one (1) bid submitted and found that the bid was over the anticipated estimate; and, WHEREAS, it is the recommendation of City of Beaumont Public Works Department Administration to reject the submitted bid and rebid the project at a later date; and, WHEREAS, the City Council finds it is not in the best interest of the citizens of Beaumont to accept the submitted bid for the City Wide Manhole Repair Contract Project and that said bid should be rejected; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council does hereby reject the bid received for the City Wide Manhole Repair Contract Project. 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 11th day of January, 2022. - Mayor Robin Mouton - ,,, L BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: January 11, 2022 REQUESTED ACTION: Council consider a resolution rejecting all bids received for a tub grinder for use at the Landfill. BACKGROUND Bids were solicited for the purchase of a tub grinder to be used at the landfill. Bids were requested from seven (7) vendors and two responses were received. Pricing received was rejected due to being over budget. This will be re-bid,upon approval by Council. Until a bid is awarded, the bid tab is not made public in order to preclude an unfair competitive advantage in future bids. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on December 9, 2021, two (2) bids were received for the purchase of a tub grinder for use at the Beaumont Landfill; and, WHEREAS, the Finance Department evaluated the two (2) bids submitted and found that the bids were over the anticipated estimate; and, WHEREAS, it is the recommendation of City of Beaumont Finance Department Administration to reject the submitted bids and rebid the purchase at a later date; and, WHEREAS, the City Council finds it is not in the best interest of the citizens of Beaumont to accept the submitted bids for the purchase of a tub grinder for use at the Beaumont Landfill and that said bids should be rejected; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council does hereby reject the bids received for the purchase of a tub grinder for use at the Beaumont Landfill. 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 11th day of January, 2022. - Mayor Robin Mouton - M BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: January 11, 2022 REQUESTED ACTION: Council consider a resolution rejecting all bids received for a six- month contract for paper products,trash liners, and miscellaneous janitorial supplies. BACKGROUND Bids were solicited for a six-month contract to supply various janitorial supplies that are used by multiple City Departments. Bids were requested from twelve (12) vendors and three responses were received. Requesting rejection of all bids due to Section 2, trash liners. One vendor did not price all items in that category as required. A second vendor has rescinded all pricing due to availability.The third vendor submitted pricing for products that did not meet specifications. Due to incomplete pricing for Section 2, the City is unable to award the total contract. This contract will be re-bid upon approval by Council. Until a bid is awarded, the bid tab is not made public in order to preclude an unfair competitive advantage in future bids. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, on November 18, 2021, three (3) bids were received for a six (6) month contract to supply janitorial supplies for use by various City departments; and, WHEREAS, the Finance Department evaluated the three (3) bids submitted and found that they were incomplete; and, WHEREAS, it is the recommendation of City of Beaumont Finance Department Administration to reject the submitted bids and rebid the contract at a later date; and, . WHEREAS, the City Council finds it is not in the best interest of the citizens of Beaumont to accept the submitted bids for a six (6) month contract to supply janitorial supplies for use by various City departments and that said bids should be rejected; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council does hereby reject the bids received for a six (6) month contract to supply janitorial supplies for use by various City departments. 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 11th day of January, 2022. - Mayor Robin Mouton - N BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works &Technology Services MEETING DATE: January 11, 2022 REQUESTED ACTION: Council consider a resolution approving an annual maintenance agreement with Environmental Systems Research Institute, Inc. of Redlands, CA. BACKGROUND The Environmental Systems Research Institute, Inc. (ESRI) geographic information system suite is currently in-use throughout the City of Beaumont's numerous departments. The suite allows for the creation, editing, and distribution of maps, geographic data, and other datasets that are currently in use by other programs utilized by Public Safety, Water, Code Enforcement, and numerous other departments. This purchase is exempt from competitive bidding since it is available from only one source having exclusive rights to modify and maintain the software. This agreement in the amount of$75,000 is for an annual period beginning February 21, 2022. FUNDING SOURCE General Fund and Water Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an annual Maintenance Agreement with Environmental Systems Research Institute, Inc., the sole source having exclusive rights to modify and maintain the software, in the amount of $75,000.00, for software maintenance for use by various City Departments for the creation, editing, and distribution of maps, geographic data, and other datasets that are currently used by other programs. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2022. - Mayor Robin Mouton - 0 BEAUMONT TEXAS -- TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works &Technology Services MEETING DATE: January 11, 2022 REQUESTED ACTION: Council consider a resolution approving the purchase of network equipment from CDW-G of Vernon Hills, IL for use in multiple departments. BACKGROUND There are 37 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 is $240,000. FUNDING SOURCE General 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 $240,000.00 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 11th day of January, 2022. - Mayor Robin Mouton - P BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: January 11, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute a ground lease agreement with A2B Hangar Services LLC for property located at the Beaumont Municipal Airport. BACKGROUND A request was received by A2B to lease property at the airport for construction of a personal aircraft storage hangar. A2B is proposing to construct a hangar on a 100' x 100' lot with approaches at the airport. The lease agreement provides for a twenty (20)year term commencing on February 11, 2022 and ending February 10, 2042 with the option of two renewals for a period of 10 years each. Rental terms are indicated in Section 3 of the lease. All costs associated with the construction of the hangar and the approach is the responsibility of the lessee. Plans and specifications have been approved by proper City staff. The plans must meet all Federal Aviation Administration guidelines and local building requirements. The lessee is required to provide the City with commercial general liability insurance coverage in the amount of$300,000 for bodily injury and$100,000 for property damage and require to indemnify and hold the City harmless for any cause arising from the use or occupancy of the leased area. 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 execute Ground Lease Agreement between the City of Beaumont and A2B Hangar Services LLC to lease property for the construction of a personal aircraft storage hangar at the Beaumont Municipal Airport for a twenty (20) year term commencing on February 11, 2022 and ending on February 10, 2042 with the option of two (2) renewals for a period of ten (10) years each. The Ground Lease Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2022. - Mayor Robin Mouton - STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF JEFFERSON § GROUND LEASE AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Beaumont, Texas a municipal corporation,hereinafter called"Lessor," and A2B Hangar Services LLC =hereinafter called"Lessee." Lessor and Lessee,for and in consideration of the rents, covenants and agreements herein contained,mutually covenant and agree as follows: 1.LEASED PREMISES 1.1 Lessor leases to Lessee and Lessee hires from Lessor, for the purposes of constructing and operating Aircraft Storage Hangar as provided herein and for no other purpose, those certain premises located on the Beaumont Municipal Airport in the County of Jefferson, State of Texas, containing 10,000 square feet of land, and being more particularly described in Exhibit"A" attached hereto and made a part hereof. 2. TERM 2.1 This lease shall be for a term of twenty (20)years,referred to as the"lease term," commencing on the 11 day of February, 2022, the "effective date," which is 30 days after passage of the resolution authorizing this lease, and ending on the 10 day of February,2042; subject, however,to earlier termination as hereinafter provided. 2.2 This lease shall terminate and become null and void without further notice on the expiration of the term specified, and any holding over by Lessees after expiration of said shall not constitute a renewal hereof or give Lessee any rights hereunder in or to the leased premises. 1 EXHIBIT "A" 2.3 This lease may be renewed for two (2) ten-year terms, beginning February 11. 2042,with the written approval of the Lessor and the Lessee no less than thirty days prior to the end of the current term. 3.RENT 3.1 Lessee agrees to pay Lessor as rental for the use and occupancy of the leased premises the following sums, subject to adjustment as hereinafter provided: twenty-five cents ($.25) per square foot per year,payable in advance on or before the 1st day of January of each year during the term of this lease. The minimum annual during the term of the agreement shall be two thousand, five-hundred dollars ($2,500.00). 3.1.1 For the sixth(6th) through tenth (10th)years of the term hereof, the annual rental shall increase to thirty cents ($.30)per square foot per year. 3.1.2 For the eleventh(11th)through fifteenth(15th)years of the term hereof,the annual rental shall be increased to thirty-five cents ($.35)per square foot per year. 3.1.3 For the sixteenth (16th) through twentieth (20th) years of the term hereof, the annual rental shall be increased to forty cents ($.40)per square foot per year. 3.2 All installments of rent hereunder,when and as the same become due and payable, shall be paid to the City of Beaumont, Cash Management, P.O. Box 3827, Beaumont, Texas 77704, or to such other office or officer of Lessor as the City Manager may designate in writing in advance. 4. CONSTRUCTION BY LESSEES 4.1 Lessee shall be required to erect on the leased premises permanent Hangar(s) containing a minimum of 10,000 square feet of space and paved driveways accessing taxiways. Lessor shall have the right of reasonable approval of plans and specifications for the construction of said building and appurtenances.- The building and its appurtenances shall be constructed in accordance with all applicable city, state and federal laws, ordinances,rules and regulations. 4.2 Lessees shall comply with the following construction schedule: • 4.2.1 Within one (1) month from the effective date of this agreement, Lessees shall furnish the City Manager or his designee detailed plans and specifications for construction of the building and its appurtenances. The City Manager or his designee shall approve or disapprove same. The City Manager or his designee may not unreasonably withhold his approval of the construction plans and specifications. If the City Manager or his designee disapproved the construction plans and specifications, he shall provide lessees a written statement of reasons for this disapproval. 4.2.2 Within two (2) months from the effective date of this agreement, Lessees shall commence construction of said building under a general construction contract requiring completion within twelve (12) months of the date of execution of this agreement. 4.3 No structure, or other improvement, shall be placed on the leased premises which does not comply with the plans, specifications and locations approved by Lessor. Lessees shall make no material addition to or alteration of any structure erected on the leased premises unless and until plans and specifications of the proposed addition of alteration shall have first been submitted to and approved by the City Manager or his designee. 4.4 Construction shall be performed by a contractor(s) licensed by the City of Beaumont to provide the required services. All construction shall adhere to all appropriate federal, state and local laws,regulations, standards, codes ad ordinances. 4.5 The approval by Lessor of any plans and specifications refers only to the conformity of such plans and specifications to the general architectural plan for the leased premises and such approval shall not be withheld unreasonably. Such plans and specifications are not approved for architectural or engineering design and Lessor, by approving such plans and specifications,assumes no liability or responsibility for any structure constructed from such plans or specifications. All plans and specifications must be submitted to the City's Building Code Enforcement Division for review and approval. All applicable permits must be obtained. 3 5. TAXES 5.1 In addition to the rental, Lessees shall pay and discharge all taxes, general and special assessments, and other charges of every description which during the term of this agreement may be levied on or assessed against the leased premises and all interests therein and all improvements and other property thereon. Lessees shall pay all such taxes, charges and assessments to the public officer charged with collection thereof before same shall become delinquent, and Lessees agrees to indemnify and save harmless Lessor from all such taxes, charges and assessments. 6. UTILfl'LES 6.1 Lessees shall pay all charges for water, heat, gas, electricity, telephone, sewers, and any and all other utilities used on the leased premises throughout the teiui of this lease, including any connection fee and pro-rate charges. 7.USE OF PREMISES 7.1 Lessees shall use the leased premises only for the storage of personal or business aircraft. No other use is permitted without the prior written consent of the City Manager of his designee. The sale or use of alcoholic beverages is prohibited without the prior written consent of the City Manager of his designee. Additionally, Lessees will be allowed to sublet the premises,subject to approval by Lessor. Approvals required hereunder will not be unreasonably withheld. 8. ENCUMBRANCE OF LEASEHOLD ESTATE 8.1 Lessees may, at any time, encumber the leasehold interest, by deed of trust, mortgage, or other security instrument, without obtaining the consent of Lessor, but no such encumbrance shall constitute a lien on the fee title of Lessor, and the indebtedness secured thereby shall at all times be and remain inferior and subordinate to all the conditions, covenants, and obligations of this agreement and to all rights of Lessor hereunder.. 8.2 If at any time after execution and recordation in Jefferson County, Texas, of any such mortgage or deed of trust, the mortgagee or trustee therein shall notify Lessor in writing that any such mortgage or deed of trust has been given and executed by Lessees, and shall at the same time furnish Lessor with the address to which it desires copies of notices to be mailed. 4 Lessor hereby agrees that it will thereafter mail to such mortgagee or trustee, at the address so given, copies of any and all notices which Lessor may from time to time give or serve upon Lessees under and pursuant to the terms and provisions of this agreement. 8.3 Any lender on the security of the leasehold shall have the right at any time during the term of this agreement: 8.3.1 To do any act of thing required of Lessees hereunder and all such acts or things done and performed shall be as effective to prevent a forfeiture of Lessee's rights hereunder as if done by Lessees; and, 8.3.2 To realize on the security afforded by the leasehold estate by foreclosure or power of sale or other remedy afforded at law or in equity or by the security documents and to transfer, convey, or assign the title of Lessees to the leasehold estate created hereby to any purchaser at any such foreclosure sale, and to acquire and succeed to the interest of Lessees hereunder by virtue of any such foreclosure sale. 9. REPAIRS AND RESTORATION 9.1 Lessees, at Lessee's own cost and expense at all times during the term of this lease, agrees to keep and maintain, or cause to be kept and maintained, all buildings and improvements which may be erected on the leased premises in a good state of appearance and repair,reasonable wear and tear expected. Improvements are to include driveways, constructed ramps or taxiways on or off of leased premises to provide access to public taxiways. Failure to maintain the buildings and improvements in a good state of appearance and repair shall be considered a default in the performance of the agreement and remedied as in accordance with the provisions of this lease. 9.2 The determination of whether the buildings and improvements are in compliance with the maintenance requirements of this provision shall be the sole discretion of the Lessor. 5 • 9.3 In the event the building or any building or improvements thereafter constructed on the leased premises is damaged by fire or any other casualty, the Lessees shall have the option to: 9.3.1 Repair, reconstruct or replace the damaged building or improvements, with reasonable diligence, so that the building, to the extent originally constructed by Lessees, is restored to substantially the condition it was in prior to the happening of the casualty; provided, however, that if the commencement,construction,or completion of said repair,reconstruction, or replacement work shall be prevented or delayed by reason of war, civil commotion, acts of God, strikes, governmental restrictions or regulations, or interferences, fire or other casualty, or any other reason beyond the control of lessees, whether similar to any of those enumerated or not, the time for the commencing or completing, or both, of the construction of said building, as the case may be, shall automatically be extended for the period of each such delay. 9.3.2 Remove all structures, improvements, debris and remains and return the leased premises to its original condition within thirty (30) days of the casualty. If the leased premises are not returned to its original condition within the time specified, Lessor may remove or cause to be removed any remaining structures or debris and return the leased premises to its original state. All costs shall be borne by the Lessees. In addition, the lease shall terminate with no prorate return of any rentals paid. 10. LIENS 10.1 Lessees shall not suffer or permit any mechanics' liens or other liens to be filed against the fee of the leased premises nor against Lessee leasehold interest in the land nor any buildings or improvements on the leased premises by reason of any work, labor, services, or materials supplied or claimed to have been supplied to Lessees or to anyone holding the leased premises or any part thereof through or under Lessees. 6 10.2 If any such mechanics' liens or materialmen's liens shall be recorded against the leased premises, or any improvements thereof, Lessees shall cause the same to be removed or, in the alternative,if Lessees in good faith desires to contest the same,Lessees shall be privileged to do so, but in such case Lessees hereby agrees to indemnify and save Lessor harmless form all liability for damages occasioned thereby and shall, in the event of a judgment of foreclosure on said mechanics' lien, cause the same to be discharged and removed prior to execution on such judgment. 11.INSURANCE AND INDEMNFICATION 11.1 Lessees shall indemnify,defend,and hold harmless Lessor,its officers,agents and employees from any and all liabilities, demands, actions, losses, damages and costs, including all costs of defense thereof caused by or arising out of, or in any way related to Lessee's use or occupancy of the leased premises or occurring on the leased premises during the term of the lease or caused by, arising out of, or in any way related to operations conducted by Lessees including claims,liabilities and actions based upon acts, omission, or negligence of the Lessor, its officers, agents, and employees. Upon demand, Lessees shall, at its own expense, defend Lessor, its officers, agents, and employees, through counsel acceptable to Lessor, against any and all liabilities, claims, demand, actions, damages and costs. 11.2 Lessees shall purchase and maintain in full force and effect insurance as provided herein, with the City of Beaumont as a named insured. A certificate of insurance, or a copy of the insurance policies,shall be furnished to Lessor and shall provide that the Lessor shall receive ten days' prior written notice before any change or cancellation of any policy. The limits established herein may be modified by prior written consent of the City Manager or his designee and shall be increased if the Lessor's standards are amended to provide increased limits. COMMERCIAL GENERAL LIABILITY COVERAGE: Bodily injury (each accident): $300,000.00 Property damage (each accident): $100,000.00 7 12. SUBLEASES 12.1 Lessees may not sublease or assign any portion of the agreement or any of the premises leased to Lessees, nor shall a foreclosing trustee, lien holder, or mortgagee do so, to any other person, firm, or corporation without the prior consent, in writing, of Lessor, which consent shall not be unreasonably withheld. 13.DEFAULT AND REMEDIES 13.1 Should Lessees default in the performance of any covenant, condition, or agreement in this lease, and such default is not corrected within ten (10) days after receipt of written notice from Lessor to Lessees and any lender as required by Section 8, Lessor may declare this lease, and all rights and interests created by it, to be terminated. Upon Lessor electing to terminate,this lease shall cease and come to an end as if that were the day originally fixed herein for the expiration of the term hereof, and including payment of ground rental beyond that date. Upon such event, Lessees must remove building and improvements constructed and return the leased premises to its original condition within thirty (30) days. Failure to so remove the structure and improvements results in the Lessor's right to obtain possession and ownership of the building and improvements. Lessor,its agent or attorney,may resume possession of the premises and by such action obtain ownership. The building constructed on the leased premises and may at its option relet the same for the remainder of the term. 13.2 Any termination of this lease as herein provided shall not relieve Lessees from the payment of any sum or sums that shall then be due and payable to Lessor hereunder, or any claim for damages then or theretofore accruing against Lessees hereunder, and any such termination shall not prevent Lessor from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law, or from recovering damages from Lessees for any default thereunder. All rights, options, and remedies of Lessor contained in this lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Lessor shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law,whether or not stated in this lease. No waiver by Lessor of a breach of any of the covenants, conditions, or restrictions of this lease shall be 8 construed or held to be a waiver of any succeeding or proceeding breach of the same or any other covenant, condition, or restriction herein contained. 14. GENERAL PROVISIONS 14.1 Lessees may not conduct any other aeronautical within or upon the leased premises without the prior written consent of the City Manager or his designee. 14.2 The Lessees for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: 14.2.1 No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 14.2.2 That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color,or national origin shall be excluded from participation in,denied the benefits of, or be otherwise subjected to discrimination. 14.2.3 That the Lessees shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said. Regulations may be amended. 14.3 That in the event of breach of any of the preceding nondiscrimination covenants, Lessor shall have the right to terminate the license, lease, permit, etc., and to reenter and repossess said land and the facilities thereon, and hold the same as if said lease had never been made or issued. 14.4 During the time of war or national emergency,Lessor shall have the right to lease the landing area or any part thereof to the United States Government for military or naval use, 9 and,if such lease is executed,the provisions of this instrument, insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. 14.5 No right or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft.on the Airport from performing any services on its own aircraft with its own regular employees (including but not limited to maintenance, repair, and fueling)that it may choose to perform. 14.6 It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right forbidden by Section 308(a) of the Federal Aviation Act of 1958 or for aeronautical activities. 14.7 Lessor reserves the right,in a reasonable and nondiscriminatory manner,to further develop or improve the area of the Airport as it sees fit, regardless of the desires or views of Lessees and without interference or hindrance. 14.8 Lessor shall have the right, but not the obligation,to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of Lessees in this regard. 14.9 All hangars, buildings,properties or land on the Airport, shall be maintained in a clean,attractive,weed free,well-painted,junk free condition. Lessor shall ensure that all debris and trash are removed from within and around the leased premises in accordance with all applicable laws or requirements. Lessor is responsible for providing proper trash receptacles and storing such within the hangar. Lessees shall not allow the accumulation of materials, goods,trash or equipment around the exterior of the hangar. Lessees shall maintain cultivated areas in accordance with airport regulations. 14.10 Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstructions together with the right to prevent the erection of any building or other structure on or adjacent to the Airport which would limit the usefulness of the Airport or constitute a hazard to aircraft. 10 14.11 This agreement shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States, relative to the operations or maintenance of the Airport. 14.12 Incorporated into this agreement, by reference and as though set forth herein verbatim, are the Minimum Standards and Requirements for the Conduct of Commercial Aeronautical Services and Activities adopted by the Lessor. Such minimum standards shall be lawful, reasonable and nondiscriminatory. Further, all parties hereto agree to comply with all rules and regulations of the Federal Aviation Administration and the laws of the United States of America, the State of Texas, and all laws, regulations, rules and ordinances of the City of Beaumont as they now exist or may hereafter be enacted or amended, and will not permit the premises covered by this agreement to be used for any unlawful or improper purpose. 14.13 The standards and regulations enacted by the governmental agency responsible for the operation of the Airport,now or in the future,may provide for use charges to be paid by those using, occupying, or conducting operations at the Airport. Such charges may be based upon square footage,receipts or other reasonable basis,to be established by such standards and regulations. Lessees agrees to pay such charges as same are due and owing under any such standards or regulations now or hereafter in effect. Any such use charges shall be lawful reasonable and nondiscriminatory. 14.14 Lessor may, on account of the breach of any provision hereof, including the standards and regulations incorporated herein by reference,terminate this agreement and eject the party in violation in accordance with the provisions of this lease. 14.15 The purpose of the lease and the operations to be conducted by Lessees or sub- lessees, and the identity of the premises to be occupied, are set forth in this lease. No other operations, business, or occupancy may be had or done without the additional written consent of the Lessor. 14.16 It is mutually understood and agreed that nothing in the agreement is intended or shall be construed as in any way creating or establishing the relationship or partners or co- partners between the parties hereto, or as constituting the Lessees as an agent or representative of the Lessor for any purposes or in any manner whatsoever. 11 14.17 Lessees shall permit Lessor's agents,representatives,or employees to enter on the leased premises for the purpose of inspection,to determine whether Lessees in compliance with the terms of this lease, for purposes of maintaining, repairing, or altering the premises, or for the purpose of showing the leased premises to prospective Lessees,purchasers,mortgagees, or beneficiaries under trust deeds. 14.18 No waiver by Lessor of any default or breach of any covenant, condition, or stipulation herein contained shall be treated as a waiver of any subsequent default or breach of the same or any other covenant, condition, or stipulation hereof. 14.19 This agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder is performable in Jefferson County, Texas. 14.20 In case anyone or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof and this agreement shall be construed as if such invalid,illegal,or unenforceable provision had never been contained herein. 14.21 This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 14.22 No amendment, modification, or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto. 14.23 Lessees shall not erect,paint or place any exterior signs on the leased premises or the structure placed thereon. 14.24 Only aircraft may be stored in Hangars. No other non-aeronautical equipment, combustible products, or items may be placed there for use or storage. 14.25 Lessees are granted the right to operate from temporary facilities on the leased premises pending occupancy of his permanent structure. 12 15. OWNERSHIP BUILDING 15.1 Lessor, upon expiration of the term hereof or upon earlier termination of this agreement as provided herein, shall remove or cause to be removed the existing structure and any improvements from the leased premises and return said leased premises to its original condition within sixty (60) days. Lessee may negotiate a group lease renewal for the leased premises. Although,the Lessee is not obligated to enter into any subsequent agreement. 16. APPROVAL OF FAA 16.1 The parties recognize that location of Lessee's operation may require amendment of the airport master plan and approval by the Federal Aviation Administration and the Texas Department of Transportation. Lessor agrees to make such amendment as may be necessary and to submit same to said agencies for approval. This agreement is contingent upon such approval, and in the event the amendment shall not be approved,this agreement shall terminate and both parties shall be released from all obligations herein contained. 17. NOTICES 17.1 All notices provided to be given under this agreement shall be given by certified mail or registered mail, addressed to the proper party at the following address: LESSOR City of Beaumont Finance Department 801 Main St, Ste. 320 Beaumont, Texas 77701 LESSEE • 13 EXECUTED this day of • ,20 . LESSER: CITY OF BEAUMONT By: By: Attest: Kyle Hayes, City Manager LESSOR: Attest: By: , Owner 14 DISCUSSION ITEM * Receive and discuss proposals related to a national search for the position of City Manager Baker Tilly US, LLP SGR (Strategic Government Resources) 1 January 11,2022 Consider an ordinance authorizing the issuance of City of Beaumont, Texas, Waterworks and Sewer System Refunding Bonds, Taxable Series 2022 and authorizing the Mayor or City Manager and Chief Financial Officer to approve the amounts, interest rates,prices, and terms thereof for the series and to execute all documents related to the sale of the Bonds BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: January 11, 2022 REQUESTED ACTION: Council consider an ordinance authorizing the issuance of City of Beaumont, Texas, Waterworks and Sewer System Refunding Bonds, Taxable Series 2022 and authorizing the Mayor or City Manager and Chief Financial Officer to approve the amounts, interest rates, prices, and terms thereof for the series and to execute all documents related to the sale of the Bonds. BACKGROUND An estimated$43.125MM of outstanding Waterworks and Sewer System Revenue Series 2014A and 2015A bonds can currently be refunded to achieve a lower interest rate and savings. The order before you will allow for an amount up to $67,040,000 to be eligible for refinancing, however,the current amount that generates efficient savings is approximately$43.125MM. Historically,when the City issued or refunded revenue bonds,the sale would take place on a Monday in order to bring the transactions forward at the City Council meeting the following day. With the quickly changing financial markets,the most favorable time to enter the market may not be the day before a City Council meeting. Instead,the ability of a local government to time its entry into the fmancial markets and thereby obtain the best borrowing terms can significantly impact the borrowing costs. Section 1207.007 Texas Government Code allows a City to enter into the bond market at any time in accordance with parameters established and approved by the City Council. Through a parameter bond ordinance, a Council delegates fmal pricing authority to a Pricing Officer, usually the Mayor or City Manager and/or City Manager's Designee and establishes and approves bond sale parameters such as maximum interest rate,minimum savings threshold for refunding,maximum aggregate principal amount of issue, final maturity date and expiration of delegated authority which is normally six (6) months. The Pricing Officer can only approve the sale if all parameters are met. This results in flexibility such that the bond issue may be priced at any time and in an interest rate environment that is advantageous to the City rather than being locked into pricing on the date of the Council meeting. The proposed parameters included in the proposed ordinance for Series 2022 as described above, includes: Delegated Pricing Officers: Mayor or City Manager and Chief Financial Officer Est. Maximum Principal Amount Taxable Series 2022: $67.040 million Interest Rate: Not greater than 3.5%per annum Minimum Savings Threshold: 4.0%present value savings Expiration of Parameter Authority: June 7, 2022 Interest will be payable semiannually in March and September beginning March 2022. FUNDING SOURCE Principal, interest and closing costs will be paid out of the Water Utilities Fund. RECOMMENDATION Approval of the ordinance. CERTIFICATE FOR ORDINANCE THE STATE OF TEXAS § COUNTY OF JEFFERSON § I, the undersigned City Clerk of the City of Beaumont, Texas (the "City"), hereby certify as follows: 1. The City Council of the City convened in regular meeting on January 11, 2022, at the place stated in the notice of such meeting given as stated below, and the roll was called of the duly constituted official and members of said City Council,to wit: Robin Mouton Mayor Albert Turner Councilmember Randy Feldschau Councilmember Taylor Neild Councilmember Mike Getz Councilmember Audwin Samuel Councilmember Charles Durio Councilmember And all of said persons were present, thus constituting a quorum. Whereupon, among other business,the following was transacted at said meeting: a written ORDINANCE AUTHORIZING THE ISSUANCE OF THE CITY OF BEAUMONT, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE REFUNDING BONDS, TAXABLE SERIES 2022 IN ONE OR MORE SERIES OR SUBSERIES AS MAY BE FURTHER DESIGNATED; AUTHORIZING EACH OF THE MAYOR, THE CITY MANAGER AND THE CHIEF FINANCIAL OFFICER TO APPROVE THE AMOUNTS, INTEREST RATES, PRICES, AND TERMS THEREOF AND CERTAIN OTHER MATTERS RELATING THERETO; PROVIDING FOR THE PAYMENT THEREOF; MAKING OTHER PROVISIONS REGARDING SUCH BONDS INCLUDING AUTHORIZING THE PREPARATION AND DISTRIBUTION OF ONE OR MORE PRELIMINARY OFFICIAL STATEMENTS AND AUTHORIZING THE PREPARATION AND DISTRIBUTION OF ONE OR MORE OFFICIAL STATEMENTS AND MATTERS INCIDENT THERETO; AWARDING THE SALE OF THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE BOND PURCHASE AGREEMENTS; AUTHORIZING THE DEFEASANCE, FINAL PAYMENT, AND DISCHARGE OF CERTAIN OUTSTANDING BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE ESCROW AGREEMENTS; AUTHORIZING THE PURCHASE OF AND SUBSCRIPTION FOR CERTAIN ESCROWED SECURITIES; AUTHORIZING ESCROW VERIFICATION AND ENGAGEMENT OF AN ESCROW AGENT; AUTHORIZING BOND INSURANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT/REGISTRAR AGREEMENT AND OTHER RELATED DOCUMENTS; AND MAKING OTHER PROVISIONS REGARDING SUCH BONDS was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said ordinance be adopted; and after due discussion, such motion, carrying with it the adoption of said ordinance,prevailed and carried by the following vote: AYES: All those present voted"aye" NOES: ABSTENTIONS: 2. That a true, full, and correct copy of the aforesaid ordinance adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate; that said ordinance has been duly recorded in said City Council's minutes of said meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from the said City Council's minutes of said meeting pertaining to the adoption of said ordinance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the date, hour, place, and purpose of the aforesaid meeting, and each of said officers and members consented, in advance, to the holding of said meeting for such purpose; that said meeting was open to the public as required by law; and that public notice of the date,hour,place and subject of said meeting was given as required by the Texas Open Meetings Act. SIGNED AND SEALED this ,2022. City Clerk City of Beaumont,Texas (SEAL) ORDINANCE NO. ORDINANCE AUTHORIZING THE ISSUANCE OF THE CITY OF BEAUMONT, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE REFUNDING BONDS, TAXABLE SERIES 2022 IN ONE OR MORE SERIES OR SUBSERIES AS MAY BE FURTHER DESIGNATED; AUTHORIZING EACH OF THE MAYOR, THE CITY MANAGER AND THE CHIEF FINANCIAL OFFICER TO APPROVE THE AMOUNTS, INTEREST RATES, PRICES, AND TERMS THEREOF AND CERTAIN OTHER MATTERS RELATING THERETO; PROVIDING FOR THE PAYMENT THEREOF; MAKING OTHER PROVISIONS REGARDING SUCH BONDS INCLUDING AUTHORIZING THE PREPARATION AND DISTRIBUTION OF ONE OR MORE PRELIMINARY OFFICIAL STATEMENTS AND AUTHORIZING THE PREPARATION AND DISTRIBUTION OF ONE OR MORE OFFICIAL STATEMENTS AND MATTERS INCIDENT THERETO; AWARDING THE SALE OF THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE BOND PURCHASE AGREEMENTS; AUTHORIZING THE DEFEASANCE, FINAL PAYMENT, AND DISCHARGE OF CERTAIN OUTSTANDING BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE ESCROW AGREEMENTS; AUTHORIZING THE PURCHASE OF AND SUBSCRIPTION FOR CERTAIN ESCROWED SECURITIES; AUTHORIZING ESCROW VERIFICATION AND ENGAGEMENT OF AN ESCROW AGENT; AUTHORIZING BOND INSURANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT/REGISTRAR AGREEMENT AND OTHER RELATED DOCUMENTS; AND MAKING OTHER PROVISIONS REGARDING SUCH BONDS THE STALE OF TEXAS § COUNTY OF JEFFERSON § THE CITY OF BEAUMONT § WHEREAS, the City has previously issued and there are presently outstanding certain obligations of the City; and, WHEREAS, the City is authorized, pursuant to the general laws of the State of Texas, and particularly Chapter 1207, Texas Government Code, as amended, to issue its bonds for the purpose of refunding all or a portion of its outstanding obligations; and, WHEREAS, by this Ordinance the City Council of the City (the "City Council") is authorizing the issuance of its bonds in the principal amount not exceed $67,040,000 for the purpose of refunding the City's outstanding obligations identified and described on Schedule I attached hereto and incorporated herein by reference for all purposes (the "Refunded Bonds"); and, WHEREAS, the City shall by this Ordinance, in accordance with the provisions of Chapter 1207, 1371 and 1502, Texas Government Code, as amended, delegate to a Pricing Officer (hereinafter designated) the authority to determine the principal amount of Bonds to be issued and negotiate the terms of sale thereof and to select the specific maturities, in whole or in part, of the Refunded Bonds to be refunded; and, WHEREAS, the City Council hereby finds and determines that it is a public purpose and in the best interests of the City to (1) issue the Bonds with such terms to be included in a pricing certificate (the "Pricing Certificate") to be executed by the Pricing Officer, and (2) refund the Refunded Bonds in order to achieve a net present value debt service savings and that such benefit is sufficient consideration for the refunding of the Refunded Bonds, with such savings, among other information and terms to be included in the Officer's Pricing Certificate, all in accordance with the provisions of Chapters 1207, 1371 and 1502, Texas Government Code, as amended; and, WHEREAS, the City Council hereby finds that it may purchase a credit agreement in the form of a municipal bond insurance policy or policies with respect to the Bonds if it deems such purchase is cost effective; and, WHEREAS, the bonds to be issued pursuant to the terms and provisions of this Ordinance will be secured by a pledge of and lien on the Net Revenues (as hereinafter defined); and, WHEREAS, the City is a home-rule municipality that: (i) adopted its charter under Section 5, Article XI, Texas Constitution; (ii) has a population of more than 50,000 and (iii) has outstanding long-term indebtedness that is rated by a nationally recognized rating agency for municipal securities in one of the four highest rating categories for a long-term obligation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS: 1. Findings and Determinations. It is hereby found and determined that the matters and facts contained in the preamble to this Ordinance are hereby found to be true and correct. 2. Definitions. Throughout this ordinance the following terms and expressions as used herein shall have the meanings set forth below: The term "Additional Parity Bonds" shall mean any credit agreement created pursuant to Section 28 herein or additional bonds issued with the same priority lien as the Bonds. The term "Average Annual Debt Service Requirements" shall mean the average annual debt service for the Parity Bonds. The term `Blanket Issuer Letter of Representations" means the Blanket Issuer Letter of Representations between the City and DTC. The term "Bond Insurer" shall mean any third party financial institution that provides a credit agreement in the form of a municipal bond insurance policy as provided herein. The term "Bond Register" shall mean the books of registration kept by the Registrar in which are maintained the names and addresses of, and the principal amounts of the Bonds registered to, each Owner. The terms "Bonds" shall mean the City of Beaumont, Texas Waterworks and Sewer System Revenue Refunding Bonds, Taxable Series 2022. The term "Business Day" shall mean any day which is not a Saturday, Sunday, a day on which banking institutions in the city where the principal corporate trust office of the Paying Agent/Registrar or Bond Insurer, if any, is located, are authorized or required by law or executive order to close, or a legal holiday. The term"City" shall mean The City of Beaumont, Texas. The term "Closing Date" means the date of the initial delivery of and payment for the Bonds. The term "Code" means the Internal Revenue Code of 1986, as heretofore and hereafter amended and, with respect to a specific section thereof, such reference shall be deemed to include (a) the Regulations promulgated under such section, (b) any successor provision of similar import hereafter enacted, (c) any corresponding provision of any subsequent Internal Revenue Code, and (d) the Regulations promulgated under the provisions described in (b) and (c). The term"Comptroller"means the Comptroller of Public Accounts of the State of Texas. The term"DTC"means The Depository Trust Company of New York,New York, or any successor securities depository. The term "DTC Participant" means brokers and dealers, banks, trust companies, clearing corporations and certain other organizations on whose behalf DTC was created to hold securities to facilitate the clearance and settlement of securities transactions among DTC Participants. The term "Gross Revenues" shall mean all revenues, income and receipts of every nature derived or received by the City from the operation and ownership of the System (but excluding any utility deposits) and the interest income from the investment or deposit of money in the Revenue Fund, and the Interest and Sinking Fund. The term "Insurance Policy" shall have the meaning assigned to that term in Section 28 of this Ordinance. The term "Insured Bonds" shall mean the Bonds during the time period in which the payment of principal and interest in connection with such bonds is guaranteed by the Bond Insurer. The term "Interest Payment Date", when used in connection with any Bond; shall mean March 1 and September 1 of each year, beginning September 1, 2022 and continuing thereafter until maturity or earlier redemption of such Bond. The term"Issuer" shall mean the City. The term "Maintenance and Operation Expenses" shall mean the reasonable and necessary expenses of operation and maintenance of the System, including all salaries, labor, materials, repairs and extensions necessary to render efficient service, and all payments under contracts, now or hereafter defined as operating expenses by the Legislature of the State of Texas. Depreciation shall never be considered as a Maintenance and Operation Expense. The term"MSRB" shall mean the Municipal Securities Rulemaking Board. The term "Net Revenues" shall mean all Gross Revenues remaining after deducting the Maintenance and Operation Expenses. The term "Ordinance" as used herein and in the Bonds shall mean this ordinance authorizing the Bonds and all amendments and supplements hereto. The term"Outstanding" shall mean, in connection with the Bonds, any Bonds that remain outstanding until maturity, refunding or defeasance. The term "Owner" shall mean any person who shall be the registered owner of any Bonds. The term "Parity Bonds" shall mean the Bonds, the City's outstanding Waterworks and Sewer System Revenue Bonds, Series 2014A and 2014B, the City's Waterworks and Sewer System Revenue Refunding Bonds, Series 2015A, the City's Waterworks and Sewer System Revenue Bonds, Series 2017, the City's Waterworks and Sewer System Revenue and Refunding Bonds, Series 2020A, the City's Waterworks and Sewer System Revenue Refunding Bonds, Taxable Series 2020B, and any Additional Parity Bonds. The term"Paying Agent"for the Bonds shall mean the Registrar. The term "Pricing Certificate" shall mean a certificate or certificates to be signed by the Mayor, the City Manager or the Chief Financial Officer of the City pursuant to Section 5 hereof and delivered to the City Clerk, in substantially the form attached hereto as Exhibit A. The term "Pricing Officer" shall mean the Mayor, City Manager, or Chief Financial Officer of the City. The term "Record Date" shall mean, for any Interest Payment Date, the fifteenth (15th) calendar day of the month next preceding each Interest Payment Date. The term "Registrar" shall mean The Bank of New York Mellon Trust Company, N.A., Dallas, Texas, and its successors in that capacity. The term "Regulations" means the applicable proposed, temporary or final Treasury Regulations promulgated under the Code or, to the extent applicable to the Code under the Internal Revenue Code of 1954, as such regulations may be amended or supplemented from time to time. The term "Reserve Fund Requirement" shall mean an amount equal to the average annual principal and interest requirement on the Parity Bonds, which may be determined and redetermined each year by the City but in no event less frequently than upon the issuance of each series of Parity Bonds. The term"Rule" shall mean SEC Rule 15c-12, as amended from time to time. The term"SEC" shall mean the United States Securities and Exchange Commission. The term "Special Project" shall mean, to the extent permitted by law, any property, improvement or facility declared by the City not to be part of the System and substantially all of the costs of the acquisition, construction and installation of which is paid from proceeds of a financing transaction other than the issuance of bonds payable from ad valorem taxes or Net Revenues of the System, and for which all maintenance and operation expenses are payable from sources other than revenues of the System, but only to the extent that and for so long as all or any part of the revenues or proceeds of which are or will be pledged to secure the payment or repayment of such costs of acquisition, construction and installation under such financing transaction. The term "System" shall mean all properties, facilities, improvements, equipment, interests and rights constituting the waterworks and sewer system of the City, including all future extensions, replacements, betterments, additions, improvements, enlargements, acquisitions, purchases and repairs to the System, but excluding all Special Projects. The term "Underwriter" shall mean the underwriting syndicate identified in the Officer's Pricing Certificate. 3. Authorization. The Bonds shall be issued in fully registered form in the total authorized aggregate principal amount not to exceed SIXTY-SEVEN MILLION FORTY THOUSAND AND NO/100 DOLLARS ($67,040,000) for the purpose of providing funds to (i) refund the Refunded Bonds and (ii) pay costs of issuance of the Bonds. 4. Designation, Date, and Interest Payment Dates. The Bonds shall be designated as "THE CITY OF BEAUMONT, TEXAS WATERWORKS AND SEWER SYSTEM REVENUE REFUNDING BONDS, TAXABLE SERIES 2022." The Bonds shall be dated, mature, bear interest from the dates and at the rates per annum, and be payable on the dates and in the principal amounts as set forth in the Officer's Pricing Certificate. 5. Sale of Bonds. As authorized by Chapters 1207, 1371 and 1502, Texas Government Code, as amended, the Pricing Officers are hereby authorized to act on behalf of the City in selling and delivering the Bonds and carrying out the other procedures specified in this Ordinance, including any additional designation or title by which the Bonds shall be known, the number of subseries of Bonds to be issued and the principal amount of each subseries, the price at which each series of the Bonds will be sold, the manner in which the Bonds should be delivered, the date or dates (which may be different dates for each series of the Bonds) on which the Bonds shall be sold, the form in which the Bonds shall be issued whether as current interest bonds, as compound interest bonds, or as a combination of current interest bonds and compound interest bonds, any additional designation or title by which the Bonds shall be known, the year or years in which each series of the Bonds will mature, the principal amount to mature in each of such years, the aggregate principal amount of each series of the Bonds, the rate of interest to be borne by each such maturity, the first interest payment date or compounding date, as the case may be, the dates, prices, and terms, if any, upon and at which each series of the Bonds shall be subject to redemption prior to maturity at the option of the City, as well as any mandatory sinking fund redemption provisions, or make-whole provisions, and such officers are also hereby authorized to act on behalf of the City in approving all other matters relating to the issuance, sale and delivery of the Bonds and the purchase of a bond insurance policy or policies for all or any portion of the Bonds, all in accordance with the terms below: (a) the price to be paid for each series of the Bonds shall not be less than 90% of the aggregate original principal amount of the current interest bonds plus accrued interest, if any, thereon from their date to their delivery; (b) none of the Bonds shall bear interest at a rate greater than 6%per annum or in excess of the maximum rate allowed by Chapter 1204, Texas Government Code; (c) the aggregate principal amount of each subseries of the Bonds shall not exceed the maximum amount authorized in Section 3, and the sum of the principal amount of each series, plus net premium generated, plus any available funds of the City, if any, shall equal an amount sufficient to provide for the redemption of the Refunded Bonds as identified in the Officer's Pricing Certificate, to pay costs of issuance of the Bonds, and (if necessary) a deposit to the reserve fund; (d) each series of the Bonds to be issued, prior to delivery, must have been rated by a nationally recognized rating agency for municipal securities in one of the four highest rating categories for long-term obligations; (e) to the extent the City shall purchase any Insurance Policy (one or more) issued by one or more Bond Insurers such policy or policies shall be determined to be most cost effective to the City for the Bonds and shall result in a net interest rate savings to the City which is greater than the costs of the premium of such policy or policies, as may be certified in the Officer's Pricing Certificate; and (f) in connection with each series of Bonds issued in whole or in part for refunding purposes, the refunding of the Refunded Bonds shall produce a net present value debt service savings of at least 4.50% of the principal amount of the Refunded Bonds being refunded with such series of Bonds; and Any finding by the Mayor, City Manager or the Chief Financial Officer relating to the sale and delivery of the Bonds and the purchase of bond insurance shall have the same force and effect as a finding or determination made by the City Council. 6. Bond Numbers and Denominations. Each series of Bonds shall be numbered from R-1 and upward(except the Initial Bond,which shall each be numbered I-1), and may be transferred and exchanged as set out in this Ordinance. Such Bonds shall mature on September 1 in each of the years and in the amounts set forth in the Initial Bond. The Bonds delivered in transfer of or in • exchange for other Bonds shall be numbered in order of their authentication by the Registrar, shall be in the denomination of$5,000 or integral multiples thereof, and shall mature on the same date and bear interest at the same rate as the Bonds or Bonds in lieu of which they are delivered. 7. Execution of Bonds; Seal. The Bonds shall be signed by the Mayor or Mayor Pro Tem and countersigned by the City Clerk or Deputy City Clerk, by their manual, lithographed, or facsimile signatures, and the official seal of the City shall be impressed or placed in facsimile thereon. Such facsimile signatures on the Bonds shall have the same effect as if each of the Bonds had been signed manually and in person by each of said officers, and such facsimile seal on the Bonds shall have the same effect as if the official seal of the City had been manually impressed upon each of the Bonds. If any officer of the City whose manual or facsimile signature shall appear on the Bonds shall cease to be such officer before the authentication of such Bonds or before the delivery of such Bonds, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in such office. 8. Approval by Attorney General; Registration by Comptroller. The Bonds to be initially issued shall be delivered to the Attorney General of Texas for approval and shall be registered by the Comptroller of Public Accounts of the State of Texas. The manually executed registration Bond of the Comptroller of Public Accounts substantially in the form provided in the Pricing Certificate shall be attached or affixed to the Bonds to be initially issued. 9. Authentication. Except for the Bonds to be initially issued, which need not be authenticated by the Registrar, only such Bonds which bear thereon a certificate of authentication, substantially in the form provided in Section 19 of this Ordinance, manually executed by an authorized representative of the Registrar, shall be entitled to the benefits of this Ordinance or shall be valid or obligatory for any purpose. Such duly executed certificate of authentication shall be conclusive evidence that the Bonds so authenticated were delivered by the Registrar hereunder. 10. Payment of Principal and Interest. The Registrar is hereby appointed as the paying agent for the Bonds. The principal of and premium, if any, on the Bonds shall be payable, without exchange or collection charges, in any coin or currency of the United States of America which, on the date of payment, is legal tender for the payment of debts due the United States of America, upon their presentation and surrender as they respectively become due and payable, whether at maturity or by prior redemption, at the principal corporate trust office of the Registrar. The interest on each Bond shall be payable by check on the Interest Payment Date, mailed by the Registrar on or before each Interest Payment Date to the Owner of record as of the Record Date, to the address of such Owner as shown on the Bond Register. Any accrued interest payable at maturity on a Bond shall be paid upon presentation and surrender of such Bond at the principal corporate trust office of the Registrar. If the date for payment of the principal of or interest on any Bond is not a Business Day, then the date for such payment shall be the next succeeding Business Day, and payment on such date shall have the same force and effect as if made on the original date such payment was due. 11. Successor Registrars. The City covenants that at all times while any Bonds are outstanding it will provide a legally qualified bank, trust company, fmancial institution or other agency to act as Registrar for the Bonds. The City reserves the right to change the Registrar for the Bonds on not less than 60 days written notice to the Registrar, so long as any such notice is effective not less than 60 days prior to the next succeeding principal or interest payment date on the Bonds. Promptly upon the appointment of any successor Registrar, the previous Registrar shall deliver the Bond Register or copies thereof to the new Registrar, and the new Registrar shall notify each Owner, by United States mail, first class postage prepaid, of such change and of the address of the new Registrar. Each Registrar hereunder, by acting in that capacity, shall be deemed to have agreed to the provisions of this Section. 12. Special Record Date. If interest on any Bond is not paid on any Interest Payment Date and continues unpaid for thirty (30) days thereafter, the Registrar shall establish a new record date for the payment of such interest, to be known as a Special Record Date. The Registrar shall establish a Special Record Date when funds to make such interest payment are received from or on behalf of the City. Such Special Record Date shall be fifteen(15) days prior to the date fixed for payment of such past due interest, and notice of the date of payment and the Special Record Date shall be sent by United States mail, first class, postage prepaid, not later than five (5) days prior to the Special Record Date, to each affected Owner of record as of the close of business on the day prior to the mailing of such notice. 13. Ownership; Unclaimed Principal and Interest. The City, the Registrar and any other person may treat the person in whose name any Bond is registered as the absolute owner of such Bond for the purpose of making and receiving payment of principal of and premium, if any, or interest on such Bond, and for all other purposes, whether or not such Bond is overdue, and neither the City nor the Registrar shall be bound by any notice or knowledge to the contrary. All payments made to the person deemed to be the owner of any Bond in accordance with this Section 13 shall be valid and effectual and shall discharge the liability of the City and the Registrar upon such Bond to the extent of the sums paid. Amounts held by the Registrar which represent principal of and interest on the Bonds remaining unclaimed by the Owner after the expiration of three years from the date such amounts have become due and payable shall be reported and disposed of by the Registrar in accordance with the applicable provisions of Texas law, including Title 6 of the Texas Property Code, as amended. 14. Registration, Transfer, and Exchange. So long as any Bonds remain outstanding, the Registrar shall keep the Bond Register at its principal corporate trust office and, subject to such reasonable regulations as it may prescribe, the Registrar shall provide for the registration and transfer of Bonds in accordance with the terms of this Ordinance. If the Registrar does not maintain its principal offices in the State of Texas, the City agrees to keep a Bond Register at its offices which is identical to the Bond Register maintained by the Registrar and the Registrar will notify the City as to any changes in the Bond Register within 1 business day. Each Bond shall be transferable only upon the presentation and surrender thereof at the principal corporate trust office of the Registrar, duly endorsed for transfer, or accompanied by an assignment duly executed by the registered Owner or his authorized representative in form satisfactory to the Registrar. Upon due presentation of any Bond in proper form for transfer, the Registrar shall authenticate and deliver in exchange therefor, within three (3) business days after such presentation, a new Bond or Bonds, registered in the name of the transferee or transferees, in authorized denominations and of the same type, maturity and aggregate principal amount and bearing interest at the same rate as the Bond or Bonds so presented. All Bonds shall be exchangeable upon presentation and surrender thereof at the principal corporate trust office of the Registrar for a Bond or Bonds of the same type, maturity and interest rate and in any authorized denomination, in an aggregate amount equal to the unpaid principal amount of the Bond or Bonds presented for exchange. The Registrar shall be and is hereby authorized to authenticate and deliver exchange Bonds in accordance with the provisions of this Section 14. Each Bond delivered in accordance with this Section 14 shall be entitled to the benefits and security of this Ordinance to the same extent as the Bond or Bonds in lieu of which such Bond is delivered. The City or the Registrar may require the Owner of any Bond to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with the transfer or exchange of such Bond. Any fee or charge of the Registrar for such transfer or exchange shall be paid by the City. Neither the City nor the Registrar shall be required to transfer or exchange any Bond called for redemption, in whole or in part, within forty-five (45) days of the date fixed for redemption; provided, however, such limitation on transfer shall not be applicable to an exchange by the Owner of the unredeemed balance of a Bond called for redemption in part. 15. Mutilated, Lost, or Stolen Bonds. Upon the presentation and surrender to the Registrar of a mutilated Bond, the Registrar shall authenticate and deliver in exchange therefor a replacement Bond of like maturity, interest rate, and principal amount, bearing a number not contemporaneously outstanding. If any Bond is lost, apparently destroyed, or wrongfully taken, the City, pursuant to the applicable laws of the State of Texas and in the absence of notice or knowledge that such Bond has been acquired by a bona fide purchaser, shall execute and the Registrar shall authenticate and deliver a replacement Bond of like maturity, interest rate and principal amount,bearing a number not contemporaneously outstanding. The City or the Registrar may require the Owner of a mutilated Bond to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith and any other expenses connected therewith, including the fees and expenses of the Registrar. The City or the Registrar may require the Owner of a lost, apparently destroyed or wrongfully taken Bond, before any replacement Bond is issued,to: (1) furnish to the City and the Registrar satisfactory evidence of the ownership of and the circumstances of the loss, destruction or theft of such Bond; (2) furnish such security or indemnity as may be required by the Registrar and the City to save them harmless; (3) pay all expenses and charges in connection therewith, including, but not limited to, printing costs, legal fees, fees of the Registrar and any tax or other governmental charge that may be imposed; and (4) meet any other reasonable requirements of the City and the Registrar. If, after the delivery of such replacement Bond, a bona fide purchaser of the original Bond in lieu of which such replacement Bond was issued presents for payment such original Bond, the City and the Registrar shall be entitled to recover such replacement Bond from the person to whom it was delivered or any person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the City or the Registrar in connection therewith. If any such mutilated, lost, apparently destroyed or wrongfully taken Bond has become or is about to become due and payable, the City in its discretion may, instead of issuing a replacement Bond, authorize the Registrar to pay such Bond. Each replacement Bond delivered in accordance with this Section 14 shall be entitled to the benefits and security of this Ordinance to the same extent as the Bond or Bonds in lieu of which such replacement Bond is delivered. 16. Cancellation of Bonds. All Bonds paid in accordance with this Ordinance, and all Bonds in lieu of which exchange Bonds or replacement Bonds are authenticated and delivered in accordance herewith, shall be cancelled and destroyed upon the making of proper records regarding such payment. The Registrar shall furnish the City with appropriate Bonds of destruction of such Bonds. 17. Book-Entry System. (a) Notwithstanding any other provision hereof, upon initial issuance of the Bonds but at the sole election of the Underwriter, the ownership of the Bonds shall be registered in the name of Cede & Co., as nominee of DTC, and except as otherwise provided in this Section, all of the Outstanding Bonds shall be registered in the name of Cede&Co., as nominee of DTC. The definitive Bonds shall be initially issued in the form of a single separate Bond for each of the maturities thereof. If the Underwriter shall elect to invoke the provisions of this Section,then the following provisions shall take effect with respect to the Bonds. (b) With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the City and the Registrar shall have no responsibility or obligation to any DTC Participant or to any person on behalf of whom such a DTC Participant holds an interest in the Bonds. Without limiting the immediately preceding sentence, the City and the Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant or any other person, other than an Owner of a Bond, as shown on the Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any DTC Participant or any other person, other than an Owner of a Bond, as shown in the Register, of any amount with respect to principal of, premium, if any, or interest on the Bonds. Notwithstanding any other provision of this Ordinance to the contrary, the City and the Registrar shall be entitled to treat and consider the person in whose name each Bond is registered in the Register as the absolute Owner of such Bond for the purpose of payment of principal of, premium, if any, and interest on the Bonds, for the purpose of all matters with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes whatsoever. The Registrar shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the respective Owners, as shown in the Register as provided in this Ordinance, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. No person other than an Owner as shown in the Register, shall receive a Bond evidencing the obligation of the City to make payments of amounts due pursuant to this Ordinance. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. (c) In the event that the City in its sole discretion determines that the beneficial owners of the Bonds be able to obtain Bonds, or in the event DTC discontinues the services described herein, the City shall (i) appoint a successor securities depository, qualified to act as such under Section 17(a) of the Securities and Exchange Act of 1934, as amended, and notify DTC and DTC Participants, as identified by DTC, of the appointment of such successor securities depository and transfer one or more separate Bonds to such successor securities depository or (ii) notify DTC and DTC Participants, as identified by DTC, of the availability through DTC of Bonds and transfer one or more separate Bonds to DTC Participants having Bonds credited to their DTC , as identified by DTC. In such event, the Bonds shall no longer be restricted to being registered in the Register in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or its nominee, or in whatever name or names Owners transferring or exchanging Bonds shall designate, in accordance with the provisions of this Ordinance. (d) The execution and delivery of the Blanket Letter of Representations is hereby ratified and approved and the Mayor is hereby authorized and directed to execute a new Blanket Letter of Representations, if required, with such changes as may be approved by the Mayor or City Manager of the City. (e) Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bonds are registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bonds, and all notices with respect to such Bonds, shall be made and given, respectively, in the manner provided in the Blanket Letter of Representations. 18. Redemption and Defeasance. (a) Optional Redemption. The Bonds shall be subject to redemption prior to the stated maturity, at the option of the City at such times, in such amounts, in such manner and at such redemption prices as may be designated and provided for in the Officer's Pricing Certificate. (b) Partial Redemption. If less than all of the Bonds are to be redeemed pursuant to this Section, the City shall determine the maturity or maturities and the amounts thereof to be redeemed and shall direct the Paying Agent/Registrar to call by lot the Bonds, or portions thereof, within such maturity or maturities and in such principal amounts for redemption at the close of business on the Business Day next preceding the date of mailing such notice. (c) Notice of Redemption. Notice of any redemption shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, at least 30 days prior to the date fixed for any such redemption, to the registered owner of each Bond, or portion thereof to be redeemed, at its address as it appeared on the Register on the close of business on the business day next preceding the date of mailing such notice; provided, however, that the failure to send, mail, or receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Bond. By the date fixed for any such redemption, due provision shall be made by the City with the Paying Agent/Registrar for the payment of the required redemption price for this Bond or the portion hereof which is to be so redeemed,plus accrued interest thereon to the date fixed for redemption. If such notice of redemption is given, and if due provision for such payment is made, all as provided above, this Bond, or the portion thereof which is to be so redeemed, thereby automatically shall be redeemed prior to its scheduled maturity, and shall not bear interest after the date fixed for its redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest to the date fixed for redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/ Registrar shall record in the Register all such redemptions of principal of this Bond or any portion hereof. If a portion of any Bond shall be redeemed, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of$5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the City, all as provided in the Ordinance. Bonds may be redeemed only in integral multiples of $5,000. If a Bond subject to redemption is in a denomination larger than $5,000, a portion of such Bond may be redeemed, but only in integral multiples of$5,000. Upon surrender of any Bond for redemption in part, the Registrar, in accordance with Section 14 hereof, shall authenticate and deliver in exchange therefor a Bond(s) of like maturity and interest rate in an aggregate principal amount equal to the unredeemed portion of the Bond(s) so surrendered. The City, at least 45 days before the redemption date, unless a shorter period shall be satisfactory to the Paying Agent/Registrar, shall notify the Paying Agent/Registrar of such redemption date and of the principal amount of Bonds to be redeemed. With respect to any optional redemption of the Bonds, unless moneys sufficient to pay the principal of and premium, if any, and interest on the Bonds to be redeemed shall have been received by the Paying Agent/Registrar prior to the giving of such notice of redemption, such notice may state that said redemption is conditional upon the receipt of such moneys by the Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon the satisfaction of any prerequisites set forth in such notice of redemption; and, if sufficient moneys are not received, such notice shall be of no force and effect, the City shall not redeem such Bonds and the Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was given,to the effect that the Bonds have not been redeemed. (d) Conditional Redemption. The City reserves the right in the case of an optional redemption to give notice of its election or direction to redeem Bonds conditioned upon the occurrence of subsequent events. Such notice may state (i) that the redemption is conditioned upon the deposit of moneys and/or authorized securities, in an amount equal to the amount necessary to effect the redemption, with the Paying Agent/Registrar, or such other entity as may be authorized by law, no later than the redemption date or (ii) that the City retains the right to rescind such notice at any time prior to the scheduled redemption date if the City delivers a certificate of the City to the Paying Agent/Registrar instructing the Paying Agent/Registrar to rescind the redemption notice, and such notice and redemption shall be of no effect if such moneys and/or authorized securities are not so deposited or if the notice is rescinded. The Paying Agent/Registrar shall give prompt notice of any such rescission of a conditional notice of redemption to the affected owners. Any Bonds subject to conditional redemption where redemption has been rescinded shall remain outstanding, and the rescission shall not constitute an Event of Default. Further, in the case of a conditional redemption, the failure of the City to make moneys and/or authorized securities available in part or in whole on or before the redemption date shall not constitute an Event of Default. (e) Defeasance. The City may defease the provisions of this Ordinance or any ordinance applicable to any Parity Bonds being defeased and discharge its obligation to the Owners of any or all of the Bonds, or any or all Parity Bonds to pay principal, interest and redemption premium, if any, thereon in any manner permitted by law, including by depositing with the Paying Agent/Registrar, or if authorized by Texas law, with any national or state bank having trust powers and having combined capital and surplus of at least $50 million, or with the State Treasurer of the State of Texas either: (a) cash in an amount equal to the principal amount and redemption premium, if any, of such bonds being defeased plus interest thereon to the date of maturity or redemption; or (b) pursuant to an escrow or trust agreement, cash and/or direct bonds of, or bonds the principal of and interest on which are guaranteed by or secured by the pledge of direct bonds of the United States of America, in principal amounts and maturities and bearing interest at rates sufficient to provide for the timely payment of the principal amount and redemption premium, if any, of such bonds being defeased plus interest thereon to the date of maturity or redemption; provided, however, that if any of such bonds being defeased are to be redeemed prior to their respective dates of maturity, provision shall have been made for giving notice of redemption as provided in this Ordinance or ordinance applicable to the Parity Bonds being defeased. Upon such deposit, such bonds being defeased shall no longer be regarded to be outstanding or unpaid. Any surplus amounts not required to accomplish such defeasance shall be returned to the City. 19. Form. The Form of Bond as set forth in the Officer's Pricing Certificate is hereby approved. The form of the Bonds, including the form of the Registrar's Authentication Certificate, the form of Assignment, and the form of Registration Bond of the Comptroller of Public Accounts of the State of Texas which shall be attached or affixed to the Bonds initially issued shall be, respectively, substantially as set forth in the Officer's Pricing Certificate, with such additions, deletions and variations as may be necessary or desirable and not prohibited by this Ordinance. 20. Legal Opinion; CUSIP Numbers. The approving opinion of Holland & Knight LLP, Houston, Texas, Bond Counsel, and CUSIP Numbers may be printed on the Bonds, but errors or omissions in the printing of such opinion or such numbers shall have no effect on the validity of the Bonds. 21. (a) Pledge and Source of Payment. The City hereby covenants and agrees that all Gross Revenues of the System shall, as collected and received by the City, be deposited and paid into the special funds established in this Ordinance, and shall be applied in the manner hereinafter set forth, in order to provide for (i) the payment of all Maintenance and Operation Expenses and (ii) the payment of principal, interest and any redemption premiums on the Bonds, and all expenses of paying, securing and insuring the same. The Bonds are special obligations of the City payable solely from and secured by a lien on and pledge of the Net Revenues of the System, which Net Revenues shall, in the manner hereafter provided, be set aside for and are hereby pledged by the City to the payment of the Bonds and any Parity Bonds. The Bonds do not constitute a legal or equitable pledge, charge, lien or encumbrance upon any property of the City or the System, except with respect to the Net Revenues. THE HOLDER OF THIS OBLIGATION IS NOT ENTITLED TO DEMAND PAYMENT OF THIS OBLIGATION OUT OF ANY MONEY RAISED BY TAXATION. IT IS ORDERED AND DIREC 1ED that this Ordinance pledging Net Revenues for the payment of the Bonds to the extent provided herein be filed and recorded in the records of the City as necessary to cause the pledge to be valid under Section 1201.44 of the Government Code of Texas. At any time while any of the Bonds are outstanding, if it is determined by the City or demanded by the holder of any Bonds that further action by the City is required to make the pledge valid or maintain the validity of the pledge, the City covenants and hereby directs the officers of the City to make such filings, including but not limited to appropriate filings under Chapter 9 of the Business and Commerce Code of Texas as are necessary to make the pledge valid or continue its validity. (b) Rates and Charges. So long as any Parity Bonds remain outstanding, there shall be fixed, charged and collected rates and charges for the use and services of the System, which may be fully sufficient at all times: (i) to pay all Maintenance and Operation Expenses; and (ii) to produce Net Revenues in each fiscal year at least equal to 110 percent of the principal and interest requirements scheduled to occur in such fiscal year on all Parity Bonds then outstanding, but in no event less than the amount required to establish and maintain the Interest and Sinking Fund, and,to the extent that funds for such purpose are not otherwise available, to pay all other outstanding obligations payable from the Net Revenues of the System as and when the same become due. The City covenants that it will not grant or permit any free service from the System except for public buildings and institutions operated by the City. (d) Special Funds. The following special funds shall be maintained and accounted for as hereinafter provided so long as any of the Parity Bonds remain outstanding: (i) Waterworks and Sewer System Revenue Fund (the "Revenue Fund"); (ii) Waterworks and Sewer System Revenue Bond Interest and Sinking Fund (the "Interest and Sinking Fund"); and (iii) Waterworks and Sewer System Bond Reserve Fund (the"Reserve Fund"). The Revenue Fund shall be maintained as a separate account on the books of the City. The Interest and Sinking Fund and the Reserve Fund shall be maintained at an official depository bank of the City, separate and apart from all other funds and accounts of the City, and shall constitute trust funds which shall be held in trust for the benefit of the holders of the Parity Bonds, and the proceeds of which (except for interest income, which shall be transferred to the Revenue Fund) shall be and are hereby pledged to the payment of the Parity Bonds. All of the funds named above shall be used solely as provided in this Ordinance so long as any Parity Bonds remain outstanding. (e) Flow of Funds. All Gross Revenues of the System shall be deposited as collected into the Revenue Fund. Moneys from time to time on deposit to the credit of the Revenue Fund shall be applied as follows in the following order of priority: (i) First, to pay Maintenance and Operation Expenses and to provide by encumbrance for the payment of all obligations incurred by the City for Maintenance and Operation Expenses which may include an operating reserve equal to one month's estimated Maintenance and Operation Expenses. (ii) Second, to make all deposits into the Interest and Sinking Fund required by this Ordinance and any ordinance authorizing the issuance of any outstanding Additional Parity Bonds. (iii) Third, to make all deposits into the Reserve Fund required by this Ordinance and any ordinance authorizing the issuance of Additional Parity Bonds. (iv) Forth, to pay any amounts due to any bond insurer of Parity Bonds not paid pursuant to subsections (ii) or(ii) above. (v) Fifth, for any lawful purpose, including transfers to the General Fund as permitted by law. Such permitted transfers to the General Fund are hereby expressly authorized by this Ordinance and the purposes for which such surplus revenues may be used shall include, but not be limited to, payment of any other debt, expense, or obligation of the City. Whenever the total amounts on deposit to the credit of the Interest and Sinking Fund, Reserve Fund shall be equivalent to the sum of the aggregate principal amount of all outstanding Parity Bonds plus the aggregate amount of all interest accrued and to accrue thereon, no further payments need be made into the Interest and Sinking Fund, and the Reserve Fund. (f) Interest and Sinking Fund. On or before the last Business Day of each month so long as any Parity Bonds remain outstanding, after making all required payments and provision for payment of Maintenance and Operation Expenses, there shall be transferred into the Interest and Sinking Fund from the Revenue Fund the following amounts: (i) Such amounts, in approximately equal monthly installments, as will be sufficient to pay the interest scheduled to become due on the Parity Bonds on the next interest payment date; and (ii) Such amounts, in approximately equal monthly installments, as will be sufficient to pay the next maturing principal of the Parity Bonds, including the principal amounts of, and any redemption premiums on, any Parity Bonds payable as a result of the exercise or operation of any redemption provision contained in this Ordinance or in any ordinance authorizing the issuance of Parity Bonds. Moneys deposited to the credit of the Interest and Sinking Fund (except for interest income, which shall be transferred to the Revenue Fund) shall be used solely for the purpose of paying principal (either at maturity or prior redemption or to purchase Parity Bonds in the open market to be credited against mandatory redemption requirements), interest and redemption premiums on the Parity Bonds, plus all bank charges and other costs and expenses relating to such payment, on a pro rata basis among all series of Parity Bonds. On or before each principal and/or interest payment date for the Parity Bonds, the City shall transfer from the Interest and Sinking Fund to the paying agents for the Parity Bonds an amount equal to the principal, interest and redemption premiums payable on the Parity Bonds on such date, together with an amount equal to all bank charges and other costs and expenses relating to such payment. The paying agents for the Parity Bonds shall totally destroy all paid Parity Bonds and coupons (if any) and shall provide the City with an appropriate Bond of destruction. (g) Reserve Fund. Unless the Reserve Fund is fully funded, on or before the last Business Day of each month so long as any Parity Bonds remain outstanding, after making all required payments and provision for payment of Maintenance and Operation Expenses, and after making the transfers into the Interest and Sinking Fund required in the preceding Section, there shall be transferred into the Reserve Fund from the Revenue Fund an amount at least equal to one-sixtieth (1/60th) of the average annual principal and interest requirements on the Parity Bonds, so that the Reserve Fund shall contain, in no more than 60 months after the issuance of each such issue of Parity Bonds, money and investments in an aggregate amount at least equal to the average annual principal and interest requirements on all Parity Bonds then outstanding. After such amount has accumulated in the Reserve Fund and so long thereafter as such Fund contains such amount, no further deposits shall be required to be made into the Reserve Fund, and any excess amounts may be transferred to the Revenue Fund. But if and whenever the balance in the Reserve Fund is reduced below such amount, monthly deposits into such fund shall be resumed and continued in amounts at least equal to one-sixtieth (1/60th) of the average annual principal and interest requirements on the Parity Bonds until the Reserve Fund has been restored to such amount; provided however, if a Reserve Fund Policy has been obtained by the City pursuant to the next paragraph below, then the provisions of such next paragraph shall govern and control with respect to replenishment of amounts drawn under the Reserve Fund Surety Policy. The Reserve Fund shall be used to pay the principal of and interest on the Parity Bonds at any time when there is not sufficient money available in the Interest and Sinking Fund for such purpose and it may be used finally to pay and retire the last Parity Bonds to mature or be redeemed. To the extent permitted by law, the City expressly reserves the right at any time to satisfy all or any part of the amounts required to be on deposit in the Reserve Fund (the "Reserve Fund Requirement") by obtaining for the benefit of the Reserve Fund one or more Reserve Fund Surety Policies (a "Reserve Fund Surety Policy"). The purchase of such Reserve Fund Surety Policy is approved, and the Mayor, Mayor Pro-Tern, City Manager, Chief Financial Officer, City Clerk, Deputy City Clerk, and all other appropriate officers and agents of the City are each authorized to execute such documents, including but not limited to a reimbursement agreement, to grant a subordinated pledge and lien on the Net Revenues as security for the payment of amounts due under the reimbursement agreement (which grant if made is hereby approved), and to do any and all things necessary or desirable to obtain such a Policy if in the discretion of the acting official deems its acquisition in the best interests of the City. In the event the City elects to substitute at any time a Reserve Fund Surety Policy for any funded amounts in the Reserve Fund, it may apply any bond proceeds thereby released, to the greatest extent permitted by law, to any purposes for which the bonds were issued, and if all such purposes have been satisfied, to the payment of debt service on such bonds, and it may apply any other funds thereby released to any of the purposes for which such funds may lawfully be applied including the payment of debt service on the Parity Bonds. A Reserve Fund Surety Policy shall be an insurance policy or other similar guarantee in a principal amount equal to the portion of the Reserve Fund Requirement to be satisfied which is issued by a financial institution or insurance company with a rating for its long term unsecured debt or claims paying ability of at least an investment grade category by two major municipal securities evaluation sources. The premium for any such policy shall be paid from bond proceeds or other funds of the City lawfully available for such purpose. The City reserves the right to fund any increase in the Reserve Fund Requirement caused by the issuance of Additional Parity Bonds by the purchase of a Reserve Fund Surety Policy in the amount of such increase or by making transfers from the Revenue Fund to the Reserve Fund, in approximately equal monthly installments, in amounts sufficient to accumulate the increase in the Reserve Fund Requirement within sixty (60) months of the issuance of such Additional Parity Bonds. If the Reserve Fund contains only cash and the balance in the Reserve Fund is reduced below the Reserve Fund Requirement at any time, the City shall make monthly transfers from the Revenue Fund to the Reserve Fund, in approximately equal monthly installments, in amounts sufficient to restore the balance in the Reserve Fund to the Reserve Fund Requirement within twelve (12) months of the date on which the balance in the Reserve Fund was so reduced. If the Reserve Fund contains a Reserve Fund Surety Policy (and no cash) and a draw is made against such policy, the City shall make monthly transfers from the Revenue Fund, in approximately equal monthly installments, in amounts sufficient to reimburse the amount drawn under such policy within twelve (12) months. If the Reserve Fund contains a combination of cash and a Reserve Fund Surety Policy, and the balance in the Reserve Fund is reduced below the Reserve Fund Requirement by a combination of cash withdrawals and draws against the Reserve Fund Surety Policy, the City shall make monthly transfers from the Revenue Fund, in approximately equal monthly installments, in amounts sufficient to restore the cash balance in the Reserve Fund and reimburse the amount drawn under such policy within twelve (12) months, with reimbursement to be made for all amounts drawn under such policy before any cash deposits are made into the Reserve Fund. Any reimbursement of amounts drawn against a Reserve Fund Surety Policy shall be limited to the amounts actually paid under such policy, and the City shall have no obligation to make any reimbursement payment with respect to any such policy except as provided herein. Notwithstanding anything to the contrary contained herein, the requirement set forth above in this subsection to maintain the Reserve Fund Requirement in the Reserve Fund shall be suspended for such time as the Net Revenues for each Fiscal Year are equal to at least 1.30 times the Average Annual Debt Service Requirements. In the event that the Net Revenues for any Fiscal Year are less than 1.30 times the Average Annual Debt Service Requirements, the City will be required to commence making Required Reserve Fund Deposits, as provided above, and to continue such Required Reserve Fund Deposits until the earlier of(i) such time as the Reserve Fund contains the Reserve Fund Requirement or (ii) the Net Revenues in each of two consecutive years have been equal to not less than 1.30 times the Average Annual Debt Service Requirements. During such time as the Reserve Fund contains the Reserve Fund Requirement or the obligation to maintain the Reserve Fund Requirement has been suspended pursuant to the paragraph above, the City may, at its option,withdraw all surplus funds in the Reserve Fund and deposit such surplus in the Interest and Sinking Fund or otherwise use such amount in any manner permitted by law. (h) Deficiencies in Funds. If in any month there shall not be deposited into any Fund maintained pursuant to this Section 21 the full amounts required herein, amounts equivalent to such deficiency shall be set apart and paid into such Fund or Funds from the first available and unallocated money in the Revenue Fund, and such payment shall be in addition to the amounts otherwise required to be paid into such Funds during the succeeding month or months. To the extent necessary, the rates and charges for the System shall be increased to make up for any such deficiencies. (i) Investment of Funds; Transfer of Investment Income. Money in each Fund maintained pursuant to this Section of this Ordinance may, at the option of the City, be invested as permitted by law, provided that all such deposits and investments shall be made in such manner that the money required to be expended from any Fund will be available at the proper time or times. Any obligation in which money is so invested shall be kept and held in the Fund from which the investment was made. All such investments shall be promptly sold when necessary to prevent any default in connection with the Parity Bonds. All interest and income derived from such deposits and investments shall be transferred or credited as received to the Revenue Fund, and shall constitute Gross Revenues of the System; provided, however, to the extent such interest and income is derived from bond proceeds, such interest and income shall not constitute Gross Revenues of the System and shall only be used for the purposes for which the bond proceeds may be used. 22. Additional Bonds. (a) Additional Parity Bonds. In addition to the right to issue bonds of inferior lien as authorized by law, the City reserves the right to issue, for any lawful purpose, including the refunding of any previously issued, Parity Bonds or any other bonds or obligations of the City issued in connection with the System, one or more series of Additional Parity Bonds payable from, and secured by a lien on and pledge of, the Net Revenues of the System, on a parity with the Bonds and any other Additional Parity Bonds then outstanding; provided, however, that no Additional Parity Bonds may be issued unless: (i) The Additional Parity Bonds mature on September 1, and interest is payable on March 1 and September 1; (ii) The Interest and Sinking Fund contain the amount of money then required to be on deposit therein; (iii) For either the preceding Fiscal Year or any consecutive 12-month calendar period ending no more than 90 days prior to adoption of the ordinance authorizing such Additional Parity Bonds,Net Revenues were equal to at least 125% of the average annual principal and interest requirements on all Parity Bonds that will be outstanding after the issuance of the series of Additional Parity Bonds then proposed to be issued, as certified by the City's Finance Officer or by an independent certified public accountant or firm of independent certified public accountants; or (iv) If the City cannot meet the test described in (iii) above, but a change in the rates and charges applicable to the System becomes effective at least sixty (60) days prior to the adoption of the ordinance authorizing Additional Parity Bonds and the City's Finance Officer certifies that, had such change in rates and charges been effective for the preceding fiscal year or 12 consecutive calendar month period ending no more than 90 days prior to adoption of said ordinance, the Net Revenues for such period would have met the test described in(iii) above. (b) Subordinate Lien Obligations. The City reserves the right to issue, for any lawful purpose, bonds, notes or other obligations (including but not limited to reimbursement agreements undertaken to obtain reserve fund security policies) secured in whole or in part by liens on and pledges of the Net Revenues that are junior and subordinate to the lien on and pledge of Net Revenues securing payment of the Parity Bonds. Such subordinate lien obligations may be further secured by any other source of payment lawfully available for such purposes. (c) Special Project Bonds. The City reserves the right to issue revenue bonds secured by liens on and pledges of revenues and proceeds derived from Special Projects. 23. Covenants and Provisions Relating to all Parity Bonds. (a) Punctual Payment of Parity Bonds. The City will punctually pay or cause to be paid the interest on and principal of all Parity Bonds according to the terms thereof and will faithfully do and perform, and at all times fully observe, any and all covenants, undertakings, stipulations and provisions contained in this Ordinance and in any ordinance authorizing the issuance of Additional Parity Bonds. (b) Maintenance of System. So long as any Parity Bonds remain outstanding, the City covenants that it will at all times maintain the System, or within the limits of its authority cause the same to be maintained, in good condition and working order and will operate the same, or cause the same to be operated, in an efficient and economical manner at a reasonable cost and in accordance with sound business principles. In operating and maintaining the System, the City will comply with all contractual provisions and agreements entered into by it and with all valid rules, regulations, directions or order of any governmental, administrative or judicial body promulgating same, noncompliance with which would materially and adversely affect the operation of the System. (c) Sale or Encumbrance of System. So long as any Parity Bond remains outstanding, the City will not sell, dispose of or, except as permitted in this Ordinance, further encumber the System; provided, however, that this provision shall not prevent the City from disposing of any portion of the System which is being replaced or is deemed by the City to be obsolete, worn out, surplus or no longer needed for the proper operation of the System. Any agreement pursuant to which the City contracts with a person, corporation, municipal corporation or political subdivision to operate the System or to lease and/or operate all or part of the System shall not be considered as an encumbrance of the System. (d) Insurance. The City further covenants and agrees that it will keep the System insured with insurers of good standing against risks, accidents or casualties against which and to the extent insurance is customarily carried by political subdivisions of the State of Texas operating similar properties, to the extent that such insurance is available. The cost of all such insurance, together with any additional insurance, shall be a part of the Maintenance and Operation Expenses. All net proceeds of such insurance shall be applied to repair or replace the insured property that is damaged or destroyed, or to make other capital improvements to the System, or to redeem Parity Bonds. (e) Accounts, Records and Audits. So long as any Parity Bonds remain outstanding, the City covenants and agrees that it will maintain a proper and complete system of records and accounts pertaining to the operation of the System in which full, true and proper entries will be made of all dealings, transactions, business and affairs which in any way affect or pertain to the System or the Gross Revenues or the Net Revenues thereof The City shall after the close of each of its Fiscal Years cause an audit report of such records and accounts to be prepared by an independent certified public accountant or independent firm of certified public accountants. Each year promptly after such audit report is prepared, the City shall furnish a copy thereof without cost to the Municipal Advisory Council of Texas and any holders of Parity Bonds who shall request same. All expenses incurred in preparing such audits shall be Maintenance and Operation Expenses. (f) Competition. To the extent it legally may, the City will not grant any franchise or allow for the acquisition, construction or operation of any competing facilities which might be used as a substitute for the System and will prohibit the operation of any such competing facilities. (g) Pledge and Encumbrance of Net Revenues. The City covenants and represents that it has the lawful power to pledge the Net Revenues to the payment of the Parity Bonds and has lawfully exercised such power under the Constitution and laws of the State of Texas. The City further covenants and represents that, other than to the payment of the Parity Bonds,the Net Revenues are not and will not be pledged to the payment of any debt or obligation of the City, or in any other manner encumbered unless such pledge or encumbrance is junior and subordinate to the lien and pledge securing payment of the Parity Bonds. (h) Remedies. This Ordinance shall constitute a contract between the City and the holders of the Parity Bonds from time to time outstanding, and shall remain in effect until the Parity Bonds and the interest thereon shall be fully paid or discharged or provision therefor shall have been made as provided herein. In the event of a default in the payment of the principal of or interest on any of the Parity Bonds or a default in the performance of any duty or covenant provided by law or in this Ordinance, the holder or holders of any of the Parity Bonds, as appropriate, may pursue all legal remedies afforded by the Constitution and laws of the State of Texas to compel the City to remedy such default and to prevent further default or defaults. Without in any way limiting the generality of the foregoing, it is expressly provided that any holder of any of the Parity Bonds may at law or in equity, by suit, action, mandamus, or other proceedings, enforce and compel performance of all duties required to be performed by the City under this Ordinance, including the making and collection of reasonable and sufficient rates and charges for the use and services of the System, the deposit of the Gross Revenues thereof into the special funds as herein provided, and the application of such Gross Revenues and Net Revenues in the manner required in this Ordinance. Acceleration of payment of principal of or interest on the Parity Bonds shall not be a remedy of default. (i) Legal Holidays. In any case where the date fixed for payment of interest on or principal of the Parity Bonds or the date fixed for redemption of any Parity Bonds shall be a legal holiday or a day on which a paying agent for the Parity Bonds is authorized by law to close, then payment of interest or principal by such paying agent need not be made on such date but may be made on the next succeeding business day with the same force and effect as if made on the date fixed for such payment and no interest shall accrue for the period from such date to the date of actual payment. (j) Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner and at such time or times as in the judgment of the City shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. 24. Further Proceedings. After the Bonds to be initially issued shall have been executed, it shall be the duty of the Mayor and other appropriate officials and agents of the City to deliver the Bonds to be initially issued and all pertinent records and proceedings to the Attorney General of the State of Texas, for examination and approval. After the Bonds to be initially issued shall have been approved by the Attorney General, they shall be delivered to the Comptroller of Public Accounts of the State of Texas for registration. Upon registration of the Bonds to be initially issued, the Comptroller of Public Accounts (or the Comptroller's bond clerk or an assistant bond clerk lawfully designated in writing to act for the Comptroller) shall manually sign the Comptroller's Registration Certificate prescribed herein and the seal of said Comptroller shall be impressed or placed in facsimile, thereon. 25. Engagement of Professionals. The City Council hereby(i) confirms the engagement of RBC Capital Markets, LLC, as Municipal Advisor, to the City and (ii) confirms the engagement of Holland & Knight LLP, as bond counsel to the City, and (iii) the underwriting syndicate as identified in the Pricing Certificate. 26. Proceeds of Sale. Proceeds from the sale of the Bonds, together with other funds of the City, if any, shall, promptly upon receipt by the City, be applied as set forth in the Pricing Certificate. Any proceeds remaining after the accomplishment of such purposes, including interest earnings on the investment of such proceeds, shall be deposited to the Interest and Sinking Fund. 27. Bond Insurance. (a) In order to obtain the lowest attainable interest rates on the Bonds, the Pricing Officers are authorized to enter into a credit agreement with one or more Bond Insurers to obtain one or more bond insurance policies with respect to all or a portion of the Bonds as set forth in the Pricing Certificate. The Pricing Officers are authorized to execute and the City Clerk is authorized to attest and affix the City's seal to any documents required in connection with the purchase of any such policy or policies. The City hereby agrees to provisions set forth in the Pricing Certificate. 28. Paying Agent/Registrar Agreement. The paying agent/registrar agreement (the "Paying Agent Agreement") by and between the City and the Paying Agent, a form of which is attached to the Pricing Certificate, is hereby approved, together with such changes or revisions as may be necessary to accomplish the refunding or benefit the City, an is hereby authorized to be executed by the Mayor or Mayor Pro Tem and City Clerk for and on behalf of the City. 29. Official Statement. The Preliminary Official Statement and the Official Statement prepared in the initial offering and sale of the Bonds have been and are hereby authorized, approved and ratified as to form and content. The use of the Preliminary Official Statement and the Official Statement in the reoffering of the Bonds by the Underwriter is hereby approved, authorized and ratified. The proper officials of the City are hereby authorized to execute and deliver a Bond pertaining to the Preliminary Official Statement and the Official Statement as prescribed therein, dated as of the date set forth herein. 30. No Personal Liability. No recourse shall be had for payment of the principal of or interest on any Bonds or for any claim based thereon, or on this Ordinance, against any official or employee of the City or any person executing any Bonds. 31. Continuing Disclosure Undertaking. (a) Annual Reports. The City undertakes and agrees for the benefit of the Bond holders to provide annually to the MSRB, within six months after the end of each fiscal year, financial information and operating data with respect to the City of the general type included in the final Official Statement authorized in this Ordinance (i) under the headings "CITY WA I LRWORKS AND SEWER SYSTEM REVENUE DEBT," "ADMINISTRATION OF THE CITY," "THE SYSTEM-WATER AND SEWER RATES" and in APPENDIX B. The information to be provided shall include the financial statements of the City prepared in accordance with the accounting principles the City may be required to employ from time to time pursuant to State law or regulation and audited, if the audit is completed within the period during which they must be provided. If the audit of such financial statements is not completed within such period, then the City shall provide unaudited financial statements for the applicable fiscal year to the MSRB within such six month period, and audited financial statements when the audit report on such statement becomes available. If the City changes its fiscal year, it will notify the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide fmancial information and operating data pursuant to this Section. The fmancial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB)that theretofore has been provided to the MSRB or filed with the SEC. (a) Material Event Notices. The City shall notify the MSRB, in a timely manner, of any of the following events with respect to the Bonds, if such event is material within the meaning of the federal securities laws: i. Principal and interest payment delinquencies; ii. Non-payment related defaults, if material; iii. Unscheduled draws on debt service reserves reflecting fmancial difficulties; iv. Unscheduled draws on credit enhancements reflecting fmancial difficulties; v. Substitution of credit or liquidity providers,or their failure to perform; vi. Adverse tax opinions or the issuance by the Internal Revenue Service of proposed or final determination of taxability,Notices of Proposed Issue (IRS Form 5701-1'EB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security; vii. Modifications to rights of Bondholders,if material; viii. Bond calls, if material, and tender offers; ix. Defeasances; x. Release, substitution or sale of property securing repayment of the securities, if material; xi. Rating changes; Note to paragraph(xi): For the purposes of the event identified in paragraph(k) of this section,the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for the City in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. xii. Bankruptcy, insolvency, or receivership, or similar event of the obligated person; xiii. The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business,the entry into a definitive agreement or undertake such action, or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms,if material; xiv. Appointment of a successor or additional trustee or the change of name of a trustee,if material: xv. Incurrence of a financial obligation of the City, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the City, any of which affect security holders, if material; and xvi. Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the City any of which reflect fmancial difficulties. The City shall notify the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with section (a) above. All documents provided to the MSRB shall be accompanied by identifying information as prescribed by the MSRB. The City reserves the right to file all information and notices required under this Article through the facilities of DisclosureUSA or any other central post office approved by the SEC for such purpose. (b) Limitations, Disclaimers and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the City in any event will give notice of any deposit made in accordance with Texas law that causes Bonds no longer to be outstanding. The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CON TRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION OR FROM ANY STATEMENT MADE PURSUANT TO THIS SECTION. HOLDERS OR BENEFICIAL OWNERS OF BONDS MAY SEEK AS THEIR SOLE REMEDY A WRIT OF MANDAMUS TO COMPEL THE CITY TO COMPLY WITH ITS AGREEMENT. No default by the City with respect to its continuing disclosure agreement shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status or type of operations of the City, if (i) the agreement, as amended, would have permitted the Underwriter to purchase or sell the Bonds in the initial primary offering in compliance with the Rule, taking into account any amendments or interpretations of such rule to the date of such amendment, as well as such changed circumstances, and (ii) either (a) the holders of a majority in aggregate principal amount of the outstanding Bonds consent to such amendment, or(b) any person unaffiliated with the City(such as nationally recognized bond counsel) determines the amendment will not materially impair the interests of the holders and beneficial owners of the Bonds. The City may also amend or repeal the obligations and agreement in this Section if the SEC amends or repeals the applicable provisions of the Rule or a court of final jurisdiction determines that such provisions are invalid, and the City may amend the agreement in its discretion in any other circumstance or manner, but in either case only to the extent that its right to do so would not prevent an underwriter from lawfully purchasing or reselling the Bonds in the primary offering of the Bonds in compliance with the Rule. If the City amends its agreement, it must include with the next financial information and operating data provided in accordance with its agreement an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of information and operating data so provided. 32. Appointment of Escrow Agent; Approval of Escrow Agreement. The escrow agent identified in the Pricing Certificate is hereby appointed Escrow Agent for the purpose of refunding the Refunded Bonds. The Mayor and the City Clerk are hereby authorized and directed to execute the Escrow Agreement on behalf of the City, the term and provisions of which are hereby approved. 33. Redemption of Refunded Bonds; Verification Agent. The Refunded Bonds are hereby called for redemption prior to maturity on the dates and at the redemption prices set forth in Schedule I. The City Clerk is hereby authorized and directed to cause to be delivered to the paying agent/registrar for the Refunded Bonds a certified copy of this Ordinance calling the Refunded Bonds for redemption. The delivery of this Ordinance to the paying agent/registrar for the Refunded Bonds shall constitute the giving of notice of redemption to the paying agent/registrar for the Refunded Bonds, and such paying agent/registrar is hereby authorized and directed to give notice of redemption to the owners of the Refunded Bonds in accordance with the requirements of the respective ordinances authorizing the issuance thereof. Following the deposit to the Escrow Fund,the Refunded Bonds shall be payable solely from and secured by the cash and securities on deposit in the Escrow Fund for the purpose of refunding the Refunded Bonds and shall case to be payable from any other source. If necessary a verification agent shall be appointed as described in the Pricing Certificate. 35. Bond Insurance. In order to obtain the lowest attainable interest rates on the Bonds, the Mayor is authorized to enter into a credit agreement with one or more Insurers to obtain one or more bond insurance policies with respect to all or a portion of the Bonds. The Mayor is authorized to execute and the City Clerk or City Clerk is authorized to attest and affix the City's seal to any documents required in connection with the purchase of any such policy or policies. The City hereby agrees to the following: (a) "Insurance Policy" shall be defined as follows: "the insurance policy issued by the Insurer guaranteeing the scheduled payment of principal of and interest on the Bonds when due". "Insurer" shall be defined as follows: "Assured Guaranty Municipal Corp., a New York stock insurance company, or any successor thereto or assignee thereof". (b) The prior written consent of the Insurer shall be a condition precedent to the deposit of any credit instrument provided in lieu of a cash deposit into the Debt Service Reserve Fund, if any. Notwithstanding anything to the contrary set forth in the Ordinance, amounts on deposit in the Debt Service Reserve Fund shall be applied solely to the payment of debt service due on the Bonds. (c) The Insurer shall be deemed to be the sole holder of the Insured Bonds for the purpose of exercising any voting right or privilege or giving any consent or direction or taking any other action that the holders of the Bonds insured by it are entitled to take pursuant to the section or article of the Ordinance pertaining to (i) defaults and remedies and (ii) the duties and obligations of the Paying Agent. In furtherance thereof and as a term of the Ordinance and each Bond, the Paying Agent and each Bondholder appoint the Insurer as their agent and attorney-in-fact and agree that the Insurer may at any time during the continuation of any proceeding by or against the Issuer under the United States Bankruptcy Code or any other applicable bankruptcy, insolvency, receivership, rehabilitation or similar law (an "Insolvency Proceeding") direct all matters relating to such Insolvency Proceeding, including without limitation, (A) all matters relating to any claim or enforcement proceeding in connection with an Insolvency Proceeding (a "Claim"), (B) the direction of any appeal of any order relating to any Claim, (C) the posting of any surety, supersedeas or performance bond pending any such appeal, and (D) the right to vote to accept or reject any plan of adjustment. In addition, the Paying Agent and each Bondholder delegate and assign to the Insurer, to the fullest extent permitted by law, the rights of the Paying Agent and each Bondholder in the conduct of any Insolvency Proceeding, including, without limitation, all rights of any party to an adversary proceeding or action with respect to any court order issued in connection with any such Insolvency Proceeding. Remedies granted to the Bondholders shall expressly include mandamus. (d) The security for the Bonds shall include a pledge of any agreement with any underlying obligor that is a source of payment for the Bonds and a default under any such agreement shall constitute an Event of Default under the Ordinance. If acceleration is permitted under the Ordinance, the maturity of Bonds insured by the Insurer shall not be accelerated without the consent of the Insurer and in the event the maturity of the Bonds is accelerated, the Insurer may elect, in its sole discretion, to pay accelerated principal and interest accrued on such principal to the date of acceleration (to the extent unpaid by the Issuer) and the Paying Agent shall be required to accept such amounts. Upon payment of such accelerated principal and interest accrued to the acceleration date as provided above, the Insurer's obligations under the Insurance Policy with respect to such Bonds shall be fully discharged. No grace period for a covenant default shall exceed 30 days or be extended for more than 60 days, without the prior written consent of the Insurer. No grace period shall be permitted for payment defaults. (e) The Insurer shall be included as a third party beneficiary to the Ordinance. Upon the occurrence of an extraordinary optional, special or extraordinary mandatory redemption in part,the selection of Bonds to be redeemed shall be subject to the approval of the Insurer. The exercise of any provision of the Ordinance which permits the purchase of Bonds in lieu of redemption shall require the prior written approval of the Insurer if any Bond so purchased is not cancelled upon purchase. Any amendment, supplement, modification to, or waiver of, the Ordinance or any other transaction document, including any.underlying security agreement (each a "Related Document"), that requires the consent of Bondowners or adversely affects the rights and interests of the Insurer shall be subject to the prior written consent of the Insurer. (f) Unless the Insurer otherwise directs, upon the occurrence and continuance of an Event of Default or an event which with notice or lapse of time would constitute an Event of Default, amounts on deposit in the Construction Fund shall not be disbursed, but shall instead be applied to the payment of debt service or redemption price of the Bonds. The rights granted to the Insurer under the Ordinance or any other Related Document to request, consent to or direct any action are rights granted to the Insurer in consideration of its issuance of the Insurance Policy. Any exercise by the Insurer of such rights is merely an exercise of the Insurer's contractual rights and shall not be construed or deemed to be taken for the benefit, or on behalf, of the Bondholders and such action does not evidence any position of the Insurer, affirmative or negative, as to whether the consent of the Bondowners or any other person is required in addition to the consent of the Insurer. (g) Only (1) cash, (2) non-callable direct obligations of the United States of America ("Treasuries"), (3) evidences of ownership of proportionate interests in future interest and principal payments on Treasuries held by a bank or trust company as custodian, under which the owner of the investment is the real party in interest and has the right to proceed directly and individually against the obligor and the underlying Treasuries are not available to any person claiming through the custodian or to whom the custodian may be obligated, (4) subject to the prior written consent of the Insurer, pre-refunded municipal obligations rated "AAA" and "Aaa" by S&P and Moody's, respectively, or (5) subject to the prior written consent of the Insurer, securities eligible for "AAA" defeasance under then existing criteria of S&P or any combination thereof, shall be used to effect defeasance of the Bonds unless the Insurer otherwise approves. Any obligations or securities deposited as provided in this paragraph, shall qualify under Section 1207.062(b) of the Local Government Code, as amended. To accomplish defeasance, the Issuer shall cause to be delivered (i) a report of an independent firm of nationally recognized certified public accountants or such other accountant as shall be acceptable to the Insurer ("Accountant") verifying the sufficiency of the escrow established to pay the Bonds in full on the maturity or redemption date ("Verification"), (ii) an Escrow Deposit Agreement (which shall be acceptable in form and substance to the Insurer), (iii) an opinion of nationally recognized bond counsel to the effect that the Bonds are no longer "Outstanding" under the Ordinance and (iv) a certificate of discharge of the Paying Agent with respect to the Bonds; each Verification and defeasance opinion shall be acceptable in form and substance, and addressed, to the Issuer, Paying Agent and Insurer. The Insurer shall be provided with final drafts of the above-referenced documentation not less than five business days prior to the funding of the escrow. Bonds shall be deemed Outstanding under the Ordinance unless and until they are in fact paid and retired or the above criteria are met. Notwithstanding the above, in the event any provisions in this Section 30(1) conflict with Section 1207.033 of the Texas Government Code, as amended ("Section 1207.033"), the provisions of Section 1207.033 shall prevail. (h) Amounts paid by the Insurer under the Insurance Policy shall not be deemed paid for purposes of the Ordinance and the Bonds relating to such payments shall remain Outstanding and continue to be due and owing until paid by the Issuer in accordance with the Ordinance. The Ordinance shall not be discharged unless all amounts due or to become due to the Insurer have been paid in full or duly provided for. (i) Each of the Issuer and Paying Agent covenant and agree to take such action (including, as applicable, filing of UCC financing statements and continuations thereof) as is necessary from time to time to preserve the priority of the pledge of the Trust Estate under applicable law. Claims Upon the Insurance Policy and Payments by and to the Insurer. If, on the third Business Day prior to the related scheduled interest payment date or principal payment date ("Payment Date") there is not on deposit with the Paying Agent, after making all transfers and deposits required under the Ordinance, moneys sufficient to pay the principal of and interest on the Bonds due on such Payment Date, the Paying Agent shall give notice to the Insurer and to its designated agent(if any) (the "Insurer's Fiscal Agent") by telephone or telecopy of the amount of such deficiency by 12:00 noon, New York City time, on such Business Day. If, on the second Business Day prior to the related Payment Date, there continues to be a deficiency in the amount available to pay the principal of and interest on the Bonds due on such Payment Date, the Paying Agent shall make a claim under the Insurance Policy and give notice to the Insurer and the Insurer's Fiscal Agent (if any) by telephone of the amount of such deficiency, and the allocation of such deficiency between the amount required to pay interest on the Bonds and the amount required to pay principal of the Bonds, confirmed in writing to the Insurer and the Insurer's Fiscal Agent by 12:00 noon,New York City time, on such second Business Day by filling in the form of Notice of Claim and Certificate delivered with the Insurance Policy. The Paying Agent shall designate any portion of payment of principal on Bonds paid by the Insurer, whether by virtue of mandatory sinking fund redemption, maturity or other advancement of maturity, on its books as a reduction in the principal amount of Bonds registered to the then current Bondholder, whether DTC or its nominee or otherwise, and shall issue a replacement Bond to the Insurer, registered in the name of Assured Guaranty Municipal Corp., in a principal amount equal to the amount of principal so paid (without regard to authorized denominations); provided that the Paying Agent's failure to so designate any payment or issue any replacement Bond shall have no effect on the amount of principal or interest payable by the Issuer on any Bond or the subrogation rights of the Insurer. The Paying Agent shall keep a complete and accurate record of all funds deposited by the Insurer into the Policy Payments Account (defined below) and the allocation of such funds to payment of interest on and principal of any Bond. The Insurer shall have the right to inspect such records at reasonable times upon reasonable notice to the Paying Agent. Upon payment of a claim under the Insurance Policy, the Paying Agent shall establish a separate special purpose trust account for the benefit of Bondholders referred to herein as the "Policy Payments Account" and over which the Paying Agent shall have exclusive control and sole right of withdrawal. The Paying Agent shall receive any amount paid under the Insurance Policy in trust on behalf of Bondholders and shall deposit any such amount in the Policy Payments Account and distribute such amount only for purposes of making the payments for which a claim was made. Such amounts shall be disbursed by the Paying Agent to Bondholders in the same manner as principal and interest payments are to be made with respect to the Bonds under the sections hereof regarding payment of Bonds. It shall not be necessary for such payments to be made by checks or wire transfers separate from the check or wire transfer used to pay debt service with other funds available to make such payments. Notwithstanding anything herein to the contrary, the Issuer agrees to pay to the Insurer (i) a sum equal to the total of all amounts paid by the Insurer under the Insurance Policy (the "Insurer Advances"); and (ii) to the extent permitted by law and subject to annual appropriation, interest on such Insurer Advances from the date paid by the Insurer until payment thereof in full, payable to the Insurer at the Late Payment Rate per annum (collectively, the "Insurer Reimbursement Amounts"). "Late Payment Rate" means the lesser of(a) the greater of(i) the per annum rate of interest, publicly announced from time to time by JPMorgan Chase Bank at its principal office in The City of New York, as its prime or base lending rate (any change in such rate of interest to be effective on the date such change is announced by JPMorgan Chase Bank)plus 3%, and (ii)the then applicable highest rate of interest on the Bonds and (b) the maximum rate permissible under applicable usury or similar laws limiting interest rates. The Late Payment Rate shall be computed on the basis of the actual number of days elapsed over a year of 360 days. The Issuer hereby covenants and agrees that the Insurer Advances are secured by a lien on and pledge of the Net Revenues and payable from such Net Revenues on a parity with debt service due on the Bonds. Funds held in the Policy Payments Account shall not be invested by the Paying Agent and may not be applied to satisfy any costs, expenses or liabilities of the Paying Agent. Any funds remaining in the Policy Payments Account following a Bond payment date shall promptly be remitted to the Insurer. (j) The Insurer shall, to the extent it makes any payment of principal of or interest on the Bonds, become subrogated to the rights of the recipients of such payments in accordance with the terms of the Insurance Policy (which subrogation rights shall also include the rights of any such recipients in connection with any Insolvency Proceeding). Each obligation of the Issuer to the Insurer under the Related Documents shall survive discharge or termination of such Related Documents. The Issuer shall pay or reimburse the Insurer any and all charges, fees, costs and expenses that the Insurer may reasonably pay or incur in connection with (i) the administration, enforcement, defense or preservation of any rights or security in any Related Document; (ii) the pursuit of any remedies under the Ordinance or any other Related Document or otherwise afforded by law or equity, (iii) any amendment, waiver or other action with respect to, or related to, the Ordinance or any other Related Document whether or not executed or completed, or (iv) any litigation or other dispute in connection with the Ordinance or any other Related Document or the transactions contemplated thereby, other than costs resulting from the failure of the Insurer to honor its obligations under the Insurance Policy. The Insurer reserves the right to charge a reasonable fee as a condition to executing any amendment, waiver or consent proposed in respect of the Ordinance or any other Related Document. After payment of reasonable expenses of the Paying Agent, the application of funds realized upon default shall be applied to the payment of expenses of the Issuer or rebate only after the payment of past due and current debt service on the Bonds and amounts required to restore the Debt Service Reserve Fund to the Debt Service Reserve Requirement. The Insurer shall be entitled to pay principal or interest on the Bonds that shall become Due for Payment but shall be unpaid by reason of Nonpayment by the Issuer (as such terms are defined in the Insurance Policy) and any amounts due on the Bonds as a result of acceleration of the maturity thereof in accordance with the Ordinance, whether or not the Insurer has received a Notice of Nonpayment (as such terms are defined in the Insurance Policy) or a claim upon the Insurance Policy. The notice address of the Insurer is: Assured Guaranty Municipal Corp., 31 West 52nd Street, New York, New York 10019, Attention: Managing Director — Surveillance, Re: Policy No. 216211-N, Telephone: (212) 826-0100; Telecopier: (212) 339-3556. In each case in which notice or other communication refers to an Event of Default, then a copy of such notice or other communication shall also be sent to the attention of the General Counsel and shall be marked to indicate"URGENT MATERIAL ENCLOSED." (k) The Insurer shall be provided with the following information by the Issuer or Paying Agent, as the case may be: (i) Annual audited fmancial statements within 180 days (or such longer period agreed to by AGM) after the end of the Issuer's fiscal year(together with a certification of the Issuer that it is not aware of any default or Event of Default under the Ordinance), and the Issuer's annual budget within 30 days after the approval thereof together with such other information, data or reports as the Insurer shall reasonably request from time to time; (ii) Notice of any draw upon the Debt Service Reserve Fund within two Business Days after knowledge thereof other than (i) withdrawals of amounts in excess of the Debt Service Reserve Requirement and (ii) withdrawals in connection with a refunding of Bonds; (iii) Notice of any default known to the Paying Agent or Issuer within five Business Days after knowledge thereof; (iv) Prior notice of the advance refunding or redemption of any of the Bonds, including the principal amount,maturities and CUSIP numbers thereof; (v) Notice of the resignation or removal of the Paying Agent and Bond Registrar and the appointment of, and acceptance of duties by, any successor thereto; (vi) Notice of the commencement of any proceeding by or against the Issuer or Obligor commenced under the United States Bankruptcy Code or any other applicable bankruptcy, insolvency, receivership, rehabilitation or similar law(an"Insolvency Proceeding"); (vii) Notice of the making of any claim in connection with any Insolvency Proceeding seeking the avoidance as a preferential transfer of any payment of principal of, or interest on,the Bonds; (viii) A full original transcript of all proceedings relating to the execution of any amendment, supplement, or waiver to the Related Documents; and (ix) All reports, notices and correspondence to be delivered to Bondholders under the terms of the Related Documents. In addition, to the extent that the Issuer has entered into a continuing disclosure agreement, covenant or undertaking with respect to the Bonds, all information furnished pursuant to such agreements shall also be provided to the Insurer, simultaneously with the furnishing of such information. The Insurer shall have the right to receive such additional information as it may reasonably request. The Issuer will permit the Insurer to discuss the affairs, finances and accounts of the Issuer or any information the Insurer may reasonably request regarding the security for the Bonds with appropriate officers of the Issuer and will use commercially reasonable efforts to enable the Insurer to have access to the facilities, books and records of the Issuer on any business day upon reasonable prior notice. The Issuer shall notify the Insurer of any failure of the Issuer to provide notices, certificates and other information under the transaction documents. Notwithstanding satisfaction of the other conditions to the issuance of Additional Bonds set forth in the Ordinance, no such issuance may occur (1) if an Event of Default (or any event which, once all notice or grace periods have passed, would constitute an Event of Default) exists unless such default shall be cured upon such issuance and (2) unless the Debt Service Reserve Fund is fully funded at the Debt Service Reserve Requirement (including the proposed issue) upon the issuance of such Additional Bonds, in either case unless otherwise permitted by the Insurer. In determining whether any amendment, consent, waiver or other action to be taken, or any failure to take action, under the Ordinance would adversely affect the security for the Bonds or the rights of the Bondholders, the Paying Agent shall consider the effect of any such amendment, consent, waiver, action or inaction as if there were no Insurance Policy. No contract shall be entered into or any action taken by which the rights of the Insurer or security for or sources of payment of the Bonds may be impaired or prejudiced in any material respect except upon obtaining the prior written consent of the Insurer. If the Bonds are issued for refunding purposes, there shall be delivered an opinion of Bond Counsel addressed to the Insurer (or a reliance letter relating thereto), or a certificate of discharge of the Paying Agent for the Refunded Bonds, to the effect that, upon the making of the required deposit to the escrow, the legal defeasance of the Refunded Bonds shall have occurred. If the Refunded Bonds are insured by Assured Guaranty Municipal Corp., at least three business days prior to the proposed date for delivery of the Policy with respect to the Refunding Bonds, the Insurer shall also receive (i) the verification letter, of which the Insurer shall be an addressee, by an independent firm of certified public accountants which is either nationally recognized or otherwise acceptable to the Insurer, of the adequacy of the escrow established to provide for the payment of the Refunded Bonds in accordance with the terms and provisions of the Escrow Deposit Agreement, and (ii) the form of an opinion of Bond Counsel addressed to the Insurer (or a reliance letter relating thereto) to the effect that the Escrow Deposit Agreement is a valid and binding obligation of the parties thereto, enforceable in accordance with its terms (such Escrow Deposit Agreement shall provide that no amendments are permitted without the prior written consent of the Insurer). An executed copy of each of such opinion and reliance letter, if applicable, or Paying Agent's discharge certificate, as the case may be, shall be forwarded to the Insurer prior to delivery of the Bonds. Any interest rate exchange agreement ("Swap Agreement") entered into by the Issuer shall meet the following conditions: (i) the Swap Agreement must be entered into to manage interest costs related to, or a hedge against (a) assets then held, or (b) debt then outstanding, or (iii) debt reasonably expected to be issued within the next twelve (12) months, and (ii) the Swap Agreement shall not contain any leverage element or multiplier component greater than 1.0x unless there is a matching hedge arrangement which effectively off-sets the exposure from any such element or component. Unless otherwise consented to in writing by the Insurer, any uninsured net settlement, breakage or other termination amount then in effect shall be subordinate to debt service on the Bonds and on any debt on parity with the Bonds. The Issuer shall not terminate a Swap Agreement unless it demonstrates to the satisfaction of the Insurer prior to the payment of any such termination amount that such payment will not cause the Issuer to be in default under the Related Documents, including but not limited to, any monetary obligations thereunder. All counterparties or guarantors to any Swap Agreement must have a rating of at least "A-" and "A3" by Standard & Poor's (`S&P") and Moody's Investors Service ("Moody's"). If the counterparty or guarantor's rating falls below "A-" or "A3" by either S&P or Moody's, the counterparty or guarantor shall execute a credit support annex to the Swap Agreement, which credit support annex shall be acceptable to the Insurer. If the counterparty or the guarantor's long term unsecured rating falls below "Baal" or "BBB+" by either Moody's or S&P, a replacement counterparty or guarantor, acceptable to the Insurer, shall be required. Any consent, approval or permit required herein by the Insurer shall not be unreasonably withheld. 36. Repealer. All orders, resolutions, and ordinances, and parts thereof inconsistent herewith are hereby repealed to the extent of such inconsistency. 37. Effective Date. This Ordinance shall be in force and effect from and after its final passage, and it is so ordered. 38. Amendment of Ordinance. (a) If and to the extent permitted by this Ordinance, the owners of the Bonds aggregating in the principal amount of 51% of the aggregate principal amount of the outstanding Bonds shall have the right from time to time to approve any amendment to this Ordinance which may be deemed necessary or desirable by the City provided, however, that without the consent of the owners of all of the Bonds at the time outstanding, nothing herein contained shall permit or be construed to permit the amendment of the terms and conditions in this Ordinance or in the Bonds so as to: (1) Make any change in the maturity of the outstanding Bonds; (2) Reduce the rate of interest borne by any of the outstanding Bonds; (3) Reduce the amount of the principal payable on the outstanding Bonds; (4) Modify the terms of payment of principal of or interest on the outstanding Bonds, or impose any conditions with respect to such payment; (5) Affect the owners of less than all of the outstanding Bonds then outstanding; (6) Change the percentage of the principal amount of outstanding Bonds, necessary for consent to such amendment. (b) If at any time the City shall desire to amend this Ordinance under this Section, the City shall cause notice of the proposed amendment to be published in a financial newspaper or journal published in The City of New York, New York, once during each calendar week for at least two successive calendar weeks. Such notice shall briefly set forth the nature of the proposed amendment and shall state that a copy thereof is on file at the principal office of the Paying Agent for inspection by all owners of the Bonds. Such publication is not required, however, if notice in writing is given to each owner of the outstanding Bonds. Not less than thirty (30) days' notice of the proposed amendment shall also be given by the City to the Underwriter. (c) Whenever at any time not less than thirty (30) days, and within one (1) year, from the date of the publication of said notice or other service of written notice the City shall receive an instrument or instruments executed by the owners of at least 51% in aggregate principal amount of the Bonds then outstanding, which instrument or instruments shall refer to the proposed amendment described in said notice and which specifically consent to and approve such amendment in substantially the form of the copy thereof on file with the Paying Agent, the City Council may adopt the amendatory resolution in substantially the same form. (d) Upon adoption of any amendatory resolution pursuant to the provision of this Section, this Ordinance shall be deemed to be amended in accordance with such amendatory resolution, and the respective rights, duties and Bonds under this Ordinance of the City and all the owners of then outstanding Bonds, shall thereafter be determined, exercised and enforced hereunder, subject in all respect to such amendments. (e) Any consent given by the owner of the outstanding Bonds pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the first publication of the notice provided for in this Section, and shall be conclusive and binding upon all future owners of the same Bonds, during such period. Such consent may be revoked at any time after six months from the date of the first publication of such notice by the owner who gave such consent, or by a successor in title, by filing notice thereof with the Paying Agent and the City, but such revocation shall not be effective if the owners of 51% in aggregate principal amount of the then outstanding Bonds, as in this Section defined have, prior to the attempted revocation, consented to and approved the amendment. (f) For the purpose of this Section, the fact of the owning of Bonds, by any owner of Bonds, and the amount and number of such Bonds, and the date of their owning same shall be determined by the Registration Books of the Paying Agent/Registrar. (g) The foregoing provisions of this Section notwithstanding, the City by action of the City Council (or as item (2) by the City Council or by the Mayor, Mayor Pro Tern, City Manager or Chief Financial Officer as to changes prior to issuance to comply with requirements by the Attorney General of Texas or Underwriter) may amend this Ordinance for any one or more of the following purposes: (1) To add to the covenants and agreements of the City in this Ordinance contained, other covenants and agreements thereafter to be observed, grant additional rights or remedies to the owners of bonds or to surrender, restrict or limit any right or power herein reserved to or conferred upon the City. (2) To make such provisions for the purpose of clarifying matters or questions arising under this Ordinance, as are required by the Attorney General of Texas to obtain the Attorney General's approval of the issuance of the Bonds or required by the Underwriter before their issuance or for the purpose of curing any ambiguity, or curing, correcting or supplementing any defective provision contained in this Ordinance, or at any time before or after issuance as are necessary or desirable and not contrary to or inconsistent with this Ordinance, and in all events which shall not adversely affect the interests of the owners of the Bonds. (3) To modify any of the provisions of this Ordinance in any other respect whatever, provided that: (i) such modification shall be, and be expressed to be, effective only after all Bonds outstanding at the date of the adoption of such modification shall cease to be outstanding, and (ii) such modification shall be specifically referred to in the text of all Bonds issued after the date of the adoption of such modification. 39. Related Matters. To satisfy in a timely manner all of the City's obligations under this Ordinance, the Mayor or Mayor Pro Tem, City Manager, Chief Financial Officer, City Clerk or any Deputy City Clerk, and all other appropriate officers and agents of the City are hereby authorized and directed to take all other actions that are reasonably necessary to provide for the issuance of the Bonds, including without limitation, executing and delivering on behalf of the City all Bonds, consents, receipts, requests, and other documents as may be reasonably necessary to satisfy the City's obligations under this Ordinance and to direct the application of funds of the City consistent with the provisions of this Ordinance. 40. Open Meeting. It is hereby officially found and determined that the meeting at which this Ordinance was adopted was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551 of the Texas Government Code. 41. Interpretations. All terms defined herein and all pronouns used in this Ordinance shall be deemed to apply equally to singular and plural and to all genders. The titles and headings of the sections of this Ordinance have been inserted for convenience of reference only and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof. This Ordinance and all of the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein and to sustain the validity of the Parity Bonds and the validity of the lien on and pledge of the Net Revenues to secure the payment of the Parity Bonds. 42. If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable,the invalidity or unenforceability of such section,paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. [The remainder of this page has intentionally been left blank] PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day January, 2022. - Mayor Robin Mouton- ATTEST: City Clerk SCHEDULE "I" REFUNDED BONDS City of Beaumont, Texas Waterworks and Sewer Revenue and Refunding Bonds, Series 2014A City of Beaumont, Texas Waterworks and Sewer Revenue and Refunding Bonds, Series 2015A Schedule I i I EXIIIBIT "A" FORM OF PRICING CERTIFICATE Schedule I 2 January 11,2022 Consider approving a contract with Vortex Companies for the repair of the 72"Threadneedle Outfall storm line that goes through the ExxonMobil Refinery BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works &Technology Services MEETING DATE: January 11, 2022 REQUESTED ACTION: Council consider a resolution approving a contract with Vortex Companies for the repair of the 72"Threadneedle Outfall storm line that goes through the ExxonMobil Refinery. BACKGROUND Installed in 1927,the Threadneedle Outfall storm line serves the South Park area and goes through the ExxonMobil Refinery, ultimately terminating at the Neches River marsh. This 72- inch diameter line, due to age and poor soil conditions,requires rehabilitation to restore structural integrity and flow capacity. The rehabilitation consists of a 122 linear foot point repair and subsequent structural lining of approximately 3,200 linear feet of line. Based on a review of the proposal, and due to the strict working environment within ExxonMobil, the Public Works Engineering staff recommends awarding the contract to Vortex Companies, of Houston, in the amount of$3,652,012.63. Vortex has successfully performed storm line rehabilitation within ExxonMobil's facility, and the proposal was obtained through the HGACBuy Cooperative. A total of 150 calendar days are allocated for the completion of this project. FUNDING SOURCE Capital Program. RECOMMENDATION Approval of the resolution. dipif4:''jlibt'l 111111 - -74:111141 11111 MIIIITIMI 11 >IC ii inin 0Sy t 8 nriS To: City Of Beaumont Contact: Remington Whitt Address: 801 Main Street Phone: 409.880.3720 Room 315 Email: remington.whitt@beaumonttexas. gov Project Name: TX-Beaumont Exxon-72in QLS RV5 Reduced To 3200' Bid Number: 204964-5 Project Location: Exxon-MLK Parkway,Beaumont,TX Bid Date: 12/21/2021 Bid Proposal is figured utilizing HGAC#TP07-18 Item# Item Description Estimated Quantity Unit Unit Price Total Price 1-Base Bid A42 72"Clean And TV Storm Sewer 3,200.00 LF $10.00 $32,000.00 B35 INFILTRATION CONTROL-CHEMICAL GROUT(*will Bill 0.00 GAL $100.00 $0.00 As Needed) B37 REBUILD INVERT(*will Bill If Needed) 0.00 CF $75.00 $0.00 B7 72"STORM PIPE-QLS REHABILITATION 3,182.00 LF $765.00 $2,434,230.00 311 Operate 6"Pumping System Per Pump(*will Bill As 30.00 DY $700.00 $21,000.00 Needed) J2 Set Up 6"Pump And Piping Including Up To 1000 Feet 4.00 EACH $4,500.00 $18,000.00 Of Bypass Discharge Line P13 Travel And Mobilization-TML Region 14(San Jacinto- 1.00 EACH $3,250.00 $3,250.00 Houston Area) H86 60"-72"Point Repair(various Depths) 122.00 LF $7,000.00 $854,000.00 G34 Sewer Structure Rehabilitation(Non-circular Or 6,528.00 SF $30.00 $195,840.00 Manholes Greater Than 4-ft Diameter)-1-inch Subtotal for above 1-Base Bid Items: $3,558,320.00 Payment And Performance Bond 1.50%: $53,374.80 Total Price for above 1-Base Bid Items: $3,611,694.80 2-Alternate CO la GPR(Ground Penetrating Radar)Study 1,201.00 EACH $30.00 $36,030.00 CO lb Chemical Grouting-Price Is Per LB,Quantity To Be 1.00 LB $12.00 $12.00 Determined CO lc Mobilization 1.00 LS $3,680.00 $3,680.00 Subtotal for above 2-Alternate Items: $39,722.00 Payment And Performance Bond 1.50%: $595.83 Total Price for above 2-Alternate Items: $40,317.83 Notes: • Owner/Contractor will provide a portable hydrant meter for our use. • Owner/Contractor will be responsible for providing an onsite disposal area for any debris removed from the storm pipes. It will then be the Owner/Contractor's responsibility to properly haul off and dispose this material. • If necessary,Owner/Contractor will provide Permit&Fees • Water used to clean pipe segment to be decanted in the pipe segment or adjacent pipe/outfall area • Mechanical Cleaning/Tuberculation removal not induded in bid proposal • Our Bid Proposal is valid for 60 days from the bid date. • This is a unit priced contract and the actual billing will be based on installed quantities.If the installed quantities vary greater than 10%of the bid quantities,Vortex reserves the right to adjust our unit price accordingly. • Our proposal indudes Pipe Cleaning that is based on our site visit which showed less than 2"of debris.If actual site conditions change and result in greater than 2"of debris,additional cleaning will be billed at$700 per hour Page 1 of 2 • Scope of work performed by VLS: •Provide pre-work submittal •Manufacturer Calculation for Structural Pipe Conditions •Mobilize equipment and personnel necessary to complete rehabilitation •Compressive Material testing •Surface Preparation of pipe to receive geopolymer lining •Spray application of 1"of GeoKrete liner • •Proposal does NOT indude following: •Cold weather provisions-required when operating in temperatures 40 degrees F or below(no estimated field execution date provided) •Prevailing Wage or Union Rates •Furnishing bid,performance,or payment bonds(provided upon request) •Traffic control(QLS requires a 20'x 50'(or 10'x 100')working area at primary manhole and a 10'x 10'working area at the secondary manhole during all lining operations.) QLS will require lanes to be shutdown. Equipment will remain on site 24 hours a day for the duration of the project. •Pressure grouting •Well point to lower water table •Site dearing or excavation •Invert Repair •Permits,Fees • QLS advises a minimum 30 day cure time of liner prior to any overhead or lateral construction(i.e.excessive vibrations,pile driving,etc.) • •General Notes&Conditions: •Non-weather related delays(may include,but NOT limited to:Owner requested changes; Road dosures due to community,dty or private events; Utility conflicts or relocations not within our scope,any work stoppages outside the control of QLS)will result in additional fees of$10,000/day. •Customer/Contractor to provide access for equipment within 50ft of pipe.Site access to be determined by physical inspection •Customer/Contractor to provide potable water supply(i.e.hydrant&meter in place) •Pridng based on one(1)shift(10-12 hours/day;6 days/week)and does not include working holidays and/or Sundays. •Quantities and pipe segments relative to depth,condition and degree of ovality are subject to field verification. •Heavy infiltration means infiltration that meets the definition of a"runner"or"gusher",as defined by NASSCO's Pipeline Assessment Certification Program.Runner-water running into the sewer through a faulty joint or pipe wall.A continuous flow will be visible. Gusher-water entering the pipe"under pressure"through a defect or faulty joint. • •Additional Items potentially needed for the Dig Work: (*will bill as needed) Add item A:Compaction Lab-(Owner will provide) Add item B: Existing Utility Line Crossing(s)@ cost+10% Add item C:additional 72 inch > 104 LF @$7,000 per LF Add item D: contaminated soil/water handling/potential off site hauling @ cost+10% • Total price includes a full time,onsite safety representative from QLS. • Pricing for the 72 inch point repair is inclusive of all necessary well point and dewatering efforts. • Pricing includes temporary cutting and plugging of the adjacent steel fire line to maintain fire protection services during the point repair. ACCEPTED: CONFIRMED: - The above prices,specifications and conditions are satisfactory and Vortex Lining Systems are hereby accepted. Buyer: Signature: Authorized Signature: Date of Acceptance: Estimator: Brent Lummus Page 2 of 2 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of a contract for the repair of the 72" Threadneedle Outfall storm line located within the ExxonMobil Refinery to Vortex Companies, of Houston, Texas, in the amount of $3,652,012.63 through the Houston- Galveston Area Council (HGAC) Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2022. - Mayor Robin Mouton - 3 January 11,2022 Consider authorizing the City Manager to execute an Interlocal Agreement with Jefferson County for the proposed Roadway and Drainage Rehabilitation of Spindletop Avenue BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: January 11, 2022 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an Interlocal Agreement with Jefferson County for the proposed Roadway and Drainage Rehabilitation of Spindletop Avenue. BACKGROUND The City and Jefferson County are working together to rehabilitate the roadway and drainage on Spindletop Avenue. The City of Beaumont/Jefferson County boundary line follows the center line of the road which has resulted in difficulties in conducting necessary maintenance work. Upon the conclusion of this project,the City agrees to provide documents for the relocation of the City Limit line from the center line of Spindletop Avenue to the south right-of-way line of Spindletop Avenue. The estimated project cost is $530,000.00. Jefferson County agrees to reimburse the City for 50% of the costs,not to exceed$265,000.00. The roadway and drainage rehabilitation will be performed on Spindletop Avenue from the limits of MLK Jr. Parkway to the LNVA Canal riPub- of-way. This rehabilitation work will be included as a part of the City's Spindletop Avenue Roadway and Drainage Rehabilitation Project to be bid upon acceptance of this Interlocal Agreement. FUNDING SOURCE Capital Program—Street Rehabilitation Program. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Interlocal Agreement between the City of Beaumont and Jefferson County, Texas for the construction of the proposed Spindletop Avenue Roadway and Drainage Rehabilitation Project in the amount not to exceed $265,000.00. The Interlocal Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of October, 2021. - Mayor Robin Mouton - STATE OF TEXAS § § INTERLOCAL AGREEMENT COUNTY OF JEFFERSON § WHEREAS, Jefferson County, Texas, by and through its Commissioners' Court as authorized by Chapter 791 of the Government Code and the City of Beaumont for the mutual benefit of the citizens they serve, desire to enter into a contract regarding the reconstruction, widening, and road drainage ditch improvements for Spindletop Road (the Road) to the limits as shown in Attachment #1, pursuant to Chapter 791 Texas Government Code; and, WHEREAS, the City of Beaumont/Jefferson County boundary line follows the center line of the road which has resulted in difficulties in conducting necessary maintenance work for the City of Beaumont and Jefferson County Precinct #4; and WHEREAS, industrial development and damage to the road, due to increased frequencies and intensities of rain and storm events and increased industrial traffic has affected the functioning of the road regarding width and road condition; and WHEREAS, Jefferson County does not have an adequate supply of labor or equipment suited for the described necessary work and all work would need to be performed by contract services; and WHEREAS, through the performance of the project in conjunction with the regular City of Beaumont Street Rehabilitation Project, the project will be performed more cost effectively and efficiently for the benefit of all parties; and NOW, THEREFORE, KNOW ALL MEN BY THE PRESENTS: City of Beaumont and Jefferson County hereby agree as follows: 1. The City of Beaumont shall perform all labor and associated services included but not limited to; surveying, design, geotechnical review, as necessary, drainage plan development, plans and specification development, utility relocation, bidding, property owner notifications, construction management and any/all other work associated with the reconstruction, widening and road ditch improvement of Spindletop Road Project to the limits shown on Attachment #1. 2. The City of Beaumont agrees to perform boundary survey work as necessary to develop the new metes and bounds description and/or other appropriate documents for the relocation of the City Limit line from the center line of the Spindletop Road to the south Right of Way (ROW) line of Spindletop Road. EXHIBIT „A" Page 1 of 2 3. City of Beaumont agrees to provide documents for the relocation of the ROW line to Jefferson County for review and approval. 4. City of Beaumont agrees to allow Jefferson County representatives to observe construction on an informal bases as construction progresses. 5. City of Beaumont will provide Jefferson County with Issued for Bid/Construction Plans, bid items quantities and progress payments made to the Contractor related to Spindletop Road. 6. Jefferson County agrees to pay the City of Beaumont up to, but not over, one half of the estimated construction costs of $530,000 as estimated by the City of Beaumont (see Attachment #2). The maximum amount to be paid by Jefferson County will be $265,000. Payment to be made in one lump sum to the City of Beaumont after the City of Beaumont acceptance of the work and recommendation of payment to the Contractor for work related to Spindletop Road. 7. Any changes in costs or scope of work to Spindletop Road portion of the project must be mutually agreed upon in writing by both parties. 8. This agreement shall be effective on the date of its execution and may be terminated at the will of either party. 9. This agreement shall be construed according to the laws of the State of Texas. 10. Nothing in this agreement shall be construed to create the existence of an agency relationship between the parties. 11. Any employee of a party performing services pursuant to this agreement shall not be deemed to be an agent or employee of the party receiving services under this agreement. 12. The parties further agree, pursuant to Sec. 791.015, Texas Government Code, that any dispute regarding the terms of this agreement will be submitted to an agreed upon mediator for resolution. Executed on the day of , 2021. Jeff R. Branick Robin Mouton County Judge, Jefferson County Mayor, City of Beaumont Attest: County Clerk Attest: Page 2 of 2 UNLUUN U JO = \ \� N ATTACHMENT #1 \VERMON ��' `\\ ♦. '\ (p91/2) ) IDA 0 JZ VE�1v10 �� W I\i E 1 /i/ /1) lij / c74,, / __. -,--- 00 F • END PROJECT /'\� C' ., c•-,\/ s \,p STATION 25+93 \ \ �[2133 96 69 :_` \) 4<j-4) %<380> C�,p \Q` ` ,,,, �. Iry Lucas Gusher Site sk\''' ' . Of Spindletop Oil Discovery BEGIN PROJECT STATION 0+00 �,�� r 1 4r411 r ift 77• 1 ii � r . . ▪r'"f w, -4 . 'µ .'r •1 v I I y 1 • r i !` fd,r r. • y 'a- _,,I,..,,,..-,..,1 +..- It ' Y• till �Y ' I." rip',"�� .. '+/�.. t .+.V-'"t -f • •'*•.s4 _ Z! +'' I ,: ! " I, ▪7r I,J a.,1,,.• e v• -'sue'A t t4 s ..,; 1, ;,,-..'a Y t:P+-. , f; 1 y t i,.:•`1 ', k .35.. e ,, I r f F i I.•' S _ • ILc '/ , Y;• `Ir�'4 G ,;:f 1 1 i (:. ,.,,R. i', 44 f{ ,1• I ! li �r J y ... , r. y - 4� ,— i,. b-3 ih T r �,y'.,J 7 p y��l ?r ill • .t:F • +t �} m pI,,;, -'2` ¢r 'r pi.. • .. • ti �� r' .,, r. _ r f1�i 1SNj`a ..tllt:.�. `` `hty. ,,. ,r `• i t ,''1"`r Jam a 'r3f 4 "� '__ hy' 1 I f 111 j„'dt ."tw 1, 1.1 1 .F is , .,7- s 'l ,,•T ,,-.r t�•!„I. < . ;,!I • - -. I I d c, de'.! r ;t d .7 ., + 1 J 41 .. I K 47 "I ;•'-' i ! ^.•DIY• z--z� ,,- r o ' r+, 1S _ s` •`1 k1 . " C ♦.. De, �I.., }I •1,4� 'e: �' .. ▪+., i '• .- i' _ ,. 'd'1 . rIt •I 1 -•G' ;� .Il +,� gy # 1 � • Y { • IL :_ -t. fir_ ;a yQro}'alpul 1._ a',,g` io}a,IPulds _ + — - k, -r r ,::::_.:,.....'•:„.1.--; . . y _ I tC d L. ti�4 t�r •,,,„.,...4.„...... i,.. ' • • i 1.`1 • r,, ''1 !,"' - �!'''�fj + ''', , f4 y'IW4'—T�' ..+^`- ,1--i,� •'"'" ?.. �3 t'i' ,e — I �' • r. 1 4;L %f;..----- .1 ,,...,,, .14' •','" '7— Jr.,-,-.1,-v.,1 je 4,41LL.. " Nti. (Z/Z 5d) 1,#•alN=3WHOVIIV ' " ATTACHMENT#2 ' For: SPINDLETOP ESITMATED CONSTRUCTION COST Limits:MLK TO SULPHUR *With Ditching Item Item Estimated Description • -Unit Unit Price Total No. Code Quantity 100 6001 PREP ROW(NOT TO EXCEED$300 PER STATION) 26.00 STA $ 1,000.00 $ 26,000.00 275 6006 CEMENT TRT(EXIST MTL)(10")(6%CEM-LIME SLURRY)(PLAN QTY) 6,350.00 SY $ 13.00 $ 82,550.00 341 6003 D-GR HMA TY-F PG76-22(LEVEL-UP)(1.25")(LIMITS OF PAY PROP.ROAD WIDTH) 480.00 TON $ 115.00 $ 55,200.00 344 6001 SUPERPAVE(SP-D)(PG 76-22)(2")(LIMITS OF PAY PROP.ROAD WIDTH) 6,900.00 SY $ 14.00 $ 96,600.00 351 6001 REPAIR OF FLEXIBLE PAVEMENT(8"ASB) 1,150.00 SY $ 100.00 $ 115,000.00 500 6001 MOBILIZATION(NOT TO EXCEED 5%) 1.00 LS $ 25,000.00 $ 25,000.00 502 6001 BARRICADES,SIGNS&TRAFFIC HANDLING 3.00 MO $ 10,000.00 $ 30,000.00 530 6011 INTERSECTIONS,DRIVEWAYS,AND TURNOUTS(ACP) 227.00 SY $ 25.00 $ 5,675.00 666 6001 Striping 2,600.00 LF $ 2.50 $ 6,500.00 760 6011 Cleaning and Reshping Ditches 5,000.00 LF $ 8.00 $ 40,000.00 CONSTRUCTION ESTIMATE $ 482,525.00 +10%CONTINGENCY $ 48,252.50 BID TOTAL+10%CONTINGENCY $ 530,777.50 BEAUMONT 6/16/2020 DAT TEXAS 4 January 11,2022 Consider approving a contract with Marsh Waterproofing Inc. of Vidor for roof repairs at the Texas Energy Museum Building BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: January 11, 2022 REQUESTED ACTION: Council consider a resolution approving a contract with Marsh Waterproofmg Inc. of Vidor for roof repairs at the Texas Energy Museum Building. BACKGROUND The current roof of the City-owned building that houses the Texas Energy Museum located at 600 Main Street is failing, causing leaks and needs replacement. Formal bids were requested from nine vendors for a contract to replace the roof and five responses were received. Marsh Waterproofing Inc. provided the low qualified bid with a price of $287,550, and unit pricing for unseen additional damages that may be found during the performance of the contract. Unit pricing defmitions and scope of work are provided on the attached bid tabulation. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, bids were received for a contract to furnish all labor, materials, equipment and supplies necessary to perform roof repairs at the Texas Energy Museum located at 600 Main Street; and, WHEREAS, Marsh Waterproofing, Inc., of Vidor, Texas, submitted a bid in the amount of$287,550.00, in addition to unit pricing for unseen additional damages that may be found during the performance of the contract, as shown on Exhibit"A,"attached hereto; and, WHEREAS, City Council is of the opinion that the bid submitted by Marsh Waterproofing, Inc., of Vidor, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Marsh Waterproofing, Inc., of Vidor, Texas, to furnish all labor, materials, equipment and supplies necessary to perform roof repairs at the Texas Energy Museum located at 600 Main Street in the amount of $287,550.00, in addition to unit pricing for unseen additional damages that may be found during the performance of the contract, as shown on Exhibit "A," attached hereto, be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Marsh Waterproofing, Inc., of Vidor, Texas for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2022. - Mayor Robin Mouton - CRY OF BEAUMONT-PURCHASING DIVISION BEAUMONT Terry Welch-Purchasing Manager • 409-880-3107 TEXAS t8rrywekhebeaumonitsxas oav BID TABULATION:Contact to Re-Roof the Texas Energy Museum Located 600 Main Street,Beaumont,Tx BID No. TF1122-05 OPENING DATE: Thursday,December 23,2021 Vendor Marsh Waterproofing Inc. PRC Roofing Co.,Inc. Origin Roofing&Metal Inc. City/State Vidor,Texas Houston,Texas Houston,Texas Description Bid Price Bid Price Bid Price Base Bid for Scope as Specified (Per Dwgs&Spedfitations $287,550.00 $343,000.00 $370,000.00 Unit Price#1 $500.00 $250.00 $550.00 Unit Price#2 $930.00 $600.00 $750.00 Unit Price#3 $75.00 $175.00 $350.00 Unit Price#4 $125.00 $85.00 $200.00 Unit Price#5 $75.00 $135.00 $375.00 Completion time for Base Bid: 90 Calendar Days 60 Calendar Days 60 Calendar Days Vendor Construction Managers of Peak Roofing,Inc. Southeast Texas,LLC City/State Beaumont,Texas Houton,Texas Description Bid Price Bid Price Base Bid for Scope as Specified (Per Dwgs&Specifications $375,566.00 $573,240.00 Unit Price#1 $600.00 NO BID Unit Price#2 $1,116.00 NO BID Unit Price#3 $90.00 NO BID Unit Prke#4 $150.00 $325.00 Unit Price#5 $90.00 $100.00 Completion time for Base Bid: 90 Calendar Days 60 Calendar Days The low and qualified bidder as HI lighted Is Marsh Waterproofing,Inc.of Vidor. UeR'deaf 1-CDR-1:Deck Deterioration where the metal form deck of form board Is Intact in areas equal to or less than 48 inches x 48 inches,or 16 square feet maximum. Bolt Price#2 CD11-2.Deck Deterioration In areas greater than the area cited In Cemntitious Deck Repair No.I and over damaged metal form deck or form board.Unit of Measurement:Per 30 square feet. Mgt Price#3-CDe-3:Holes through deck Measuring less than 12-Inches In diameter or sides shall be repaired by attaching one layer of 10-guage galvanized metal with Insulation screws spaced at 6-Inches on centers,maximum.Unit of Measurement:Per each ocdurence. Unit Prim#4-r0R-1:Plywood Deck Repair-4'x 8'Sheet Replacement.Unit of Measurement:Per each 4'x 8'sheet. Unit Prka#3-loR-2:Plywood Deck Repair-Holes through deck measuring less than 12 Inches in diameter or sides shall be repaired by attaching one layer of 1 8-guage galvanized metal with wood screws spaced at 6 incites on centers,maximum.Unit of measurement Per occurfenae. '--EX RIB IT"A" 5 January 11,2022 Consider authorizing acceptance of maintenance, and final payment to King Solution Services, LLC, for the Florida Avenue Sewer Line Emergency Repair BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works &Technology Services MEETING DATE: January 11, 2022 REQUESTED ACTION: Council consider a resolution authorizing acceptance of maintenance, and fmal payment to King Solution Services, LLC, for the Florida Avenue Sewer Line Emergency Repair. BACKGROUND On November 2, 2021, by Resolution No. 21-289, City Council awarded a contract to King Solution Services, LLC, of Houston, for the Florida Avenue Sewer Line Emergency Repair. The initial cost to investigate the situation was $9,800. King Solution Services, LLC, has completed the emergency repairs necessary to correct the problems with the line. The fmal contract amount is $175,160.00. The project has been inspected by the Water Utilities Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract. Acceptance of maintenance, and final payment in the amount of$175,160.00 is recommended. FUNDING SOURCE Water Fund—Contract Services. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 21-289 WHEREAS, the City of Beaumont solicited bids for furnishing all labor, materials, equipment, and supplies for the Florida Avenue Sewer Line Emergency Repair Project; and, WHEREAS, King Solution Services, LLC, of Houston, Texas, submitted 'a bid in the amount of$9,800.00; and, WHEREAS,, the City Council is of the opinion that the bid submitted by King Solution Services, LLC, of Houston, Texas, is the lowest responsible bidder providing services at the best value to the City and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the award of a contract to King Solution Services, LLC, of Houston, Texas, in the amount of$9,800.00, for the Florida Avenue Sewer Line Emergency Repair Project; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with King Solution Services, LLC, of Houston, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. t PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of November, 2021. (.4—M-f4;U i "O/11/e Q.."§„a,aialet - Mayor Robin Mouton- ,ti'L tam �ne `,, :)EA]f17lIJ;7L%n5.+`: • • Kmodfri f?Ni Oise King Solution Services, LLC Date: December 8,2021 Invoice#: 420903 Customer: City of Beaumont To: WATER UTILITIES/ADM PURCHASE ORDER 1420903 WATER UTILITIES/ADM EMERGENCY WW LINE REPAIR FLORIDA AVE 1350 LANGHAM ROAD BEAUMONT,TX 77707 PH:(409)880-3720 Qf .Descri•tion • .Unit •Unit Price • Line Total Florida Avenue Emergency Exploratory Excavation of 1 cavity forming in the road on the waste water main EA $ 9,800.00 ;$ 9,800.0 line. Total 9 :%6,_ Balance DueF 9,800:00_ Thank you for your business! 13221 Chrisman Rd,Houston,TX 77039, 832-812-4820, KIngsolutionservices@yahoo.com o ok‘Ps 2 1.3/21 kAsk),„isi ►a) lb Dc) K1IJIONS l .•, i', , ; ®ice King Solution Services, LLC Date: December 8,2021 Invoice#: 421425 Customer: City of Beaumont To:WATER UTILITIES/ADM PURCHASE ORDER P 421425 WATER UTILITIES/ADM EMERGENCY WW LINE REPAIR FLORIDA AVE 1350 LANGHAM.ROAD BEAUMONT,TX 77707 1 PH:(409)880-3720 I Q Descri•iion Unit Unit!Price :Line Total 1 Bypass pumping for 27'point repair,complete in place,the sum of$88,500 500 '0 J Total tom''. 88,50 T in Balance Due I 88,500.00 Thank you for your business! (�O 13221 Chrisman Rd,Houston,TX 77039, 832-812-4820, Kingsolutionservices@yahoo.com J f Li 1 �5 1� e„,....:_. I&AIfz.1 fr___ 4 Jul )a) )191c)0 , AiSkUTIONS � I .: °ice 111.1 King Solution Services,LLC Date: December 8,2021 Invoice#: Customer: City of Beaumont To: WATER UTILITIES/ADM PURCHASE ORDER NO: WATER UTILITIES/ADM EMERGENCY WW LINE REPAIR FLORIDA AVE 1350 LANGHAM ROAD BEAUMONT,TX 77707 PH:(409)880-3720 Q •Descri.tion Unit Unit Price 'Line Total Point Repair on existing 28"I.D.sanitary sewer with 27" 1 LD.SDR 26 sanitary sewer,up to 16'deep,complete in LS $ 18,500 00 $; 18,500.0 0 place the sum of: • 1 Bypass pumping for point repair complete in place the sumof } EA $ 20000 $' 20;000.00 Total g;_._ -38,500.O9j Balance Due ,$ 38,500.0O: Thank you for your business! 13221 Chrisman Rd,Houston,TX 77039, 832-812-4820, Kingsolutionservices@yahoo.com /1/1-\ Z.113 A.( uAhkshy... . \ ►a) lulaoa 1 ., , , S• UTIQNS King Solution Services, LLC Date December 8,2021 Invoice#: Customer: City of Beaumont To: WATER UTILITIES/ADM PURCHASE ORDER NO: WATER UTILITIES/ADM EMERGENCY WW LINE REPAIR FLORIDA AVE 1350 LANGHAM ROAD BEAUMONT,TX 77707 PH:(409)880-3720 Qt Descri•tion 'Unit Unit Price Line Total Open Cut of existing 28"I.D.sanitary sewer with 27'I.D. 73 SDR 26 sanitary sewer,up to I6'deep,complete in LF $ 320.00 •'$:- 23,360. place the sum of: Install 4 diameter fiberglass manhole up-to 16 deep 1 1 EA I $ 15,000 00 $ 15,000. complete In place the sum of Total$T' 38;3610.001 • Balance Due$` 388360.00j Thank you for your business! 13221 Chrisman Rd,Houston,TX 77039, 832-812-4820, KIngsolutionservices@yahoo.com /14- /L/i3/z f UAAIJYZ L RESOLUTION NO. WHEREAS, on November 2, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-289 awarding a contract in the amount of $9,800.00 to King Solution Services, LLC, of Houston, Texas, for the Florida Avenue Sewer Line Emergency Repair Project; and, WHEREAS, King Solution Services, LLC, of Houston, Texas, has completed the emergency repairs necessary to correct the problems with the line resulting in a final contract amount of$175,160.00; and, WHEREAS, the project has been inspected by the Water Utilities Engineering Division and found to be complete in accordance with the provisions and terms set forth in the contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the Florida Avenue Sewer Line Emergency Repair Project be and the same is hereby accepted; and, BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of $175,160.00 to King Solution Services, LLC, of Houston, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2022. - Mayor Robin Mouton - 6 January 11,2022 Consider authorizing the purchase of an enclosure and base skid for the replacement generator at the Loeb water well site BEAUMONT - TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak,Director of Public Works & Technology Services MEETING DATE: January 11, 2022 REQUESTED ACTION: Council consider a resolution authorizing the purchase of an enclosure and base skid for the replacement generator at the Loeb water well site. BACKGROUND On July 13, 2021, by Resolution No. 21-1686, City Council approved the purchase of a replacement 1250 kW diesel generator set for use by the Water Utilities Department at the Loeb water well site from Mustang Cat, of Houston, a sole source vendor, in the amount of $464,990.00. In 2017,the back-up power generator located at the City's Loeb water well site in Lumberton was destroyed by flooding from Tropical Storm Harvey and replacement to ensure a continuous power supply during operations was necessary. The City ordered a replacement generator in July, with the intention of installing it in the existing generator building. As the engineering design proceeded for coinciding electrical upgrades on site, staff reviewed options for elevating various electrical components, including the generator, to prevent damage in the event of future flooding. As such, installation of the generator on a raised platform would not be possible within the existing building, due to the height. An enclosure is required for the new generator to provide protection during inclement weather, give added security, and to prolong the life of the generator. The additional work will cost$131,000. FUNDING SOURCE Federal Emergency Management Agency (FEMA) in the amount of$117,900; Harvey Recovery Fund in the amount of$13,100. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 21-168 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a replacement 1250 kW diesel generator set for use by the Water Utilities Department at the Loeb water well site from Mustang Cat, of Houston, Texas, a sole source vendor, in the amount of$464,990.00. 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 13th day of July, 2021. $ 0 I _ - Mayor Robin Mouton - (tø:L ))n'• 414 41 ,` MUSTANG . CAT P.O. Box 1373 • 12800 Northwest Freeway Quote#30802471 Houston, Texas 77251-1373 REV 5 Phone (713)460-7211 November 24, 2021 Fax (713)460-3852 Page 1 of 4 Reference: City of Beaumont—Loeb Gen Replacement Subject: 1250kW Diesel Generator Set Generator Set: Customer Net Price (1) Unit 1250kW $319,900.00 Russelectric 600A ATS $145,090.00 2400V,UL 1008,2 cubical,breakers,PTs, NEMA 3R,Service Entrance Rated Local Start Up & Commissioning Included Optional Enclosure & Base Skid $131,000.00 Weather Protective Enclosure, Enclosure Electrical Panel W/Lights and Receptacles, Horizontal Radiator Discharge,110 MPH Rating,Base Skid&Freight to Site Generator Set 1250kW Diesel: The emergency power generation system shall consist of a Caterpillar Model 3512 Diesel Set Rated 1250 kW Standby,2400 Volt, 1800 RPM,3 phase, 60 Hertz,4 Wire,0.8 pf. With the Following Accessories Included: • EPA CERTIFIED TIER 2 GENERATOR SET • AIR CLEANER • 2 YEAR WARRANTY • ELECTRIC STARTING MOTOR 24V • SPRING VIBRATION ISOLATORS • 24 VOLT BATTERY SET-DRY • PM GENERATOR • BATTERY CHARGER 20AMP • CRITICAL GRADE EXHAUST SILENCER • CHARGING ALTERNATOR-45AMP • ENGINE MOUNTED RADIATOR • GENERATOR SPACE HEATER • LOCAL ANNCIATOR • JACKET WATER HEATER WITH PUMP • REMOTE ANNUNCIATOR Generator Delivery:Approximately 28 to 30 weeks after submittal approval. Delivery times do not start until after the submittal is approved. MUSTANG , CAT P.O. Box 1373 . 12800 Northwest Freeway Quote#30802471 Houston, Texas 77251-1373 REV 5 Phone (713)460-7211 November 24, 2021 Fax (713)460-3852 Page 2 of 4 Reference: City of Beaumont—Loeb Gen Replacement Subject: 1250kW Diesel Generator Set Clarifications/Exceptions for Generator: • Pricing is based on Customer provided email with description. • This is an open generator set. • The ATS is not identical to existing ATS. This is the closest model they have to existing. • Service Entrance Rating on ATS includes overcurrent protection(device#50/51)to both the normal and emergency source breakers,set of(3)grounding balls on the load bus connection, and addition of service entrance labeling. • Mustang Required Payment Terms is NET 30. • Customer will pay upon delivery. • Submittals available 2-3 weeks after receipt of order. • No maintenance tools included. • The package quoted is manufacturer's standard.Welding, painting,and all internal parts are manufacturer's standard. • Mustang Cat requires a minimum of three(3)weeks notice to schedule all start- up/commissioning/testing. • The engine will be visually and mechanically inspected for proper functioning. Terms: • In the event Mustang consents in writing to cancellation,Customer shall pay Mustang,at Mustang"option,the following as liquidated damages: a. Invoice price of all goods which have been identified to the contract,whether such goods have been delivered to Customer or not. b. Actual costs incurred by Mustang for goods not completed which are allocable to the balance of the contract,including the cost of discharging Mustang's liabilities,which are so applicable and costs of materials on hand which were acquired or produced in connection with partial finished work and materials. c. A reasonable allowance for profit in connection with goods called for under the contract,but with respect to which production has not yet ( begun at the time of cancellation. Reasonable costs incurred by Mustang,including accountants'and attorney's fees,if any,in making any termination settlement hereunder. • All invoices will be dated the date of shipment, unless purchaser requests shipment to be delayed,in which case the invoice date shall be the date manufacture of the products.This proposal is valid for 30 days. Mustang Cat Terms and Conditions Apply. MUSTANG CAT P.O. Box 1373 . 12800 Northwest Freeway Quote#30802471 Houston,Texas 77251-1373 REV 5 Phone (713)460-7211 November 24, 2021 Fax (713)460-3852 Page 3 of 4 Reference: City of Beaumont—Loeb Gen Replacement Subject: 1250kW Diesel Generator Set Notes: • Offloading is to be provided by others. • References to right hand and left hand items refer to their location on the engine as viewed facing the flywheel end. • Each Engine Shipment Includes one(1) Parts Catalog and one(1)Operator's Instruction Manual. • Mustang Power Systems does not have copies of other states/cities/counties regulations and, therefore,we may not meet these regulations. • Mustang Cat accepts no penalty charges for any liquidated damages due to late deliveries. • Mustang Cat takes exception to,ALL items that are not in above quote. Equipment supplied will be limited to that described in this proposal. The field service technicians will: • Ensure that the user has received the proper literature. • Review safe start,stop and operation procedures with the user. • Review maintenance,service,and adjustments with the user. • Generator and ATS are to be installed by others. Installation shall be completed prior to start- up/testing by others,additional charges will incur if installation is not completed before start- up/testing. • Start-up/Commissioning/Training shall be performed during regular business hours(Mon.—Fri. 8:00 AM to 5:00 PM). Mustang Cat takes exception to ALL items that are not in above quote. Equipment supplied will be limited to that described in this proposal. Nick Traber Mustang Power Systems EPG Engine Sales Office: 713-452-7217 Cell: 361-649-2187 Email: ntraber@mustangcat.com MUSTANG• CST P.O. Box 1373 . 12800 Northwest Freeway Quote#30802471 Houston, Texas 77251-1373 REV 5 Phone (713)460-7211 November 24, 2021 Fax(713)460-3852 Page 4 of 4 Reference: City of Beaumont—Loeb Gen Replacement Subject: 1250kW Diesel Generator Set TERMS AND CONDITIONS OF SALE 1. All prices are exclusive of sales tax and unless terms to Mustang are agreed tom advance.2. This proposal shall terminate unless Mustang receives written acceptance hereof within the period set forth on the reverse side hereof. Stich written acceptance must refer to the proposalnumber and date of this proposal.3. Customer further agrees end acknowledges that no verbal contracts,agreements,or warranties other then what Is Written-within this proposal have been received or given.5.Every effort will be made to'meet the Customer's required delivery dates but Mustang will not be liable for damages or be deemed to be In default by reason of any failure to deliver or delay In delivery due to any preference,priority,allocation,or allotment order Issued by the Government,Whether Federal,State o local,or causes beyond Its control Including,but not limited to,Acts of God or a public enemy,acts of Government,fires,floods,epidemics,quarantine restrictions,strikes,lockouts,freight embargoes,unusually severe weather,unavailability of materials or shipping space,delays of carriers or suppliers or delays of any subcontractors.7. Customer,prior to or after delivery,specifically agrees to enter and execute a financing statement,or statements,and an Agreement between the parties in relation to the security Interest of Mustang.Customer also agrees to execute end deliver to Mustang any,notes or other evidences of Indebtedness that may be required by Mustang.However,any note taken herewith shall be evidence of Customer's obligation pay the unpaid time balance only end Is not to be considered or construed to be payment for the product(s). LATE OR-DEFERRED PAYMENT SHALL BEAR INTEREST AT THE HIGHEST CONTRACT RATE PERMITTED BY LAW:9. In consideration of the sale of the product(s).byMustang.Customer agrees to pay Mustang for such product(s)at Mustang's principal office In Houston,Harris County,Texas.10. In the event any action either to collect payment or enforce the terms and provisions of this proposal becomes necessary.Customer agrees to pay reasonable attorney's fees to Mustang should this matter be placed in the hands of en attorney for collection. 11. Customer agrees that this proposal,upon acceptance by Customer,shall not be countermanded by him and that when it Is accepted(and until the execution and ,delivery of the.eontract and note or notes required to consummate the sale of this above specified)It will,together with any security agreement,promissory note or other evidence of indebtedness executed by Customer subsequently hereto,constitute the entire agreement between the parties relative to this transaction. Customer further agrees that Mustang Is not bound by any representations or agreements made b y any agent or employee of Mustang relative to this transaction unless specifically embodied herein. 12.The only warranties,if any,applicable to any item of machinery,equipment or other personal property subject hereto are Identified on the reverse side hereof.a.Mustang will not make nay warranties,express or Implied;regarding any item of machinery,equipment o other personal property subject hereto,and Mustang DISCLAIMS ALL WARRANTIES: EXPRESS OR IMPLIED.INCLUDING,BUT NOT LIMITED TO,ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE with respect to each such item. Customer's sole and exclusive remedy,If any,for defects In materials orworkmanshlp with respect to any new Item of machinery,equipment or other personal property subject hereto shall be against the manufacturer or manufacturers thereof pursuant to the express,written warranty,if any,extended by such manufacturer or manufacturers with respect to such products and described on the reverse side hereof.If any such express,written warranty Is applicable,a copy thereof will be furnished upon request. b. Neither Mustang nor other manufacturers are responsible for any warranty other than that warranty as set out in the warrant(is),described above. Customer further acknowledges and agrees that this proposal contains all agreements between Customer and Mustang,and Customer hereby accepts them. Customer further agrees.and acknowledges that no verbal contracts,agreements orwarranGes other than what is written In this proposal have been given or received,and so acknowledges by his signature hereon. c. CATERPILLAR WARRANTIES(Wend only to parts or attachments sold by CATERPILLAR.Mustang and-CATERPILLAR DISCLAIM ANY WARRANTY,express or Implied,Including any warranty of MERCHANTABILITY or FITNESS FORA PARTICULAR PURPOSE,for parts or attachments manufactured by persons other than CATERPILLAR.d. DISCLAIMER OF WARRANTY FOR NON-CATERPILLAR PRODUCTS: Provisions In the following two paragraphs apply only to products sold by Mustang which were manufactured by persons other than-CATERPILLAR.e.'DISCLAIMER OF IMPLIED WARRANTIES:The parties agree.that any IMPLIED WARRANTIES OF MERCHANTABILITY or OF FITNESS FOR A PARTICULAR PURPOSE and all warranties,express or Implied,except for any express warranties given by the Manufacturer of the product,ere EXCLUDED from this transaction by Mustang end shall not apply to the products sold f.Customer further agrees that his SOLE AND EXCLUSIVE remedy against the manufacturer of the product shall be as contained In any manufacturer's warranty forms he has received.'g.This WARRANTY IS EXPRESSLY IN LIEU OF ANY ,OTHER WARRANTIES,EXPRESS,IMPLIED OR STATUTORY,INCLUDING ANY WARRANTY OF MERCHANTABILITY OR.FITNESS FOR A PARTICULAR PURPOSE. REMEDIES SET FORTH IN THIS WARRANTY ARE EXPRESSLY DECLARED TO BE SOLE AND EXCLUSIVE REMEDIES UNDER THE WARRANTY,AND MUSTANG SHALL NOT BE LIABLE FOR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING'FROM THE USE OR PERFORMANCE OF ITS EQUIPMENT.14. ThIs proposal shalt be interpreted;and construed In accordance with the laws of the State of Texas.Invalidity of any portion of this proposal shalt not affect the validity or enforceability-of the remainder of the terms and conditions hereof,end the parties hereby agree that this proposal shall be construed as If such Invalid provision had not been inserted.15. In the event Mustang consents in writing to cancellation,Customer.shall pay Mustang,at Mustang"option,the following es liquidated damages: e.Invoice price of ell goods which have been Identified to the contract,.whether such goods have been delivered to Customer or not.b. Actual costs Incurred by Mustang for goods not completed which are allocable to the balance of the contract,Including the cost of discharging Mustang's liabilities,which are so applicable and costs of materials on hand which were acquired or produced In connection mli i partial finished work and materials.c.A reasonable allowance for profit to connection with goods called for under the contract,but with respect to which production has not yet begun at the time of cancellation. Reasonable costs Incurred by Mustang,Including accountants'andattemey's fees,if any,In making any termination settlement hereunder. RESOLUTION NO. WHEREAS, on July, 13, 2021, the City Council of the City of Beaumont, Texas passed Resolution No. 21-168 authorizing the purchase of a replacement 1250 kW diesel generator set for use by the Water Utilities Department at the Loeb water well site from Mustang Cat, of Houston, Texas, a sole source vendor, in the amount of $464,990.00; and, WHEREAS, installation of the generator on a raised platform is not possible within the existing building, due to height; and, WHEREAS, the purchase of an enclosure and base skid for the replacement generator set is necessary to provide protection during inclement weather, give added security, and to prolong the life of the generator; and, WHEREAS, the City Council finds it is in the best interest of the citizens of Beaumont to purchase an enclosure and base skid for the replacement generator set for the Loeb water well site; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council hereby approves the purchase of an enclosure and base skid for the replacement 1250 kW diesel generator set located at the Loeb water well site from Mustang Cat, of Houston, Texas, a sole source vendor, in the amount of $131,000.00. 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 11th day of January, 2022. - Mayor Robin Mouton - 7 January 11,2022 Consider approving the purchase of a full motion flight simulator for use in pilot training at the Beaumont Municipal Airport BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: January 11, 2022 REQUESTED ACTION: Council consider a resolution approving the purchase of a full motion flight simulator for use in pilot training at the Beaumont Municipal Airport. BACKGROUND One flight simulator will be purchased from Redbird Flight Simulations Inc., of Austin, in the amount of$113,425.00. This unit will be used at the airport for flight training by flight schools and current pilots. The simulator will be used to supplement the annual cost of airport operations, with an hourly rental rate of$70 per hour for the equipment. It is estimated that this equipment will pay for itself within 2.3 years at the hourly rate with an estimated use of 14 hours per week. The hourly rate of$70 per hour is fairly standard across the nation for this type of equipment. Pricing was obtained through Redbird Flight Simulations, as they are a Sole Source vendor. Manufacturer's warranty is twelve (12) months. Quote is attached. FUNDING SOURCE Airport 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 one (1)full motion flight simulator for use in pilot training at the Beaumont Municipal Airport from Redbird Flight Simulations, Inc., of Austin, Texas, a sole source provider, in the amount of$113,425.00; and, THAT the City Manager be and he is hereby authorized to execute a contract between the City of Beaumont, Texas and Redbird Flight Simulation, Inc., of Austin, Texas, a sole source provider, for the purchase of one (1) full motion flight simulator for use in pilot training at the Beaumont Municipal Airport in the amount of$113,425.00. The contract is substantially in the form attached hereto as Exhibit"A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of January, 2022. - Mayor Robin Mouton - 04AdirT REDBIRD FLIGHT SIMULATIONS, INC7 Contract Summary Contract Number: C2108-13-0018-02 Contract Issuance Date: 10 December 2021 PRICE SUMMARY MCX Base Price $ 89,800.00 Optional Equipment $ 23,475.00 Total Purchase Price $ 113,275.00 Shipping, Installation* $ 6,300.00 (*Portions of this line item will be invoiced separately by Redbird Services,Inc.at the time of delivery.) Redbird-Beaumont Discount $ -6,150.00 Total Sales Price** $ 113,425.00 (**Prices are subject to change if contract is not executed before 60 days from the contract issuance date seen above.) 1 (one) Redbird Expansion Pack is included with the purchase of a new Redbird simulator. LIMITED WARRANTY SUMMARY Motion platform One (1)year(No hour limit) All simulator hardware One (1)year(No hour limit) components including shell and interior Simulator, Instructor One (1)year(No hour limit) and Administrator software Limited Warranty outlined in Exhibit D excludes freight charges, loaner equipment, overtime labor, and normal wear and tear and disposable items such as light bulbs, etc. Buyer's Initials Page 1 of 17 -�XNIBIT"A" Redbird Flight Simulations, Inc. Simulator Purchase Agreement REDBIRD FLIGHT SIMULATIONS,INC" Contract Number: C2108-13-0018-02 1. "Seller": 2. "Buyer" 3. Delivery Address Redbird Flight Simulations,Inc. Beaumont Municipal Airport 455 Keith Road 2301 East Saint Elmo Rd,Suite 100 455 Keith Road Beaumont,TX 77651 Austin, 7X 78744 Beaumont,TX 77651 P:409-679-0222 Phone:(512)301-0718 P:409-679-0222 FAX:(512)301-0770 4. Seller and Buyer hereby enter into this Simulator Purchase Agreement("Agreement")for the sale and purchase of one(1), Redbird Simulator referred to hereafter either individually or collectively as the"Simulator". A copy of the Simulator Specification dated August 2008 the("Specification")applicable to the Simulator is attached hereto as Exhibit"A". 5. Buyer hereby agrees to pay for the Simulator as follows: Simulator selling price $ 89,800.00 Charges for optional equipment selections from buyer for incorporation into the simulator identified In Exhibit C attached hereto $ 23,475.00 Airplane Model Expansion Pack:Redbird PA28-181-S Yoke,type:Redbird Premium Yoke with Control Loading-Center Yoke Throttle quadrant,type Single Engine Lever Instrument panel controls overlay,type:Redbird PA28-181-S Airplane model software,type:Redbird PA28-181-S $ NO CHARGE Subtotal $ 113,275.00 Packaging,Materials and Installation Technicians $ 2,500.00 Shipping and Installation Management* (*Shipping and Installation Management will be invoiced separately by Redbird Services,Inc.at the time of delivery.) 3,800.00 Redbird-Beaumont 2021 Discount $ -6,150.00 Total simulator sales price as equipped $ 113,425.00 Less**: Initial deposit due upon execution of this agreement by buyer-Refundable until 45 days before confirmed delivery date. $ (11,343.00) Less*": Additional nonrefundable deposit due 30 days before confirmed delivery date $ (22,685.00) Balance Due at Delivery*"` $ 79,397.00 "All credit card payments will be charged a 3%processing fee. 6. The following Exhibits/Addenda are attached and incorporated herein by reference: Attachment I-General Terms and Conditions Exhibit A—Redbird MCX Simulator Specifications Exhibit B—Expansion Pack Specifications Exhibit C—Optional Equipment Selections Exhibit D—Limited Warranty Information Simulator estimated delivery date:28 February 2022" ("`Estimated delivery date is subject to change if contract is not executed before 14 days from the contract issuance) ENTIRE AGREEMENT: BUYER AND SELLER AGREE THAT THE SALE AND PURCHASE OF THE SIMULATOR IS GOVERNED SOLELY BY THE TERMS AND CONDITIONS SET FORTH (1)ABOVE, (2)ON ATTACHMENT I,(3)IN THE ADDENDA AND EXHIBITS ATTACHED,AND (4)IN ANY AMENDMENTS.THIS AGREEMENT EMBODIES THE ENTIRE AGREEMENT OF THE PARTIES WITH RESPECT TO THE SUBJECT MATTER INVOLVED. ALL PREVIOUS COMMUNICATIONS,REPRESENTATIONS OR AGREEMENTS, WHETHER WRITTEN OR ORAL, BETWEEN THE PARTIES, ARE SUPERSEDED BY THIS AGREEMENT THE BUYER HAS READ AND UNDERSTANDS THE COMPLETE AGREEMENT.BUYER HAS BEEN GIVEN A COPY OF THIS AGREEMENT. Accepted by Seller:Redbird Flight Simulations,Inc. Accepted by Buyer.Beaumont Municipal Airport Signed: Signed: Printed: Printed: Date: Date: Buyer's Initials Page 2 of 17 Redbird Flight Simulations, Inc. Simulator Purchase Agreement Contract Number: C2108-13-0018-02 REDBIRD FUG1IT SIMULATIONS,INC. ATTACHMENT I -GENERAL TERMS AND CONDITIONS 1. Seller will give Buyer written notification of the will not accept Simulator delivery on or before the the "Confirmed Delivery Date",the actual date the Simulator seventh(7th)day following the Confirmed Delivery Date, will be ready for delivery. The Simulator's Estimated or(iii) breaches any term or condition contained in this Delivery Date stated on the first page of this Agreement Agreement, Seller shall have the right to terminate this is a preliminary estimate only. Agreement and retain all deposits previously paid by Buyer as liquidated damages and not as a penalty. If 2. The Simulator will be delivered to Buyer free of all sections(i)and(ii)above occurs due to Buyers request encumbrances,together with a copy of AFS-800's Letter for a delay of deliver, and if Seller does not Terminate of Approval and the QAG. Risk of loss of the Simulator the Agreement,then any portion of the total sales price shall remain with Seller until Buyer accepts delivery of not paid on or before the seventh(7th)day following the the Simulator and Title to the Simulator shall remain with Confirmed Delivery Date shall be subject to late charges Seller until Buyer pays Seller in full for the Simulator. computed from the seventh (7"') day following the Confirmed Delivery Date until paid in full at the rate of 3. Buyer will make all payments in United States Dollars at 1.5%compounded monthly, or the highest rate allowed Seller's address listed on the first page of this Agreement by law whichever is lower, and Buyer shall be by cashier's check,wire transfer or other certified funds responsible for any storage charges that Seller incurs to Redbird Flight Simulations,Inc. after the seventh (7"') day following the Confirmed Delivery Date until the date that the Simulator is shipped. 4. Buyer will accept Simulator delivery on or before the seventh(7°i)day following the Confirmed Delivery Date. 7. If Seller fails to deliver written notification of the Buyer shall allow employees, subcontractors or agents Confirmed Delivery Date within thirty(30)days after the of Seller access to the premises and facilities where the Estimated Delivery Date, Buyer shall have the right to Simulator is to be installed at all reasonable times for terminate this Agreement effective upon the date of installation, inspection and repair. Buyer shall provide receipt by Seller of Buyer's written notice of termination access to their employees, subcontractors or agents ("Termination Date"). On or before the thirtieth(30th)day necessary for completion of the installation and training. following the Termination Date, Seller shall return all Buyer shall provide, at their sole expense, all cabling, deposit(s)previously paid by Buyer,less the value of any network access, electrical and space required for entitlement training previously taken(if any)as provided installation of Simulator. for herein. The foregoing return of deposit(s) shall be Buyer's exclusive remedy for Seller's failure to perform 5. Buyer will pay all sales and/or use taxes,excise taxes, hereunder. tariffs, and any other charges assessed by any governmental or regulatory authority on the value of the 8. Until the Confirmed Delivery Date,Seller shall have the transaction or any part thereof covered by this right, without the prior consent of Buyer, to make agreement or otherwise required by law to be paid upon changes in the Simulator,including,without limitation,to the sale of the Simulator and other item(s)or accessories substitute equivalent equipment, accessories or covered by this agreement. If Buyer intends to pay use material;provided that such change shall not adversely tax or is exempt from sales or use tax on the items affect the price or performance of the Simulator or purchased under this agreement and does not want materially affect its design. Seller to withhold Texas Sales Tax, Buyer shall deliver to Seller an appropriate affidavit(i.e.sales tax exemption 9. Buyer acknowledges that any software listed on Exhibit certificate)from its state of origin evidencing exemption A or incorporated as a component of the simulator from Texas Sales Tax. The Simulator or other items ("Software") is furnished by Seller under a personal, provided by Seller may be subject to U.S.export controls nonexclusive, nontransferable, non-assignable, and the trade laws of other countries. Buyer agrees to revocable license solely for Buyer's own internal use in comply with all export control regulations and to obtain the Simulator configuration specified in the applicable any required licenses or classification to export, re- specifications on which the Software is first installed and export or import the Simulator. Buyer agrees not to may not be copied, in whole or in part. All non-Third- export or re-export to entitles on the current U.S.export Party Software is proprietary to Seller and title,patents, exclusion lists or to any embargoed or terrorist countries copyrights,trade secrets and other proprietary rights in as specified in the U.S.export laws. Buyer will not use or related to the Software will remain the exclusive the Simulator or related items for prohibited end uses. property of Seller. Third-Party Software designated in Exhibit A as subject to a Third-Party license agreement 6. If Buyer (i) for any reason, does not accept Simulator is subject to the terms and conditions of the license delivery on or before the seventh(7"')day following the agreement accompanying the Software. Buyer will not Confirmed Delivery Date, (ii) informs Seller that Buyer copy, use, disclose or transfer the Software except as Buyer's Initials Page 3 of 17 Redbird Flight Simulations, Inc. Simulator Purchase Agreement REDBIRD FLIGHT SIMULATIONS,INC Contract Number: C2108-13-0018-02 provided in the applicable license agreement. Buyer agrees to comply with the terms and conditions that are 13. SELLER WARRANTS THAT SIMULATOR,INCLUDING provided with any Third-Party software and,in the event ALL EQUIPMENT AND SOFTWARE, IS FREE FROM of a conflict, such Third-Party terms and conditions will ANY DEFECTS OF DESIGN, MATERIAL AND take precedence over this Article 9 as to such Third- WORKMANSHIP AND CONFORM TO ITS Party Software. Seller will pass through to Customer any SPECIFICATIONS. LIABILITY UNDER THIS warranties available from its Third-Party Software WARRANTY IS LIMITED TO, AT SELLER'S OPTION, suppliers,to the extent that Buyer is permitted to do so REPAIRING, REPLACING OR GIVING CREDIT FOR under its contracts with those suppliers. Seller may THE PURCHASE PRICE OF PORTION OR PART terminate all Software licenses granted under this WHICH PROVES TO BE DEFECTIVE, PROVIDED Agreement and require return of the Software if Buyer THAT BUYER HAS GIVEN REASONABLY PROMPT shall at any time fail to comply with the license terms and NOTICE OF THE DEFECT AND AN OPPORTUNITY OF conditions of this section. INSPECTION FOR THE DEFECTIVE PRODUCT. SELLER SHALL NOT BE LIABLE FOR(I)DAMAGE TO 10. Buyer acknowledges that the configuration of the ANY OTHER PROPERTY CAUSED BY THE cockpit, computer, motion platform and controls PRODUCT WHETHER DUE TO NORMAL OPERATION (collectively the "Equipment") and the Software in the OR TO A DEFECT IN THE PRODUCT, (II) DAMAGES Simulator and the manner In which the Equipment and BASED UPON INCONVENIENCE, LOSS OF USE OF Software operate to effect the motion simulation in the THE PRODUCT,LOSS OF TIME,LOSS OF PROFITS, Simulator are the proprietary information of Seller. Buyer LOSS OF BUSINESS OPPORTUNITY, LOSS OF agrees that it will not(i)use such proprietary information GOODWILL, INTERFERENCE WITH BUSINESS of Seller in any manner except as necessary to use the RELATIONSHIPS, OR OTHER COMMERCIAL LOSS, Simulator, (ii) reverse engineer the Software or the (III)ANY OTHER DAMAGES THAT MAY BE DEEMED Equipment, or (iii) duplicate or copy the Software, the INDIRECT, PUNITIVE, INCIDENTAL, COINCIDENTAL Equipment or the Simulator. Nothing contained in this OR SPECIAL OR (IV) ANY CLAIM AGAINST THE Agreement shall be construed as creating any agency, BUYER BY ANY OTHER PARTY. THERE ARE NO partnership or other form of joint enterprise between the WARRANTIES WHICH EXTEND BEYOND THE parties. DESCRIPTIONS ON THE FACE HEREOF. 11. Buyer shall use and maintain the simulator in a careful 14. Buyer shall and does agree to defend, indemnify, and manner and in compliance with applicable operating and hold Seller, its officers, directors and employees maintenance instructions and all applicable laws and harmless from and against any and all claims, costs, regulations,and for no purpose other than that for which expenses,damages and liabilities,including reasonable the simulator was designed. attomey's fees, arising out of or pertaining to this Agreement pursuant to Buyers negligence or misuse of 12. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY equipment by Buyer's employees,agents,customers or INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR any other party to the extent permitted by law. CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE,LOSS OF PROFITS 15. All notices shall be in writing,addressed to the receiving AND CLAIMS AGAINST BUYER BY ANY THIRD party at its address shown on the front of this Agreement PERSON, ARISING OUT OF OR RELATED TO (unless a party gives the other party written notification SELLER'S PERFORMANCE UNDER THIS of a change of such address)and shall be sent by either AGREEMENT WHETHER GROUNDED IN TORT, certified mail, or by facsimile with a copy sent by first CONTRACT, CIVIL LAW OR OTHER THEORIES OF class mail or by courier delivery. LIABILITY. EXCEPT FOR BREACH OF ARTICLE 10 OR ARTICLE 20,EITHER PARTIES ENTIRE LIABILITY 16. Neither party shall be responsible for any delay or failure AND THE OTHER PARTY'S EXCLUSIVE REMEDIES, in performance of any part of this Agreement to the FOR ANY DAMAGES CAUSED BY ANY SERVICE extent that such delay or failure is caused by fire,flood, DEFECT OR FAILURE, OR FOR OTHER CLAIMS explosion,war,embargo,government requirement,civil, ARISING IN CONNECTION WITH ANY SERVICE OR or military authority, act of God, act or omission of OBLIGATIONS UNDER THIS AGREEMENT SHALL BE carriers, or other similar causes beyond its control, LIMITED TO PROVEN DIRECT DAMAGES NOT TO however, this provision shall not apply to Buyer's EXCEED IN THE AGGREGATE AN AMOUNT EQUAL payment obligations hereunder. If any such event of TO THE TOTAL NET CHARGES INCURRED BY force majeure occurs and such event continues for BUYER FOR THE AFFECTED SIMULATOR AND ninety(90)days or more,the party delayed or unable to RELATED ITEMS AT THE RELEVANT LOCATION IN perform shall give immediate notice to the other party, WHICH THE DAMAGE OCCURRED. THIS SHALL and the party affected by the other's delay or inability to NOT LIMIT BUYER'S RESPONSIBILITY FOR THE perform may elect at its sole discretion to: (i)terminate PAYMENT OF ALL PROPERLY DUE CHARGES this Agreement upon mutual agreement of the parties; UNDER THIS AGREEMENT. (ii)suspend such order for the duration of the condition Buyer's Initials Page 4 of 17 Redbird Flight Simulations, Inc. odim /^�' Simulator Purchase Agreement REDBIRDfUGHTSIMULATIONS,INC" Contract Number: C2108-13-0018-02 and obtain or sell elsewhere Simulator comparable to the b. If any Dispute is not resolved pursuant to Simulator to have been obtained under this Agreement; Paragraph 19.a of this Agreement,each party or (iii) resume performance of such order once the shall designate one or more executives (the condition ceases with the option of the affected party to "Executives")to act on behalf of such party to extend the period of this Agreement up to the length of negotiate to solve the matter. At the earliest time the condition endured. Unless written notice is practical time,and in any event, no later than given to the delayed party within thirty(30)days after the thirty (30) days after the conclusion of the non-delayed party is notified of the condition,option(iii) process set forth in Paragraph 18.a of this shall be deemed selected. Agreement, the Executives of both parties shall meet in a mutually agreeable location to 17. Amendments to this Agreement may be made only in discuss the Dispute, and any resolution shall writing signed by Buyer and Seller. be set forth in writing and signed by both parties. Such resolution shall be final and 18. This Agreement is not assignable or transferable by binding on the parties. either party without the prior written consent of the other party provided that either party may assign this 20. This Agreement including the Exhibits and Addenda Agreement and its obligations hereunder to any attached hereto are confidential between the Seller and successor to its business by merger or consolidation or Buyer. The terms and conditions set forth herein may acquisition of substantially all of the assets of the not be disclosed in any fashion,either in whole or in part, affected parties business. Notwithstanding the to any third party (excluding govemmental authorities foregoing, Seller may assign or subcontract any of its and the disclosing party's legal counsel, financial obligations or rights hereunder for purposes of institution, accountants and other relevant personnel manufacturing, installation, maintenance, training or with a need to know) unless the party desiring to make other customer support services. such disclosure first obtains the express written approval of the other party. Buyer shall keep in confidence all 19. This Agreement shall be govemed by the laws of the information regarding Simulator including,but not limited State of Texas,and venue shall be proper in Beaumont, to, Equipment and Software furnished by Seller, and Jefferson County Texas. In the event of any dispute, shall not at any time divulge to any person, firm or controversy or claim between the parties arises out of the corporation other than to its own employees or agents interpretation of, or performance under this Agreement, who may require such information in order to perform the parties agree to refrain from initiating any legal or Buyer's obligations under this Agreement, any such other proceedings until all of the procedures set forth in information without prior written approval of Seller. This this Article 19 have been exhausted. Article 20 imposes no obligation upon Seller with respect to confidential information which (i) can be shown by a. The parties shall first attempt to resolve documentation to have been known to the Seller before amicably and informally any dispute, receipt from the Buyer, (ii) is or becomes publicly controversy,or claim arising out of or relating available through no fault of the Buyer(iii) is rightfully to this Agreement,including without limitation received by the Buyer from a Third-Party without a duty the interpretation, performance, breach, of confidentiality or (iv) is disclosed by the Buyer to a termination or invalidity of this Agreement(the Third-Party without a duty of confidentiality on the Third- "Dispute"). A party shall initiate informal Party. negotiations to resolve the Dispute by giving the other party notice ("Request for Dispute Resolution")of such intent. The Request for Dispute Resolution shall (i) describe the Dispute and (ii) propose the procedure for its amicable resolution. Within thirty(30)days of the date of such Request for Dispute Resolution,the parties shall attempt to resolve the Dispute amicably,and no party shall resort to any other means of dispute resolution for at least thirty (30) days after such Request for Dispute Resolution has been delivered. Buyer's Initials Page 5 of 17 Redbird Flight Simulations, Inc. "'�� Simulator Purchase Agreement REDBIRD FLIGHT SIMULATIONS,INCH Contract Number: C2108-13-0018-02 EXHIBIT A—REDBIRD MCX SPECIFICATIONS EXTERIOR button • Volume knob • Aluminum cockpit enclosure-Painted and decaled Visual and Audio Systems • Six(6)27"widescreen displays INTERIOR oriented in an arc around the pilot and copilot, providing the external Controls and Input Devices display • 2 x Redbird premium yoke linked with • Two(2)19"widescreen displays 2-axis control loading providing cockpit instrument panel • 2 x Rudder pedals linked with display. differential brakes • Audio system providing engine and • Magnetos and starter switch environment sound. • Master battery and alternator switch • Two(2)Fuel pump switch • Landing lights switch Cockpit • Taxi lights switch • Pilot seat with seatbelt—adjustable • Navigation lights switch • Copilot seat with seatbelt-adjustable • Beacon switch • Instrument panel accent lighting • Strobe Lights switch under eyebrow • Pitot Heater switch • 110v 20amp power outlet • Avionics master switch • Landing gear switch and indicator HARDWARE AND SOFTWARE SYSTEMS LED's • Elevator trim wheel • Redbird Simulation computer • Wing flaps switch • Redbird Simulation software • Alternate static air switch • Redbird Instructor's console software • Parking brake switch • Redbird Administration software • Fuel selector valve • Redbird Motion platform control • Pause flight button software • End flight button • Microsoft®Windows 10 Operating • Pilot side headphone and System microphone jacks • Lockheed Martin Prepar3D • Copilot side headphone and Simulation Engine microphone jacks • Headset volume controls MOTION PLATFORM • Instructors console connection port— Type RJ45 • Motion platform capable of simulating • Pilot Key port—Type USB roll,pitch and yaw motions • Motion platform emergency stop Buyer's Initials Page 6 of 17 Redbird Flight Simulations, Inc. Simulator Purchase Agreement Contract Number: C2108-13-0018-02 REDBIRD FLIGHT SIMULATIONS,INC EXHIBIT B—EXPANSION PACK SPECIFICATIONS PA28-181 S CONTROLS BAR,ALT,ALR, DH,VS, MAN and Knob for selection Yoke Controller(if needed) • Yoke—Center style yoke controller SOFTWARE Power Quadrant Controller(if needed) • Single engine lever style power Simulated Instruments quadrant • Chronometer • Lever style throttle control knob • Instrument Air Indicator • Lever style mixture control knob • Airspeed indicator • Attitude indicator Instrument Panel Controller • Altimeter • Acrylic overlay sheet with the • Turn coordinator following embedded instrument • HSI controls. • Vertical speed indicator o Chronometer-Select and • Tachometer control buttons • EGT Indicator o Airspeed indicator-TAS • Two(2)Fuel quantity indicator correction knob • Fuel pressure indicator o Altimeter—pressure selection knob • Oil pressure indicator o HSI—Heading bug knob and • Oil temperature indicator OBS knob • Nav2 VOR indicator with glideslope o Nav2 VOR indicator—OBS indicator knob • Annunciator panel o ADF indicator—heading knob • Magnetic compass o Audio panel—Buttons for • Audio panel Com1,Com2, Com3,Com1 • Two(2)GPS units-430/530 Mic,Com2 Mic,Com3 Mic, • Transponder Nav1, Nav2,Corn1/2, MKR • Autopilot and Altitude Selection MUTE, SENS,ADF, DME Control selection • Wing Flaps Indicator o GPS Instruments 430/530— • Elevator Trim Indicator Buttons for Corn frequency • Hobbs Meter swap, Nav frequency swap, CDI,OBS,MSG, FPL,VNAV, Fight Model PROC, Range in and out, Direct • Low wing,single-engine, land aircraft To, Menu, CLR, ENT and knobs for Com/Nav frequency Flight Scenarios selection and general • Library of standard training scenarios navigation and selection o Transponder—buttons for (dent,VFR,On,Off,STBY, ALT, numbers 0-9 for frequency selection, FUNC,CRSR, START/STOP, CLR o ADF—Buttons for ADF, BFO (Inoperable), Frequency swap, FLT/ET,SET/RESET and a knob for frequency selection o Autopilot Controls—buttons for HDG, NAV,APR, REV,ALT, VS and a knob selection,AP on,AP off, FD on/off, DTA, Buyer's Initials Page 7 of 17 Redbird Flight Simulations, Inc. �� Simulator Purchase Agreement Contract Number: C2108-13-0018-02 REDI31RO FLIGHT SIMULATIONS,INC:. The image seen below is representative of the PA28-181-S instrument panel. Until the Confirmed Delivery Date, Seller shall have the right, without the prior consent of Buyer,to make changes in the panel layout and artwork; provided that such change shall not adversely affect the price or performance of the Simulator or materially affect its design. .\.DilIi Sao ' .07.--" 9 1 1 if - ''�' , I -� .:m Ki a„,.. —i..., aa. HL.elaa rp �/ '� "8 -):'- rN!B1F30 Ij ....... „.. CC `�i/,, s \`` Sri• ...;- -5-imeesenemm 0 �`1e510 rx , 0.— �5`1 ' 70 16,,' \, 'fi" "I' s 9ILALn . ,\ F A- �,.20: - s: ..,. .. - o s .o �' JJ µ .Yr. "OiY� I .,,..,:e.,.0:. Buyer's Initials Page 8 of 17 Redbird Flight Simulations, Inc. Simulator Purchase Agreement REDBIRD FLIGHT SIMULATIONS,INC Contract Number: C2108-13-0018-02 EXHIBIT B—EXPANSION PACK SPECIFICATIONS C172-S 430/530 CONTROLS o Autopilot—buttons for Autopilot engage/disengage,ARM, Yoke Controller(if needed) BARO, HDG, NAV,APR, REV, • Yoke—Center style yoke controller ALT, up and down for vertical speed selection,and a knob for Power Quadrant Controller(if needed) altitude selection. • Single engine vernier style power quadrant SOFTWARE • Vernier style throttle control knob with throttle friction lock Simulated Instruments • Vernier style mixture control knob • Chronometer with fine tuning twist motion • Airspeed indicator • Attitude indicator Instrument Panel Controller • Altimeter • Acrylic overlay sheet with the • Turn coordinator following embedded instrument • Directional gyro controls. • Vertical speed indicator o Chronometer-Select and • Tachometer control buttons • Fuel quantity indicator o Airspeed indicator-TAS • EGT/fuel flow indicator correction knob • Oil temperature/Oil pressure o Attitude Indicator—calibration indicator knob • Ammeter/Vacuum gauge o Altimeter—pressure selection • Nav1 VOR indicator knob • Nav2 VOR Indicator o Directional Gyro—Slew correction knob and heading • ADF indicator bug knob • Annunciator panel o Nav1 VOR indicator—OBS • Magnetic compass knob • Audio panel o Nav2 VOR indicator—OBS • Two(2)GPS units—430/530 knob • ADF o ADF indicator—heading knob • DME o Audio panel—Buttons for • Transponder Coml, Com2, Navi, Nav2, • Autopilot MKR,ADF, DME, ICS (inoperable),AUX(inoperable), Fight Model SPR(inoperable)selection • High wing,single-engine, land o GPS Instruments 430/530— aircraft Buttons for Corn frequency swap, Nav frequency swap, Flight Scenarios CDI, OBS, MSG, FPL,VNAV, • Library of standard training scenarios PROC, Range in and out, Direct To, Menu, CLR, ENT and knobs for Com/Nav frequency selection and general navigation and selection o ADF—Buttons for ADF, BFO (Inoperable), Frequency swap, FLT/ET,SET/RESET and a knob for frequency selection o Transponder—buttons for (dent, numbers 1-7 for frequency selection,VFR,and CLR Buyer's Initials Page 9 of 17 Redbird Flight Simulations, Inc. ogiryCpFIV""r-.--"' Simulator Purchase Agreement REDBIRD FLIGHT SIMULATIONS,INC. Contract Number: C2108-13-0018-02 The image seen below is representative of the C172-S instrument panel. Until the Confirmed Delivery Date, Seller shall have the right, without the prior consent of Buyer,to make changes in the panel layout and artwork;provided that such change shall not adversely affect the price or performance of the Simulator or materially affect its design. MANEU'VERIN10 ,G E'CCU .•nV.— .11f;i\ N.1,","1/2 [m' "1 i NoolxE� I d0 0 0 I I e.c �•IdO�s.sm 1..' �' �L �, 2i II I 3:/ DO,7� .., , .j • r________ uc.ELM .\,\'I IIII'•% \1 t u L /-,.I\ , .: EPIIC, >• i•i>1 : � \\\illy . 3 g , `,'F - .— - y -4 ` ,a \101�O % c .Ys _ - ' � m s , - _-. 0:- F' a i - ! ..- .-... ...0 .. Buyer's Initials Page 10 of 17 Redbird Flight Simulations, Inc. Simulator Purchase Agreement REDBIRD FLIGHT SIMULATIONS,INe Contract Number: C2108-13-0018-02 EXHIBIT B—EXPANSION PACK SPECIFICATIONS C182-G GFC700 CONTROLS o Autopilot—buttons for Autopilot engage/disengage, HDG, NAV, Yoke Controller(if needed) APR,VS, FLC, FD,ALT,VNV, • Yoke—Center style yoke controller BC NOSE UP and NOSE DWN Power Quadrant Controller(if needed) SOFTWARE • Single engine vernier style power quadrant Simulated Instruments • Vernier style throttle control knob with • Airspeed indicator throttle friction lock • Attitude indicator • Vernier style mixture control knob • Altimeter with fine tuning twist motion • Magnetic compass • Audio panel Instrument Panel Controller • Redbird 1000 PFD and MFD • Acrylic overlay sheet with the following embedded instrument Fight Model controls. • High wing,single-engine land aircraft o Redbird 1000 PFD-Buttons for Corn frequency swap, Nav Flight Scenarios frequency swap,twelve(12) • Library of standard training scenarios soft keys, Direct To, Menu, FPL, PROC, CLR, ENT, up, down, left and right and knobs for Nav frequency selection, Corn frequency selection, HDG, ALT, FMS, Range,Course and Barometer o Redbird 1000 MFD-Buttons for Corn frequency swap, Nav frequency swap,twelve(12) soft keys, Direct To, Menu, FPL, PROC, CLR, ENT, up, down, left and right and knobs for Nav frequency selection, Corn frequency selection, HDG, ALT, FMS, Range,Course and Barometer o Redbird 1000 Audio Panel- Buttons for Com1 MIC, Com1, Com2 MIC,Com2, Com3 MIC (inoperable), Com3 (inoperable), Com1/2 (inoperable), Com3 (inoperable),TEL(inoperable), PA(inoperable),SPKR (inoperable), MKR MUTE (inoperable), HI SENS (inoperable), Nav1, Nav2,ADF, DME,AUX(inoperable),MAIN SQ(inoperable), PLAY (inoperable), ICS Isolation Pilot (inoperable), ICS Isolation Copilot(inoperable), Display Backup Buyer's Initials Page 11 of 17 Redbird Flight Simulations, Inc. Simulator Purchase Agreement REOBIRO FLIGHT SIMULATIONS,INC Contract Number: C2108-13-0018-02 The image seen below is representative of the C182-G GFC700 instrument panel. Until the Confirmed Delivery Date,Seller shall have the right,without the prior consent of Buyer,to make changes in the panel layout and artwork;provided that such change shall not adversely affect the price or performance of the Simulator or materially affect its design. �7C0 'a • f...:I:6_Eo Ila Ed ---IZl,aa f.l.F. aw �. .. a Y 3 3 \cow GO r;1 --�,..w_. _ H � IL lACT� w I N , v• '{)} � / iw jt'4 caoo�I� —'I :: 'I i a j "' . „ ,!:"".'.-,,I c.?ET •� 7 ` nao2ar, j , .1 ,t� , u�...� l,� I.as A: , ��ii`6j• me I J 'a---'� .a _t n d. ...: .w 1.... ... ccmI: i' ` 'I ra i ,\.�I�IIZ, r:J -2 �.� I .� I 5 /'1 Cti 1 \: 1 10".ut ''•1.1 .,\• ., rVa -!\ 1, .'1 ..SSE - .--r .UII/ - nrc, I...rvaano .al .___-_° _ —_ E8!?..._i_ ia. _ __e. \9iti4. _ 1.,. ...:.' =a I a F:::.O ma..F.::..o val l•ras l{ •v `., —,.t, ...,1) {{,,����yy�!,,� sw wn .+tom. 1 �� ,, v I:l Buyer's Initials Page 12 of 17 Redbird Flight Simulations, Inc. odim Simulator Purchase Agreement REDBIISlMUTl0NS,lNCHT � Contract Number: C2108-13-0018-02 EXHIBIT B—EXPANSION PACK SPECIFICATIONS BE58-S CONTROLS Yoke Controller(if needed) SOFTWARE • Yoke—Center style yoke controller Simulated Instruments Power Quadrant Controller(if needed) • Airspeed indicator • Twin engine lever style power • Attitude indicator quadrant with controls for Throttle, • Altimeter Propeller and Mixture control,and • Turn coordinator Rudder Trim wheel • HSI • Vertical speed indicator Instrument Panel Controller • Two(2)Tachometer • Acrylic overlay sheet with the • Two(2)Manifold Pressure indicator following embedded instrument • Two(2)Fuel Flow indicator controls. • Two(2)EGT/CHT indicator o Airspeed indicator-TAS • Two(2)Oil temperature/Oil pressure correction knob indicator o Altimeter—pressure selection • Ammeter/Vacuum gauge knob o HSI—Heading bug knob and • Nav2 VOR Indicator OBS knob • ADF indicator o Nav2 VOR indicator—OBS • Annunciator panel knob • Magnetic compass o Audio panel—Buttons for • Audio panel Com1,Com2, Nav1, Nav2, • Two(2)GPS units-430/530 MKR,ADF, DME, ICS • Transponder (inoperable),AUX(inoperable), • Autopilot SPR(inoperable)selection • Instrument Air Indicator o GPS Instruments 430/530— • Wing Flaps Indicator Buttons for Com frequency • Elevator Trim Indicator swap, Nav frequency swap, • Hobbs Meter CDI,OBS,MSG, FPL,VNAV, • Propeller Sync Indicator PROC, Range in and out, Direct To, Menu, CLR, ENT and Fight Model knobs for Com/Nav frequency • Low wing,twin-engine, land aircraft selection and general navigation and selection Flight Scenarios o Transponder—buttons for • Library of standard training scenarios (dent, numbers 1-7 for frequency selection,VFR,and CLR o Autopilot—buttons for Autopilot engage/disengage,ARM, BARO, HDG, NAV,APR, REV, ALT, up and down for vertical speed selection,and a knob for altitude selection. Buyer's Initials Page 13 of 17 Redbird Flight Simulations, Inc. Simulator Purchase Agreement REDBIRD FLIGHT SIMULATIONS,INC' Contract Number: C2108-13-0018-02 The image seen below is representative of the BE58-S instrument panel. Until the Confirmed Delivery Date, Seller shall have the right, without the prior consent of Buyer,to make changes in the panel layout and artwork;provided that such change shall not adversely affect the price or performance of the Simulator or materially affect its design. • `,2rm •coy �s 0 1 37 j ,N pa t ' _... �1 * f 7 \\7 \ li _, . , . �•• I J �q C1\ �7 f 3� tnoOStiB �`�.. 'tit•V. =0 u ta` �5 5�, • .. • • ,�ss .....o- —�. ..• '• c L. 10�t.\`� --'-- -- - --- - —'Hier SO 11 .,, 5.10. , ... Buyer's Initials Page 14 of 17 Redbird Flight Simulations, Inc. 1C1---04 "'"'�r Simulator Purchase Agreement REDBIHOFUGHT SIMULATIONS,INC7 Contract Number: C2108-13-0018-02 ti EXHIBIT C—OPTIONAL EQUIPMENT SELECTIONS OPTION PRICE QTY $ ITEM TOTAL Airplane Model Expansion Pack:Redbird C172-S 430/530 $ 5,995.00 1 $ 5,995.00 Yoke,type:Choose a yoke type Throttle quadrant,type:Choose a throttle type Instrument panel controls overlay,type:Redbird Choose a configuration Airplane model software,type:Redbird Choose a configuration Airplane Model Expansion Pack:Redbird C182-G GFC700 $ 5,995.00 1 $ 5,995.00 Yoke,type:Choose a yoke type Throttle quadrant,type:Choose a throttle type Instrument panel controls overlay,type:Redbird Choose a configuration Airplane model software,type:Redbird Choose a configuration Airplane Model Expansion Pack:Redbird BE58-S $ 5,995.00 1 $ 5,995.00 Yoke,type:Redbird Premium Yoke with Control Loading-Center Yoke Throttle quadrant,type:Twin Engine Lever Instrument panel controls overlay,type:Redbird BE58-S Airplane model software,type:Redbird BE58-S Horizon Pro(27)-Monitor Expansion Kit for AATD--Visual expansion kit to increase $ 4,995.00 1 $ 4,995.00 wrap around visuals to 260 degrees RealNAV Professional—Quarterly Updates—Real-world global information about $ 495.00 1 $ 495.00 airports,runways,enroute and terminal waypoints,VHF navaids,airways,instrument approaches(including WAAS),departure procedures(SIDs),arrival procedures (STARs),and airspace frequencies Optional Equipment Total: $ 23,475.00 Buyer's Initials Page 15 of 17 Redbird Flight Simulations, Inc. • Simulator Purchase Agreement REDBIRD FLIGHT SIMULATIONS,IN Contract Number: C2108-13-0018-02 EXHIBIT D—LIMITED WARRANTY INFORMATION REDBIRD FLIGHT SIMULATIONS, INC. (REDBIRD)WARRANTS THAT ITS PRODUCTS ARE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP DURING THE LIMITED WARRANTY PERIOD. IF A PRODUCT PROVES TO BE DEFECTIVE IN MATERIAL OR WORKMANSHIP DURING THE LIMITED WARRANTY PERIOD, REDBIRD WILL,AT ITS SOLE DISCRETION, REPAIR OR REPLACE THE PRODUCT WITH A SIMILAR PRODUCT.THE REPLACEMENT UNIT WILL BE COVERED BY THE BALANCE OF THE TIME REMAINING ON THE CUSTOMER'S ORIGINAL LIMITED WARRANTY. LIMITED WARRANTY DURATION: 1. REDBIRD SIMULATORS, INCLUDING REDBIRD FMX AND REDBIRD SD,ARE WARRANTED FOR DEFECTS IN MATERIALS AND WORKMANSHIP IN ALL HARDWARE COMPONENTS INCLUDING BUT NOT LIMITED TO THE EXTERIOR SHELL,ALL INTERIOR COMPONENTS, COMPUTER HARDWARE, AND MOTION PLATFORM COMPONENTS FOR A PERIOD OF ONE(1)YEAR FROM THE DATE OF DELIVERY FOR PARTS AND LABOR. 2. REDBIRD EXPANSION PACKS ARE WARRANTED FOR DEFECTS IN MATERIALS AND WORKMANSHIP IN ALL HARDWARE COMPONENTS, INCLUDING YOKE CONTROLLER, POWER QUADRANT CONTROLLER,AND INSTRUMENT PANEL CONTROLLER FOR A PERIOD OF ONE(1) YEAR FROM THE DATE OF PURCHASE FOR PARTS AND LABOR. 3. REDBIRD SOFTWARE, INCLUDING REDBIRD SIMULATOR SOFTWARE, REDBIRD INSTRUCTOR SOFTWARE, REDBIRD ADMINISTRATOR SOFTWARE AND ANY THIRD PARTY SOFTWARE INCLUDED WITH THE SIMULATOR COMPUTER AT THE TIME OF DELIVERY FOR A PERIOD OF ONE (1)YEAR FROM THE DATE OF DELIVERY. LIMITED WARRANTY LIMITATIONS: 1. THIS LIMITED WARRANTY DOES NOT COVER ANY PRODUCT ON WHICH THE SERIAL NUMBER HAS BEEN DEFACED, MODIFIED OR REMOVED. 2. THIS LIMITED WARRANTY DOES NOT COVER SOFTWARE OR DATA LOSS OCCURRING DURING REPAIR OR REPLACEMENT 3. THIS LIMITED WARRANTY DOES NOT COVER COSMETIC DAMAGES SUCH AS CARPET, UPHOLSTERY, PAINT OR ANY OTHER DAMAGES THAT DO NOT DIRECTLY IMPACT THE USE OF THE PRODUCT IN ITS INTENDED ROLE AS A FLIGHT TRAINING DEVICE. 4. THIS LIMITED WARRANTY DOES NOT COVER DISPOSABLE OR EXPENDABLE ITEMS SUCH AS LIGHT BULBS, ETC. 5. THIS LIMITED WARRANTY DOES NOT COVER DAMAGE, DETERIORATION OR MALFUNCTION RESULTING FROM: A. ACCIDENT, MISUSE, NEGLECT,ABUSE,ACTS OF NATURE, UNAUTHORIZED PRODUCT MODIFICATION, OR FAILURE TO FOLLOW INSTRUCTIONS SUPPLIED WITH THE PRODUCT. B. REPAIR OR ATTEMPTED REPAIR BY ANYONE NOT AUTHORIZED BY REDBIRD FLIGHT SIMULATIONS, INC. C. CUSTOMER MOVING THE PRODUCT FROM OR TRANSFERRING THE PRODUCT TO A SITE OR AREA OTHER THAN THE INITIAL INSTALLATION SITE OR AREA. D. DISMANTLING OR MODIFICATION BY ANY PERSON(S) NOT EXPRESSLY AUTHORIZED BY REDBIRD FLIGHT SIMULATIONS INC. E. ELECTRIC POWER FLUCTUATIONS OR FAILURE OR OTHER EVENTS NOT DIRECTLY RELATED TO THE PRODUCT. F. NORMAL WEAR AND TEAR. G. ANY OTHER CAUSE WHICH DOES NOT RELATE TO A PRODUCT DEFECT. Buyer's Initials Page 16 of 17 Redbird Flight Simulations, Inc. Simulator Purchase Agreement REDBIRD FLIGHTSIMULATIONS,iNC" Contract Number: C2108-13-0018-02 DISCLAIMER OF OBLIGATION AS TO CONFORMITY OF THE GOODS. The parties agree that the Seller undertakes no obligation with respect to the conformity of the goods to the contract except as otherwise provided in this contract document. In particular,THE PARTIES AGREE TO EXCLUDE ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES, OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LIMITED WARRANTY SERVICE: 1. THE CUSTOMER IS ENTITLED TO THE FOLLOWING SERVICES FOR THE DURATION OF THE LIMITED WARRANTY. SERVICES COVER ONLY THOSE ITEMS WHICH ARE STILL UNDER LIMITED WARRANTY AT THE TIME THE SERVICE IS REQUESTED,AND ONLY TO THE LIMITATIONS OF THAT LIMITED WARRANTY. A. SOFTWARE AND DATABASE UPDATES AS NEEDED AND AUTHORIZED BY REDBIRD FLIGHT SIMULATIONS INC. B. PARTS REPLACEMENT AS NEEDED AND AUTHORIZED BY REDBIRD FLIGHT SIMULATIONS, INC. CUSTOMERS MAY REQUEST ONSITE SUPPORT AT CUSTOMERS SOLE EXPENSE ON A TIME, MATERIALS AND EXPENSE BASIS C. MALFUNCTIONING PARTS REPAIRED OR REPLACED AT NO CHARGE TO THE CUSTOMER D. LIVE, LEVEL 1 PHONE SUPPORT E. LIVE, LEVEL 2 PHONE SUPPORT F. REMOTE DIAGNOSIS AND SUPPORT. G. E-MAIL/WEB SUPPORT 2. TO OBTAIN LIMITED WARRANTY SERVICE, PLEASE CALL REDBIRD'S CUSTOMER SUPPORT DEPARTMENT AND A CUSTOMER SERVICE REPRESENTATIVE WILL ASSIST YOU IN OBTAINING THE SERVICE YOU REQUIRE. 3. REDBIRD INSTALLERS SHALL PROVIDE A MAINTENANCE OVERVIEW AT THE TIME OF INSTALLATION. THIS WILL INCLUDE AN OVERVIEW OF SIMULATOR SYSTEMS AND COMMON MAINTENANCE ITEMS. Buyer's Initials Page 17 of 17 8 January 11,2022 Consider an appeal from the Historic Landmark Commission of a denied Certificate of Appropriateness to construct a fence at 794 3rd Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone,Planning & Community Development Director MEETING DATE: January 11, 2022 REQUESTED ACTION: Council consider an appeal from the Historic Landmark Commission of a denied Certificate of Appropriateness to construct a fence at 794 3rd Street. BACKGROUND Property owner, Terry Highsmith,requested permission to construct a fence for the property located at 794 3rd Street from the Historic Landmark Commission(HLC). The property is on the corner of Hazel and 3rd and the proposed fence would encompass the backyard of the property and run along the side yard of the corner of Hazel and 3rd Streets. It is proposed to be six (6) feet in height and eight(8) inches in width. Additionally, fence would be made of concrete blocks, covered with stucco and painted white with decorative columns. Enclosed are the site plan, elevation drawing and example of the fence Mr. Highsmith proposes to construct. The Landmark Commission is charged with reviewing requests for Certificates of Appropriateness (CA's)for most exterior improvements to"...determine whether the proposed work complies with the preservation criteria and regulations...[and] ...if the proposed work does not comply with the preservation criteria and regulations contained in this or any other applicable ordinance, the historic landmark commission shall deny the certificate". Regarding the design of fences within the historic district, Section 28.03.018 (g)(3)(D) of the ordinance states: "Concrete block fences are not permitted". Staff found that the proposed fence did not meet the requirements of the ordinance and offered a recommendation for denial. The Landmark Commission considered Mr. Highsmith's request for a Certificate of Appropriateness (CA) at their meeting on December 13, 2021. After an extended discussion,the Commission voted 10:0 to deny the request to a construct the fence using the proposed design. The draft minutes of the meeting are enclosed. The applicant is appealing the Landmark Commission's denial of the Certificate of Appropriateness. FUNDING SOURCE Not applicable. RECOMMENDATION Denial. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being northern 70' of Lot 7 and all of Lot 8-9, Block 29, McFaddin Second Addition, Beaumont, Jefferson County, Texas, containing 0.241 acres, more or less. c.„A/t-u.-- I C�_ r. - (j/1 - 441v/ .4A/Itevit- ,i,04 o‘r.e/i, / ,,,,,.._ `� per, /I- •—b" � w°"J'� �,��-i /_,_4,e,t.4:1-1A-02-- 1 1 ,4, e "yr-f- A _ 4 ,_ a cfrp . , , --7, ze . i acis"t' s v'i - / ,-447‘'- f *Avo-cy j 444 A/1;4,4.A S. t ii e.A_ ,y l•1/ a/t 41 . . ' / 6 ftin' a-- o�of FAIllf-, . r-l-„,,," • fit , . d . i i„,"411( 4_,_4 . - . -P . • .016111- Il it.. • i SITE PLAN .. . x = proposed fence location . , .:. - .1.. , .. . . -at -"*.- •-- r 1 _:_ . - • ' Ili " . 1 1 ' t i.- • ibill 1k. 1 1,.hr V i • .. pit-1,,,,,,,,ir il , - - L it., r, ' .e. - -11 I 1 . rt''.A,• 'r- - .. HAZEL AVE .-4, •• ...:.•.„..,*„ ;i0 - -. ... . ;,. ..;."-fli. .."' +4.,.........., •,...!„. tr.iv I—akuilt-10— 4.i - - iifiadip.....- .,_ ____ , . ...Jib ...... ,-,,, • — '.• _ . , it‘ . 01M/11 , ...1-. . 4/4.z. ' .. ..,.- ,.. -- .1 - , .. -- . XXXXXXXXXXXXXXXXXXXXX . . 44 _ • . • . .. ' X • , . logri40/401.4M74,MIP1. I X' , •, . X X X_ ..p. . 1 :'. C., • ,. •-• • X • , " '' ' ..k.' X - 5 X .••• I X . • e >< ' I X 1,, . >< • -7'-_, x T ;;411,... 1 • ' . ,-...... I 7,7—_ _ '14i414'... "vil - It fxi —.....• c. .. .—. .-.. • . :IN. _ 41,4.-- 4•-•., s '.......:...ta, * oir-• ,. .1. .4." `..i.• -.r.--...,,?,h..t.4:,,,,4.7.*::,..:s;,.......i.,,:.....e.,.....,..,,...4„,.... .,V.z..:077.:,..‘.:„..147:.:•:4.1•.'..;:4:..,.....:.• .....: ,. Ne 1 it . ,,,„,,,,,-,..; . . „ ... • ... li.;;kc,le 1 .6......A.'..22.:4;•:ti.$;1:...,, ',...-,,...,...,.';`0,,, ' aj,$,4; ,,,•• gilt oa4.4704iteirk• -' - le- rt_ ir,,..14,,,?, LL'•*.t - •- •• : :AA •, r ) . _ _ . ._ - * _ ... , ..pr1, --*-gyp! . * , ni 4-1- ' ' 14 -44141k.. I "T•4 -', 4, '.., lir i • • ' 14$111,,Al I 6.•) . .0,.' V. ., - - , - r--• ill 4, :,, .. . ... . . 4 • - • i '.41-110L1' • Siie, Plan - . - • , '7 — -- ---- , * * i 1. 1 . •'.: ` o•/ 1 -i- ''.''' ,--i- .--- .,..‘ . , I. 1:2-7- _,,c--- x—ye.--x-x-ri—MEN 1,.1.C.-Ec)' .ct 1 .-• VE. I, , .: tv, • 1'sAli7 I, egr ram_51_004. •Fp,,,u'rrr-4- :>‘,..)1.-NCT-F_.. 1' *.-' r 6".% c.9.- R• :'.... i , / I. 1 _ :•1I '1' .: ,-' '.. c... -.•:'..,.4';f P. •..5i; i •. ... ......), I II I i . ' J• ( 1 Cb \ .,... • - DI • I. . ..-• ' I , , . 7, I I - 1-..(1 . ...eri: .. . r• , , k. i.-S..:i .,r! ,..:P • • id-. , ; .' -...: • --..: '_. ',,_ . q 1 "' 1 •' ,': . t-, •. . . • L.,•if - :•—<•••-,•,-.-----,,____ . ../7----1— . \ , .. -- • ---' -,1-i pc- . _ ., :if , • 'i''' ( : .. ;._ . .1 • -.(pC'r 0 . / '.' t1OV' • ;," 4 . 1..... . . ______ c' . ' . 0 ./;....... "..../.. , I . __..__ _ .;,•,•.- .- -. . ,' . . I. ..• . _ '5'.••• X- --A=7‘c-.'--,:..1—\k , ! el , • • •:-;..,-,;•' '.'. ; -.,,--,---, /( .f,'" i . : ,1....0.71-.•14 - - .. , ! • . _ • 7 Per . • • _ _ • C i c fit `"_ j ' 1. t•, • 1�__ 0 _ /1f�1;0 I k '� t2 I•-fic H $ 10 pE . . • 1 ', t: ' `.{ i i -r rr;:z• r' (Z1\ .'.�'i• \ r . �„ • P 1 T . � •�0 • I ; 1(6 • �cX 1 , t • •\ f) • cb IC. . 1 . • e • • - • • 53J � . r _. .. w_.� ..__ • ___._ _ ...._ -12 ��\, : 1 ., • • • 1 • te, • . • • , 1 c . . . -1. L. ,. . .-\. e` 1 • E. • • f • • • • • hyrqc .6 Hi gy SI WinE — (0 /40y5 /6 x , 19/4-//TEOW)#/ . ,• • . . . .h . . . • 4 • • •••• • • •• • • • • ElPurri•I Site+eh .... , ''.. ..,...„. . . . -.. .,.: . , ... E , ., ... . .. _., .. " •• ...., ,. • - , .7.:-:„........„.. ...- ,..,, xia„1- pie -----______ •. •-:,....1... :,.., 'A':' ., ,.., •;-: -..:-'ot-t- ,-,it4... ziti. .-- • : ... • .-•:•-• r'..- - ,. .. %:.•.:7:5i,.. in,-7:-..:;\4 - .- .,..,•, 4. • ...-4.;:,..i.,-->.., .., -.,•.:;,•:.: _ .,,,„,-,:::,,,•...! „,. ..,. • . •Z‘:‘. • ' • •-.or:••.,•• ...y'e ,,.„,, ... . ... --, ‘.-...3,...• V., ... ',,,.........., . ......., .-. '..... f•'.4'.• ' .. '7,..--... ..."...".....4, ..„,-..„` -J- . ----.. , . i. ....._ . / .' ' . . .. •`4 • . „ . /1' ,1 .•''..:1:/- ' 7„.................................";I: -., _74:,,..i.„Le-....1if.-,"' .,,......:....:i...1;s:•;::::•1:iN411:,..4,•.:1.." •- . . I; I / ' ''. '-'1'' ' ..--''42-.S7"f.'.*'•":‘ *.-1`s''•••:i?...:;.,,--....._ . -I: . -. . . - -- !..•r<", . .. -- .11,••-•- ''..,.1-•...• •".,,,,..-4--... :..-k,'.....±”. . • •, ... . r••IA.,: ' ' -1':- .,*.•1-."1:q• :.-%...' . , - .4.;,::.... '4•.:::.:-F•s:?4,1."' -ri,.,..•;• -•.:•': • - - •., .,-...• . -,..,,, ..--'‘,V,*-,-.e:.• ....•-.•-':: • • A.."„...,..,= 4-..':v..' , . / . . _ . .. ... • . cr...II,.- • 4..."....: . . , / / ., .• , • i..-':,-se ... , . I,. 1 . I li i / i I '' .. . ... .. . .. .' r , --- "--••••.. - , 1 . 1 l f I I I t ' I I' .. ....-.. 1"...... --, . ...... - , I i I l: I, - • ,• . ,I I •• 1 , . . 1 I .",' 114'..i.,..or.."'•'• 4 .,...!...i...... 0 .. .r, ..4 :....1 ..„:„...),<J .,-.1. ,,,/„..0V/2.„-_.1. , ,.,, ".-V; ,*_;.;:,:..E c'..../..4 .41.:•/' I•,*V.`',•'/-•/...'-'1"`v.9‘?.--v.,-;;;;.*,...; '4.• :-...-,;-::.;....;:-.•••v ''- - •"---"' • — ......"'-' " -• 1-.. '4. • ) r...",.. 4--xt.'4,-17,7-2.'4Ur.r.. . , 2.....", .......4. 10.4, -,-t,'.4-11.-4',- -15„ '•gv-Gi-r' :4'.01. .014.?..-........".....v.ktme,..,.‘74,..r.,., .r, -1 e...,.,...; 104.,;.*•,t, ro..."1,,,7, ,.... ,.--et er„, ..i..•V.,,, ',I.rdstA,;k.4i.,-1;-."t,:v.zvp.--,,,...,44;:,.,.7.....v.,„,....,..... •-,..z..1... ....,04 ..:,,,,.:,.,',0:,..-...':,,_ •, ' ,• .,.. ,jzz.-.1-,•:,,, s,.1:1,...,...k.4',-. ..••••••?..' "::":..;14).';''''`2..1;t ive•IR,-,,,,."C".;%••....,...;' I..,:M.7.:•;.1• ''?..:re,e+,,` ,../...:.,•-otr,. z.0-.,-7;•....tk..;=:•.,*••,5.1.5 .{1:.-..9.'Ere t'ckr.s.0" . - 4:'.ikl.$f AV..-4.1,--' iik`,-."'.Vrklt.-',4-4,4-.+•,,,-...S'- ; ,1",.'.... *.-----. ...5:0.', 41••• .•-, "4•-•3- -7::•••• ----."4( ,•*.4 e-4 "1,L1 .--1 .A1%4,.....,..•„--1-...-,).'t-,.-•-..-.; ,...?$ . 7--‘,.1 eftiti,„-irreo, • .40.,-,..p.pr*„., , ,4•L fm.-,,vt.-,445,. .17.0-4,.;,-.4.4.;-vVc..te.,!,,, ,..1,,,P,.. .›-...::•-- t.o- , ••••. ....;;;,-,...7.:;,.,.....,, „.:, ,,.••,:e...te...;-.....t.,:.- ....., . - . ...-----4y .%; ' kV.;...."`-'•al-I•l•-• •• • •,v.0"..' • %',..` ..442;" "-z, . ''',..n.t.:SZ\ .6•••'•.?„..,,...0.,••• • .. •.• '1.•Xt. ,"•,,). . Ria"•1 ITZ:C;;:-::f.C,4•, ,,,,:k.,"*.,tr,,, r-,•:::••••••"..."„,,,:. . •• . ••••'''--• f••,• ••:.•:.v;-.... .••• - :• -•,.. --- - - .."144:1..17..'-7,..:.z...r,'. ' ,..4..."%V yi-t.P.url '...••••:.:4:411::: .,4 •':oe.,07.--4.4 •'...cti.47, -i-sizr."4-145..T.z.47.,•71.11' ,..-- rokk`...,:f.,x, Nv.' '..* ..iv,,,CI.5s..-",...., ,....,,,...... .„'.....,.„'.•- • ,.... . -..,-..... -...-... ...,„.„.„. ..... ... . .......... ....,., i • ,• . -,,,,,.„ ,.,:., • ‘,...:-. ..) -..... .•'. -....,''.a..34„.,..,.....„-..,?....4:.--,..'......,"*Nb•• - '.r.,C. . '"e"..0...:..'•,,q.- 't>4"21., ..". ,...,1S...rz• .,,44.„,‘,1••.....r,:irov,..,..t.... .,_,„ ,, , .... N. sc:..../..ez t'o..-v... ...t: ,..."‘ "..-..--,..;---'..:.,-,'..---,-,---f-;•-•,.. i:-. ',It Ls"•i---7,7."-.7.1.7.:„--------..,.......--,t;-- "-.esl. ..-... ..-;:•,*:-'.4`"-,-,•-.'-,3:5,.- '..,--::-. - .---,"77.---- 7-1:7''-. • - "I'7Z....:--'7:'-%'---...-- -'....;.:::,?..,.- ,:', -z----.:..-;--.- - .. ''''• :1......,,r.14,-.*°V;0:,,..q.:;:-.!.-z. er-,,,3,?;"0"----:,;;:' -_,. ....- ._„.„---,.....,"4..." :46.„,,A•tg-.„,.„.."---'4•••cr, ,--..--PP:.:-''''''-',V, .:,`-::•;',-.??..V;5•Zz*,„„ero.,„.....„,„„tv.-'4-1.5z4b.,44.:;...;.,V.'.1.. .-... ' ',.... ...--s. "-F,c*::-=';;.::::'-,-;":1.,•.z.=,•F.:..-'-'-. -:...2_,..,„_.„..,,,„,....„,...,:,,_,. A .„..,...,_ ,,..„,,.... .:44 ,,.,..,"ii, p,,...V...,,.....Zdir' ;:,;.Z.1."?.:4Zen'1,,,,,,,,,,,,, ....'''',X'..1 1.1,;_..4..':,,,, ..4;0:*.A.,.......W.4,.,70,S....:14e'",..:, Se'411-174.:.43‘4,7,10...".... .. ,!,..411.31,...4,44‘.14:Z.XfAii;',I:',..4?%::::,Z.'::::•::,,-:::::::',.:: :::,;.,,,,,..=ti.,,,s... ,.,:;,...,;,:i.,...?4,. ...:.,,c,..:4"?,%. 1-;0'.. '.......,'S. 1,Pa'. X% :17,4"C'4, .;','.ir.Ce-.*.,;Z..0',.'•:....",:,.'.1%:.,...,',..r:',ZZ,':,:k. ..:V.Wt... ..4\-...4.11/2.7 ., 4 -",,,z" ,„ w,-.ekt..5..',12:...:-.,.c.4,..v.tit,,s‘zok• -. --..r:-...-s:— `:'-- — .-..=-...r.-:•. -:•':-,W,'4.-"--...-.;-", ---- t.,,,W---''''i.A.k.,--.. - . .4. ..4e,.....Ko..4..1,1,:a -.•;.:.:,.„.*:„ N3 4h,--,..,-,,„‘.....,•:‘,"i.,•17:,::::.:Z•...'''-•••-•...7::;;?•••:,tili:::-.*--.1.?"„,•••:r%...,.....'• !.•1,... ..•r...., ,,.. -_,..,,,-• ...4.....1.-... .- .s.6,ik..-.. ,,...„-„, ...-§1z,:,:„-3-•„,:. ,,:....--:- -,,,,,.•ii,...........;._:,,t..,-7.:::.,,,•:_,..;.. ,-,.•,„,..,„•;,:„,..,,,:s....,„•••,,...",..„-F.,,,,-,7,-.•:,. .....-„,--_-7 '•••:::.6' .---',---'..- -..-..--C S.,,,,‘,..2..,::41.4...,Fx.ae'....,,W‘.:.%.V.SW\ • --..-..v. :1.4 ... -•%1-?%1.,,-,-:.'Z''...,..:`;..;-!-,.•,::.';;-'7;,..- 1,-,.,.,_'.•-„ ,;,,y,-;,„.•t-Z--S,,=.1.*Y2;17-7, -. 1r-l'All .''FT:t.:‘,..."<c-S7 4.., ,_+;,.."4 'N,...2,',.•:;-„,... .-:...,-- ., •7 z•-,_ ..---L,. , -:i.,;.„.;-,..-...---•_. tts?,-141.,%.,..t4t.,:.,:g-,Nt•V.IIINI=L",..cz.", 4:•-•'$-',.Afe'vt: - - -.:';'...1::::-.,---_,.--, ,,,,.....„, •:'.,_"'•:;:‘-`......,:>_,„1,..1-1,--.,,,',..-•"'7,-. ".•-•^ : ,Q,...tt.Z.1-1,s,";,..,..'..:.•: .-77. 7 • ....:-.::-:::=-----,-.....:t. Arre,,te,k+ „,&-r-iez..1...,. !6,:i.r..4.::,. ••*....„,•-•:.%,„ .; -AC: ...tz-".,:v.R.- .T.,, ,.*-_,_ -2,...-zSt--'4',:s•-- .,.; 'c"--rq-1...-4.--'::-_-:;%A.*,---•• '54a:,%"••--.::-...;,Th..,•;!:,......7,,N.-Q2.-;..-:sk.1-.---'4••••••'''-'' = '''-\1:.,rm..t-iir'--,..--.' • ,,':•-. .4;:',...-.77i........-..1-•,..=-:-.:-..:_-..---7.•::::..,•"."'";e4,-1::-,W-W-Ara'-'7?::: ••='.:'''S;;;K.•',"%--•'. -...t..._•"•%:;•••••:::,S.,.•'•:!_r•••• •••• s•••••• 4. -L.'''. •::," '• ,.,••••:% •77.t:.--.2.::::-.'s.:7t'Q`•:?..i.^:f'"":^I's •S'it.V •-'''S• sr••..:4•••,w• .:1,1••••t, • :•-: ,„••:•• •••••••••• '•••1` '"T•••• • '''•.'•••.• .":11:::. "7:•4•••:‘^••••4, '''• -"•-•,: ••:::'-.•••,••-,' •.,,,.. . ., S......•'....; ..:,. . •'•.':'::*-::5•:4:•••• ••••••••-.:. ...4:4,• .,..t... 1•Nr...\•:\•ZN• : .2 y ...,:i.••4,\VS..."•T.. '' " *- -•••••`, • -.'' ' • ''...; ,.' •y• ••• . .r ; -•••_:'''''''.----..: • :...'ok. ' - .:.k.S' .'" '',...T. t..,•;'...•::'"'''.i:.7:-.:•74,-7.- lec.- ,,,,:. .. ..„...\:r.:1,.ir.. ..,i*.,‘,-., s;.- -$,..,:r4'117s.j,.: -A. .-,....1 ,s• _.::,-;:i.•4..,...S... "S''''::4..'-'-ii-:.•• -.. :„..„...;.,....,,:.- --: ..-w........,, ... --......-\,:r....-1.... 4.str,,,. .,..••,:z.. ••••••:,•,' ' • , .4...„••44tti,...c..1(k•,•,..,:•,,,,,,,,..-• ,:2,..k..„,•,„ t•y-f.;•:1•4••.;•,•‘.41.:,•14.•AU:::• :A:11: - ' •,'.7.,:t.••, v,•'-tt; '.1i,\::;:;:": 47:.',.:i'••f4i.t•;• % ''':• r... 7 .,'••• ‘4...lk• •'' ' .•$ •:.'.°.7..•.4' ..4•04P.k'T-3?)•i•MV....;•:-. ••;$.4"eiiSeA104e/.• - '"••-•••' "'•'%;-•.;*•:Z."'1.'''' ''':-*'•7-1 -E;''''''' ''''''' '''":•":4kP'-'s•'• • F'•%••••. •Va;1-C'›..:'•••''. C.t`r, ' •'' ,fr 16;•., •':.t'N1•,-14.4•-••%.••rlitqii;i.;•••1Z••••••• ••• ••••••P` -'''•...:•;:::.••:_,-:*•• ••:F;'•••• •••••••:':.75.•• • "•'... ' %,,i' ..7... * •.ti•' ‘ ••••'''.."• ,,;•'At.'• 0 . 44 1.4ifit• W'''..YOAT::'•:':'••:N.;:. .16.f.'_'•12t:• :43:' -•,•,C.‘•4;•:•:..::...j.r.:••":7::::i..S'..•r7,•••17.7•C.y•....I '' .••N,:".'' *'''''N • ',., 4.> r * •;=Ate44-3.\.i..-^,` .-..' itOlukr0:egi.''.•;‘• 7.'ir..,..t";,.:"A.41 --."-...-...:*:::„.-... ..-.-,--..-- -;:.172-...7‹.•::1.. ...;.-"'sl.....4•.;;; "::-."-`, N, 1-, --e-,.,,,-.4:.:2csii-rc..41.,:r.n...-. ..c'4,•+.s1.1.5-;0•:,- a•-.C.Z'i4:-.T,4?-."•:,---;:•: "'rl'-'4?: -t.,. ..,. •-•-:-.'*- ,N--.-..,,,4-•-*-'"?"--vx;a- ...".. r--.:"7-1.S.n.-S•iek."4•"... ;-:.•:''.!;'e.",•*-4-ca.-41.6,,,A......,.t. ,•'•44-:.,;•.„ti•Z.:•,..,'',,,,,,'*...&*(,1140' "•C.44„....„...t.... .-„-,,...,-,_ ...,-, „,,., . .....•....„,:,%.5.`,...Z. 4-.4.:(-.,,,- - ''',7,,,„,'1/4 st7.......,... ..4..1.::,..„.`, ,.....-1.-'-z.-.4..,1*.e,c-,-,--V.,._,.•..Tc-4,-..'. ..-.7 -- ,..--„, , .,.-.---,•, ........ l',Y,VV:41--..:''.,_•-•.:..'-':.--t.',•M'''''''.74••• ••-•'••;•:;1-1."'..34k.‘'''''-'7*W.----"Xl,fit'';'`'...."."' -- '''' ''''''*;.`"- -r7i:L.':•,...• ..'L.:". '"t!'-f-••,A"';"''''Y';'.75::..."?-1"..N":-*1.i%414,..;.;-',N.... "....- 'sl ',„- ,1-•., t.,-.....-CC 4.r.,:i.,,,,,.„...,...t....,, 1.., ..., ....,..,,,2).-,•:......?:". ..,7•.; .". .... -O.411-4, -N.••:.• 44,--:kik,..,,,,,`'kl..104.Z...-.T...'t '••••2'• •.711.4„sr:c.,,,...c?.V.4.V.,11C,(4. -,. '1 .t............. .ek •....1.,... .,, .•:- ,,,-N-.`.:''''.!•,....•'....--k(lW.S,... 4,‘... 1,5%M.Int.t '''.^.. •'r.-!..4'.-r.t.'.,%.:1'..,•..-0,,,,'.!"...1) ...:-.; •..g;;;;VN,q,,i't.•'-''''):7 '''V4 1r•- ,„.1".%•\..- 1 -.Z? -k,'._‘%_,V,,,,•,,,k 7 ta"",,- *1•,,,,.........ft--;;;..;?.4:!.,:::,:.-,,..1.\-. ...--n,v...;"‘ -..;Z:: • - .'s.'•••'74..4 X.1-•'..4.2%' '7.-?*ti-..,..41.:A.'1`5..tr.'-1.7...:.,i',77".,''ik.-..-;..t.,•ft.r...' N.,.* i•'1g7.--1*V.a'4.-.5:f'.:.‘It'..-.TV:42..AK, 17::: ‘, , ":.^.....,;;• ,,k,,Viiirn.st,.1,'• ."-!,'...... • •'Zi-.''.il %•.‘).,*.t '....••• . .4L7Q-s,%11,siki'i.1:.•S ..'`Z' s&•.:. ------------- ...... , _ --1•01,17 ' I _____t„ v::.=-;.?;.,1„,,,', I, ..•ii; ,i , . ----- • • V li..1-''.;•• •r,, , . , 'i . , •,-:•:,, r—:-,--- '' • ' , \\., ' .r. -k -' _: 1,,,,,,' \,,qv--1.-‘ . , \ •. cl-.7.1'. ' /i' • ''• i ' * ' \ , • . „ „t,• ,, \ „,... A ,,z....,.„, ... /,--y. A ' 11. • 1 ,.. L .1 .. . it t A . .... i. . '•,.;:'•'''),,,... .. ), • , ..., ' : - ' •A, ., . ;a.A. ,, \,‘s,:' '\ , , , ,,•'? ,*;-P f 1 *— — I o. .- 441. ',.,`,•?r.t:',1' . ' ' . ' '' ' "., t '• "—`..,,• -: • Il'• I - ., 1 i i, • ' , ',,1 — ,-,.,:t: • ' _.‘ : • •.., . .. •' ;„ . t k • , `.'.1 2 49,,t,t 1:1'',. , ‘. •-,% • 1, 'Or 7—: 'i ' :*! •. ,i..'•',..or,\1•••14 ',. a A-*•:.• '****rt . -- •-•";:- : t ' .....,-- .0" 11 .___._ • \;\,::-•-• •••••* ' '. ' ?•4:•‘` liieci •A_ . ,-, -, .:,.. _ _. II, , te.:(-it:',.. .7 ,, , - v, ,,',,,''.te.'"t,' .•..- . ' , .. . , :....,---.- .4'.'t"'...:w ..,--- f '-;" , ......., '.,,' '1 t ' __—.---- ' ' /I -"7' 7 ..• Nt 0,111k4- - PtV Ali V i I ',,i-mv L' . . • '., Iv •i. .. :' : k. . • , ' , —\ \'''._--4, -, ..L4'`-'''' -, —,, ' , '‘ . •••"- ‘ : 11A--; t1/4,„...----- „ . .t --- \--,.;''''' : ' ', , , AL, ' 4 • i 1, , 1 4,'... t-,,t•-•-,',' ',''',. . . '...fip .....,, . ';'•' ..r. ' . .4" k \ 7.ir••""`" *A* 7 , \--;:',''.•;•• ( . /._ , . •, —var , .___.„ A••••••••••'-;. ',:v•- • '•'•''..; :* •- 1? . ' A, If \ . siatcv:Iii... ,....„,, ,.. . .. , . • 1, i. _ ,....4.4,,, 1.,.. • '.'\\ \: ,.. !.,, .),-, • i,it -v,,,!,,:- r, ..\-, -. I \,„:,...,,,,,,„, .. ,., ,_• \i'l,, ,,;'..' '' ' , ' ' . 't.' • -,.';-,i, ‘4,1 - -. , \\ :. , .2..•\-\,,,v--\.-.,.-.,;,,',',..',",--E,-,\‘.:,,./--.', .... .._, ' .,,,-'A1,'''.... .3:,',:`''-.;'4*,.4•,tC.,..—..1„.-1,.P.',.,.'kT',...,',•..'.'‘',;`...,:.•1'c,t,.'.•'' ‘•1 \, , . T 11 ...,.,,,_,;-,' .. . . i. •• I(' 1'' ';'..ii. * .*1 .-!. ...' 4', " ) \WIT ‘• , v. .t , ,...r. ....,,..1. 4...„, . • ..„,,,..k,...:,.. - I... .A.,. \ ' -•‘.. ,.-k''';... :,.:.• -,•• -* -;{ -1—1111111.1; I, .. , , \'::...:'....„ 4: .;,..‘.,_ ,, _1(;34,.- 1., " .rA:` '1/4-• '•..) •• '-i-t' I' ' 1 '',:r2--' - • '',..''A',t,''. :11'.'!.-cl ,• - I'i, 'V;L: \;-..,-,,...-. :-.,.,, ,st ..•:. ,0 . ,..„..,,,—, .,,;;,...; ., , . , ,-,.....,4*', , ,,, 4: f ' k • , \-.-.•., -,-...,,' - .... :, ,_,-,.14. I.' ,i,—; , ,,t`,,,' ' :), , — •' n '' v.,' .*-,r•,,".0 -, •'.,,-,, .. - " ,.. ,,..- -_: -",„.‘ ' 'it, . ' -7, ','' , • A.'i 1: ,:, -.V, .'.. .1 k 'AI• .. .'",, '' . 1.'), 1 rt• ',,,,, Ntli ' "-'1 : ?1 * ' . t k'•-•) ' ' r.' .'•.' '!"4 \ 1 i II-1;' i5..'• lL v.-. ;•,: :-. .... , f ,,,•IC.:`. .1,.iv •• 1, .1trig•t*I, , *"Ir* • ‘ \ r 1.•41 , •..••• ,' ••v,t+• • '..A .."* .••.... ti\•%."grks' , V, ,. ,4',4:'-.• , ty. .•!,'ir„,-, pl, ..' '',', : „'ii ' . \;4 11;:: , . e Pir..i',„*;.,' ' ' `, ' *.- • ... , , _ • „1,-,:-.., . , , -., ,_ • ... •;. 1 .. . . 1 , 1 ',,'t-',..-,, , t \• *4: .,.. ‘' ;.••0.• •1,‘''''• 1: ..*4'i . I . i'',. -,‘ , •••• . • '. '' t ' • : '4'.':Zi!';e"!.. rc:-.... • , •, \ \, _,, ,., , ., ,. . . , .,,1***•!','',e ".'- . • • ' iiii-z.. -: \ , ',',,r, . "44' -,,, •, ‘, V, , ,, : ;.. ''.-''. '4.-r--i I:''',''.: ••,: ' iiiitigi ' — r , ", -• ' "( .1 1 4. .. .1 IT; : . ,. -*--- S . ‘ _--------- .--- St \ , \ '' ' ' , , I,.. •.,' ••,-"t" •tz - . t • 1 It % %-,' : ' % .' ' .\ . .f• :1 ?eV.'..e.. , 4.1 , . i% % % • . _.___ --------— V . ' ' ,` 'el •i,,,e5' , e '''' 1 __ `.e • r• - : 'I t ... 1 , ' ' ,-, .,. :i ., '), ‘i- ': ::. • •„,., \\ ''. ,.. - , ,,f.'..., •%i k 1` t I A 1 • A ,' , * ' ),,.., - i .I. 0. , t• *r ', t ' ." ' • '' ' \. ' • . ''',,.i 1*, '.t ..‘'*%).. , .1.•)2-1; \ ,- :.0,..-y. ..ft-,.•••• f- . . I , . , -, '',' I A .. t ' - ' `4 :',‘ ,'t — . 1 ,.l 1 {;- ''t i!4. 0ry i c••i r` I, 'N ''`:''. f y:`. � yr„ 4 , y 'jgfy, ''• g', ;1i 1 .e-7 • + I 1 r i r rrr !! 11V ;f. II f .. ,,, ,i.-_ ._ , P .� j1f� 3 -r` i I i •, •;I • a , ,. %7Y.1: .q t - 11. Y , • ��.}'�- .. E( M -j i tea a.rJ4 drift ^{' .j. [ -.. f f t Y� • v i .4 'vim iii. r , �f t $^fry F7 " ' •`\ - L,r�' ` r a. � :• tda :'{j . �1 �' • V .,Q L. I.,... . , = ):`•;V.-••• ; —r �� 7; . s.�a �.f 6 r1 11 . t t r. I ,yT ' .v. ti• , f •Si•: .,,., , ,,,..,A.0.,,. 6.../. ,,,.:. ,i, , ,, . .,,...• ---,,,,,.,...,,, . 0.•• vats ? •t'�lvt. t :A.• C'•'(rt, i-'- Y' 1' +fit' ,vil....-•.iJka.,c‘ 4 t'4. K „ ,ram. ,' , if 7.,•...1,94,.;47.t,),.„F.,-.... 4101 ..!Vt.,*. ,..v• .'''',.1,-:, ';',.,1 ,. - • ...(-4-.. ...trii.—.... ... • •,i . . .•• .... -,1 _,..• •"' INtet4,A1%—liti," •-)?•`'rt. 4;...? '4:t?..feti;.4`Ittiklif%•g• ---* . r./.. . �r� ti H; • IF -4. •:ti5. r^ _c.^:•:r' S-r.•p -.s.sc-;• .:fir. . ;r,,,,{ ". .,.." v— �,,.,•��_•.'•�,�.YS. ."'ft`J.r•,p.. :, �y. r_ ;i, ."r, .c - .''•?^( M.r•-�: '.%. •..... "'R:; �� _ -���., 3:i• :,:3' .. y ;5.7�, _$ is•1 • X!►_:. .r« •he wn* y -•�•.. . _ .., -i• �''!•"i.'r.i.c-_1$•l.v ,�Fw}�� i •r7..h: -.:.••.n:. •' 2- :..""•• • _. M .,.sy:: �Yltl�e", ,..w•Vka - .�Yi._..^.. ++'. _. r . { .Y� ry r ,�• 'r.v7.un. .R�7A. 11't1 � c•: �4,1 • .:sb', ,s r!r_ 'J-^•v .Z' • f.�. .3t.�!'c +4 ''+� •.+... ,�c_.t ?!P. 'P. .t .,. .,.. .y�;t+"';.':�•s s, 7+� >' 'y.y, .2Tt. •;r{.}.vav L.v." R';f3•i19•-..e., �2.".:d^t:,:,.;:i ' -f '"Z�•.. ��„ '•� •• '� :r`%axw * ;�! •n j; t r• 'i.L ..`.^` `"^ v '• tea .. Z / it i •`-rt:'' t"'"-s 'p '' '1• t.a .s',•f.k -. ,:`•c- ,r• ;: 'c : ' '• •• I t \'r •w . .•T'• r., ti ,"„ •.•- „s'v• .4 Ate'..k J� s • __ ar"•r `R• .., -. •'G.:..f. 1 '`... ,r-e,-"+!,r!> ':L.• 4r v Sk ,. L • •.... ....vtiY'w•�L .•'d4vi'btiLj '‹: ... ""• '�4•y ;_ • `V'i w`�ffrO m H}Ha011-AvrL- u _ _ i Historic Landmark Commission December 13,2021 This home is categorized as a Minimal Traditional style house. A variety of materials such as stone,brick, wood siding, etc. appear to be used for a Minimal Traditional style home (McAlester et al.,pg. 461). Therefore, the removal of the shakes to be replaced with wood siding seems appropriate for a home of this era. The house is not listed in the SPARE survey. Slides of the subject property and color swatches were shown. Staff recommended approval of the request. The applicant was not present. Commissioner Templeton moved to approve the request for a Certificate of Appropriateness to remove shakes and paint a house, for the property at 2470 Ashley Avenue, as requested in file PZ2021-409. Commissioner Makin seconded the motion. The motion to approve the request carried 10:0. 4) PZ2021-411: A request for a Certificate of Appropriateness to construct a fence. Applicant: Terry Highsmith Location: 794 3rd Street Mrs. Engman presented the staff report. Property owner, Terry Highsmith, requests permission to construct a stucco fence for the property located at 794 3rd Street. The fence will encompass the backyard and will be visible from the street right-of-way along 3rd street and Hazel Avenue. The fence will be six (6) feet in height and eight(8) inches in width. Additionally,the fence will be made of concrete blocks, covered with stucco and painted white with decorative columns. Sec. 28.03.018 (g)(3)(D) Historic-Cultural Landmark Preservation Overlay District states a fence in a front or corner side yard must be constructed of wrought iron,wood or brick. Concrete block fences are not permitted. The property is in the 1977 SPARE Beaumont Survey. SPARE states that the house was built c. 1905. The property was listed as a fine example of middle class housing built in Beaumont after the first Spindletop boom. Slides of the subject property and an example of the proposed fence were shown. Staff recommended denial of the request. Vice-Chairman LaBiche stated that he was not aware of any masonry fences in the district and Mrs. Engman agreed that she was not aware of any that had come before the Commission. The applicant was present. Terry Highsmith, 778 N 3rd Street, addressed the Commission. He stated that he likes the look of stucco more than wood fences. He stated that wood fences fall down,mold and look bad. He added that he does not like wrought iron or brick fences as well 5 %raft isitrwtft Far 12.13.21 Historic Landmark Commission December 13,2021 and that they are also too expensive. Finally, he added that the stucco fence would improve the look of the property. Vice-Chairman LaBiche asked if Mr. Highsmith if he is renovating the home and he confirmed this to be the case. He added that it is a big project and needs much renovation. He stated that the man who previously owned the home had used it for storage. Mr. Highsmith stated that the home has not been kept up and that he is trying to restore it as closely to the original state as possible. Finally,he thanked the Commission and hoped for approval for the fence. Vice-Chairman LaBiche asked how long Mr. Highsmith had owned the home and if he planned to live in the home. Mr. Highsmith stated that he has owned it for about five (5) years and that he does not plan to live in it, but that he will use it as an extension of his home which is next door. Commissioner Berube asked if he would be doing the fence work himself or if he had a contractor. Mr. Highsmith answered that he has a contractor who was also present at the meeting. He added that his contractor was a mason with over sixty(60) years of experience. Donald Barron, 1485 Dogwood, Vidor, TX, addressed the Commission. He explained his construction plans and how the fence would be supported by digging holes underneath and installing supporting rods. He added that the fence would be stucco on blocks and then finished. Commissioner Berube stated that he was concerned about the structural soundness of the fence and Vice-Chairman LaBiche stated that if approved it would go through an inspection process to ensure the structural soundness. Commissioner Berube stated that he did not have a problem with the proposed fence if it resembles the provided example. Commissioner Makin stated that the proposed fence is not one of the approved fence types in the district. Commissioner Templeton stated that it was a very nice fence, but that it did not seem appropriate for the style of the house. Mrs. Engman read the City ordinance again and stated that the request to use stucco rather than just concrete blocks prompted staff to send the request to the Commission. She reviewed the pictures again and passed around a site plan. Commissioner Makin stated that the fence would be seen from the street. Commissioner Templeton asked the applicant if his goal for the fence was privacy. Mr. Highsmith stated that this was his goal and that the other fence styles do not offer privacy. He added that this fence would be more substantial and long lasting than wood. He also stated that currently as the yard is open,people bring their dogs into the yard or treat it like a park. Vice-Chairman LaBiche stated that brick posts with stucco in between might be more appropriate. Commissioner Crawford agreed and stated that she had mixed emotions on the request and does agree that the stucco would look better than rotting wood fences that can be seen through. 6 tri2c4. tv nu%f car 12.13.21 Historic Landmark Commission December 13,2021 Commissioner Crawford moved to approve the request for a Certificate of Appropriateness to construct a fence if bricks were added to the stucco, for the property at 794 3r Street, as requested in file PZ2021-411. Commissioner Makin questioned if the motion was specific enough. Commissioner Crawford withdrew her motion. Discussion followed about a potential precedent being set for the use of stucco in the district if this request were to be approved. Commissioner Templeton moved to deny the request for a Certificate of Appropriateness to construct a fence, for the property at 794 3rd Street, as requested in file PZ2021-411. Commissioner Makin seconded the motion. The motion to deny the request carried 10:0. 5) PZ2021-414: A request for a Certificate of Appropriateness to move an existing house into the Oaks Historic District and paint house, install front door,windows and porch. Applicant: James Callas Location: 2345 Louisiana Street Mrs. Engman presented the staff report. Property owner, James Callas, is seeking permission to move an existing house into the Oaks Historic District and paint house, install front door, windows and porch. The structure is currently located on City property at the Ida Reed Dog Park. This structure was once utilized by the Boy Scouts as their meeting space. Mr. Callas intends to remodel the Boy Scout Hut into a residential home for rent that will contain two (2) bedrooms and one bathroom. The structure will be placed on a wood piling pier and beam foundation,he intends to finish out the soffit, fascia boards and side gables to match existing trim and siding, and install a new front and nine (9) over nine (9)pane colonial white frame windows. Additionally, Mr. Callas requests to construct a front porch. He intends to use 4 x 6 pine wood for the deck, 2 x 8 pine wood for the frame, 2 x 4 pine wood for the hand rails, and keep the wood natural in color. Lastly, Mr. Callas is seeking permission to paint the house. He would like the body color to be Colonial Revival Green Stone (SW2826),trim to be Downing Sand(SW2822), and the shutters and front door to be Rookwood Dark Green (SW2816). The porch will remain a natural treated pine lumber color. Slides of the subject property,the house to be moved, a rendering of the home after proposed renovation, an example of the proposed porch and color swatches were shown. Staff recommended approval of the request with the following conditions: 1. Must pull all necessary building &moving permits through Building Codes and Engineering Division. 2. Porch shall be painted the same color as the trim. 7 t. DATE: December 13, 2021 TO: Historic Landmark Commission FROM: Demi Engman, Senior Planner SUBJECT: A request for a Certificate of Appropriateness to construct a fence. FILE: PZ2021-411 STAFF REPORT Property owner,Terry Highsmith, requests permission to construct a stucco fence for the property located at 794 3`d Street. The fence will encompass the backyard and will be visible from the street right-of-way along 3rd street and Hazel Avenue. The fence will be six (6)feet in height and eight (8) inches in width.Additionally,the fence will be made of concrete blocks, covered with stucco and painted white with decorative columns. Please see site plan, elevation drawing and example of the fence Mr. Highsmith intends to construct located in your packet. Sec. 28.03.018 (g)(3)(D) Historic-Cultural Landmark Preservation Overlay District states a fence in a front or corner side yard must be constructed of wrought iron, wood or brick. Concrete block fences are not permitted. Staff recommends denial of the request. The property is in the 1977 SPARE Beaumont Survey. SPARE states that the house was built c. 1905.The property was listed as a fine example of middle class housing built in Beaumont after the first Spindletop boom. Exhibits are attached. BEAUMONT Planning & Community Development Case Type:Planning and Zoning Case Status:REVIEW Case Sub Type:Certificate of Appropriateness Tag Name: Fence Case#: PZ2021-411 Initiated On: 11/15/2021 4:35:09PM Location:794 3RD ST,BEAUMONT,77701 individuals listed on the record: Applicant Terry Highsmith Home Phone: 4098356535 778 N 3rd St Work Phone: Beaumont,TX 77701-1628 Cell Phone: 4098356535 E-Mail: terryhighsmith@sbcgiobal.net Reason for Request of a Certificate of Install concrete fence.Painting house and repairing wood as needed. Appropriateness Recaulking windows as needed. Paint N New Construction N Demo N Fencing Y Miscellaneous N Has request been made before? Y If yes,date: Notes: This is not a building permit, additional permits may be required for the proposed scope of work. Case Type:Planning and Zoning Page 1 of 1 Case#:PZ2021-411 Printed On:12/2/2021 ORDINANCE NO. ENTITLED AN ORDINANCE OVERTURNING THE DECISION OF THE HISTORIC LANDMARK COMMISSION TO DENY AN APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS TO CONSTRUCT A FENCE AT 794 3RD STREET, BEAUMONT, TEXAS, AND APPROVING SAID APPLICATION. WHEREAS, on November 16, 2021, Terry Highsmith applied to the Historic Landmark Commission for a Certificate of Appropriateness to construct a fence at 794 3rd Street, Beaumont, Texas; and, WHEREAS, on December 13, 2021 the Historic Landmark Commission conducted a meeting to consider the application for the Certificate of Appropriateness; and, WHEREAS, at the conclusion of the meeting, the Historic Landmark Commission voted 10:0 to deny the request for the construction of a fence at 794 3rd Street; and, WHEREAS, Section 28.03.18(h)6 of the Code of Ordinances of the City of Beaumont gives the applicant the right to appeal a decision of the Historic Landmark Commission to deny a Certificate of Appropriateness to the City Council; and, WHEREAS, Terry Highsmith has appealed the decision to deny his request for a Certificate of Appropriateness to the City Council; 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, THAT after considering the evidence and testimony of the witnesses, the City Council hereby finds and declares that the decision of the Historic Landmark Commission to deny the application of Terry Highsmith for a Certificate of Appropriateness to construct a fence at 794 3rd Street, Beaumont, Texas, should be overturned. BE IT FURTHER ORDAINED THAT the application of Terry Highsmith for a Certificate of Appropriateness to construct a fence at 794 3rd Street, Beaumont, Texas, is hereby approved. 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 11th day of January, 2022. - Mayor Robin Mouton -